Jamaica Factories Act Explained

 

Written by Damalio Powell

The Jamaican Factories Act is an Act that stipulates for the registration and supervision of factories, and for the safety of the workers employed to them. The act was made operational on August 1, 1943. 

The Jamaican Factories Act is often seen as outdated because it was not developed with the Jamaican service sector in mind. The Occupational Safety and Health Bill when passed is expected to replace the Act. 

Governance of Factories

The supervision of all factories, and of all machinery in the Island is implemented by the Chief Factory Inspector and subject to his directions are his Inspectors who are appointed as provided under the Jamaican Factory Act. The Chief Factory Inspector may from time-to-time delegate the use of all his legal powers and responsibilities under this Act to such Inspectors as he sees fit. 

It is legal for the Chief Factory Inspector or any of his inspectors under the act to enter on the premises of any factory or machinery for the purpose of inspection at any reasonable time of the day and night to take samples of the products from the factory or any materials used in it, the owner of the factory, his representatives, and employees should give the Chief Factory Inspector or any Inspector duly appointed, all the important information production of the necessary books and documents or reasonable assistance that the officer may require to carry out his or her responsibilities under the Factory Act.

The Chief Factory Inspector can hold or cause a formal investigation to be held in respect of any accident occurring or case of disease contracted or suspected to have been developed in a factory and its causes and conditions.

Factories Appeal Board

The Factories Appeal Board consist of 5 individuals who are all appointed by the minister who will appoint one of the members to be the chairman of the board. 

The Factories Appeal Board is considered to be fully authorised to carry out the functioning of the Factories Act.

With the approval of the minister, the Factories Appeal Board has the authority to make rules for the transactions of its business and specifically the structure to be followed for the hearing of any appeal by the board and the time and manner in which that appeal may be heard and determined. 

Registration of a Factory in Jamaica

Under the Jamaican factory’s act, every factory is required to be registered. 

A register is kept of all factories on the island by the Chief Factory Inspector.

Before an individual can operate a new factory in Jamaica, he or she must apply by sending an application to the Chief Factory Inspector to have that factory registered as a new factory.

When the application for registration is received by the Chief Factory Inspector that inspector will then cause that factory to be inspected, and within thirty days of the receipt of the application the Chief Factory Inspector will notify the applicant on whether that the application for registration has been granted, subject to the payment of stipulated fees, or that it will not be granted until the applicant has fulfilled the necessary requirements.

Any individual who is unhappy about the refusal of the Chief Factory Inspector to grant an application for registration, or by any condition attached by the inspector to the grant it, may within thirty days of the notice of the refusal appeal to the Factories Appeal Board.

On the hearing of the appeal, the board may give the directions that they believe to be correct to the Chief Factory Inspector to be carried out and order the costs of the appeal to be paid by the applicant or the Chief Factory Inspector.

Certification of registration under the Factory Act is valid for 3 years. After the 3 years has passed another application will need to be made for the renewal of registration.

If the Chief Factory Inspector is dissatisfied with a registered factory under the Factory Act because he or she believes that the organisation is built in a way that endangers or has the potential to cause bodily harm to individuals, he or she can cancel the certificate of registration in respect of that factory.

If an individual is discontented with the cancellation of the certificate of registration, they can in a period of 14 days appeal to the Factories Appeal Board.

When the appeal is heard, the board may give the directions that they believe to be correct to the Chief Factory Inspector to be carried out and order the costs of the appeal to be paid by the applicant or the Chief Factory Inspector.

Regulations 

Regulations are put in place by the minister to achieve the purposes of the act which is to aid in ensuring the safety, health and welfare of persons who are employed in any 'factory or in connection with machinery. 

The regulations require for:

1. The safe means of access to and from, any factory, or machinery.

2. The fencing and covering of all dangerous places or machines.

3. Lifesaving and first aid appliances.

4. ecuring safety in connection with all operations carried on in a factory.

5. Security safety in connection with the use of cranes, winches, pully-blocks and of all engines, machinery, mechanical gear, and contrivances generally whatsoever.

6. Periodic inspection, testing and classification, according to age, type or condition, of boilers.

7. The proper ventilation of any factory.

8. Sanitation including the provision of bathrooms at any factory.

9. The fees to be paid for the registration and renewal of registration of any factory or of any class of factory.

10. The provision and maintenance of appropriate facilities for the welfare of persons employed at any factory.