Ο περί Εργοστασίων Νόμος (ΚΕΦ.134)

68.-(1) Where a part of a building is let off as a separate factory, the provisions of this Law hereafter in this subsection mentioned shall apply to any part of the building used for the purposes of the factory but not comprised therein, that is to say:-

(a) the provisions of Part IV with respect to cleanliness and lighting;

(b) the provisions of Part V with respect to prime movers, transmission machinery, hoists and lifts, chains, ropes and lifting tackle, cranes and other lifting machines, safe means of access and safe place of employment, steam boilers, steam receivers and steam containers, and air receivers (including the provisions as to exceptions as to steam boilers, steam receivers and steam containers, and air receivers);

(c) the provisions of Part V with respect to the power of a Court to make orders as to dangerous conditions and practices and as to dangerous factories,

and the owner of the building shall be responsible for any contravention of the said provisions and shall also be responsible, instead of the occupier of the factory, for any contravention as respects the factory of the provisions of Part IV of this Law with respect to sanitary conveniences and the provisions of Part V of this Law with respect to hoists and lifts, prevention of fire, and safety provisions in case of fire, and, for the purposes of the provisions with respect to prevention of fire and safety provisions in case of fire, the factory shall be deemed to include any part of the building used for the purpose of the factory:

Provided that the owner of the building shall be responsible for the cleanliness of sanitary conveniences only when used in common by several tenants, and shall be responsible for any contravention of the provisions relating to hoists and lifts, chains, ropes and lifting tackle, lifting machines, steam boilers, steam receivers and steam containers, air receivers, prevention of fire and safety provisions in case of fire, only in so far as the said provisions relate to matters within his control; and the occupier of the factory shall, in any case, be responsible for any contravention (whether as respects of the factory or otherwise) of any of the said provisions with respect to any machinery or plant belonging to or supplied by him.

(2) In sections 47 and 48 of this Law, as they apply in relation to the factory and as they are applied by the foregoing subsection, references to the occupier shall be taken as references to the occupier of the factory or to the owner of the building, according to which of them is responsible in respect of the matters complained of.

(3) For the purposes of the provisions applied by subsection (1) of this section, lifting machines attached to the outside of the building, and chains, ropes and lifting tackle used in connection with those machines, shall be treated as being in the building, but any lifting machine not used for the purposes of the factory, and any chains, ropes or lifting tackle not used in connection with a lifting machine so used, shall be disregarded.

(4) Where, under subsection (1) of this section, any provision is applied containing a reference to the General Register, then, in relation to matters in respect of which the owner of the building is responsible, that reference shall be taken as a reference to a register to be kept by him, and subsection (2) of section 79 of this Law shall apply in relation to any such register as if the owner were the occupier of a factory.

69.-(1) The provisions of this Law shall apply to any premises in which persons are regularly employed in, or in connection with the processes or operations of generating, transforming or converting, or of switching, controlling or otherwise regulating, electrical energy for supply by way of trade, or for supply for the purposes of any transport undertaking or other industrial or commercial undertaking or of any public building or public institution, or for supply to streets or other public places, as if the premises were a factory and the employer of any person employed in the premises in, or in connection with, any such process or operation were the occupier of a factory.

(2) This provisions of this Law hereafter in this subsection mentioned shall apply to any other premises in which any such processes or operations as aforesaid are carried on, or performed, for such supply as aforesaid, being premises large enough to admit the entrance of a person after the machinery or plant therein is in position, as if the premises were a factory and the employer of any person employed in the premises in, or in connection with, any such process or operation were the occupier of a factory, that is to say:-

(a) Part I;

(b) Part II;

(c) the provisions of Part VII with respect to the Υπουργού directions for safety and health;

(d) the provisions of Part X with respect to powers and duties of Inspectors, powers of the Υπουργός and regulations, rules and orders, made under this Law;

(e) Part XI.

(3) The Υπουργός may by rules apply any of the provisions of this Law mentioned in subsection (2) to any machinery, or plant, used elsewhere than in premises mentioned in that subsection or in subsection (1), being machinery or plant used in the aforesaid processes or operations and for such supply as aforesaid, as if the machinery or plant were machinery or plant in a factory and the employer of any person employed in connection with any such use of the machinery or plant were the occupier of a factory.

(4) Subsections (1) and (2) shall not, except in so far as the Υπουργός may by rules direct, apply to any premises where the aforesaid processes or operations are only carried on, or performed, for the immediate purpose of working an electric motor or working any apparatus which consumes electrical energy for lighting, heating, transmitting or receiving messages or communications, or other similar purposes.

(5) For the purposes of the definition in section 2 of the expression “factory,” electrical energy shall not be deemed to be an article, but save as aforesaid nothing in this section shall affect the application of this Law to factories within the meaning of that definition.

70. The provisions of this Law hereafter in this section mentioned shall apply to any premises (not being premises forming part of a factory) in which a steam boiler is used, as if the premises were a factory and as if the person having the actual use or occupation of the premises were the occupier of the factory, that is to say:-

(a) Part I;

(b) Part II;

(c) the provisions of Part V with respect to prime movers, transmission machinery, other machinery, unfenced machinery, construction and maintenance of fencing, construction and sale of new machinery, and with respect to steam boilers (including the provisions as to exceptions, as to steam boilers) so, however, that the owner of the boiler shall, instead of the person deemed to be the occupier, be responsible for any contravention of the said provisions in so far as they relate to matters within his control;

(d) the provisions of Part V with respect to the power of a Court to make orders as to dangerous conditions and practices;

(e) the provisions of this Part with respect to premises where part of a building is a separate factory, subject to such modifications as may be made by rules made by the Υπουργός~

(f) the provisions of Part IX with respect to General Registers (so far as applicable), preservation of registers and records, and duties of persons employed;

(g) the provisions of Part X with respect to powers and duties of inspectors, powers of the Υπουργός and with respect to rules and orders made under this Law;

(h) Part XI.

73.-(1) Οι πρόνοιες του Νόμου που αναφέρονται πιο κάτω εφαρμόζονται στις εργασίες λιμένων:

(α) Μέρος Ι

(β) Μέρος ΙΙ

(γ) Μέρος V

(δ) Μέρος VII

(ε) Μέρος ΙΧ

(στ) Μέρος Χ

(ζ) Μέρος ΧΙ

(η) Μέρος ΧΙΙ

(2) Οι πιο πάνω διατάξεις εφαρμόζονται στις εργασίες λιμένων σαν να είναι, κάθε τόπος όπου τέτοιες εργασίες διεξάγονται, εργοστάσιο και κάθε πρόσωπο που αναλαμβάνει τέτοιες εργασίες, ο κάτοχος του εργοστασίου.

(3) Για τους σκοπούς του άρθρου αυτού ο όρος “εργασίες λιμένων” περιλαμβάνει τις εργασίες φόρτωσης ή εκφόρτωσης, το στοίβαγμα, την αποθήκευση, το χειρισμό, όπως και τη μεταφορά των εμπορευμάτων που γίνεται στο πλοίο ή μέσα στο λιμάνι.

74.-(1) Subject to hereafter in this section provided, the provisions of this Law hereafter in this section mentioned shall apply to any work carried out in a harbour, or wet dock, in constructing, reconstructing, repairing, refitting, painting, finishing or breaking up a ship, or in scaling, scurfing or cleaning boilers (including combustion chambers and smoke boxes) in a ship, or in cleaning oil fuel, tanks or bilges in a ship, that is to say:-

(a) Part I;

(b) Part VI;

(c) the provisions of Part IX with respect to general registers (so far as applicable), preservation of registers and records, duties of persons employed and the prohibition of deductions from wages;

(d) the provisions of Part X with respect to powers and duties of inspectors, powers of the Υπουργός and regulations, rules and orders made under this Law;

(e) Part  XI,

and for the purpose of such provisions, the ship shall be deemed to be a factory and any person undertaking such work shall be deemed to be the occupier of a factory.

(2) Nothing in this Law shall apply to any such work as aforesaid done by the master or crew of a ship or done on board of ship during a trial run.

75.-(1) Subject as hereafter in this section provided, the provisions of this Law hereafter in this subsection mentioned shall apply to building operations undertaken by way of trade or business, or for the purpose of any industrial or commercial undertaking, and to any line or siding which is used in connection therewith and for the purposes thereof, that is to say:-

(a) Part I;

(b) Part II;

(c) [Καταργήθηκε];

(d) the provisions of Part IV with respect to sanitary conveniences;

(e) the provisions of Part V with respect to steam boilers and air receivers (including the provisions as to exceptions as to steam boilers and air receivers ανελκυστήρας, ανυψωτήρας, αλύσεις, σχοινία, αναρτήρας, γερανούς και άλλας ανυψωτικάς μηχανάς), and the power of a Court to make orders as to dangerous conditions and practices;

(f) Part VI;

(ζ) αι διατάξεις του Μέρους VII όσον αφορά εις ειδικούς κανονισμούς δι’ ασφάλειαν και υγιεινήν~

(h) the provisions of Part IX with respect to the abstract of this Law and with respect to notices, rules, General Registers (so far as applicable), preservation of registers and records, duties of persons employed and the prohibition of deduction from wages;

(i) the provisions of Part X with respect to powers and duties of inspectors, powers of the Υπουργός and regulations, rules and orders made under this Law;

(j) Part XI.

(2) The provisions of this Law in their application to building operations shall have effect as if any place where such operations are carried on were a factory, and any person undertaking any such operations to which this Law applies were the occupier of a factory, and with such other adaptations or modifications as may be made by rules made by the Υπουργός:

Provided that such of the provisions of this Law as require General Registers to be kept, and copies of the prescribed abstract of this Law, and copies of rules, or the prescribed abstract of rules, to be kept posted on the premises, shall be deemed to be complied with as respects building operations if the General Register is kept at an office of the person undertaking the building operations and copies of the Abstract of this Law, and copies of the rules or abstract thereof, are kept posted at each office, yard, or shop, of the person undertaking the operations at which persons employed by him on the operations attend and in a position where they can easily be read by such persons.

(3) Any person undertaking any building operations to which this Law applies shall, not later than seven days after the beginning thereof, serve on an Inspector a written notice stating the name and postal address of the person so undertaking the operations, the place and nature of the operations, whether any mechanical power is used and, if so, its nature, and such other particulars as may be prescribed by rules made by the Υπουργός:

Provided that-

(a) this subsection shall not apply to any operations which the person undertaking them has reasonable grounds for believing will be completed in a period of less than six weeks; and

(b) where a person undertakes any building operations in a place where such operations are in progress, he shall not be required to give such a notice as aforesaid if a notice was given in respect of the operations in progress.

76.-(1) Subject as hereafter in this section provided, the provisions of this Law hereafter in this subsection mentioned shall apply to works of engineering construction undertaken by way of trade or business, or for the purpose of any industrial or commercial undertaking, and to any line or siding, which is used in connection therewith and for the purposes thereof, that is to say:-

(a) Part I;

(b) Part II;

(c) [Καταργήθηκε];

(d) the provisions of Part IV with respect to sanitary conveniences;

(e) the provisions of Part V with respect to steam boilers and air receivers (including the provisions as to exceptions to steam boilers and air receivers ανελκυστήρας, ανυψωτήρας, αλύσεις, σχοινία, αναρτήρας, γερανούς και άλλας ανυψωτικάς μηχανάς), and the power of a Court to make orders as to dangerous conditions and practices;

(f) Part VI;

(ζ) αι διατάξεις του Μέρους VII όσον αφορά εις ειδικούς κανονισμούς δι’ ασφάλειαν και υγιεινήν~

(h) the provisions of Part IX with respect to the abstract of this Law and with respect to notices, rules, General Registers (so far as applicable), preservation of registers and records, duties of persons employed and the prohibition of deductions from wages;

(i) the provisions of Part X with respect to powers of the Υπουργός and regulations, rules and orders made under this Law;

(j) Part XI:

Provided that no order made under the provisions of this Law with respect to the power of a Court to make orders as to dangerous conditions and practices, and no rules made under Part VII of this Law, shall operate so as to interfere with the design of any works of engineering construction or with the adoption in the execution of those works of any method prescribed in the specification or in any signed plans issued, or written directions given, by the consulting engineer or the engineer in charge, being a method which is not inconsistent with the safety of the works or of the persons employed.

(2) The provisions of this Law in their application to works of engineering construction shall have effect as if any place where such works are carried on were a factory and any person undertaking any such works to which this Law applies were the occupier of a factory, and with such other adaptations and modifications as may be made by rules made by the Υπουργός:

Provided that such of the provisions of this Law as require General Registers to be kept, and copies of the prescribed abstract of this Law, and copies of rules, or the prescribed abstract of rules, to be kept posted on the premises, shall be deemed to be complied with as respects works of engineering construction if the General Register is kept at an office of the person undertaking the works and copies of the abstract of this Law, and copies of the rules or abstract thereof, are kept posted at each office, yard, or shop, of the person undertaking the works at which persons employed by him on the works attend and in a position where they can easily be read by such persons.

(3) Any person undertaking any works of engineering construction to which this Law applies shall, not later than seven days after the beginning thereof, serve on an Inspector a written notice stating the name and postal address of the person so undertaking the works, the place and nature of the works, whether any mechanical power is used, and, if so, its nature, and such other particulars as may be prescribed by rules made by the Υπουργός:

Provided that:-

(a) this subsection shall not apply to any works which the person undertaking them has reasonable ground for believing will be completed in a period of less than three weeks; and

(b) if a person undertakes any works of engineering construction in a place where such works are in progress, he shall not be required to give such a notice as aforesaid if a notice was given in respect of the works in progress.

76A.-(1) Τηρουμένων των διατάξεων του παρόντος άρθρου, αι διατάξεις του παρόντος Νόμου, αίτινες μνημονεύονται εις το παρόν εδάφιον, θα εφαρμόζωνται εις γεωργικάς εργασίας αι οποίαι διεξάγονται κατ’ επάγγελμα ή διά σκοπούς οιασδήποτε βιομηχανικής ή εμπορικής επιχειρήσεως, ήτοι:

(α) το Μέρος Ι,

(β) το Μέρος ΙΙ,

(γ) [Καταργήθηκε],

(δ) αι διατάξεις του Μέρους IV αι αναφερόμεναι εις τας υγειονομικάς διευκολύνσεις και τας εξουσίας δι’ ιατρικήν επίβλεψιν,

(ε) αι διατάξεις του Μέρους V αι αναφερόμεναι εις την ασφαλή περίφραξιν κινητηρίων μηχανών, τμημάτων μηχανημάτων μεταδόσεως κινήσεως και άλλων μηχανημάτων, και αι διατάξεις αι αναφερόμεναι εις τας εξουσίας του Δικαστηρίου δι’ έκδοσιν διαταγμάτων αναφορικώς προς επικινδύνους καταστάσεις και μεθόδους,

(στ) το Μέρος VI,

(ζ) αι διατάξεις του Μέρους VII αι αναφερόμεναι εις ειδικούς κανονισμούς δι’ ασφάλειαν, υγείαν και ευημερίαν,

(η) αι διατάξεις του Μέρους ΙΧ αι αναφερόμεναι εις τα καθήκοντα των εργοδοτουμένων προσώπων και εις την απαγόρευσιν αποκοπής εκ των ημερομισθίων,

(θ) αι διατάξεις του Μέρους Χ αι αναφερόμεναι εις τας εξουσίας και τα καθήκοντα των Επιθεωρητών, τας εξουσίας του Υπουργού και τους δυνάμει του Νόμου εκδιδομένους κανονισμούς, κανόνας και οδηγίας.

(ι) το Μέρος ΧΙ.

(2) Αι διατάξεις του παρόντος Νόμου ως αύται εφαρμόζονται εις γεωργικάς εργασίας θα εφαρμόζωνται, ως εάν ο χώρος ένθα αι τοιαύται εργασίαι διεξήγοντο απετέλει εργοστάσιον και οιονδήποτε πρόσωπον αναλαμβάνον τοιαύτας εργασίας εις τας οποίας εφαρμόζεται ο παρών Νόμος ήτο κάτοχος εργοστασίου, μετά τοιούτων προσαρμογών και τροποποιήσεων ως ήθελε προβλεφθή υπό του Νόμου.