L.R.O. 1/2012
LAWS OF GUYANA
FACTORIES (HOURS AND HOLIDAYS) ACT
CHAPTER 95:02
Act
30 of 1947
Amended by
14 of 1949 0.64/1957 39 of 1954 77/1974 46 of 1955 [#] 11 of 1958 [#] /[yyyy] 12 of 1957 [#] /[yyyy] 24 of 1969 [#] /[yyyy]
4 of 1972 [#] /[yyyy] 16 of 1974 [#] /[yyyy] 19 of 1977
20 of 1983
19 of 1990
32 of 1997
8 of 1999
1 – 47 ... 1/2012 (inclusive) by L.R.O.
Pages Authorised
Current Authorised Pages
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Index
of
Subsidiary Legislation
This Chapter contains no subsidiary legislation.


Note
on
Subsidiary Legislation
All items of subsidiary legislation under this Act were, at the time of publication, undergoing
substantial revision, as a result these items have been omitted from this publication.
Note
on
Repeal
This Act repealed the Steam Boilers Regulation Ordinance, Cap. 76 of 1929 Edition and the Regulation
of Dangerous Trades ordinance, (3 of 1938).

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CHAPTER 95:02
FACTORIES (HOURS AND HOLIDAYS) ACT

ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
PART I
PRELIMINARY
2. Interpretation of terms.
3. Application of Act to docks, buildings, engineering construction
and mines; and to the State.

PART II
REGISTRATION OF FACTORIES
4. Register of factories and particulars thereof.
5. Application for registration of factory and particulars thereof.
6. Notice to Labour Authority of intention to erect a new factory or a
new building appurtenant to an existing factory.
7. Application for registration of change in particulars registered.
8. Correction of register.
PART III
ADMINISTRATION
9. Inspectors of factories and machinery.
10. Powers of the Labour Authority and of an Inspector.
11. Certificate of appointment of Inspector.
12. Appointment of examining surgeons.
13. Powers and duties of examining surgeons.
14. Power of Inspector to require certificate of fitness for work.
15. Fees of examining surgeons.
16. Periodical report of examining surgeon to the Labour Authority.
17. Panel of advisers.

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SECTION
PART IV
SAFETY
18. Safety of buildings, ways, machinery and plant.
19. Prohibition of employment of children in factories, and power to
exclude children therefrom.
20. Construction and sale of new machinery.
PART V
HOURS AND HOLIDAYS
21. Hours of work.
22. Intervals for rest.
23. Special provision for night shifts.
24. Overtime.
25. Power of exemption conferred on Minister.
PART VI
REGULATIONS
26. Power of Minister to make regulations.
27. Penalty for breach of regulations.
PART VII
OFFENCES, PENALTIES AND PROCEDURE
28. Special provisions as to evidence.
29. Offences.
30. Special rules for the determination of the occupier of a factory in
the case of a partnership or a company
31. Special rules as to the making of complaints for offences.
32. Power of court to order cause of contravention to be remedied.
33. Proceedings against persons other than occupiers.
34. Power to make a complaint at any time for an offence under Part
II.
PART VIII
35. Display of factory notices.
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SECTION
36. Power of the Labour Authority to require returns.
37. General register.
38. Enforcement by local sanitary authority of regulations made under
this Act.
SCHEDULE—Premises which are factories where persons are
employed in manual labour.
________________________
1953 Ed.
c. 115
________
30 of 1947
[32 of 1997]
An Act to provide for the regulation of hours of work and
holidays in factories, and for purposes connected
with the matters aforesaid.
[Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 26,
27, 28, 29, 30, 31, 32, 33, 34 and 36,
and the Schedule ... ... ... .. 1ST OCTOBER, 1949
Sections 37 and 38 ... ... ... ... ... ...11TH JUNE 1951;
Sections 12, 13, 14, 15 and 16 ... ... 23RD AUGUST, 1952
Sections 17, 18, 19, 20 and 35 ... ... ... ... 8TH NOVEMBER, 1952;
Sections 21, 22, 23, 24 and 25 ... ... .. 1ST JUNE, 1953]

Short title.
PART I
PRELIMINARY
1. This Act may be cited as the Factories (Hours
and Holidays) Act.
CHAPTER 95:02
FACTORIES (HOURS AND HOLIDAYS) ACT

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Interpretation
of terms.
[14 of 1949
39 of 1954
12 of 1967
24 of 1969
16 of 1974
20 of 1983
32 of 1997]
8 of 1999]
2. (1) In this Act—
“adult” means a person eighteen years of age and over;
“air-receiver” means—
(a) any vessel (other than a pipe or
coil, or an accessory, fitting or part
of a compressor) for containing
compressed air and connected
with an air compressing plant; or
(b) any fixed vessel for containing
compressed air or compressed
exhaust gases and used for the
purpose of starting an internal
combustion engine; or
(c) any fixed or portable vessel (not
being part of a spraying pistol)
used for the purpose of spraying
by means of compressed air, any
paint, varnish, lacquer or similar
material; or
(d) any vessel in which liquid is
stored and from which it is forced
by compressed air;
“bodily injury” includes injury to health;
“building operation” means the construction, structural
alteration, repair, or maintenance of a building
(including re-painting, re- decoration and external
cleaning of the structure), the demolition of a
building, and the preparation for, and laying the
foundation of, an intended building, but does not
include any operation which is a work of engineering
construction within the meaning of this Act;
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“child” means a person under the age of fifteen years;
“driving-belt” includes any driving strap, rope or chain;
“employer” includes attorney, agent, foreman, manager,
clerk, and any other person engaged in the hiring,
employing or superintending the labour or service of
any employee.
“existing factory” means any factory which is in operation
at the commencement of this Act;
“factory”, subject to the provisions of this section, means—
(a) any premises in which, or within the
close or curtilage or precincts of which,
persons are employed in any process
for or incidental to any of the
following purposes, that is to say:
(i) the making of any article or of part
of any article; or
(ii) the altering, repairing,
ornamenting, finishing, cleaning,
or washing, or the breaking up or
demolition of any article; or
(iii) the adapting for sale of any article;
or
(iv) the generating, transforming, or
converting, or switching,
controlling, or otherwise
regulating electrical energy, and
the work is carried on by way of
trade or for purposes of gain and
to or over which the employer of
the persons employed therein
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Schedule.
has the right of access or
control:
Provided that no place situate within the close,
curtilage, or precincts forming a factory and solely used
for some purpose other than the processes carried on in
the factory, shall be deemed to form part of a factory, but
such place shall, if otherwise it would be a factory, be
deemed to be a separate factory;
(b) any premises or undertaking
specified in the Schedule where
persons are employed and the
Schedule may be amended by
order made by the Minister;
“fume” includes gas, vapour or smoke;
“the Labour Authority” means, in respect of any provision
of this Act or of any subsidiary legislation made
thereunder, such officer or officers of the Ministry as
may be designated for the purposes of such provision
by the Minister by notice published in the Gazette,
and in default of such designation means the
Chief Labour Officer, the Deputy Chief Labour
Officer or the Assistant Labour Officer;
“machinery” includes—
(a) stationary or portable boilers in a factory;
(b) steam or other engines in a factory;
(c) all apparatus or appliances for
generating, developing, receiving or
transforming, or for measuring or
testing the volume, voltage, pressure
or frequency of, or for distributing
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or applying any mechanical, electric or
natural power to any industrial or
manufacturing process in a factory;
(d) furnaces and fuel or storage tanks
situate within, opening into or attached
to the structure of, or directly connected
with, any factory;
(e) railway locomotives, tractors, road
rollers or other type of road locomotive;
(f) marine boilers, steam receivers and air
receivers on any ship or vessel which is
not a foreign ship;
(g) vats, tanks, cooling or drying devices
used for the storage of, or otherwise in
connection with, the product of any
mechanical process, and situate within or
attached to the premises within which
such process is carried on;
(h) any plant, or apparatus used to generate,
purify, mix, heat, or cool any fume, gas
or vapour; and
(i) any driving belt;
“new factory” means any factory which first commences
to operate at some time after the commencement of
this Act;
“occupier” means the person who controls the factory and
the work that is done there;
“owner” means the person for the time being receiving the
rackrent of the premises in connection with which the
word is used, whether on his own account or as agent
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c.49:01
or trustee for any other person, or who would so
receive the rackrent if the premises were let at a
rackrent;
”power” means electrical energy, and any other form of
energy which is mechanically transmitted and is not
generated by human or animal agency;
“prime mover” means every engine, motor or other
appliance which provides mechanical energy derived
from steam, water, wind, electricity, the combustion
of fuel or other source;
“process” includes the use of any locomotive;
“sanitary conveniences” includes urinals, water-closets,
earth closets, privies and any similar conveniences;
“ship”, “vessel” and “harbour” have the same
meanings as are respectively assigned to them in the
the Guyana Shipping Act;
“steam boiler” means any closed vessel in which for any
purpose steam is generated under pressure greater
than atmospheric pressure and includes any
economiser used to heat water being fed to any such
vessel, and any super heater used for heating steam;
“steam container” means any vessel (other than a steam
pipe or coil) constructed with a permanent outlet into
the atmosphere or into a space where the pressure
does not exceed atmospheric pressure, and through
which steam is passed at atmospheric pressure for the
purposes of heating, boiling, drying, evaporating or
other similar purpose;
“steam-receiver” means any vessel or apparatus (other
than a steam boiler, steam container, a steam pipe or
coil, or a part of a prime over) used for containing
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steam under pressure greater than atmospheric
pressure;
“tenement factory” means any premises where
mechanical power from any prime mover within
the close or curtilage of the premises is distributed
for use in manufacturing processes to different parts
of the same premises occupied by different
persons in such manner that those parts constitute in
law separate factories;
“week” means the period between midnight on Saturday
night and midnight on the succeeding Saturday
night;
“woman” means a woman who has attained the age of
eighteen years;
“work of engineering construction” means the
construction of any railway line or siding otherwise
than upon an existing railway, and the construction,
structural alteration or repair (including re- pointing
and re-painting) or the demolition of any dock,
harbour, inland navigation, tunnel, bridge, viaduct,
water works reservoir, pipe-line, aqueduct, sewer,
sewage works, or gasholder, except where carried on
upon a railway or tramway, and shall include such
other works as may from time to time be specified by
order of the Minister;
“young person” means a person who has ceased to be a
child and has not attained the age of eighteen years.
(2) Any line or siding not being part of the
railway vested in the Minister which is used wholly or
mainly in connection with and for the purposes of a
factory shall be deemed to be part of the factory, and if any
such line or siding is used in connection with more than
one factory belonging to different occupiers, the line or
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siding shall be deemed to be a separate factory.
(3) A part of a factory may, with the approval
in writing of the Labour Authority, be taken to be a
separate factory, and two or more factories may, with the
like approval, be taken to be a single factory.
(4) Any work place in which, with the
permission of or under agreement with the owner or
occupier, three or more persons carry on any work which
would constitute the work place a factory if the persons
working therein were in the employment of the owner or
occupier, shall be deemed to be a factory for the purposes
of this Act, and, in the case of any such workplace not
being a tenement factory or part of a tenement factory,
this Act shall apply as if the owner or occupier of the
workplace were the occupier of the factory and the
persons working therein were persons employed in the
factory.
(5) Premises shall not be excluded from the
definition of factory by reason only that they are open air
premises.
(6) Any premises belonging to or in the
occupation of the State or any municipal or other public or
local government authority shall not be deemed not to be a
factory, and building operations or works of engineering
construction undertaken by or on behalf of the State or any
such authority shall not be excluded from the operation of
this Act, by reason only that the work carried on thereat is
not carried on by way of trade or for purposes of gain.
(7) A woman, young person or child who
works in a factory, whether for wages or not, either in a
process or in cleaning or oiling any part of the machinery
or plant, or in any other kind of work whatsoever
incidental to or connected with the process, or connected
with the article made or otherwise the subject of the
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Application of
Act to docks,
buildings,
engineering
construction
and mines; and
to the State.
[14 of 1949
39 of 1954
process therein shall, save as is otherwise provided by this
Act, be deemed to be employed therein for the purposes of
this Act or any proceedings thereunder.
(8) For the purposes of this Act, an apprentice
shall be deemed to be a person employed.
(9) A young person who works in a factory,
whether for wages or not, in collecting, carrying or
delivering goods, carrying messages or running errands
shall be deemed to be employed in the factory for the
purposes of this Act or of any proceedings thereunder
3. (1) The provisions of this Act, other than Part II
thereof, shall apply—
(a) to every dock, wharf, quay,
stelling and warehouse and all
machinery or plant used in the
processes of loading or unloading
or coaling or re-fuelling or
repairing any ship or in any dock
or harbour or at any wharf, quay
or stelling—
(i) as if the said dock, wharf,
quay, stelling, warehouse,
machinery or plant were
included in the word
“factory”; and
(ii) as if the person who by
himself his agents or
workmen uses any such
machinery or plant for the
purpose hereinbefore
mentioned were the
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occupier of the premises,
and for the purpose of the enforcement of those provisions
the person having the actual use or occupation of a dock,
wharf, quay, stelling or warehouse or of any premises
within the same or forming part thereof and the person so
using any such machinery or plant shall be deemed to be
the occupier of a factory;
(b) to building operations and
works of engineering construction
undertaken by way of trade or
business, or for the purpose of any
industrial or commercial
undertaking and to any line or
siding which is used in connection
therewith, as if any place where
such building operations or works
of engineering construction are
carried on were a factory.
(2) This Act applies to factories belonging to
or in the occupation of the State, to prescribed
occupations managed or carried on by or on behalf of the
State, and to building operations and works of engineering
construction undertaken by or on behalf of the State:
Provided that in case of any public emergency the
Minister may by order from time to time and to the extent
and during the period specified in the order exempt from
the provisions of this Act any factory belonging to or in
the occupation of the State, any factory in respect of work
which is being done on behalf of the State, any prescribed
occupation managed or carried on by or on behalf of the
State, and any building operations and works of
engineering construction undertaken by or on behalf of
the State.

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Register of
factories and

Application
for registration
of factory and
PART II
REGISTRATION OF FACTORIES
4. (1) Every existing factory and every new factory,
and the particulars thereof which are specified in section 5,
shall be registered under this Act with the Labour
Authority.
(2) The Labour Authority shall keep a register of
factories registered under this Act, and shall cause to be
entered therein the particulars from time to time registered
in respect of such factories.
5. (1) Every person who is the owner, occupier or
manager of a factory, shall—
(a) within thirty days after the
commencement of this Act, in the
case of an existing factory; and
(b) within thirty days after the
factory commences to operate as
such, in the case of a new factory—
make application to the Labour Authority in the
prescribed form for the registration of such factory as an
existing factory or a new factory, as the case may be:
Provided that where at the commencement of this Act
any existing factory was not completely erected, the
Labour Authority may extend the time for making the
application for such period as he may think fit.
(2) Every application for registration of a
factory under this Act shall contain the following
particulars:
(a) the names and addresses of the
owner and of the occupier of the
particulars
thereof.
particulars
thereof.
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Notice to Labour
Authority of
intention to erect
a new factory or
new building
appurtenant to
an existing
factory.
[14 of 1949]
factory to which the application
relates:
(b) the address and location of the
factory;
(c) the nature and the object of the
process carried on in the factory;
(d) the nature of the power (if any)
used in the factory for the purpose
of carrying on such process; and
(e) the number of employees
employed in the factory—
(i) normally, and
(ii) at the date of application.
(3) The Labour Authority shall, upon the receipt
by him of an application under subsection (1) containing
the particulars specified in subsection (2), forthwith cause
to be registered the factory, and the particulars thereof, to
which the application relates, and he shall issue to the
applicant a certificate of registration of the factory in the
prescribed form.
6. Any person who intends to erect or to cause to
be erected a new factory or any new building appurtenant
to an existing factory shall, before the erection of such
factory or building is commenced, give notice in writing to
the Labour Authority of his intention as aforesaid, and
shall furnish the Labour Authority with such
information in writing and such plans, drawings and
documents as the Labour Authority may in any case
require.

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Application
for registration
of change in
particulars
registered.
[14 of 1949]

Correction
of
register


Inspectors of
factories and
machinery.
[12 of 1967]
7. Where any change takes place in any of the
particulars registered under section 5(3), the owner,
occupier or manager for the time being of the factory to
which the particulars relate shall, within thirty days after
the date upon which the change takes place, make
application to the Labour Authority for the registration of
the change, and the Labour Authority shall amend the
register of factories accordingly and issue to the applicant
a certificate of registration of the change as aforesaid.
8. (1) The Labour Authority may take such steps as
they may consider necessary to ascertain whether—
(a) any factory registered under this
Act is being operated as a factory;
or
(b) any change has taken place in the
particulars registered under
section 5 in respect of any factory
.
(2) Where the Labour Authority ascertains that
any Factory registered as aforesaid is not being operated
as a factory, or that a change has taken place in the
particulars registered as aforesaid in respect of any
factory, he shall remove the name of the factory from the
register or shall make such amendment to the register
as the circumstances may require.
PART III
ADMINISTRATION
9. (1) Subject to subsection (2), all factories and all
machinery in Guyana shall be inspected by the Labour
Authority, or, subject to the directions of the Labour
Authority, by an Inspector.
(2) The Minister may make regulations for the
inspection of factories and machinery, or of some classes
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Powers of the
Labour
Authority and of
an Inspector.
[14 of 1949
19 of 1977]
of factories, or of certain kinds of machinery, by such
persons as may be designated in such regulations.
(3) The Minister may, by notice published in
the Gazette, designate fit and proper persons to be
Inspectors for the purposes of this Act (hereinafter in this
Act referred to as “Inspectors”).
(4) No person who is the occupier of a factory
or is directly or indirectly interested therein or in any
process or business carried on therein, or in a patent
connected therewith, or is employed in or about a factory,
shall be appointed an Inspector or act as such.
10. (1) The Labour Authority, and every Inspector,
shall for the purpose of this Act have power—
(a) whenever he has reasonable cause
to believe that any person is
employed in a factory, to enter,
inspect and examine such factory
and every part thereof at any hour
of the day or night;
(b) whenever he has reasonable cause
to believe any place to be a factory,
to enter, inspect and examine such
place by day;
(c) whenever he has reasonable
cause to believe that explosive or
highly inflammable materials are
stored or used in any building of
which a factory forms part, to
enter, inspect and examine any
part of such building by day;

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(d) to enter any ship or vessel in any
dock or harbour or at any wharf,
quay or stelling and make such
inspection and examination as he
may deem fit;
(e) to require the production of the
registers, certificates, notices and
documents kept in pursuance of
this Act, and to inspect, examine,
and copy any of them;
(f) to make such examination and
inquiry as may be necessary to
ascertain whether, in respect of
any factory or the persons
employed therein, or in respect of
any prescribed occupation, the
provisions of this Act and of the
enactments for the time being in
force relating to public health are
being complied with;
(g) to require any person whom he
finds in a factory to give such
information as it is in his power to
give as to who is the occupier of
the factory;
(h) to examine, either alone or in the
presence of any other person as he
thinks fit, with respect to matters
under this Act, every person
whom he finds in a factory, or
whom he has reasonable cause to
believe to be employed or to have
been employed within the
preceding two months in a factory
or in respect of any prescribed
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occupation and to require every
such person to be so examined and
to sign a declaration of the truth of
the matters respecting which he is
so examined:
Provided, however, that no person shall be required
under this paragraph to answer any question, or to give
any evidence, tending to incriminate himself;

(i) where the Inspector is a
registered medical practitioner, to
carry out such medical
examinations as may be necessary
for the purposes of his duties
under this Act;
(j) whenever he has reasonable cause
to believe that there may be any
serious obstruction in the
execution of his powers, duties
and functions under paragraphs
(a), (b), (c) or (d) to take a
member of the police force or
the rural constabulary with him
into the factory, building, ship or
vessel, as the case may be;
(k) to exercise such other powers,
duties and functions as may be
necessary to carry this Act into full
effect.
(2) The occupier of every factory, his agents and
servants shall furnish the means required by an Inspector
as necessary for the entry, inspection, examination,
inquiry, the taking of samples or otherwise for the exercise
of his powers, duties and functions under this Act in
relation to that factory.
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Certificate of
appointment
of Inspector.

Appointment
of examining
surgeons.

Powers and
duties of
examining
surgeons.
[11 of 1958]
11. (1) Every Inspector appointed under section
9(3) shall be furnished with a prescribed certificate of his
appointment.
(2) When visiting any factory or place to which
any of the provisions of this Act apply, he shall, if required
so to do, produce the said certificate to the occupier or
manager of the factory or place.
12. (1) The Minister may, by notice published in
the Gazette, designate a sufficient number of registered
medical practitioners to be examining surgeons for any of
the purposes of this Act.
(2) No medical practitioner who is the occupier
of a factory, or is directly or indirectly interested therein,
or in any process or business carried on therein, or in a
patent connected therewith, shall act as examining
surgeon for that factory:
Provided that the Minister may authorise a registered
medical practitioner who is employed by the occupier of a
factory in connection with the medical supervision of
persons employed in the factory but is not otherwise
interested in the factory, to act as examining surgeon for
such factory for the purpose of examining and certifying
the fitness of young persons.
(3) Where there is no examining surgeon for a
factory, the Government Medical Officer for the medical
district in which the factory is situate shall be the
examining surgeon for that factory.
13. (1) The examining surgeon for a factory shall
have power at all reasonable times to inspect the general
register of that factory.
(2) It shall be the duty of an examining surgeon
to investigate and report—
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(a) upon any case of death or injury
caused by exposure in a factory to
fumes or other noxious substances,
or due to any other special cause
specified in instructions of the
Minister as requiring
investigation;
(b) upon any case of death or injury
which the Labour Authority in
pursuance of any general or
special instructions of the Minister
may refer to him for that purpose;
and
(c) upon any case of disease of which
he receives notice under the
Accidents and Occupational
Diseases (Notification) Act.
(3) The examining surgeon, for the purpose of
an investigation under this section, shall have all the
powers of an Inspector under this Act, and, in addition
thereto, the power to enter any room in a building to
which the person killed, injured or affected has been
removed.
(4) Regulations may be made under this Act
regulating—
(a) the duties of examining surgeons;
and
(b) any special inquiry, examination or
investigation held or performed by
examining surgeons in pursuance
of instructions or directions of the
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Power of
Inspector to
require
certificate of
fitness for work.


Fees of
examining
surgeons.
Minister.
14. (1) Where the Labour Authority or an Inspector
is of opinion that the employment of any young person in
a factory, or in any particular process or kind of work in a
factory, is prejudicial to the health of the young person or
to the health of other persons, he may, anything contained
in a certificate (previously obtained) of fitness of the
young person for employment to the contrary
notwithstanding, serve notice in writing on the occupier of
the factory requiring that the employment of that young
person in the factory or in the process or kind of work, as
the case may be, be discontinued after the period named
therein, being not less than one or more than seven days
after the service of the notice.
(2) No occupier of a factory shall, after the
period named in the notice under subsection (1), employ
the young person to whom the notice relates contrary to
the requirements set out in the said notice, unless the
examining surgeon for the factory has, after the service of
the notice, personally examined the young person and
certified that he is fit for employment in the factory or in
the process or kind of work, as the case may be.
15. (1) The fees to be paid to examining surgeons
for carrying out their duties under this Act shall, in so
far as they relate to any examination or certificate with
respect to the fitness of a young person for employment
in a factory or to any examination or medical
supervision of persons employed in a factory carried out
in pursuance of regulations made under this Act, be paid
by the occupier of that factory, and in any other case shall
be defrayed as an expense of carrying this Act into effect.
(2) Such fees shall, subject to any agreement
made between the examining surgeon and the occupier of
a factory in respect of the fees payable by the occupier, be
of such amount as may from time to time be prescribed.
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Periodical
report of
examining
surgeon to the
Labour
Authority.
Panel of
Advisers.

Safety of
buildings,
ways, machinery
and plant.
16. Every examining surgeon shall in each year
make at the prescribed time a report in the prescribed
form to the Labour Authority as to the examinations made
and other duties performed by him in pursuance of this
Act.

17. The Minister may, for the purpose of this Act,
appoint a panel of advisers to the Labour Authority, and
the Labour Authority may seek their advice, or the advice
of any of them in respect of any matter arising out of the
operation of this Act.
PART IV
SAFETY
18. (1) Where it appears to the Labour Authority
that any building or part of a building, or any part of the
ways, machinery or plant, in a factory is in such a
condition as to be likely to cause risk of bodily injury to, or
to endanger the safety of, persons employed in connection
with the factory or any class of such persons—
(a) the Labour Authority may serve
on the occupier of the factory a
notice in writing requiring him,
before a date to be specified in the
notice—
(i) to furnish such drawings,
specifications and other
particulars as may be
necessary to determine
whether such building or
part of the building, or such
part of the ways, machinery
or plant as aforesaid can be
used without risk of bodily
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Prohibition of
employment of
children in
injury or danger to safety as
aforesaid;
(ii) to carry out such tests as
may be necessary to
determine the strength or
quality of any specified
parts of the building, ways,
machinery or plant as
aforesaid, and to inform the
Labour Authority of the
results of such tests; or
(b) the Labour Authority may serve
on the occupier of the factory a
notice in writing specifying the
measures which should be
adopted to remove the risk of
bodily injury, and the danger to
safety as aforesaid, and
requiring such measures to be
carried out before a date to be
specified in the notice.
(2) Where it appears to the Labour Authority
that the use of any building or part of a building, or any
part of the ways, machinery or plant, in a factory involves
imminent risk of bodily injury to, or imminent danger to
the safety of, persons employed in connection with the
factory or any class of such persons, the Labour Authority
may serve on the occupier of the factory a notice in writing
prohibiting such use as aforesaid until the building or part
of the building, or the part of the ways, machinery or
plant, as the case may be, has been repaired or altered in
such a manner as to remove such imminent risk, or such
imminent danger, as aforesaid.
19. (1) No child shall be employed in any factory,
or in the business of a factory outside the factory, or in any
business trade or process ancillary to the business of a
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factories and
power to exclude
children
therefrom.

Construction
and sale of new
machinery.
[46 of 1955]
factory.
(2) Where it appears to the Labour Authority
that the presence, in any factory or part of a factory, of
children who cannot lawfully be employed therein may
be dangerous to them or injurious to their health, the
Labour Authority may serve on the occupier of the factory
a notice in writing requiring him to prohibit and to
prevent the admission of such children to the factory, or
part of the factory, as the case may be.
(3) In this section the expression “factory”
includes the premises, machinery, operations, works
and factories specified in section 3.
20. (1) In the case of any machine in a factory being
a machine intended to be driven by mechanical power—
(a) every set-screw, bolt or key on any
revolving shaft, spindle, wheel or
pinion shall be so sunk, encased
or otherwise effectively guarded
by situation and design as to
prevent danger;
(b) all spur and other toothed or
friction gearing, which does not
require frequent adjustment while
in motion, shall be completely
encased unless it is so situated, or
is of such design, as to be as safe as
it would be if completely encased.
(2) Any person who sells, or lets on hire, or as
agent of the seller or hirer causes or procures to be sold or
let on hire, for use in a factory in Guyana any machine
intended to be driven by mechanical power which does
not comply with the requirements of this section shall be
guilty of an offence.
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Hours of work.
[20 of 1983]
(3) The Minister may make regulations
extending subsection (2) to machinery or plant which does
not comply with such requirements of this Act as may be
specified in the regulations, and any regulations made
under this subsection may relate to machinery or plant in
a specified process.
(4) Nothing in this section shall be construed
as applying to any machine imported into, or
constructed in, Guyana before the commencement of
this Act, and regulations made under this section shall not
apply to any machinery or plant imported into, or
constructed in, Guyana before the coming into force of
such regulations.
PART V
HOURS AND HOLIDAYS
21. (1) The Minister may make regulations—
(a) prescribing the number of hours
during which a person may
normally be employed, in a
factory, on any day or in any
week;
(b) prescribing that a person
employed in a factory shall, in
every week, have a break of such
number of consecutive hours as
may be specified in the
regulations;
(c) prescribing the conditions under
which the Labour Authority shall
have power to exempt factories
from the operation of regulations
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c. 91:04
made under paragraph (b).
(2) Regulations under this section may be made—
(a) for a limited period or without
limit of period;
(b) either generally or in relation to
any area or to any class of factory
or any particular factory or to any
particular occupation in a factory;
(c) prescribing different hours in
respect of different branches of
the operation of a factory;
(d) prescribing different hours in
respect of different periods of the
year;
(e) according to the season, where the
carrying on of a factory or of any
part of the operations thereof is
influenced by seasons;
(f) prescribing different hours in
relation to adults and young
persons;
(g) subject to such conditions as the
Minister may think fit,
and the regulations may contain such supplemental and
consequential provisions as the Minister considers
necessary for giving full effect to the regulations.
(3) This Act shall not apply to a shop assistant
as defined in section 2 of the Shops Act.
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Intervals for
rest.

Special provision
for night shifts.
22. Every person employed in a factory or in
any occupation in a factory shall, during his work on any
one day, have such an interval for rest as may from time to
time be approved by the Labour Authority, and in
approving such an interval for rest for any person, or for
any class of persons, so employed the Labour
Authority shall have regard—
(a) to whether the person, or the class
of persons, is or is not employed
on the shift system; and
(b) to the nature of the operation on
which the person, or the class of
persons, is employed.
23. Where a person employed in a factory works
on a shift which extends over midnight—
(a) the hours which he works after
midnight shall be deemed to
form part of the previous day; and
(b) the ensuing day, for such person,
shall be deemed to be the period of
twenty-four hours commencing
when the shift as aforesaid ends:
Provided that the Labour Authority may, by notice in
writing, direct that in the case of any class of workers
specified in the order—
(a) the hours which he works before
midnight shall be deemed to form
part of the ensuing day; and
(b) the ensuing day, for such class of
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Overtime.
[12 of 1967
19 of 1990]
workers, shall be deemed to be the
period of twenty-four hours
commencing when the shift as
aforesaid starts.
24. (1) The Minister may make regulations
prescribing the rate at which a person who is employed in
a factory, or in any occupation in a factory, shall be paid—
(a) in respect of work on any day in
excess of eight hours or in respect
of work in any week in excess of
the normal hours of work
prescribed under section 21 (1) (a);
(b) in respect of work on any public
holiday, other than as specified in
paragraph (c);
(c) in respect of work on Sundays,
Christmas Day, the day after
Christmas Day if Christmas falls
on a Sunday, Eid- UI-Azha Day,
or, if that day is a Sunday, the
following day, Phagwah Day, or, if
that day is a Sunday, the following
day, Good Friday, Easter Monday,
Labour Day, that is to say the 1st
May, or, if that day is a Sunday,
the following day.
(2) Regulations under this section may be
made—
(a) for a limited period or without
limit of period;

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(b) either generally or in relation to
any area or to any class of factory
or any particular factory or to any
particular occupation in a factory;
(c) prescribing different rates in respect of different branches of the operation of a factory;
(d) prescribing different rates in
respect of different periods of the
year;
(e) according to the season, where the
carrying on of a factory or of any
part of the operations thereof is
influenced by seasons;
(f) prescribing different rates in
relation to adults and young
persons;
(g) subject to such conditions as the
Minister may think fit,
and the regulations may contain such supplemental and
consequential provisions as the Minister considers
necessary for giving full effect to the regulations.
(3) Where the hours of work, or any of them,
under paragraph (a) of subsection (1) also fall under
paragraphs (b) or (c) of the said subsection, the provisions
of paragraph (b) or paragraph (c) of the said subsection
shall apply in respect of such hours.
(4) Where, in relation to any factory or to any
occupation in a factory the appropriate rate under
subsection (1) (a), (b) or (c) has not been fixed in
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Power of
exemption
conferred on
Minister.

Power of
Minister to
regulations made under this section, such rate shall be, in
the case of work on any day specified in subsection (1) (c),
twice the rate at which the person employed would but for
this section be paid, and, in the case of any other work,
one and a half times the rate at which the person
employed would but for this section be paid.
25. (1) The Minister may by order exempt from the
provisions of this Part, or any of them, any factory or part
of a factory or any particular occupation in a factory.
(2) An order may be made under this section—
(a) for a limited period or without
limit of period;
(b) in relation to any area or to any
class of factory or to any particular
factory or to any particular
occupation in a factory;
(c) excepting from the operation of
the order any class of factory or
any particular factory or any
particular occupation in a factory
within an area;
(d) subject to such conditions as the
Minister may deem fit,
and the order may contain such supplemental and
consequential provisions as the Minister considers
necessary for giving full effect to the order.
PART VI
REGULATIONS
26. (1) Subject to negative resolution of the
National Assembly, the Minister may from time to time
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make
regulations.
[20 of 1983]
make regulations—
(a) prohibiting the employment of,
or modifying or limiting the
period of employment of, all
persons or any class of persons
in connection with any
manufacture, machinery, plant,
process or description of manual
labour certified by the Labour
Authority, by notice published in
the Gazette, to be dangerous;
(b) prohibiting, limiting or controlling
the use of any material or process;
(c) modifying or extending any
special provision for any class of
factories contained in this Act;
(d) for the purpose of ensuring the
health or safety of persons who are
employed in any factory or in
connection with machinery or with
any employment within the
meaning of paragraph (a); and
(e) generally for giving effect to the
purposes of this Act.
(2) In particular, and without prejudice to the
generality of the foregoing provisions, any such
regulations may provide for—
(a) the safe means of approach or
access to, and exit from, any
factory, or machinery;
(b) the fencing and covering of all
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dangerous places or machines;
(c) lifesaving and first aid appliances;
(d) securing safety in connection
with all operations carried on in a
factory;
(e) securing safety in connection with
the use of cranes, winches, pulley-
blocks, and of all engines,
machinery, mechanical gear
and contrivances generally
whatsoever;;
(f) the periodic inspection, testing
and classification, according to
age, type or condition, of boilers,
and for the issue and display of
certificates in connection
therewith, and for the regulating
of the type of safety valves to be
fixed to any boiler and the
maximum pressure at which
boilers of any age, type, class, or
condition may be operated;
(g) the duties and responsibilities
assignable to any person
generally, and in particular to
employers, owners, occupiers and
managers in charge of factories, in
connection with any one or more
of such regulations;
(h) the proper ventilation of any
factory, having regard to the
nature of the process carried on
therein;
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(i) the sanitation, including the
provision of lavatory accommo-
dation and sanitary conveniences
(having regard to the number of
workers employed) at any factory;
(j) the fees to be paid for the
inspection or examination of any
factory or class of factory and any
machinery therein;
(k) the forms and certificates to be
used under this Act;
(l) the records and registers to be
maintained for the purposes of
this Act;
(m) the lifting or moving of loads by
any woman or young person;
(n) the appointment, powers,
duties, and fees of examining
surgeons;
(o) the medical supervision of
workers;
(p) the prescribing of occupations for
the purposes of section 10;
(q) the contents of notices required to
be displayed under this Act.
(3) No young person shall be employed in a
factory otherwise than in accordance with regulations
made under this section.

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Penalty for
breach of
regulations.
[Reg. 14/1949
32 of 1997]

Special
provisions as to
evidence.

(4) In subsection (3) the expression “factory” has
the same meaning as it has in section 19.
27. There may be annexed to the breach of any
regulation made under this Act such penalty not
exceeding fifty thousand dollars as may be prescribed, and
such penalty may be sued for and recovered under the
Summary Jurisdiction Acts.
PART VII
OFFENCES, PENALTIES AND PROCEDURE
28. (1) Any person who is found in a factory at
any time at which work is going on or the machinery is in
motion, except during the intervals for meals or rest,
shall, until the contrary is proved, be deemed for the
purposes of this Act to have been then employed in the
factory:
Provided that this subsection shall not apply to a
factory in which the only persons employed are members
of the same family dwelling there.
(2) Where, in any proceedings under this Act
with respect to a person under or over a specified age, it
appears to the court that such person is apparently under
or over such age, it shall lie on the defendant to prove that
the person is not under, or not over, the specified age, as
the case may be.
(3) Where any entry is required by this Act to
be made in the general register or in any other register or
record, the entry made by the occupier of a factory or
on his behalf shall, as against him, be admissible as
evidence of the facts therein stated, and the fact that any
entry so required with respect to the observance of any
provision of this Act has not been made, shall be
admissible as evidence that that provision has not been
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Offences.
[14 of 1949
39 of 1954
32 of 1997]
observed.
29. (1) Any person who—
(a) being the owner, occupier, or
manager of a factory fails within
the time limited by section 5 to
make application to the Labour
Authority for the registration of
such factory; or

(b) fails to give notice to the Labour
Authority as required by section 6;
or
(c) fails to furnish the Labour
Authority within a reasonable
time, with the information
required by him under section 6;
or
(d) being the owner, occupier or
manager of a factory contravenes
or fails to comply with section 7; or
(e) obstructs the Labour Authority or
an Inspector in the execution of his
powers, duties or functions under
this Act; or
(f) is the occupier of a factory in
which an obstruction under
paragraph (e) takes place,
shall be liable on summary conviction to a fine of twenty-
five thousand dollars.
(2) Any person who—

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(a) wilfully delays the Labour
Authority or an Inspector in the
exercise of any power under
section 10; or
(b) fails to comply with any
requirement of the Labour
Authority or an Inspector in
pursuance of section 10; or
(c) fails to produce any register,
certificate, notice or document
which he is required by or in
pursuance of this Act to produce;
or
(d) wilfully withholds any
information as to who is the
occupier of any factory, or as to
who is the employer in the case of
a prescribed occupation; or
(e) conceals or prevents, or
attempts to conceal or prevent, a
person from appearing before or
being examined by the Labour
Authority or an Inspector,
shall be deemed to obstruct the Labour Authority or an
Inspector in the execution of his duties under this Act.
(3) Any person who—
(a) obstructs an examining surgeon in
the exercise of his powers under
section 13;
(b) being the occupier of a factory,
fails to comply with the
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requirements of a notice under
section 14(1);
(c) being the occupier of a factory,
contravenes or fails to comply
with any requirement of a notice
under section 18; or
(d) contravenes section 19(1); or
(e) contravenes or fails to comply
with any requirement of a notice
under section 19 (2); or
(f) contravenes or fails to comply
with any of the provisions of
section 20; or
(g) being the occupier of a factory,
fails to comply with the provision
as to an interval for rest approved
by the Labour Authority under
section 22; or
(h) being the employer of a person
employed in a factory, or in any
occupation in a factory
contravenes or fails to comply
with section 24 (4); or
(i) being the occupier of a factory,
contravenes or fails to comply
with any of the provisions of
section 35; or
(j) being the occupier of a factory,
fails to comply with any
requirement of the Labour
Authority under section 36; or
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Special rules
for the
determination
of the occupier
of a factory in
the case of a
partnership or
a company.
(k) being the occupier of a factory,
fails to comply with any of the
provisions of section 37,
shall be liable on summary conviction to a fine of twenty-
five thousand dollars, and in the case of a continuing
offence shall be liable to a fine of one thousand dollars for
every day upon which such offence continues after
conviction.
30. (1) Where the occupier of a factory is a firm or
other association of individuals one or more of the
individual partners or members of the firm thereof may be
prosecuted and punished under this Act for any offence
for which the occupier of the factory is punishable:
Provided that the firm or association may give notice
to the Labour Authority that it has nominated one of its
number who is resident in Guyana to be the occupier of
the factory for the purposes of this Act, and such
individual shall so long as he is so resident be deemed to
be the occupier for the purposes of this Act until further
notice cancelling his nomination is received from the firm
or association by the Labour Authority or until he notifies
the Labour Authority that he has ceased to be a partner or
member of the firm or association
(2) Where the occupier of a factory is a
company, one or more of the Directors thereof, or, in the
case of a private company, one or more of the
shareholders thereof, may be prosecuted and punished
under this Act for any offence for which the occupier of
the factory is punishable:
Provided that the company may give notice to
the Labour Authority that it has nominated a director, or,
in the case of a private company, a shareholder, who is
resident in either case in Guyana, to be the occupier of the
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Special rules
as to the
making of
complaints for
offences.

Power of court
to order cause
of
contravention
to be remedied.


Proceedings
against persons
other
than occupiers.
factory for the purposes of this Act, and such director or
shareholder shall so long as he is so resident be deemed to
be the occupier of the factory for the purposes of this Act
until further notice cancelling his nomination is received
by the Labour Authority, or until he has notified the
Labour Authority, or until he has notified the Labour
Authority that he has ceased to be a director or
shareholder.
31. (1) No prosecution under this Act shall be
instituted except by or with the previous sanction of the
Labour Authority.
(2) An Inspector if so authorised in writing by
the Labour Authority, may, although he is not a barrister
or a solicitor, prosecute, conduct, or defend before any
court having jurisdiction any information complaint or
other proceeding arising under this Act, or in the
discharge of his duty as an Inspector.
32. Where the occupier of a factory is convicted of
an offence under this Act the court may, in addition to or
in substitution for a penalty, order him to take, within the
time specified in the order, such steps as may be therein
specified for remedying the matters in respect of which the
contravention occurred, and may, on application, enlarge
the time so specified, and where such an order is made,
the occupier shall not be liable under this Act in respect of
the continuation of the contravention during the time
allowed by the Court, but if, after the expiration of that
time as originally specified or enlarged by subsequent
order, the order is not complied with, the occupier shall be
liable to a fine of fifty dollars for each day on which the
non-compliance continues.
33. Where under this Act any person is substituted
for the occupier with respect to any provision of this Act,
any order, summons, notice or proceeding which for the
purpose of any of those provisions is by or under this Act
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Power to make
a complaint at
any time for an
offence under
Part II.
Display of
factory notices.

Power of the
Labour
Authority to
require returns.

General
register.
required or authorised to be served on or taken in relation
to the occupier, is hereby required or authorised (as the
case may be) to be served on or taken in relation to that
person.
34. A complaint may be made for an offence
under Part II although more than six months have elapsed
since the date on which the offence is alleged to have been
committed.
PART VIII
MISCELLANEOUS
35. (1) There shall be displayed in every factory a
notice containing such abstract of this Act and of the
regulations made thereunder, as may be prescribed.
(2) All notices required, under this Act, to be
displayed in a factory shall be displayed, where they can
conveniently be read by the persons employed in the
factory, at some conspicuous place at or near the main
entrance to the factory and shall be maintained in a clean
and legible condition:
Provided that the Labour Authority may direct that
all or any of the aforesaid documents shall be posted in
such parts of the factory, either in addition to or in
substitution for such conspicuous place as aforesaid, as
he may direct.

36. The Labour Authority may require occupiers
or managers of factories to submit such returns, occasional
or periodical, as may in his opinion be required for the
purposes of this Act.
37. (1) There shall be kept in every factory, or in
such place outside the factory as may be approved by the
Inspector, a register, in the prescribed form, called the
general register, and there shall be entered in or attached
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Enforcement by
Local Sanitary
Authority of
regulations
made under this
Act.
[39 of 1954]
to that register—
(a) the prescribed particulars as to the
persons employed in the factory
who have not attained the age of
eighteen; and
(b) the prescribed particulars as
to the washing, whitewashing or
colour washing, painting or
varnishing, of the factory; and
(c) the prescribed particulars as to
every accident and case of
industrial disease occurring in the
factory of which notice is required
to be sent to an Inspector; and
(d) all reports and particulars
required by any other provision
of this Act to be entered in or
attached to the general register;
and
(e) such other matters as may be
prescribed.
(2) The occupier of a factory shall send to an
Inspector such extracts from the general register as the
Inspector may from time to time require for the purpose of
the execution of his duties under this Act.
38. (1) The provisions of regulations made under
this Act relating to cleanliness, ventilation, overcrowding,
lighting, drinking water, washing facilities and sanitary
conveniences shall be enforced by the Local Sanitary
Authority of the district in which the factory is situate.
(2) For the purpose of their duties under this
section a Local Sanitary Authority and its officers shall
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without prejudice to their other powers, have all such
powers of entry, inspection, taking legal proceedings,
or otherwise, as the Labour Authority or an Inspector has,
and accordingly in relation to their said duties the
provisions of this Act as to furnishing means required
by the Labour Authority or an Inspector, and delaying
or obstructing the Labour Authority or an Inspector, shall
be construed as including references to such officers; but
no such powers of entry, inspection or taking legal
proceedings shall be exercised except by officers of the
Local Sanitary Authority authorised by the Authority in
writing in that behalf either generally or specially.
(3) Where the Labour Authority or an Inspector
finds any act or default in relation to any matter in a
factory which is liable to be dealt with by the Local
Sanitary Authority he shall give notice thereof in writing
to the Sanitary Authority aforesaid and to the Central
Board of Health. It shall be the duty of the Local Sanitary
Authority to make such inquiry into the subject of the
notice and take such action thereon as seems to the
Authority proper for the purpose of enforcing the law and
to inform the Labour Authority or the Inspector, as the
case may be, and the Central Board of Health of the
proceedings taken in consequence of the notice.
(4) If within one month after notice of an act or
default is given by the Labour Authority or an Inspector
under this section to a Local Sanitary Authority
proceedings are not taken for remedying or punishing
the default or act, the Central Board of Health, the Labour
Authority or the Inspector, as the case may be, may take
proceedings for the remedying or punishment of the
default or act in accordance with this Act.
(5) The Labour Authority or an Inspector shall
for the purpose of his duties under this section have the
same powers in regard to any such matters as he has with
respect to other matters under this Act and he may for that
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Factories (Hours and Holidays) Cap. 95:02
45
L.R.O. 1/2012
s. 2(1)
[O. 64/1957
77/1974
32 of 1997]
purpose take like proceedings for enforcing this Act or for
remedying or punishing any default or act as might be
taken by the Local Sanitary Authority.
SCHEDULE
PREMISES WHICH ARE FACTORIES WHERE PERSONS
ARE EMPLOYED IN MANUAL LABOUR
1. Any yard or dry dock (including the precincts
thereof) in which ships or vessels are constructed, re-
constructed, repaired, refitted, finished or broken up.
2. Any premises in which the business of sorting
any articles is carried on as a preliminary to the work
carried on in any factory or incidentally to the purposes of
any factory.
3. Any premises in which the business of washing
or filling bottles or containers or packing articles is carried
on incidentally to the purposes of any factory.
4. Any premises in which the business of hooking,
plaiting, lapping, making-up or packing of yarn or cloth is
carried on.
5. Any laundry carried on as ancillary to another
business, or incidentally to the purposes of any public
institution.
6. Any premises in which the construction,
reconstruction or repair of locomotives, vehicles or other
plant for use for transport purposes is carried on as
ancillary to a transport undertaking or other industrial or
commercial undertaking, including any premises used for
the purpose of housing locomotives or vehicles where
only cleaning, washing, running repairs or minor
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adjustments are carried out.
7. Any premises in which printing by letterpress,
lithography, photogravure, or other similar process, or
bookbinding is carried on by way of trade or for purposes
of gain or incidentally to another business so carried on.
8. Any premises in which the business of making
or mending nets is carried on incidentally to the fishing
industry.
9. Any premises used in connection with the
making or repair of articles of metal or wood incidentally
to any business carried on by way of trade or for purposes
of gain.
10. Any premises in which articles are made
or prepared incidentally to the carrying on of building
operations or works of engineering construction, not being
premises in which such operations or works are being
carried on.
11. Any premises used for the storage of gas in a
gasholder having a cubic capacity of not less than five
thousand cubic feet.
12. Any premises in which the production of
cinematograph films is carried on by way of trade or for
purposes of gain:
Provided, however, that the employment of any such
premises of theatrical performers and of attendants on
such theatrical performers shall not be deemed to be
employment in a factory.
13. Any premises used as a quarry, that is to say,
any open work, pit or excavation from which stone or rock
is obtained by way of cutting, blasting or other methods,
but not any place where any manufacturing process, other
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c. 99:06
than a process ancillary to the getting, dressing or
preparation for sale of stone or rock, is carried on.
14. Any “mine” as defined in section 2 (1) of the
Occupational Safety and Health Act.
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