Factories Act, 1934 — section 26

26. Fencing of machinery..—_(1) In every factory the following shall be securely fenced by the safeguards of substantial construction which shall be kept in position while the parts of machinery required to be fenced are in motion or in use, namely

(a)every moving part of a prime mover, and every fly wheel connected to a prime mover ;

(b)the headrace and tailrace of every water wheel and water turbine ;

(c)any part of a stock-bar which protects beyond the head stock of a lathe ; and

(d)unless they are in such position or of such construction as to be as safe to every person employed in the factory as they would be if they were securely fenced

(i)every part of an electric generator, a motor or rotary convertor ;

(ii)every part of transmission machinery ; and

(iii)every dangerous part of any machinery : Provided that, in the case of dangerous parts of machinery that cannot be securely fenced by reason of the nature of operation, such fencing may be substituted by other adequate measures, such as

(i)devices automatically preventing the operation from coming into contact with the dangerous parts ; and

(ii)automatic stopping devices : Provided further that, for the purpose of determining whether any part of machinery is in such position or is of such construction as to be safe as aforesaid, account shall not be taken of any occasion when it being necessary to make as examination of the machinery while it is in motion or, as a result of such examination, to carry out any mounting or shipping of belts, lubrication or other adjusting operation while the machinery is in motion, such examination or operation is made or carried out in accordance with the provisions of section 27.

(2)Without prejudice to any other provisions of this Act relating to the fencing of machinery, every set screw, belt and key on any revolving shaft, spindle wheel or pinion and all spur, worm and other toothed or friction gearing in motion with which such worker would otherwise be liable to come into contact, shall be securely fenced to prevent such contact.

(3)The Provincial Government may exempt, subject to such conditions as may be imposed, for securing the safety of the workers, any particular machinery or part from the provisions of this section.

(4)The Provincial Government may, by rules, prescribe such further precautions as it may consider necessary in respect of any particular machinery or part thereof.