=Factory Acts a Compromise.=--The Factory Acts are of the nature of a
compromise between two different social schools. The vague phraseology,
the lack of a definite standard, the readiness to grant exceptions to
certain trades, and, under certain conditions, the large discretion
left in the hands both of the Secretary of State and the Inspectors
of Factories, these are amongst the signs of the contending elements
among which the Acts represent a compromise. Where, as in the case
of the textile trades, a definite working day is laid down and
overtime is absolutely prohibited, the administration of the Acts is
a comparatively simple matter. The factory inspector and the factory
clock between them are a match for the employer who is disposed to
let his machinery run beyond the legal limit. On the other hand,
where the emphatic “shall” which applies to the textile trades is
changed into “may,” where overtime is permitted on account of a press
of orders, or of season requirements, or the perishable nature of
certain commodities, the standard of administration must inevitably
become relaxed like the Acts themselves. Several instances, somewhat
too technical perhaps to be given here, might be produced in which
the Acts have been so drafted as to place the staff of inspectors in
an almost impossible position. Thus they are supposed in a general
way to see that factories and workshops are properly ventilated, and
that conditions of health are favourable. When overtime is worked each
person is supposed to have an allowance of 400 cubic feet of space,
and the inspector is expected to be the judge of what is healthy or
injurious in various processes of manufacture. These surely are cases
in which a feeble and uninformed intention, rather than defective
executive measures, must be held responsible for lack of results. It is
obviously unreasonable to throw the responsibility upon an inspector
of introducing a variety of highly-technical hygienic appliances
into buildings which have been designed and erected without regard
to health, and in which plant and machinery have been laid down with
a single eye to production--just as unreasonable in fact as to try
to preserve a town from typhoid fever by taking precautions after a
defective drainage system has been completed instead of before.
Public-domain text, read in full here on John Shaqi.
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