HL Deb 30 November 1920 vol 42 cc753-8

Amendments reported (according to Order).

Clause 2:

Regulations for employment of women and young persons in processes involving use of lead compounds.

2.—(1) It shall not be lawful for any person to employ in any process involving the use of lead compounds any woman or young person, if the process is such that lead dust or lead fume is produced therein or the persons employed therein are liable to be splashed with any lead compound in the course of their employment, unless the following regulations are complied with as respects all women and young persons employed:—

  1. (a) Provision must be made for drawing away from the parsons employed any lead dust or lea.1 fume by means of an efficient exhaust draught so contrived as to operate on the dust or fume as nearly as may be at its point of origin:
  2. (b) The persons employed must undergo the prescribed medical examination at the prescribed intervals, and the prescribed record must be kept with respect to their health:
  3. (c) No food, drink, or tobacco shall be brought into or consumed in any room in which the process is carried on, and no person shall be allowed to remain in any such room during meal times:
  4. (d) Adequate protective clothing in a clean condition shall be provided by the employer and worn by the persons employed:
  5. (e) Suitable cloak rooms and mess rooms, and such washing accommodation as may be prescribed, shall be provided for the use of the persons employed:
  6. (f) The rooms in which the persons are employed, end all tools and apparatus used by them, shall be kept in a clean condition.
(2) It shall not be lawful for any person to employ in any process involving he use of lead compounds any woman or young person who has been suspended after medical examination from employment in any such process on the ground that continuance therein would involve special danger to health.

THE EARL OF ONSLOW moved, in subsection (1), to leave out "lead dust or lead fume" and to insert "dust or fume from a lead compound." The noble Earl said: This Amendment and the next Amendments on the Paper are being proposed after consultation with my noble friend opposite and the London Chamber of Commerce.

Amendment moved— Clause 2, page 2, lines 3 and 4, leave out ("lead dust or lead fume") end insert ("dust or fume from a lead compound").—(The Earl of Onslow.)

On Question, Amendment agreed to.

THE EARL OF OINSLOW moved to delete from subsection (1) (a)"Provision must be made for drawing away from the persons employed any lead, dust., or lead fume," and to insert "Where dust or fume from a lead compound is produced in the process provision must be made for drawing the fume or dust away from the persons employed."

Amendment moved— Clause 2, page 2, lines 8 and 9, leave out ("Provision must be made for drawing away from the persons employed any lead, dust, or lead fume") and insert ("Where dust or fume from a lead compound is produced in the process provision must be made for drawing the fume or dust away from the persons employed").—(The Earl of Onslow.)

On Question, Amendment agreed to.

THE EARL OF ONSLOW moved to delete from subsection (1) (e) "Suitable cloakrooms, mess-rooms and such" and to insert "Such suitable cloak-rooms, mess-room and."

Amendment moved— Clause 2, page 2, line 24, leave out ("suitable cloak-rooms, mess-rooms and such") and insert ("such suitable cloak-room, mess-room and").—(The Earl of Onslow.)

On Question, Amendment agreed to.

Clause 3:

Power to take samples.

3.—(1) Where an inspector under the Factory and Workshop Act, 1901, suspects that any substance used or intended for use in any process in which women or young persons are employed contains a lead compound, he may at any time take for analysis sufficient samples of that substance.

(2)If the occupier of the factory or workshop in which any such process is carried on refuses to allow an inspector to take samples in pursuance of this section, or to give him facilities for the purpose, he shall be guilty of obstructing the inspector in the execution of his duties under the said Act:

Provided that the occupier of a factory may, at the time when a sample is taken under this section, and on providing the necessary appliances, require the inspector to divide the sample into two parts and to mark and seal and deliver to him one such part.

(3)In this section the expression "occupier of a factory or workshop" includes any person employing a woman or young person in any process involving the use of lead compounds in any place other than a factory or workshop.

(4)A certificate purporting to be a certificate by the Principal Chemist of the Government Laboratory as to the result of an analysis of a sample under this section shall in any proceedings under this Act be evidence of the matters stated therein, unless either party requires the person by whom the analysis was made to be called as a witness.

THE EARL OF ONSLOW moved, after subsection (4), to insert the following new subsection— (5) It shall not be lawful for any person, except in so far as is necessary for the purposes of a prosecution for an offence under this Act, to publish or disclose to any person the results of an analysis made under this Act. If any person acts in contravention of the provisions of this subsection he shall be liable on summary conviction to a fine not exceeding fifty pounds.

Amendment moved— Clause 3, page 3, line 20, at end insert the said new subsection.—(The Earl of Onslow.

On Question, Amendment agreed to.

Clause 6:

Interpretation.

6.In this Act—

The expression "young person" means a person who is under the age of eighteen years;

The expression "prescribed" means prescribed by order made by the Secretary of State, and the provisions of paragraph (a) of subsection (3) and subsections (4), (6), and (7) of section seven of the Police, Factories, &c. (Miscellaneous Provisions) Act, 1916, shall apply with respect to orders made under this Act as they apply with respect to orders made under that section;

The expression "lead compound" means any compound of lead, or any mixture containing any such compound, which would, if treated with dilute hydrochloric acid, yield in solution such an amount of lead compound as would, if converted into lead monoxide, exceed five per cent. of the weight when dry of the amount of the compound or mixture so treated, but does not include an alloy containing lead:

Tests for the purpose of ascertaining whether any compound or mixture is a lead compound within the meaning of this Act shall be made in such manner as the Secretary of State may prescribe.

THE EARL OF ONSLOW had Amendments on the Paper altering the wording of the interpretation of the expression "lead compound" to read as follows— The expression lead compound means any soluble compound of lead which is declared by order of the Secretary of State to be a lead compound for the purposes of this Act, and includes a mixture containing any such compound, but does not include an alloy containing lead. Amendments also stood in the noble Earl's name with the object of making the last paragraph of Clause 6 read as follows— The method of ascertaining whether any compound mixture is a lead compound within the meaning of this Act shall be such as the Secretary of State may prescribe. The noble Earl said: These Amendments have received very careful consideration with my noble friend opposite and with the representatives of the London Chamber of Commerce and others. Two alternatives were submitted; one was to embody in the text of the Bill the whole of the salient features of the test for lead compounds in solution at present applied by the Pottery Regulations. It was held that this test has been in operation for a considerable time and was thoroughly satisfactory, and therefore it would be desirable to make it permanent by embodying it in an Act of Parliament. On the other hand, it was urged that scientific discoveries might lead in the future to the recommendation of modifications in the test in question, and if the methods of the test were embodied in a Statute considerable difficulty would be met with in altering them; in fact, the only way would be by the passage of a fresh Act of Parliament. This for obvious reasons would be a dilatory and unsatisfactory method, and it was held that the definition of soluble lead compound, and the method of determining whether a substance is or is not a lead compound under the Act might be better effected by an Order of the Secretary of State as is at present the case in the Pottery Regulations.

It should be clearly understood that these Regulations can only be altered after careful examination and the full assurance that those interested have every opportunity of representing their views to the Secretary of State and may raise any objections or modifications that may occur to them before any change can be put into operation. It was felt that in principle this safeguard was all that was necessary no the circumstances, and that therefore me would be better to frame the clause as amended leaving the method by which definition of lead compounds was to be arrived at to be prescribed by an Order of the Secretary of State as is done in the Pottery Regulations. This is approved of by all those interested in the subject. should add that the test which I ventured to quote during the Committee stage of this Bill has the entire approval of all those interested in the processes in question, and that there is no intention whatever of making any change in it. But should in future any change become desirable it would be possible to effect that change by the means of an alteration in the Regulations and not to have recourse to a fresh Act of Parliament.

Amendments moved—

Clause 6, page 4, line 8, after ("any") insert ("soluble")

Clause 6, page 4, line 9, leave out from ("load") to ("but") in line 14, and insert ("which is declared by order of the Secretary of State to be a load compound for the purposes of this Act, and includes a mixture containing any such compound")

Clause 6, page 4, line 16, leave out ("tests for the purpose") and insert ("the method")

Clause 6, page 4, line 18, leave out ("made in such manner") and insert ("such as").—(The Earl of Onslow.)

LORD ASKWITH

As the noble Earl has said, these Amendments have been reached after long conferences in committee with the consent of all parties who were present. Their importance is apparent to those conversant with the subject, and I should like to ask the noble Earl whether it is possible to have all this technical matter prepared before the actual conferences take place at Geneva or Washington. The Amendments are devoted to improving the prevention of dust in lead working. Dust has been found to be the real thing which causes lead poisoning, and until these Amendments were put down the poisoning might have been supposed to hare come from substances from which no poisoning can arise. It is a remarkable thing that dust is the thing which is now found to be the real cause of lead poisoning, and one of the chief proofs of it is to be found in the admirable Report of Dr. Legge, Chief Inspector of Factories, when he speaks of the manufacture of bullets and shrapnel, millions of which must pass through the hands of the workers. He states that there were only a few cases of lead poisoning—two or three among the women—and that these were stopped directly devices for absorbing the dust were adopted. That is a most extraordinary result, and I think the Home Office must be congratulated on having achieved it during the course of the last few years.

On Question, Amendments agreed to.