adminregulations issued in terms of the Factories and Works Act and the National Social Security Authority (Accident Prevention and Workers Compensation Scheme). There are also regulations contained in Statutory Instrument 68 of 1990 made under the National Social Security Authority Act (Chapter 17:04) also as revised in 1996.
As mentioned previously in this column, the definition of factory in terms of the Factory and Works Act is quite broad. It excludes premises where less than five people are employed unless they use mechanical power. However, the Pneumoconiosis Act and Statutory Instrument 68 of 1990 are more inclusive and apply to any workplace including the mines and the informal sector.
No premises may be legally used as a factory unless they are registered and the activities carried out there is limited to those specified in the registration certificate.
Statutory Instrument 68 of 1990 further requires that employers register their workers with the Workers’ Compensation Insurance Fund as a back-up to occupational safety and health delivery. If safety fails and a worker is injured or killed, this fund immediately takes over in settling medical bills and compensation.
All factory premises must have their own valid certificate. The certificate lists all the activities incidental to the factory’s operations.
Development plans have to be submitted to the Factories Inspector for approval after filling in the relevant application form and paying the prescribed fees.
Factory plans submitted to the local authority must be passed by the Factory Inspector before construction or alterations take place.
Site plans must show the position of all buildings on the site, their distance from site boundaries and the position of any buildings on abutting stands. Access routes and existing land use of the nearby stands must also be indicated.
Building plans must show clearly the position and dimensions of all doors, windows, other openings and means of ventilation, sanitary and other conveniences, stairs and fire escape routes. Each floor of the building must be shown separately on the plan, as well as the elevation and cross-sections, the floor space of each room, the purpose for which it is to be used and the type of roof.
There must be at least four square metres of free floor space in every work room for each person working there in addition to the space occupied by machinery.
The work room walls have to be at least three metres high. Windows should be positioned in such a way as to allow cross and/or through ventilation.
Cross ventilation is when adjacent walls have openable windows and through ventilation is when opposite walls having openable windows. Generally window area should be 15 percent of floor area half of which is openable.
Roof lights and/or translucent roofing sheets are also encouraged to improve on natural lighting.
Sanitary conveniences have to be provided in the ratio of one toilet for every 15 employees up to 75 employees, with one toilet thereafter for every 25 employees up to 400 and one for every 50 beyond 400.
There must be separate toilets for each sex with separate entrances where five or more people are employed. Washing facilities have to be provided in the same ratio as for sanitary conveniences.
There must be changing rooms for each sex big enough to accommodate a seating area and lockable lockers. Female employees have to be provided with a rest room in addition to the changing room.
Adequately sized dining rooms for employees have to be provided, as well as an area to cook in and store utensils.
Every factory must have fire-fighting equipment. There must be adequate means of escape in the event of fire breaking out. Flammable and volatile substances must be stored and used in a safe way to guard against their causing a fire or ill health.
Once developmental plans are approved, the inspector should be notified of the commencement of works before construction.
Once the factory is complete and the user intends to start operations, an application form to register the factory should be completed by the occupier.
The form should be submitted to the Inspector of Factories together with the prescribed fees.
After receiving the application, the inspector visits the premises to inspect them in order to check that they comply with the provisions of the Factories and Works Act and subsidiary legislation. A registration certificate is then issued. It may be a provisional permit or full registration certificate.
A factory has to meet all the minimum requirements of the Factories and Works Act once registered.
These requirements must be complied with at all times. SI 68 requires the formation of safety and health committees once operations have commenced and employees are in place.
- Talking Social Security is published weekly by the National Social Security Authority as a public service. Readers can e-mail issues they would like dealt with in this column to [email protected] or text them to 0735 041 278. Those with individual queries should contact their local NSSA office or telephone NSSA on (04) 706517-8 or 706523-5.
Certificates are valid for a maximum period of 12 months or part thereof in the calendar year. Registration certificates expire every year on December 31. An application for a new certificate should therefore be lodged with the inspector before the current one expires.
The regulations governing factories are intended to protect employees and their employer and to ensure a satisfactory and safe working environment.
Providing a safe working environment that has plenty of natural light and adequate space, toilet facilities and dining facilities is not only a legal requirement but good for employee morale, which in turn is likely to boost productivity and hence the business owner’s profits.
Readers should note that a factory inspector carries a Government Factory Inspector identity card. This enables the inspector to enter any premises under his/her jurisdiction without prior notice. There is no charge for such inspections. Any fees that are payable are not paid directly to the inspector visiting the premises.
Anyone purporting to be an inspector who is unable to provide a Government Factory Inspector identity card should be treated as an impostor, particularly if he asks for payment and even more so if he attempts to negotiate the payment, since genuine inspectors have no authority to do this.
Talking Social Security is published weekly by the National Social Security Authority as a public service. Readers can e-mail issues they would like dealt with in this column to [email protected] or text them to 0735 041 278. Those with individual queries should contact their local NSSA office or telephone NSSA on (04) 706517-8 or 706523-5.
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