S.I. No. 33/1976 - Factories (Electric Accumulators) Regulations, 1976.


S.I. No. 33 of 1976.

FACTORIES (ELECTRIC ACCUMULATORS) 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 , 71 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 the following Regulations.

1. These Regulations may be cited as the Factories (Electric Accumulators) Regulations, 1976, and shall come into operation on the 1st day of March, 1976.

2. The Electric Accumulator Regulations, 1941, (S.R. and O., No. 19 of 1941), are hereby revoked.

3. In these Regulations—

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

"appointed doctor", as respects any factory to which these Regulations apply, 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;

"health register" means the register kept pursuant to Regulation 19 of these Regulations;

"lead process" means the melting of lead or any material containing lead, and includes casting, pasting, lead burning or any other work, including trimming or any other abrading or cutting of pasted plates, involving the use, movement or manipulation of, or contact with, any oxide of lead;

"manipulation of raw oxide of lead" means any lead process involving any manipulation or movement of raw oxide of lead (other than its conveyance in a receptacle or by means of an implement) from one operation to another;

"the Minister" means the Minister for Labour.

4. (1) Subject to paragraph (2) of this regulation, these Regulations shall apply to every factory in which the manufacture, assembly or repair of electric accumulators, or parts thereof, is carried on.

(2) These Regulations shall not apply to a factory in which—

( a ) the only electric accumulators, or parts thereof, being manufactured, assembled or repaired are accumulators which do not contain lead or any lead compound, or

( b ) the only electric accumulator, or parts thereof, being repaired in the factory is an accumulator which forms part of a stationary battery used in the factory.

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

( b ) in case any requirement of section 54 of the Act is in the opinion of the Minister not necessary for the protection of persons employed at the factory or is impracticable and the application of the requirement would 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. A person under eighteen years of age or any woman shall not be employed at a factory to which these Regulations apply in—

( a ) any lead process,

( b ) any room in the factory in which the manipulation of raw oxide of lead or pasting is carried on.

7. In case two or more of the following processes namely,

( a ) manipulation of raw oxide of lead,

( b ) pasting,

( c ) drying of pasted electric accumulator plates,

( d ) formation with lead burning or tacking necessarily carried on in connection therewith, and

( e ) melting down of such pasted plates,

is carried on at a factory to which these regulations apply, each of the processes shall be carried on so as to secure effective separation from one another and from any other process.

8. In any room in a factory to which these Regulations apply and in which a lead process is carried on there shall be at least fourteen cubic metres of air space for each person employed therein, and in computing air space for the purposes of this regulation any excess over four metres in the height of the room shall be disregarded.

9. Every workroom in a factory to which these Regulations apply shall be provided with air inlets and air outlets which shall be of such size, and be placed and maintained so as to ventilate all parts of the workroom.

10. In every pasting room in a factory to which these Regulations apply the distance between the working position of any paster and that of the paster working nearest to him shall not be less than 1.5 metres.

11. As regards a factory to which these Regulations apply, the following provisions shall have effect in respect of the floor of every room therein in which a lead process is carried on namely:

( a ) the floor shall be made of cement or similar material and shall be smooth and impervious to water,

( b ) the floor shall be maintained in sound condition.

( c ) the floor shall be kept free from material, plant, or other thing which might cause an obstruction and which is not required in connection with or produced in such process,

( d ) the floor shall be cleaned throughout daily and, except in a grid casting shop, such cleansing shall be carried out immediately after the floor has been thoroughly sprayed with water at a time when no other work is being carried on in the room,

( e ) where manipulation of raw oxide of lead or pasting is carried on in the room, the floor shall be—

(i) kept constantly moist while any work is being done,

(ii) provided with suitable and adequate arrangements for drainage,

(iii) thoroughly washed daily by means of a hosepipe.

12. As regards a factory to which these Regulations apply, the following provisions shall have effect in respect of every work-bench therein at which a lead process is carried on, namely—

( a ) the work-bench shall have a smooth surface and be maintained in sound condition,

( b ) the work-bench shall be kept free from material, plant or other thing which might cause an obstruction and which is not required or produced in such process,

( c ) the work-bench shall be cleansed daily and, except for a grid casting shop, such cleansing shall be carried out, either immediately after the work-bench has been thoroughly damped or by means of a suction cleaning apparatus, and at a time when no other work is being carried on at such work-bench,

( d ) where the work-bench is used for pasting—

(i) its work surfaces shall be covered throughout with sheet lead or other impervious material,

(ii) it shall be provided with raised edges,

(iii) it shall be kept constantly moist while pasting is being carried on.

13. (1) The following processes shall not be carried on at a factory to which these Regulations apply, without the use of an efficient exhaust draught, namely—

( a ) the melting of lead or materials containing lead,

( b ) the manipulation of raw oxide of lead,

( c ) pasting,

( d ) trimming, brushing, filing or any other abrading or cutting of pasted plates giving rise to dust,

( e ) lead burning other than—

(i) tacking in a formation room,

(ii) chemical burning for the making of lead linings for cell cases where necessarily carried on in such a manner that the application of efficient exhaust is impracticable.

(2) Paragraph (1) of this Regulation shall not apply to the manipulation of raw oxide of lead if the manipulation is done in an enclosed apparatus preventing the escape of dust into the room where such manipulation is carried on.

(3) Subject to paragraph (4) of this regulation, an exhaust draught required by this regulation shall be driven by mechanical means and shall operate on the dust or fume which it removes as nearly as possible to the point of origin of the dust or fume and shall prevent such dust or fume entering any room in which persons work.

(4) An exhaust draught required by this regulation and used in relation to a pot containing molten lead may be effected by natural means if there is produced through the working opening over the pot an average inward air velocity, measured across the plane of the opening, of at least thirty-six linear metres per minute.

14. The products of combustion produced in the heating of any melting pot in a factory to which these Regulations apply shall not be allowed to escape into any room in which persons are employed.

15. As regards a factory to which these Regulations apply, a suitable receptable with a tightly fitting cover shall be provided for dross removed from every melting pot and, except when dross is being deposited therein, such receptacle shall be kept covered while it is in any workroom.

16. In every workroom in a factory to which these Regulations apply, a suitable receptacle shall be provided for old electric accumulator plates and for waste material likely to produce dust.

17. (1) The racks or shelves provided in any drying room in a factory to which these Regulations apply shall not be more than 2.4 metres from the floor nor more than six hundred millimetres in width and, as regards racks or shelves set or drawn from both sides, the total width shall not exceed 1.2 metres.

(2) The racks or shelves aforesaid shall be cleansed only after being thoroughly damped unless an efficient suction cleaning apparatus is used for this purpose.

18. (1) As regards a factory to which these Regulations apply, arrangements shall be made so that every person employed at the factory in a lead process shall be medically examined by the appointed doctor once in every month.

(2) Due notice shall be given to the person concerned of the day and time on which a medical examination in pursuance of this regulation has been arranged.

(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.

19. A health register containing the names of all persons employed in any lead process in a factory to which these Regulations apply shall be kept at the factory in a form approved for the time being by the Minister.

20. A person in respect of whom the appointed doctor has certified, whether in the health register or otherwise, that his employment in lead processes should be suspended shall not be employed at a factory to which these Regulations apply in any lead process until the sanction thereto of the appointed doctor has been entered in or attached to the health register.

21. (1) As respects a factory to which these Regulations apply, protective clothing shall be provided and maintained in good repair for every person employed in the factory in—

( a ) manipulation of raw oxide of lead,

( b ) pasting, or

( c ) a formation room.

(2) The protective clothing required by this regulation shall consist of an overall, an apron made of material impervious to water, clogs or other suitable footwear and, in the case of a person employed in the manipulation of raw oxide of lead or in pasting, a head covering.

(3) Every overall and head covering provided in pursuance of this regulation for a person employed in the manipulation of raw oxide of lead or in pasting shall be washed or renewed weekly.

22. (1) In case persons are employed at a factory to which these Regulations apply in any lead process and remain on the factory premises during meal intervals, a suitable mess-room shall be provided and maintained at the factory for their use.

(2) A mess-room provided in pursuance of this regulation shall be—

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

( b ) provided with adequate means for heating food and boiling water,

( c ) placed under the charge of a responsible person, and

( d ) kept clean.

23. (1) 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 a lead process, shall be separate from the accomodation mentioned in Regulation 22 of these Regulations.

(2) In addition to the foregoing, there shall be provided at a factory to which these Regulations apply separate and suitable arrangements for the storage of protective clothing provided pursuant to Regulation 21 of these Regulations.

24. (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 in a lead process, shall be washing facilities which are adequate and suitable for the use of all 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 kept in a clean and orderly condition, be under cover and be immediately accessible or, where this is not reasonably practicable, conveniently accessible, from the relevant workplace. The said facilities shall include clean running hot and cold or warm water, soap, non-abrasive nail brushes and clean towels, and, in addition, 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) 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.

25. It shall be the duty of an occupier of a factory to which these Regulations 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 who has been employed at the factory in the manipulation of raw oxide of lead or in pasting; provided that if one basin or sixty centimetres of trough is provided at the factory (being a basin or trough which meets the requirements of Regulation 24 of these Regulations) for each such person, the foregoing provisions of this regulation shall not apply.

26. (1) In every factory to which these Regulations apply, there shall be provided at least one shower bath for washing the entire body for every ten persons employed in the factory in a lead process and every such shower bath shall have an adequate supply of hot and cold water supplied from one fixture together with a sufficient supply of soap and clean towels.

(2) In case the number of persons employed in a lead process is not a multiple of ten, 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 ten.

27. It shall be the duty of a person employed in a lead process at a factory to which these Regulations apply to present himself for any medical examination required by Regulation 18 of these Regulations.

28. It shall be the duty of every person employed in a lead process at a factory to which these Regulations apply to deposit in the cloakroom provided in pursuance of Regulation 23 of these Regulations all clothing not used by him during working hours.

29. It shall be the duty of every person employed at a factory to which these Regulations apply, in the manipulation of raw oxide of lead, in pasting or in a formation room to wear the protective clothing provided in pursuance of Regulation 21 of these Regulations and to deposit such clothing after use in the accommodation provided in pursuance of Regulation 23 of these Regulations.

30. A person employed at a factory to which these Regulations apply, shall neither introduce, keep, prepare or partake of any food or drink nor make use of any tobacco in any place in the factory in which a lead process is carried on.

31. (1) It shall be the duty of every person employed at a factory to which these Regulations apply, in a lead process, before partaking of food or drink or making use of tobacco in the factory or leaving the factory premises to wash his hands, and every person so employed in the manipulation of raw oxide of lead or in pasting shall, in addition, wash his face.

(2) It shall be the duty of every person so employed in the manipulation of raw oxide of lead or in pasting to take a shower bath at the relevant factory at least once a week.

32. It shall be the duty of every person employed at a factory to which these Regulations apply, in drossing to deposit the dross as soon as possible in the receptacle provided in pursuance of Regulation 15 of these Regulations.

GIVEN under my Official Seal, this 9th day of 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 and repair of electric accumulators.