Page 279 - DCOM404_CORPORATE_LEGAL_FRAMEWORK

Corporate Legal Framework

(A) Fencing of Machinery: Section 21 (1) requires that in every factory, the following must be
securely fenced by safe guards of substantial construction while the machinery is in motion
or use:
(i) every moving part of a prime mover and fly wheel connected to prime mover,
whether the prime mover or fly-wheel is in the engine house or not;

(ii) the headrace and tailrace of every water-wheel and water turbine;
(iii) any part of stock-bar which projects beyond the head stock of a lathe; and
(iv) unless they are in such position or of such construction as to be safe to every person
employed in the factory as they would be if they were securely fenced, the following,
namely,
(a) Every part of electric generator, a motor or rotary converter;
(b) Every part of transmission machinery; and

(c) Every dangerous part of any other machinery.
shall be securely fenced by safeguards of substantial construction, which shall be
consistently maintained and kept in position while the parts of machinery they are
fencing are in motion or in use.
(B) Work on or Near Machinery in Motion: Section 22 (I) requires that, where in the factory it
is essential to examine any part of the machinery (referred to in Section 21) while it is in
motion or as a result of such examination, it is necessary to carry out:
(a) lubrication or other adjusting operation; or
(b) any mounting or shipping of belts or lubrication or other adjusting operation.

Such examination or operation shall be made or carried out only by a specially trained
adult male worker wearing tight-fitting clothing (which shall be supplied by the occupier)
whose name has been recorded in the register prescribed in this behalf and who has been
furnished with a certificate of his appointment, and while he is so engaged:
(a) Such worker shall not handle a belt at a moving pulley unless:
(i) the belt is not more than fifteen centimeters in width;

(ii) the pulley is normally for the purpose of drive and not merely a flywheel or
balance wheel (in which case a belt is not permissible);
(iii) the belt joint is either laced or flush with the belt;

(iv) the belt, including the joint and the pulley rim, are in good repair;
(v) there is reasonable clearance between the pulley and any fixed plant or
structure;
(vi) secure foothold and, where necessary, secure handhold, are provided for the
operator; and
(vii) any ladder in use for carrying out any examination to operation aforesaid is
securely fixed or lashed or is firmly held by a second person.
(b) Without prejudice to any other provision of this Act relating to the fencing of
machinery, every set screw, bolt and key on any revolving shaft, spindle, wheel, or
pinion, and all spur, worm and other toothed or friction gearing in motion with
which such worker would otherwise be liable to come into contact, shall be securely
fenced to prevent such contact.

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