No. 118/1932:

WORKMEN'S COMPENSATION ACT, 1906.

WORKMEN'S COMPENSATION ACT, 1906.

REGULATIONS DATED 22ND NOVEMBER, 1932, MADE BY THE MINISTER FOR INDUSTRY AND COMMERCE UNDER SECTION 12 OF THE WORKMEN' 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 him by Section 12 of the Workmen's Compensation Act, 1906, as adapted by the Adaptation of Enactments Act, 1922 , and all other powers thereby him enabling, the Minister for Industry and Commerce hereby makes 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, Statistics Branch, 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. These Regulations may be cited for all purposes as the Works men's Compensation Returns Regulations, 1932.

By order of the Minister for Industry and Commerce.

Dated this 22nd day of November, 1932.

JOHN LEYDON, Secretary,

Department of Industry and Commerce.

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Note.—The figures furnished by the individual employer will not be published, but will be treated as strictly confidential; only totals for industries will be published.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 (Class (i)) is carried on in connection with constructional work or building (Class (v)), the employer must make a separate return for the factory and for the constructional work or building. In the case of factories (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 ; and (f) other industries carried on in a factory.

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

In the case of shipping (Class vi)), separate returns must be made in respect of (a) steamships (including motor vessels), and (b) sailing vessels (excluding sailing vessels in the sea-fishing service).

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.—A numbered form, on which the particulars required under Part I of the Form of Return in this Schedule are to be entered, must be completed by each employer in each class of industry, and the particulars for each class must be given on a separate form. (Where a class is divided into groups, e.g., Class (i), a separate form must be completed for each group.)

If, on the return of this form, duly completed, it is shown that an employer has been insured for the whole of the year (or the whole period within the year during which persons were employed by him) and in respect of his whole liability under the Workmen's Compensation Acts with any of the Specified Companies, it will not be necessary for him to furnish the particulars required under Part II of the Form of Return. (By "Specified Companies" is meant the Insurance Companies or Associations which have made an arrangement with the Department of Industry and Commerce to make returns of the whole of the prescribed particulars in Part II of the Form of Return on behalf of the employers insured or represented by them. A list of the names of these Insurance Companies will appear on the numbered form.)

If an employer has not been so insured, and payments for compensation have been made during the year by him or on his behalf by a Company which is not one of the Specified Companies, it will be necessary for him to complete Part II of the Form of Return in respect of such payments, and a form for this purpose will be duly sent to him.

(iii) Returns for two or more concerns in the same ownership.—An employer who owns two or more concerns engaged in the same class of industry in any of the Classes (ii) to (v), or in the same group of any of the groups into which Classes (i) and (vi) are sub-divided, should include in the one return the particulars for all concerns in the same class or group.

(iv) Number of persons employed.—The number of persons employed, which is to be stated in Part I 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. Clerical staff should not be included, except in the case of railways and tramways.

(v) 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 I of the return under the heading of " Outside Workers". " Outworkers" (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.

(vi) 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.

(vii) 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.

(viii) 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.

(ix) 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 or motor fishing vessels) the persons employed are paid by the share, a. statement to that effect is to be made in Part I of the return. If part only of the crew are paid hands, the number must be stated separately.

(x) Every form received must be returned to The Director, Statistics Branch, Department of Industry and Commerce, Dublin.

FORM OF RETURN.

PART I.

(i) Address (or addresses) of premises in respect of which the return is made ............................................................ ............................................................ ............................................................ ......

............................................................ ............................................................ ............................................................ ......

(ii) Nature of work carried on............................................................ ............................................................ ...........

............................................................ ............................................................ ............................................................ ......

Approximate average number of persons employed to whom the Workmen's Compensation Acts apply :—

Male............................................................ ......................................

Female............................................................ .................................

(In returns for Shipping) Gross tonnage of the ships or vessels in respect of which the return is made..................................................

(iv) Have you been insured for the whole of the year (or the whole period within the year during which persons were employed) and in respect of your whole liability under the Workmen's Compensation Acts with any of the Specified Companies?..................................................

If so, state name of Company* and Policy No............................................................ ...............

(v) If you have not been insured or have been only partially insured with any of the Specified Companies, have any payments for compensation been made during the year—

(1) by you ?............................................................ ............................................................ ...............

(2) on your behalf by a Company which is not one of the Specified Companies?............................................................ ............................................................ ......

I certify that the information given in this return is correct.

(Signed)............................................................ .....

Description...........................................................

Name and address of Firm, etc..........................

............................................................ ........

Date............................................................ 

*If you have been insured during the year in more than one of the Specified Companies, particulars must be given in respect of each Company.

PART II.

ACCIDENTS.

(A similar form to be used for INDUSTRIAL DISEASES.)

A.—Cases of Death (whether compensation paid into court or to legal personal representative).

* Including cases in which compensation was paid both to persons wholly and to persons partly dependent.

† Expenses incurred under Section 34 of the Merchant Shipping Act, 1906, should not be included.

B.—Cases of Persons temporarily or permanently disabled.

I.—Total figures for 19 .

II.—Additional Particulars as to cases terminated during 19  

(i) Particulars as to non-fatal cases settled by payment of lump sums.§

§ Cases in which the lump sum was only the aggregate of a number of separate weekly payments already due should not be entered in this Table but in Table II. (ii) below.

ACCIDENTS—continued.

(ii) Particulars as to duration of compensation in terminated cases not settled by payment of a lump sum.

State in following Table how many cases were terminated during 19  after payment (whether in 19  or in previous years) of less than 2 weeks' compensation, of 2 weeks' compensation but less than 3, and so on.

(Cases terminated after weekly payments by payment of a lump sum should not be included.)

III.—Additional particulars as to cases not terminated during 19  .

State in following Table number of cases not terminated at end of 19  which had lasted :—

FURTHER PARTICULARS AS TO CASES OF INDUSTRIAL DISEASE.*

* All cases in which compensation is paid for anthrax should be entered in the return as cases of industrial disease, not as cases of accident.

FURTHER PARTICULARS AS TO CASES OF INDUSTRIAL DISEASE.* (continued)

* All cases in which compensation is paid for anthrax should be entered in the return as cases of industrial disease, not as cases of accident.

FURTHER PARTICULARS AS TO CASES OF INDUSTRIAL DISEASE.* (continued)

* All cases in which compensation is paid for anthrax should be entered in the return as cases of industrial disease, not as cases of accident.