| Question
1: I am not a Manufacturer, why
is my establishment considered a factory? |
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There is a general
misconception that only entities that do manufacturing
are considered to be factories. In addition to manufacturers
many other entities fall under the Factories Act.
These include motor vehicle repair services or servicing,
metal fabrication, woodwork, laundry, dry cleaning
establishments, cold storage installations, etc. Also,
the engagement of ten or more workers in manual labour
such as data entry, hand picking coffee, banana packinghouse,
washing and sorting of bottles etc. are considered
a factory. An initial safety and health inspection
may be necessary to determine if your establishment
is a factory. Click here to
view the legal definition of a factory. |
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| Question
2: How do I go about registering
my factory? |
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The department responsible for
registering and monitoring factories is the Industrial
Safety Department (I.S.D) located at the Ministry
of Labour. To gain registration, the owner or operator
of the factory should collect an application form
and scale of fees from the I.S.D. Complete the form
and pay the prescribed fee at the Collector of Taxes.
When granted, the registration is valid for three
(3) years. It is the duty of the owner or operator
to apply for registration and to do so thirty 30)
days prior to the expiration date, in the case of
re-registration. |
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| Question
3: These registration fees
are ridiculous, why should I incur expense to
go to the Tax |
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Office
to pay $3.00? |
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The prescribed registration fees
have been in effect since 1976, with no amendment
or increase since then. The fees range from $3.00,
for under 10 workers, to a maximum of $150.00, for
over 800 workers. The I.S.D is aware that it may seem
like an exercise in futility and grossly uneconomical
to incur expense to pay these low fees. The I.S.D
staff continues to work incessantly for an increase
in the fees to more realistic values. However, until
a change is granted, the payment of the registration
fee remains a vital part of registration process and
must be complied with to gain registration. |
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| Question
4: Apart from registration, what
else can be expected from the Industrial Safety |
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Division, I.S.D? |
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The I.S.D conducts safety and
health inspections at factories and docks at least
once every year. The Department, through its inspectors,
also conducts accident investigations, and makes presentations
on occupational safety and health issues at seminars
and workshops. We also inspect cargo ships at every
call and building construction sites every 6 weeks.
Click here for more. |
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| Question
5: Where can I get copies
of the exhibits (Factories Act / Regulations and
Artificial |
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Respiration
Posters)? |
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Copies of the Factories Act /
Regulations can be obtained at the Jamaica Printing
Services (1992) Ltd. 77 ½ Duke St., Kingston.
The Artificial Respiration posters are available at
Red Cross Society, 76 Arnold Rd, Kingston |
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| Question 6:
What type of fire warning device? |
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The types of fire warning devices
available are the electric bell, gong or whistle. |
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| Question
7: What do you mean by sanitary
conveniences other than urinals? |
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Sanitary conveniences are also
known as water closets (toilets). |
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| Question 8:
How long does it take for the
Registration certificate to be issued? |
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The Registration certificates
are issued within 30 days. |
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| Question
9: What is meant by "process
or products"? |
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The nature of processing that is carried on at the
premises or the type of products that are produced for
gain by way of sale or trade. |
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| Question 10:
What is meant by "nature
of mechanical power used"? |
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What is the source of power for the machinery used
in the process. It could be one of or a combination
of the following: electrical, manual, steam, hydraulic,
nuclear. |
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| Question
11: I have just moved to a new
location, why am I being told to register for a period
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prior to my occupancy? |
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The registration period lasts three years and though
it is effected by the occupants of the premises, it
is the premises and not the company that is registered.
Thus if another company occupies the premises before
the three years expire they inherit the registration
effected by the former company. Similarly, if the registration
is not current when they move in, they inherit the outstanding
registration. This may be waived however, if the owner/
manager writes to the Chief
Factory Inspector, informing of the date they moved
in, and request registration effected as at that date. |
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| Question
12: What is meant by the legal
name? |
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The legal name of the firm/ company is the name that
the firm (or company) was registered under with the
Office of Registrar of Companies. In the case where
it is a limited liability company, the owner may be
the company itself, a parent company or a group of individuals
acting as directors of the company. The firm however
may be owned by: a company, a single individual or a
group of individuals bound by a partnership agreement. |
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| Question
13: What is my factory classified
as? |
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Establishments are categorized based on the hazards
possible and the likelihood of it causing injury, damage
to equipment, or loss of limb or life. Please click
here for the classifications. |
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| Question
14: What is a prescribed disease? |
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A prescribed disease is one that is listed in the
schedule of The Employment (Termination and Redundancy
Payments) Regulations , 1974. Click here to view the
schedule. There is also
a new list being proposed in the soon to be adopted
OSH Act draft, now at the draft stage. Click here to
view the proposed list. |
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