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NOTICE OF ACCIDENTS ACT 1894

NOTICE OF ACCIDENTS ACT 1894 - LONG TITLE

An Act for providing for notice of and inquiry into Accidents
occurring in certain Employments and Industries{1}.
[20th July 1894]
Notice to Board of Trade of accidents in certain employments.

NOTICE OF ACCIDENTS ACT 1894 - SECT 1

1.(1) Where there occurs in any employment to which this section
applies any accident which causes to any person employed therein
either loss of life or such bodily injury as to [cause him to be
absent throughout at least one whole day from his ordinary work],
his employer shall, as soon as possible and, in case of an
accident not resulting in death, not later than six days after the
occurrence of the accident, send to the Board of Trade notice in
writing of the accident, specifying the time and place of its
occurrence, its probable cause, the name and residence of any person
killed or injured, the work on which any such person was employed
at the time of the accident, and, in the case of an injury, the
nature of the injury.

(2) If any person wilfully makes default in complying with the
requirements of this section he shall be liable on summary
conviction to a fine not exceeding [#2].

Subs.(3) rep. by 1906 c.53 s.7(1) sch.

NOTICE OF ACCIDENTS ACT 1894 - SECT 2
Application of provisions as to notice.

2.(1) Section one of this Act shall apply to the employments
specified in the schedule to this Act.

(2) If the Board of Trade are of opinion that any other employment
in which twenty persons or more, not being domestic servants, are
employed by the same employer, is specially dangerous to life or
limb, the Board may, by order, direct that section one of this Act
shall apply to that employment, and thereupon, while the order is
in force, that section shall apply accordingly.

(3) The Board of Trade may, by order, revoke or modify any order
made under the foregoing powers, and modify or limit the application
of section one of this Act to the employments specified in the
schedule to this Act.

(4) The Board of Trade may also, by order, require any further
particulars to be specified in the notice to be sent in pursuance
of section one of this Act.

(5) Every order made under this section shall be notified in the
London Gazette and in such other manner as may appear to the Board
of Trade sufficient for giving publicity thereto, and shall be laid
before both Houses of Parliament as soon as may be after it is
made.

NOTICE OF ACCIDENTS ACT 1894 - SECT 3
Power to hold formal investigation in case of serious accidents.

3. Where it appears to the Board of Trade that any accident
involving loss of life or bodily injury is of sufficient importance
to require a formal investigation of the accident, and of its
causes and circumstances, the Board may by order direct such
investigation to be held, and with respect to any such investigation
the following provisions shall have effect:

(1)The Board may appoint a competent person to hold the
investigation, and may appoint any person possessing legal, medical,
or special knowledge to act as assessor in holding the
investigation, and may assign to any such person such remuneration
as the Board, with the approval of the Treasury, determine:

(2)The person appointed to hold the investigation (hereinafter called
the court) shall hold the same in open court in such manner and
under such conditions as the court may think most effectual for
ascertaining the causes and circumstances of the accident, and
enabling the court to make the report in this section mentioned:

(3)The court shall have for the purpose of the investigation all
the powers of a court of summary jurisdiction when acting as a
court in the exercise of its ordinary jurisdiction, and all the
powers of an inspector under the Railway Regulation Acts, 1840 to
1889, and in addition the following powers; namely:

(a)Power to enter and inspect, or to authorise any person to enter
and inspect, any place or building the entry or inspection whereof
appears to the court requisite for the said purpose;

(b)Power, by summons signed by the court, to require the attendance
of all such persons as it thinks fit to call before it and
examine for the said purpose, and for that purpose to require
answers or returns to such inquiries as it thinks fit to make;

(c)Power to require the production of all books, papers and
documents which it considers important for the said purpose;

(d)Power to administer an oath and require any person examined to
make and sign a declaration of the truth of the statements made by
him in his examination:

(4)Every person attending as a witness before the court, and not
being the employer of the person killed or injured or in the
employment of that employer, shall be allowed such expenses as would
be allowed to a witness attending before a court of record, and in
case of dispute as to the amount to be allowed the same shall be
referred by the court to a master of the Supreme Court, who on
request signed by the court shall ascertain and certify the proper
amount of the expenses:

(5)The court holding an investigation under this section shall make
a report to the Board of Trade, stating the causes of the accident
and its circumstances, and adding any observations which the court
thinks right to make, and the Board may cause any such report to
be made public in such manner as the Board think fit:

(6)The court may order any costs and expenses incurred in and about
an investigation under this section (including any remuneration
payable to any person appointed to hold the investigation or to act
as assessor) to be paid by any person summoned before it, if it
finds that the accident was due to the act or default or
negligence of that person; and any such order shall, on the
application of any person entitled to the benefit thereof, be
enforced by any court of summary jurisdiction as if the costs and
expenses were a penalty imposed by the court: but subject to any
such order such costs and expenses shall be deemed to be part of
the expenses of the Board of Trade in the execution of this Act:

(7)If any person without reasonable excuse (proof whereof shall lie
on him) either fails, after having had the expenses (if any) to
which he is entitled tendered to him, to comply with any summons
or requisition of a court holding an investigation under this
section, or prevents or impedes the court in the execution of its
duty, he shall for every such offence be liable, on summary
conviction, to a fine not exceeding ten pounds, and in the case of
a failure to comply with a requisition for making any return or
producing any document shall be liable, on summary conviction, to a
fine not exceeding ten pounds for every day that such failure
continues.

NOTICE OF ACCIDENTS ACT 1894 - SECT 4
Expenses of Board of Trade.

4. The expenses of the Board of Trade in the execution of this
Act shall be defrayed out of moneys to be provided by Parliament.

NOTICE OF ACCIDENTS ACT 1894 - SECT 5
Application to Government Departments.

5. This Act shall apply in the case of accidents occurring to
persons employed by a department of the Government, and in such
cases the notice to be given by the employer shall be given by
such person as the department by general rule direct.

NOTICE OF ACCIDENTS ACT 1894 - SECT 6
Savings.

6. Nothing in this Act shall apply to any employment which is for
the time being regulated by any Act of Parliament administered by
the Secretary of State or by inspectors appointed by him, or shall
require notice to be given of any accident of which notice is
required by any other Act to be given to the Board of Trade.

NOTICE OF ACCIDENTS ACT 1894 - SECT 8
Application to Ireland.

8. In the application of this Act to Ireland the expression "master
of the Supreme Court" shall mean a [Master (Taxing Office)] of the
Supreme Court.

Every order made under this Act and required to be notified in the
London Gazette, shall, if it relates to Ireland, be notified in the
[Belfast Gazette].

NOTICE OF ACCIDENTS ACT 1894 - SECT 9
Short title.

9. This Act may be cited as the Notice of Accidents Act, 1894.

1. Construction ... or repair of any railway, tramroad, tramway,
....

Para.2 rep. by 1895 c.37 s.54 sch.3

3. Use or working of any traction engine or other engine or
machine worked by steam in the open air.