Shops and Offices Act 1955
Shops and Offices Act 1955
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Shops and Offices Act 1955
Shops and Offices Act 1955
Public Act |
1955 No 32 |
|
Date of assent |
20 October 1955 |
|
Contents
An Act to consolidate and amend the law relating to shops, offices, warehouses, and stores.
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:
1 Short Title.
(1)
This Act may be cited as the Shops and Offices Act 1955.
Commencement.
(2)
This Act shall come into force on the fifth day of February, nineteen hundred and fifty-six.
Division into Parts.
(3)
This Act is divided into Parts as follows:
Part I—Shops. (Sections 3 to 20.)
Part II—Offices. (Sections 21 and 22.)
Part III—Safety, Health, and Welfare. (Sections 23 to 29.)
Part IV—General Provisions. (Sections 30 to 50.)
2 Interpretation.
1921–22, No. 46, ss. 2, 28, 29, 36 1927, No. 53, s. 29 1936, No. 11, ss. 2, 12 1951, No. 11, s. 2 1946, No. 43 Reprinted, 1951, p. 935 1954, No. 72 1946, No. 43
(1)
In this Act, unless the context otherwise requires,—
“Assistant” means a shop assistant, an office assistant, a warehouse assistant, or a store assistant, as the case may require:
“Award” means an award made by the Court of Arbitration:
“Business” means any profession, trade, manufacture, or undertaking carried on for pecuniary gain; and includes the operations of any local authority, public body, society, or other body of persons of any kind, whether incorporated or not:
“Chemist” means a person whose business is to sell medicines, drugs, herbal remedies, patent foods, surgical appliances, toilet requisites, or photographic requisites, and whose principal business is to sell medicines, surgical appliances, or herbal remedies:
“Closing day”, in relation to a shop, means the weekly closing day (if any) provided for that shop by a provision included in an award under paragraph (b) of subsection one of section three of this Act:
“Early closing day”, in relation to a shop, means the working day (if any) in any week for which an earlier hour of closing is fixed for that shop by any award than for any other working day in that week:
“Exempted goods” has the meaning assigned to that term by subsection two of section six of this Act:
“Factory” means a factory within the meaning of the Factories Act 1946:
“Free day”, in relation to a shop assistant, means a free day provided for him under paragraph (d) of subsection one of section fourteen of this Act:
“Goods” includes all chattels personal other than money or things in action:
“Holiday”, in relation to a shop or a shop assistant, means a holiday prescribed by an award relating to that shop or assistant; but does not include a Sunday or a closing day or a free day:
“Hotel” means any premises in respect of which a publican’s licence under the Licensing Act 1908 is for the time being in force; and includes any building or place in which is carried on exclusively the business of a private hotel or a boardinghouse, and in which the number of boarders is usually five or more or the number of persons employed other than members of the family of the occupier is usually two or more. For the purposes of this definition the sale of exempted goods shall be deemed to be portion of the business of a hotel. Where a part only of a building or place is used for any such business that part alone constitutes the hotel:
“Industrial agreement” means an industrial agreement filed under the Industrial Conciliation and Arbitration Act 1954:
“Inspector” means an Inspector of Factories appointed under the Factories Act 1946:
“Late closing day”, in relation to a shop, means the working day (if any) in any week for which a later hour of closing is fixed for that shop by any award than for any other working day in that week:
“Minister” means the Minister of Labour:
“Occupier” means the person occupying any building or place used or intended to be used as a shop, office, warehouse, or store; and includes any agent, manager, foreman, or other person acting or apparently acting in the general management or control of a shop, office, warehouse, or store; and, where a shop, office, warehouse, or store is occupied by a body of persons, whether incorporated or not, also includes the working manager; and also has the extended meaning assigned to it by subsection two of this section:
“Office” means any building in which any person is employed, directly or indirectly, to do any clerical work in connection with any business carried on therein by the occupier thereof; but does not include any building or room in which the clerical work of a factory or shop is carried on if situated within the factory or shop:
“Office assistant”, in relation to an office, means any person employed in the office:
“Ordinary working day”, in relation to a shop, means a working day that is not an early closing day or a late closing day:
“Prescribed” means prescribed by this Act or by regulations made under this Act:
“Restaurant” means any building or place other than a hotel in which is carried on exclusively the business of selling meals or refreshments to the general public for consumption on the premises; and includes any building or place in which is carried on exclusively the business of a tea room or an oyster saloon. For the purposes of this definition the sale of exempted goods shall be deemed to be portion of the business of a restaurant. Where a part only of a building or place is used for any such business that part alone constitutes the restaurant:
“Safety, health, and welfare rules” means the rules set out in the First Schedule to this Act:
“Sanitary conveniences” includes urinals, water closets, earth closets, privies, and any similar conveniences:
“Shop” means any building or place in which goods are kept, exposed, or offered for sale, or in which any part of the business of a shop is conducted; and includes a hotel, a restaurant, a hairdressing saloon, an auction mart, and an automatic vending machine; but does not include—
(a)
A private dwelling in which the household effects of the owner or occupier thereof are being sold by auction or otherwise; or
(b)
Any building or place in which is carried on exclusively the business of selling by auction agricultural or pastoral products, including livestock; or
(c)
Any warehouse; or
(d)
Any private hotel or boardinghouse which is not a hotel as hereinbefore defined,—
and the term “shop”
also has the extended meaning assigned to it by subsection two of this section:
“Shop assistant”, in relation to any shop, means any person other than the wife or husband of the occupier, as the case may be, who is employed by the occupier of the shop in connection with the business of the shop; and includes,—
(a)
Apprentices and improvers; and
(b)
All persons in the occupier’s employment who are engaged in selling or delivering his goods or canvassing for orders for his goods, whether those persons are at any time actually employed inside the shop or not; and
(c)
Any person who by reason of his employment in the general management or control of the shop is deemed to be an occupier of the shop and whose wages do not exceed twelve pounds a week in the case of males, or eight pounds a week in the case of females, or such other rate of wages in either case as may from time to time be prescribed,—
but in relation to a hotel does not include any person employed therein as an engineer, an electrician, or a clerk; and the term “shop assistant”
also has the extended meaning assigned to it by subsection two of this section:
“Store” means any building or place in which goods are kept; but does not include a shop or warehouse:
“Store assistant”, in relation to a store, means any person employed in the store:
“Warehouse” means any building or place in which is carried on the business of selling goods to persons who are dealers therein and who buy to sell again:
“Warehouse assistant”, in relation to a warehouse, means any person employed in the warehouse:
“Week” means the period from midnight on Saturday up to and including midnight on the following Saturday:
“Weekday” means any day in the week except Sunday:
“Working day”, in relation to a shop, means any weekday other than a closing day or a holiday.
(2)
With respect to hawkers and other persons who carry on business by selling or offering goods for sale by retail otherwise than in a shop the following provisions shall apply:
(a)
Every such person shall be deemed to be the occupier of a shop, and every assistant employed by him in or about that business shall be deemed to be a shop assistant within the meaning of this Act:
(b)
Every such person shall be deemed to keep a shop open whenever and wherever for the time being he is selling or offering goods for sale by retail or delivering goods to customers.
(3)
For the purpose of determining whether or not any building or place is a shop or a hotel or a restaurant within the meaning of this Act no account shall be taken of any business carried on therein which is not part of the business of a shop.
1946, No. 43
(4)
Where a person is employed by the same employer in more than one of the establishments of a shop, an office, a warehouse, a store, or a factory, he shall be deemed for the purposes of this Act and of the Factories Act 1946, to be exclusively employed in that establishment in which he is chiefly employed. Any question as to which establishment any such person is chiefly employed in shall be determined by an Inspector, whose decision thereon shall be final and conclusive.
(5)
For the purposes of this Act a class of business shall be deemed to be substantially carried on in any shop if, but only if, the proportion which the value of the turnover of that class of business bears to the value of the turnover of all business carried on in the shop is not less than twenty per cent, or such greater proportion as may be fixed in that behalf by any provision included in an award under section three of this Act.
(6)
A shop shall be deemed not to be closed within the meaning of this Act if it is not locked or otherwise effectually closed against the admission of the public; or if the occupier or any of his assistants are engaged in the sale of goods, or in canvassing for orders, or in delivering goods to customers:
Provided that—
(a)
Where a shop has a common entrance with a factory or an office it shall be sufficient for the purposes of this Act if that entrance is closed but not locked:
(b)
In the case of an automatic vending machine, it shall be sufficient for the purposes of this Act if either the machine is locked so that goods cannot be obtained from it or all goods are removed from the machine:
(c)
A shop shall not be deemed to be open merely by reason of the fact that newspapers are being sold or delivered away from the shop on any weekday:
(d)
A shop which is an auction mart shall not be deemed to be open merely by reason of the fact that it is open for the admission of the public to attend a sale by auction of property other than goods.
Part I Shops
Closing of Shops
3 Fixing of opening and closing hours of shops by Court of Arbitration.
1921–22, No. 46, s. 69(1), (4) 1945, No. 38, s. 3(1), (2)
(1)
In any award relating to the employment of shop assistants the Court of Arbitration, having regard to all relevant considerations, may do all or any of the following things:
(a)
Fix the hour of opening or the hour of closing or both on any day of any shops in which is substantially carried on any class of business to which the award relates in any industrial district in which the award has effect, or in any specified part of any such district, irrespective of whether or not any assistants are employed in those shops:
(b)
Provide that those shops shall be closed for the whole of one weekday in each week (which weekday shall be Saturday unless another day is specified in the award):
(c)
Provide that those shops shall be closed for the whole of any holiday prescribed by the award:
(d)
Provide that those shops shall not be required to be closed during such hours on Sunday (if any) as may be specified in the award:
(e)
Specify for the purposes of this Act the classes of goods comprised in any class of business to which the award relates:
(f)
Fix any proportion (being not less than twenty per cent) as the proportion which the value of the turnover of any class of business must bear to the value of the turnover of all business carried on in a shop before that class of business is deemed for the purposes of this Act to be substantially carried on in the shop:
Provided that no provision shall be included in any award under paragraph (d) of this subsection except with the prior consent of the Minister.
(2)
Any provision included in an award under this section—
(a)
May make different provisions in respect of different classes of shops or in respect of different shops of the same class:
(b)
May be unconditional or subject to conditions.
(3)
For the purposes of this section—
1954, No. 72
(a)
The matters referred to in subsection one of this section shall be deemed to be industrial matters within the meaning of the Industrial Conciliation and Arbitration Act 1954:
(b)
The occupier of every shop, whether employing assistants or not, shall be deemed to be an employer within the meaning of the Industrial Conciliation and Arbitration Act 1954.
(4)
In any proceeding before the Court of Arbitration in relation to any of the matters referred to in this section—
(a)
Any organization shall be entitled to appear and to be heard in respect of any such matter as if it were a party to the proceeding, if in the opinion of the Judge the organization or the members thereof may be affected by any result of the proceeding in respect of that matter:
(b)
Notwithstanding anything to the contrary in the Industrial Conciliation and Arbitration Act 1954, the Court shall not make an award without a hearing unless the Judge of the Court so directs.
(5)
Where by any award a late closing day is fixed for any shop in any week, then, unless provision is made in the award to the contrary, that day shall be the last working day in that week that is not an early closing day.
(6)
Every person who commits a breach of any award in relation to any of the matters referred to in this section commits an offence against this Act and shall be liable accordingly. Nothing in this subsection shall affect the liability of any person for an offence against the Industrial Conciliation and Arbitration Act 1954, but no person shall be punished under that Act and under this Act for the same offence.
4 Sunday trading.
(1)
Except as otherwise provided by this Act or by any provision included in an award under section three of this Act, every shop shall be closed during the whole of Sunday.
(2)
Section eighteen of the Police Offences Act 1927 is hereby amended as follows:
(a)
By omitting from subsection two the word “shop”
:
1948, No. 77
(b)
By adding to subsection three (as amended by section thirty-nine of the Statutes Amendment Act 1948) the words “or to any person carrying on or working in the business of a shop within the meaning of the Shops and Offices Act 1955”
:
(c)
By repealing subsections four, four A, and five.
(3)
The following enactments are hereby consequentially repealed:
1949, No. 40
(a)
Subsection six of section thirteen of the Government Railways Act 1949:
1949, No. 51
(b)
Section forty-two of the Statutes Amendment Act 1949.
5 Closing in one shop carrying on two or more classes of business.
1921–22, No. 46, s. 30 1927, No. 53, s. 12
(1)
Where the occupier of a shop carries on two or more classes of business in one building or place or in buildings or places adjacent to one another, those businesses shall be deemed to be carried on in one shop.
(2)
Where a particular class of business is not substantially carried on in any shop, and any goods comprised in that class of business are at any time sold or exposed for sale in that shop, then, subject to subsection three of this section, that shop shall be closed at all times when it would have been required by or under this Act to be closed if that class of business had been substantially carried on in the shop:
Provided that nothing in this subsection shall be deemed to require the shop to observe an hour of closing earlier than half past five o’clock in the afternoon on any ordinary working day for shops in which that class of business is substantially carried on, or earlier than nine o’clock in the evening on any late closing day for shops in which that class of business is substantially carried on:
Provided also that if no late closing day is provided by any award for shops in which that class of business is substantially carried on, this subsection shall apply as if the last ordinary working day in any week for such shops were a late closing day for such shops.
(3)
Where a shop is required by or under this Act to be closed at any time by reason of the fact that any goods comprised in a particular class of business are sold or exposed for sale in that shop, it shall not be necessary for the shop to be closed at any such time if during that time—
(a)
No such goods are sold or exposed for sale in or from the shop; and
(b)
All such goods in the shop are kept in a part of the shop which is kept securely locked to the satisfaction of an Inspector so that in the opinion of an Inspector no person can see them and no person other than the occupier can have access to them:
Provided that, where an Inspector is satisfied that any such goods are kept in a part of the shop where no member of the public can see them at any time whatsoever, the Inspector may dispense with the requirement that that part of the shop be kept securely locked:
Provided also that, where any such goods are kept in a shop window, it shall be sufficient if the shop window is kept securely locked to the satisfaction of an Inspector.
6 Exempted goods.
(1)
Nothing in this Act or in any award shall require or be deemed to require any shop to be closed at any time solely by reason of the fact that exempted goods are sold or exposed for sale in or from the shop.
(2)
For the purposes of this Act the term “exempted goods”
means—
(a)
Tobacco, cigarettes, cigarette papers, cigars, and matches:
(b)
Confectionery and sweetmeats:
(c)
Milk, cream, eggs, butter, and cheese:
(d)
Motor spirits, petrol, and oil:
(e)
Motor accessories that are urgently and necessarily required for the functioning of a motor vehicle:
(f)
Fruit, vegetables, and flowers, if sold or exposed for sale by the grower thereof on the premises where they are grown:
(g)
Goods of a class exempted from the provisions of this Act relating to the closing of shops by the Governor-General by Order in Council under this section.
(3)
The Governor-General may from time to time, by Order in Council, either unconditionally or subject to conditions, exempt from the provisions of this Act relating to the closing of shops any specified class of goods, and may in like manner amend or revoke any such Order in Council.
(4)
Every Order in Council under this section shall come into force on the date of its notification in the Gazette, or on such later date as may be specified therein in that behalf.
(5)
The Minister may from time to time appoint a committee to consider and report on proposals to grant or amend or revoke exemptions under this section; and no Order in Council shall be made under this section except after consideration of the report of such a committee on the proposal to make the order.
1951, No. 79
(6)
There shall be paid out of money appropriated by Parliament for the purpose to the members of any committee appointed under this section (other than persons in the service of the Crown) remuneration by way of fees, salary, or allowances and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act shall apply accordingly as if any such committee were a statutory Board within the meaning of that Act.
7 Sale of medicines and surgical appliances.
1921–22, No. 46, s. 35(4)
(1)
Nothing in this Act shall render it unlawful for the occupier of any chemist’s shop to sell medicines or surgical appliances that are urgently required at any time when the shop is otherwise required by or under this Act to be closed, if—
(a)
The shop is opened for that purpose only; and
(b)
The shop is closed immediately after the sale is made; and
(c)
The door of the shop is kept locked, except for the admission and exit of the customer.
(2)
The Minister may from time to time, by writing under his hand, either wholly or partially and either unconditionally or subject to conditions, exempt the occupier of any chemist’s shop from any provision of this Act or of any award requiring the shop to be closed at any time.
(3)
Without limiting the generality of subsection two of this section, it is hereby declared that any exemption under this section may be granted subject to the condition that the occupier of the shop shall observe a specified roster or time-table involving the occupiers of other specified chemists’ shops.
(4)
Any exemption granted under this section may at any time be revoked or varied by the Minister by writing under his hand.
(5)
Subject to subsection four of this section, any exemption granted under this section in respect of any shop shall continue to apply to that shop, notwithstanding that the occupier for the time being of the shop may not be the person who was the occupier when the exemption was granted, and, in the case of an exemption from any provision of an award, notwithstanding the provisions of any award made in substitution therefor:
Provided that if the shop ceases to be a chemist’s shop the exemption shall thereupon cease to apply to the shop.
8 Sale of motor spirits, etc.
1921–22, No. 46, s. 72 1927, No. 53, s. 28
Nothing in this Act shall render it unlawful for the occupier of a shop to sell motor spirits, petrol, oil, or motor accessories that are urgently and necessarily required for the functioning of a motor vehicle at any time when the shop is otherwise required by or under this Act to be closed, if—
(a)
The shop is opened for that purpose only; and
(b)
The shop is closed immediately after the sale is made; and
(c)
The door of the shop is kept locked, except for the admission and exit of the customer.
9 Telephonic, telegraphic, or postal business.
1927, No. 53, s. 8(l)
Nothing in this Act shall render it unlawful for the occupier of a shop in which telephonic, telegraphic, or postal business is carried on on behalf of the Postmaster-General to open the shop for the purpose of any such business at any time when the shop is otherwise required by or under this Act to be closed, if—
(a)
The shop is opened for that purpose only; and
(b)
The shop is closed immediately after the business is concluded; and
(c)
The door of the shop is kept locked, except for the admission and exit of the person with whom the business is conducted.
10 Exemptions from closing provisions may be granted by Magistrates’ Courts.
1927, No. 53, s. 19 1945, No. 38, s. 3(3) 1948, No. 77, s. 44 1949, No. 51, s. 54
(1)
The occupier of any shop which is required to be closed at any time by any provision of this Act or of any award may apply to a Magistrate’s Court for total or partial exemption from that provision.
(2)
The applicant shall cause notice of any such application to be published in some newspaper approved for the purpose by the Registrar of the Magistrate’s Court, and to be sent to the Inspector, and to every industrial union of workers registered in respect of shop assistants employed in the particular trade in the locality, and to every industrial union of employers registered or organization of employers functioning in respect of the occupiers of shops in the particular trade in the locality.
(3)
Every such notice shall be in a form approved by the Registrar of the Magistrate’s Court, and shall show the following particulars:
(a)
The name of the applicant:
(b)
The situation of the shop:
(c)
The class or classes of business substantially carried on in the shop:
(d)
The provision from which exemption is sought:
(e)
The nature of the exemption sought:
(f)
The grounds of the application:
(g)
Such other particulars as may be prescribed.
(4)
At the hearing of any such application—
(a)
Any occupier of a shop affected, and any representative of any such union of workers, and any representative of any such union or organization of employers, and any Inspector shall be entitled to appear and to be heard:
(b)
Any organization shall be entitled to appear and to be heard if in the opinion of the Court the organization or the members thereof may be affected by any result of the proceeding.
(5)
Subject to subsection six of this section, the Court, in its discretion, may refuse any such application for exemption, or may by order grant the application either wholly or partly and either unconditionally or upon or subject to such conditions as the Court thinks fit.
(6)
The Court may make an order granting exemption as aforesaid if the Court is satisfied that it is desirable in the public interest to do so. In determining whether or not to make an order, and in making an order, the Court shall have regard to the interest of the occupier of any other shop that may be affected, but shall also have regard to the desirability of providing service to the public at all reasonable times, particularly in the case of any shop situated at a holiday resort.
(7)
Any order made under this section may at any time be revoked or varied by a Magistrate’s Court on application by the occupier of any shop affected by the order or by any such union of workers or union or organization of employers as aforesaid, and all the provisions of this section shall, as far as they are applicable and with the necessary modifications, apply to an application under this subsection.
(8)
Subject to subsection seven of this section, any order made under this section in respect of any shop shall continue to apply to that shop, notwithstanding that the occupier for the time being of the shop may not be the person who was the occupier when the order was made, and, in the case of an order relating to an award, notwithstanding the provisions of any award made in substitution therefor:
Provided that if any occupier carries on in the shop any class of business which was not carried on in the shop when the order was made the order shall thereupon cease to apply to that shop.
11 Bookstalls at passenger transport stations.
1927, No. 35, s. 18(4), (4a), (5) 1949, No. 40, s. 13(6) 1949, No. 51, s. 42
(1)
The Minister may from time to time, by warrant under his hand addressed to any person, authorize that person, either by himself or by his employee or employees, to open for business any bookstall at any public passenger transport terminal or station where public passenger transport services are running, and carry on the ordinary business thereof on such day or days and during such times as may be specified in the warrant, and upon and subject to such conditions as may be so specified.
(2)
The Minister may at any time, in like manner, revoke or vary any such warrant.
(3)
Any person acting under and in accordance with the authority contained in any such warrant shall be exempt from any provision of this Act or of any award requiring shops to be closed at any time specified in the warrant as aforesaid.
12 Exemptions from closing provisions not to affect other provisions of awards.
1954, No. 72
Where in respect of any shop a total or partial exemption from any provision of this Act or of any award requiring the shop to be closed at any time is in force under section seven or section ten or section eleven of this Act, all the other provisions of the award (if any) in which that provision is included, and all the provisions of any other award, in so far as they apply to the shop, shall continue to apply to that shop, subject to any amendment that may be made to any such award under the Industrial Conciliation and Arbitration Act 1954 or under section forty-nine of this Act:
Provided that nothing in any award shall render it unlawful for the occupier to employ assistants during any time when the shop is permitted by the exemption to be open.
Hours of Employment in Shops
13 Hours of commencement and termination of employment of boys and females.
1921–22, No. 46, ss. 3(3), 4(2) 1927, No. 53, ss. 3, 4
(1)
No person under the age of sixteen years shall be employed in connection with the business of any shop, or shall be engaged, whether under a contract of service or otherwise, in connection with the delivery of milk or newspapers, before seven o’clock in the morning:
Provided that a person whose age is not less than fourteen years may be employed or engaged in connection with the delivery of milk and a person whose age is not less than twelve years may be employed or engaged in connection with the delivery of newspapers at any time not earlier than six o’clock in the morning.
(2)
No assistant who is a male under the age of eighteen years or a female shall be employed in connection with the business of a shop after half past ten o’clock in the evening.
14 Limiting hours of employment of shop assistants.
1921–22, No. 46, s. 22(1) 1936, No. 11, s. 3 1945, No. 38, s. 2(1), (5), (6)
(1)
Subject to the provisions of this Act, no shop assistant shall be employed in connection with the business of a shop—
(a)
For more than forty hours (excluding meal times) in any week; or
(b)
For more than eight hours (excluding meal times) on any day, except on one day in each week, when the employment may be for eleven hours (excluding meal times); or
(c)
For more than four and one-quarter hours continuously without an interval of one hour for a meal; or
(d)
At any time on either of such two free days in each week as the occupier in the case of each assistant thinks fit:
Provided that, in relation to an assistant who is employed in the delivery of milk or newspapers and in the receipt of payment therefor for not more than twelve hours in any week, paragraph (d) of this subsection shall be deemed to refer to only one free day in that week.
(2)
Notwithstanding anything in paragraph (c) of subsection one of this section, the period of four and one-quarter hours referred to therein may be extended in respect of the assistants employed in any shop to not more than five hours in cases where the occupier allows to those assistants an interval of not less than ten minutes for rest in every working period of not more than three hours.
(3)
Every shop assistant employed in connection with the business of a shop shall be employed continuously on each day except for meal times and for intervals of rest provided as required by subsection two of this section.
(4)
In any case where the meal time allowed to a shop assistant exceeds one hour the assistant shall, for the purposes of this Act, be deemed to be employed in connection with the business of the shop during that part of the meal time which exceeds one hour.
(5)
The occupier of every shop shall, except in exceptional circumstances previously approved by an Inspector, give seven days’ notice in writing to each assistant of any change in any free day fixed by the occupier for that assistant under paragraph (d) of subsection one of this section.
15 Extended hours.
1936, No. 11, s. 7(1), (2), (3)
(1)
Subject to section thirteen of this Act, any shop assistant not under the age of sixteen years may be employed during extended hours (that is to say, hours outside the limits prescribed for the assistant under section fourteen of this Act):
Provided that the assistant shall have at least one free day in each week on which extended hours shall not be worked:
Provided also that, in the case of a female assistant the extended hours—
(a)
Shall not exceed three hours on any day other than a free day:
(b)
Shall not exceed nine hours in any week:
(c)
Shall not exceed one hundred and twenty hours in any year ending with the thirty-first day of March:
Provided that the Minister may, in his discretion, subject to such conditions as he thinks fit, permit the voluntary working of extended hours (not exceeding eighty in any such year) after the one hundred and twenty hours have been worked by any such assistant.
(2)
No shop assistant who is employed during extended hours shall be employed for more than four and one-quarter hours continuously without an interval of at least three-quarters of an hour for rest and refreshment.
(3)
Every shop assistant who is employed during extended hours shall, at the first regular pay day thereafter, be paid therefor in accordance with an award or industrial agreement, or (if his employment is not subject to any award or industrial agreement) at not less than one-half as much again as his ordinary rate.
16 Payment for overtime worked unlawfully.
1936, No. 11, s. 22
Where any worker is actually employed in or about a shop during extended hours he shall be paid therefor in accordance with the provisions of subsection three of section fifteen of this Act, notwithstanding that the extension of hours may have been unlawful.
17 Special provisions as to hours of employment.
1921–22, No. 46, s. 9
In order to prevent any evasion or avoidance of the limitations imposed on the employment of shop assistants the following provisions shall apply in the case of every shop assistant:
(a)
The assistant shall not be employed in or about the shop or its business during meal times, or during the intervals for rest and refreshment:
(b)
The assistant shall be deemed to be employed in the shop if he in fact does any work in or about the shop, whether the occupier has assented thereto or not:
(c)
All work done for the occupier of the shop by the assistant elsewhere than in the shop (whether the work is or is not in connection with the business of the shop) shall be deemed to be done while the assistant is employed in the shop, and the time shall be counted accordingly.
18 Premiums in respect of shop assistants or learners.
1936, No. 11, s. 9
(1)
No premium shall be received by the occupier of any shop from any person whomsoever in respect of the employment of any shop assistant, or in respect of the teaching or training of any person in any trade or business carried on in the shop, unless the shop is approved as a school for learners in a trade or business by an Inspector and the payment is made pursuant to a written agreement that is approved for the purposes of this section by an Inspector.
(2)
An Inspector shall not approve any shop under this section as a school for learners in any trade or business unless he is satisfied that reasonable facilities are provided for learning the trade or business, and he may at any time withdraw his approval if he ceases to be so satisfied. An Inspector shall not approve any agreement under this section unless he is satisfied that the terms of the agreement are reasonable.
(3)
If the occupier commits any breach of the provisions of subsection one of this section, or any breach of the provisions of any agreement approved by an Inspector under this section, he shall be liable on summary conviction to a fine not exceeding ten pounds.
(4)
In any case where any money has been received in breach of this section (whether by way of deduction from wages or otherwise), or where any money has become payable by the occupier pursuant to an agreement approved for the purposes of this section, then, in addition to any other remedy therefor, and irrespective of any fine to which the occupier may be liable, the amount so received or payable may be recovered from the occupier in civil proceedings instituted by an Inspector in the name and on behalf of the person from whom the money was received, or to whom it is payable, as the case may be.
Hotels and Restaurants
19 Foregoing provisions not to apply.
1921–22, No. 46, s. 37 1936, No. 11, s. 11 1945, No. 38, s. 2(9)
Sections three to eighteen of this Act shall not apply to hotels or restaurants or to the assistants employed therein.
20 Limiting hours of employment of boys and females in restaurants.
1921–22, No. 46, s. 40 1927, No. 53, ss. 26, 30 1936, No. 11, s. 14 1946, No. 24, s. 3
(1)
Subject to the provisions of this section, no male assistant under the age of eighteen years and no female assistant shall be employed in or about a restaurant or the business of a restaurant before five o’clock in the morning or after half past ten o’clock in the evening.
(2)
Nothing in this section shall render it unlawful—
(a)
To employ any female assistant for not more than one hour immediately after half past ten o’clock in the evening of any day if she is over the age of eighteen years; or
(b)
To employ any female assistant in connection with any dance, banquet, or other social function, or the supplying of refreshments to patrons in any public dance hall between half past ten o’clock in the evening and midnight on any day if she is over the age of eighteen years, or between midnight and half past five o’clock in the morning on any day if she is over the age of twenty-one years,—
if provision for the conveyance of the assistant to her home on the completion of the work is made pursuant to an award or industrial agreement, whether by way of an additional payment or otherwise.
Part II Offices
21 Payment for overtime in offices.
1936, No. 11, s. 19
Subject to any agreement made between the assistant and his employer, every office assistant who is employed during extended hours (that is to say, hours in excess of forty in any week) and whose employment is not subject to an award or industrial agreement shall, at the first regular pay day thereafter, be paid therefor at not less than one-half as much again as his ordinary rate:
Provided that no assistant shall be entitled by virtue of this section to be paid by any one employer in respect of any period of two consecutive weeks a total amount by way of remuneration (including all money payable under this section) in excess of fifty pounds, or such other amount as may from time to time be prescribed.
22 Special provisions as to hours of employment.
1921–22, No. 46, s. 49(2), (3)
For the purposes of this Act an office assistant shall be deemed to be employed in the office—
(a)
While he in fact does any work in or about the office, whether the occupier has assented thereto or not:
(b)
While he is engaged in work connected with his employment in any place other than the office.
Part III Safety, Health, and Welfare
Safety, Health, and Welfare Rules
23 Rules to be complied with in shops, offices, warehouses, and stores.
1921–22, No. 46, s. 50 1951, No. 11, s. 3
The rules set out in the First Schedule to this Act shall at all times be complied with in every shop, office, warehouse, and store.
Requisitions by Inspector
24 Inspector may require any defect to be remedied.
1921–22, No. 46, s. 50(e), (f) 1951, No. 11, s. 3
In any case where in the opinion of an Inspector any safety, health, and welfare rule is not being complied with or is being insufficiently complied with in relation to any shop, office, warehouse, or store, or in any case where in the opinion of an Inspector there is any defect whatsoever in any shop, office, warehouse, or store, or in any equipment, fitting, appliance, tool, or method of work used or followed therein or in connection with the business thereof, the Inspector may, by requisition to the occupier, require that the rule be duly and properly complied with, or, as the case may be, that the defect be remedied to the satisfaction of the Inspector.
25 Form and service of requisitions.
1921–22, No. 46, s. 53(a), (b), (c) 1951, No. 11, s. 3
(1)
Every requisition by an Inspector under this Part of this Act shall be in writing under the hand of the Inspector.
(2)
A requisition to the occupier of a shop, office, warehouse, or store may be addressed to and served on the occupier under his usual business name or style.
(3)
A requisition to an occupier may be served either by delivering it to any person who comes within the definition of the term “occupier”
in section two of this Act, or by posting it by registered letter addressed to the occupier at the shop, office, warehouse, or store. A requisition so posted shall be deemed to have been served at the time when the registered letter would in the ordinary course of post be delivered.
(4)
The requisition, when served as aforesaid, shall bind every person who by virtue of the definition of the term “occupier”
in section two of this Act is deemed to be an occupier of the shop, office, warehouse, or store.
26 Appeal against requisitions.
1921–22, No. 46, s. 53 (d) to (g) 1951, No. 11, s. 3
(1)
If any occupier considers any requisition by an Inspector to be unreasonable he may appeal against it by filing in the Magistrate’s Court nearest to the shop, office, warehouse, or store a notice of appeal in the prescribed form, setting forth with reasonable particularity the grounds of the appeal. A copy of the notice of appeal shall be served on the Inspector.
(2)
The appeal shall be void unless the notice of appeal is duly filed as aforesaid within fourteen days after the date of service of the requisition.
(3)
Upon the notice of appeal being duly filed the Registrar of the Magistrate’s Court shall fix a time and place for the hearing of the appeal, being the earliest convenient time, and shall, by notice in the prescribed form, notify the appellant and the Inspector of the time and place fixed for the hearing of the appeal.
(4)
On the hearing of the appeal the Court may by order confirm, reverse, or modify the requisition, as it thinks fit, and the order shall be final and binding on all parties.
Miscellaneous
27 Liability of owner as to cost of alterations.
(1)
In any case where an Inspector has, by requisition to the occupier of any shop, office, warehouse, or store, required the occupier to do any thing or carry out any work which in the opinion of the occupier cannot be done or carried out without making alterations to the building in which the shop, office, warehouse, or store, or any part thereof is situated, the occupier, if he is not the owner of the building, may, within fourteen days after the requisition is served on him, serve a copy thereof on the owner or on the agent of the owner.
(2)
If the occupier duly serves a copy of the notice on the owner or his agent as aforesaid he shall be entitled to recover in any Court of competent jurisdiction from the owner, as a debt, such part of the cost of making the alterations as in the opinion of the Court is just and equitable having regard to all the circumstances of the case.
(3)
The owner or his agent shall have the right at any time within fourteen days after the copy of the requisition is served on him as provided in subsection one of this section to appeal to a Magistrate’s Court against the requisition, and the provisions of section twenty-six of this Act shall apply accordingly.
28 Power to order contravention to be remedied.
1921–22, No. 46, s. 61
(1)
If in any proceedings against any person for any offence against this Act, the defendant is the occupier of a shop, office, warehouse, or store, and the offence consists of failure to comply with any safety, health, or welfare rule or with any Inspector’s requisition, the Court, in addition to or instead of imposing a fine, may by order require the defendant to do any specified work or to adopt any specified means for the purpose of preventing further non-compliance with the rule or requisition, and may specify a time within which the order shall be obeyed. The time so specified may be extended by the Court on the application of the defendant.
(2)
If the Court makes the order instead of imposing a fine, the Court shall adjourn the proceedings until the expiry of the time specified in the order. If the order is duly obeyed the Court may, if it thinks fit, impose no fine in respect of the offence.
(3)
If default is made in duly obeying the order within the time or extended time specified in that behalf, the defendant commits an offence against this Act, and shall be liable on summary conviction to a fine not exceeding ten pounds for every day during which the default continues. Any fine imposed under this subsection shall be irrespective of any fine to which the defendant is liable in respect of the original offence.
29 Proceedings under other Acts.
1921–22, No. 46, s. 52 1951, No. 11, s. 3
Where it appears to an Inspector that any nuisance or defect in or in relation to a shop, office, warehouse, or store may be remedied or dealt with under any enactment relating to the public health or to local government more effectually than under this Act, the Inspector shall give notice of the nuisance or defect to a Medical Officer of Health or to a local authority having jurisdiction in the locality, and it shall be the duty of that Medical Officer or local authority, as the case may be, to take all necessary action under that enactment to cause the nuisance to be abated or the defect to be remedied.
Part IV General Provisions
Wages and Time Book
30 Wages and time book.
1921–22, No. 46, s. 12(1), (3), (5) 1936, No. 11, s. 20
(1)
In every shop, office, warehouse, or store in which one or more assistants are employed the occupier shall at all times keep in the prescribed form, or in such other form as may be approved by an Inspector, a record in English (called the wages and time book) showing, in the case of each assistant,—
(a)
The name of the assistant;
(b)
His age if under twenty-one years of age;
(c)
The kind of work on which he is usually employed;
(d)
The award or industrial agreement (if any) under which he is employed;
(e)
The hours of his employment during each day;
(f)
The wages paid on each pay day and the date thereof; and
(g)
Such other particulars as are prescribed.
(2)
The entry of the particulars hereinbefore referred to, or a memorandum in writing containing those particulars, shall, if the occupier so requires, be signed by the assistant at the time of the payment of his wages, and that signature shall operate as a receipt for the payment.
(3)
Every assistant who fails to sign the record as required by the occupier, or who wilfully signs an incorrect record, shall be liable on summary conviction to a fine not exceeding five pounds.
(4)
The wages and time book in use for the time being, and every such book used within the preceding five years, shall at all times be open to inspection by an Inspector.
(5)
An Inspector may at any time during ordinary working hours require the occupier to verify the entries in any wages and time book by statutory declaration, or in such manner and form as may be prescribed.
Exemptions
31 Exemption of bazaars and sales for religious and other purposes.
1921–22, No. 46, s. 54
This Act shall not apply to any bazaar, or sale of work, or other like method of raising money, carried on exclusively for religious, public, or charitable purposes for any period not exceeding two weeks.
32 Exemption of commercial travellers.
1921–22, No. 46, s. 71
This Act shall not apply to persons employed principally as bona fide commercial travellers, meaning thereby persons employed by merchants as commercial travelling agents for the purpose of selling goods to or seeking orders for goods from persons who are dealers therein and who buy to sell again.
Offences and Procedure
33 Offences by occupier.
1921–22, No. 46, s. 55
(1)
In every case where under this Act any requirement, obligation, rule, or provision is imposed or enacted or required to be complied with in respect of any shop, office, warehouse, or store (whether in connection with the premises, or the conduct of the business, or the treatment of persons employed, or otherwise), the occupier shall cause the requirement, obligation, rule, or provision to be complied with, and if it is not duly and faithfully complied with the occupier commits an offence against this Act.
(2)
In any case where under this Act any requisition of an Inspector is served on the occupier of any shop, office, warehouse, or store, and the requisition is not duly and faithfully complied with within such time as may be fixed by the requisition or by the Court on appeal, or, if no time for compliance is so fixed, within a reasonable time, the occupier commits an offence against this Act.
34 When dismissal of assistant breach of Act.
Where the employer of any assistant in a shop, office, warehouse, or store—
(a)
Dismisses the assistant; or
(b)
Suspends the assistant for a longer period than ten days; or
(c)
Alters the assistant’s position in his employment to his prejudice,—
and at any time within twelve months before the dismissal, suspension, or alteration of position the assistant—
(d)
Was entitled to some benefit under this Act, or had made or caused to be made a claim for any such benefit for himself or any other assistant, or had supported any such claim, whether by giving evidence or otherwise; or
(e)
Had alleged to any Inspector, whether orally or in writing, that any offence against this Act had been or was being or was about to be committed; or
(f)
Had given evidence in any proceedings under this Act,—
the employer commits an offence against this Act:
Provided that it shall be a defence to the employer if he proves that the assistant was dismissed or suspended or that his position was altered for a reason other than that the assistant had been entitled to any such benefit or had done any of the things mentioned in paragraphs (d), (e), and (f) of this section.
35 Offences by assistants.
1921–22, No. 46, s. 57
Every assistant in a shop, office, warehouse, or store who is employed in breach of this Act, or who causes an offence against this Act to be committed, commits an offence against this Act, and shall be liable on summary conviction to a fine not exceeding five pounds for each such offence.
36 Forgery and false entries, etc.
1921–22, No. 46, ss. 56, 66(6)
Every person commits an offence against this Act and shall be liable on summary conviction to a fine not exceeding one hundred pounds, or to imprisonment for a term not exceeding three months, who—
(a)
Forges, counterfeits, or fraudulently alters any certificate, consent, notice, requisition, or other document which an Inspector is authorized to give or issue under this Act, or any certificate of appointment of an Inspector; or
(b)
Uses any such document knowing it to be forged, counterfeited, or fraudulently altered; or
(c)
Personates any person named in any such document, or falsely pretends to be an Inspector; or
(d)
Gives or issues, or uses, any such document knowing it to be untrue in any material particular; or
(e)
Wilfully makes any false entry in any register, record, notice, or book required or authorized under this Act.
37 Obstruction of Inspector.
Every person commits an offence against this Act who—
(a)
Without reasonable cause delays an Inspector in the exercise of any of his powers or duties under this Act:
(b)
Fails to produce any document which he is required under this Act to produce:
(c)
Conceals or prevents, or attempts to conceal or prevent, any person from appearing before and being examined by an Inspector.
38 General penalty for offences.
1921–22, No. 46, s. 59
Every person who commits an offence against this Act or any regulation made under this Act for which no specific penalty is elsewhere provided shall be liable on summary conviction to a fine not exceeding twenty-five pounds for each such offence, and, if the offence is a continuing one, to a further fine not exceeding five pounds for each day on which the offence continues.
39 Proceedings to be taken by Inspector and heard before Magistrate alone.
1921–22, No. 46, s. 60
All proceedings in respect of offences or matters of complaint under this Act shall be taken in a summary way on the information or complaint of an Inspector, and shall be heard before a Magistrate alone.
40 Procedure.
1921–22, No. 46, ss. 60, 62 (d)–(k)
(1)
An Inspector who lays an information or makes a complaint in respect of any offence or matter under this Act shall not be called on to prove that he is an Inspector. Any such information or complaint may be proceeded with and conducted by the same or any other Inspector or by any person permitted by the Court to conduct it.
(2)
In any proceedings under this Act it shall be sufficient in the information or complaint to allege that a shop, office, warehouse, or store is a shop, office, warehouse, or store, and to state the name of the ostensible occupier of the shop, office, warehouse, or store, or the style or title under which the occupier is usually known or carries on business. Any information or complaint may from time to time be amended by the Court as to the actual name of the defendant.
(3)
In any proceedings under this Act it shall lie upon the defendant to bring himself under any exemption, proviso, excuse, or qualification; and it shall not be necessary for the same to be negatived in the information or complaint.
(4)
Several charges or complaints against the same person may be heard together if the Court thinks fit so to hear them, and charges and complaints against several persons may be heard together with the consent of the parties if the Court so orders; and in all such cases a witness sworn to give evidence in respect of one charge or complaint shall for all purposes be deemed to be a witness in respect of each charge or complaint.
(5)
In any proceedings on an information, any order which the Court is empowered to make may be made without a complaint being laid.
(6)
A conviction or order made in any matter arising under this Act, either originally or on appeal, shall not be quashed for want of form.
41 Right of appeal.
1921–22, No. 46, s. 63
The Inspector or the defendant, if dissatisfied with the judgment of the Court on any summary proceedings under this Act, may appeal to the Supreme Court in manner provided by the Justices of the Peace Act 1927.
42 Evidence of employment.
1921–22, No. 46, ss. 58, 65
(1)
In any proceedings against the occupier of a shop for employing any assistant therein in breach of this Act the fact of the assistant being found in the shop shall be conclusive evidence that he was then being employed therein, unless the defendant satisfies the Court that the assistant was not being employed.
(2)
If any person other than the occupier is engaged in any work in connection with the business of a shop, office, warehouse, or store, it shall lie on the occupier to show that that person is not an assistant in the shop, office, warehouse, or store.
43 Liability to penalty does not relieve from payment of wages.
1921–22, No. 46, s. 64
The fact that an occupier is liable to a fine or penalty under this Act for any offence shall not relieve him from his civil liability in respect of wages or other payments due by him.
Miscellaneous Provisions
44 Powers of Inspectors.
1921–22, No. 46, ss. 34, 66 1951, No. 11, s. 3
(1)
For the purposes of this Act every Inspector may—
(a)
Enter, inspect, and examine any shop, office, warehouse, or store at all reasonable hours by day and night, and enter, inspect, and examine by day any place which he has reasonable cause to believe to be a shop, office, warehouse, or store:
(b)
Take with him in either case a constable to assist him in the execution of his duty.
(2)
Every occupier of a shop, office, warehouse, store, or place who refuses to allow any such entry or inspection or examination commits an offence against this Act.
(3)
Every Inspector may examine, either alone or in the presence of another person, as he thinks fit, with respect to matters under this Act every person whom he finds in a shop, office, warehouse, or store, or whom he has reasonable cause to believe to be or to have been within the preceding two months employed in a shop, office, warehouse, or store, and may require any such person to make and sign a statutory declaration of the matters in respect of which he is so examined:
Provided that on any examination or inquiry by an Inspector no person shall be required under this section to answer any question tending to incriminate himself.
1946, No. 43
(4)
Every Inspector shall be furnished with a certificate of his appointment in the form prescribed under the Factories Act 1946, and on applying for admission to a shop, office, warehouse, or store, he shall, if required, produce the certificate to the occupier.
(5)
Every Inspector may require the occupier of any shop to make a statutory declaration as to the business or businesses substantially carried on in the shop, or as to all or any goods sold in the shop, or may require the occupier to furnish the Inspector with such other evidence as he may possess in respect of any such matters.
45 Matters may be completed by different Inspector.
Notwithstanding anything to the contrary in the foregoing provisions of this Act, if an Inspector has issued any requisition or given any direction, exemption, authorization, or consent, whether upon or subject to any conditions or not, the same or any other Inspector may withdraw the requisition or take further steps thereon, or revoke or from time to time vary the direction, exemption, authorization, or consent, or any condition upon or subject to which it has been given.
46 Information obtained not to be divulged.
(1)
No information obtained by any Inspector or other person under any of the powers conferred by this Act or by any regulations made under this Act shall be communicated to any person or made use of except for the purposes of this Act.
(2)
Every person who acts in contravention of this section commits an offence against this Act.
47 Regulations.
1921–22, No. 46, s. 67
(1)
The Governor-General may from time to time, by Order in Council, make regulations for any purpose for which regulations are contemplated or required by this Act, and may make all such other regulations as may in his opinion be necessary or expedient for giving full effect to the provisions of this Act and for the due administration thereof.
(2)
Regulations made under this Act may be so made as to apply generally throughout New Zealand, or within any specified part or parts thereof, or within the whole of New Zealand except such part or parts as may be specified in the regulations.
(3)
Regulations made under this Act may be so made as to apply to all shops, offices, warehouses, or stores or to any class of shops, offices, warehouses, or stores or parts of shops, offices, warehouses, or stores, and may provide for the exemption of any specified class of shops, offices, warehouses, or stores either absolutely or subject to conditions.
(4)
Regulations made under this Act may impose duties not only on occupiers, but also on owners of shops, offices, warehouses, or stores, or premises in which shops, offices, warehouses, or stores are situated, and on other persons.
48 Act to be administered by Labour Department.
1954, No. 71
This Act shall be administered by the Department of Labour established under the Labour Department Act 1954, and the First Schedule to that Act is hereby accordingly amended by omitting the reference to the Shops and Offices Act 1921–22, and substituting a reference to this Act.
Transitional Provisions
49 Amendment of awards in relation to opening and closing hours and exemptions.
(1)
The Court of Arbitration may, at any time while any award made before the commencement of this Act is in force, amend the award for all or any of the following purposes:
(a)
Including in the award any such provision as is referred to in subsection one of section three of this Act:
(b)
Amending or revoking any such provision as is referred to in paragraph (e) or paragraph (f) of subsection one of section three of this Act:
(c)
Making such special provision as the Court deems necessary by reason of the granting or possible granting of any exemption under section seven or section ten or section eleven of this Act.
(2)
For the purposes of this Act any application for any of the purposes specified in paragraphs (a) and (b) of subsection one of this section shall be deemed to be an application under section three of this Act.
1954, No. 72
(3)
Subsections two to four of section one hundred and sixty-two of the Industrial Conciliation and Arbitration Act 1954 shall apply to any amendment under this section, but so that an application may be made under the said subsection two by any party bound by the award, whether an original party or not.
Repeals and Savings
50 Repeals and savings.
(1)
The enactments specified in the Second Schedule to this Act are hereby repealed.
(2)
Without limiting the provisions of the Acts Interpretation Act 1924, it is hereby declared that the repeal of any provision by this Act shall not affect any document made or any thing whatsoever done under the provision so repealed or under any corresponding former provision, and every such document or thing, so far as it is subsisting or in force at the time of the repeal and could have been made or done under this Act, shall continue and have effect as if it had been made or done under the corresponding provision of this Act and as if that provision had been in force when the document was made or the thing was done.
SCHEDULES
FIRST SCHEDULE Safety, Health, and Welfare Rules for Shops, Offices, Warehouses, and Stores
Section 23
1 Noxious or Dangerous Liquids, Gases, or Materials.
(1)
Every container holding any noxious or dangerous liquid, gas, or material shall be securely stored.
(2)
Without limiting the generality of subclause (1) of this rule, it is hereby declared that—
(a)
Dangerous goods as defined in the Explosive and Dangerous Goods Act 1908 shall be stored as provided for therein or in any regulations for the time being in force made thereunder:
(b)
Dangerous drugs as defined in the Dangerous Drugs Act 1927 shall be stored as provided for therein or in any regulations for the time being in force made thereunder.
(3)
Cylinders or bottles containing gas shall be stored horizontally on chocks or on properly constructed racks in such positions that they will be protected from heat or damage.
2 Precaution Where Assistants Are Employed Under Loads.
In any case where any assistant is engaged in any work under something which has been raised or lifted for the purpose of enabling the work to be done, supports shall be placed under that thing to ensure that it does not drop or is not lowered while the assistant is so engaged.
3 Limitation of Loads to be Carried.
No assistant shall be employed to lift, carry, or move any load so heavy as to be likely to cause injury to him.
4 Safe Means of Access and Safe Place of Employment.
(1)
There shall, as far as reasonably practicable, be provided and maintained safe means of access to every place at which any assistant has at any time to work.
(2)
Without limiting the generality of subclause (1) of this rule, it is hereby declared that there shall be two safe means of access, remotely separated from each other, in the case of any basement where the area exceeds 1,000 square feet.
(3)
Where any assistant is to work at a place from which he is liable to fall a distance more than ten feet, then, unless the place is one which affords secure foothold and, where necessary, secure handhold, means shall be provided, as far as reasonably practicable, by fencing or otherwise for ensuring his safety.
(4)
Sufficient space shall be provided by the occupier in every room in which assistants are engaged to permit reasonable movement without risk of accident to any assistant.
(5)
Where the temperature of the atmosphere in a chamber of sufficiently large dimensions to permit a person to enter therein can by artificial means be made so low or so high as to be likely in the opinion of an Inspector to cause danger to health, the chamber shall be so constructed that at all times and under all circumstances a door of escape can be readily opened by any person who may be within the chamber, even if securely locked from the outside. There shall be fixed within the chamber permanent luminous directional notices or pilot lights or such other means of clearly indicating the position of that door as may be approved by an Inspector.
5 Construction and Maintenance of Floors, Passages, and Stairs.
(1)
All floors, steps, stairs, landings, passages, gangways, and ladders which are used or likely to be used by assistants shall be of sound construction and properly maintained whether or not they belong to the shop, office, warehouse, or store.
(2)
Steps and stairs which are used or likely to be used by assistants, whether or not the steps or stairs belong to the shop, office, warehouse, or store, shall be provided with substantial handrails, and shall also, if an Inspector by requisition to the occupier so directs, be provided with slats or some other sufficient means of preventing slipping.
(3)
All openings in floors shall be securely fenced, except so far as the nature of the work renders such fencing impracticable.
(4)
Every doorway or other opening used for hoisting or lowering goods or materials, whether by mechanical power or otherwise, shall be securely fenced and shall be provided with secure handholds on each side of the opening or doorway.
(5)
Every pit shall either be completely covered or be securely fenced to at least the height of three feet above the adjoining ground or platform.
(6)
No stairs or passage used or likely to be used by assistants, whether or not the stairs or passage belongs to the shop, office, warehouse, or store, shall be so steep, narrow, winding, intricate, insecure, or otherwise defective as to be unsafe.
6 Fire Precautions.
(1)
Efficient means of egress in case of fire shall be provided to such an extent as may from time to time be required by the by-laws of any local authority within whose district the shop, office, warehouse, or store is situated.
(2)
Where an Inspector finds that the requirements of this rule are not complied with, he shall proceed in the manner prescribed by section 29 of this Act, and not by way of requisition under section 24 of this Act.
7 Cleanliness.
The shop, office, warehouse, or store shall be kept in a clean state, and free from any nuisance and from any smell or leakage from any drain or sanitary convenience.
8 Overcrowding and Air Space.
The shop, office, warehouse, or store shall not be overcrowded so as to cause risk of injury to the health of the assistants.
9 Ventilation.
Every room in the shop, office, warehouse, or store shall be ventilated in such manner as to provide a sufficient supply of fresh air, and to carry off and render harmless, as far as practicable, all steam, fumes, dust, and other impurities arising in the course of the work carried on.
10 Lighting.
(1)
Effective provision shall be made for securing and maintaining sufficient and suitable lighting, whether natural or artificial, in every part of the shop, office, warehouse, or store in which persons are working or passing.
(2)
Artificial lights shall be so placed and so shaded that no assistant shall be subjected to any avoidable glare.
(3)
All glazed windows and skylights used for the lighting of rooms shall, as far as practicable, be kept clean on both the inner and outer surfaces and free from obstruction.
(4)
All skylights not glazed with shatterproof material shall be protected to the satisfaction of an Inspector.
11 Temperature and Heating Appliances.
Effective provision shall be made for securing and maintaining a reasonable temperature in each room, but no method shall be employed which results in the escape into the air of any room of any fumes of such a character and to such an extent as to be likely to be injurious or offensive to assistants employed therein.
12 Sanitary Conveniences.
(1)
The occupier shall provide sufficient and suitable sanitary conveniences for the assistants, and where members of both sexes are employed, not being members of the same family, the conveniences shall be entirely separate for each sex so as to ensure privacy.
(2)
The conveniences shall be conveniently accessible to the assistants, properly ventilated and lighted, and built of impervious material or material that can be easily cleaned, and shall not open directly into any room in which work is performed.
(3)
The conveniences shall be properly maintained and kept clean.
13 Drainage of Floors.
Where any work is carried on which renders the floor liable to be wet to such an extent that the wet is capable of being removed by draining, effective means shall be provided and maintained for draining off the wet and protecting the assistants.
14 Drinking Water.
An adequate supply of wholesome drinking water shall be provided for the free use of the assistants.
15 Washing Facilities.
There shall be provided and maintained for the use of the assistants adequate and suitable facilities for washing, which shall include a sufficient supply of soap and clean towels or other suitable means of cleaning or drying; and the facilities shall be conveniently accessible and shall be kept in a clean and orderly condition.
16 Accommodation for Clothing.
There shall be provided and maintained for the use of the assistants adequate and suitable accommodation for clothing not worn during working hours.
17 Sitting Accommodation.
(1)
There shall be provided and maintained, for the use of all female assistants whose work is done standing, suitable facilities for sitting sufficient to enable them to take advantage of any opportunities for resting which may occur in the course of their employment.
(2)
In any case where an Inspector is of opinion that any assistants or class of assistants can conveniently and satisfactorily do their work, or a substantial part thereof, while sitting, the Inspector may, by requisition to the occupier, require that suitable seats be provided for the use of the assistants.
18 First Aid Facilities.
The occupier shall provide and maintain first aid facilities, appliances, and requisites to the satisfaction of an Inspector.
19 Rest Room for Female Assistants.
The occupier shall provide and maintain to the satisfaction of an Inspector a rest room available for the use of the female assistants employed in every shop, office, warehouse, or store in which more than six female assistants are employed, and in every other shop, office, warehouse, or store where an Inspector by requisition to the occupier so requires.
20 Accommodation for Meals.
Where the number of assistants (other than those who can reasonably obtain their meals at their places of residence within the time at their disposal for that purpose) is six or more, the occupier shall provide and maintain a suitable room in which they may take their meals, which shall be furnished to the satisfaction of an Inspector:
Provided that an Inspector may exempt any occupier from the requirements of this rule in any case where he is satisfied that the provision of such a room is not reasonably necessary.
21 Sleeping Accommodation.
In cases where sleeping accommodation is provided by the occupier that accommodation shall have sufficient air space, and shall be well lighted, and shall also be a sufficient distance away from any sanitary convenience, so as to be free from any smell or leakage that may arise therefrom.
SECOND SCHEDULE Enactments Repealed
Section 50
1921–22, No. 46—
The Shops and Offices Act 1921–22. (Reprint of Statutes, Vol. III, p. 240. Reprinted 1943, p. 346.)
1927, No. 53—
The Shops and Offices Amendment Act 1927. (Reprint of Statutes, Vol. III, p. 283. Reprinted 1943, p. 387.)
1936, No. 11—
The Shops and Offices Amendment Act 1936. (Reprinted 1943, p. 394.)
1937, No. 38—
The Statutes Amendment Act 1937: Section 29. (Reprinted 1943, p. 401.)
1945, No. 38—
The Shops and Offices Amendment Act 1945.
1946, No. 24—
The Shops and Offices Amendment Act 1946.
1947, No. 60—
The Statutes Amendment Act 1947: Section 63.
1948, No. 77—
The Statutes Amendment Act 1948: Section 44.
1949, No. 51—
The Statutes Amendment Act 1949: Sections 53 and 54.
1951, No. 11—
The Shops and Offices Amendment Act 1951.
1953, No. 115—
The Finance Act (No. 2) 1953: Section 25.
"Related Legislation
"Related Legislation
"Related Legislation
Versions
Shops and Offices Act 1955
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