S.I. No. 152/1940 - Conditions of Employment (Malting) (Exclusion) Regulations, 1940.

STATUTORY RULES AND ORDERS. 1940. No. 152.

CONDITIONS OF EMPLOYMENT (MALTING) (EXCLUSION) REGULATIONS, 1940.

WHEREAS it is enacted by sub-section (1) of section 29 of the Conditions of Employment Act, 1936 (No. 2 of 1936), that the Minister for Industry and Commerce may by order make regulations declaring any specified form of industrial work to be excluded industrial work for the purpose of all or any of the sections of Part III of the said Act :

AND WHEREAS it is enacted by sub-section (1) of section 52 of the said Act that whenever the said Minister makes regulations declaring any form of industrial work to be excluded industrial work for the purpose of any section of Part III of the said Act which relates to the hours during which an employer may permit any worker to do for him any form of industrial work, the said Minister may by order make regulations fixing in such manner as he may think fit the hours of work in respect of such form of industrial work for all or any classes of workers engaged in such form of industrial work :

AND WHEREAS by section 57 of the said Act certain powers are conferred on the said Minister in relation to the specification in regulations under the said Act of forms of industrial work :

NOW, the Minister for Industry and Commerce, in exercise of the powers conferred on him by sections 29, 52, and 57, of the Conditions of Employment Act, 1936 (No. 2 of 1936), and of every and any other power him in this behalf enabling, and having first consulted with representatives of employers and representatives of workers pursuant to the said sections, hereby makes the following regulations, that is to say :—

PART I. PRELIMINARY AND GENERAL.

1. These Regulations may be cited as the Conditions of Employment (Malting) (Exclusion) Regulations, 1940.

2. The Conditions of Employment (Malting) (Exclusion) Order, 1936 (Statutory Rules and Orders, No. 387 of 1936), is hereby revoked.

PART II. PROVISIONS RELATING TO WORKERS OTHER THAN KILN FIRESMEN.

3. The form of industrial work specified in the First Schedule to these Regulations is hereby declared to be excluded industrial work for the purpose of sections 38, 48, and 49 of the Conditions of Employment Act, 1936 (No. 2 of 1936).

4. An employer who employs any worker to do the form of industrial work specified in the First Schedule to these Regulations in an industrial undertaking on work which is neither continuous process shift work nor licensed shift work shall permit such worker to cease work at the hour of 1 p.m. on at least one day in every week and shall not permit such worker—

(a) to commence work before the hour of 6 a.m. on any day,

(b) to continue work after any of the following limits, that is to say :—

(i) the hour of 8 p.m. on any day,

(ii) the time in any day when such worker has completed nine hours work on that day,

(iii) the time in any week when such worker has completed forty-eight hours work in that week,

(c) to do work for any period exceeding five hours in any day unless such worker ceases work after a period not exceeding five hours from the time at which he commenced work and does not again commence work until the expiration of at least half an hour,

(d) if a young person, to work on any day which is a Sunday or a public holiday.

PART III. PROVISIONS RELATING TO KILN FIRESMEN, THAT IS TO SAY, WORKERS RESPONSIBLE FOR THE SUPERVISION, MAINTENANCE, AND CONTROL OF KILN FIRES IN THE MALTING OF GRAIN.

5. The form of industrial work specified in the Second Schedule to these Regulations is hereby declared to be excluded industrial work for the purpose of sections 32, 33, 38, 41, 43, 48, and 49 of the Conditions of Employment Act, 1936 (No. 2 of 1936).

6. An employer who employs any worker to do the form of industrial work specified in the Second Schedule to these Regulations in an industrial undertaking, whether such worker also does other work or not, shall not permit such worker—

(a) to be on duty otherwise than by way of spells of duty not exceeding twelve hours in duration,

(b) to commence any spell of duty earlier than upon the expiration of twenty-four hours from the commencement of his next previous spell of duty,

(c) to continue, otherwise than by supervision, work of any kind after either of the following limits, that is to say :—

(i) the time in any spell of duty when such worker has completed eight hours work of any kind, other than supervision, during that spell of duty,

(ii) the time in any week when such worker has completed in that week forty-eight hours work of any kind, other than supervision, during spells of duty,

(d) to do work of any kind, other than supervision, for any period exceeding five hours in any spell of duty unless such worker, after a period not exceeding five hours from the time at which he commenced such work, ceases to do any work and does not again commence to do any work until the expiration or at least half an hour.

FIRST SCHEDULE.

The industrial work in connection with the malting of grain other than that specified in the Second Schedule to these Regulations.

SECOND SCHEDULE.

The industrial work or supervision, maintenance, and control of kiln fires in the malting of grain.

Given under the Official Seal of the Minister for Industry and Commerce, this 6th day of May, 1940.

R. C. FERGUSON,

Secretary,

Department of Industry and Commerce.