Section 48: Provisions as to unfenced machinery

48. Provisions as to unfenced machinery (1) In determining whether any part of machinery is in such a position or of such construction as to be as safe to every employee or person at the place of work as it would be if securely fenced— (a) no account shall be taken of any person carrying out, while that part of machinery is in motion, an examination thereof or any lubrication or adjustment shown by the examination to be immediately necessary, if the examination, lubrication or adjustment can only be carried out while that part of machinery is in motion; and (b) in the case of any part of transmission machinery used in any process with respect to which the Permanent Secretary has declared, by certificate in writing, that he is satisfied that, owing to the continuous nature of such process, the stopping of that part would seriously interfere with the carrying on of the process, no account shall be taken of any person carrying out in the place of work, by such methods and in such circumstances and subject to such conditions as may be specified in the certificate, any such lubrication or any mounting or shifting of belts. (2) The provisions of this section shall apply only where the examination, lubrication or other operation is carried out by a competent person and in compliance with such direction as may be given by the Permanent Secretary.