S.I. No. 181/1972 - Industrial Training (Chemical and Allied Products Industry) Order, 1972.

S.I. No. 181 of 1972.

INDUSTRIAL TRAINING (CHEMICAL AND ALLIED PRODUCTS INDUSTRY) ORDER, 1972.

An Chomhairle Oiliuna, after consultation with organisations and associations appearing to it to be representative of substantial numbers of employers in the activities referred to in this Order and of substantial numbers of persons employed in such activities hereby, in exercise of the powers conferred on it by Section 23 of the Industrial Training Act, 1967 (No. 5 of 1967), makes the following order :

1. This Order may be cited as the Industrial Training (Chemical and Allied Products Industry) Order, 1972.

2. the Activities of the Chemical and Allied Products Industry specified in the Schedule to this Order are hereby declared to be designated industrial activities for the purposes of the Industrial Training Act, 1967 (No. 5 of 1967).

SCHEDULE

1. (i) In this Schedule :

" animal " includes any living creature;

" blend of colouring matter " means a product consisting of a blend of any colouring matter and a diluent or of a blend of two or more colouring matters with or without a diluent, being a product of which the main purpose is the colouring of any food or drink;

" chemical and allied products activities " means any one or more of the principal activities of the chemical and allied products industry and the activities included in that industry by virtue of paragraph 2 of this Schedule;

" company " includes any body corporate and " subsidiary " has the same meaning as in Section 2 (1) of the Companies Act, 1963 (No. 33 of 1963);

" compounded additive " includes any clouding, foaming or thickening agent, or any mixture of salts or preservatives with or without water;

" dealing " means by way of business and in the capacity of principal, agent or broker—

(a) in relation to any product situate in the State, buying or selling such product, or

(b) in relation to any product situate elsewhere, importing it into the State;

" drug or medicine " means any substance or article which is used wholly or mainly by being administered to human beings or animals for one or more of the purposes following, that is to say—

(a) treating or preventing disease,

(b) diagnosing disease or ascertaining the existence, degree or extent of a physiological condition,

(c) contraception,

(d) inducing anaesthesia,

(e) otherwise preventing or interfering with the normal operation of a physiological function, whether permanently or temporarily and whether by way of terminating, reducing or postponing, or increasing or accelerating, the operation of that function or in any other way,

and for the purpose of this definition " disease " includes any injury, ailment or adverse condition whether of body or mind;

" essence " means a solution, extract or distillate of one or more flavouring substances with or without the addition of any colouring matter;

" fellmongering " means the removal of hair, wool or surplus flesh from hides or skins;

" felt base floor covering " means any floor covering made from bitumen saturated grey felt paper that is paint-coated and finished with an enamel paint or plastics surface;

" flavour " means a product (other than an essence) in which one or more flavouring substances are dispersed in a liquid or solid base, with or without the addition of any emulsifying agent, colouring matter, stabiliser or preservative;

" flavouring compound " means a compound for use in the manufacture of a soft drink, and consisting of one or more flavouring substances and of one or more of the following substances, that isto say, any fruit juice, solvent, emulsifying agent, colouring matter, stabiliser, preservative, salt, acid, sugar or artificial sweetener;

" food or drink " includes—

(a) articles and substances used as ingredients in the preparation of food or drink,

(b) yeast,

(c) the following products when used or intended for use in the processing of food or drink, that is to say, any blend of colouring matter, compounded additive, essence, flavour or flavouring compound,

(d) chewing gum,

but does not include acetic acid, common salt, water (not being mineral water or soft drink) or any article or substance used only as a drug or medicine;

" furs " and " fur skins " do not include fleeces or shapes, plates, shells, garments, footwear or other manufactured articles;

" iron " and " steel " include respectively alloy iron and alloy steel containing in each case more than 55 per cent of pure iron by weight;

" leather " means a hide or skin that, having been treated or dressed so as to be imputrescible (whether or not the hair or wool has been removed therefrom) substantially retains its original fibrous structure, but is not a product of a kind used for furriers' purposes;

" linoleum " includes any similar floor covering;

" local authority " means the council of a county, county or other borough, or of an urban or rural district;

" manufacture " includes assembly, production by an electro-chemical or electric-arc process and any process or operation incidental or appertaining to manufacture as so defined;

" non-ferrous metal " means any metal other than iron or steel;

" office premises " has the same meaning as in Section 3 (1) of the Office Premises Act, 1958 (No. 3 of 1958);

" petroleum " includes any mineral oil or relative hydrocarbon and natural gas existing in its natural condition in strata, but does not include coal or bituminous shales or other stratified deposits from which oil can be extracted by destructive distillation;

" petroleum product " means crude oil, bitumen obtained therefrom, liquified petroleum gas, aviation fuel, motor spirit, kerosene, white spirit, diesel fuel, fuel oil, gas oil, lubricating oil or any similar product;

" plaster " means calcium sulphate, lime plaster or plaster of a similar character;

" plastics material " means any material made wholly or mainly by addition, polyaddition, condensation, polycondensation, polymerisation, copolymerisation, esterification or other similar chemical process, or regenerated or modified cellulose, or hardened proteins or natural resin modified by fusion or esterification, and includes any such material reinforced by glass fibres or bonding glass fibres;

" principal activities of the chemical and allied products industry " means activities which, subject to the provisions of paragraph 3 of the Schedule, are specified in paragraph 2, other than sub-paragraphs (xlviii) and (xlix) thereof, as activities of the chemical and allied products industry;

" processing " means—

(a) in relation to food or drink, the manufacture, preparation, processing or other treatment thereof or any operation incidental or appertaining thereto,

(b) in relation to rubber or plastics material, any of the following operations, that is to say, masticating, compounding, mixing, calendering, extruding, moulding, pressing, thermoforming, blowing, casting, dipping, coating, encapsulating, heat sealing, laminating, filament winding, machining (other than stitching), cutting, vulcanising or foaming;

" production " includes any process or operation incidental or appertaining to production;

" public warehousing " means keeping any premises (not being a public garage or parking place) wholly or mainly for the storage of petroleum or any petroleum product for reward for persons other than the occupier or, where the occupier is a company, for persons other than the company or an associated company of the company;

" raw hide " means hide which has been dried out in the limed state without undergoing a tanning process;

" recovery " includes any of the operations of cleaning, dehydration, distillation or re-blending;

" related activities " means any of the following activities, that is to say—

(a) research, development, design or drawing,

(b) buying, selling, letting out on hire, testing, advertising, packing, distribution, delivery, transport or any similar operations,

(c) operations of a kind performed at office premises or laboratories, or at stores, warehouses or similar places,

(d) cleaning, washing, or garaging vehicles or carrying out running repairs or minor adjustments thereto,

(e) training of employees or apprentices;

" rubber " means the following products whether or not vulcanised or hardened, that is to say, natural rubber, balata, gutta percha, and similar natural gums, synthetic rubber and factice derived from oils, and such substances reclaimed;

" selling by retail " in relation to any products means selling such products by way of business to a person who buys otherwise than for the purpose of re-sale, use in manufacture or processing;

" skin " means (except in relation to the expression " fur skin ") the skin of any kind of animal, bird, fish or reptile, but does not include a fleece ;

" soft drink " has the same meaning as in the Industrial Training (Food, Drink and Tobacco Industry) Order, 1969;

" substance " includes a liquid;

" surgical dressings " includes self-adhesive plasters;

" synthetic rubber " means any elastomeric polymer other than natural rubber, and includes butadiene/styrene copolymers, butadiene/acrylonitrile copolymers, butadiene/methyl methacrylate copolymers, polybutadiene, polyisoprene, isobutylene-isoprene copolymers, ethylene/propylene copolymers, polyacrylic polychloroprene, chloro-sulphonated polyethylene, polyurethane, fluoro-silicone and polysulphide rubbers and their modifications;

(ii) for the purposes of this Schedule two companies shall be taken to be associated companies if one is a subsidiary of the other, or both are subsidiaries of a third company, and " associated company " shall be construed accordingly.

2. Subject to paragraph 3 of this Schedule, the following activities of industry are the activities referred to in Article 2 of this Order, namely :

(i) the manufacture of—

(a) acids, bases, alkalis, salts, esters or their intermediates or derivatives,

(b) solvents or reagents,

(c) gases,

(d) natural or synthetic dyestuffs or their intermediates,

(e) natural or synthetic pigments or their intermediates,

(f) detonating or explosive compositions, pyrotechnics, fireworks or chemical firelighters,

(g) fertilizers or conditioners of the soil,

(h) plastics material or synthetic rubber,

(i) any chemical from a feedstock derived from petroleum,

(j) disinfectants, pesticides, fungicides or herbicides,

(k) chemical auxiliary agents for use in the manufacture or processing of leather, paper, paperboard, plastics material, rubber, textile yarn or textile fabric,

(l) organo-silicon, organo-phosphorus, organo-sulphur, or organo-metallic compounds,

(m) catalysts, catalyst supports or carriers, enzymes, isotopes or similar products;

(ii) the production of coke, solid smokeless fuel or tar or the distillation of any by-product therefrom or in the course of such production;

(iii) the manufacture of—

(a) carbon black, activated carbon or diamonds,

(b) paints of any kind, enamels, lacquers, stains, varnishes, distempers or primers,

(c) any chemical product for the preservation or treatment of wood,

(d) printing, writing, drawing or marking ink,

(e) any drug or medicine,

(f) sutures or strings for sports racquets from the waste or residues of animals,

(g) cosmetic or toilet compounds, mixtures or preparations,

(h) perfumery,

(i) aromatic compounds or mixtures,

(j) soap, soap powder, soap flakes or similar products,

(k) scouring liquids, pastes or powders or similar scouring products,

(l) deodorisers, household cleansers or similar products,

(m) detergents or surface active agent

(n) optical brighteners;

(iv) the manufacture of aerosol products or the filling of containers with such products and the propellant material;

(v) the assaying of gold, silver or platinum;

(vi) the splitting or distillation of vegetable, animal, whale or fish fats or the production of fatty acids, fatty alcohols, stearine, glycerine or chemical products derived therefrom;

(vii) the manufacture of—

(a) polishes, waxes, candles or smiliar products,

(b) chemical products for the cleaning or treatment of footwear;

(viii) the manufacture of putty or luting or of adhesives, sealants or other mastic compounds;

(ix) the manufacture of starches or derivatives therefrom for use in the manufacture of any adhesive or size or in laundering;

(x) the manufacture, processing or printing of sensitive materials for the purposes of photography or of recording sound or vision, or of reprographic copying, or the sale of any photographic materials or equipment by the manufacturer of such sensitive materials;

(xi) when carried out by an employer engaged substantially in the manufacture of plastics material—

(a) the processing of such material into sheets, laminated sheets, film, tubes, rods or sticks thereof,

(b) the coating or impregnation with such material of paper or textile fabric;

(xii) the pumping or raising of brine from a shaft, well, spring or mine or from the sea, the mining of rock salt or the processing of brine;

(xiii) the processing of fuller's earth or the manufacture of any derivative therefrom;

(xiv) the application of any form of chemical treatment for preventing or remedying the presence of rodents, insects, mites, fungi or marine organisms, for killing or taking wild birds, or for eliminating weeds or preventing them from spreading;

(xv) the processing of rubber or of plastics material;

(xvi) the manufacture, by an employer engaged mainly in the processing of rubber, of gloves or footwear or of components for footwear;

(xvii) the reclamation or processing of used or waste rubber or of such plastics material;

(xviii) the manufacture of leathercloth or the coating or impregnation of textile fabric with rubber or plastics material;

(xix) the manufacture of linoleum or felt base floor covering;

(xx) the manufacture or re-covering of printers' rollers;

(xxi) the manufacture of waterproof felt of a kind used as a damp course, flashing, or as a roof covering or lining;

(xxii) the manufacture of rubber stamps;

(xxiii) the manufacture of ball-point or fountain pens;

(xxiv) the manufacture (otherwise than wholly or mainly from wood, metal or any combination of metal and plastics material) of buttons;

(xxv) the distillation, conversion, extraction, refining or blending of petroleum or any petroleum product;

(xxvi) the production or blending of petroleum jelly, solid lubricants, grease or wax;

(xxvii) the collection or recovery of any waste petroleum product;

(xxviii) sorting, grading or dealing in—

(a) hides or skins,

(b) raw, dressed or dyed furs or fur skins;

(xxix) fellmongering;

(xxx) the tanning or tawing of hides or skins (whether or not the hair or wool has been removed therefrom) or the currying, finishing, dressing or other processing of leather;

(xxxi) the production from any hide or skin of parchment, vellum or raw hide;

(xxxii) the production, from the waste or residues of animals or fish, of glues or gelatines;

(xxxiii) the manufacture of inked ribbons;

(xxxiv) the burning of limestone or the hydration of lime;

(xxxv) the production of charcoal;

(xxxvi) the manufacture of—

(a) articles consisting mainly of bonded abrasive material or coated with abrasive material,

(b) glass;

(xxxvii) the manufacture of matches or matchboxes;

(xxxviii) the manufacture of articles or other products wholly or mainly from glass;

(xxxix) the manufacture of pottery;

(xl) the manufacture wholly or mainly from plaster or effigies, models or toys;

(xli) the manufacture of any medical, pharmaceutical or cosmetic product, wholly or mainly from clay or plaster;

(xlii) the milling, grinding or mixing of any material for the purpose of the manufacture of pottery;

(xliii) the calibration, graduating or toughening of glass or glass articles or the cutting, bevelling, silvering or decorating of glass, or glass articles;

(xliv) the manufacture or repair of eye-glasses or spectacles (including frames thereof);

(xlv) dealing (not being selling by retail) in tyres;

(xlvi) dealing (not being selling by retail) in any products specified in sub-paragraph (i) or (iii) (m) of this paragraph when the said products have been manufactured within or without the State and the dealing is by the manufacturer thereof or by an associated company of the manufacturer, being a company;

(xlvii) dealing (not being selling by retail) in any drug, medicine, detergent or surface active agent by the user of a trade mark in respect thereof or of a class of such products, when the said drug, medicine, detergent or surface active agent has been either—

(a) manufactured for the user of the trade mark by another person in pursuance of a contract so to do, or

(b) imported into the State by a firm licensed to manufacture therein on behalf of the user of the trade mark;

(xlviii) any activities (other than those above-mentioned) being—

(a) related activities incidental or ancillary to principal activities of the chemical and allied products industry, or

(b) activities undertaken in the administration, control or direction of one or more establishments, being establishments engaged wholly or mainly in principal activities of that industry, in related activities incidental or ancillary thereto, or in the administration, control or direction of one or more other establishments engaged in such principal or related activities,

and carried out, in either case, by the employer engaged in those principal activities or, where that employer is a company, by the company or by an associated company of the company;

(xlix) any activities of industry or commerce (other than chemical and allied products activities) carried out at or from an establishment mainly engaged—

(a) in chemical and allied products activities, or

(b) in chemical and allied products activities and in activities described in the Appendix to this Schedule, but to a greater extent in chemical and allied products activities than in activities described in that Appendix in relation to any one industry.

3. Paragraph 2 of this Schedule shall be construed as not including the following activities of industry, namely:

(a) the activities of any establishment (not being that of a local authority) engaged—

(i) mainly in activities not being chemical and allied products activities or activities described in the Appendix to this Schedule, or

(ii) to a less extent in chemical and allied products activities than in activities described in that Appendix in relation to any one industry;

(b) the activities of any establishment engaged wholly or mainly in related activities, being activities—

(i) incidental or ancillary to the activities of one or more establishments (in this sub-paragraph hereafter referred to as " the principal establishment ") engaged wholly or mainly in any activities not being principal activities of the chemical and allied products industry, and

(ii) carried out by the employer carrying on the principal establishment or, where that employer is a company, by the company or by an associated company of the company;

(c) the activities of any establishment engaged wholly or mainly in the activities following or any one of them, that is to say—

(i) the production of coke in association with the smelting of iron ore or with the production of iron or steel,

(ii) the reduction of virgin aluminium, the production of secondary-based aluminium or of aluminium alloys or the manufacture of aluminium powder or paste and, when carried out by an employer engaged substantially in any of the said operations, the production or processing of any other non-ferrous metal,

(iii) the smelting or refining of metal or metal alloys,

(iv) the refining of non-ferrous metal, being incidental to the rolling, drawing, extruding or forging of such metal and carried out by an employer engaged substantially in any such operation,

(v) the machining of carbon articles,

(vi) the lifting or extracting of mineral deposits (other than salt) or of products of minerals from the earth or of such mineral deposits from the bed of a lake or river or of the sea,

(vii) when carried out on land in or adjacent to a mine or quarry and in conjunction with the operation thereof, the crushing, grinding, washing, drying, foaming, grading, screening, cutting, splitting, dressing, polishing or mixing of mineral deposits or any similar operations,

(viii) the production of cement, plaster, whiting, vitreous enamel, or any product wholly or mainly from cement,

(ix) the manufacture of articles or other products wholly or mainly from clay (excluding the manufacture of pottery),

(x) the exfoliation of vermiculite or any similar material,

(xi) the application of any form of chemical treatment to wood for preventing or remedying the presence of insects, mites, fungi or marine organisms,

(xii) the manufacture, otherwise than wholly or mainly from rubber, of footwear or of components for footwear,

(xiii) the processing of plastics material into sacks and bags,

(xiv) the production of man-made textile fibres,

(xv) the production of regenerated or modified cellulose and the processing thereof into film or sheets, when the employer engaged in such production and processing (or an associated company of the employer, being a company) is engaged in the production of man-made fibres,

(xvi) the manufacture of surgical dressings or, other than from the waste or residues of animals, of sutures,

(xvii) the sterilisation of soil, the preparation of compost or the cutting or preparation of peat,

(xviii) the processing of any food or drink for human or animal consumption, not being either the manufacture of infant or dietary milk food by an employer engaged mainly in the manufacture of drugs or medicines or the manufacture of a blend of colouring matter by an employer engaged mainly in the manufacture of natural or synthetic dyestuffs or pigments or their intermediates,

(xix) the production of crude, refined or processed oil, being vegetable, animal, whale or fish oil,

(xx) the making or re-making of rope, cord, core for wire ropes, lines, twine, string or similar articles,

(xxi) the manufacture of industrialised building components or sections or of prefabricated buildings or sections of buildings, being components, sections or buildings framed in wood,

(xxii) the manufacture or repair, wholly or mainly from any combination of metal and plastics material, of any articles not being articles specified in sub-paragraph (xx), (xxii) or (xxiii) of paragraph 2 of this Schedule,

(xxiii) the manufacture or repair of vehicle bodies, aircraft or hover vehicles,

(xxiv) the manufacture of articles embodying a lens or prism other than eye-glasses or spectacles,

(xxv) the manufacture or repair of primary cells, batteries, electric accumulators, electric cables, electric capacitors or resistors or printed or micro-electronic circuits,

(xxvi) the manufacture of patterns or models constructed for engineering purposes,

(xxvii) any metal finishing process,

(xxviii) printing name plates or similar plates, preparing lithographic plates or engraving for the purposes of printing,

(xxix) the manufacture of chipboard or reconstituted wood,

(xxx) the manufacture or repair of articles of furniture, cabinets or containers or cases for, or forming part of, musical instruments,

(xxxi) the production of " town gas ",

(xxxii) selling by retail all or any of the products specified in paragraph 2 of this Schedule,

(xxxiii) dealing as a wholesaler in any drug, medicine, detergent or surface active agent when the dealer only purchases such products fully manufactured and re-sells them without any further processing,

(xxxiv) the public warehousing of petroleum or any petroleum product,

(xxxv) dealing in petroleum or any petroleum product,

(xxxvi) selling by retail petrol, diesel oil or lubricating or other oils for use in motor vehicles or goods vehicles or contractors' plant or ships, vessels or other floating constructions, or marine or stationary engines,

(xxxvii) any operations when carried out by the master or a member of the crew of a ship, or by a person ordinarily employed as a seaman who is employed in or about a ship in port by the owner or charterer thereof on work of a kind ordinarily done by a seaman on a ship while it is in port;

(d) the supply of food or drink for immediate consumption;

(e) the activities of any company, association or body having as its sole or one of its principal objects the provision of facilities for the employment of or the training or re-training for employment of disabled persons provided the constitution of such company, association or body requires that its income and property shall be applied solely to such object or to such object and other charitable objects and that no portion thereof may be transferred directly or indirectly by way of dividend, bonus or otherwise howsoever by way of profit to the members of such company, association or body. Nothing herein shall prevent the payment in good faith of reasonable and proper remuneration to any officer or servant of such company, association or body or to any member thereof in return for services actually rendered or the payment of interest at a reasonable rate on money lent or reasonable and proper rent for premises demised or let by a member;

(f) any activity of agriculture, horticulture or fishing which is an activity of primary production.

APPENDIX

The activities that would be included in an industry specified in Column 1 hereof by virtue of the industrial training order specified in the corresponding entry in Column 2, if the provisions specified in Column 3 were omitted from the Schedule to that order.

GIVEN under the Seal of An Chomhairle Oiliúna, this 27th day of July, 1972.

The Seal of An Chomhairle Oiliúna was affixed in the presence of :

MARTIN M. GLEESON

a member of An Chomhairle Oiliúna authorised by An Chomhairle Oiliúna to act in that behalf, and

J. A. AGNEW

an officer of An Chomhairle Oiliúna authorised by An Chomhairle Oiliúna to act in that behalf.

EXPLANATORY NOTE.

An Chomhairle Oiliúna (The Industrial Training Authority) was established under the Industrial Training Act, 1967 , to promote training in industry and commerce.

This Order defines the activities of the Chemical and Allied Products Industry in relation to which An Chomhairle Oiliúna shall exercise its functions.