Factories Act, 1955

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Docks, wharves, quays and warehouses.

86.—(1) The provisions of this Act hereinafter in this subsection mentioned shall apply to every dock, wharf, or quay (including any warehouse belonging to the owners, trustees or conservators of the dock, wharf or quay and any line or siding used in connection with and for the purposes of the dock, wharf or quay and not forming part of a railway or tramway) and every other warehouse (not forming part of a factory) in or for the purposes of which mechanical power is used, as if it were a factory, and as if the person having the actual use or occupation of it, or of any premises within it or forming part of it, were the occupier of a factory, that is to say:—

(a) the provisions of Part I;

(b) the provisions of Part II with respect to sanitary conveniences, to such extent as may be specified, and subject to such adaptations and modifications as may be made, by regulations of the Minister;

(c) the provisions of Part III with respect to steam boilers (including the provisions as to exceptions as to steam boilers) so, however, that the owner of the boiler shall, instead of the person deemed to be the occupier, be responsible for any contravention of the said provisions;

(d) the provisions of Part III with respect to the power of the Minister to require special safety arrangements for the prevention of accidents and to the power of the District Court to make orders as to dangerous conditions and practices;

(e) the provisions of Part IV with respect to welfare regulations;

(f) the provisions of Part V with respect to special regulations for safety and health;

(g) the provisions of Part VI;

(h) the provisions of Part VII so, however, that the said provisions shall apply in the case of warehouses only;

(i) the provisions of this Part with respect to premises where part of a building is a separate factory, subject to such adaptations and modifications as may be made by regulations of the Minister;

(j) the provisions of Part X with respect to appointment and duties of certifying doctors and fees of certifying doctors, subject to such adaptations and modifications as may be made by regulations of the Minister, and the provisions of the said Part X with respect to powers and duties of inspectors and to regulations, orders and certificates of the Minister;

(k) the provisions of Part XI;

(l) the provisions of Part XIII with respect to the abstract of this Act and notices, special regulations, general registers (so far as applicable), preservation of registers and records, subject to such adaptations and modifications as may be made by regulations of the Minister, and the provisions of the said Part XIII with respect to duties of persons employed and the prohibition of deductions from wages.

(2) The provisions of this Act mentioned in paragraph (a), in paragraph (c) (subject to the modification mentioned in that paragraph) and in paragraphs (d), (f), (g), (j), (k), and (l) of subsection (1) of this section shall apply to the processes of loading, unloading or coaling of any ship in any dock, harbour or canal, and to all machinery or plant used in those processes, as if the processes were carried on in a factory and the machinery or plant were machinery or plant in a factory, and the person who carries on those processes were the occupier of a factory, but the provisions of this Act mentioned in the said paragraphs (c) and (d) shall not apply in relation to any such machinery or plant which is on board a ship and is the property of the ship owner.

For the purposes of this subsection, “plant” includes any gangway or ladder used by any person employed to load or unload or coal a ship.

(3) The provisions of Part III of this Act with respect to prime movers, transmission machinery, other machinery, provisions as to unfenced machinery, construction and maintenance of fencing, construction of machinery, cleaning of machinery by women and young persons, training and supervision of young persons working at dangerous machines, hoists and lifts, chains, ropes and lifting tackle, cranes and other lifting machines, construction and maintenance of floors, passages and stairs, and the power of the District Court to make orders as to dangerous factories shall apply to every warehouse mentioned in subsection (1) of this section as if the warehouse were a factory and as if the person having the actual use or occupation thereof were the occupier of a factory.