The House considered what was meant by the term ‘process’ in the Act and the Regulations. The point of law certified was ‘Whether for the purposes of the Factories Act 1961 and Regulations thereunder ‘process’ carried on in a factory means a manufacturing process or other continuous and regular activity carried on as a normal part of the operation of the factory.’
Held: The word ‘process’ used in its broad sense meant any operation or series of operations of more than minimal duration, which had some degree of continuity or repetition of a series of acts.
Lord Griffiths said: ‘My Lords, I am not prepared to answer the question in this form because the word ‘process’ is scattered throughout many sections of the 1961 Act, and it appears in many regulations made thereunder. Your Lordships have not had the opportunity to consider the meaning to be attached to ‘process’ wherever it appears and it is possible that it has different meanings in different contexts. I would confine my opinion to the meaning of the word ‘process’ where it is used in the 1969 Regulations and I would answer the certified question by saying that where the word ‘process’ is used in the Regulations it means any operation or series of operations being an activity of more than a minimal duration.’
Judges:
Lord Griffiths
Citations:
[1989] AC 692, [1989] 1 All ER 113
Statutes:
Factories Act 1961 76(1), Asbestos Regulations 1969
Jurisdiction:
England and Wales
Cited by:
Cited – McDonald v National Grid Electricity Transmission Plc SC 22-Oct-2014
Contact visiting plants supported asbestos claim
The deceased had worked as a lorry driver regularly collecting pulverized fuel ash from a power station. On his visits he was at areas with asbestos dust. He came to die from mesothelioma. His widow now pursued his claim that the respondent had . .
Lists of cited by and citing cases may be incomplete.
Health and Safety, Personal Injury
Updated: 08 August 2022; Ref: scu.538242
