Factories Act, 1966
- Commenced on 1 May 1967
- [This is the version of this document at 31 December 1996.]
Part I – Preliminary
1. Short titleThis Act may be cited as the Factories Act.
2. Definition of "factory"
4. Application of Act
Part II – Administration
5. Delegation of powers of CommissionerThe Commissioner may delegate to any other public officer in writing and subject to such restrictions, reservations, exceptions and conditions as he may think fit, all or any of the powers conferred upon him by or under this Act.
6. Appointment of inspectors
7. Powers of inspectorsAn inspector shall, for the purposes of this Act, have power—
8. Duty to assist inspectorThe occupier of every factory and his agents and servants shall furnish the means required by an inspector as necessary for an entry, inspection, examination, inquiry, the taking of samples, or otherwise for the exercise of his powers under this Act in relation to that factory.
9. Obstructing inspector
10. Inspectors not to disclose information or source of complaints
Part III – Registration of factories
11. Register of factoriesThe Commissioner shall maintain a register of factories, in which he shall cause to be entered such particulars in relation to every factory as may be prescribed.
12. Registration of existing factories
13. Registration of new factories existing
14. Notification of change in registered particularsThe occupier of any factory registered under this Part shall forthwith notify the Commissioner in writing of any material change in the particulars last notified in relation to that factory under section twelve or thirteen.
15. Drawings of factories
Part IV – Appeals
16. Establishment of Appeals Board
17. Appeals to Board
18. Powers of Board
Part V – Health: General provisions
21. General ventilationEffective and suitable provision shall be made, by natural or artificial means, 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 such fumes, dust and other impurities generated in the course of any process or work carried on in the factory as may be injurious to health.
23. Sanitary conveniencesSufficient 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, the conveniences shall afford proper separate accommodation for each sex.
24. Enforcement of provisions of section 23 by local authorityThe provisions of section twenty-three shall, in such areas of Zambia as the Minister may by order direct, be enforced by such local authority as may be specified in such order.
25. Duty of inspector as to sanitary defects remediable by local authorityWhere an inspector finds any act or default in relation to any drain, sanitary convenience, water supply, nuisance or other matter in a factory which is liable to be dealt with by a local authority by reason of any order made under section twenty-four or under any written law relating to public health, he shall give notice thereof in writing to the local authority.
26. Medical supervision
Part VI – Safety: General provisions
27. Prime movers
28. Transmission machinery
29. Other machinery
30. Provisions as to unfenced machinery
31. Construction and maintenance of fencingAll fencing and 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 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 conditions imposed by or under section thirty are complied with.
32. Construction and supply of machinery
33. Vessels containing dangerous substances
34. Self-acting machines
35. Training and supervision of inexperienced workersNo person shall be employed at any machine or in any process, being a machine or process liable to cause bodily injury, unless he has been fully instructed as to the dangers likely to arise in connection therewith and the precautions to be observed, and-
36. Floors, steps, stairs, passages and gangways
37. Safe means of access and safe place of employment
38. Precautions in places where dangerous fumes are liable to be present
39. Precautions with respect to explosive or inflammable dust, gas, vapour or substance
40. Prevention and fighting of fire
41. Means of escape and warning in case of fire
42. Testing and examination of fire warning
43. Fire drills
44. Regulations for means of escapeThe Minister may make regulations as to the means of escape in case of fire to be provided in factories or any class or description of factory.
45. Regulations for fire prevention
46. Regulations for special safety arrangements for the prevention of accidentsWhere it appears to the Minister that, in view of the number and nature of accidents occurring in any factory or class or description of factory, special provision ought to be made at that factory or at factories of that class or description to secure the safety of persons employed therein, he may make regulations requiring the occupier to make such reasonable provision by arrangements for special supervision in regard to safety, investigation of the circumstances and causes of accidents, and otherwise as may be specified in the regulations.
Part VII – Safety: Lifting machinery
47. Hoists and lifts
48. Hoists and lifts used for carrying persons
49. Teagle openings and similar doorwaysEvery teagle opening or similar doorway used for hoisting or lowering goods, materials, or plant, 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, and such fencing shall be properly maintained and shall, except when the hoisting of goods, materials, or plant is being carried on at the opening or doorway, be kept in position.
50. Hoists and lifts: supplementary provisions and exceptions
51. Chains, ropes and lifting tackle
52. Cranes and other lifting machines
53. Register of chains, ropes and lifting tackle and lifting machinesA register, containing the prescribed particulars, shall be kept in respect of all chains, ropes or lifting tackle (except fibre rope slings) to which section fifty-one applies, and in respect of all lifting machines to which section fifty-two applies.
Part VIII – Safety: Steam boilers, etc.
54. Steam boilers: attachments and construction
55. Steam boilers: maintenance, examination and use
56. Steam boilers: restriction on entryNo person shall enter or be in any steam boiler which is one of a range of two or more steam boilers unless—
57. Steam receivers and steam containers
58. Air receivers
59. Notification before use of steam or air receiversNo steam receiver or air receiver shall be taken into use until an inspector has been notified in writing of the make, type, year of manufacture and safe working pressure of such receiver, and, in the case of a steam receiver or air receiver which has previously been used, the full name and address of the former user.
60. Notification of proposed modifications to pressure partsNo modification to any pressure part of any steam boiler, steam receiver or air receiver not in accordance with instructions from the manufacturer shall be made until an inspector has been notified in writing of the proposed modification.
61. Exceptions as to steam boilers, steam receivers and containers and air receiversThe Commissioner may by certificate except from any of the provisions of this Part any class or type of steam boiler, steam receiver, steam container or air receiver to which he is satisfied that such provision cannot reasonably be applied. Any such exception may be unqualified or may be subject to such conditions as may be contained in the certificate.
62. Interpretation of terms in Part VIIIIn this Part, unless the context otherwise requires—"air receiver" means—(a)any vessel (other than a pipe or coil, or an accessory, fitting or part of a compressor) for containing compressed air and connected with an air compressing plant;(b)any fixed vessel for containing compressed air or compressed exhaust gases and used for the purpose of starting an internal combustion engine;(c)any fixed or portable vessel (not being part of a spraying pistol) used for the purpose of spraying by means of compressed air any paint, varnish, lacquer or similar material, or an insecticide; or(d)any vessel in which oil is stored and from which it is forced by compressed air:Provided that the provisions of paragraph (e) of subsection (1) of section fifty-eight shall not apply to any such vessel as is mentioned in paragraph (c) or (d) of this definition;"maximum permissible working pressure" means, in the case of a new steam boiler, that specified in the certificate referred to in subsection (9) of section fifty-five and, in the case of a steam boiler which has been examined in accordance with the provisions of the said section, that specified in the report of the last examination;"safe working pressure" means—(a)in the case of a new steam receiver, that specified by the maker and, in the case of a steam receiver which has been examined in accordance with the provisions of section fifty-seven, that specified in the report of the last examination; and(b)in the case of a new air receiver, that specified by the maker or that determined by an inspector from the maker's test certificate and dimension sheet for that air receiver and, in the case of an air receiver which has been examined in accordance with the provisions of section fifty-eight, that specified in the report of the last examination;"steam boiler" means any closed vessel in which for any purpose steam is generated under pressure greater than atmospheric pressure, and includes any economiser used to heat water fed to any such vessel, and any superheater used for heating steam"steam container" means any vessel (other than a steam pipe or coil) constructed with a permanent outlet into the atmosphere or into a space where the pressure does not exceed atmospheric pressure, and through which steam is passed at atmospheric pressure or at approximately that pressure for the purpose of heating, boiling, drying, evaporating or other similar purpose;"steam receiver" means any vessel or apparatus (other than a steam boiler, steam container, a steam pipe or coil, or a part of a prime mover) used for containing steam under pressure greater than atmospheric pressure.
Part IX – Welfare: General provisions
63. Drinking water
64. Washing facilities
65. Accommodation for clothing and change rooms
66. Facilities for sitting
68. Welfare regulations
Part X – Heallth, safety and welfare: Special provisions and regulations
69. Removal of and prevention of inhalation of dust or fumes
70. Meals in certain dangerous tradesWhere in any room any poisonous or other injurious substance is so used as to give rise to any dust or fume, no person shall be permitted to partake of food or drink in that room.
71. Protective clothing, appliances and screening
72. Lifting excessive weights
73. Power of inspector to require certificate of fitness for workWhere an inspector is of opinion that the employment of any young person in a factory or in any particular process or kind of work in a factory is prejudicial to the health of such young person or to the health of other persons, he may serve written notice on the occupier of the factory requiring that the employment of such young person in the factory or in the process or kind of work, as the case may be, be discontinued after such period as may be specified therein, not being less than one nor more than seven days after the serving of the notice, and if such occupier continues after the period specified in the notice to employ such young person he shall be guilty of an offence unless, after the service of the notice, such young person has been examined by a medical practitioner and certified by such practitioner to be fit for employment in the factory or in the process or kind of work, as the case may be.
74. Power to make regulations for safety and health
75. Power to take samples
Part XI – Notification and investigation of accidents, dangerous occurrences and industrial diseases
76. Notice of accidents
77. Notification of dangerous occurrencesThe provisions of section seventy-six requiring notice of an accident occurring in a factory to be given to an inspector shall extend and apply to the classes of occurrences specified in the First Schedule whether death or disablement is caused or not.
78. Industrial diseases
Part XII – Special application and extensions
80. Tenement factoriesThe Minister may by regulations allocate to the owners instead of the occupiers of tenement factories the responsibility for the contravention of any provision of this Act which but for this section would lie with such occupiers.
81. Parts of buildings let off as separate factories
82. Building operations and works of engineering construction
84. Power to extend application of provisions of ActThe Minister may be statutory order, subject to such conditions as may be specified in the order, extend the application of all or any of the provisions of this Act to any of the following classes of premises, processes or operations, that is to say:
Part XIII – Miscellaneous
85. Posting of abstract of Act, regulations and noticesThere shall be kept posted in a prominent position in every factory—
86. General register
87. Periodical return of persons employed
88. Preservation of registers and recordsThe general register and every other register or record kept in pursuance of this Act shall be preserved and shall be kept available for inspection by any inspector for at least two years after the date of the last entry in the register or record.
89. Duties of persons employed
90. Prohibition of deductions from wagesSave as otherwise expressly provided in any written law, the occupier of a factory shall not, in respect of anything to be done or provided by him in pursuance of this Act, make any deduction from the sum contracted to be paid by him to any person employed, or receive or allow any person in his employment to receive any payment from any such person.
Part XIV – Offences, penalties and legal proceedings
92. General penalty
93. Penalty on person actually committing an offence for which other person is primarily liable
94. Person primarily liable may exempt himself from liability on conviction of actual offender
95. Proceedings against persons not primarily liableWhere, under this Act, any person is substituted for another with respect to any provisions of this Act, any order, summons, notice or proceeding which for the purpose of any of those provisions is by or under this Act required or authorised to be served on or taken in relation to that other person, is hereby required or authorised, as the case may be, to be served on or taken in relation to the first-mentioned person.
96. Owner of machine liable in certain cases instead of occupierWhere in a factory the owner or hirer of a machine or implement moved by mechanical power is some person other than the occupier of the factory, such owner or hirer shall, so far as respects any offence under this Act committed in relation to a person who is employed in or about or in connection with that machine or implement, and is in the employment or pay of such owner or hirer, be deemed to be the occupier of the factory.
97. Prosecution of offences
98. Special provisions as to evidence
99. Power of court to order cause of contravention to be remediedWhere the occupier or owner of a factory is convicted of an offence under this Act, the court may, in addition to or in lieu of a fine, order him, within such time as may be specified in the order, to take such steps as may be so specified for remedying the matters in respect of which the contravention occurred, and may, on application, enlarge the time so specified, and where such an order is made, the occupier or owner shall not be liable under this Act in respect of the continuation of the contravention during the time allowed by the court, but if, after the expiration of that time as originally specified or enlarged by subsequent order, the order is not complied with, the occupier or owner, as the case may be, shall be liable to a fine not exceeding three hundred penalty units for each day on which the non-compliance continues.[As amended by Act No. 13 of 1994]
100. Service, etc., of documents
101. Power of High Court to modify agreementsIf, by reason of an agreement between the owner and the occupier of premises, the whole or any part of which has been let as a factory, the owner or occupier is prevented from carrying out any structural or other alterations in the premises which are necessary to enable him to comply with the provisions of this Act or or any order or regulations made thereunder, or in order to conform with any standard or requirement imposed by or under this Act, he may apply, in accordance with any rules of court which may be made by the High Court in that behalf, to the High Court, and that Court, after hearing the parties and any witnesses whom it may desire to call, may make such an order setting aside or modifying the terms of the agreement as the Court may consider just and equitable in the circumstances of the case.
102. Power of High Court to apportion expensesWhere, in any premises the whole or part of which has been let as a factory, any structural or other alterations are required in order to comply with the provisions of this Act or any order or regulation made thereunder, or in order to conform with any standard or requirement imposed by or under this Act, and the owner or occupier alleges that the whole or part of the expenses of the alterations ought to be borne by the occupier or owner, as the case may be, such owner or occupier may apply, in accordance with any rules of court which may be made by the High Court in that behalf, to the High Court, and that Court, after hearing the parties and any witnesses whom it may desire to call, may make such an order concerning the expenses or their apportionment as the Court considers just and equitable in the circumstances of the case, regard being had to the terms of any contract between the parties, or in the alternative the Court may, at the request of the owner or occupier, determine the lease.
103. Powers of Chief Inspector of Factories in relation to dangerous or defective factory
Part XV – General
104. PenaltiesAny regulations made under the provisions of this Act may prescribe penalties for the contravention thereof not exceeding the penalties specified in section ninety-two.
105. RegulationsThe Minister may, by statutory instrument, make regulations—
History of this document
31 December 1996 this version
01 May 1967
|Factories (Plant Inspection and Examination Fees) Regulations, 1992||Statutory Instrument 43 of 1992|