Employment Medical Advisory Service Act 1972

Section 1.

SCHEDULE 1Provisions of the [1961 c. 34.] Factories Act 1961 applying to give Employment Medical Advisers Certain Powers of Inspectors

PART IProvisions Applying in Sections 146 and 147

146(1)An inspector shall, for the purpose of the execution of this Act, have power to do all or any of the following things, that is to say:—

(a)to enter, inspect and examine at all reasonable times, by day and night, a factory, and every part thereof, when he has reasonable cause to believe that any person is employed therein, and to enter by day any place which he has reasonable cause to believe to be a factory;

(c)to require the production of the registers, certificates, notices and documents kept in pursuance of this Act, and to inspect, examine, and copy any of them;

(e)to require any person whom he finds in a factory to give such information as it is in his power to give as to who is the occupier of the factory.

(2)The occupier of every factory, his agents and servants, shall furnish the means required by an inspector as necessary for an entry, inspection, examination, or otherwise for the exercise of his powers under this Act in relation to that factory.

(3)If any person wilfully delays an inspector in the exercise of any power under this section, or fails to comply with the requisition of an inspector in pursuance of this section or to produce any register, certificate, notice or document which he is required by or in pursuance of this Act to produce, or wilfully withholds any information as to who is the occupier of any factory, that person shall be deemed to obstruct an inspector in the execution of his duties under this Act.

(4)Where an inspector is obstructed in the execution of his powers or duties under this Act, the person obstructing him shall be guilty of an offence; and where an inspector is so obstructed in a factory, the occupier of that factory, shall be guilty of an offence.

147The powers of an inspector under section 146 of this Act shall include the power to enter, inspect and examine at all reasonable times any warehouse and every part thereof—

(a)by day or night, when he has reasonable cause to believe that any young person is employed in or in connection with the warehouse in such circumstances that section 116 of this Act applies to him;

(b)by day, when he has reasonable cause to believe that any young person has within the preceding two months been employed as aforesaid, but not that any young person is so employed;

and for the purposes of the powers conferred by this section a warehouse shall be deemed to be included in the expression " factory " in paragraph (e) of subsection (1) of the said section 146 and in subsections (2), (3) and (4) thereof.

PART IIOther Provisions extending Section 146 beyond Factories

Provision appliedRelevant place or process
Section 123(1) and (2)Electrical stations.
Section 124(1)Charitable or reformatory institutions where manual labour is exercised in processes of manufacture etc.
Section 125(1), (2) and (3).Docks, wharves and quays, and warehouses where mechanical power is used; loading, unloading or coaling ships in docks, harbours and canals.
Section 126(1) and (2)Constructing, reconstructing, repairing etc. ships in harbours and wet docks.
Section 127(1) and (2)Building operations and works of engineering construction.
Section 128Processes connected with lead manufacture or involving use of lead compounds.
Section 129(2) and (3)Painting buildings.