Workmen's Compensation Act, 1906.

• Jurisdiction: Ireland
• Citation: IR SI 64/1927
• Year: 1927

STATUTORY RULES AND ORDERS. 1927. No. 64.WORKMEN'S COMPENSATION ACT, 1906.

REGULATIONS DATED 8th JANUARY, 1927, MADE BY THE MINISTER FOR INDUSTRY AND COMMERCE UNDER SECTION 12.

Regulations dated 8th January, 1927, made by the Minister for Industry and Commerce under Section 12 of the Workmen's Compensation Act, 1906, as to returns to be furnished each year by employers in certain industries with respect to the compensation paid under the Act during the previous year.

In pursuance of the powers conferred on me by Section 12 of the Workmen's Compensation Act, 1906, as adapted by the Adaptation of Enactments Act, 1922 , and all other Acts thereby me enabling, I hereby make the following Regulations :— 1. The industries to which Section 12 of the Act shall apply shall be the industries specified in the first Schedule to these Regulations. 2. The date on or before which in every year the returns required under the said. Section shall be sent to the Director of Statistics, Department of Industry and Commerce, shall be the first day of March. 3. The return shall furnish the particulars and shall be made in accordance with the directions contained in the second Schedule to these Regulations. 4. The Regulations made on the 17th October, 1913, are hereby revoked.

P. MCGILLIGAN,

Minister for Industry and Commerce.

Department of Industry and Commerce,

8th day of January, 1927.

SCHEDULE I.

INDUSTRIES FOR WHICH RETURNS ARE TO BE MADE.

(i) Any industry being carried on in any factory to which the Factory and Workshop Acts, 1901 to 1920, apply.

(ii) Working of tramways and of railways authorised by special Act or by Orders or Certificates made in pursuance of General Acts and having statutory force, including stations and sidings connected with such railways and belonging to the owners thereof.

(iii) The business of a harbour, dock, wharf or quay.

(iv) Mining and quarrying.

(v) Constructional work and building (including the construction of railways, tramways, canals, harbours or docks, bridges, tunnels, waterworks, electricity works, sewers, roads, and other works of engineering).

(vi) Shipping (excluding sailing vessels in the sea-fishing service).

SCHEDULE II.

DIRECTIONS FOR PREPARING THE RETURNS.

Note.—The figures furnished by the individual employer will not be published, but will be treated as strictly confidential; only totals for industries will be published.

(i) Separate returns for each industry.—If an employer is engaged in more than one of the six classes of industry specified in Schedule I, he must make a separate return in respect of each class in which he is engaged. For instance, where a factory is carried on in connection with a mine or quarry, the employer must make a separate return for the factory. In the case of factory industries (Class (i)) separate returns must be made in respect of each of the following groups :—(a) food, drink and tobacco ; (b) textiles and apparel ; (c) sawmilling and woodworking ; (d) shipbuilding, metal manufactures and engineering ; (e) gas works and electricity undertakings; ( f ) other industries carried on in a factory.

In the case of railways separate returns must be made in respect of (a) clerical staff ; (b) other railway servants employed in the working of railways. In the case of other industries the clerical staff is to be excluded from the returns.

In the case of shipping separate returns must be made in respect of (a) steamships (including motor vessels), and (b) sailing vessels.

Where an employer carries on in connection with an industry included in Schedule I a business or industry not so included, the return must cover only the persons employed in the scheduled industry, e.g., persons employed by the occupier of a factory in a shop connected with the factory are to be excluded.

(ii) Forms for returns.—Different forms, numbered I to VI, will be issued for each of the six classes of industry, and each return must be made up on the form applicable to the industry to which the return relates.

(iii) Joint returns for two or more establishments, &c.—A numbered form will be issued by the Department of Industry and Commerce for the purpose of the return in respect of each mine, quarry, factory, or dock or wharf on the Department of Industry and Commerce lists. But an employer who owns two or more mines or two or more quarries, or who occupies two or more factories (within the same trade group, as indicated in (i) above), or two or more docks or wharfs, may, in lieu of rendering a separate return for each mine, quarry, factory, or dock or wharf, as the case may be, include in one return all his premises falling within the same class of industry or division thereof, provided that he :

(a) States in Part I (a) of the return the names and addresses of all the premises included, and

(b) Returns to the Department of Industry and Commerce the other forms sent him and marks them "Included in Return No. ," adding the identifying number of the return in which the premises are included.

Every form received must be returned to the Director of Statistics, Department of Industry and Commerce, Dublin.

(iv) Payments under Certified Schemes, etc., to be excluded.—The return must not include any particulars with regard to (a) compensation paid under a contracting-out scheme certified by the Registrar of Friendly Societies under the Act, or (b) damages under the Employers' Liability Act or at Common Law, or (c) payments made under Section 34 of the Merchant Shipping Act, 1906, or (d) compensation for accidents which occurred prior to 1st July, 1907.

(v) Returns to include only payments under Act.—In calculating the figures as to compensation paid, the employer is to take into account only the amount actually paid by him (or by an Employers' Association or Mutual Indemnity or other Insurance Company on his behalf) under the Act to the worker. In particular, he must not take into account either (a) any benefits given to the worker over and above those provided for by the Act, or (b) costs incurred by him in connection with legal proceedings or otherwise, or (c) amounts received by him by way of indemnity from third parties, or (d) amounts received by him from, or paid by him to, other employers, under Sub-section (1) (c) (iii) of Section 8 (Industrial Diseases) of the Act.

(vi) Returns by Insurance Companies on behalf of employers.—An employer insured against his liabilities under the Act in a Mutual Indemnity or other Insurance Company, or belonging to an Association of Employers which deals on behalf of its members with claims for compensation, will not be required to make a separate return, if the Company in which he is insured, or the Association to which he belongs, is under an arrangement with the Department of Industry and Commerce to make returns of the whole of the prescribed particulars in behalf of the employers insured or represented by it ; provided he states in the form issued to him from the Department of Industry and Commerce the name of the Company or Association in which he is insured or to which he belongs and his policy number (or, if he has been insured during the year in more than one Company, the name of each Company and the number of each policy) and returns the form to the Department of Industry and Commerce. If the employer is insured with a Company, or belongs to an Association, which is under an arrangement with the Department of Industry and Commerce to supply part of the particulars prescribed, e.g., the particulars in Part 2 only, the employer will only be required to furnish a return of the remaining particulars. Otherwise the employer must make the whole return, obtaining any particulars required from the Company or Association.

(vii) Returns by employers partly insured.—An employer insured for part of the year only, must make a return for the part of the year during which he was uninsured, and must state the period for which the return is made, and the name of the Insurance Company, etc., in which he was insured for the remainder of the year.

Similarly, if an employer is insured for part only of the persons employed in his business, or for fatal cases but not for disablement cases, or for accidents but not for industrial diseases, he must make a return for the part of his liability not covered by insurance, and specify in respect of what part of his liability the return is made.

(N.B.— By " insured " is meant insured with a Company or Association which has made an arrangement with the Department of Industry and Commerce. See above.)

(viii) Number of persons employed.—The number of persons employed, which is to be stated in Part 1 (b) of the return, must be the average number employed throughout the year, e.g., two persons employed for six months each are to be counted as one person employed.

(ix) Blanks in return.—In filling up the form no blanks must be left. Columns in which there are no entries to be made should have " Nil " written across them. If no compensation at all has been paid during the year, the particulars in Part 1 must be filled in, and the words " No compensation paid " written across the columns in Part 2.

(x) Outside workers in Factories.—Persons employed in the business of the factory whose duties take them wholly or partly outside the factory, such as carters, should be included in the return, but their number should be stated separately in Part 1 (b) of the return under the heading of " Outside Workers. " " Cutworkers " (i.e., persons to whom articles or materials are given out to be made up, finished, cleaned, etc., etc., on other premises) are not to be included.

(xi) Shipping.—Vessels employed solely on inland waters are not to be included in the return.

If no paid hands have been employed during the year, or if (in the case of steam fishing vessels) the persons employed are paid by the share, a statement to that effect is to be made in Part I...