S.I. No. 238/1975:

FACTORIES (ASBESTOS PROCESSES) REGULATIONS, 1975

FACTORIES (ASBESTOS PROCESSES) REGULATIONS, 1975

ARRANGEMENT OF REGULATIONS.

PART I.

Preliminary and General.

Regulation

1. Short title and commencement.

2. Interpretation.

3. Application.

4. Certificates of exemption.

5. Obligations under Regulations.

6. Notifications.

PART II.

Exhaust Ventilation Equipment and Personal Protective Equipment.

7. Exhaust ventilation equipment.

8. Personal protective equipment.

PART III.

Cleanliness of Premises and Plant.

9. Duty to keep clean.

10. Cleaning by dustless method.

11. Cleaning where cleaning by dustless method is impracticable.

12. Vacuum cleaning equipment.

13. Requirements as to construction of buildings before first use for certain processes.

14. Cleanliness of accommodation for clothing.

PART IV.

Storage and Distribution.

15. Storage.

16. Distribution, etc.

17. Marking of receptacles.

PART V.

Accommodation for and Cleaning of Personal Protective Equipment.

18. Accommodation, etc., for protective clothing and respiratory protective equipment.

19. Cleaning of protective clothing.

PART VI.

Young Persons.

20. Employment of young persons.

PART VII.

Instruction and Duties of Persons Employed.

21. Instruction of persons employed.

22. Duties of persons employed.

PART VIII.

Revocation.

23. Regulations revoked.

SCHEDULE.

Processes specified for the purposes of Regulations 3 and 13.

S.I. No. 238 of 1975.

FACTORIES (ASBESTOS PROCESSES) REGULATIONS, 1975.

I, MICHAEL O'LEARY, Minister for Labour, in exercise of the powers conferred on me by sections 6 , 57 , 71 , 83 , 84 , 85 , 86 , 87 , 88 , 89 and 99 of the Factories Act, 1955 (No. 10 of 1955), and the Labour (Transfer of Departmental Administration and Ministerial Functions) Order, 1966 ( S.I. No. 164 of 1966 ), after consultation with the Minister for Health, and after due compliance with the provisions of the Third Schedule to that Act, hereby make as special regulations the following Regulations:

PART I. Preliminary and General.

1. (1) These Regulations may be cited as the Factories (Asbestos Processes) Regulations, 1975.

(2) These Regulations shall come into operation on the 1st day of November, 1975.

2. In these Regulations--

"the Act" means the Factories Act, 1955 (No. 10 of 1955);

"asbestos" means crocidolite, amosite, chrysotile or fibrous anthophyllite or any mixture containing any one or more of the foregoing minerals;

"asbestos dust" means dust which either consists of asbestos or contains a quantity of asbestos which makes the dust liable to cause danger to health;

"premises", except where the context otherwise requires, means any premises (including any factory, dock, wharf, quay or warehouse, or any line or siding mentioned in section 88 (1) or 89 (1) of the Act) in relation to which, under Regulation 3 hereof, these Regulations apply;

"process" means a process specified in the Schedule to these Regulations;

"protective clothing" means overalls and headgear, which (in either case) are designed to, and when worn will, exclude asbestos dust;

"ship", except where the context otherwise requires, means any ship in relation to which, under Regulation 3 hereof, these Regulations apply.

3. (1) Except where the context otherwise requires, these Regulations apply to--

( a ) every factory,

( b ) every dock, wharf, quay or warehouse,

( c ) premises which are premises mentioned in subsection (1) or subsection (2) of section 83 of the Act,

( d ) every premises to which the provisions of Part V of the Act with respect to special Regulations for safety and health are applied by section 84 or 85 of the Act,

( e ) building operations described in section 88 of the Act,

( f ) works of engineering construction described in section 89 of the Act,

in or at which a process is carried on.

(2) These Regulations also apply to--

( a ) the loading or unloading of a ship at any dock, wharf, or canal in so far as such loading or unloading is comprised of a process,

( b ) any ship in or on which for the time being any work is carried out, being work to which by virtue of section 87 of the Act the provisions mentioned in paragraph (1) of this regulation apply and in the course of which a process is carried on.

(3) For so long as these Regulations are in force sections 10 (1) and 58 (1) of the Act shall, as regards any premises or ship, cease to have effect in so far as, and only in so far as, they relate to asbestos dust, and apart from the foregoing the provisions of these Regulations are in addition to and are neither in substitution for, nor in diminution of, the other provisions of the Act.

4. The Minister may (subject to such conditions, if any, as may be specified therein) by certificate in writing (which he may in his discretion revoke at any time) exempt from all or any of the requirements of these Regulations any factory, premises, place or ship to which these Regulations would otherwise apply where he is satisfied that the factory, premises, place or ship, as the case may be, is such that the requirements in respect of which the exemption is granted are not necessary for the protection of persons employed there or that in the particular circumstances the requirements are impracticable.

5. (1) Except in the case of building operations or works of engineering construction it shall be the duty--

( a ) of every employer (whether or not he is an occupier who is undertaking a process to comply with the requirements of these Regulations in relation to any person employed by him, any plant or material under his control, and any part of the factory, premises, place or ship in or in relation to which the process is being carried on or into which asbestos dust resulting from that process is liable to escape,

( b ) of every,

(i) occupier of a factory or other premises of a kind mentioned in Regulation 3 of these Regulations,

(ii) person who is in control of a ship so mentioned (whether or not he is an employer)

and in which a process is being carried on, to comply with the requirements of Regulations 8, 18, and 19 of these Regulations in relation to any person employed in or in relation to the factory, premises or ship (other than a person employed by another employer who is undertaking in or in relation to the factory, premises or ship a process) and also with the requirements of Part III of these Regulations,

( c ) of every person who is undertaking (whether alone or together with other persons employed by him) a process to comply, for the protection of the persons working in the relevant factory, premises or ship, with the requirements of these Regulations (other than Regulations 8, 14, 18, 19 and 20) as regards any work which he does while carrying on the process.

(2) In the case of building operations or works of engineering construction it shall be the duty of every contractor and of every employer who is undertaking a process to comply with the requirements of these Regulations in relation to--

( a ) both any person employed by him in the operations or on the works and any person employed in the operations or on the works by another employer and who, in either case, is liable to be exposed to asbestos dust in connection with the process, and

( b ) any plant or material under his control and any part of the place where he is carrying on the process or where asbestos dust resulting from the process is liable to escape.

6. (1) Subject to paragraph (2) of this regulation, where a person intends to undertake a process in any premises or at a place where building operations described in Regulation 3 (1) of these Regulations or works of engineering construction so described are carried on, he shall give not less than twenty-eight days written notice to the Minister, or such shorter notice as the Minister may agree to accept, of the date on which and the address of the premises or place in or at which he intends to commence undertaking the process.

(2) Paragraph (1) of this regulation shall not apply to the loading, unloading or handling of asbestos, or any process incidental thereto, at a dock, harbour, canal, wharf, quay or warehouse.

PART II. Exhaust Ventilation and Personal Protective Equipment.

7. (1) Subject to Regulation 8 of these Regulations, a process shall not be carried on in or in relation to a premises or ship unless--

( a ) suitable exhaust ventilation equipment is provided, maintained and used so as to produce an exhaust draught which is sufficient to prevent the entry of asbestos dust into the air at any workplace, or

( b ) the process is carried on in such other manner as to prevent such entry of asbestos dust.

(2) Exhaust ventilation equipment provided pursuant to this regulation shall be kept in effective use while any work of maintenance or repair to the machinery, apparatus or other plant or equipment in connection with which it is provided is being carried on.

(3) Exhaust ventilation equipment provided pursuant to this regulation shall be inspected at least once in every seven days and shall be thoroughly examined by a competent person at least once in every period of fourteen months to ensure that the exhaust ventilation equipment is properly maintained and a report of the results of every such examination signed by the person making or responsible for carrying out the examination shall be made within fourteen days after the examination.

(4) Every report made pursuant to this regulation shall be attached to the general register and be preserved and kept available for inspection by an inspector for a period of not less than 2 years after it is made.

8. (1) Where it is impracticable to comply with the requirements of paragraphs (1) and (2) of Regulation 7 of these Regulations in relation to a particular premises or ship, the following shall be provided for the use of each person employed in any part of the premises or ship into which asbestos dust resulting from a process is liable to escape, namely--

( a ) suitable respiratory protective equipment, and

( b ) protective clothing,

and the equipment and clothing shall be used by the persons for whom it is provided.

(2) All respiratory protective equipment and protective clothing provided pursuant to this regulation shall be maintained in good order.

(3) Respiratory protective equipment provided pursuant to this regulation which has been worn by a person shall not be provided for the use of another person unless it has been thoroughly cleaned and disinfected since last being worn.

(4) A person shall not be employed to perform any work in relation to which respiratory protective equipment is provided pursuant to this regulation unless he has been fully instructed previously in the proper use of that equipment.

PART III. Cleanliness of Premises and Plant.

9. The following shall, in so far as is practicable in the particular circumstances, be kept in accordance with the following provisions of this Part of these Regulations in a clean state and free from both asbestos waste and asbestos dust, namely--

( a ) all machinery, apparatus, work benches and other plant or equipment used for the purpose of or in connection with the carrying on of a process,

( b ) all external surfaces of exhaust ventilation equipment provided pursuant to these Regulations, and

( c ) all floors, interior walls, ceilings or ledges and all other internal surfaces of any part of a premises or ship which is a part either in which a process is carried on or to which asbestos dust from a process is liable to escape.

10. Subject to Regulation 11 of these Regulations, the cleaning required by Regulation 9 of these Regulations shall, so far as is practicable, be carried out by means of vacuum cleaning equipment, or by some other suitable method which ensures that asbestos dust neither escapes nor is discharged into the air of any workplace.

11. (1) In so far as it is impracticable to carry out cleaning required by Regulation 9 of these Regulations by the method described in Regulation 10 of these Regulations, the cleaning shall be carried out in the manner described in the following paragraphs of this regulation.

(2) Protective clothing and suitable respiratory protective equipment shall be provided for and used by every person present in any part of a premises or ship where the cleaning is being carried out.

(3) Any surface on which asbestos waste or dust is deposited as a result of the carrying out of the cleaning, not being a surface of the cleaning equipment used, shall be cleaned forthwith.

(4) Paragraphs (3) and (4) of Regulation 8 of these Regulations shall apply to respiratory protective equipment provided pursuant to this regulation as they apply to such equipment provided pursuant to that regulation.

12. Vacuum cleaning equipment used for cleaning pursuant to the provisions of this Part of these Regulations shall be maintained in good order and have all external surfaces kept in a clean state and free from asbestos waste and dust.

13. (1) Subject to paragraph (2) of this regulation, no process specified in paragraphs 1, 2, 3, 4 or 5 of the Schedule to these Regulations shall be used for the first time in a factory by the occupier of the factory unless the part of the factory where any process is to be carried on--

( a ) is constructed so that all the interior surfaces are smooth and impervious and is designed and constructed so as to have as few surfaces on which asbestos dust can settle as is practicable, and

( b ) has a vacuum cleaning system with filters and a source of suction located at a fixed central point from which pipes run throughout the factory providing suitably placed inlets to which portable cleaning implements can be attached and the system shall be designed and constructed so that asbestos dust cannot escape or be discharged from it into the air of any workplace.

(2) Paragraph (1) of this regulation shall not apply where a process referred to in that paragraph is carried on for less than eight hours in any week.

14. Where accommodation for clothing not worn during working hours is provided for the use of persons employed in or in relation to any premises or ship, the accommodation shall be such or shall be situated so that asbestos dust is not deposited on the clothing.

PART IV. Storage and Distribution of Asbestos.

15. In relation to every premises or ship, all loose asbestos when not in use, shall be kept in closed receptacles which prevent the escape of asbestos dust, and all asbestos waste shall, when stored, be kept in like receptacles.

16. Loose asbestos or asbestos waste shall neither be despatched or unloaded from, nor, as far as is practicable, be received into or loaded into any premises or ship except in suitable closed receptacles which prevent the escape of asbestos dust therefrom nor shall such asbestos or waste be distributed within such premises or ship except in like receptacles or by means of a totally enclosed system of conveyance.

17. All receptacles provided pursuant to Regulation 15 or 16 of these Regulations shall, where they contain crocidolite, be clearly and boldly marked "Blue asbestos--DO NOT INHALE DUST"

PART V. Accommodation for the Cleaning of Personal Protective Equipment.

18. (1) Suitable and conveniently accessible accommodation shall be provided for the use of persons employed in or in relation to any premises or ship for putting on and taking off the respiratory protective equipment and protective clothing provided to comply with these Regulations and for the storage of such clothing and equipment when it is not in use.

(2) All protective clothing and respiratory equipment which has been provided in pursuance of these Regulations shall, when not required for use, be kept in the accommodation provided under paragraph (1) of this regulation, except when it is necessary for it to he removed for cleaning or replacement.

(3) So far as practicable and subject to the requirement that protective clothing provided pursuant to these Regulations shall be replaced when necessary, the same protective clothing shall be available for use by a particular person on each occasion on which he is required by these Regulations to wear it.

19. (1) Subject to paragraph (2) of this regulation, all protective clothing provided pursuant to these Regulations shall be properly cleaned at suitable intervals in the premises or ship in relation to which the clothing is provided.

(2) The provision of paragraph (1) of this regulation which requires protective clothing to be cleaned in the relevant premises or ship shall not apply if--

( a ) before being dispatched for cleaning, the protective clothing is properly packed in suitable containers which prevent the escape of asbestos dust, and

( b ) each such container is clearly and boldly marked, "Asbestos Contaminated Clothing".

PART VI. Young Persons.

20. A young person shall not be employed--

( a ) in any process or in any part of premises into which asbestos dust from a process carried on in the premises would be liable to escape, unless the requirements of Regulation 7 of these Regulations are complied with in respect of that process, or

( b ) in carrying out any cleaning pursuant to Part III of these Regulations otherwise than by a method described in Regulation 10 of these Regulations.

PART VII. Instruction and Duties of Persons Employed in Asbestos Processes.

21. A person shall not be employed in any process in a premises or ship unless he has received, and where necessary continues to receive, adequate training and instruction before and during such employment in the precautions to be taken under these Regulations for his protection in relation to his health and safety.

22. (1) Every person employed in a process in a premises or ship who is aware that asbestos dust is likely to escape shall either--

( a ) take all necessary and reasonable steps to prevent the escape of the dust, or

( b ) withdraw from the place of exposure to dust without delay and report the matter forthwith to the relevant occupier or employer, as the case may be.

(2) Every person so employed shall comply with--

( a ) any directions relating to any requirement of these Regulations and given to him by the occupier or employer, or in the case of a ship, the person for the time being having control of the ship, and

( b ) any provision of these Regulations which requires the performance of or refraining from an act by him.

PART VIII. Revocation.

23. The Factories (Asbestos Processes) Regulations, 1972 ( S.I. No. 188 of 1972 ), are hereby revoked.

SCHEDULE.

Processes.

1. Loading, unloading, handling, breaking, crushing, disintegrating, opening and grinding asbestos, mixing asbestos (including mixing asbestos with any other material), sieving asbestos and all processes incidental to any of the foregoing.

2. All processes comprised in the manufacture of yarn or cloth composed of asbestos or asbestos mixed with any other material, including preparatory and finishing processes.

3. Making insulation slabs or sections, composed wholly or partly of asbestos, and processes incidental thereto.

4. Making or repairing of insulating mattresses composed wholly or partly of asbestos, and processes incidental thereto.

5. The application to, or the removal from, any surface of asbestos or lagging

6. The application of asbestos to any surface by spraying.

7. Any other process which either arises in the manufacture of articles composed wholly or partly of asbestos or which otherwise involves asbestos and in connection with which asbestos dust is or may be given off.

GIVEN under my Official Seal, this 7th day of October, 1975.

MICHAEL O'LEARY,

Minister for Labour.

EXPLANATORY NOTE.

The purposes of these Regulations is to prescribe measures which must be taken to ensure the adequate protection of persons employed in processes involving the use of asbestos.