Section 18: Provisions as to unfenced machinery.

(1) In determining, for the purposes of the foregoing provisions of this Part of this Act, whether any part of any machinery is in such a position or of such construction as to be safe to every person employed or working on the premises as it would be if securely fenced-
(a) no account shall be taken of any person carrying out, while the part of machinery is in motion, an examination thereof or any lubrication or adjustment shown by such examination, lubrication or adjustment which it is necessary to carry out while the part of machinery is in motion; and
(b) in the case of any part of transmission machinery used in any process in any factory with respect to which the Director of Factories has declared, by certificate in writing, that he is satisfied that, owing to the continuous nature of such process, the stopping of that part would seriously interfere with the carrying on of the process in such factory, no account shall be taken of any person carrying out in the factory by such methods and in such circumstances and subject to such conditions as may be specified in the certificate, any lubrication or any mount-in or shipping of belts.
(2) The provisions of this section shall only apply where-
(a) the examination, lubrication or other operation as aforesaid is carried out by a male person who-
(i) has attained the apparent age of eighteen years;
(ii) has been appointed by the occupier of the factory, by certificate attached to the general register, to carry out such examination, lubrication or other operation, and has been furnished by the occupier with a copy of such certificate signed by him;
(iii) has been sufficiently trained for the purposes of the work entailed by, and is acquainted with the dangers of moving machinery arising in connection with, such examination, lubrication or other operation; and
(iv) has been provided by the occupier with and is wearing a close fitting single piece overall suit in good repair, which is fastened by means having no exposed loose ends and has no external pockets other than a hip pocket;
(b) another person, instructed as to the steps to be taken in case of emergency, is immediately available within sight or hearing of any person carrying out such examination, lubrication or other operation;
(c) such steps as may be necessary, including where appropriate and reasonably practicable the erection of a barrier, are taken to prevent any person, other than a person carrying out the operation, from being in a position where he is exposed to risk of injury from the machinery; and
(d) any ladder in use for the carrying out of such examination, lubrication or other operation is securely fixed or lashed, or is firmly held by a person stationed at the foot of the ladder.