Factories Act, 1955

Precautions in places where dangerous fumes are liable to be present.

38.—(1) Where work has to be done inside any chamber, tank, vat, pit, pipe, flue or similar confined space, in which dangerous fumes are liable to be present to such an extent as to involve risk of persons being overcome thereby—

(a) the confined space shall, unless there is other adequate means of egress, be provided with a manhole, which may be rectangular, oval, or circular in shape, and shall be not less than eighteen inches long and sixteen inches wide or (if circular) not less than eighteen inches in diameter, or in the case of tank wagons and other mobile plant not less than sixteen inches long and fourteen inches wide or (if circular) not less than sixteen inches in diameter,

(b) no person shall enter the confined space for any purpose unless the following requirements are complied with—

(i) all practicable steps shall be taken to remove any fumes which may be present and to prevent any ingress of fumes and, unless it has been ascertained by a suitable test that the space is free from dangerous fumes, the person entering shall wear a belt to which there is securely attached a rope of which the free end is held by a person outside, or

(ii) the person entering shall wear a suitable breathing apparatus,

(c) suitable breathing apparatus and a suitable reviving apparatus and suitable belts and ropes shall be provided and maintained so as to be readily accessible, and shall be thoroughly examined by a competent person at least once a month, or at such other intervals as may be prescribed,

(d) a sufficient number of the persons employed shall be trained and practised in the use of such apparatus, and in the method of restoring respiration,

(e) a report on every examination under paragraph (c) of this subsection, signed by the person making the examination, shall be kept available for inspection.

(2) Without prejudice to subsection (1) of this section, a person shall not enter or remain in any chamber, tank, vat, pit, pipe, flue or similar confined space for any purpose unless either—

(a) he is ensured of a supply of air adequate for respiration and to render harmless any fumes, or

(b) he is wearing a suitable breathing apparatus.

(3) The Minister may by certificate grant, subject to any conditions specified in the certificate, exemption from compliance with any of the requirements of subsection (1) of this section in any case where he is satisfied that compliance with the requirement is unnecessary or impracticable.

(4) Work shall not be permitted in any boiler-furnace or boiler-flue until it has been sufficiently cooled by ventilation or otherwise to make work safe for the persons employed.