Offices, Shops and Railway Premises Act 1963

Health, Safety and Welfare of Employees (General Provisions)E+W+S

[F14 Cleanliness. E+W+S

(1)All premises to which this Act applies, and all furniture, furnishings and fittings in such premises shall be kept in a clean state.

(2)No dirt or refuse shall be allowed to accumulate in any part of premises to which this Act applies in which work, or through which pass, any of the persons employed to work in the premises; and the floors of, and any steps comprised in, any such part as aforesaid shall be cleaned not less than once a week by washing or, if it is effective and suitable, by sweeping or other method.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

[F3(4)Subsection (2) of this section shall not] be construed as being in derogation of the general obligation imposed by subsection (1) of this section.

(5)Nothing in this section or in regulations thereunder shall apply to fuel storage premises which are wholly in the open, and, in the case of such premises which are partly in the open, so much of them as is in the open shall, for the purposes of this section and of such regulations, be treated as not forming part of the premises.]

[F45 Overcrowding. E+W+S

(1)No room comprised in, or constituting, premises to which this Act applies shall, while work is going on therein, be so overcrowded as to cause risk of injury to the health of persons working therein; and in determining, for the purposes of this subsection, whether any such room is so overcrowded as aforesaid, regard shall be had (amongst other things) not only to the number of persons who may be expected to be working in the room at any time but also to the space in the room occupied by furniture, furnishings, fittings, machinery, plant, equipment, appliances and other things (whether similar to any of those aforesaid or not).

(2)The number of persons habitually employed at a time to work in such a room as aforesaid shall not be such that the quotient derived by dividing by that number the number which expresses in [F5square metres] the area of the surface of the floor of the room is less than [F63.7] or the quotient derived by dividing by the first-mentioned number the number which expresses in [F7cubic metres] the capacity of the room is less than [F811].

(3)Subsection (2) of this section—

(a)shall not prejudice the general obligation imposed by subsection (1) thereof;

(b)shall not apply to a room to which members of the public are invited to resort; and

(c)shall not, in the case of a room comprised in, or constituting, premises of any class (being a room which at the passing of this Act is comprised in, or constitutes, premises to which this Act applies), have effect until the expiration of the period of three years beginning with the day on which the said subsection (1) comes into force as respects premises of that class.]

[F96 Temperature. E+W+S

(1)Effective provision shall be made for securing and maintaining a reasonable temperature in every room comprised in, or constituting, premises to which this Act applies, being a room in which persons are employed to work otherwise than for short periods, but no method shall be used which results in the escape into the air of any such room of any fume of such a character and to such extent as to be likely to be injurious or offensive to persons working therein.

(2)Where a substantial proportion of the work done in a room to which the foregoing subsection applies does not involve severe physical effort, a temperature of less than [F1016 degrees Celsius] shall not be deemed, after the first hour, to be a reasonable temperature while work is going on.

(3)The foregoing subsections shall not apply—

(a)to a room which comprises, or is comprised in or constitutes, office premises, being a room to which members of the public are invited to resort, and in which the maintenance of a reasonable temperature is not reasonably practicable; or

(b)to a room which comprises, or is comprised in or constitutes, shop or railway premises, being a room in which the maintenance of a reasonable temperature is not reasonably practicable or would cause deterioration of goods;

but there shall be provided for persons who are employed to work in a room to which, but for the foregoing provisions of this subsection, subsection (1) of this section would apply, conveniently accessible and effective means of enabling them to warm themselves.

(4)In premises to which this Act applies there shall, on each floor on which there is a room to which subsection (1) of this section applies, be provided in a conspicuous place and in such a position as to be easily seen by the persons employed to work in the premises on that floor a thermometer of a kind suitable for enabling the temperature in any such room on that floor to be readily determined; and a thermometer provided in pursuance of this subsection shall be kept available for use by those persons for that purpose.

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

(6)It shall be the duty of the employer of persons for whom means of enabling them to warm themselves are provided in pursuance of subsection (3) of this section to afford them reasonable opportunities for using those means, and if he fails so to do he shall be guilty of an offence.

(7)In this section “fume” includes gas or vapour.]

[F127 Ventilation. E+W+S

(1)Effective and suitable provision shall be made for securing and maintaining, by the circulation of adequate supplies of fresh or artificially purified air, the ventilation of every room comprised in, or constituting, premises to which this Act applies, being a room in which persons are employed to work.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13]

[F148 Lighting. E+W+S

(1)Effective provision shall be made for securing and maintaining, in every part of premises to which this Act applies in which persons are working or passing, sufficient and suitable lighting, whether natural or artificial.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15

(3)All glazed windows and skylights used for the lighting of any part of premises to which this Act applies in which work, or through which pass, any of the persons employed to work in the premises shall, so far as reasonably practicable, be kept clean on both the inner and outer surfaces and free from obstruction; but this subsection shall not affect the white-washing or shading of windows or skylights for the purpose of mitigating heat or glare.

(4)All apparatus installed at premises to which this Act applies for producing artificial lighting thereat in parts in which the securing of lighting is required by this section to be provided for shall be properly maintained.]

[F169 Sanitary conveniences. E+W+S

(1)There shall, in the case of premises to which this Act applies, be provided, at places conveniently accessible to the persons employed to work in the premises, suitable and sufficient sanitary conveniences for their use.

(2)Conveniences provided in pursuance of the foregoing subsection shall be kept clean and properly maintained and effective provision shall be made for lighting and ventilating them.

F17(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Subsection (1) of this section shall be deemed to be complied with in relation to any premises as regards any period during which there are in operation arrangements for enabling the persons employed to work in the premises to have the use of sanitary conveniences provided for the use of others, being conveniences whose provision would have constituted compliance with that subsection had they been provided in pursuance thereof for the first-mentioned persons and with respect to which the requirements of subsection (2) of this section are satisfied.

(6)F18... [F19section 45] of the M1 Public Health Act 1936 F20... F21... (which [F22relates] to the provision and repair of sanitary conveniences for factories, &c.) [F23shall not] apply to premises to which this Act applies. ]

[F2410 Washing facilities. E+W+S

(1)There shall, in the case of premises to which this Act applies, be provided, at places conveniently accessible to the persons employed to work in the premises, suitable and sufficient washing facilities, including a supply of clean, running hot and cold or warm water and, in addition, soap and clean towels or other suitable means of cleaning or drying.

(2)Every place where facilities are provided in pursuance of this section shall be provided with effective means of lighting it and be kept clean and in orderly condition, and all apparatus therein for the purpose of washing or drying shall be kept clean and be properly maintained.

(3),(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25

(5)Subsection (1) of this section shall be deemed to be complied with in relation to any premises as regards any period during which there are in operation arrangements for enabling the persons employed to work in the premises to have the use of washing facilities provided for the use of others, being facilities whose provision would have constituted compliance with that subsection had they been provided in pursuance thereof for the first-mentioned persons and which are provided at a place with respect to which the requirements of subsection (2) of this section are satisfied.]

[F2611 Supply of drinking water. E+W+S

(1)There shall, in the case of premises to which this Act applies, be provided and maintained, at suitable places conveniently accessible to the persons employed to work in the premises, an adequate supply of wholesome drinking water.

(2)Where a supply of water provided at a place in pursuance of the foregoing subsection is not piped, it must be contained in suitable vessels and must be renewed at least daily; and all practicable steps must be taken to preserve it and the vessels in which it is contained from contamination.

(3)Where water a supply of which is provided in pursuance of this section is delivered otherwise than in a jet from which persons can conveniently drink, there shall either—

(a)be provided, and be renewed so often as occasion requires, a supply of drinking vessels of a kind designed to be discarded after use; or

(b)be provided a sufficient number of drinking vessels of a kind other than as aforesaid, together with facilities for rinsing them in clean water.

(4)Subsection (1) of this section shall be deemed to be complied with in relation to any premises as regards any period during which there are in operation arrangements for enabling the persons employed to work in the premises to avail themselves of a supply of drinking water provided and maintained for the use of others, being a supply whose provision and maintenance would have constituted compliance with that subsection had it been provided and maintained for the use of the first-mentioned persons, and—

(a)where the supply provided is not piped, the requirements of subsection (2) of this section are satisfied as respects it and the vessels in which it is contained; and

(b)where the water supplied is delivered as mentioned in subsection (3) of this section, the requirements of that subsection are satisfied.]

[F2712 Accommodation for clothing. E+W+S

(1)There shall, in the case of premises to which this Act applies,—

(a)be made, at suitable places, suitable and sufficient provision for enabling such of the clothing of the persons employed to work in the premises as is not worn by them during working hours to be hung up or otherwise accommodated; and

(b)be made, for drying that clothing, such arrangements as are reasonably practicable or, if a standard of arrangements for drying that clothing is prescribed, such arrangements as conform to that standard.

(2)Where persons are employed to do such work in premises to which this Act applies as necessitates the wearing of special clothing, and they do not take that clothing home, there shall, in the case of those premises,—

(a)be made, at suitable places, suitable and sufficient provision for enabling that clothing to be hung up or otherwise accommodated; and

(b)be made, for drying that clothing, such arrangements as are reasonably practicable or, if a standard of arrangements for drying that clothing is prescribed, such arrangements as conform to that standard.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28]

[F2913 Sitting facilities. E+W+S

(1)Where persons who are employed to work in office, shop or railway premises have, in the course of their work, reasonable opportunities for sitting without detriment to it, there shall be provided for their use, at suitable places conveniently accessible to them, suitable facilities for sitting sufficient to enable them to take advantage of those opportunities.

(2)Where persons are employed to work in a room which comprises, or is comprised in or constitutes, shop premises, being a room whereto customers are invited to resort, and have in the course of their work, reasonable opportunities for sitting without detriment to it, facilities provided for their use in pursuance of subsection (1) of this section shall be deemed not to be sufficient if the number of seats provided and the number of the persons employed are in less ratio than 1 to 3.

(3)It shall be the duty of the employer of persons for whose use facilities are provided in pursuance of the foregoing provisions of this section to permit them to use them whenever the use thereof does not interfere with their work, and if he fails so to do he shall be guilty of an offence.]

[F3014 Seats for sedentary work. E+W+S

(1)Without prejudice to the general obligation imposed by the last foregoing section, where any work done in any premises to which this Act applies is of such a kind that it (or a substantial part of it) can, or must, be done sitting, there shall be provided for each person employed to do it there a seat of a design, construction and dimenstions suitable for him and it, together with a foot-rest on which he can readily and comfortably support his feet if he cannot do so without one.

(2)A seat provided in pursuance of the foregoing subsection, and a foot-rest so provided that does not form part of a seat, must be adequately and properly supported while in use for the purpose for which it is provided.

(3)For the purpose of subsection (1) of this section, the dimensions of an adjustable seat shall be taken to be its dimensions as for the time being adjusted.]

[F3115 Eating facilities. E+W+S

Where persons employed to work in shop premises eat meals there, suitable and sufficient facilities for eating them shall be provided.]]

[F3216 Floors, passages and stairs. E+W+S

(1)All floors, stairs, steps, passages and gangways comprised in premises to which this Act applies shall be of sound construction and properly maintained and shall, so far as is reasonably practicable, be kept free from obstruction and from any substance likely to cause persons to slip.

(2)For every staircase comprised in such premises as aforesaid, a substantial hand-rail or hand-hold shall be provided and maintained, which, if the staircase has an open side, shall be on that side; and in the case of a staircase having two open sides or of a staircase which, owing to the nature of its construction or the condition of the surface of the steps or other special circumstances, is specially liable to cause accidents, such a hand-rail or hand-hold shall be provided and maintained on both sides.

(3)Any open side of a staircase to which the last foregoing subsection applies, shall also be guarded by the provision and maintenance of efficient means of preventing any person from accidentally falling through the space between the hand-rail or hand-hold and the steps of the staircase.

(4)All openings in floors comprised in premises to which this Act applies shall be securely fenced, except in so far as the nature of the work renders such fencing impracticable.

(5)The foregoing provisions of this section shall not apply to any such part of any fuel storage premises as is in the open, but in relation to any such part the following provisions shall have effect, namely,—

(a)the surface of the ground shall be kept in good repair;

(b)all steps and platforms shall be of sound construction and properly maintained;

(c)all openings in platforms shall be securely fenced, except in so far as the nature of the work renders such fencing impracticable.]

F3317. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

F3418. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

F3519. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

20—22.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36E+W+S

F3723. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F38E+W+S

25, 26.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F39E+W+S

27

(1)(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F41

28—41.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F42E+W+S