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Neil B  
#1 Posted : 05 December 2012 11:43:28(UTC)
Rank: Forum user
Neil B

Is the Factories Act 1961 still valid or has it been superseded by the Health & Safety Act 1974. My understanding is that some parts of the Act remain valid but I am unsure what specific sections.

Can anyone advise me please as to what is still applicable?

We have three offices, a workshop and a number of personnel working remotely in various locations on and offshore. Amongst other certifications, we are certified by the BSI to OHSAS 18001:2007 and also FPAL and Achilles.
Our workshop is only used for assembling pre fabricated items and storage and our remote technicians work under clients H&S systems.

Thanks
Neil
A Kurdziel  
#2 Posted : 05 December 2012 11:53:39(UTC)
Rank: Super forum user
A Kurdziel

Yes as you say parts of it are still in force- see http://www.legislation.g.../Eliz2/9-10/34/section/1 which should tell you what bits are still relevant and what has been repealed.
I don't think much is left.
NickH  
#3 Posted : 05 December 2012 11:58:45(UTC)
Rank: Super forum user
NickH

Most sections have been repealed/ superceeded by the following:

Workplace (Health, Safety and Welfare) Regs
Provision and Use of Work Equipment Regulations (PUWER)
Lifting Operations and Lifting Equipment Regulations (LOLER)
Dangerous Substances and Explosive Atmospheres Regulations (DSEAR)
and Reporting of Injuries Diseases and Dangerous Occurrences Regulations (RIDDOR), plus a few others.

Off the top of my head, I believe that sections 10, 11, 24 and 39 are still technically applicable though. Maybe a few more.
A Kurdziel  
#4 Posted : 05 December 2012 12:01:12(UTC)
Rank: Super forum user
A Kurdziel

Looking back at the link I sent and remembering something from a course a few years ago the Factories Act still applies because it deals with the management of Factories (not just employees in factories). By contrast current H&S law such as Health and Safety at Work Act 1974 describes the duties of employers to employees and others. I suppose that there might be a situation where someone is in a factory but they are not an employee under the terms of Health and Safety at Work Act 1974 but are still covered under the Factories Act.
It sounds a bit theoretical to me.
redken  
#5 Posted : 05 December 2012 12:39:30(UTC)
Rank: Super forum user
redken

A Kurdziel wrote:
Looking back at the link I sent and remembering something from a course a few years ago the Factories Act still applies because it deals with the management of Factories (It sounds a bit theoretical to me.

an example:
Gas Safety (Installation and Use) Regulations 1998

Save for regulations 37, 38 and 41 and subject to regulation 3(8), these Regulations shall not apply in relation to the supply of gas to, or anything done in respect of a gas fitting at, the following premises, that is to say -
(a) a mine or quarry within the meaning of the Mines and Quarries Act 1954(a) or any place deemed to form part of a mine or quarry for the purposes of that Act;
(b) a factory within the meaning of the Factories Act 1961(b); or any place to which any provisions of the said Act apply by virtue of sections 123 to 126 of that Act;
Neil B  
#6 Posted : 06 December 2012 08:57:05(UTC)
Rank: Forum user
Neil B

Thanks for the responses, gives me a direction to look in.
NeilB
Graham Bullough  
#7 Posted : 06 December 2012 11:07:37(UTC)
Rank: Super forum user
Graham Bullough

Though I knew that most of the Act had been repealed, especially during the 1990s, I wasn't sure myself what bits, if any, remained in force.

In the opinion of some people including myself, some sections of the Act were notably well-written. This is not surprising considering that successive versions of the Act up to 1961 had been amended and refined over many years. One good example of a well-written section is Section 63. Removal of dust and fumes: In some ways it neatly encapsulates the aims of the COSHH Regulations which succeeded it. It could be argued that it went further than COSHH because, in addition to "dust or fume or other impurity...likely to be injurious..." it applied to substances likely to be "offensive" and also to "any substantial quantity of dust of any kind.."
jay  
#8 Posted : 06 December 2012 12:29:44(UTC)
Rank: Super forum user
jay

I doubt that the Factories Act 1961 was more effective than COSHH.

The COSHH Regulations apply to :-

Any substance which is listed in Table 3.2 of part 3 of Annex VI of the CLP Regulation and for which an indication of danger specified for the substance is very toxic, toxic, harmful, corrosive or irritant.
Any preparation (mixture) that is dangerous for supply, as above.

Any substance which has a Workplace Exposure Limit (WEL).

Any biological agents used at work.

Any dust other than one with a WEL at a concentration in air above 10 mg/m3 averaged over 8 hours, or any such respirable dust above 4 mg/m3 over 8 hours.

Any other substance that creates a risk to health because of its properties and the way it is used or is present in the workplace

peter gotch  
#9 Posted : 06 December 2012 13:00:45(UTC)
Rank: Super forum user
peter gotch

The most important remaining Section of the Act is probably S39 which sets requirements for water-sealed gasholders (though these have been getting demolished on a progressive basis) supported by the Gasholders (Record of Examinations) Order 1938.
Graham Bullough  
#10 Posted : 06 December 2012 13:23:21(UTC)
Rank: Super forum user
Graham Bullough

Jay

To avoid any misunderstanding I didn't suggest that Section 63 of the Factories Act was more effective (whatever that means) than COSHH. One of my comments was that IN SOME WAYS it neatly encapsulated the aims of COSHH. However, along with all or nearly all the other parts of the Act, it was only intended to protect people employed in factories. Thus, it seems that a dust extraction system installed in compliance with the Act to protect employees in a factory could legally discharge a hazardous substance outside the factory and harm non-employees such as neighbours. According to various sources this was the case with asbestos dust emitted by one or more vents at the notorious former Acre Mill asbestos factory above Hebden Bridge in Yorkshire. Sufficient quantities of dust were emitted and landed in the playground of a nearby school that pupils could make "snowballs" from it. Also, it became sadly evident that little heed was given by Cape Asbestos and factory inspectors to protecting the employees as required by both Section 63 and the asbestos regulations of 1931.

The need to protect non-employees from harm posed by work activities and premises generally was highlighted among other matters by the Robens Committee and rightly incorporated in the Health and Safety at Work Etc Act 1974.
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