S.I. No. 32/1976:

FACTORIES (MANUFACTURE OF LEAD COMPOUNDS) REGULATIONS, 1976.

FACTORIES (MANUFACTURE OF LEAD COMPOUNDS) REGULATIONS, 1976.

I, MICHAEL O'LEARY, Minister for Labour, in exercise of the powers conferred on me by sections 6 , 8 , 20 , 53 , 54 , 57 and 71 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 the following Regulations:

1. (1) These Regulations may be cited as the Factories (Manufacture of Lead Compounds) Regulations, 1976.

(2) These Regulations shall come into operation on the 1st day of March, 1976.

2. The Lead Compounds Manufacture Regulations, 1921 (S.R. & O., 1921, No. 1443) (Dated the 23rd August, 1921), are hereby revoked.

3. In these Regulations-

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

"appointed doctor" means as respects a factory to which these Regulations apply, either the certifying doctor for the district in which the factory is situated, or a registered medical practitioner specially appointed by written certificate of the Minister for the purpose of these Regulations;

"approved" means approved for the time being by the Minister;

"damp" means sufficiently moist to allay dust;

"health register" means the register kept pursuant to Regulation 16 of these Regulations;

"impervious" means impervious to water;

"lead compounds" means--

(i) the following compounds, namely, any carbonate, sulphate, nitrate or acetate of lead, or

(ii) any lead material used in the manufacture of any of the aforesaid compounds and containing five per cent or more of lead but excluding metallic lead or ores which contain lead only in the form of sulphide;

"lead process" means--

(i) manipulation, movement or other treatment of lead compounds involving exposure thereto, and

(ii) cleaning, repairing or demolition of any part of any building or plant which is wholly or partly constructed from material containing lead compounds, or reconstruction of any such building or plant with material which formerly formed part thereof;

"the Minister" means the Minister for Labour;

"suspension" means suspension by written certificate in the health register of a factory and signed by the appointed doctor.

4. These Regulations shall apply to every factory in which the manufacture of any carbonate, sulphate, nitrate or acetate of lead is carried on.

5. 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 any factory--

( a ) in the circumstances mentioned in section 53 of the Act, from a requirement of that section,

( b ) if, because a requirement of section 54 of the Act is not necessary for the protection of persons employed at the factory or is impracticable, the application of the requirement could in his opinion be unreasonable, from the requirement,

( c ) in case he is satisfied that a requirement of these Regulations is not necessary for the protection of persons employed at the factory or that such a requirement is impracticable, from the requirement.

6. (1) Where in a factory to which the Regulations apply white lead is made by the "stack" process, every stack shall be provided with a standpipe and moveable hose and an adequate supply of water distributed by a hose.

(2) Every white bed shall, on the removal of the covering boards, be effectually damped by the means provided pursuant to paragraph (1) of this regulation.

(3) Every white bed shall, before being stripped, be effectually damped by the means provided pursuant to paragraph (1) of this regulation and every person employed at a white bed shall comply with the requirements of this paragraph.

7. Where in a factory to which these Regulations apply white lead is made by the "chamber" process, the chamber shall be kept damp while the process is in operation and the corrosions in the chamber and the chamber itself shall be effectually damped before the chamber is emptied, and every person employed in such process shall comply with the requirements of this regulation.

8. (1) As regards a factory to which these Regulations apply, corrosions shall be carried in trays of impervious material.

(2) No person shall be allowed, in a factory to which these Regulations apply, to carry on his head or shoulder a tray containing corrosions if the tray has been allowed to rest directly upon corrosions, or upon any surface on which there are any dry lead compounds.

(3) As regards a factory to which these Regulations apply, all corrosions shall be effectively damped before being put into the rollers or wash becks, either by dipping the tray containing them in a trough of water or by some other method approved by an inspector.

(4) Every person employed in a factory to which these Regulations apply and who in the course of his employment is concerned with corrosions shall comply with the requirements of this regulation.

9. In a factory to which these Regulations apply, the floor--

( a ) which is adjacent to rollers or open vats,

( b ) of a place where dry lead compounds are packed or manipulated,

( c ) of a place where coopering of casks which previously contained lead compounds is carried on,

shall be of smooth cement or other smooth impervious material, and shall be kept constantly damp while such compounds are being packed or manipulated.

10. (1) The following provisions of this regulation shall apply in relation to every stove in a factory to which these Regulations apply.

(2) Every stove which has to be entered to be emptied shall be provided with a window, or windows, with a total area of not less than one square metre or some other means of securing effectual thorough ventilation of the stove, and such window or windows shall be openable.

(3) In setting a stove, bowls shall not be placed on a rack therein which is more than three metres from the stove floor; provided that the foregoing provision shall not apply if some other method of setting the stove, which effectually prevents the inhalation of lead compounds, is followed.

(4) In setting a stove, each bowl placed on a rack shall rest upon the rack (and not upon another bowl).

(5) A stove shall not be entered for the purpose of drawing until the temperature, when measured at a height of 1.5 metres from the floor of the stove, is not greater than--

( a ) 22° Celsius or

( b ) 5° Celsius above the temperature of the air outside the stove.

(6) In drawing any stove or part of a stove there shall be one only stage or other standing place above the level of the stove floor, provided that the foregoing provision shall not apply if some other method of drawing the stove which effectively prevents the inhalation of lead compounds is used.

11. A person shall not be employed in a factory to which these Regulations apply on more than two days in any week in drawing any internally heated stove which it is necessary to enter in order to empty.

12. No dry lead compounds shall be deposited anywhere in a factory to which these Regulations apply except in an enclosure or receptacle that is provided either with a cover or with efficient means for preventing the escape of dust from such lead compounds into any workroom.

13. As regards a factory to which these Regulations apply, the treatment or packing of dry lead compounds shall be done only under conditions which either--

( a ) prevent the escape of dust from such compounds, or

( b ) secure the effectual removal of such dust at, or as near as practicable to, its point of origin.

14. Every lead melting pot in a factory to which these Regulations apply shall be provided with a proper enclosure fitted with hinged or sliding doors on any openings necessary for manipulative purposes, and every enclosure so provided and every furnace used in such a factory in connection with a lead process shall be provided with an efficient exhaust draught for effectually preventing the escape into any workroom from the enclosure or furnace of any dust or fume containing lead.

15. Skimmings, dross or similar material containing lead shall be removed from the exhaust draught required by Regulation 14 of these Regulations only by means of a suitable covered receptacle.

16. A health register containing the names of all persons employed in lead processes in a factory to which these Regulations apply shall be kept at the factory in an approved form.

17. (1) Every person employed in a lead process in a factory to which these Regulations apply shall be examined once in every month by the appointed doctor who shall have power to order suspension from employment in any place or process.

(2) A person who has been suspended under paragraph (1) of this regulation shall not be employed in a lead process without the written sanction of the appointed doctor and until such sanction has been entered in the health register.

(3) A record of every examination pursuant to this regulation and of the date thereof, signed or initialled by the appointed doctor, shall be entered in the health register.

18. (1) The occupier of a factory to which these Regulations apply shall provide and maintain sufficient and suitable overalls, head coverings and respiratory protective equipment and it shall be his duty to cause them to be worn in accordance with the requirements of Regulation 24 of these Regulations.

(2) The overalls and head coverings provided in pursuance of paragraph (1) of this regulation shall--

( a ) be collected at the end of every day's work and kept in proper custody in a suitable place set apart for the purpose, and

( b ) be thoroughly washed, or renewed, every week; and those used in stoves shall be washed or renewed daily.

(3) The respiratory protective equipment provided in pursuance of paragraph (1) of this regulation shall be used only for the purpose specified in Regulation 24 of these Regulations and no modification of the equipment shall be made other than in accordance with the manner (if any) specified in that regard by the manufacturers.

19. (1) The occupier shall provide for the use of all persons employed in, and remaining on the premises of, a factory to which these Regulations apply during meal intervals, suitable and adequate accommodation which shall be--

( a ) located and enclosed so as to be convenient and not exposed to dust from any lead process,

( b ) furnished with sufficient tables having impervious table top surfaces and sufficient chairs or benches with back rests,

( c ) provided with adequate means both for preparing or heating meals,

( d ) provided with adequate facilities for the washing and rinsing of cooking and eating utensils,

( e ) provided with adequate arrangements to enable persons employed to store food brought into the factory for consumption there.

( f ) provided with effective means for securing and maintaining a temperature of not less than 15° Celsius during meal times.

(2) It shall be the duty of the occupier to ensure that accommodation and facilities provided pursuant to this regulation are maintained in a clean state and under the charge of a responsible person.

20. (1) As regards a factory to which these Regulations apply, washing facilities provided in accordance with section 53 of the Act for the use of persons employed at the factory in a lead process shall be washing facilities which are adequate and suitable for the use of all of the persons so employed in the factory and, where practicable, the said facilities shall be reserved for those persons' exclusive use. The said facilities shall be under cover, under the charge of a responsible person and kept clean and they shall be immediately accessible or, where this is not reasonably practicable, conveniently accessible, from any workplace at which the persons are so employed. The said facilities shall include clean running hot and cold or warm water, together with soap, non-abrasive nail brushes and clean towels, and either--

( a ) a trough with a smooth impervious surface of such length (or, in the case of a circular or oval trough, of such circumference) as to allow sixty centimetres of length for every five persons making use thereof and fitted with suitable jets or sprays serving each sixty centimetres of length or circumference (as the case may be) and with a waste pipe without plug, or

( b ) for every five such persons at least one basin with a smooth impervious surface of suitable size fitted with suitable jets or sprays and with a waste pipe.

(2) In addition to the foregoing, the washing facilities mentioned in paragraph (1) of this regulation shall include at least one shower bath for washing the entire body with suitable arrangements for privacy and an adequate supply of hot and cold water from one fixture for every ten persons employed at the factory in a lead process, and where the number of persons so employed is not a multiple of ten, for the purposes of this paragraph, the number of persons so employed shall be regarded as being the next higher number which is a multiple of ten.

(3) Where the number of persons employed in a lead process in a factory to which these Regulations apply is not a multiple of five, for the purposes of this regulation the number of persons so employed shall be regarded as being the next higher number which is a multiple of five.

21. (1) It shall be the duty of the occupier of a factory to which these Regulation apply, before each meal, and before the end of the day's work, to allow at least ten minutes in addition to the regular meal intervals for washing to each person employed in a lead process.

(2) A notice stating the time allowed for washing pursuant to this regulation shall be affixed and kept posted in each part of a factory in which a lead process is carried on.

22. The clothing accommodation provided pursuant to section 54 of the Act in a factory to which these Regulations apply, for the use of persons employed in the manufacture of any carbonate, sulphate, nitrate or acetate of lead, shall be under the charge of a responsible person and kept clean.

23. In every factory to which these Regulations apply the floor of each workroom in which a lead process is carried on shall be cleaned daily, after being thoroughly damped.

24. It shall be the duty of every person employed in a factory to which these Regulations apply--

( a ) while engaged at white beds, rollers, washbecks or while grinding, packing, paint mixing, setting or drawing stoves or handling dry lead compounds, or while engaged in any other work involving exposure to dust of any lead compounds, to wear an overall suit and head covering, and

( b ) while emptying white beds or chambers, dry grinding, packing dry lead compounds, handling dry lead compounds, or when entering and while in a chamber used for the condensation or recovery of lead compounds, to wear a respirator.

25. It shall be the duty of every person engaged in any place or process mentioned in Regulation 24 of these Regulations, before partaking of meals or leaving the premises concerned, to deposit his overalls, head-covering or respirator in the place appointed for the purpose.

26. It shall be the duty of each person employed at a factory to which these Regulations apply in a lead process before partaking of food in or leaving the factory to wash his face, neck and arms, using the washing facilities provided for the purpose pursuant to the Act and in addition to take a shower bath at the factory at least once a week.

27. (1) Every person employed at a factory to which these Regulations apply in a lead process shall comply with the requirements of Regulation 10, 12, 13 and 15 of these Regulations, and with the requirements of paragraphs (2) and (3) of this regulation.

(2) A person shall not, after suspension under Regulation 17(1) of these Regulations, work in a lead process without written sanction entered in the health register by the appointed doctor.

(3) A person employed at a factory to which these Regulations apply in a lead process shall not smoke or use tobacco in any form, or prepare or partake of food or drink, elsewhere than in accommodation provided pursuant to Regulation 19 of these Regulations.

(4) A person shall not in any way interfere, without the knowledge and concurrence of the occupier, with means or appliances provided at a factory to which these Regulations apply for the removal of dust.

GIVEN under my OFFICIAL SEAL, this 9th day February, 1976.

MICHAEL O'LEARY,

Minister for Labour.

EXPLANATORY NOTE

These regulations prescribe measures to be taken for the safety, health and welfare of persons engaged in the manufacture of lead compounds.