151
Accidents, Medical Treatment and Compensation.
180. Section 5 (1) (i) of the Factories and Workshops Ordinance No. 18 of 1937 empowers the Urban Council to make by-laws in respect of industrial under- takings for the purpose of "prescribing means of preventing accidents in factories and workshops and of relieving persons suffering from the effects of such accidents.'
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181. "Industrial undertaking" by definition includes not only factories and workshops but also mines, quarries, handling of goods at docks, etc., and the transport of passengers or goods by road or rail, etc., but does not include any agricultural operation. It is therefore surprising to find the power to make by-laws concerning the prevention and notification of accidents restricted to factories and workshops to the exclusion of such industrial undertakings as mines.
182. By-laws to which none has been since added were published as a Schedule to the Ordinance. These deal with the fencing of machinery, the cleaning of dangerous machinery, and the notification of accidents.
183. By-law 14 reads:-
(1) Every accident which occurs in a factory or workshop and results in loss of life or disablement of any worker so as to cause him to be absent for more than three days from his ordinary work in such factory or workshop shall within seven days from the date thereof be reported in the form in Appendix III to these by-laws, either at the office of the Protector or at a police station.
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(2) If any accident causing disablement is notified under this by-law and the person disabled subsequently dies as a result of the accident, notice in writing of the death shall forthwith be given either at the office of the Protector or at a police station."
184. Neither in the by-law nor in the form is there any indication of who is required to make the report. At the end of the form is the line
Signature of person making the report. Presumably the occupier or manager of the factory is intended, but no duty or liability is put upon him. The cause of the accident is on notification investigated by the Factories Inspector with a view to ascertaining whether the regulations have been complied with and whether further precautions to obviate such accidents are indicated.
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185. What is meant by by-laws for the purpose of relieving persons suffer- ing from the effects of such accidents" is not known: no such by-laws exist. It is understood that it does not mean the passing of by-laws for workmen's compensation.
185. A list of the accidents which occurred in factories, mines, etc., in 1938. follows:
Industries.
Brewery
Canning Factories
Machinery.
1
1
Accidents due to
Falls.
Falling
Objects.
Burns and
Scalds.
Miscellaneous.
Total
number of accidents.
Fatalities.
Chemical Factories
1
Carried forward
1
1
1
4
2
1