Work conditions changed

Press, 13 April 1982, Page 10

Work conditions changed

Wellington reporter

Significant changes have been made to the conditions of employment for many people with the coming into force oh February 1 of the Factories and Commercial Premises Act. 1981. The act has consolidated and amended details of previous legislation covering the safety, health, and welfare of certain classes of worker.

Much of the responsibility for complying with the legislation falls on the "occupier." This person is defined as "the person occupying that place and includes any agent, manager, foreman, or other person, acting or apparently acting in the general management or control of that place: and where a place is occupied by a body of persons, whether corporate or uncorporate, also includes the working manager."

The act is administered by the Labour Department. Offences against the act by any person include: © Failure to keep required books, registers, and records. © Refusal to allow inspectors to exercise’their powers, or obstructing or delaying them without reasonable cause..

© Prevention of any person appearing before'and being examined by an inspector.

© Non-compliance with obligations and provisions under the act.

© Failure to comply with any requisition.

©An employer may not dismiss or suspend a person who brings an offence to the notice of an inspector (but dismissal for other reasons may be justified). On summary conviction, fines up to $5OOO may be imposed: where death or bodily injury is involved that maximum is $lO,OOO and part of the fine may be allocated to the injured person or the family of the dead person. In addition to. or instead of. a District Court judge may require the defendant to take action to comply with the act and specify a time within which that order is to be obeyed.

People under the age of 15 may not be- employed in a factory and people who are not 16 years old may not be employed between "10 p.m. and 6 a.m.

Women are not to be employed in or about a factory between 6 p.m. and 11 a.m. unless at some time in that period they have' had a continuous rest interval of at least 11 > hours, of which seven consecutive hours must fall between 10 p.m. and 7 a.m.

But an inspector of factories may consent to rhe rest interval starting not later than 11 p.m. An inspector may also consent to employment beyond the hours specified if satisfied that it is necessary to prevent raw materials’from deteriorating (such as fruit, crops).

The restrictions on hours for women are expected to be repealed taler this year when New Zealand will : no longer be bound by 1.L.0. Convention 89.

There is a comprehensive new section on noise. The occupier is required to take ah practicable steps to control noise at its source, or insulate noisy activities or processes. Also. where workers are exposed to noise Mkely to impair their hearing. they must be provided with an individual hearingprotection device of an approved type. Noise includes sound energy of am- frequency, whether, ar not it can be perceived by the unaided human ear.

Previous provisions covering the issue of factory firesafety certificates by" local authorities have been- removed and replaced by a provision requiring occupiers to ensure that doors of rooms, passages and stairways, and the outer entrance, be kept clear while people are actually working on the premises.

The occupier must undertake afl reasonable precautions for the safety and health of workers, and people lawfully on the premises. People employed in or about undertakings must not do anything to endanger themselves or others; they must not interfere with or misuse any appliance, apparatus or equipment provided for

safety, but only use them as circumstances arise.

Where there is an immediate or serious danger to people in the vicinity, an inspector of factories may demand that the occupier forthwith discontinue the process or activity, repair or alter apparatus or equipment, or remove or appropriately store specific goods.

In confined spaces (such as tanks, chambers and pipes) where there are dangers of high or low temperatures, electro-magnetic or ionising radiation, or fumes, special precautions are required for ventilation and escape openings with luminous markings or lights. Alternatively, the worker must be supplied with suitable self-contained breathing apparatus.

Special precautions are required where there are substances liable to explode byexcluding possible sources of ignition and making effective enclosures. Protective clothing and equipment must be provided for workers exposed to risk from flying particles or falling objects, or from, scalding, corrosive, irritant, toxic or explosive substances, or from radiation.

Details on the far-reaching provisions of this new legislation are available from the Employers’ Federation, the Labour Department, or Government bookshops.