« السابقةمتابعة »
11. The Council for the Administrative County of London, and elsewhere the sanitary authority, shall have power, if deemed by them necessary for the proper enforcement of the laws relating to the employment of labour or to public health, to make and from time to time amend, bye-laws providing for any of the following objects, viz. : (1) The compulsory registration of all premises in which
persons are employed for hire, otherwise than exclu
sively in domestic service. (2) The inspection of all such premises by any medical officer
of health, sanitary officer, or any inspector either appointed under any Act relating to the employment
of labour, or specially for the purpose. (3) The prevention of over-crowding in premises in which
persons are employed for hire. (4) The provision of proper sanitary arrangements in such
premises. (5) The prevention of excessive hours of labour in occupations
in which the provisions of Part I. of this Act may
not be applicable or effective. (6) The prevention of public injury or inconvenience in con
nection with the employment of labour in or about docks, harbours, rivers, tramways, telephones, establishments for electric lighting or for the supply of
electric or hydraulic power, gasworks and waterworks. Any bye-laws made in pursuance of this section shall be submitted for confirmation to a Secretary of State, and shall, when confirmed by him, be deemed to be incorporated in this Act.
The Council for the administrative county of London, and elsewhere the sanitary authority, shall have power to appoint local inspectors, clerks, and servants for the enforcement of any such bye-laws, and any inspecto r so appointed shall possess the same rights and powers as an". vector under any of the Acts relating to the employment of labour.
The power to make bye-laws, subject to confirmation by the Home Office, Local Government Board, or Board of Trade, is already widely exercised by nearly all local authorities. It affords a means of meeting the diverse necessities imposed by local circumstances, without the objections often felt to undue interference from a central government office. Each locality can, within certain limits, legislate for itself as it pleases.
Hardly any of the preceding clauses will practically affect East London, where the extension of the Factory Acts is most needed. The special circumstances of this and other densely crowded aggregations of small workshops, require special treatment, which it would be inconvenient and unnecessary to apply to the whole kingdom. Hence it is proposed to allow the County Council to make bye-laws and provide its own additional inspectors.
The kind of bye-laws which should be made would be such regulations as are proposed by Ár. Charles Booth (Life and Labour in East London, p. 498-9) for the compulsory gratuitous registration by the owners of all premises where labour is employed for hire, and of all employers; rules against overcrowding and insanitary conditions such as already exist in the usual bye-laws for dwellinghouses, and provisions insuring frequent and systematic visitation of every workshop and place where “home-work” is done. Drastic amendments of the law in these directions are recommended in the Report of the House of Lords'
Committee on the Sweating System (H.L. 62, May, 1890.) See article in the Nineteenth Century, June, 1890, by Miss B. Potter.
In the case of monopolies such as tramways, the conditions imposed by the Glasgow Corporation in leasing their lines might be taken as a guide. They are as follows:
"Only such persons as can satisfy the Magistrates' Committee that they · have a thorough knowledge of the city and of the duties of a car conductor shall
be licensed as such. The working day of conductors and drivers shall not ex“ ceed an average of ten hours. The conductors of cars shall be provided with
proper uniform, consisting of tunic, trousers and cap, and no conductor shall be permitted to be on duty without uniform. A uniform greatcoat shall be provided for the winter months. No conductor, driver, or other officer shall be permitted on a car unless his clothing is in good order and his whole person clean and
tidy. The lessees shall provide proper sanitary conveniences for the drivers " and conductors at places where these are requisite, and as may be agreed on with the corporation.”
The "sanitary authority” which would have, outside London, the power to make such bye-laws, is, in municipal boroughs, the town council, and in rural districts (where the power would hardly be needed), usually a committee of the Board of Guardians. But the power would, in the latter cases, be transferred to the new elective « district council as soon as they are established.
12. shall be the duty of the occupier of any factory or workshop in which any labour whatsoever is employed for hire, to specify in a notice affixed in a prominent position in the workshop or factory the time of beginning and quitting work on each day of the week, the time allowed for meals, and if children or young persons under fifteen are employed, whether they are employed on the system of morning and afternoon sets, or of alternate days.
A copy of every such notice, and of every alteration thereof, shall be sent by post in a registered letter, or delivered by the employer to an inspector within seven days of its publication, and shall be open to inspection at the Home Office by any person at any time. when that office is open for official business.
A factory or workshop in which no such notice is affixed as herein specified, shall be deemed not to be kept in conformity with this Act.
Provided that nothing in this section shall affect the provisions of Section 19 of the Factory and Workshop Act relating to the employment of women or children.
This provision merely extends the requirement of the existing Factory Acts to all workshops. It does little more than afford a means of bringing public opinion effectively to bear on those employers who make their men work excessive hours.
Incidentally, however, it will cause the registration of all workshops, a reform often called for by the inspectors. At present all factories, and all workshops employing women and children, have to be registered, but not workshops employing men only.
13. Notwithstanding anything contained in the Sections 61 and 93 of the Factory and Workshop Act, 1878, such provisions of that Act, and of any Acts amending the same, as relate to the cleanliness, or to the freedom from effluvia, or to the overcrowding, or ventilation of a factory or workshop, or to the sending notice of accidents, shall apply to all workshops other than those specified in clause (a) of Section 61 of the said Act.
At present the sanitary provisions of the Factory Acts do not apply to workshops where only adult men are employed ; and the Factory Inspector is there
fore not able to enforce them. Similar provisions already exist, however, in the Public Health Act, 1875, which applies to all workshops (by sec. 101 of 41 Vic., c. 15); but these are enforceable only by the local sanitary authority, whose duty is often very imperfectly performed. The proposed clause (together with clause 16) practically imposes no new restrictions, būt merely facilitates the enforcement of the existing law.
The exception continued in force, under clause (a) of sec. 61 is that applying to "domestic workshops,” where an occupation is carried on at home by members of the family only. This hardly permits of any other regulation than those applied by the Public Health Acts and the Elementary Education Acts, provided that the premises are duly registered and inspected. (See note to clause 11.)
14. No child under twelve years of age shall be employed for hire, in any capacity or for any period, in any trade or occupation whatsoever, except as provided in section 3 of the Prevention of Cruelty to Children Act, 1889, which shall apply to children under twelve years of age ; and, except as therein provided, any parent causing or permitting his or her child under twelve years of age to be employed for hire, and any person employing such child for hire, shall be guilty of a misdemeanour.
The law at present forbids employment of children under ten in any workshop or factory (41 Vic., c. 16, sec. 20), or in any theatre except by special licence of petty sessions (52 and 53 Vic., cap. 44, sec. 3). Persons under eleven, fourteen, sixteen and eighteen respectively may not work in certain dangerous occupations (see note to clause 15 of this bill); and no child under twelve may work in any mine under ground (49 and 50 Vic., c. 40, sec. 4). The Education Acts forbid, moreover, the employment of any child under ten except under special circumstances (see 43 and 44 Vic., c. 23, sec. 5); and aim at the prohibition of child labour under fourteen, unless the child possesses adequate elementary education.
Nevertheless, so effective are the exceptions that children over ten work as soon as they have been five years at school or have passed an educational standard fixed by the local school board or school attendance committee. In order to provide cheap child labour, this is usually fixed at Standard IV., or even III., which children often pass at nine years old. The only restriction in force is the “halftime" for children under thirteen or fourteen.
Further prohibition of child labour is urgently called for on educational and medical grounds. England has, on this point, lost her lead in labour legislation. Germany and Hungary absolutely forbid it under twelve ; Switzerland forbids it (in factories) under fifteen (Act of 1877); and France under fifteen, unless the child has received sufficient primary education. (Report of Royal Commission on Education, 1888, p. 391).
In Victoria the law (49 Vic., No. 862, sec. 30) is similar to that of France; in New Zealand no child under twelve may be employed in a factory (Act 23 of 1881, sec. 4); in Ontario and Quebec no boy under twelve and no girl under fourteen may work in a factory (47 Vic., c. 39, sec, 1; Quebec Code, sec. 3,026).
In the United States, the employment of children under twelve is prohibited in Pennsylvania (p. 57 of C-5,866) (for textile and paper factories the minimum is thirteen) ; in Indiana (as regards six specified industries); in Kansas ; in Massachusetts " during the days when public schools are in session"; in New Jersey (where the minimum age is even fourteen for girls as regards any work. shop or manufactory); and in Ohio. In nearly all the States further restrictions are imposed unless the child is well educated. Thus in Colorado and Kansas, no boy under_sixteen may work in a mine unless he can read and write; in Maine and New Jersey, no child under fifteen; in Massachusetts, New Hampshire, Pennsylvania, no children under sixteen may be employed unless they have been to school during a certain portion of the preceding year. (First Annual Report of the Federal Commissioner of Labour, 1886.)
Up to the age of twelve, at any rate the future citizen should be protected from toil. The Berlin Labour Conference has now affirmed this principle.
15. No person under sixteen years of age shall be employed for hire in any of the occupations or places specified in the First Schedule to the Factory and Workshop Act, 1878; but nothing in this section shall be deemed to permit the employment in such occupations or places of young persons over sixteen years of age where such employment is now prohibited.
The dangerous or unhealthy occupations specified in the First Schedule, in which young persons under sixteen may now be employed are the following :
Melting or annealing glass.
(No boy under fourteen or girl under eighteen may now be em
ployed.) Making or finishing of bricks or tiles, not being ornamental tiles :
making or finishing of salt.
(No girl under sixteen may now be employed.)
(No child under fourteen may now be employed.)
* fustian cutting, a child under the age of eleven years shall not be
"employed.” If these occupations were found so bad in the effects on young persons as to lead to the imposition of special prohibitions, it is suggested that all young persons under sixteen should be protected from being forced into them.
Precedents already exist for prohibition up to eighteen years of age, for the same schedule forbids the employment of any person under that age in “the “process of silvering of mirrors by the mercurial process, or the process of making white lead.” Moreover, as already stated, no girl under eighteon may be employed in connection with the melting or annealing of glass. When the Colony of Victoria copied this section of the English Act, the ages were raised all round, to fourteen or eighteen (49 Vic., No. 862.)
16. Where it appears to an inspector under this or any other Act or local bye-law relating to the employment of labour, that any act, neglect or default, by any person whatsoever, in or in connection with any place in which any person is employed for hire, is punishable or remediable under the laws relating to public health, it shall be the duty of the inspector himself, without reference to any local authority, to take such action as he may deem fit for the purpose of enforcing the law, and every such inspector shall possess more rights or powers of instituting legal proceedings for this purpose which are or may be possessed by any sanitary authority, sanitary officer, or medical officer of health.
Provided that nothing in this section shall relieve any sanitary authority or officer of such authority from any duty in connection with the law relating to public health.
Under the existing Act (41 Vic., c. 16, sec. 4), when a factory inspector discovers an infringement of the sanitary law, he can only report it to the local sanitary authority, a procedure which always causes delay and frequently results in no action being taken to enforce the law. This clause (coupled with clause 13) will enable the factory inspector himself to proceed against the offending employer.
17. The provisions of section 7 of the Factory and Workshop Act, 1878, shall apply to any vat, pan, or other structure which is so dangerous as to be likely to be a cause of bodily injury to any person employed in the factory or workshop, whether a child or young person or not.
This clause destroys a historical survival. In the earlier Factory Acts the provisions against dangerous machinery, etc., were restricted to such as was
dangerous to women and children. In the existing law this limitation is generally removed, and all dangerous machinery, for instance, must be fenced, whether the danger is to men or to women (41 Vic., c. 16, sec. 5, 6, 8). But sec. 7, which provides for the protection of workers from danger from “a vat, pan, or other structure,” only applies to women or children. If the “vat, pan, or other structure” is also dangerous to men, surely it ought to be made safe.
18. Notwithstanding anything contained in the 17th section of the Factory and Workshop Act Amendment Act of 1883, an inspector shall be required and empowered to inspect all bakehouses in which persons are employed for hire, and shall, concurrently with the officers of the sanitary authority, possess for the purpose of enforcing the provisions of any of the laws relating to public health, the same rights and powers as they at any
possess. Bakehouses already come under the provisions of the Factory Acts, especially as regards sanitation (see secs. 34, 35, 45, 61, 93, and Fourth Schedule, of 41 Vic., c. 16). But by a most unfortunate provision of the amending Act (46 and 47 Vic., c. 53, sec. 17), which gave the local sanitary authority jurisdiction over them, the Factory Inspector was ousted from his power to enforce these sanitary provisions. As a consequence the bakehouses are most imperfectly inspected; and the sanitary laws not well enforced. The clause (compare also clauses 13 and 16) restores the power of the Factory Inspector, concurrently with that of the local sanitary authority.
19. The provisions of the Factory and Workshop Act, 1878, and of this Act shall apply to any laundry in which persons are employed for hire, and in which washing is performed for payment for persons other than those resident in the premises on which it is situated.
Women in laundries are often shamefully overworked, and exposed to insanitary conditions.
20. It shall be the duty of every inspector appointed under any Act relating to the employment of labour to execute and procure the enforcement also of the Truck Act, 1831, the Shop Hours Regulation Act, 1886, and the Prevention of Cruelty to Children Act, 1889; and any rights or powers possessed by such inspectors under any Act, shall be deemed to be possessed and to apply for the purposes of the execution and enforcement of all the aforesaid Acts. Jln? No inspectors exist for the enforcement of the Acts named, and evasions of them are therefore frequent. The Factory Inspector may as well have power to enforce the law wherever he discovers an infringement of it.
21. It is hereby declared that women are eligible to be appointed inspectors, clerks, and servants for the execution of this or any other Act relating to the employment of labour, upon the same terms and subject to the same disqualifications as men.
This clause does not require women to be appointed Factory Inspectors, but only makes it clear that they are eligible, in case it should be deemed well that some should be appointed. The present Home Secretary has expressed a doubt whether he had power under the existing law, to appoint a woman.
G. STANDRING, Printer, 7 & 9, Finsbury Street, E.C.