If all factories are premises but then can we say all premises are factories? Highlight why part 3 of the factory act of 1987 is the most important part.

Factory

What exactly  is a  factory?  This is to be  found in  section 87(1).  "factory"  means any premises in  which  or  within  which, or  within  the  close or  curtilage  or  precincts of  which  one  person is, or more  persons are,  employed in  any process for  or  incidental to any of  the  following purposes, namely:- (a)  the  making of  any article or  part of  any article;  or (b) the  altering, preparing ornamenting,  finishing, cleaning, or  washing, or breaking-up  or  demolition  of  any article;  or (c) the  adapting for  sale  of  any article, being premises in  which, or within  the  close or  curtilage  or  precincts of  which, the  work  is carried on  by way of  trade  or  for  purposes of  gain  and  to or  over  which  the  employer  of  the person  or  persons employed therein  has the right of  access or control;  and  the  expression "factory"  also  includes  the premises in  which ten  or  more  persons are  employed. 

From the above definition it can be deduced that all factories are premises but then can we say all premises are factories? Evidently, There are certain relevant features or clauses highlighted  in section 87(1) before anything can be regarded as a factory.

Relevant/ significant Features of Factory :

a) There must be one or more paid employment

 b) It must be spacious and not enclosed

c) There must be master/ servant Relationship.

d) The purpose must be for making, Repairing, Altering, Ornamenting and lastly Adapting for Sale.

e) The process or work carried out must be for trade or gains.

Invariably, a place is not a factory even though the premises are used for making, adapting or repairing of article. See the case of Pullen V prison commissioner (1957).  It was held that in that case under the English factory Act that the plaintifs's claim could not be sustained in respect of injuries he received in a prison workshop simply because he was not in a paid employment in the prison.

Therefore, if the object and operation carried out are not for "trade or gain", then the place is not a factory.

The factory Act is divided into 11 parts and has 89 sections.

Part 1 (section 1- 6): This deals the registration of existing and new factories, notification of change in particulars furnished, appointment of Factories Appeal Board and  appeal to Board from decision of Director of Factories.

Part 2 ( section 7- 13): This talks about the general provisions of health and safety of workers with regard to cleanliness in the factory, floor and surrounding. There should not be overcrowding and measures should be in place to ensure enough ventilation, good lighting, good drainage and sanitary conveniences.

Part 3 ( Section 14- 39): This is the most important section of the law and Deals with the safety and protection of machines. There should be Safe means of access and safe place of employment. Also, Precautions in places where dangerous fumes are likely to be present. Precautions with respect to explosives or other inflammable dust, gas, vapour or substance and provision of Steam boilers.

Part 4 ( Section 40- 44): This deals with welfare. Especially there must be supply of drinking water, washing facilities, accommodation for clothing, first-aid and Exemption if ambulance room is provided.

Part 5 ( 45- 50):  This is a combination of (part1-4). It deals with health, safety and welfare of workers. It entails the removal of dust or fumes. Canteens should be in a good environment away from dangerous places free from contamination. Provide gloves , booths (protective covers) such as goggles and effective screens to protect the eyes.

Part 6 (51- 53): This deals with notification, investigation of accidents and industrial diseases.

Part 7 (54- 57): This deals with special application, extension and miscellaneous provisions such . It's entails premises where part of building is separate factory, docks, wharves and quays, Premises in which steam boilers are used, Power to extend application of provisions of Act.

Part 8 ( Section 54- 57): This deals with general register. It must contain certificate of registration of the factory, Every other certificate issued in respect of the factory and by the director of factories. Particulars as to the washing, white-washing or clour washing, painting or varnishing of the factory. The prescribed particulars as to every accident, and case of occupational disease occuring in the factory of which notice is required to be sent to an inspector under the provisions of the act. All reports and particulars required by any other provisions of this act to be entered in or attached to the general register and such other matters as may be prescribed by regulations. The register should be kept available for information and inspection by any inspector for 7years or such shorter period if any, as may be prescribed.

Part 9 ( section 63- 68 ): This talks about the operator of the law which is the director of factories, required to the minister for appointment of factories inspectors and his powers.

Part 10 ( section 69- 81) : This deals with offences, penalties and legal procedures

Part 11 ( section 82 -89) :  This is the general part that covers everything that has been discussed above and most expecially the interpretation section of the act.