Jamaica Factories Act Explained

 

Written by Damalio Powell

The Jamaican Factories Act is a cornerstone of workplace legislation, safeguarding the welfare and rights of employees within Jamaica’s factories.

The Occupational Safety and Health Department (OSHD) within the Ministry of Labour and Social Security is responsible for enforcing the Act, including worker registration and workplace inspections. The Act is currently under review, with a new Occupational Safety and Health (OSH) Bill in development to replace it—designed to modernize the legislation and expand its scope.

The Factories Act of 1943 became operational on August 1, 1943. The purpose of this Act is to protect the health, safety, and welfare of workers in Jamaican factories, and to ensure proper standards are met in workplaces where manual labour or mechanical power is involved.

1. What is a “Factory”? (Section 2)

The law defines a factory as any premises where:

• Mechanical power is used (e.g., electric, steam, water, engines), OR
• Ten or more people are employed in manual labour
  …for activities like making, repairing, packing, finishing, or adapting articles for sale.

This also includes laundries, printing presses, cold storage, milk processing plants, gas storage facilities, dry docks, and even some large vehicle repair garages.

 

2. Chief Factory Inspector & Enforcement (Sections 3–4)

The Chief Factory Inspector (usually appointed by the government) is responsible for:

• Registering and inspecting all factories
• Approving factory designs before construction
• Ensuring health and safety laws are followed
• Investigating accidents and workplace hazards

Inspectors can enter premises at reasonable times and request documents, check machinery, and even conduct medical checks (Section 18).

 

3. Factory Registration (Sections 6–11)

All factories—whether new or already operating—must be registered.
Here's how it works:

Existing factories:

• Must apply for registration with full details (ownership, address, process, number of workers, etc.) – [Section 8]
• Registration is valid for 3 years and must be renewed.

New factories:

• Must submit plans approved by the Chief Factory Inspector before construction – [Section 9]
• Must apply for registration before operating – [Section 10]

If safety conditions are not met, the Chief Inspector can deny or cancel registration (Section 11). All factories must also display their registration certificate and factory regulations on site (Section 16).

 

4. Factory Safety Regulations (Section 12)

The Minister of Labour can issue regulations to improve safety and welfare. These may cover:

• Safe entrances and exits
• First aid and life-saving appliances
• Proper ventilation and sanitation
• Maintenance of boilers, cranes, engines, etc.
• Welfare provisions like restrooms and lunch areas

Failure to comply with these regulations can lead to serious fines up to JMD $500,000 or 6 months imprisonment [Section 22].

 

5. Reporting Accidents and Illnesses (Section 21)

Factory owners must report:

• Any fatality or serious injury
• Accidents causing a worker to miss 2+ days
• Fires, explosions, machinery failures
• Any industrial diseases listed by the Chief Inspector

Failure to report can result in prosecution and fines [Section 21(3)].

 

6. Factories Appeal Board (Section 5)

If your application for registration is denied or you’re penalized unfairly, you can appeal to the Factories Appeal Board, which includes both government and private members. Their decision is binding.

 

7. Other Important Duties (Sections 13–15)

• Unregistered Factories: Operating one is illegal and can cost you up to JMD $100,000 in fines. [Section 13]
• Annual Returns: You must submit updates on ownership, number of workers, and changes in factory operations [Section 14]
• Ceasing Operations: If a factory closes down, the Chief Factory Inspector can remove it from the register [Section 15]

 

8. Application Beyond Factories (Sections 24–26)

This Act also applies to:

• Building operations (if connected to trade)
• Engineering works
• Docks, wharves, cold storage, water pumping facilities

The Chief Inspector can shut down any premises found unsafe under these categories until conditions are corrected [Section 26].

 

9. Updated Penalties (Section 27)

As of 2009, penalties were increased by the Minister to reflect inflation and the seriousness of breaches. Always keep current with regulations to avoid fines.