Factories Ordinance, 1958



The Factories Ordinance, 1958 (Ord. 41 of 1958), was a piece of legislation that sought to set minimum standards for the health, safety and welfare of workers in factories.1 In 1960, factory workers numbered about 120,000 and made up one-quarter of Singapore’s total labour force.2 This ordinance was introduced when Singapore was on the threshold of industrialising its economy.3 It was modelled after the Factories Act, 1937 and 1948, of the United Kingdom.4 Similar to British labour laws, the ordinance also closely followed the recommendations set by the International Labour Organisation Convention but with changes to suit factory conditions in Singapore.5 When it became law on 1 June 1960, the Factories Ordinance repealed two earlier laws, the Machinery Ordinance and the Protection of Workers Ordinance.

Setting higher health, safety and welfare standards
Then Chief Minister and Minister for Labour and Welfare Lim Yew Hock introduced the Factories Ordinance in the Legislative Assembly on 22 April 1958.6 The proposed bill was welcomed by the press and in some quarters.7 Indeed, when then Minister for Health A. J. Braga delivered the second reading of the bill on 11 June 1958, he pointed out that the proposed legislation would bring factory working conditions in Singapore up to par with international standards by replacing the Machinery Ordinance and the Protection of Workers Ordinance enacted in the 1920s.8


New technology outdated these earlier ordinances. For instance, the Machinery Ordinance did not have provisions regarding electric or portable machinery that were already widely in use at the time. While the Protection of Workers Ordinance laid out standards to protect workers against disease and workplace accidents, it was never fully implemented.9

Concerns of small and big businesses
Although there was support both in the Legislative Assembly and among members of the public, many businesses, and in particular smaller businesses, were concerned about the increased costs that would be brought on by the proposed legislation. For example, the provision of separate sanitation facilities for different genders required under the proposed legislation would have raised business costs by an estimated few thousand dollars.10 There was the suggestion that one way to exempt small businesses from such increased costs would be to define “factory” as a place employing more than 12 workers under the proposed legislation.11


Select committee to get feedback
As part of the consultation process, a select committee was set up to look into public representations on the proposed legislation.12 The majority of private individuals questioned the wisdom of applying Western industrial safety standards to local factories and raised concerns over the possible difficulties that the proposed bill would impose on smaller businesses.13 Bigger businesses were wary of the additional costs arising from the new ordinance and wanted a redefinition of “factory” as premises with at least 20 workers from the proposed definition of six.14


Reaching a compromise
Taking into account the feedback, the select committee in its report recommended several changes to the proposed bill. One recommendation was to define a factory as a premise with more than 10 workers.15 The amended Factories Bill was then read a third time and passed on 8 October 1958.16


The coming into force of the Factories Ordinance was delayed when the Legislative Assembly was dissolved on 31 March 1959 ahead of the general election in May.17 After the election, the new People’s Action Party (PAP) government moved with a sense of urgency to push through various new bills in the Legislative Assembly. One of these bills sought to amend the as yet unimplemented Factories Ordinance to allow for premises that employed fewer than 10 people to be covered under it.18

In moving for the Factories (Amendment) Bill to be passed, K. M. Byrne, then Minister for Labour and Law, explained that the Factories Ordinance as it then stood did not allow for legal action to be taken against a small factory employing fewer than 10 workers even when dangerous machinery was being operated within its premises. The proposed bill sought to address this oversight by amending the ordinance so that it covered premises that employed fewer than 10 persons and which operated machinery or used flammable or noxious substances.19 The bill was successfully passed on 13 August 1959 and it became known as the Factories (Amendment) Ordinance, 1959.20 The Factories Ordinance and the Factories (Amendment) Ordinance both came into force on 1 June 1960.21

Effectiveness of the Ordinance
The Factories Ordinance was administered by the factory inspectorate. In the first six months after the Factories Ordinance became law, the inspectorate checked 882 factorie.22 The number of inspections rose over the years but despite that, there was a rise in the number of industrial accidents. From 1960 to 1965, industrial accidents rose from 85 cases to 529 cases. Most of the accidents occurred in the building and construction sector.23

Attempts to bring the number of industrial accidents down ranged from worker and public education to more stringent enforcement.24 Despite these efforts, the number of industrial accidents continued to rise. By the end of 1970, there were a total of 1,217 cases,25 highlighting the ineffectiveness of the Factories Ordinance to safeguard the welfare of industrial workers. In 1973, the Factories Ordinance, 1958, was replaced with the Factories Act, 1973. The new legislation set higher health, safety, and welfare standards for factory workers. It also contained provisions to allow authorities to combat industrial pollution.26



References
1. Singapore. 1958 Supplement to the Laws of the State of Singapore. (1960). Factories Ordinance 1958 (Ord. 41 of 1958). Singapore: [s.n.], pp. 187–190. (Call no.: RCLOS 348.5957 SIN–[HWE)
2. Singapore. Legislative Assembly. Debates: Official Report. (1958, June 11). Second Reading of the Factories Bill (Vol. 6). Singapore: [s.n.], col. 352. (Call no.: RCLOS 328.5957 SIN)
3.
Singapore. Legislative Assembly. Debates: Official Report. (1958, October 8). Third Reading of the Factories Bill (Vol. 7). Singapore: [s.n.], col. 856. (Call no.: RCLOS 328.5957 SIN)
4.
Leila bte Abdul Rahman. (1979). Safety provisions for the worker in Singapore. Singapore: Malayan Law Journal. (Call no.: RSING 344.59570465 LEI)
5.
Labour Department. (1959). Annual Report of the Labour Department, 1958. Singapore: Govt. Printers, p. 135. (Call no.: RCLOS 331 SIN)
6.
Singapore. Legislative Assembly. Debates: Official Report. (1958, April 22). First Reading of the Factories Bill (Vol. 6). Singapore: [s.n.], col. 56. (Call no.: RCLOS 328.5957 SIN)
7.
Employers in favour of ‘safety’ plan. (1958, May 14). The Singapore Free Press, p. 5. Retrieved from NewspaperSG.
8.
Singapore. Legislative Assembly. Debates: Official Report. (1958, June 11). Second Reading of the Factories Bill (Vol. 6). Singapore: [s.n.], col. 352. (Call no.: RCLOS 328.5957 SIN)
9.
Singapore. Legislative Assembly. Debates: Official Report. (1958, June 11). Second Reading of the Factories Bill (Vol. 6). Singapore: [s.n.], col. 352. (Call no.: RCLOS 328.5957 SIN)
10.
Singapore. Legislative Assembly. Debates: Official Report. (1958, June 11). Second Reading of the Factories Bill (Vol. 6). Singapore: [s.n.], cols. 354–356. (Call no.: RCLOS 328.5957 SIN)
11.
Singapore. Legislative Assembly. Debates: Official Report. (1958, June 11). Second Reading of the Factories Bill (Vol. 6). Singapore: [s.n.], col. 355. (Call no.: RCLOS 328.5957 SIN)
12.
Speak up on these Bills – call to public. (1958, June 27). The Singapore Free Press, p. 5. Retrieved from NewspaperSG.
13.
Singapore. Legislative Assembly. Select Committee on the Factories Bill. Report of the Select Committee on the Factories Bill. (L.A. 14 of 1958). Singapore: Govt. Printers, pp. 5–8. (Call no.: RCLOS 344.59570465 SIN)
14.
Singapore. Legislative Assembly. Select Committee on the Factories Bill. Report of the Select Committee on the Factories Bill. (L.A. 14 of 1958). Singapore: Govt. Printers, pp. 8–9, 13. (Call no.: RCLOS 344.59570465 SIN)
15.
Singapore. Legislative Assembly. Select Committee on the Factories Bill. Report of the Select Committee on the Factories Bill. (L.A. 14 of 1958). Singapore: Govt. Printers, pp. 27, 89. (Call no.: RCLOS 344.59570465 SIN)
16.
Singapore. Legislative Assembly. Debates: Official Report. (1958, October 8). Third Reading of the Factories Bill (Vol. 7). Singapore: [s.n.], col. 856. (Call no.: RCLOS 328.5957 SIN)
17.
The Assembly is dissolved. (1959, April 1). The Straits Times, p. 9. Retrieved from NewspaperSG.
18.
Four Bills with urgent tags to be moved. (1959, July 16) The Straits Times, p. 2. Retrieved from NewspaperSG.
19.
Singapore. Legislative Assembly. Debates: Official Report. (1959, August 13). Considered in Committee, Reported and Third Reading of the Factories (Amendment) Bill (Vol. 11). Singapore: [s.n.], cols. 387–390. (Call no.: RCLOS 328.5957 SIN)
20.
Singapore. 1959 Supplement to the Laws of the State of Singapore. (1961). Factories (Amendment) Ordinance 1959 (Ord. 49 of 1959). Singapore: [s.n.], p. 280. (Call no.: RCLOS 348.5957 SIN -[HWE] year 1959)
21.
State of Singapore. Government Gazette. Subsidiary Legislation Supplement [Microfilm: NL 4722]. (1960, April 8). Factories (Amendment) Ordinance 1958 (S 94/1960 & 95/1960). Singapore: [s.n.], p. 400. (Call no.: RSING 348.5957 SGGSLS)
22.
Labour Department. (1961). Annual Report of the Labour Department, 1960. Singapore: Lee Kim Heng, Acting Govt. Printer, p. 20. (Call no.: RCLOS 331 SIN)
23.
Labour Department. (1961). Annual Report of the Labour Department, 1960. Singapore: Lee Kim Heng, Acting Govt. Printer, p. 20. (Call no.: RCLOS 331 SIN); Ministry of Labour. (1966). Annual Report of the Ministry of Labour, 1965. Singapore: Govt. Printers, p. 46. (Call no.: RCLOS 331 SIN)
24.
Ministry of Labour. (1966). Annual Report of the Ministry of Labour, 1965. Singapore: Govt. Printers, p. 47–48. (Call no.: RCLOS 331 SIN)
25.
Singapore. Parliament. Parliamentary Debates: Official Report. (1972, March 28). Second Reading of the Factories Bill (Vol. 31). Singapore: [s.n.], cols. 1291–1298. (Call no.: RCLOS 328.5957 SIN)
26.
Ministry of Labour. (1974). Ministry of Labour Annual Report, 1973. Singapore: Govt. Printers, p. 22. (Call no.: RCLOS 331 SIN)



The information in this article is valid as at 21 October 2013 and correct as far as we are able to ascertain from our sources. It is not intended to be an exhaustive or complete history of the subject. Please contact the Library for further reading materials on the topic.

Subject
Community and Social Services
Factory workers
Politics and Government