Section - 38 - Fencing of Dangerous Machinery

    (1) Every dangerous part of any machinery shall be securely fenced unless it is in such a position or of such construction as to be as safe to every person employed or working in the premises as it would be if securely fenced.

    (2) In so far as the safety of a dangerous part of any machinery cannot by reason of the nature of the operation be secured by means of a fixed guard, the requirements of this section shall be deemed to have been complied with if a device is provided which in the opinion of an Inspector satisfactorily prevents the operator from coming into contact with that part.

    (3) Without prejudice to the generality of subsection (1), "dangerous part" includes every moving part of a prime mover, every flywheel directly connected to a prime mover, any part of a stock-bar which projects beyond the headstock of a lathe, every part of any electric generator, motor or rotary converter, and every part of transmission machinery.