FACTORIES ORDINANCE

Arrangement of Sections

1. Short title.

PART I

Registration of Factories and Approval of Factory Buildings

2. Registration of factories and approval of buildings.

3. Power to make regulations.

4. Notice of intention to commence the occupation of or the use of any premises as a factory and notice to be furnished in respect of a factory established before the date notified by the Ministry under section 2.

5. Notice of suspension and resumption of work in a factory.

5A. Local authorities not to issue licence in respect of factories registered under this Ordinance.

PART II

Health (General Provisions)

6. Cleanliness.

7. Overcrowding.

8. Regulations increasing amount of cubic space allowance for each person.

9. Calculation of amount of cubic space in rooms.

10. Notice of number of persons employed to be posted in each work.

11. Temperature.

12. Ventilation.

13. Lighting.

14. Drainage of floors.

15. Sanitary conveniences.

16. Power to require medical supervision.

PART III

Safety (General Provisions)

17. Prime movers.

18. Transmission machinery.

19. Other machinery.

20. Provisions as to unfenced machinery.

21. Construction and maintenance of fencing.

22. Construction and sale of new machinery.

23. Vessels containing dangerous substances.

24. Self-acting

25. Cleaning of machinery by women and young persons.

26. Training and supervision of young persons working at dangerous machines.

27. Hoists and lifts.

28. Chains, ropes and lifting tackle.

29. Cranes and other lifting machines.

30. Construction and maintenance of floors, passages and stairs.

31. Safe means of access and safe place of employment.

32. Precautions in places where dangerous fumes are liable to be present or where deficiency of oxygen is liable to occur.

33. Precautions with respect to explosive or inflammable dust, gas, vapour or substance.

34. Steam boilers.

35. Steam receivers and steam containers.

36. Air receivers.

36A. Gas receivers.

37. Exceptions as to steam boiler steam receivers and containers air and gas receivers.

38. Precautions as respects water-sealed gasholders.

38A. Regulations.

39. Means of escape in case of fire.

40. Regulations as to means of escape in case of fire.

41. Safety provisions case of fire.

42. Instruction as to use of means of escape in case of fire.

42A. Regulations requiring the installation of firefighting appliances.

43. Power of Commissioner to require special safety arrangements for the prevention of accidents.

44. Power to make orders as to dangerous conditions and practices.

44A. Power to make orders as to safety of factory premises

45. The use of other machinery.

PART IV

Welfare (General Provisions)

46. Supply of drinking water.

47. Regulations as to washing facilities.

48. Accommodation for clothing.

49. Facilities for resting for female workers.

50. First-aid.

PART V

Health, Safety and Welfare (Special Provisions and Regulations)

51. Removal of dust or fumes.

51A. Precautions where asphyxiate or irritant gas or vapour is used or is liable to be present.

52. Meals in certain dangerous trades.

53. Protection of eyes.

53A. Protection from radiation and vibration.

54. Shuttle threading by mouth suction.

55. Prohibition of use of white phosphorus in manufacture of matches.

56. Underground rooms.

57. Laundries.

58. Lifting excess weights.

58A. Prevention of noise.

58B. Precautions to be taken in factories where electricity is generated.

Special Regulations for Safety and Health

59. Power to make special regulations for safety and health.

Supplementary Provisions

60. Power to photograph take samples.

PART VI

Notification and Investigation of Accounts and Industrial Diseases

61. Notification of accidents.

62. Power to extend to dangerous occurrences provisions as to notice of accidents.

63. Notification of industrial diseases.

64. Investigation into case of death by accident or industrial disease.

65. Power to direct formal investigation of accidents and cases of disease.

66. Duty of authorised factory doctor to investigate a report in certain cases.

66A. Insurer to furnish information to the Chief Factory Inspecting Engineer.

PART VII

Employment of Workers

67. General conditions as to hours of employment of women and young persons.

67A. Employment of women at night in a factory or an industrial undertaking.

68. Overtime employment of women and young person's over sixteen.

69. Definition of "overtime employment”.

70. Register of overtime.

71. Restriction of employment inside and outside factory on same day.

72. Prohibition of use of rooms during intervals.

73. Weekly and annual holidays.

74. Exception as to workers holding positions of management.

75. Power to suspend certain provisions of Part VII in emergency.

76. Provision for protection of women and young person's employed under exceptions.

77. Certificate of fitness for employment of young persons.

78. Power of Factory Inspecting Engineer to require certificate of fitness for work.

78A. Definition of worker.

PART VIII

Special Applications and Extensions Premises in Respect of Which Owner is Liable

79. Parts of buildings let off as separate factories.

79A. Tenement factories.

Electrical Stations

80. Application of Ordinance to electrical stations.

Institutions

81. Institution.

Docks, Wharves, Quays, Warehouses and Ships

82. Docks.

83. Ships.

Building and Other Construction Works

84. Building and other construction works.

85. Repealed.

Lead Processes Carried on in Places Other than Factories

86. Employment of women and young persons in places other than factories in processes connected with lead manufacture or involving the use of lead Compounds.

PART IX

Home Work

87. Lists of outworkers to be kept in certain trades.

88. Employment of persons in unwholesome premises.

PART X

Miscellaneous

89. Notice of use of mechanical power.

90. Posting of abstract of Ordinance and notices.

91. Provisions as to special regulations.

92. General registers.

93. Preservation of registers and records.

94. Periodical return of persons employed.

95. Duties of persons employed.

96. Prohibition of deductions from wages.

97. Weights, measures and weighing and measuring instruments used in ascertaining wages.

PART XI

Administration

98. Administration of the Ordinance.

99. Industrial Safety and Health Advisory Committee.

100. Appointment of Chief Factory Inspecting Engineer and other officers.

101. Powers of Chief Factory Inspecting Engineer and other officers.

102. Powers of Factory Inspecting Engineer to be exercised by other officer in certain cases.

103. Certificate of person appointed under section 100.

104. Appointment and duties of authorised factory doctor.

105. Regulations.

PART XII

Repealed

106. Repealed.

107. Repealed.

PART XIII

Supplementary Offences, Penalties and Legal Proceedings

108. Liability of occupier, owner, employed person of a factory.

109. Fines for offences for which no express penalty is provided.

110. Power of court to order cause of contravention to be remedied.

111. Fines in case of death or injury.

112. Fine for offence by parent.

113. Forgery of certificates, false entries, and false declarations.

114. Penalty on persons actually committing offence for which occupier is liable.

115. Power of occupier or owner to exempt himself from liability on conviction of the actual offender.

116. Proceedings against persons other than occupiers or owners.

117. Owner of machine liable in certain cases instead of occupier.

118. Prosecution of offences and recovery and application of fines.

119. Special provisions as to evidence.

120. Service and sending of documents.

121. Repealed.

122. Power of District Court to modify agreements.

123. Power of District Court to apportion expenses.

PART XIV

Application of Ordinance

124. General application of Ordinance.

125. Application to factories belonging to the State.

PART XV

Interpretation and General Interpretation

126. Interpretation of expression factory.

127. General interpretation.

128. Application of Ordinance to young person's employed in factories in certain occupations.

General

129. Inspection of certain premises.

130. Expenses of Commissioner.

131. Mines and Machinery Protection Ordinance, 1896, to cease to apply to factories.

45 of 1942,

22 of 1946,

12 of 1976,

54 of 1961,

32 of 1984,

18 of 1998,

33 of 2000,

19 of 2002.

AN ORDINANCE to make provision for the safety and welfare of workers in Factories.

[Date of Commencement: 1st January, 1950]

1. Short title.

(1) This Ordinance may be cited as the Factories Ordinance.

(2) Save as otherwise provided in subsection (3) of this section or in any other section of this Ordinance, the provisions of this Ordinance shall be in addition to and not in substitution for or diminution of the provisions of any other written law for the time being applicable to factories and to the employment of workers in factories in Sri Lanka.

(3) In any case of conflict or inconsistency between the provisions of this Ordinance or of any regulation made thereunder and any provision of any other written law made in pursuance of any power conferred upon any local authority, the provisions of this Ordinance or of such regulation shall prevail.

PART I

[Part I subs by s 2 of Law 12 of 1976.]

Registration of Factories and Approval of Factory Buildings

[Subs by s 2 of Law 12 of 1976; Am by s 2 of Act 33
of 2000.]

2. Registration of factories and approval of buildings.

(1) On and after the notified date, no person shall be the occupier of any factory, whether established before, on or after that date, unless such factory is registered in accordance with the provisions of this Ordinance and the regulations made hereunder:

Provided that the occupation during the period of three months commencing from the notified date by the occupier of a factory established before the notified date shall be deemed not to be a contravention of the preceding provisions of this section.

[S 2(1) am by s 3(a) of Act 33 of 2000.]

(2) For the purpose of the registration required by this Ordinance the date of the establishment of a factory shall be the date on which any of the actual operations of the factory, or any process of work of any kind, other than the construction or renovation of buildings or the cleaning and preparation of the premises or the installation or repair of machinery or equipment, is commenced therein.

[S 2(2) am by s 3(b) of Act 33 of 2000.]

(3) On and after the notified date no person shall commence—

(a) the construction of a factory building on any site; or

(b) the making of any extension to any factory building; or

(c) the conversion of any other building into a factory building,

unless the plans for such construction, extension or conversion, as the case may be, has been approved by the Chief Factory Inspecting Engineer or the District Factory Inspecting Engineer.

[S 2(3) subs by s 3(c) of Act 33 of 2000.]

(4) Where approval under subsection (3) is not granted, the Chief Factory Inspecting Engineer or the District Factory Inspecting Engineer, as the case may be, shall inform in writing, the applicant the reasons therefor.

[S 2(4) ins by s 3(c) of Act 33 of 2000.]

(5) In this section, "extension” includes the addition of any building, room or other structure, the alteration of any building for the purpose of dividing it into two or more portions, the roofing of any space between two or more walls, the re-erection of the whole or any part of any building destroyed or demolished for the purpose of re-erection, any change in the layout of machinery, or any other alteration in the internal arrangements of the building which affects any provision of this Ordinance such as the temperature, lighting or ventilation.

[S 2(4) re-numbered as s 2(5) by s 3(d) of Act 33 of 2000;
S 2 subs by s 2 of Law 12 of 1976.]

3. Power to make regulations.

(1) The Minister may, by regulations, provide for all matters relating to the registration of factories, the approval of factory buildings and sites, the approval of extension to factory buildings and the approval of the conversion of other buildings into factory buildings, required by this Ordinance.

[S 3(1) am by s 4(a) of Act 33 of 2000.]

(2) In particular and without prejudice to the generality of the powers conferred by subsection (1), the Minister may by regulations—

(a) require, for the purpose of considering applications for approval under section 2 (3), the submission of plans and specifications and prescribe the nature of such plans and specifications;

(b) prescribe the form of application for registration;

[S 3(2)(b) subs by s 4(b)(i) of Act 33 of 2000.]

(c) prescribe the forms of certificates to be issued on registration;

[S 3(2)(c) am by s 4(b)(ii) of Act 33 of 2000.]

(d) provide for the matters to be complied with by an applicant before registration; and

[S 3(2)(d) am by s 4(b)(iii) of Act 33 of 2000.]

(e) prescribe the conditions subject to which registration may be made and the circumstances in which such registration may be cancelled.

[S 3(2)(e) am by s 4(b)(iv) of Act 33 of 2000.]

(3) For the purpose of the registration of factories different regulations may be made under the preceding provisions of this section-(f) in respect of factories established before the notified date; and (b) in respect of factories established on or after the notified date.

[S 3(3) am by s 4(c) of Act 33 of 2000; S 3 subs by s 2 of Law 12 of 1976.]

4. Notice of intention to commence the occupation of or the use of any premises as a factory and notice to be furnished in respect of a factory established before the date notified by the Ministry under section 2.

(1) On and after the notified date no person shall commence the occupation of, or the use of any premises as, a factory unless he has, at least one month before the date on which it is intended to commence such occupation or use, served on the Chief Factory Inspecting Engineer or the District Factory Inspecting Engineer, a written notice, containing such particulars as may be prescribed. In the event of any change in the particulars so furnished, the occupier of such factory shall furnish to the Chief Factory Inspecting Engineer or the District Factory Inspecting Engineer a fresh written notice containing every such change of the particulars:

Provided however that such person may, after serving such notice commence such occupation or use on a date earlier than that specified in the notice, if he has obtained written permission to do so from the Chief Factory Inspecting Engineer or the District Factory Inspecting Engineer.

(2) The occupier of a factory established before the date notified by the Minister under section 2 and in use on such date, shall within a period of two months from such date, furnish to the Chief Factory Inspecting Engineer or the District Factory Inspecting Engineer a written notice in such form and containing such particulars as may be prescribed. In the event of any change in the particulars so furnished, the occupier of such factory shall furnish to the Chief Factory Inspecting Engineer or the District Factory Inspecting Engineer a fresh written notice inter alia, containing every such change of the particulars.

[S 4 subs by s 5 of Act 33 of 2000.]

5. Notice of suspension and resumption of work in a factory.

When work in any factory has been suspended for a period exceeding six months, the person who, immediately before such work was suspended, was the occupier of that factory—

(a) shall serve on the Chief Factory Inspecting Engineer or the District Factory Inspecting Engineer a written notice, within fifteen days of the expiration of such period, specifying the date on which such work was suspended; and

[S 5(a) am by s 6 of Act 33 of 2000.]

(b) shall not resume such work therein unless he has, at least fifteen days before the date on which it is intended to resume such work, served on the Chief Factory Inspecting Engineer or the District Factory Inspecting Engineer a written notice stating the intention to resume, and the date on which it is intended to resume, such work.

[S 5 subs by s 2 of Law 12 of 1976.]

5A. Local authorities not to issue licence in respect of factories registered under this Ordinance.

No local authority shall issue a licence to carry on any trade or business which consists of or includes any process or unless operation referred to in sections 80, 81, 82, 84,86 or 126, unless the premises in which such trade or business is carried on is registered as a factory under this Ordinance.

[S 5A ins by s 2 of Law 12 of 1976.]

PART II

Health (General Provisions)

6. Cleanliness.

Every factory shall be kept in a clean state, and free effluvia arising from any drain, sanitary convenience or nuisance, and, without prejudice to the generality of the foregoing provision—

(a) accumulations of dirt and refuse shall be removed daily by a suitable method from the floors and benches of workrooms, and from the staircases and passages;

(b) the floor of every workroom shall be cleaned at least once in every week by washing or, if it is effective and suitable, by sweeping or other method;

(c) all such measures as may be prescribed by regulations shall be taken to keep in a clean and sanitary condition all inside walls and partitions and all ceilings or tops of rooms and all walls, sides and tops of passages and staircases:

Provided that

(i) except where the District Factory Inspecting Engineer for the district in any case otherwise requires, the provisions of any regulations made under paragraph (c) of this section shall not apply to any factory where mechanical power is not used and less than ten persons are employed; and

(ii) where it appears to the Registrar1 that in any class or description of factory or parts thereof any of the foregoing provisions of this section are not required for the purpose of keeping the factory in a clean state, or are by reason of special circumstances inappropriate or inadequate for such purpose, he may, if he thinks fit, by order direct that those provisions shall not apply to factories, or parts of factories, of that class or description or shall apply as varied by the order.

7. Overcrowding.

(1) A factory shall not, while work is carried on, be so overcrowded as to cause risk of injury to the health of the persons employed therein.

(2) Without prejudice to the generality of the fore going provision, a factory shall be deemed to be so overcrowded as aforesaid, if the number of persons employed at a time in any workroom is such that the amount of cubic space allowed for each person employed in the room is less than four hundred cubic feet:

Provided that, if the Chief Factory Inspecting Engineer is satisfied that owing to the special conditions under which the work is carried on in any workroom in which explosive materials are manufactured or handled, the application of the provisions of this subsection to that workroom would be inappropriate or unnecessary, he may by certificate except the workroom from those provisions subject to any conditions specified in the certificate.

(3) As respects any room used as a workroom at the appointed date, the last foregoing subsection shall, for the period of five years after that date and, if before the expiration of that period effective and suitable mechanical ventilation has been provided in the room, for a further period of five years, have effect as if for the reference therein to four hundred cubic feet there were substituted a reference to two hundred and fifty cubic feet:

Provided that this subsection shall cease to apply to the room—

(a) if the room passes into the occupation of any person other than the person who was the occupier thereof at the appointed date, or his successor in the same business; or

(b) if, during the first of the said periods, the inspector for the district requires the provision of effective and suitable mechanical ventilation in the room and default is made in complying with the requirement; or

(c) if, during the second of the said periods or in a case where it has been provided in pursuance of the Factory Inspecting Engineer's2 requirement during either of those periods, the effective and suitable mechanical ventilation provided in the room ceases to be maintained.

8. Regulations increasing amount of cubic space allowance for each person.

The Minister may make regulations, as respects any class or description of factory or parts thereof or any process, increasing the number of cubic feet which must under section 7 be allowed for every person employed in a workroom of a factory.

9. Calculation of amount of cubic space in rooms.

In calculating for the purposes of section 7 the amount of cubic space in any room, no space more than fourteen feet from the floor shall be taken into account, and where a room contains a gallery, the gallery shall be treated for the purposes of section 7 as if it were partitioned off from the remainder of the room and formed a separate room.

10. Notice of number of persons employed to be posted in each work.

Unless the District Factory Inspecting Engineer otherwise directs, there shall be posted in each workroom in a factory a notice specifying the number of persons, who, having regard to the provisions of section 7, may be employed in that room.

11. Temperature.

(1) Effective provision shall be made for securing and maintaining a reasonable temperature in each workroom, but no method shall be employed which results in the escape into the air of any workroom of any fume of such a character and to such extent as to be likely to be injurious or offensive to persons employed therein.

(2) The Minister may, by regulations, for factories or for any class or description of factory or parts thereof, prescribe a standard of reasonable temperature (which may vary the standard prescribed by the last foregoing subsection for sedentary work) and prohibit the use of any methods of maintaining a reasonable temperature which, in the opinion of the Minister, are likely to be injurious to the persons employed, and direct that thermometers shall be provided and maintained in such places and positions as may be specified.

12. Ventilation.

(1) Effective and suitable provision shall be made for securing and maintaining by the circulation of fresh air in each workroom the adequate ventilation of the room, and for rendering harmless, so far as practicable, all fumes, dust and other impurities injurious to health that may be generated in the course of any process or work carried on in the factory.

(2) The Minister may, by regulations, prescribe a standard
of adequate ventilation for factories or for any class or description of factory or parts thereof.

13. Lighting.

(1) Effective provision shall be made for securing and maintaining sufficient and suitable lighting, whether natural or artificial, in every part of a factory in which persons are working or passing.

(2) The Minister may, by regulations, prescribe a standard of sufficient and suitable lighting for factories or for any class or description of factory or parts thereof, or for any process.

(3) Nothing in the foregoing provisions of this section or in any regulations made thereunder shall be construed as enabling directions to be prescribed or otherwise given as to whether any artificial lighting is to be produced by any particular illuminant.

(4) All glazed windows and skylights used for the lighting of workrooms shall, so far as practicable, be kept clean on both the inner and outer surfaces and free from obstruction:

14. Drainage of floors.

Where any process is carried on which renders the floor liable to be wet to such an extent, that the wet is capable of being removed by drainage, effective means shall be provided and maintained for draining off the wet.

15. Sanitary conveniences.

(1) Sufficient and suitable sanitary conveniences for the persons employed in the factory shall be provided, maintained and kept clean, and effective provision shall be made for lighting the conveniences and, where persons of both sexes are or are intended to be employed such conveniences shall afford proper separate accommodation for persons of each sex.

(2) The Minister may make regulations determining for factories or for any class or description of factory what is sufficient and suitable provision for the purposes of this section.

16. Power to require medical supervision.

(1) Where it appears to the Commissioner that in any factory or class or description of factory

(a) cases of illness have occurred which he has reason to believe may be due to the nature of a process or other conditions of work; or

(b) by reason of changes in any process or in the substances used in any process, or by reason of the introduction of any new process or new substance for use in a process, there may be risk of injury to the health of persons employed in that process; or

(c) young persons are or are about to be employed in work which may cause risk of injury to their health, he may issue directions requiring such reasonable arrangements to be made for the medical supervision (not including medical treatment other than first-aid treatment and medical treatment of a preventive character) of the persons, or any class of the persons, employed at that factory or class or description of factory as may be specified in the directions.

(2) The Minister may make regulations as to the arrangements that shall be made in all factories or in any specified class of factories for the purposes of this section.

[S 16(2) rep by s 3(a) of Law 12 of 1976; S 16(3)
re-numbered as s 16(2) by s 3(b) of Law 12 of 1976.]

PART III

Safety (General Provisions)

17. Prime movers.

(1) Every flywheel directly connected to any prime mover and every moving part of any prime mover, except such prime movers as are mentioned in subsection (3) of this section, shall be securely fenced whether the flywheel or prime mover is situated in an engine-house or not.

(2) The head and tail race of every water wheel and of every water turbine shall be securely fenced.

(3) Every part of electric generators, motors and rotary converters, and every flywheel directly connected thereto, shall be securely fenced unless it is in such a position or of such construction as to be as safe to every person employed or working on the premises as it would be if securely fenced.

18. Transmission machinery.

(1) Every part of the transmission machinery shall be securely fenced unless it is in such a position or of such construction as to be as safe to every person employed or working on the premises as it would be if securely fenced.

(2) Efficient devices or appliances shall be provided and maintained in every room or place where work is carried on, by which the power can promptly be cut off from the transmission machinery in that room or place.

(3) No driving belt when not in use shall be allowed to rest or ride upon a revolving shaft, which forms part of the transmission machinery.

(4) Suitable striking gear or other efficient mechanical appliances shall be provided and maintained and used to move driving belts to and from fast and loose pulleys which form part of the transmission machinery, and any such gear or appliances shall be so constructed, placed and maintained as to prevent the driving belt from creeping back on to the fast pulley.

(5) Where the Commissioner is satisfied that owing to special circumstances the fulfillment of any of the requirements of the last three foregoing subsections is unnecessary or impracticable, he may by order direct that that requirement shall not apply in those circumstances.

19. Other machinery.

(1) Every dangerous part of any machinery, other than prime movers and transmission machinery, shall be securely fenced unless it is in such a position or of such construction as to be as safe to every person employed or working on the premises as it would be if securely fenced:

Provided that, in so far as the safety of a dangerous part of any machinery cannot by reason of the nature of the operation be secured by means of a fixed guard, the requirements of this subsection shall be deemed to have been complied with if a device is provided which automatically prevents the operator from coming into contact with that part.

(2) Where the Minister is satisfied that there is available and suitable for use in connection with machinery of any class any type or description of safety device which—

(a) prevents the exposure of a dangerous part of machinery whilst in motion; or

(b) stops a machine forthwith in case of danger, the Minister may make regulations directing that the type or description of device shall be provided for use in connection with such class of machinery as may be specified in the regulations:

Provided that, in any proceedings in respect of a contravention of this subsection, it shall be a sufficient defence to prove that a device at least equally effective was being used in connection with the machinery in respect of which the contravention occurred.

(3) Any part of a stock-bar which projects beyond the head-stock of a lathe shall be securely fenced unless it is in such a position as to be as safe to every person employed or working on the premises as it would be if securely fenced. The Minister may, as respects any machine or any process in which a machine is used, make regulations requiring the fencing of materials or articles which are dangerous while in motion in the machine.

20. Provisions as to unfenced machinery.

In determining, for the purposes of the foregoing provisions of this Part, whether any part of machinery is in such a position or of such construction as to be as safe to every person employed or working on the premises as it would be if securely fenced—

(a) no account shall be taken of any person carrying out, while the part of machinery is in motion, an examination thereof or any lubrication or adjustment shown by such examination to be immediately necessary, being an examination, lubrication or adjustment which it is necessary to carry out while the part of machinery is in motion; and

(b) in the case of any part of transmission machinery used in any such process as may be specified in regulations made by the Minister being a process where owing to the continuous nature thereof the stopping of that part would seriously interfere with the carrying on of the process, no account shall be taken of any person carrying out, by such methods and in such circumstances as may be specified in the regulations, any lubrication or any mounting or shipping of belts:

Provided that this section shall only apply where the examination, lubrication or other operation is carried out by such persons, being male persons who have attained the age of eighteen, as may be specified in regulations made by the Minister, and all such other conditions as may be so specified are complied with.

21. Construction and maintenance of fencing.

All fencing or other safeguards provided in pursuance of the foregoing provisions of this Part shall be of substantial construction, and constantly maintained and kept in position while the parts required to be fenced or safeguarded are in motion or in use, except when any such parts are necessarily exposed for examination and for any lubrication or adjustment shown by such examination to be immediately necessary, and all such conditions as may be specified in regulations made by the Minister are complied with.

22. Construction and sale of new machinery.

(1) In the case of any machine in a factory being a machine intended to be driven by mechanical power—

(a) every set screw, bolt or key on any revolving shaft, spindle, wheel or pinion shall be so sunk, encased or otherwise effectively guarded as to prevent danger; and

(b) all spur and other toothed or friction gearing, which does not require frequent adjustment while in motion, shall be completely encased unless it is so situated as to be as safe as it would be if completely encased.

(2) Any person who imports, sells or lets on hire, or as agent of the importer, seller or hirer causes or procures to be imported, sold or let on hire, for use in a factory in Sri Lanka any machine intended to be driven by mechanical or electrical power which does not comply with the requirements of this section, shall be guilty of an offence and liable to a fine not exceeding fifty thousand rupees.

[S 22(2) subs by s 4 of Law 12 of 1976; am by s 2 of
Act 18 of 1998.]

(3) The Minister may by regulations extend the provisions of the last preceding subsection to machinery or plant which does not comply with such requirements of this Ordinance or of any regulation made thereunder as may be specified in the regulations, and any regulations made under this subsection may relate to machinery or plant in a specified process.

(4) Nothing in this section shall apply to any machine constructed before the appointed date, and regulations under this section shall not apply to any machinery or plant constructed before the making of the regulations.

23. Vessels containing dangerous substances.

[Subs by s 5(c) of Law 12 of 1976.]

(1) Every fixed vessel, structure, sump or pit of which the edge is less than three feet above the adjoining ground or platform shall, if it contains any scalding, corrosive or poisonous liquid, either be securely covered or be securely fenced to at least that height, or where by reason of the nature of the work neither secure covering nor secure fencing to that height is practicable, all practicable steps shall be taken by covering, fencing or other means or prevent any person from falling into the vessel, structure, sump or pit.

(2) Where any fixed vessel, structure, sump or pit contains any scalding, corrosive or poisonous liquid but is not securely covered, no ladder, stair or gangway shall be placed above, or across it, which is not—

(a) at least eighteen inches wide, and

(b) securely fenced on both sides to a height of at least three feet and securely fixed.

[S 23(2) subs by s 5(a) of Law 12 of 1976.]

(3) Where any such vessels, structures, sumps, or pits as are mentioned in subsection (2) adjoin, and the space between, clear of any surrounding brick or other work is less than eighteen inches in width or is not securely fenced on both sides to a height of at least three feet, secure barriers shall be so placed as to prevent passage between them.

[S 23(3) ins by s 5(b) of Law 12 of 1976.]

(4) For the purpose of this section, a ladder, stair or gangway shall be deemed to be not securely fenced unless it is provided either with sheet fencing or with an upper and a lower rail and with toe boards.

[S 23(4) ins by s 5(b) of Law 12 of 1976.]

(5) —

(a) The Minister may by regulations extend any of the provisions of this section so as to make them applicable—

(i) to a vessel or structure which is not fixed; or

(ii) to a vessel, structure, sump or pit containing a substance which is not a liquid.

(b) In any regulation made under paragraph (ii) of this subsection, the expression "scalding” when used in relation to any substance which is not a liquid, shall mean likely to cause burns.

[S 23(5) ins by s 5(b) of Law 12 of 1976.]

(6) The Chief Factory Inspecting Engineer may by order exempt from the requirements of this section any class of vessel, structure, sump or pit in the case of which he is satisfied that the requirements are unnecessary or inappropriate.

[S 23(6) ins by s 5(b) of Law 12 of 1976.]

24. Self-acting.

(1) In any factory or part of a factory to which this subsection applies no traversing part of any self-acting machine and no material carried thereon shall, if the space over which it runs is a space over which any person is liable to pass, whether in the course of his employment or otherwise, be allowed on its outward or inward traverse to run within a distance of eighteen inches from any fixed structure not being part of the machine;

Provided that nothing in this subsection shall prevent any portion of the traversing carriage of any self-acting spinning mule being allowed to run to a point twelve inches distant from any part of the head-stock of another such machine.

(2) The provisions of subsection (1) shall apply—

(a) to any factory or part of a factory reconstructed after the appointed date; and

(b) to any extension of or addition to a factory made after the appointed date.

(3) All practicable steps shall be taken by instructions to the person in charge of the machine and other wise to ensure that no person employed shall be in the space between any traversing part of a self-acting spinning mule and any fixed part of the machine towards which the traversing part moves on the inward run, except when the machine is stopped with the traversing part on the outward run.

(4) The Commissioner may exempt from the operation of this section any factory or class of factories in which precautions have been taken or safeguards adopted in accordance with the recommendations of the Chief Factory Inspecting Engineer.

25. Cleaning of machinery by women and young persons.

A woman or young person shall not clean any part of a prime mover or of any transmission machinery while the prime mover or transmission machinery is in motion, and shall not clean any part of any machine, if the cleaning thereof would expose the woman or young person to risk of injury from any moving part either of that machine or of any adjacent machinery.

26. Training and supervision of young person's working at dangerous machines.

(1) No young person shall work at any machine to which this section applies, unless he has been fully instructed as to the dangers arising in connection with the machine and the precautions to be observed, and—

(a) has received a sufficient training in work at the machine; or

(b) is under adequate supervision by a person who has a thorough knowledge and experience of the machine.

(2) This section applies to such machines as may be declared by order of the Commissioner to be machines which in his opinion are of such a dangerous character that young person's ought not to work at them unless the foregoing requirements are complied with.

27. Hoists and lifts.

(1) Every hoist or lift shall be of good mechanical construction, sound material and adequate strength, and be properly maintained.

(2) Every hoist or lift shall be thoroughly examined by a competent person at least once in every period of twelve months, and a report of the result of every such examination in such form and containing such particulars as may be prescribed shall be signed by the person making the examination and shall within fourteen days be entered in or attached to the general register.

(3) Every hoistway or liftway shall be efficiently protected by a substantial enclosure fitted with gates, being such an enclosure as to prevent, when the gates are shut, any person falling down the way or coming into contact with any moving part of the hoist or lift.

(4) Any such gate as aforesaid shall be fitted with efficient interlocking or other devices to secure that the gate cannot be opened except when the cage or platform is at the landing and that the cage or platform cannot be moved away from the landing until the gate is closed:

Provided that, in the case of a hoist or lift constructed or reconstructed before the appointed date which it is not reasonably practicable to fit with such devices as aforesaid, it shall be sufficient if the gate is provided with such arrangements as will secure the aforesaid objects so far as is reasonably practicable, and in any event is kept closed and fastened except when the cage or platform is at rest at the landing.

(5) Every hoist or lift and every such enclosure as aforesaid shall be so constructed as to prevent any part of any person or any goods carried in the hoist or lift being trapped between any part of the hoist or lift and any fixed structure or between the counter balance weight and any other moving part of the hoist or lift.

(6) There shall be marked conspicuously on every hoist or lift the maximum working load which it can safely carry and no load greater than that load shall be required or permitted to be carried on any hoist or lift.

(7) The following additional requirements shall apply to hoists and lifts used for carrying persons, whether together with goods or otherwise—

(a) efficient automatic devices shall be provided and maintained to prevent the cage or platform overrunning;

(b) every cage shall on each side from which access is afforded to a landing, be fitted with a gate, and in connection with every such gate efficient devices shall be provided to secure that, when persons or goods are in the cage, the cage cannot be raised or lowered unless the gate is closed, and will come to rest when the gate is opened:

Provided that, in the case of a hoist or lift constructed or reconstructed before the appointed date in connection with which it is not reasonably practicable to provide such devices as aforesaid, it shall be sufficient if such arrangements are provided as will secure ‘ the aforesaid objects so far as is reasonably practicable, and in any event the gate is kept closed and fastened except when the cage is at rest or empty; and

(c) in the case of a hoist or lift constructed or reconstructed after the appointed date, where the platform or cage is suspended by rope or chain, there shall be at least two ropes or chains separately connected with the platform or cage, each rope or chain and its attachments being capable of carrying the whole weight of the platform or cage and its maximum working load, and efficient devices shall be provided and maintained which will support the platform or cage with its maximum working load in the event of a breakage of the ropes or chains or any of their attachments.

(8) In the case of a continuous hoist or lift, sub sections (3) to (7) inclusive of this section shall not apply and in the case of a hoist or lift not connected with mechanical power subsections (4) and (7) shall not apply.

(9) For the purposes of this section, no lifting machine or appliance shall be deemed to be a hoist or lift unless it has a platform or cage the direction of movement of which is restricted by a guide or guides.

(10) Every teagle opening or similar doorway used for hoisting or lowering goods or materials, whether by mechanical power or otherwise, shall be securely fenced, and shall be provided with a secure hand-hold on each side of the opening or doorway. The fencing shall be properly maintained and shall, except when the hoisting or lowering of goods or materials is being carried on at the opening or doorway, be kept in position.

(11) If it is shown to the satisfaction of the Commissioner that it would be unreasonable in the special circumstances of the case to enforce any requirement of this section in respect of any class or description of hoist, lift, hoistway, liftway, or teagle opening or similar doorway, he may by order direct that such requirement shall not apply as respects that class or description.

28. Chains, ropes and lifting tackle.

(1) following provisions shall be complied with as respects every chain, rope or lifting tackle used for the purpose of raising or lowering persons, goods or materials—

(a) no chain, rope or lifting tackle shall be used unless it is of good construction, sound material, adequate strength and free from patent defect;

(b) a table showing the safe working loads of every kind and size of chain, rope or lifting tackle in use, and, in the case of a multiple sling, the safe working load at different angles of the legs, shall be posted in the store in which the chains, ropes or lifting tackle are kept, and in prominent positions on the premises, and no chain, rope or lifting tackle not shown in the table shall be used, so, however, that the foregoing provisions of this paragraph shall not apply in relation to any lifting tackle if the safe working load thereof or in the case of a multiple sling, the safe working load at different angles of the legs is plainly marked upon it;

(c) no chain, rope or lifting tackle shall be used for any load exceeding the safe working load thereof as shown by the table aforesaid or marked upon it as aforesaid;

(d) all chains, ropes and lifting tackle in use shall be thoroughly examined by a competent person at least once in every period of six months or at such greater intervals as the Commissioner may by order prescribe;

(e) no chain, rope or lifting tackle, except a fibre rope or fibre rope sling, shall be taken into use in any factory for the first time in that factory unless it has been tested and thoroughly examined by a competent person and a certificate of such a test and examination specifying the safe working load and signed by the person making the test and examination has been obtained and is kept available for inspection;

(f) every chain and lifting tackle except a rope sling shall, unless of a class or description exempted by certificate of the Chief Factory Inspecting Engineer, upon the ground that it is made of such material or so constructed that it cannot be subjected to heat treatment without risk of damage or that it has been subjected to some form of heat treatment (other than annealing) approved by him, be annealed at least once in every fourteen months, or in the case of chains or slings of half-inch bar or smaller, or chains used in connection with molten metal or molten slag, in every six months, so, however, that chains and lifting tackle not in regular use need be annealed only when necessary;

(g) a register containing such particulars as may be prescribed shall be kept with respect to all such chains, ropes or lifting tackle, except fibre rope slings.

(2) In this section the expression "lifting tackle” means chain slings, rope slings, rings, hooks, shackles, and swivels.

(3) If it is shown to the satisfaction of the Commissioner that it would be unreasonable in the special circumstances of the case to enforce all or any of the provisions of subsection (1) in respect of any class or description of chains, ropes and lifting tackle, he may by order direct that such provisions shall not apply as respects that class or description.

29. Cranes and other lifting machines.

(1) All parts and working gear whether fixed or movable, including the anchoring and fixing appliances, of every lifting machine shall be of good construction, sound material, adequate strength and free from patent defect, and shall be properly maintained.

(2) All such parts and gear as aforesaid shall be thoroughly examined by a competent person at least once in every period of fourteen months and a register shall be kept containing such particulars of every examination as may be prescribed.

(3) All rails on which a travelling crane moves and every track on which the carriage of a transporter or runway moves shall be of proper size and adequate strength and have an even running surface; and any such rails or track shall be properly laid, adequately supported or suspended, and properly maintained.

(4) There shall be plainly marked on every lifting machine the safe working load or loads thereof, except that in the case of a jib crane so constructed that the safe working load may be varied by the raising or lowering of the jib, there shall be attached thereto either an automatic indicator of safe working loads or a table indicating the safe working loads at corresponding inclinations of the jib or corresponding radii of the load.

(5) No lifting machine shall, except for the purpose of a test, be loaded beyond the safe working load as marked or indicated under the last foregoing subsection.

(6) No lifting machine shall be taken into use in any factory for the first time in that factory unless it has been tested and all such parts and working gear of the machine as are specified in subsection (1) of this section have been thoroughly examined by a competent person and a certificate of such a test and examination specifying the safe working load or loads of the machine and signed by the person making the test and examination has been obtained and is kept available for inspection,

(7) If any person is employed or working on or near the wheel-track of an overhead travelling crane in any place where he would be liable to be struck by the crane, effective measures shall be taken by warning the driver of the crane or otherwise to ensure that the crane does not approach within twenty feet of that place.

(8) In this section the expression "lifting machine” means a crane, crab, winch, teagle, pulley block, gin wheel, transporter or runway.

30. Construction and maintenance of floors, passages and stairs.

(1) All floors, steps, stairs, passages and gangways shall be of sound construction and properly maintained.

(2) For every staircase in a building or affording a means of exit from a building, a substantial hand-rail shall be provided and maintained, which, if the staircase has an open side shall be on that side, and, in the case of a staircase having two open sides, or in the case of a staircase which, owing to the nature of the construction thereof or the condition of the surface of the steps or other special circumstances, is specially liable to cause accidents, such a hand-rail shall be provided and maintained on both sides. Any open side of a staircase shall also be guarded by the provision and maintenance of a lower rail or other effective means.

(3) All openings in floors shall be securely fenced, except in so far as the nature of the work renders such fencing impracticable.

(4) All ladders shall be soundly constructed and properly maintained.

31. Safe means of access and safe place of employment.

(1) There shall, so far as is reasonably practicable, be provided and maintained safe means of access to every place at which any person has at any time to work.

(2) Where any person is to work at a place from which he is liable to fall a distance of more than six feet then, unless the place is one which affords secure foothold and, where necessary, secure handhold, means shall be provided, so far as is reasonably practicable, by fencing or otherwise for ensuring his safety.

[S 31(2) subs by s 6 of Law 12 of 1976.]

32. Precautions in places where dangerous fumes are liable to be present or where deficiency of oxygen is liable to occur.

(1) Where work has to be done inside any chamber, tank, vat, pit, pipe, flue or similar confined space, in which dangerous fumes, toxic substances or harmful liquids are liable to be present or a deficiency of oxygen is liable to occur, to such an extent as to involve risk of persons being overcome thereby—

(a) the confined space shall, unless there is other adequate means of egress, be provided with a manhole, which may be rectangular, oval, or circular in shape, and shall be not less than eighteen inches long and sixteen inches wide or (if circular) not less than eighteen inches in diameter, or in the case of tank wagons and other mobile plant not less than sixteen inches long and fourteen inches wide or (if circular) not less than sixteen inches in diameter; and

(b) no person shall enter the confined space for any purpose unless the following requirements are complied with—

(i) all practicable steps shall be taken to remove any fumes, toxic substances or harmful liquids which may be present and to prevent any ingress of fumes and, unless it has been ascertained by a suitable test that the space is free from dangerous fumes, toxic substances or harmful liquids, the person entering shall wear a belt to which there is securely attached a rope of which the free end is held by a person outside; or

(ii) the person entering shall wear a suitable breathing apparatus;

(c) suitable breathing apparatus and a suitable reviving apparatus and suitable belts and ropes shall be provided and maintained so as to be readily accessible and shall be periodically inspected in such manner as may be prescribed; and

(d) a sufficient number of the persons employed shall be trained and practiced in the use of such apparatus and in the method of restoring respiration:

Provided that the Chief Factory Inspecting Engineer may by certificate grant, subject to any conditions specified in the certificate, exemption from compliance with any of the aforesaid requirements in any case where he is satisfied that compliance with those requirements is unnecessary or impracticable.

[S 32(1) subs by s 7(a) of Law 12 of 1976.]

(2) No work shall be permitted in any boiler-furnace or boiler-flue until it has been sufficiently cooled by ventilation or otherwise to make work safe for the persons employed.

(3) The Minister may, by regulations, provide for further precautions to be taken where work has to be done in any place referred to in subsection (1).

[S 32(3) ins by s 7(b) of Law 12 of 1976.]

33. Precautions with respect to explosive or inflammable dust, gas, vapour or substance.

(1) Where, in connection with any grinding, sieving, or other process giving rise to dust, there may escape into any workroom dust of such a character and to such an extent as to be liable to explode on ignition, all practicable steps shall be taken to prevent such an explosion by enclosure of the plant used in the process and by removal or prevention of accumulation of the dust, and by exclusion or effective enclosure of possible sources of ignition.

(2) Where there is present in any plant used in any such process as aforesaid dust of such a character and to such an extent as to be liable to explode on ignition, then, unless the plant is so constructed as to with stand the pressure likely to be produced by any such explosion, all practicable steps shall be taken to restrict the spread and effects of such an explosion, by the provision, in connection with the plant, of chokes, baffles and vents, or other equally effective appliances.

(3) Where any part of a plant contains any explosive or inflammable gas or vapour under pressure greater than atmospheric pressure, that part shall not be opened, except in accordance with the following provisions—

(a) before the fastening of any joint of any pipe connected with the part of the plant or the fastening of the cover of any opening into the part is loosened, any flow of the gas or vapour into the part or into any such pipe shall be effectively stopped by a stop-valve or otherwise;

(b) before any such fastening as aforesaid is removed, all practicable steps shall be taken to reduce the pressure of the gas or vapour in the pipe or part of the plant to atmospheric pressure;

and if any such fastening has been loosened or removed as aforesaid, no explosive or inflammable gas or vapour shall be allowed to enter the pipe or part of the plant until the fastening has been secured, or, as the case may be, securely replaced:

Provided that this subsection shall not apply to plant installed in the open air.

(4) No plant, tank or vessel which contains or has contained any explosive or inflammable substance shall be subjected to any welding, brazing or soldering operation or to any cutting operation which involves the application of heat, until all practicable steps have been taken to remove the substance and any fumes arising therefrom, or to render them non-explosive or non-inflammable; and if any plant, tank, or vessel has been subjected to any such an operation as aforesaid, no explosive or inflammable substance shall be allowed to enter the plant, tank or vessel until the metal has cooled sufficiently to prevent any risk of igniting the substance.

(5) The Chief Factory Inspecting Engineer may by certificate grant, subject to any conditions specified in the certificate, exemption from compliance with any of the requirements of the last two foregoing subsections in any case where he is satisfied that compliance with the requirement is unnecessary or impracticable.

34. Steam boilers.

(1) Every steam boiler, whether separate or one of a range—

(a) shall have attached to it—

(i) a suitable safety valve, separate from any stop-valve, which shall be so adjusted as to prevent the boiler being worked at a pressure greater than the maximum permissible working pressure and shall be fixed directly to or as close as practicable to the boiler;

(ii) a suitable stop-valve connecting the boiler to the steam pipe;

(iii) a correct steam pressure gauge connected to the
steam space and easily visible by the boiler attendant, which shall indicate the pressure of steam in the boiler in pounds per square inch, and have marked upon it in, a distinctive colour the maximum permissible working pressure;

(iv) at least one water gauge of transparent material or other type approved by the Chief Factory Inspecting Engineer to show the water level in the boiler, and, if the gauge is of the glass tubular type and the working pressure in the boiler normally exceeds forty pounds per square inch, the gauge shall be provided with an efficient guard but not so as to obstruct the reading of the gauge;

(v) where it is one of two or more boilers, a plate bearing a distinctive number which shall be easily visible; and

(b) shall be provided with means for attaching a test pressure
gauge; and

(c) unless externally fired, shall be provided with a suitable fusible plug or an efficient low water alarm device:

Provided that sub-paragraph (ii) of paragraph, (a) of this subsection shall not apply with respect to economisers, and sub-paragraphs (iii), (iv), and (v) of paragraph (a), and paragraphs (b) and (c) of this subsection shall not apply with respect to either economisers or superheaters.

(2) For the purposes of the last foregoing subsection, a lever-valve shall not be deemed a suitable safety valve unless the weight is secured on the lever in the correct position.

(3) No person shall enter or be in any steam boiler which is one of a range of two or more steam boilers unless—

(a) all inlets through which steam or hot water might otherwise enter the boiler from any other part of the range are disconnected from that part; or

(b) all valves or taps controlling such entry are closed and securely locked, and, where the boiler has a blow-off pipe in common with one or more other boilers or delivering into a common blow-off vessel or sump, the blow-off valve or tap on each such boiler is so constructed that it can only be opened by a key which cannot be removed until the valve or tap is closed and is the only key in use for that set of blow-off valves or taps.

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