ACCIDENTS IN FACTORIES.

Gisborne Times, Volume XXVI, Issue 2124, 25 February 1908, Page 1

ACCIDENTS IN FACTORIES.

INTERESTING PROSEGu Tl OJNS

WHAT ACCIDENTS AHE LIKELY 'TO INCAPACITATE?

At tlw Police Court yesterday two charges of great interest .to fac.toryoivnor.s were Jioard. ACCIDENT IN A SAYViMLLL. The Inspector of .Factories proceeded against Evans, Nienl and Coy for a breach oi tho Factories Act in that an accident which hannonecl in the firm’s sawmill on Decernher 171 h was not reported within 1 18 hours. Mr J. W. Nolan appeared for the Inspector and Mr T. Alston Coleman for respondent. Mr Nolan said that in the present case 'the injured person was incapacitated lor a fortnight. Ernest F. W. Cohns, Inspector oi Factories, said lie had received no notice of an accident from respondents. On February Ist visited respondent’s office us the result of a telegram received 'from the Lead office. Asked -Mr Evans il an accident had occurred to a m m employed in making gas or about the gas plant. Mr Evans said one Donovan had cut the top of his left thumb with a circular saw, as a result of ,which lie was absent for two wet i f s and one day. .lie was awarded compensation by the New Zealand Accident Insurance Co. . Mr Evans admitted that Hie notice of ine accident had not been given,: as ho considered it "of a trivial nature.

By ijlr Coleman : The medical authority required under the Act was at Napier. Did not send a medical man to view Hie scene ol the accident.. Donovan was not inspected by a medical man. 'Thomas J. Donovan, assistant machinist at Messrs Evans, Neild and Co.’s sawmill, said that on December 17th, ho cut the top off his left thumb with a circular saw, and had to cease his regular work for two weeks and a day. Dr. -Millington attended him.—By Mr. Coleman: The accident took place on a Tuesday about 4.45 p.m. On the following Thursday morning attended at respondent’s premises, and offered to resume work. Was not then fit for his usual work, but offered to do any work in the office. It was onl- rlocalise ho feared to hump his injury that lie did not do Iris usual work.— Re-examined: Had a doctor’s certificate that he was incapacitated from doing his work. •Mr. Coleman said that no charge could lie in the present case, because respondent’s mill was not a factory. There was no proof of■ registration. It would 'be vory serious if all persons, whether occupiers of factories or not, coidd be haled before the Court for accidents happening to employees and not rcpoi'Ted to tho Labor Department. In the present case the injured workman had reported himself as ready to resume work within 36 hours. Under the Act it was provided that a medical man should inspect (lie plant where tho accident occurred, and also to inspect tho injured person, and this had not been done in tho present ca.se. Ho submitted that it had not been .proved that tho injury was likely to incapacitate—it would be ridiculous to h rve to report every time a finger was cut or jammed. Mr. Nolan contended that respondent’s mill had always been treated as a factory. It was ridiculous for his friend to contend that an injury was "not likely” to inc ipacitate when it was proved that the worker was incapacitated.

Judgment was reserved. BUTCHER’S HAND CUT. The Inspector also proceeded against the Gisborne Shetpfarmers’ Frozen Meat Company for having failed to report an accident which happened on January 23rd. Mr. J. \V. Nolan appeared for the Inspector, and Mr. 'CT A. do Lautbur for respondents.

E. F. YV. Golms said lie had received notice of the accident on January 28th. Was referred to the foreman butcher, who stated that- lie hid notified tho office immediately. He said the cut,was a bad one, and that the man would not be able to resume work for some days. The injured man had gone home to Auckland. —By Mr. De Lautour: Did not know of any local medical authority under the Act,

Mr. Do Lautour said that the injury was caused at II a.m. oh January 22nd. The injury was not sufficient to make him cease work. His tally for the day was 77/ arid he must have done 40 sheep after the time of the accident. On the.following day he did 56. In these circumstances it could not he held that the injury was ono liable to incapacitate. The company did not want to embarrass the Inspector. They’ would always help the Department to do its work, which they recognised as useful, but they wished a clear statement ns to what was the interpretation of the Act. It was a matter of great importance to all factory-own-ers. The great point at issue was the measure of anticipation. A man might cut his finger on one day, and neglect to report it to the office for many days, and later on ho. mightlose his hand through poisoning. Could the factory-owner in such case be held guilty. He contended that the offence set out on the summons was non-existent —the only charge which could lie was failure to notify the lueDcctor of Factories and the local medical authority. In all clauses of the Act tho medical man was always mentioned before the Inspector of Factories, and the wording showed that the .preliminary investigation was entirely in the hands of the medical man. The Act was not meant 'to harry factory-owners, hut to help them, and the respondents were always ready to observe the provisions of the Act. ,Mr. Nolan contended that the necessary notice was to he served on the Inspector and the medical authority separately. The Act provided for two separate offences —failure to notify tho Inspector and failure to notify tho medical authority.. I his was proved hv the punctuation of the section. ' Whether or not tlioro was a medical authority, the Inspector of Factories had to he notified. As to incapacity, any accident which caused incapacity, must bo held to have caused the injury, whether or not it was at the time considered likely to cause incapacity. Mr. Do .Lautour called Hugh White, works clerk, who stated that the iniury was reported at 11 a.m. on Januarv 22nd. The man s tally for the day was 77 The average was 10 per hour. On the idl'd his tally was 56. —By Mr. Nolan : ‘The tally of 56 was the last. Deported the accident to the office. Judgment- was reserved.