Professional Documents
Culture Documents
renewal. [As inserted by Factories, Offices and Shops (Amendment) Law, 1983 (PNDCL
66) s. 1(e)].
Section 5-Offences
Any person who contravenes any provision of section 2(1), 3(1) or 4(1) shall be guilty of
an offence and liable on conviction to a fine not exceeding two hundred thousand cedis.
[As amended by the Factories, Offices and Shops (Amendment) Law, 1991 (PNDCL
275) s.1(a)].
(2) Where an accident causing disablement is notified under this section, and after
notification results in the death of the person disabled, the occupier shall, as soon as the
death comes to his notice, send written notice of the death to the Chief Inspector or the
Inspector for the district.
(3) Where any accident to which this section applies occurs to a person employed to work
in any factory, office or shop and the occupier of the premises is not the actual employer
of the person killed or injured, the actual employer shall, if he fails to report the accident
to the occupier immediately, be guilty of an offence and liable on conviction to a fine not
exceeding one hundred thousand cedis. [As amended by the Factories, Offices and Shops
(Amendment) Law, 1991 (PNDCL 275), s.1(b)].
Section 13-Cleanliness
(1) Every factory, office and shop and all furniture, furnishing and fittings therein shall be
kept in a clean state.
(2) Accumulations of dirt and refuse shall be removed daily from the floors and benches
of workrooms, and from staircases and passages.
(3) The floor of every office, shop and workroom shall be cleaned at least once a week by
washing, sweeping or some other suitable and effective method.
(4) In every factory, all inside walls and partitions, and all ceilings or tops of rooms, and
all walls, sides and tops of passages and staircases shall
(a) where they have a smooth impervious surface, be washed with hot water and soap or
otherwise suitably cleaned at least once in every twelve months;
(b) where they are varnished or painted with oil paint, be revarnished or repainted at least
once in every five years, and at least once in every twelve months be washed with hot
water and soap or otherwise suitably cleaned; and
(c) in other cases, be whitewashed or colour-washed at least once in every twelve months.
(5) Where the Chief Inspector is satisfied that any provision of this section is
inappropriate in relation to any premises, he may by certificate in writing exempt those
premises from such provision.
Section 14-Overcrowding
(1) No room comprised in or constituting a factory, office or shop shall, while work is
carried on therein, be so overcrowded as to cause risk of injury to the health of persons
working therein; and in determining whether any such room is overcrowded or not,
account shall be taken not only of the number of persons who may be expected to be
working in the room at any time but also of the space in the room occupied by furniture,
furnishings, fittings, machinery, plant, equipment and appliances.
(2) The floor area (in square feet) or capacity (in cubic feet) for each person habitually
employed to work in any room to which this section applies shall not be less than 40
square feet or 400 cubic feet respectively.
(3) Every workroom shall be not less than nine feet in height, measured from the floor to
the lowest point of the ceiling or, where there is no ceiling to the lowest point of the
roofing material.
(4) Where the Chief Inspector is satisfied that the special conditions under which work is
carried on in any workroom render the application of subsection (2) or (3) inappropriate
or unnecessary, he may by certificate in writing exempt the workroom from those
provisions subject to any conditions specified in the certificate.
(5) In calculating for the purposes of this section the cubic space in any room, no space
more than fourteen feet from the floor shall be taken into account.
Section 15-Ventilation
Effective and suitable provision shall be made in all factories, offices and shops to secure
and maintain by the circulation of fresh air in each workroom the adequate ventilation of
the room
Section 17-Lighting
(1) Effective provision shall be made to secure and maintain sufficient and suitable
lighting, whether natural or artificial, in every part of any factory, office or shop in which
persons are working or passing.
(2) All apparatus installed for producing artificial lighting where lighting is required by
this section shall be properly maintained.
(3) All glazed windows and skylights used for the lighting of any part of a factory, office
or shop shall, so far as practicable, be kept clean on both the inner and outer surfaces and
free from obstruction; but this subsection shall not affect the whitewashing or shading of
windows or skylights to mitigate heat or glare.
and effective provision shall be made for their lighting and ventilation.
(2) Where persons of both sexes are employed (except where the only persons employed
are members of the same family, or where less than five persons are employed), separate
conveniences shall be provided for males and females.
(3) The Minister may by executive instrument direct that the provisions of this section
shall, in any area, be enforced by the local authority.
(4) Where an Inspector finds any act or default in relation to any drain, sanitary
convenience or water supply, or any nuisance or other matter in any premises to which
this Act applies, which appears to him to be the concern of the local authority under this
section or under any other enactment, he shall give notice thereof in writing to the local
authority.
footrest on which he can readily and comfortably support his feet if he cannot do so
without one;
(b) the arrangements shall be such that the seat is adequately and properly supported
while in use for the purpose for which it is provided.
Noise and vibrations likely to affect the health of persons employed in any factory, office
or shop shall be reduced as far as possible by appropriate and practicable measures.
No person shall be employed at any machine or in any process liable to cause bodily
injury, unless
(a) he has been fully instructed as to the dangers likely to arise in connection therewith
and the precautions to be observed; and
(b) he has received sufficient training in work at the machine or in the process, or is under
adequate supervision by a person who has a thorough knowledge and experience of the
machine or process.
(3) No driving belt when not in use shall be allowed to rest or ride upon a revolving shaft
which forms part of the transmission machinery.
(4) Suitable striking gear or other efficient mechanical appliances shall be provided and
maintained and used to move driving belts to and from fast and loose pulleys which form
part of the transmission machinery, and any such gear or appliances shall be so
constructed, placed and maintained as to prevent the driving belt from creeping back on
to the fast pulley.
(5) The Chief Inspector may by certificate in writing grant, subject to any conditions
specified in the certificate, exemption from compliance with any requirements of this
section in any case where he is satisfied that compliance with the requirement is
unnecessary or impracticable.
even running surface, and any such rails or track shall be properly laid, adequately
supported or suspended, and properly maintained.
(3) There shall be plainly marked on every lifting machine the safe working load or loads
thereof, except that in the case of a jib crane so constructed that the safe working load
may be varied by the raising or lowering of the jib, there shall be attached thereto either
an automatic indicator of safe working loads or a table indicating the safe working loads
at corresponding inclinations of the jib or corresponding radii of the load.
(4) No lifting machine shall, except for the purpose of a test, be loaded beyond the safe
working load as marked or indicated under subsection (3).
(5) If any person is employed or working on or near the wheel track of an overhead
travelling crane in any place where he would be liable to be struck by the crane, effective
measures shall be taken to ensure that the crane does not approach within twenty feet of
that place.
(6) If any person is employed or working otherwise than as mentioned in subsection (5)
but in a place above floor level where he would be liable to be struck by an overhead
travelling crane, or by any load carried by such a crane, effective measures shall be taken
to warn him of the approach of the crane, unless his work is so connected with or
dependent on the movements of the crane as to make a warning unnecessary.
(7) A lifting machine shall not be operated except by a person trained and competent to
operate that machine, except that it shall be permissible for such machine to be operated
by a person who is under the direct supervision of a qualified person for the purpose of
training; and no person under the age of eighteen shall be employed to operate any lifting
machine driven by mechanical power or to give signals to its operator.
(1) Where, in connection with any process giving rise to dust, gas, or vapour, there may
escape into any workroom dust, gas or vapour of such a character and to such an extent as
to be liable to explode on ignition, all practicable steps shall be taken to prevent such an
explosion by the enclosure of the plant used in the process, and by removal or prevention
of accumulation of the dust, gas or vapour, and by exclusion or effective enclosure of
possible sources of ignition.
(2) Where there is present in any plant used in any such process dust, gas or vapour of
such a character and to such an extent as to be liable to explode on ignition, all
practicable steps shall be taken to restrict the spread and effects of such an explosion by
the provision, in connection with the plant, of chokes, baffles and vents or other equally
effective appliances, unless the plant is so constructed as to withstand the pressure likely
to be produced by any such explosion.
(3) No plant, tank or vessel which contains or has contained any explosive or
inflammable substance shall be subjected to any welding, brazing or soldering operation
or to any cutting or other operation which involves the application of heat, until all
practicable steps have been taken to remove the substance and any fumes arising from it
or to render them non-explosive or non-inflammable; and if any plant, tank or vessel has
been subjected to any such operation, no explosive or inflammable substance shall be
allowed to enter the plant, tank or vessel until the metal has cooled sufficiently to prevent
any risk of igniting the substance.
(4) The Chief Inspector may by certificate in writing, subject to any conditions specified
in the certificate, grant exemption from compliance with any of the requirements of
subsection (3) in any case where he is satisfied that compliance with the requirement is
unnecessary or impracticable.
measures to be observed in relation to steam boilers, receivers and containers and air
containers;
(p) prescribing the conditions under which steam boilers and steam receivers, whether
new or previously used, may be taken into use;
(q) prohibiting the employment of, or modifying or limiting the hours of employment of,
all persons or any class of persons in connection with any manufacture, machinery, plant,
equipment, appliance, process or description of manual labour which in his opinion is of
such a nature as to cause risk of bodily injury or to be offensive to any persons employed
in a factory, office or shop;
(r) prohibiting, limiting or controlling the use of any material or process in any factory,
office or shop, in the interest of the welfare or persons employed therein, or where in his
opinion the use of such material or process may cause risk of bodily injury or be
offensive to any persons employed therein;
(s) modifying or extending with respect to any class of factory, office or shop any
provision of this Act imposing safety requirements, where he is satisfied that such
modification or extension is necessary to prevent risk of bodily injury to persons
employed therein:
(t) otherwise for carrying out the principles and purposes of this Part.
(2) Regulations made under this section may impose duties on owners, employed persons
and other persons, as well as on occupiers.
(a) prohibit the use of that part of the ways, works, machinery or plant or, if it is capable
of repair or alteration, prohibit its use until duly repaired or altered; or
(b) require the occupier of the premises to take such steps as may be specified in the
order to remedy the danger complained of; or
(c) prohibit the use of the premises or part thereof, or its use for the particular process or
work, until such works as may be specified in the order have been executed to remedy the
danger.
(3) Where a complaint is or has been made under this section, the court may, on
application ex parte by the Inspector, and on receiving evidence that the use of any such
part of the ways, works machinery or plant, or, as the case may be, the using of the
premises or carrying on of any process or work or the doing of anything in such a manner
as aforesaid, involves imminent risk of serious bodily injury or injury to health, make an
interim order prohibiting either absolutely or subject to conditions the use, carrying on or
doing thereof until the earliest opportunity to hear and determine the complaint.
(4) Where any order of the court made under this section is contravened, the occupier of
the premises shall be guilty of an offence and liable on conviction to a fine not exceeding
two hundred thousand cedis or to imprisonment not exceeding three months, or to both.
[As amended by the Factories, Offices and Shop (Amendment) Law, 1991 (PNDCL 275),
s.1(d)].
hundred thousand cedis or to imprisonment not exceeding nine months, or to both. [As
amended by the Factories, Offices and Shop (Amendment) Law, 1991 (PNDCL 275),
s.1(e)].
Provided that sections 50 and 52 shall not apply in relation to any such machinery or
plant which is on board a ship and is the property of the shipowner.
(3) For the purposes of this section, "plant" includes any gangway or ladder used by any
person employed to load, unload or coal a ship.
works in progress.
(7) The application of this Act to any building operations or works of engineering
construction by virtue of this section shall not be excluded by reason of the fact that they
are undertaken on premises to which this Act otherwise applies; and nothing in this
section shall be taken as prejudicing the application of this Act to those premises apart
from this section.
(8) The Minister may in respect of building operations and works of engineering
construction by legislative instrument make regulations
(a) adapting or modifying any of the provisions of this Act in their application to building
operations and works of engineering construction;
(b) prescribing standards for scaffolding;
(c) regulating the control of lifting machinery and tackle, the timbering of excavations,
and site supervision;
(d) making special provision for the health and welfare of workers engaged on
construction sites; and
(e) imposing duties on any person for any of the above purposes.
Section 59-Institutions
Where, in any premises forming part of an institution carried on for charitable or
reformatory purposes, any manual labour is exercised in or incidental to the making,
altering, repairing, ornamenting, finishing, filling, packing, printing, bookbinding,
cleaning, washing or adapting for sale of articles not intended for the use of the
institution, but the premises do not constitute a factory, the provisions of this Act other
than sections 1 to 5 shall nevertheless apply to the premises as if they were a factory.
worker or other person shall be guilty of an offence and liable to the same punishment as
if he were the occupier or owner, as the case may be.
(2) Where an occupier or owner is charged with an offence under this Act, it shall be a
defence for him to prove to the satisfaction of the court
(a) that he used all due diligence to enforce the execution of this Act and of any relevant
regulation made thereunder; and
(b) that another person has committed the offence in question without his consent,
connivance or wilful default.
(3) Where an occupier or owner is acquitted in pursuance of subsection (2), the court may
direct that proceedings be taken against the person who appears to be the actual offender.
(4) When it is made to appear to the satisfaction of an Inspector at the time of discovering
an offence
(a) that the occupier or owner, as the case may be, has used all due diligence to enforce
the execution of this Act and of any relevant regulation made thereunder; and
(b) by what person the offence has been committed; and
(c) that it has been committed without the consent, connivance or wilful default of the
occupier or owner and in contravention of his orders,
the Inspector shall proceed against the person whom he believes to be the actual offender
without first proceeding against the occupier or owner.
(c) knowingly utters or makes use of any such certificate so forged, counterfeited or false
as aforesaid; or
(d) knowingly utters or makes use of, as applying to any person, any such certificate
which does not so apply; or
(e) personates any person named in any such certificate; or
(f) falsely pretends to be an Inspector; or
(g) wilfully connives at any such forging, counterfeiting, giving, signing, uttering,
making use, personating or pretending as aforesaid; or
(h) wilfully makes a false entry in any register, notice, certificate or document required
by or for the purposes of this Act or any regulation made thereunder to be kept or served
or sent; or
(i) wilfully makes or signs a false declaration required by or for the purposes of this Act
or any regulation made thereunder; or
(j) knowingly makes use of any such false entry or declaration as aforesaid;
shall be guilty of an offence and liable on conviction to a fine not exceeding two hundred
thousand cedis or to imprisonment not exceeding six months, or to both. [As amended by
the Factories, Offices and Shops (Amendment) Law, 1991 (PNDCL 275), s.1(j)].
(1) If a person is found in a factory at any time at which work is going on or the
machinery is in motion, except during the intervals for meals or rest, he shall, until the
contrary is proved, be deemed for the purposes of this Act to have been then employed in
the factory:
Provided that this subsection shall not apply to a factory in which the only persons
employed are members of the same family living there.
(2) Where any entry is required by this Act or by any regulation made thereunder to be
made in the general register or in any other register or record, the entry made by the
occupier of a factory or on his behalf shall, as against him, be admissible as evidence of
the facts stated therein, and the fact that any entry so required with respect to the
observance of any provision of this Act or of any regulation made thereunder has not
been made, shall be admissible as evidence that that provision has not been observed.
2) The court, after hearing the parties and any witnesses whom it may wish to call, may
make an order setting aside or modifying the terms of the agreement as it considers just
and equitable in the circumstances.
(4) A person who is the occupier of a factory, or is directly interested therein or in any
process or business carried on therein or in a patent connected therewith, or is employed
in or about a factory, shall not act as an Inspector.
(5) No Inspector, except insofar as is necessary for the prosecution of an offence under
this Act, shall publish or disclose to any person the details of any manufacturing or
commercial or working process which may come to his knowledge in the course of his
duties.
(6) A person who contravenes subsection (4) or (5) shall be guilty of an offence.
(2) The occupier of every factory, office or shop, his agents and servants, shall provide
the means required by an Inspector as necessary for an entry, inspection, examination,
inquiry, the taking of samples, or otherwise for the exercise of his powers under this Act
in relation to that factory, office or shop.
Section 81-Exemption.
The Minister may by legislative instrument exempt from the application of all or any of
the requirements of this Act any premises or class or part of premises being a factory,
office or shop, where in his opinion it would by reason of special circumstances be
unreasonable to require compliance with such requirements.
Section 82-Application.
(1) The provisions of this Act shall, except where otherwise expressly provided, apply to
all factories, offices and shops as defined by this Act.
(2) This Act shall apply to factories, offices and shops belonging to or in the occupation
of the Government.
(6) Where a place situated within the close, curtilage or precincts forming a factory is
solely used for some process other than a process for and incidental to the main purposes
of the factory, that place shall not be deemed to form part of the factory for the purposes
of this Act, but shall, if otherwise it would be a factory, be deemed to be a separate
factory.
(7) Premises shall not be excluded from the definition of a factory by reason only that
they are open air premises.
(8) Premises belonging to or in the occupation of the Government or any local authority
or corporation constituted under any enactment shall not be excluded from the definition
of a factory by reason only that the work carried on there is not carried on by way of
trade or for purposes of gain.
(9) Where the Minister by executive instrument so directs as respects all or any purposes
of this Act, and subject to such conditions as he may think fit to require, different
branches or departments of work carried on in the same factory shall be deemed to be
different factories.
(10) Notwithstanding the foregoing provisions of this section, the definition of a factory
shall not apply
(a) to any building operations undertaken below ground in a mine;
(b) to any works of engineering construction undertaken at a mine, whether above or
below ground, or at a quarry;
(c) to premises in or adjacent to and belonging to a mine, being premises in which the
only activity carried on is ancillary to the getting, dressing or preparation for sale of
minerals.
Section 86-Interpretation.
(1) In this Act, unless the context otherwise requires
"article" includes any solid, liquid or gas, or any combination thereof;
"bodily injury" includes injury to health;
"building operation" means the construction, structural alteration, repair or maintenance
of a building (including re-pointing, re-decoration and external cleaning of the structure),
the demolition of a building, and the preparation for, and laying the foundation of, an
intended building, but does not include any operation which is a work of engineering
construction within the meaning of this Act;
"class" of factories, offices or shops includes a group of factories, offices or shops
described by reference to locality;
"driving-belt" includes any driving strap or rope;
"fumes" include gas or vapour;
"lifting machine" means a crane, crab, winch, teagle, pulley, block, gin wheel, transporter
or runway;
"lifting tackle" means chain slings, ropeslings, rings, hooks, shackles and swivels;
"local authority" means a council established under any enactment for the time being in
force relating to local government;
"machinery" means every mechanical contrivance whether operated by hand or by
automatic power, and includes driving belts, flywheels, prime movers, transmission
machinery, water wheels, water turbines, electric generators motor or rotary converters,
and shaftings;
"maintained" means maintained in an efficient state, in efficient working order, and in
good repair;
"mine" includes any place, excavation, or working whereon, wherein, or whereby any
operation in connection with mining is carried on;
"Minister" means the Minister responsible for Labour;
"occupier" means the person who runs the factory, office, shop or other premises in
question, and who regulates and controls the work that is done there;
"offence" means an offence under this Act;
"owner" means the person for the time being receiving the rents or profits of the premises
in connection with which the word is used, whether on his own account or as agent or
trustee for any other person, or who would so receive the same if the premises were
leased;
"prescribed" means prescribed by the Minister under section 8(2);
"prime mover" means every engine, motor or other appliance which provides mechanical
energy derived from steam water, wind, electricity, the combustion of fuel or other
source;
"process" includes the use of any locomotive;
"railway" means any railway used for the purposes of public traffic, whether passenger,
goods or other traffic, and includes any works used in connection with and for the
purposes of the railway;
"sanitary convenience" includes urinals, waterclosets, earth closets, privies, ashpits, and
any similar conveniences;
"steam boiler" means any closed vessel in which for any purposes steam is generated
under pressure greater than atmospheric pressure, and includes any economiser used to
heat water being fed to any such vessel, and any superheater used for heating steam;
"transmission machinery" means every shaft, wheel, drum, pulley, system of fast and
loose pulleys, coupling, clutch, driving-belt or other device by which the motion of a
prime mover is transmitted to or received by any machine or appliance;
"work of engineering construction" means the construction of any road, airfield, sea
defence works or river works, railway line or siding, and the construction, structural
alteration or repair (including re-pointing and re-painting) or the demolition of any dock,
habour, inland, navigation, tunnel, bridge, viaduct, waterworks, reservoir, pipeline,
aqueduct, sewer, sewage works, or gas holder, and shall include such other works as may
be prescribed;
"young person" means a person under the age of eighteen years.
(2) For the purposes of this Act and regulations made thereunder, machinery or plant
shall be deemed to have been constructed or reconstructed before the commencement of
this Act or regulations made thereunder, and a factory or building shall be deemed to
have been constructed, reconstructed, extended, added to or converted for use as a factory
before the commencement of this Act or regulations made thereunder, if the construction,
reconstruction, extension, addition or conversion was begun before the commencement of
this Act or regulations made thereunder.
(3) For the purposes of this Act a factory shall not be deemed to be a factory in which
mechanical power is used by reason only that mechanical power is used for the purpose
of heating, ventilating or lighting the workrooms or other parts of the factory.
(4) For the purposes of this Act an apprentice shall be deemed to be a person employed.
Section 86-Interpretation.
(1) In this Act, unless the context otherwise requires
"article" includes any solid, liquid or gas, or any combination thereof;
"bodily injury" includes injury to health;
"building operation" means the construction, structural alteration, repair or maintenance
of a building (including re-pointing, re-decoration and external cleaning of the structure),
the demolition of a building, and the preparation for, and laying the foundation of, an
intended building, but does not include any operation which is a work of engineering
construction within the meaning of this Act;
"class" of factories, offices or shops includes a group of factories, offices or shops
described by reference to locality;
"driving-belt" includes any driving strap or rope;
"fumes" include gas or vapour;
"lifting machine" means a crane, crab, winch, teagle, pulley, block, gin wheel, transporter
or runway;
"lifting tackle" means chain slings, ropeslings, rings, hooks, shackles and swivels;
"local authority" means a council established under any enactment for the time being in
force relating to local government;
"machinery" means every mechanical contrivance whether operated by hand or by
automatic power, and includes driving belts, flywheels, prime movers, transmission
machinery, water wheels, water turbines, electric generators motor or rotary converters,
and shaftings;
"maintained" means maintained in an efficient state, in efficient working order, and in
good repair;
"mine" includes any place, excavation, or working whereon, wherein, or whereby any
operation in connection with mining is carried on;
"Minister" means the Minister responsible for Labour;
"occupier" means the person who runs the factory, offi
Section 88-Commencement.
This Act shall come into force on the 1st day of April, 1970.
Section 88-Commencement
This law shall be deemed to have come into force on the 21st April, 1983. [Inserted and
to be cited as Factories, Offices and Shops (Amendment) Law, 1983 (PNDCL 66), s. 2]