S.I. No. 313/1973 - Factories (Grinding of Metals) (Miscellaneous Industries) Regulations, 1973.

S.I. No. 313 of 1973.

FACTORIES (GRINDING OF METALS) (MISCELLANEOUS INDUSTRIES) REGULATIONS, 1973.

I, MICHAEL O'LEARY, Minister for Labour, in exercise of the powers conferred on me by sections 6 , 10 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 (Grinding of Metals) (Miscellaneous Industries) Regulations, 1973.

(2) These Regulations shall come into operation on the 1st day of December, 1973.

2. In these Regulations—

"abrasive wheel" means a wheel manufactured of bonded emery or of a similar abrasive;

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

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

"cleaning of castings" means the freeing of castings from adherent sand or other substance and includes the withdrawal or knocking out of cores, core rods and lifters, the removal of ingates, risers or other projections or excrescences, and the general smoothing of the castings;

"glazing" means the abrading, polishing or finishing, by aid of mechanical power, of metal, any article of metal, or part of an article of metal by means of a wheel, buff, mop, bob, dolly, or band to which an abrading or polishing substance is attached or applied, except the process known as "sand buffing" (being a process in which articles are polished by means of a mixture of oil and sand applied by hand to a rotating buff);

"grinding" means the abrasion by aid of mechanical power of metal, any article of metal, or part of any article of metal by means of a grindstone or an abrasive wheel;

"grindstone" means a grindstone composed of natural or manufactured sandstone but does not include a metal wheel or cylinder into which blocks of natural or manufactured sandstone are fitted;

"hacking" means the chipping of the surface of a grindstone by a hack or similar tool;

"the Minister" means the Minister for Labour;

"racing" means the turning up, cutting or dressing of a revolving grindstone before the grindstone is brought into use for the first time;

"rodding", which includes barring up and scaring, means the dressing of the surface of a revolving grindstone by the application of a rod, bar, or strip of metal to such surface;

"room", except in Regulation 4 of these Regulations, means a room in a factory to which these Regulations apply;

"rumbling", which includes rattling, tumbling and jigging, means the freeing of castings from adherent sand by rotating them in a revolving vessel.

3. Subject to Regulation 4 hereof, these Regulations shall apply to a factory in which the grinding and glazing of metals, or any process incidental thereto, or the cleaning of castings is carried on.

4. (1) These Regulations shall not apply—

( a ) to any process in or incidental to, the manufacture of cutlery, edge tools, swords, bayonets, files, saws, ploughs or other cutting or piercing implements of iron or steel, except processes in or incidental to (i) the manufacture of needles, pins or fish-hooks or (ii) the manufacture, repair or sharpening of saws, tools or implements being saws, tools or implements for use in machines for cutting or working metals,

( b ) to the following work if, but only if, the work is done in a factory in which only repairs are carried on, that is to say, the grinding or glazing of metals, racing, hacking or rodding in connection therewith, carried on—

(i) in a room in which such work is not carried on for more than 12 hours in any week, or

(ii) in a place in the open air and where no person is wholly or mainly employed in such work,

( c ) to any grinding or glazing of articles of gold, platinum or iridium, or any process incidental thereto,

( d ) to processes in or incidental to the sharpening of tools or implements for use in the factory, carried on—

(i) at a grinding or glazing machine at which such work is carried on neither for more than twelve hours in the aggregate of the day periods in any week nor for more than twelve hours in the aggregate of the night periods (if any) in any week, provided that the machine is in a room in which no person is wholly or mainly employed in such work (unless the work is performed at a machine or machines with adequate appliances such as are mentioned in Regulation 6 of these Regulations) and provided that the machine is not used by a person wholly or mainly employed elsewhere in the factory in such work (unless the work is performed at a machine or machines with adequate appliances as aforesaid), or

(ii) in a place in the open air where no person is wholly or mainly employed in such work.

(2) These Regulations, other than Regulations 8 and 13 hereof, shall not apply to—

( a ) the intermittent grinding or glazing of metals—

(i) in a room in which such work is not carried on for more than twelve hours in any week, or

(ii) in a place in the open air where no person is employed in such work for more than twelve hours in any week;

provided that the exemption specified in this paragraph shall not apply in relation to a factory as respects which the Minister gives notice in writing to that effect to the occupier of the factory.

(3) 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 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 employed or are impracticable.

(4) In this regulation:

"day period", in relation to a factory, means the period in any twenty-four hours beginning at seven o'clock in the morning and ending at seven o'clock in the evening or such other period of not more than ten hours consecutive duration as may be fixed by a certificate in writing issued by the Minister in relation to the factory,

"night period" means in relation to a factory the period in any twenty-four hours which commences at the end of one day period and ends at the beginning of the next day period.

(5) When the Minister fixes pursuant to this regulation a day period in relation to a factory there shall be kept posted in the factory a copy of the certificate.

5. (1) It shall be the duty of the occupier of every factory to which these Regulations apply to comply with the requirements of the regulations and to provide and maintain the appliances and water supply required by these Regulations.

(2) It shall be the duty of every person who is employed or engaged in any process mentioned in Regulation 3 of these Regulations to comply with the requirements of these Regulations and to make full and proper use of all appliances and facilities provided pursuant to these Regulations and to report forthwith to the owner, occupier, manager or other responsible person any defect in any appliance so provided.

6. (1) Subject to paragraph (3) of this regulation, no racing, dry grinding, or glazing ordinarily causing the evolution of dust into the air of a room so that it may be inhaled by any person employed therein shall be performed unless adequate appliances—

( a ) for the interception of the dust, located as near as possible to the point of origin, and

( b ) for the removal and disposal of the dust so that it will not enter any occupied room are provided.

(2) For the purpose of this regulation appliances hereby required to be provided shall not be deemed to be adequate unless they either—

( a ) (i) include a hood or other appliance which is constructed, arranged and placed so as substantially to intercept the dust, and

(ii) include a fan or other efficient means of producing a draught sufficient to extract the dust, and

(iii) include an air-tight duct of adequate size and arranged so as to be capable of carrying away the dust, which duct shall be kept free from obstruction and shall be provided with a proper means of access for inspection and cleaning, and, where practicable, with a connection at the end remote from the fan to enable an inspector to attach any instrument necessary for ascertaining the pressure of air in the duct, or

( b ) are, in the opinion of an inspector, such, as regards a particular factory or a particular process or operation in or for which they are used, at least as effectual for such interception, removal and disposal as such hood, fan and duct, if it were provided, would be.

(3) This regulation shall not apply in respect of the following, namely, portable grinding machines, portable glazing machines and portable buffing machines (i.e. grinding, glazing and buffing machines without fixed foundations or suspensions, which are carried or propelled to the work).

7. (1) In every room in which wet grinding upon a grindstone is carried on there shall be provided and maintained whilst that work is in progress either,

( a ) adequate exhaust and inlet ventilation, or

( b ) a supply of clean water conveyed by pipes and deposited upon the surface of the grindstone together with suitable arrangements to ensure the drainage of the waste water from the grindstone trough.

(2) For the purposes of this regulation, the ventilation shall not be regarded as being adequate unless,

( a ) it ensures that the air of the room is renewed not less than fifteen times per hour,

( b ) it is arranged in such a manner as to secure a continuous movement of the air in a direction from the grinder towards the grindstone, and

( c ) the fresh air inlets are so arranged and are of such dimensions that no worker is exposed to a direct draught from them.

8. In any factory to which these Regulations apply not more than one person shall at any time be allowed to perform the actual process of grinding or glazing upon a particular grindstone, abrasive wheel or glazing appliance, provided that nothing in this regulation shall be construed as prohibiting the employment of persons to assist in the manipulation of heavy or bulky articles at any such grindstone, abrasive wheel or glazing appliance.

9. Glazing or other processes, except processes incidental to wet grinding upon a grindstone, shall not be carried on in a room in which wet grinding upon a grindstone is done.

10. Wet grinding upon a grindstone shall not be done in any room unless—

( a ) the height of the room, measured from the floor to the ceiling or top (or in case all of the ceiling or top is not the same distance from the floor, measured from the floor to the part of the ceiling or top which is nearest to the floor), is at least 3 metres,

( b ) the total window area in the room is at least one-sixth of the floor area, and

( c ) all the windows in the room are properly glazed and the glass or other material of such windows is maintained whole and kept clean.

11. Hacking or rodding shall not be done in a factory to which these Regulations apply unless during the process either—

( a ) an adequate supply of water is laid on at the upper surface of the grindstone or the grindstone is, in the opinion of an inspector, adequately wetted by other means, so as to ensure as far as practicable the suppression of dust, or

( b ) adequate appliances for the interception of the dust are provided which meet the requirements of Regulation 6 of these Regulations.

12. In every room in which racing or grinding upon a grindstone is done, the floor, walls, ceiling or top and all other parts of the room, and the fixtures therein, shall be properly swept or otherwise cleaned at least once every three calendar months.

The foregoing provisions of this regulation shall not apply to any part of a room or fixtures therein which are more than 4 metres above the floor.

13. (1) In every room in which grinding is carried on there shall be kept permanently displayed a notice specifying the safe working peripheral speed of every class of grindstone and abrasive wheel ( other than a grindstone or abrasive wheel on a grinding machine mentioned in paragraph (3) of this regulation) in use in the room. The notice shall also specify the speed of the shafts or spindles upon which the abovementioned grindstones or abrasive wheels are mounted together with the diameters of the pulleys on such shafts or spindles, being pulleys provided to secure the safe working peripheral speed.

(2) The occupier of a factory to which these Regulations apply, or his agent, when required by an inspector to do so, shall give all necessary facilities and particulars to enable the inspector to determine the speed of any shaft, pulley or other appliance mentioned in paragraph (1) of this regulation.

(3) Paragraph (1) of this regulation shall not apply to the following grinding machines on which abrasive wheels not exceeding 203 millimetres in diameter are used, namely, Universal Grinding Machines, Internal Grinding Machines and Surface Grinding Machines.

14. (1) Subject to paragraph (2) of this regulation, in every room, or part thereof, in which the cleaning of castings is done the following provisions shall apply;

( a ) the walls, ceiling or top and all other parts of the room (except the floor) and the fixtures therein shall be thoroughly swept or otherwise cleaned at least once every three calendar months, and

( b ) all accessible parts of the floor shall be properly swept or otherwise cleaned at least once every day and for this purpose the floor shall be maintained in a smooth and firm condition so as to permit such sweeping or cleaning.

(2) This regulation shall not apply to—

( a ) cleaning of castings done upon a foundry floor at or near the place where the metal for the castings is poured, or

( b ) any room in which the only castings dealt with are those which have been freed from sand elsewhere,

and the provisions of subparagraph (a) of paragraph (1) of this regulation shall not apply to any part of a room or fixtures therein which are more than 3 metres above the floor, or to any room in which rumbling is done but no other work is ordinarily performed.

15. Particulars of all sweeping or cleaning done in pursuance of Regulations 12 and 14 of these Regulations, including the date on which, and the name and the address of the person by whom it was done, or when more than one person is employed thereon, of the person in charge, shall be kept in the approved form at the relevant factory and shall be retained there for not less than two years after the final entry for inspection by any workman employed in a room to which the particulars relate.

16. Rumbling shall not be done at a factory to which these Regulations apply unless either—

( a ) the rumbling appliance is provided with an efficient exhaust draught arranged and maintained so that any dust evolved is prevented from entering any occupied room, or

( b ) other arrangements are provided which in the opinion of an inspector are at least as effective in preventing the dust from entering any occupied room.

17. (1) Subject to paragraph (3) of this regulation, all ventilating plant used in a factory to which these Regulations apply for the purpose of extracting or suppressing dust shall be examined and tested by a competent person at least once every six months, and any defect disclosed by such examination and test shall be rectified as soon as practicable.

(2) Particulars of such examination and test shall be kept in the approved form at the relevant factory and shall be retained there for at least two years and be available for inspection by any workman employed in any room in respect of which the ventilating plant is provided.

(3) This regulation shall not apply in respect of portable grinding machines, portable glazing machines or portable buffing machines (i.e. grinding, glazing or buffing machines without fixed foundations or suspensions, which are carried or propelled to the place where they are to be used).

GIVEN under my Official Seal, this 27th day of November, 1973.

MICHAEL O'LEARY,

Minister for Labour.

EXPLANATORY NOTE.

These Regulations prescribe measures to be taken for the health and safety of workers employed in factories where grinding and glazing processes (other than the grinding or glazing of cutlery and edge tools) are carried on. They provide for the keeping of records of prescribed cleaning operations and examinations of ventilating equipment.