Frequently Asked Questions
 
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  1. I am not a Manufacturer, why is my establishment considered a factory?
  2. How do I go about registering my factory?
  3. These registration fees are ridiculous, why should I incur expense to go to the Tax Office to pay $3.00
  4. Apart from registration, what else can be expected from the Occupational Safety & Health Department (OSHD)?
  5. Where can I get copies of the exhibits (Factories Act / Regulations and Artificial Respiration Posters)?
  6. What is meant by "type of fire warning device"
  7. What do you mean by sanitary conveniences other than urinals?
  8. How long does it take for the Registration certificate to be issued?
  9. What is meant by "process or products"
  10. What is meant by "nature of mechanical power used"
  11. I have just moved to a new location, why am I being told to register for a period prior to my occupancy.
  12. What is meant by the factory's legal name
  13. What is my factory classified as?
  14. What is a prescribed disease?

Question 1: I am not a Manufacturer, why is my establishment considered a factory?
 
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.
 
Question 2: How do I go about registering my factory?
 
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.
 
Question 3: These registration fees are ridiculous, why should I incur expense to go to the Tax
  Office to pay $3.00?
 
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.
 
Question 4: Apart from registration, what else can be expected from the Industrial Safety
  Division, I.S.D?  
 
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.
 
Question 5: Where can I get copies of the exhibits (Factories Act / Regulations and Artificial
  Respiration Posters)?
 
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
 
Question 6: What type of fire warning device?
 
The types of fire warning devices available are the electric bell, gong or whistle.
 
Question 7: What do you mean by sanitary conveniences other than urinals?
 
Sanitary conveniences are also known as water closets (toilets).
 
Question 8: How long does it take for the Registration certificate to be issued?
 
The Registration certificates are issued within 30 days.
 
Question 9: What is meant by "process or products"?  
  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.  
Question 10: What is meant by "nature of mechanical power used"?  
  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.  
Question 11: I have just moved to a new location, why am I being told to register for a period  
prior to my occupancy?  
  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.  
Question 12: What is meant by the legal name?  
  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.  
Question 13: What is my factory classified as?  
  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.  
Question 14: What is a prescribed disease?  
  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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