The Employment Medical Advisory Service (Factories Act Orders etc. Amendment) Order 1973

• Citation: S.I. 1973/36
• Sections: 15

Section 1 Citation, commencement and revocation

(1) This Order may be cited as the Employment Medical Advisory Service (Factories Act Orders etc. Amendment) Order 1973 and shall come into operation on 1st February 1973.

(2) The Mule Spinning and Pottery Appointed Doctor (Amendment) Regulations 1963 are hereby revoked.

Section 2 Interpretation

The Interpretation Act 1889 shall apply to the interpretation of this Order as it applies to the interpretation of an Act of Parliament, and as if this Order and the Regulations hereby revoked were Acts of Parliament.

Section 3 Amendments of Instruments

In the instruments mentioned in Part II of the Schedule to this Order there shall be made the amendments specified in relation to them in the second column of that Part, subject to the provisions of Part III of the said Schedule.

Section 1

This Order shall not affect the validity of anything done before the coming into operation of this Order by or in relation to a medical practitioner acting for the purposes of any instrument amended by this Order.

Section 2

A person, for whom it is unlawful immediately before the coming into operation of this Order to be employed or work in employment of any description in consequence of having been suspended from such employment in pursuance of a provision amended by this Order, shall not be employed or work in such employment unless an employment medical adviser or an appointed doctor as defined in Part I of this Schedule has certified that person is fit for such employment.

Section 3

A medical practitioner who immediately before the coming into operation of this Order is a person authorised by the Chief Inspector of Factories under any of the instruments specified in Part II of this Schedule to perform functions for the purposes of those instruments shall be deemed for those purposes to be an appointed doctor as defined in Part I of this Schedule until that authority is revoked under this paragraph by the Chief Employment Medical Adviser or a Deputy Chief Employment Medical Adviser.

Section 4

Certificates of approval given before the coming into operation of this Order by the Chief Inspector of Factories for the purposes of the Lead Processes (Medical Examinations) Regulations 1964, Regulation 32(2) of the Ionising Radiations (Unsealed Radioactive Substances) Regulations 1968 and Regulation 29(2) of the Ionising Radiations (Sealed Sources) Regulations 1969 shall remain in force until revoked under this paragraph by certificate of the Chief Employment Medical Adviser or a Deputy Chief Employment Medical Adviser.

Section 5

A person employed, in respect of whom an employment medical adviser or an appointed doctor has, to the knowledge of the occupier or his agent, by signed and dated entry in the health register recorded his opinion that the continued employment of that person in a lead process or at the roller mills would involve special danger to his health, shall not be employed in any such process or place unless that entry has been cancelled by a further entry made by an employment medical adviser or an appointed doctor

Section 10

A person employed, in respect of whom an employment medical adviser or an appointed doctor has, to the knowledge of the occupier or his agent, by signed and dated entry in the health register recorded his opinion that the continued employment of that person in an enamelling process would involve special danger to his health, shall not be employed in any such process unless that entry has been cancelled by a further entry made by an employment medical adviser or an appointed doctor

Section 12

No person shall work in a lead process or at the roller mills while it is to his knowledge unlawful under Regulation 5 for him to be employed in such a process or place

Section 15

No person shall work in a lead process or a fume process while it is to his knowledge unlawful under Regulation 12 for him to be employed in such a process

Section 18

No person shall work in a lead process while it is to his knowledge unlawful under Regulation 13 for him to be employed in such a process

Section 24

No person shall work in a lead process while it is to his knowledge unlawful under Regulation 11 for him to be employed in such a process

Section 30 Notice of unfitness for certain employments

(1) A person employed, in respect of whom an employment medical adviser or an appointed doctor has, to the knowledge of the occupier or his agent, by signed and dated entry in the health register recorded his opinion that the continued employment of that person in work as a classified worker or in a radiation area would involve special danger to his health, shall not be employed in any such work unless that entry has been cancelled by a further entry made by an employment medical adviser or an appointed doctor, and no person shall perform any such work while it is to his knowledge unlawful under this paragraph for him to be employed in such work.

(2) The occupier shall forthwith notify the inspector for the district of the making of any entry by an employment medical adviser or an appointed doctor recording his opinion as aforesaid.

Section 33 Notice of unfitness for certain employments

(1) A person employed, in respect of whom an employment medical adviser or an appointed doctor has, to the knowledge of the occupier or his agent, by signed and dated entry in the health register recorded his opinion that the continued employment of that person in work as a classified worker or in total enclosures, active areas, decontamination areas, radiation areas or tracer areas would involve special danger to his health, shall not be employed in any such work unless that entry has been cancelled by a further entry made by an employment medical adviser or an appointed doctor, and no person shall perform any such work while it is to his knowledge unlawful under this paragraph for him to be employed in such work.

(2) The occupier shall forthwith notify the inspector for the district of the making of any entry by an employment medical adviser or an appointed doctor recording his opinion as aforesaid.