Buxton J explained the decision in Brophy, on the basis that when the fumes came from the factory heating supply and not from any part of the manufacturing process it was not a part of the process carried on in the factory.
The protection offered extended beyond those directly working in the factory at issue: ‘(i) the phrase ‘in connection with any process carried on’ refers to the dust and fume produced, not to the person operating that process; (ii) the effect of section 63 was to prohibit accumulation of dust or fume in any workroom at all, and not merely in the workroom where the process producing them was carried out; (iii) comparison with section 4 of the 1961 Act showed that section 63 provided the same ambit of protection as section 4 which, in material part, provided that adequate ventilation of each workroom, and the rendering harmless, so far as practicable, of all fumes, dust etc generated in the course of any process or work carried on in the factory as may be injurious to health; (iv) since the duty imposed by section 63 was to prevent accumulation of dust or fume, the protection which it was designed to achieve must extend to all employed in the workroom, not just those engaged in the process.’
Judges:
Buxton J
Citations:
Unreported, 15 June 1995
Statutes:
Jurisdiction:
England and Wales
Citing:
Explained – Brophy v J C Bradfield and Co Ltd CA 1955
Singleton LJ said as to regard to section 47: ‘That section again deals with work rooms and with processes carried on in the factory. For the reason I have given with regard to section 4(1) I do not think that section 47(1) applies to the facts of . .
Cited by:
Approved – 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
Updated: 22 October 2022; Ref: scu.538245
