I, MICHAEL O'LEARY, Minister for Labour, in exercise of the powers conferred on me by sections 6 , 8 , 20 , 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 (Pottery) Regulations 1976.

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

2. The Manufacture and Decoration of Pottery Regulations, 1913 (S. R. & O. No. 2 of 1913) are hereby revoked.

3. (1) In these Regulations--

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

"appointed doctor" as respects any factory means 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 purposes of these Regulations;

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

"damp fettling" means fettling done either,

( a ) wholly with a wet sponge or other wet material, or

( b ) while the ware being fettled is still so damp that no dust is given off;

"efficient exhaust draught", when used in connection with a process, means an exhaust draught which effictively removes, as near as possible to the point of origin, dust, fumes or spray generated in the process;

"fettling" includes scalloping, towing, sand-papering, sand-sticking and any other process of fettling;

"flint or quartz milling" includes the calcining of flint and the sieving, crushing, grinding or any other manipulation of flint or quartz in or incidental to the manufacture of ground or powered flint or quartz;

"flintless stoneware" means stoneware the body of which consists of natural clay to which no flint or quartz or other form of free silica has been added;

"flow material" means any material which contains a lead compound and which is placed in saggars with a view to its entire or partial volatilisation during the glost firing of the ware;

"galena" means native sulphide of lead containing not more than five per cent of soluble lead compound calculated as lead monoxide when determined in the manner described in paragraph (2) of this regulation;

"glaze" does not include an engobe or slip;

"glost placing" includes,

( a ) the placing of ware coated with unfired glase onto cranks of similar articles prior to their transference to saggars, trucks, ovens or kilns for glost firing,

( b ) the placing of such ware into saggars or trunks or onto oven-conveyors,

( c ) the placing of saggars containing such ware into ovens or kilns or onto trunks, and

( d ) except in the case of tunnel ovens, the removal and carring of saggars or cranks from the oven, kiln or trunk after glost;

"ground or powdered flint or quartz" does not include natural sands;

"impervious" means impervious to water;

"leadless glaze" means a glaze which does not contain more than one per cent of its dry weight of lead compound calculated as lead monoxide;

"leadless glaze factory" means a factory the occupier of which has given an undertaking to the satisfaction of the Minister that leadless glaze only shall be used therein and in which leadless glaze only is in fact used;

"lithographic transfer making" includes the wiping of colour from and the subsequent brushing of transfer sheets;

"low solubility glaze" means a glaze which yields to dilute hydrocloric acid not more than five per cent of its dry weight of soluble lead compound calculated as lead monoxide when determined in the manner described in paragraph (2) of this regulation;

"moist method", when used in relation to cleaning, means a method of cleaning in which damp sawdust or other suitable damp material is used and which prevents dust rising into the air during the cleaning process;

"potters' shops" includes all places where pottery is formed by pressing or by any other process and all places where shaping, fettling or other treatment of pottery articles prior to placing for the biscuit fire is carried on;

"pottery" includes china, earthware and any article made from clay or from a mixture containing clay and other materials;

"scheduled process" means a process included in Part I or II of the First Schedule to these Regulations;

"slip-house" includes any place where blunging is carried on;

"stopping of biscuit ware" means the filling up of cracks in ware which has been fired but to which glaze has not been applied;

"suspension" means suspension, by written certificate signed by the appointed doctor, from employment in any process for which examination by the appointed doctor is required by these Regulations;

"thimble picking" means the picking over, sorting or rearranging for further use of thimbles, stilts, spurs, strips, saddles or any similar articles which have been used for the support of pottery articles during the process of glost firing;

"ware-cleaning" means the removal of surplus glaze from ware after the application of the glaze but before glost firing, and includes panel-cutting;

"wedging of clay" means the treatment of clay which has not been pugged or rolled, by raising one piece of clay by hand and bringing it down upon another piece, but does not include the process, frequently known as "slapping of clay" in which two pieces of clay each small enough to be held in one hand are slapped together.

(2) The following is the manner of determination referred to in paragraph (1) of this regulation:

A weighted quantity of the material which has been dried at 100° Celsius and thoroughly mixed is to be continuously shaken for one hour, at the common tempeture, with 1,000 times its weight of an aqueous solution of hydrochloric acid containing 0.25 per cent by weight of hydrogen chloride. This solution is thereafter to be allowed to stand for one hour and then filtered. The lead salt contained in the clear filtrate is then to be precipitated as lead sulphide and weighed as lead sulphate.

4. Subject to Regulation 5 hereof, these Regulations shall apply to every factory in which the manufacture or decoration of pottery is carried on or in which, for use in the manufacture or decoration of pottery, lithographic transfers, frits or glazes are made, or flint or quartz is ground or powdered, or ground or powdered flint or quartz is mixed with clay or other material to form the body of the ware.

5. (1) These Regulations shall not apply to a factory in which any of the following articles but no other pottery is made, namely;

( a ) unglazed or salt-glazed ware made from natural clay in the plastic state, to which no flint or quartz or other form of free silica is or has been added,

( b ) bricks, glazed or unglazed, or

( c ) architectural terra-cotta made from plastic clay and either unglazed or glazed with a leadless glaze only.

(2) These Regulations shall not apply to the manufacture of potters' colours in a factory in which no pottery is manufactured or decorated.

6. The Minister may (subject to such conditions, if any, as may be specified therein) by certificate in writing (which in his discretion he may revoke at any time) exempt from all or any of the requirements of these Regulations any factory where he is satisfied that the requirements in respect of which the exemption is granted are not necessary for the protection of persons employer or are impracticable.

7. A glaze other than a leadless glaze or a low solubility glaze shall not be used in a factory to which these Regulations apply in the manufacture of pottery.

8. Ground or powdered flint or quartz, with or without the addition of other materials, shall not be used in any factory to which these Regulations apply for any of the following purposes, namely;

( a ) the placing of ware for the biscut fire,

( b ) the polishing of ware,

( c ) as an ingreditent in a wash for saggars, trucks, bats, cranks or other articles used in supporting ware during firing, or

( d ) as dusting or supporting powder in potters' shops.

9. (1) Subject to paragraphs (2) and (3) hereof, ground or powdered flint or quartz, other than ground or powdered flint or quartz which forms part of a slop or paste, shall not be brought into or used in any factory to which these Regulations apply.

(2) Paragraph (1) hereof shall not apply to a separate room or building in a factory being a room or building which is used for any of the following purposes, namely the manufacture of ground or powered flint or quartz, the making of frits or glazes, or the making of colours or coloured slips for the decoration of pottery, and which is not used for any other process in or incidental to the manufacture or decoration of pottery.

(3) Notwithstanding paragraph (1) hereof, ground or powdered flint or quartz may be brought into, kept and moved in a factory in bags or other containers made, closed or sealed so as to prevent the escape of dust therefrom, and such flint or quartz may, after being so brought in and before or while being mixed with other materials to form the body of the ware, be subject to any process, movement or treatment which is effected by mechanical means and carried on in an enclosure in which no person is employed and which is constructed and ventilated so as to prevent the escape of dust into any place where persons are employed.

10. (1) No woman or young person shall be employed or work in the following processes, namely,

( a ) the stopping of biscuit ware with material which yields to dilute hydrochloric acid more than five per cent of its dry weight of soluble lead compound calculated as lead monoxide when determined in the manner described in Regulation 3 (2) of these Regulations,

( b ) the weighing out, shovelling of mixing of unfritted lead compounds in the preparation or manufacture of frits, glazes or colours,

( c ) the preparation or weighing out of flow material.

( d ) the washing of saggars with a wash which yields to dilute hydrochloric acid more than five per cent of its dry weight of soluble lead compound calculated as lead monoxide when determined in the manner described in the said Regulation 3 (2),

( e ) the cleaning of boards used in any place where dipping, drying after dipping, ware-cleaning or glost placing is done, except in the case of a leadless glaze factory,

( f ) the cleaning of mangles or any part thereof, except in a leadless glaze factory,

( g ) the cleaning or scraping of floors of potters' shops or drying stoves or of any place in which any scheduled process is carried on, other than the occasional picking or scraping up of a piece of clay or other material,

( h ) the grinding of clay dust,

( i ) the wedging of clay,

( j ) wheel turning for a thrower, and

( k ) flint or quartz milling.

(2) A young person shall not be employed or work in a factory to which these Regulations apply in any process specified in Part I of the First Schedule to these Regulations, or as a wheel turner at a press for pressing tiles.

(3) A person under sixteen years of age shall not be employed or work in a factory to which these Regulations apply in any process specified in Part II of the First Schedule to these Regulations.

(4) A girl under sixteen years of age shall not be employed or work in a factory to which these Regulations apply as a lathe treader.

11. (1) A person shall not be employed in a process specified in Part I of the First Schedule to these Regulations unless within the immediately preceding period of a calendar month he has been examined by the appointed doctor for the purposes of this regulation and a record of such examination and of the date thereof, signed or initialled by the appointed doctor, has been entered in the health register referred to in Regulation 12 of these Regulations. Provided that a person who has not been employed in a factory in any such process within the period of a calendar month immediately preceding the commencement of the employment may, subject to paragraph (3) of this regulation, be employed in a process so specified for a period of not more than a calendar month without having been previously examined as aforesaid.

(2) The occupier shall make arrangements,

( a ) for the persons employed at the factory in a process or processes included in Part I of the First Schedule to these Regulations to be examined by the appointed doctor for the purposes of this regulation, and

( b ) for the examination by the appointed doctor of any person whom the occupier proposes to employ in work for which a certificate of the appointed doctor is required under Regulation 29 of these Regulations,

and due notice of the examination shall be given by the occupier to all concerned and it shall be the duty of the persons concerned to submit themselves for examination by the appointed doctor at the appointed times.

(3) The appointed doctor shall have power of suspension as respects any person examined by him for the purposes of this regulation, and no person after suspension shall, in any factory to which these Regulations apply, be employed or work in a process included in Part I of the First Schedule to these Regulations without the written sanction from the appointed doctor which sanction shall be entered in the health register.

12. The occupier of a factory to which these Regulations apply shall cause to be kept at the factory a health register in an approved form and containing the names of all persons who are employed in a process included in Part I of the First Schedule to these Regulations or in work for which a certificate of the appointed doctor is required under Regulation 29 hereof. The Register, insofar as it relates to a person employed at the factory, shall be open to inspection by that person.

13. (1) The occupier shall provide, for the use of all persons employed in any process or work specified in the first column of the Second Schedule to these Regulations, the protective clothing specified in the second column of that Schedule opposite the mention of the process or work.

(2) ( a ) For persons employed in any process or work for which washable aprons with bibs are required under subcolumn (b) of column (2) of the Table to the said Second Schedule, the occupier may instead provide either:

(i) washable overalls, or

(ii) aprons with bibs and made of material impervious to water;

( b ) The occupier of a factory to which these Regulations apply shall provide such overalls or aprons, as the case may be, if the Minister has issued and there remains in force a certificate in respect of the factory or a particular part thereof that they are in his opinion needed having regard to the conditions under which the process or work is carried on in the factory or that particular part of it.

(3) For persons employed in any process or work for which impervious aprons are required under subcolumn (c) of column (2) of the said Table and for which washable overalls are not required under subcolumn (a) of the said column (2), the occupier of a factory to which these Regulations apply shall, if the Minister has issued and there remains in force a certificate that overalls are in his opinion needed having regard to the conditions under which the process of work is carried on in the factory to which the certificate relates, provide such overalls in addition to the aprons.

(4) All protective clothing provided in pursuance of this regulation shall be of suitable design and material and shall be maintained by the occupier in good repair and the occupier shall have all over-alls and head-coverings so provided washed or renewed weekly, such washing to be done at the factory or at a laundry.

(5) All protective clothing provided in pursuance of this regulation shall be kept in proper custody when not in use; and for the accommodation of such clothing the occupier shall provide suitable and suitably situated cupboards or rooms and in such cupboards or rooms a separate peg for use by each worker required to wear such clothing.

(6) The accommodation provided in pursuance of paragraph (5) of this regulation shall not be in a room or place provided for the taking of meals and shall be separate from the accommodation provided for clothing not worn during working hours.

14. (1) It shall be the duty of every person employed in any process or work for which protective clothing is required to be provided by Regulation 13 of these Regulations to wear that clothing when employed in the process or work.

(2) Every person for whom protective clothing is required to be provided by the said Regulation 13 shall deposit that clothing after use in the accommodation provided in pursuance of paragraph (5) of that Regulation and shall not take it home or into any place provided at the relevant factory for the taking of meals.

(3) Every person for whom a waterproof apron is required to be provided by Regulation 13 of these Regulations shall thoroughly clean it daily by sponging or other wet method.

15. The accommodation for clothing not worn during working hours and provided pursuant to section 54 of the Act and the arrangements so provided for drying such clothing shall be either--

( a ) outside any room in which is carried on any scheduled process or any dusty process, or

( b ) enclosed from the air of any such room,

and such accommodation and arrangements shall not be in any room or place provided at the relevant factory for the taking of meals.

16. (1) In relation to a factory to which these Regulations apply, washing facilities provided in accordance with section 53 of the Act for the use of persons employed in any scheduled process shall where practicable be reserved for their exclusive use, and shall be adequate and suitable and be kept in a clean and orderly condition and be under cover and shall be immediately accessible or, where this is not reasonably practicable, conveniently accessible, from the workplace. The said facilities shall include clear running hot and cold or warm water, soap, non-abrasive nail brushes and clean towels, and in addition, either--

( a ) a trough with smooth impervious surface of such length (or, in the case of a circular and oval trough, of such circumference) as to allow sixty centimetres for every five person (males and females being reckoned separately for this purpose) and fitted with suitable jets or sprays serving each six hundred millimetres of length or circumfernce (as the case may be) and with a waste pipe without plug, or

( b ) for every five persons (males and females being reckoned separately for this purpose) at least one basin, with a smooth impervious surface, of suitable size fitted with suitable jets or sprays and with a waste pipe.

(2) Where the number of persons employed 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.

(3) The washing facilities referred to in this regulation shall not be in any room or place provided at the relevant factory for the taking of meals, and where males and females are employed the said facilities for females shall be screened off so as to provide privacy.

(4) Before each meal and before the end of the day's work or the end of the turn of a shift, at least five minutes in addition to the regular meal times shall be allowed for washing to each person employed at a factory to which these Regulations apply in any scheduled process.

17. (1) There shall be provided and maintained for the use of all persons employed at a factory to which these Regulations apply in any potters' shop or in any place where clay dust is preserved or where flint or quartz milling or any scheduled process is carried on, a suitable messroom or messrooms which shall be furnished with,

( a ) sufficient tables and chairs or benches with back rests, and

( b ) adequate means of warming food and boiling water.

(2) Each messroom provided pursuant to this Regulation shall be completely separated from any room in which a process is carried on and shall be placed under the charge of a responsible person, and shall also be kept clean and adequately ventilated and lighted and sufficiently warmed for use during meal intervals.

(3) Suitable arrangements shall be made for persons mentioned in paragraph (1) of this Regulation to store their food at the relevant factory during working hours.

18. (1) A person engaged or who has been engaged in any scheduled process shall not partake of food or drink or make use of tobacco or leave the factory unless he first washes his hands. The occupier shall ensure that a notice stating the provisions of this paragraph is posted and kept posted in a position in the factory to enable it easily to be read.

(2) A person employed at a factory to which these Regulations apply shall not, during the intervals allowed to him for meals or rest, remain in any potters' shop or in any place where clay dust is prepared or where flint or quartz milling or any scheduled process is carried on.

(3) A person shall not introduce food or drink into any place in which a scheduled process is carried on, or keep, prepare or partake of food or drink or make use of tobacco in any such place.

19. (1) In every workroom in which a scheduled process is carried on there shall be provided for the admission of fresh air into the room sufficient inlets suitably placed and constructed or with arrangements to prevent a draught blowing directly from the inlet onto any worker.

(2) ( a ) The drying of pottery articles by means of heat shall, save as provided in sub-paragraphs (b) and (c) of this paragraph, be carried on in a factory to which these Regulations apply only in drying stoves or in rooms set apart for that purpose.

( b ) Insofar as compliance with the foregoing requirement is not reasonably practicable by reason of the nature or size of a pottery article or through lack of space, the article may be left to be dried in a workroom, provided that in such case (except where sub-paragraph (c) of this paragraph applies) ventilation shall so far as reasonably practicable be arranged so that there is a flow of air towards the workers concerned from the direction of the sources or artificial heat used for drying the articles.

( c ) In the case of a workroom in which sanitary fireclay ware is dried by heat arising from the floor or from pipes near the floor, the requirements of subparagraph (b) of this paragraph shall not apply but the arrangements for ventilating the room shall, so far as reasonably practicable, be such as to facilitate the vertically upward movement of air from the articles being dried.

(3) Every drying stove, dryer and mangle shall be ventilated so that there is no flow of hot air from the stove, dryer or mangle into any place where any person works.

(4) In the case of vertical or tower mangles, the pipes used for heating shall not be fixed below the level of the top of any opening at which workers may put in or take off ware.

(5) The requirements of this Regulation are in addition to the requirements of section 13 of the Act.

20. (1) The dry-bulb temperature in any workroom in which a scheduled process is carried on shall not, while work is going on, be above 24° Celsius; provided that when the temperature in the shade in the open air exceeds 18° Celsius, the temperature in the workroom may exceed 24° Celsius but may not exceed by more than 5° Celsius such temperature in the shade.

(2) The dry-bulb temperature in any workroom in which pottery is made by the compression of clay dust or is fettled after being so made shall not after the first hour be less than 13° Celsius while work is going on.

(3) A suitable thermometer shall be provided and maintained in a suitable position in every workroom in which a scheduled process is carried on.

(4) When any person is in an oven for the purpose of drawing, the temperature in the oven at his head-height shall not exceed 46° Celsius.

(5) Upon demand being made at any time by persons employed or immediately proposed to be employed in an oven for the purpose of drawing, the temperature in the oven shall be taken by the occupier or his representative and the occupier shall provide a suitable thermometer for the purpose, and where a temperature is taken pursuant to a demand under this paragraph, the occupier shall inform the persons making the demand of the result.

(6) The requirements of this Regulation are in addition to the requirements of section 12 of the Act.

21. (1) The following processes shall not be carried on without the use of an efficient exhaust draught, namely,

(i) the manipulation of calcined flint at the mouth of the calcining kiln, unless the material has been made wet and remains sufficiently wet that no dust is given off,

(ii) the sieving of material drawn from the calcining kiln after the calcining of flint, unless the material has been made wet and remains sufficiently wet that no dust is given off,

(iii) the crushing or grinding of flint or quartz, unless the material has been made wet and remains sufficiently wet, or the process is carried on in a machine or plant which is enclosed, so as effectually to prevent the escape of dust into the air in any place where any person works,

(iv) the dry grinding of any material other than flint or quartz for a pottery body, unless the process is carried on in a machine or plant which is enclosed so as effectually to prevent the escape of dust into the air in any place where any person works,

(v) the sifting of clay dust for making tiles or other pottery articles by pressure, unless the material is so damp that no dust is given off,

(vi) the loading or unloading of calcined flint or of quartz or clay dust into or from any container or machine. unless the material is so damp that no dust is given off,

(vii) fettling other than damp fettling,

(viii) damp fettling, unless suitable arrangements are made for collecting scraps from the fettling and, except in the case of sanitary fireclay ware, for preventing scraps from falling onto the floor,

(ix) the pressing of tiles or (unless the material is so damp that no dust is given off) of other articles from clay dust, and in any such case the exhaust draught shall be applied to the dies of each press and to the stock boxes containing the dust,

(x) the brushing of earthenware biscuit, including earthenware tile biscuit and sanitary earthenware biscuit, unless the process is carried on in a room provided with a system of general ventilation effected with the aid of mechanical means, being a system which is certified by the Minister as being adequate in the circumstances of the case when properly maintained and which is in fact so maintained,

(xi) the placing of china for the biscuit fire if alumina or other powdered material is used,

(xii) the emptying of china biscuit flat-ware from saggars after firing in alumina or other powdered material,

(xiii) flat-knocking,

(xiv) the scouring of china biscuit by brushing or rumbling when alumina or other powdered substance has been used as a placing material,

(xv) the sieving of alumina or other powdered placing material,

(xvi) the spraying on of an engobe or slip which contains flint or quartz,

(xvii) ware-cleaning, except where this is done;

( a ) entirely with the use of wet materials, or

( b ) while the article is so damp that no dust is given off,

(xviii) the preparation or weighing out of flow material,

(xix) the lawning of dry colours, except where not more than one ounce at a time is lawned for use in painting,

(xx) glaze spraying or glaze blowing,

(xxi) colour blowing or the wiping off of colour after colour blowing,

(xxii) ground laying or colour dusting, or the wiping off of colour after either of those processes,

(xxiii) lithographic transfer making with dry colours,

(xxiv) the polishing of ware,

(xxv) the grinding of ware on a dry sandstone wheel,

(xxvi) the sorting of ghost ware with a power-driven tool,

(xxvii) the grinding of tiles on a power driven wheel in connection with tile slabbling, unless an efficient water spray is used on the wheel.

(2) Every process for which an exhaust draught is required by this Regulation shall be carried on inside a suitable hood, provided that where this is impracticable it shall be sufficient if the work is done within the effective range of an exhaust intake.

(3) All screens and sieves and all chutes, conveyors, elevators and mixers used for manipulating materials containing flint or quartz sufficiently dry to produce dust shall be enclosed and be provided with an efficient exhaust draught.

(4) In connection with ware-cleaning, suitable arrangements shall be made for any glaze dust or glass scraps not removed by exhaust draught to fall into water.

(5) Every hood in which glaze spraying or glaze blowing or colour blowing is carried on shall be thoroughly cleaned daily by a wet method.

(6) Dust removed by exhaust ventilating plant used in connection with any of the processes specified in paragraph (1) of this Regulation shall be collected in suitable apparatus and shall not be allowed to escape into the air of any workroom:

Provided that, except in cases where the Minister certifies that dust collecting apparatus is in his opinion called for, having regard to the amount of dust involved or to the position at which it is discharged from the ventilating plant, such apparatus shall not be required in the case of ventilating plant used solely in connection with any of the following processes, namely,

( a ) the brushing of earthenware biscuit,

( b ) ware-cleaning,

( c ) ground laying or colour dusting,

( d ) the polishing of ware,

( e ) the sorting of glost ware with a power-driven tool, and

( f ) the grinding of tiles on a power-driven wheel.

(7) Air discharged from exhaust ventilating plant used in connection with any of the processes specified in paragraph (1) of this Regulation shall, whether or not it has passed through dust collecting apparatus, be discharged directly into the open air so that it is not liable to be drawn into the air of any workroom.

(8) All ventilating plant and dust collecting apparatus required by this Regulation shall be properly maintained, inspected at least once in every seven days, and thoroughly examined and tested by a competent person at least once in every period of 14 months, and a report of the results of every such examination and test, signed by the person making or responsible for carrying out the examination and test, shall be made within 14 days after the examination and test.

(9) The requirements of this Regulation are in addition to the provisions of section 58 of the Act.

22. (1) The floor of every slip-house shall be impervious and of even surface, constructed and maintained so as to prevent the formation of pools of water or slip, and swilled daily and kept clean, and in connection with every such floor there shall be provided effective and suitable drainage arrangements for carrying off water from the floor.

(2) The floors of all places where the sieving, crushing or grinding of flint or of quartz is carried on shall be impervious floors of brick, flag or similar hard material, kept in good repair and thoroughly cleansed daily by washing or swilling.

(3) ( a ) In all potters' shops, in drying stoves entered by workpeople, and in all places where any of the following processes is carried on, namely,

(i) the drying of clay or the preparation of clay dust,

(ii) the making or mixing of frits or glazes containing lead or the making or mixing of colours,

(iii) the preparation or weighing out of flow material,

(iv) colour blowing, or the wiping off of colour after colour blowing,

(v) ground laying or colour dusting, or the wiping off of colour after either of those processes,

(vi) colour grinding for colour blowers,

(vii) lithographic transfer making,

(viii) the application of majolica or other glaze by blowing, painting or any other process except dipping,

there shall, subject to sub-paragraph (b) and (c) of this paragraph, be provided and maintained either a floor having a surface impervious to water, or a wooden floor with a thoroughly smooth and sound surface, and such floor shall be constructed in a substantial manner and kept in good repair so that it can be properly cleaned by a moist method and so that no dust can fall through it into any room below.

( b ) Subject to sub-paragraph (c) of this paragraph and to paragraph (12) of this Regulation, the floors constructed or reconstructed after the commencement of these Regulations, in

(i) potters' shops or drying stoves entered by workpeople,

(ii) places where there is carried on the drying of clay or the preparation of clay dust, or

(iii) places where there is carried on the making or mixing frits or glazes containing lead or the making or mixing of colours or the preparation or weighing out of flow material,

shall be capable of being washed down by a hose; and in addition to the foregoing, all floors in a factory to which these Regulations apply at a place where a scheduled process is carried on shall, not later than the expiration of the period of two years beginning on the commencement of these Regulations, have an even impervious surface.

( c ) Notwithstanding sub-paragraphs (a) and (b) of this paragraph, there may be grids in floors and the spaces below the grids shall be cleared of clay scraps, dust or debris whenever necessary and not less frequently than once in each week by an adult male who shall be provided with a suitable respirator, and such cleaning shall be carried on only after work has ceased for the day and before 3 a.m. on the following day.

( d ) Subject to the provisions of paragraph (12) of this Regulation, the floors of potters' shops, drying stoves entered by workpeople, and places where any of the processes specified in sub-paragraph (a) of this paragraph is carried on, shall be thoroughly cleaned daily either--

(i) by a moist method after work has ceased for the day and before 3 a.m. on the following day and also, in the case of any potters' shops having an impervious floor, be washing or mopping with water on at least one day in each week, or

(ii) with an efficient vacuum cleaning apparatus.

( e ) All clay scraps and debris, including any which have collected under benches and stillages, shall be removed daily from the floors of potters' shops and drying stoves entered by workpeople.

( f ) On each day between 12 noon and 2 p.m. at such time as the number of persons in the workroom is normally least, all clay scraps shall be removed from those parts of the floors of potters' shops on which persons employed in the workroom are liable to tread.

( g ) In all potters' shops and drying stoves entered by workpeople boxes shall be provided for the reception of clay scraps and broken ware.

(4) The floors of all places in which biscuit placing or glost placing is carried on shall be impervious floors of brick, flag or similar hard material kept in good repair and thoroughly cleaned by a moist method whenever the work of setting in an oven has ceased, and in every case at least once on any day on which biscuit placing or glost placing is done.

(5) Except in the case of a leadless glaze factory, the floors of all places where dipping, drying after dipping or ware-cleaning is done shall be impervious, maintained in such conditions that they can be readily and thoroughly cleaned by washing and thoroughly washed daily.

(6) The floors of all places where dipping, drying after dipping or ware-cleaning is done shall be properly sloped towards a drain.

(7) The washing and cleaning of floors and removal of clay required by sub-paragraphs (c), (d) (e) and (f) of paragraph (3) and by paragraph (5) of this Regulation shall be carried out by adult males appointed by the occupier for the purpose.

(8) Any steam pipes or other means of heating in drying-rooms or stoves or other places where pottery articles are left to dry shall, if installed after the commencement of these Regulations, and in every case fater the expiration of the period of five years beginning on such commencement, be arranged so that they do not interfere with the cleaning of the floor.

(9) Stillages and shelves in any room or place specifically mentioned in any of the foregoing paragraphs of this Regulation shall be arranged so as not to impede the thorough cleaning of the floor underneath them.

(10) As regards a factory to which these Regulations apply, the floors of all workrooms or parts of workrooms thereof not specifically mentioned in any of the foregoing paragraphs of this Regulation shall be maintained in such conditions that they can be thoroughly cleaned by a moist method or with vacuum cleaning apparatus and shall be so cleaned daily.

(11) The foregoing requirements as to the daily cleaning of floors shall not apply to those parts of floors on or immediately above which pottery articles are necessarily left overnight, but adequate arrangements shall be made for the cleaning of such parts of the floors as soon as the articles are removed.

(12) The requirements of sub-paragraph (b) of paragraph (3) of this Regulation, and so much of the requirements of sub-paragraph (d ) of the said paragraph (3) as relates to the weekly washing or mopping with water of impervious floors, shall not apply to the floors of rooms in which sanitary fireclay ware is dried by heat arising from the floor or from pipes near the floor.

(13) In the case of a slip-house where, at the commencement of these Regulations, the requirements of paragraph (1) of this Regulation as to the construction of the floor are not complied with, the Minister may by certificate temporarily exempt that slip-house from the application of those requirements if he is satisfied that, at the date of the certificate, the occupier of the factory has taken all reasonable steps towards ensuring compliance with the requirements but that such compliance is not yet practicable.

23. (1) Except in the case of a leadless glaze factory, the surface of every work-bench in any dipping house or other place where glaze is applied, in any room in which ware-cleaning is done and in any place where any of the following processes is carried on, namely,

( a ) the making or mixing of frits or glazes containing lear or of colours,

( b ) the preparation or weighing out of flow material,

( c ) colour blowing, or the wiping off of colour after that process,

( d ) ground laying or colour dusting, or the wiping off of colours after either of those processes,

( e ) colour grinding for colour blowers,

( f ) lithographic transfer making, or

( g ) glost placing,

shall be constructed of or covered with sheet metal or other smooth impervious material maintained in good condition and kept clean by means of a wet sponge or other wet material.

(2) The surface of every work-bench in a factory to which these Regulations apply and which is in a place to which paragraph (1) of this Regulation does not apply but in which a scheduled process is carried on shall,

( a ) be thoroughly cleaned by a moist method or with an efficient vacuum cleaning apparatus on every day on which the work-bench is used, and

( b ) if it is not constructed of or covered with sheet metal or other impervious material, be strongly and solidly constructed of closely jointed timber and be well maintained.

(3) The requirements of paragraph (2) (a) of this Regulation shall not apply to--

( a ) work-benches or parts of work-benches on which pottery articles are necessarily left overnight, provided that adequate arrangements are made for the cleaning of such work-benches or parts of work-benches as soon as the articles are removed, or

( b ) work-benches or parts of work-benches used wholly or mainly for the artistic painting of ware with the use of oil colours (including gilding) or the application of designs to ware by means of transfers.

(4) Stands or frames used for supporting sanitary fireclay ware shall for the purposes of the foregoing paragraphs of this Regulation be deemed not to be work-benches even if work is done upon the ware while it is so supported.

24. (1) Sufficient suitable shelves or other accommodation, arranged so as not to interfere with the thorough cleaning of the floor of the room concerned, shall be provided for moulds, other than moulds for sanitary fireclay, in use in potters' shops and such moulds shall not be left on the floor of a workroom during the night.

(2) As regards a factory to which these Regulations apply, sufficient suitable provision shall be made for the storage of all moulds which are not in use and the tops of drying stoves shall not be used for such storage: Provided that the tops of stoves may be so used if the occupier holds a certificate from the Minister that he is satisfied that sufficient other provision for the storage of moulds cannot reasonably be made available, and if the top of the stove is fully enclosed and there are reasonable means of access to all parts of the top.

(3) The occupier shall provide a suitable respirator for any person working in a mould store who elects to use it.

25. The following requirements shall apply in relation to the preparation, manipulation and storage of clay dust for use in the making of pottery;

( a ) dried clay shall not be transported from a drying-room or dryer either by hand or on the head or shoulder, but suitable trucks or other suitable means of conveyance shall be provided and used for the purpose,

( b ) dried clay shall not be broken up by hand or by the use of hand tools,

( c ) no person shall enter any dust storage ark except,

(i) for the purpose of cleaning it, or

(ii) for the purpose of carrying out repairs or other similar work and then only if the ark has been cleaned since it was last in use,

and any person entering an ark for any such purpose shall be provided with a suitable respirator,

( d ) any person who uses a shovel or other implement for the purpose of filling boxes, trucks or other containers with dust for the pressing of tiles or of other pottery articles shall be provided with a suitable respirator, and after the expiration of the period of three years beginning on the commencement of these Regulations such filling shall not be done by shovelling or with the use of other hand implements,

( e ) dust shall be transported in such a manner as to disperse as little dust as possible into the air, and in particular and without prejudice to the generality of the foregoing requirement, containers of dust shall not be transported either by hand or on the head or shoulder, but suitable trucks or other suitable means of conveyance shall be provided and used for the purpose,

( f ) any person engaged in the transport of dust shall be provided with a suitable respirator:

Provided that the Minister may, as regards a particular factory, by certificate extend the period of three years referred to in paragraph (d) of this Regulation if he is satisfied that, at the date of the certificate, the occupier has taken all reasonable steps towards ensuring compliance with the requirements of that paragraph but that such compliance is not yet practicable.

26. The following requirements shall apply to tile presses used for the making of tiles by the compression of dust;

( a ) the control handle of every such tile press shall be placed as near as practicable to table level and in no case shall it be above the shoulder level of the press operator,

( b ) in any room in use as a tile press shop at the commencement of these Regulations,

(i) the number of such tile presses shall not exceed one in proportion to every six and a half square metres of the floor area of the room,

(ii) the distance between the centres of the dies of any two presses shall not be less than 1.7 metres in any direction, and

(iii) gangways used for the conveyance of dust shall not be less than 1.8 metres in width,

( c ) in any room newly taken into use as a tile press shop after the commencement of these Regulations,

(i) the number of tile presses shall not exceed one in proportion to every 36 square metres of the floor area of the room,

(ii) the distance between the centres of the dies of any two presses shall not be less than 3 metres in any direction, and

(iii) gangways used for the conveyance of dust shall not be less than 2 metres in width.

27. (1) Raw lead compounds shall not be handled except with at least five per cent by weight of added moisture.

(2) Raw lead compounds shall be kept in their original containers until weighed out and their containers shall be kept closed or covered so as to prevent the escape of dust.

(3) A suitable respirator shall be provided for any person weighing out, shovelling or mixing unfritted lead compounds (other than galena) for or in the making of frits, glazes or colours or in the preparation of colours for use, unless the weighing out, shovelling or mixing (as the case may be) is carried out with the use of an efficient exhaust draught.

28. (1) All parts of walls or partitions which are sufficiently near to any dipping tub to be liable to be splashed with glaze shall be so tiled or painted or shall be otherwise constructed or treated so that they can be readily and thoroughly cleaned by washing.

(2) All such parts of walls or partitions and every dipping tub or other object liable to be splashed with glaze shall be thoroughly washed daily after dipping has ceased for the day.

(3) Every board used in any place where dipping, drying after dipping, ware-cleaning or glost placing is done, other than a board not so used except for the purpose of conveying articles prior to dipping:--

( a ) shall be painted red on all sides for a distance of at least six inches from each end, and

( b ) shall not be used in any other department at the factory concerned unless it has been thoroughly cleaned since last used in such a place as aforesaid.

(4) Every board on which dipped ware has been placed shall, after each occasion on which it has been used for one set of articles and before it is used for another set, be thoroughly washed by an adult male.

(5) Every mangle-shelf or stillage with fixed shelves used for dipped ware shall be thoroughly washed by an adult male at least once in every week in which it is used for that purpose.

(6) A sponge and bowl of clean water for rinsing the fingers shall be provided on the work-bench beside each person employed in majolica painting or in mottling or in applying glaze by any similar method.

(7) All rubber or other washers used to keep articles apart when being dipped, and all wires used in the process of threading up such washers, shall be thoroughly washed after each dipping.

(8) The requirements of this Regulation shall not apply to a leadless glaze factory.

29. (1) Colour blowing shall not be done with the mouth.

(2) A person shall not be employed in colour blowing unless there is in the health register referred to in Regulation 12 of these Regulations a certificate of the appointed doctor either that the person may be so employed without glasses or that (as the case may be) by reason of short sight should not be so employed when not wearing glasses, and in the second-mentioned case the person shall not be employed or work in colour blowing unless wearing glasses.

(3) The appointed doctor shall have power to revoke or modify at any time a certificate issued for the purposes of this Regulation and to attach to any such certificate a condition that the person shall be re-examined by the appointed doctor after such interval as may be specified in the certificate.

(4) All pieces of cotton wool or similar material which have been used in the process of ground laying or colour dusting shall,

( a ) be kept in a suitable receptacle or receptacles which shall be provided by the occupier for the purpose, and

( b ) when no longer required for use, be removed and burnt without unreasonable delay.

30. (1) Where hydrofluoric acid is used in a factory to which these Regulations apply it shall be kept in vessels constructed so as to minimise the risk of accidental spillage and inhalation of its vapour, and implements used for applying the acid shall be designed so as to prevent the acid from running or creeping up the handle and onto the fingers of the user.

(2) In every room or place in which hydrofluoric acid is used in a factory to which these Regulations apply there shall be affixed a cautionary notice relating to the dangers attendant upon the use of the acid and stating precautions which should be taken.

31. (1) Machines used in lithographic transfer making shall not be brushed down but shall be cleaned with either,

( a ) moist materials, such as oily rags, in such a manner as not to disperse any dust into the air, or

( b ) an efficient vacuum cleaning apparatus.

(2) All pieces of cotton wool or similar material which have been used in the process of lithographic transfer making shall be kept in a suitable receptacle or receptacles which shall be provided by the occupier for the purpose, and when no longer required for use be removed and burnt without unreasonable delay.

(3) The cleaning of pads from lithographic transfer machines in which powdered colour is used shall be done with an efficient vacuum cleaning apparatus.

32. (1) When a scheduled process is carried on in a room in which thimble picking, threading-up, or any other process which is not scheduled is also carried on, the following provisions shall apply:

( a ) if the scheduled process is carried on only in a part of the room clearly separated from the rest of that room by a barrier, guard rail or (where neither of these is practicable) a clear line of demarcation, unless there is in force a certificate issued under sub-paragraph (b) of this paragraph, only those persons who are employed in that part of the room for the purposes of these Regulations be deemed to be employed in a scheduled process, or

( b ) if the scheduled process is not so clearly separated or if the Minister has issued and there remains in force a certificate that the arrangements for separation are not in his opinion satisfactory, every person employed anywhere in that room shall for the said purposes be deemed to be a person employed in a scheduled process.

(2) ( a ) Before issuing a certificate under paragraph (1) (b) of this Regulation the Minister shall take into account the size of the room and the spacing between processes.

( b ) A legible copy of any such certificate for the time being in force shall be kept posted up in the room to which it relates in a position where it may conveniently be read by the persons employed.

(3) Every slip-house shall for the purpose of excluding dust be effectually separated from each of the following places, namely,

( a ) any place in which clay is dried,

( b ) any place in which clay is taken from a drier, and

( c ) any place in which the dry grinding or sieving of materials for pottery bodies is carried on.

33. (1) The following requirements (which are in addition to any other requirement of these Regulations) shall apply to potters' shops and to any place where clay is dried or clay dust is prepared;

( a ) all parts of beams, ledges and fixtures more than 2.25 metres above the floor shall be cleaned at least once in every period of fourteen months,

( b ) all parts of beams, ledges, fixtures, shelving and furniture not more than 2.3 metres above the floor shall be cleaned,

(i) in the case of factories or parts of factories in which sanitary fireclay ware or flintless stoneware is made, at least once in every period of fourteen months; provided that the cleaning shall be done at least once in every period of three months in any factory or part of a factory in respect of which the Minister has issued and there remains in force a certificate that this is in his opinion needed,

(ii) in factories or parts of factories to which these Regulations apply, other than those included in clause (i) of this sub-paragraph, at least once in every period of three months.

(2) The cleaning required by paragraph (1) of this Regulation shall be done by adult males nominated by the occupier for the purpose, and with an efficient vacuum cleaning apparatus or by some other effective and suitable method, and not by sweeping. A record of the date and particulars of such cleaning shall be attached to the general register and kept available for inspection by an inspector for a period of two years after it is made.

(3) All practicable means shall be adopted, by damping or otherwise, to prevent dust arising during the handling of shraff, scrap or other waste material.

(4) Every worker shall conduct his or her work so as to avoid, as far as practicable, creating or scattering dust, scrap or refuse or causing accumulations thereof.

(5) All material for thimble picking which is collected from floors or work-benches shall be riddled in an enclosed receptacle before it is taken to the place where the thimble picking is to be done.

34. (1) The occupier shall provide and maintain a sufficient number of suitable respirators required for the purposes of these Regulations and shall make arrangements so that each respirator bears a distinguishing mark indicating the person for whose use it is issued, and so far as practicable a respirator provided pursuant to this Regulation shall be used only by the person for whose use it is issued.

(2) The occupier shall provide suitable accommodation for the storage of respirators provided pursuant to this Regulation when not in use, a separate cupboard or receptacle being provided for each worker to whom such a respirator is issued.

(3) The accommodation provided in pursuance of paragraph (2) of this Regulation shall not be in a room or place provided for the taking of meals and shall be separate from the accommodation provided for clothing not worn during working hours.

(4) Every person for whom a respirator is provided in pursuance of these Regulations shall make proper use of that respirator and shall deposit it after use in the accommodation provided in pursuance of this Regulation.

35. As regards a factory to which these Regulations apply, all parts of yards and passage-ways where persons are liable to pass shall be paved, concreted or otherwise suitably surfaced so as to prevent water standing and the surfacing shall be maintained in good repair.

36. It shall be the duty of every person employed to co-operate in the enforcement of these Regulations and, if he discovers any defect in plant or appliances to which these Regulations apply, to remove such defect or report it forthwith to his employer or foreman.

FIRST SCHEDULE.

Scheduled Processes.

(Regulations 10, 11, 12, 15, 16, 17, 18, 19, 20 and 32)

PART 1.

1. The making or mixing of frits of glazes containing lead or of colours.

2. The preparation or weighing out of flow material.

3. Colour blowing, or the wiping off of colour after colour blowing.

4. Ground laying or colour dusting, or the wiping off of colour after either of those processes.

5. Colour grinding.

6. Lithographic transfer making.

7. Any other process in which any material, other than glaze, of which more than five per cent of its dry weight is comprised of a soluble lead compound (calculated in the manner described in Regulation 3 (2) of these Regulations) s used or handled in a dry state or in the form of spray or in suspension in liquid other than oil or a similar medium.

PART II.

The following processes when carried on in factories other than leadless glaze factories:

1. Dipping or other process carried on in the dipping house.

2. The application of majolica or other glaze by blowing, painting or any other process except dipping.

3. Drying after the application of glaze by dipping, blowing or any other process.

4. Ware-cleaning after the application of glaze by dipping, blowing or any other process.

5. Glost placing.

6. Any either process in which glaze is used or in which pottery articles treated with glaze are handled before glost firing.

SECOND SCHEDULE.

Protective Clothing.

(Regulation 13)

For the purposes of the Table below:--

"WO" means washable overalls, and includes overalls of the

"bib and brace" type and the garments usually known as "potter's slops'.

"WA" means washable aprons with bibs.

"IA" means aprons with bibs and made of material impervious to water.

"WH" means washable head coverings.

	(2) Protective clothing to be provided
(1) Process or work	(a) Washable overalls	(b) Washable aprons with bibs	(c) Aprons with bibs and made of material impervious to water	(d) Washable head coverings
(1) Any process involving the manipulation of dry calcined flint or of dry quartz .. .. .. .. ..	WO			WH
(2) Flint or quartz milling, or any process involving exposure to ground or powdered flint or quartz .. ..	WO
(3) The grinding or tempering of fireclay or grog. .. .. .. .. ..	WO
(4) Work in the slip-house .. ..	WO		IA
(5) The making, mixing or storage of leadless glaze or of engobe or slip.	WO
(6) The making or mixing or frits or glazes containing lead or of colours.	WO			WH
(7) The preparation of clay dust, including, drying, breaking, grinding and mixing. .. .. .. .. ..	WO			WH
(8) The loading, carrying, conveying or unloading of clay dust. .. ..	WO			WH
(9) The loading, carrying, conveying or unloading of clay or clay scraps. ..	WO
(10) Throwing, jiggering, jollying, jolly-throwing or hollow-ware pressing. ..		WA
(11) The casting or pressing of sanitary fireclay ware or flintless stoneware.		WA
(12) The casting or pressing of ware other than sanitary fireclay ware of flintless stoneware. .. .. .. ..	WO		IA
(13) Earthware towing. .. .. ..	WO		IA	WH
(14) Dust-tile pressing. .. .. ..	WO			WH
(15) Dust-tile fettling. .. .. ..	WO		IA	WH
(16) Damp fettling. .. .. ..		WA
(17) All other fettling. .. .. ..	WO		IA
(18) All other processes in potters' shops not specifically mentioned above. ..		WA
(19) The application of engobe or slip, or the application to sanitary fireclay ware of glaze in leadless glaze factories. .. .. .. .. ..	WO		IA
(20) Biscuit placing. .. .. ..	WO
(21) Work in the biscuit ware-house	WO
(22) Work as dippers or dippers' assistants, or otherwise in the application of glaze to ware (other than sanitary fireclay ware) in leadless glaze factories .. .. .. .. ..
(23) Work as dippers or dippers' assistants, or otherwise in the application of glaze, in factories other than leadless glaze factories. .. .. ..	WO		IA IA	WH
(24) Ware-cleaning in leadless glaze factories. .. .. .. .. ..
(25) Ware-glazing in factories other than leadless glazing factories. .. ..	WO		IA	WH
(26) All scheduled processes other than those specifically mentioned above.	WO (except for persons engaged in drawing a glost oven)			WH (except for glost planing)
(27) Cleaning any part of the factory or plant where there is liable to be flint or quartz or clay dust, or emptying the collectors of dust extraction plants.	WO			WH

GIVEN under my Official Seal, this 23rd day of February, 1976.

MICHAEL O'LEARY,

Minister for Labour.

EXPLANATORY NOTE.

These regulations prescribe safety measures which must be taken for the protection of the safety, health and welfare of persons engaged in the manufacture or decoration of pottery and certain associated processes.

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Irish Statutory Instruments

S.I. No. 41/1976 -- The Factories (Pottery) Regulations, 1976