S.I. No. 236/1976 - Factories Act, 1955 (Hoistways) (Exemption) Order, 1976.


S.I. No. 236 of 1976.

FACTORIES ACT, 1955 (HOISTWAYS) (EXEMPTION) ORDER, 1976.

I, MICHAEL O'LEARY, Minister for Labour, in exercise of the power conferred on me by subsection (13) of section 33 of the Factories Act, 1955 (No. 10 of 1955), and it having been shown to my satisfaction that it would be unreasonable in the special circumstances of the case to enforce certain requirements of the said section 33 in respect of a certain class or description of hoistway, hereby order as follows:

1. This Order may be cited as the Factories Act, 1955 (Hoistways) (Exemption) Order, 1976.

2. The requirements of subsections (3) and (4) of section 33 of the Factories Act, 1955 (No. 10 of 1955), shall not apply as respects the class or description of hoistway specified in the Schedule to this Order.

SCHEDULE.

Hoistways of hoists which are not of a movable type, which do not pass through any floor, which are used as working platforms in connection with the fabrication of bus or commercial vehicle bodies, as regards which the buttons, handles or other devices by which the movement of the hoist platform is controlled are at ground level, and which are such that the hoist platform cannot be put into or kept in motion unless the said devices are being held or pressed by a person who at all times while operating the platform both has a clear view of the area underneath the platform and can arrest its descent.

GIVEN under my Official Seal this 7th day of October, 1976.

MICHAEL O'LEARY,

Minister for Labour.

EXPLANATORY NOTE.

This Order provides that the provisions of sub-sections (3) and (4) of Section 33 of the Factories Act, 1955 , which require hoistways to be protected by an adequate enclosure fitted with gates, shall not apply to hoistways of certain types used in the fabrication of bus and commercial vehicle bodies.