Factories Act

Section General application of Act Section Except as otherwise expressly provided in this Act, this Act shall apply only to factories as defined by this Act, but shall, except where the contrary intention appears, apply to all those factories.

Section Application to factories belonging to Government Section This Act applies to factories belonging to or in the occupation of the Government and to building operations and works of engineering construction undertaken by or on behalf of the Government.

Section Power to exempt in case of public emergency Section In the case of any public emergency the Minister may, by statutory instrument, to the extent and during the period named in the order, exempt from this Act either factories generally or any class or description of factory.

Section Interpretation of "factory" Section Subject to this section, "factory" means any premises in which or within the close or curtilage or precincts of which, persons are employed in manual labour in any process for or incidental to any of the following purposes— Whether or not they are factories by reason of the definition in subsection (1), "factory" also includes the following premises in which persons are employed in manual labour— the making of any article or of part of any article ; the altering, repairing, ornamenting, finishing, cleaning, washing, or the breaking up or demolition of any article ; or the adapting for sale of any article , any yard or dry dock (including the precincts of the yard or dry dock) in which ships or vessels are constructed, reconstructed, repaired, refitted, finished or broken up; any premises in which the business of washing or filling bottles or containers or packing articles is carried on incidentally to the purposes of any factory; any laundry carried on as ancillary to another business or incidentally to the purposes of any public or private institution; any premises in which the construction, reconstruction or repair of locomotives, vehic...

Section General interpretation Section In this Act, unless the context otherwise requires— (a) “ article ” includes any solid, liquid or gas, or any combination of them; (b) “ authorised person ” means, in relation to the performance of any function or duty under the provisions of this Act, a person who is authorised in writing by the chief inspector to perform that function or duty; (c) “ bodily injury ” includes injury to health; (d) “ building operation ” means the construction, structural alteration, repair or maintenance of a building (including repointing, redecoration and external cleaning of the structure), the demolition of a building, and the preparation for, and laying the foundation of an intended building, but does not include any operation which is a work of engineering construction within the meaning of this Act; (e) “ chief inspector ” means the chief inspector appointed under this Act and any other inspector authorised to act on his or her behalf by the labour commissioner; (f) “ class or description ”, in relation to factories, includes a group of factories described by reference to locality; (g) “ driving belt ” includes any driving strap or rope; (h) “ fume ” in...

Section Register of factories Section The chief inspector shall keep a register of factories, in which he or she shall cause to be entered such particulars in relation to every factory required to be registered under this Act as he or she may consider necessary and desirable.

Section Notice of occupation of factory Section Every person shall, not less than one month before he or she begins to occupy or to use any premises as a factory, serve on the chief inspector a written notice containing the particulars set out in the First Schedule to this Act; except that— a person may begin to occupy or to use any premises as a factory, less than one month after the notice required by this subsection has been served if the chief inspector issues in his or her name the certificate of registration mentioned in subsection (2); and a person may begin to occupy a factory less than one month after the notice has been served, or before serving the notice, if he or she takes over from another person without changing the nature of the work and the notice is served as soon as practicable and in any case within one month of his or her taking over. Upon receipt of a notice served in accordance with subsection (1), the chief inspector shall cause the factory to be registered and shall issue to the occupier a certificate of registration in his or her name in the form set out in the Second Schedule to this Act. Any person who contravenes subsection (1) commits an offence and is...

Section Entries in register of factories Section The chief inspector may vary or delete an entry in the register of factories in relation to any premises when he or she is satisfied that the variation or deletion has become necessary to maintain the accuracy of the record, and may thereupon vary any certificate of registration issued to any person under section 7 (2) in respect of the premises.

Section Notification of use of mechanical power Section Not less than one month before the date upon which mechanical power is first used in any factory, the occupier shall notify in writing to the chief inspector full particulars of that mechanical power.

Section Cleanliness Section Every factory shall be kept in a clean state, and free from effluvia arising from any drain, sanitary convenience or other nuisance, and, without prejudice to the generality of the foregoing provision— all inside walls and partitions, and all ceilings or tops of rooms, and all walls, sides and tops of passages and staircases shall— 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; 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; where they have a smooth impervious surface, at least once in every period of fourteen months be washed with hot water and soap or cleaned by other suitable method; where they are kept painted with oil paint or varnished, be repainted or revarnished at least once in every period of seven years, and at least once in every period of fourteen months be washed with hot water and soap or cleaned by other suitable method; in other cases, be kept whitewashed or colour-washed and the whitewashing or colour-washing shall be repeated a...

Section Overcrowding Section 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 in the factory. Without prejudice to the generality of subsection (1), a factory shall be deemed to be so overcrowded within the meaning of subsection (1) if the number of persons employed at a time in any workroom is such that the number of superficial feet allowed for every person employed is less than forty. Every workroom shall be not less than ten feet in height measured from the floor to the lowest point of the ceiling or where there is no ceiling, to the lowest point of the roofing material. If the chief inspector is satisfied that owing to the special conditions under which the work is carried on in any workroom the application of the provisions of subsections (2) and (3) to that workroom would be inappropriate or unnecessary, he or she may by certificate in writing except the workroom from those provisions subject to any conditions specified in the certificate. Where a room contains a balcony, gallery or mezzanine, the balcony, gallery or mezzanine shall be treated for the purposes of this section as if it were parti...

Section Ventilation Section 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.

Section Lighting Section 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. 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. Subsection (2) shall not affect the whitewashing or shading of windows and skylights for the purpose of mitigating heat or glare.

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

Section Sanitary conveniences Section Sufficient and suitable sanitary conveniences for the persons employed in the factory shall be provided, maintained and kept clean, and effective provisions shall be made for lighting the conveniences and, where persons of both sexes are or are intended to be employed (except in the case of factories where the only persons employed are members of the same family dwelling there), the conveniences shall afford proper separate accommodation for persons of each sex. Where the sanitary conveniences provided conform to the requirements of the Drainage and Sanitation Rules or any rules replacing those rules, the sanitary conveniences shall be deemed to be sufficient and suitable for the purposes of this section.

Section Examination where authorised person not available Section In respect of any periodical examination required by this Act to be carried out by an authorised person , in the event of that examination not having been done within the specified period by reason of the occupier or owner not having been able to arrange for an authorised person to carry out that examination, he or she shall forthwith notify the chief inspector by registered post of the circumstances and shall give particulars of the machinery or plant concerned and of the date of the last examination carried out as required by this Act and by whom it was carried out. After the notification under subsection (1) and until thirty days after the chief inspector has notified the occupier or owner , as the case may be, of an authorised person who has agreed to carry out the examination within the next thirty days, the occupier or owner , as the case may be, shall not be guilty of an offence by reason only of the contravention of the particular provision requiring that examination. Where any occupier or owner has been unable to arrange for an authorised person to carry out any examination required for the issuing of any of...

Section General registers Section There shall be kept available for inspection in every factory a register, in the prescribed form, called the general register , and there shall be entered in or attached to that register— the certificate of registration of the factory; every other certificate issued in respect of the factory by the chief inspector under this Act; the prescribed particulars as to every accident and case of occupational disease occurring in the factory of which notice is required to be sent to a labour officer under any law for the time being in force in Uganda or required to be sent to an inspector under any rules made under section 54 ; all reports and particulars required by any other provisions of this Act to be entered in or attached to the general register ; and such other matters as may be prescribed . The occupier of a factory shall send to an inspector such extracts from the general register as the inspector may from time to time require for the purpose of the execution of his or her duties under this Act. Notwithstanding the provisions of this section, in the case of temporary factories of any class or description where it appears to the Minister that it is...

Section Preservation of registers and records Section The 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 an inspector for at least five years, or such other period as may be prescribed for any class or description of register or record, after the date of the last entry in the register or record.

Section Duties of persons employed Section No person employed in a factory or in any other place to which any provisions of this Act apply shall wilfully interfere with or misuse any means, appliance, convenience or other thing provided in pursuance of this Act for securing the health, safety or welfare of the persons employed in the factory or place, and where any means or appliance for securing health or safety is provided for the use of any such person under this Act, he or she shall use the means or appliance.

Section Persons employed not to cause danger Section No person employed in a factory or in any other place to which any provisions of this Act apply shall wilfully and without reasonable cause do anything likely to endanger himself or herself or others.

Section Prohibition of deductions from wages Section The occupier of a factory shall not, in respect of anything to be done or provided by him or her in pursuance of this Act, make any deduction from the sum he or she has contracted to pay to any person employed, or receive, or allow any person in his or her employment to receive, any payment from any such person.

Section Prime movers Section Every flywheel directly connected to any prime mover and every moving part of any prime mover , except the prime movers mentioned in section 18 , shall be securely fenced, whether the flywheel or prime mover is situated in an engine house or not.

Section Water wheels Section The head and tail race of every water wheel and of every water turbine shall be securely fenced.

Section Electric generators and motors Section Every part of electric generators, motors and rotary converters, and every flywheel directly connected to an electric generator, motor or rotary converter, 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.

Section Transmission machinery Section 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. 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. Every machine intended to be driven by mechanical power shall be provided with an efficient starting and stopping appliance, the control of which shall be in such a position as to be readily and conveniently operated by the person operating the machine. No driving belt when not in use shall be allowed to rest or ride upon a revolving shaft which forms a part of the transmission machinery . 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 creep...

Section Other machinery Section 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. Insofar 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 subsection (1) 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. Any part of a stock bar which projects beyond the headstock 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.

Section Provisions as to unfenced machinery Section In determining, for the purposes of 16 , to 20 , 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— Subsection (1) shall only apply where— the examination, lubrication or other operation referred to in that subsection is carried out by a male person who— no account shall be taken of any person carrying out, while the part of machinery is in motion, an examination of the part or any lubrication or adjustment shown by the 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 in the case of any part of transmission machinery used in any process in any factory with respect to which the chief inspector has declared, by certificate in writing, that he or she is satisfied that, owing to the continuous nature of the process , the stopping of that part would seriously interfere with the carrying on of the process in the factory, no account shall be taken of any person carrying out in the factory, by...

Section Construction and maintenance of fencing Section All fencing or other safeguards provided in sections 16 to 21 , 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 that examination to be immediately necessary, and all the conditions specified in section 21 (2) are complied with.

Section Construction and disposal of new machinery Section In the case of any machine in a factory being a machine intended to be driven by mechanical power— Nothing in this section shall apply to any machine constructed before the passing of this Act, and special rules made under this section shall not apply— every setscrew, 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 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. Any person who sells or lets on hire, or as agent of the seller or hirer causes or procures to be sold or let on hire for use in a factory in Uganda, any machine to be driven by mechanical power which does not comply with the requirements of this section commits an offence and is liable to a fine not exceeding two thousand shillings. It shall be a good defence to any prosecution under subsection (2) against a defendant who is not the manufacturer of the machine in respect of which the prosecution has been...

Section Vessels containing dangerous liquids Section Every 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, and where there may be a risk of accidental immersion of any portion of the body of any person, 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 to prevent any person from falling into the vessel, structure, sump or pit. A warning notice, indicating the nature of the danger, and in a form readily understood by the persons employed, shall be marked on or attached to the vessel, structure, sump or pit or, if this is not reasonably practicable, be posted nearby. For the purposes of this section, the adjoining ground or platform mentioned in subsection (1) shall be taken to be the highest ground or platform, whether contiguous or not, from which a person might fall into the vessel, structure, sump or pit.

Section Self-acting machines Section No traversing part of any self-acting machine and no material carried on it 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 or her 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. All practicable steps shall be taken by instructions to the person in charge of the machine and otherwise 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.

Section Training and supervision of inexperienced workers Section No person shall be employed at any machine or in any process , being a machine or process liable to cause bodily injury , unless he or she has been fully instructed as to the dangers likely to arise in connection with the machine or process and the precautions to be observed, and— has received sufficient training in work at the machine or in the process ; or is under adequate supervision by a person who has a thorough knowledge and experience of the machine or process .

Section Hoists and lifts Section The following additional requirements shall apply to hoists and lifts used for carrying persons, whether together with goods or otherwise— In the case of a hoist or lift not connected with mechanical power— Every hoist or lift shall be of good mechanical construction, sound material and adequate strength, and be properly maintained . Every hoist or lift shall be thoroughly examined at least once in every period of six months, or such longer period as the chief inspector may, by notice in the Gazette , direct, by an authorised person , and a report of the result of every such examination in the prescribed form and containing the prescribed particulars shall be signed by the person making the examination and shall within fourteen days be entered in or attached to the general register. 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. Any gate referred to in subsection (3) shall be fitted with efficient interlocking or other devices to secur...

Section Lifting gear Section In this section— No lifting gear of whatever material shall be used unless it is of good construction, sound and suitable material, adequate strength, and free from patent defect, and is properly maintained . No lifting gear used at any time to lift loads exceeding one hundredweight shall be used unless it has been tested and examined by or on behalf of the manufacturer or by an authorised person and a certificate of that test and examination, specifying the safe working load and signed by or on behalf of the manufacturer or by the authorised person , has been obtained and is kept available for inspection. The provisions of subsection (2) shall not apply to fibre ropes or fibre rope slings. Every lifting gear, except a rope or a rope sling, shall, unless of a class or description exempted by the chief inspector by statutory instrument, be annealed at least once in every fourteen months or, in the case of chains used in connection with molten metal or molten slag, in every six months, so however that lifting gear not in regular use need be annealed only when necessary. No lifting gear shall be loaded beyond its safe working load except by an authorised p...

Section Lifting appliances and lifting machines Section No lifting appliance or lifting machine shall be used unless— In this section— it and every part of it, including all working gear and all plant or gear used for anchoring or fixing the appliance or machine, is of good mechanical construction, sound material, adequate strength and substance, and free from patent defect; it is properly maintained ; and it has been tested and thoroughly examined by or on behalf of the manufacturer or by an authorised person and a certificate of that test and examination specifying the safe working load and signed by or on behalf of the manufacturer or by the authorised person has been obtained and is kept available for inspection. Subsection (1)(c) shall not apply to any lifting appliance used only to lift weights of three hundredweights or less. Every crane, crab and winch shall be provided with a readily accessible and efficient brake or other safety device which will prevent the fall of the load when suspended and by which the load can be effectively controlled while being lowered. Every hand winch shall be fitted with an efficient pawl capable of sustaining the safe working load. Every lifti...

Section Register of lifting gear, etc. Section A register containing the particulars set out in the Third Schedule to this Act shall be kept in the factory with respect to lifting gear, lifting appliances and lifting machines to which sections 28 and 29 apply.

Section Safe means of access and safe place of employment Section All floors, steps, stairs, passages and gangways shall be of sound construction and properly maintained and shall, so far as is reasonably practicable, be kept free from any obstruction and from any substance likely to cause persons to slip. All openings in floors shall be securely fenced, except insofar as the nature of the work renders such fencing impracticable. 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, and every such place shall, so far as is reasonably practicable, be made and kept safe for any person working there. For every staircase in a building or affording a means of exit from a building, a substantial handrail 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, such a handrail shall be provided and maintained on both sides. Any open side of a staircase referred to in subsection (4) shall also be guarded by the provision and maintenance of a lower rail or other effective means. All ladders s...

Section Precautions in places where dangerous fumes are liable to be present Section Where work has to be done inside any chamber, tank, vat, pit, pipe, flue or other confined space, in which dangerous fumes are liable to be present— no person shall enter the confined space for any purpose unless the following requirements are complied with— Without prejudice to subsection (1), a person shall not enter or remain in any chamber, tank, vat, pit, pipe, flue or similar confined space for any purpose unless he or she is— the confined space shall be provided with adequate means of egress; all practicable steps are taken to remove any fumes 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, 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 the person entering wears a suitable breathing apparatus; 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 a sufficient number of the persons employed sha...

Section Precautions with regard to explosive or inflammable dust, gas, vapour or substance Section Where, in connection with any grinding, sieving or other process giving rise to dust, there may escape 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 any dust that may escape in spite of the enclosure, and by exclusion or effective enclosure of possible sources of ignition. Where there is present in any plant used in any process specified in subsection (1) 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 withstand 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. No plant, tank or vessel which contains or has contained any explosive or inflammable substance shall be subjected to any weldin...

Section Steam boilers Section Every steam boiler , whether separate or one of a range— shall have attached to it— shall be provided with— No person shall enter or be in any steam boiler which is one of a range of two or more steam boilers unless— The following provisions shall apply to an examination under subsection (7)— Every steam boiler and all its fittings and attachments shall be of good construction, sound material, adequate strength and free from patent defect, and shall be properly maintained . a suitable safety valve (separate from and incapable of being isolated by 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; a suitable stop valve connecting the boiler to the steam pipe; 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; at least one water gauge, of transparent material...

Section Steam receivers and steam containers Section Every steam receiver, not so constructed and maintained as to withstand with safety the maximum permissible working pressure of the boiler or the maximum pressure which can be obtained in the pipe connecting the receiver with any source of supply, shall be fitted with— In this section— Every steam receiver and all its fittings shall be of good construction, sound material, adequate strength and free from patent defect, and shall be properly maintained . a suitable reducing valve or other suitable automatic appliance to prevent the safe working pressure of the receiver being exceeded; a suitable safety valve so adjusted as to permit the steam to escape as soon as the safe working pressure is exceeded, or a suitable appliance for cutting off automatically the supply of steam as soon as the safe working pressure is exceeded; a steam pressure gauge, which shall correctly indicate the pressure of steam in the receiver in pounds per square inch; a suitable stop valve; and except where only one steam receiver is in use, a plate bearing a distinctive number which shall be easily visible, For the purpose of the provisions of subsection (2...

Section Air receivers Section Every air receiver shall— Every air receiver shall be thoroughly cleaned and examined at least once in every period of twenty-six months or such longer period as the Chief Inspector may, by statutory instrument, direct; except that in the case of a receiver of solid drawn construction— In this section— "air receiver" means— have marked upon it, so as to be plainly visible, the safe working pressure; in the case of a receiver connected with an air compressing plant, either be so constructed as to withstand with safety the maximum pressure which can be obtained in the compressor, or be fitted with a suitable reducing valve or other suitable appliance to prevent the safe working pressure of the receiver being exceeded; be fitted with a suitable safety valve so adjusted as to permit the air to escape as soon as the safe working pressure is exceeded; be fitted with an accurate pressure gauge indicating the pressure in the receiver in pounds per square inch; be fitted with a suitable appliance for draining the receiver; be provided with a suitable manhole, handhold or other means which will allow the interior to be thoroughly cleaned; and in a case where mor...

Section Exceptions as to steam boilers, steam receivers, steam containers and air receivers Section The chief inspector may, by statutory instrument, except from any of the provisions of sections 34 , 35 and 36 any class or type of steam boiler, steam receiver, steam container or air receiver to which he or she is satisfied that the provision cannot reasonably be applied. Any such exception may be unqualified or may be subject to such conditions as may be contained in the instrument.

Section Gas plant Section For the purpose of this section— All gas plants shall be of sound construction and properly maintained . The Minister may make rules specifying the nature of any gas plant that may be used and the type of fittings and pipes that may be used in any or all types of gas plant, and may in such rules make provision for the inspection of gas plants and the prohibition of their use if they do not comply with or contravene any of the provisions of the rules. "gas" means any combustible gas produced for the purpose of heating or lighting; "gas plant" means any plant, apparatus or machine for generating gas, including any container holding compressed, dissolved or liquefied gas under pressure, and connected to a system of pipes intended to distribute the gas to two or more appliances or points and includes all pipes and appliances for storing the gas, or for conveying or regulating the flow of the gas to the places where it will be used, but excludes any such plant, apparatus, machine, pipes or appliances used solely in connection with a single private dwelling house.

Section Prevention of fire Section In every factory there shall be provided and maintained , so as to be readily accessible, means for extinguishing fire, which shall be adequate and suitable having regard to the circumstances of each case. All stocks of highly inflammable substances shall be kept either in a fire-resisting store or in a safe place outside any occupied building. No store referred to in subsection (2) shall be so situated as to endanger the means of escape from the factory or from any part of the factory of persons employed in the factory in the event of a fire occurring in the store.

Section Safety provisions in case of fire Section Every factory shall be provided with adequate means of escape in case of fire for the persons employed in the factory. All means of escape referred to in subsection (1) shall be properly maintained and kept free from obstruction. The contents of any room in which persons are employed shall be so arranged or disposed that there is a free passageway for all persons employed in the room to a means of escape in case of fire. While any person is within a factory for the purpose of employment or meals, the doors of the factory, and of any room in the factory in which the person is, and any doors which afford a means of exit for persons employed in the factory from any building or from any enclosure in which the factory is situated, shall not be locked or fastened in such manner that they cannot be easily and immediately opened from the inside. In the case of any factory constructed or converted for use as a factory after the coming into operation of this section, all doors affording means of exit from the factory for the persons employed in the factory shall, except in the case of sliding doors, be constructed to open outwards. Every wind...

Section Power of inspector to make orders Section If, in the opinion of an inspector , the use of any factory or any part of a factory or of any machinery , plant, appliance or fitting in the factory involves imminent danger of grave bodily injury , he or she may serve on the occupier of the factory an order in writing prohibiting the use of the factory until the danger is removed to the satisfaction of the inspector . Any person aggrieved by an order under subsection (1) may by complaint to a magistrate’s court apply for the order to be set aside or varied and at such application the inspector shall be entitled to be heard and the order shall continue to have effect unless it is set aside or varied by the court. In the event of a failure in relation to any factory to comply with an order lawfully given under subsection (1), the occupier commits an offence and is liable on conviction, without prejudice to any other penalty, to a fine not exceeding two thousand shillings or to imprisonment for a term not exceeding three months or to both; and if the offence is continued after the conviction, the occupier commits a further offence and is liable in respect of that offence to a fine no...

Section Power of court to make orders Section If on complaint by an inspector a magistrate’s court is satisfied either— that any factory or part of a factory is in such condition, or is so placed that any process or work carried on in it cannot be so carried on with due regard to the safety, health and welfare of persons employed; or that any process or work is carried on or anything is or has been done in any factory in such a manner as to cause risk of bodily injury , the court may, as the case may require, by order— prohibit the carrying on of any process or work either indefinitely or until such steps have been taken as may be specified in the order to enable the process or work to be carried on with due regard to the safety, healthy and welfare of persons employed; or require the occupier of the factory to take such steps as may be specified in the order for remedying the danger complained of. An order made by a magistrate’s court under this section prohibiting the carrying on of any process or work may be revoked or varied on the application by way of complaint of the occupier or the owner of the factory; but on any such application an inspector shall be entitled to be heard....

Section Appeal from orders made on complaint Section Any person, including an inspector , aggrieved by an order made by a magistrate’s court on determining a complaint under sections 41 and 42 may within thirty days of the date of the order appeal from it to the High Court. The High Court may, if it thinks that the interests of justice so require, extend the time for appealing under this section notwithstanding that the time for appealing has elapsed. The Chief Justice may make rules governing such appeals prescribing the fees to be paid and the procedure to be followed.

Section Supply of drinking water Section An adequate supply of wholesome drinking water shall be provided and maintained at suitable points conveniently accessible to all persons employed.