The Pottery (Health and Welfare) Special Regulations 1950

Medical Examinations and Suspensions

7.—(1) No person shall be employed in a process included in Part I of the First Schedule to these Regulations unless he has within the immediately preceding period of a calendar month been examined by the Appointed Doctor for the purposes of this Regulation and a record of such examination and of the date thereof, signed or initialled by the Appointed Doctor, has been entered in the Health Register referred to in paragraph (1) of Regulation 8 or in that person's portable register referred to in paragraph (2) of that Regulation:

Provided that a person who has not been employed in any factory in any such process within the period of a calendar month immediately preceding the commencement of such employment may, subject to paragraph (3) of this Regulation, be employed in such a process or processes for a period of not more than a calendar month without having been examined as aforesaid.

(2) The occupier shall make arrangements:—

(a) for the persons employed at the factory in a process or processes included in Part I of the First Schedule to these Regulations to be examined by the Appointed Doctor for the purposes of this Regulation, and

(b) for the examination by the Appointed Doctor of any person whom he proposes to employ in work for which a certificate of the Appointed Doctor is required under paragraph (7) of Regulation 6 (which relates to the employment of young persons in lifting or carrying work) or under Regulation 25 (which relates to colour blowing, etc.);

due notice of the examinations shall be given by the occupier to all concerned and it shall be the duty of persons so employed to submit themselves for examination by the Appointed Doctor at the appointed times:

Provided that a casual worker may, for the purposes of his employment in a process included in Part I of the said Schedule, himself arrange with the Appointed Doctor upon payment of the appropriate fee, being equivalent to the fee determined by the Minister under Section 127 of the principal Act as the fee payable by the occupier of a factory in respect of such an examination, to be examined for the purposes of this Regulation and to have entered in his portable register a record of such examination and of the date thereof, signed or initialled by the Appointed Doctor; and in any such case the occupier who first employs that person in any such process after such examination shall refund the fee to such person and shall record in the portable register the fact that the fee has been refunded.

(3) The Appointed Doctor shall have power of suspension as respects any person examined by him for the purposes of this Regulation; and no person after suspension shall, in any factory to which these Regulations apply, be employed or work in a process included in Part I of the First Schedule to these Regulations without a certificate signed by the Appointed Doctor that he sanctions such employment.

(4) Where the Appointed Doctor exercises his power of suspension or issues a certificate under paragraph (3) of this Regulation, he shall either:—

(a) enter the certificate in the Health Register for the factory at which the worker is or was last employed in a process included in Part I of the First Schedule to these Regulations, or

(b) enter the certificate in the worker's portable register, or

(c) send the certificate to the occupier of the factory referred to in sub-paragraph (a) of this paragraph, furnishing a copy to the worker;

and in the last-mentioned case the occupier shall, on receiving the certificate, cause it to be attached forthwith to the Health Register for the factory and to be kept so attached until replaced by a personal entry by the Appointed Doctor in that Register.

(5) The occupier shall provide for the purpose of examinations by the Appointed Doctor under any of these Regulations (for the exclusive use of the Appointed Doctor on the occasion of an examination) a room which shall be properly cleaned and adequately warmed and lighted and furnished with a screen, a table (with writing materials) and chairs, and shall afford to the Appointed Doctor facilities to inspect any process or work in or on which a person being examined by the Appointed Doctor is or is proposed to be or has been employed.