S.I. No. 237/1975 - Factories (Non-Ferrous Metals) (Melting and Founding) Regulations, 1975.


S.I. No. 237 of 1975.

FACTORIES (NON-FERROUS METALS) (MELTING AND FOUNDING) REGULATIONS, 1975.

I, MICHAEL O'LEARY, Minister for Labour, in exercise of the powers conferred on me by sections 6 , 8 , 53 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 as special regulations the following regulations:

PART I.

1. These Regulations may be cited as the Factories (Non-Ferrous Metals) (Melting and Founding) Regulations, 1975.

2. (1) These Regulations, other than Regulations 6, 8, 13, 16, 17 and 18 of these Regulations, shall come into operation on the 1st day of December, 1975.

(2) Regulations 6, 8, 13, 16, 17 and 18 of these Regulations shall come into operation on the 1st day of December, 1976.

3. In these Regulations—

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

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

"dressing operations" includes fettling, stripping and other removal of adherent sand, cores, runners, risers, flash and other surplus metal from a casting and the production of a reasonably clean and smooth surface, but does not include—

( a ) the removal of metal from a casting when performed incidentally in connection with the machining or assembling of castings after they have been dressed, or

( b ) any operation which is a knock-out operation;

"knock-out operation" means all methods of removing castings from moulds, and the stripping, coring out and removal of runners and risers when done in connection with the removal of castings from moulds;

"the Minister" means the Minister for Labour;

"pouring aisle" means an aisle leading from a main gangway or directly from a furnace to where metal is poured into moulds;

"the processes" means all or any of the processes specified in Regulation 4 of these Regulations, being processes to which these Regulations apply.

4. (1) Subject to paragraph (3) of this regulation, these Regulations shall apply to those parts of a factory in which any of the following processes are carried on or which are used in connection with those processes, that is to say—

( a ) any operation (other than an operation specified in paragraph (2) of this regulation) in the production of non-ferrous castings by casting metal in moulds made of sand, loam, metal, moulding composition or other material or mixture of materials, or by shell moulding, diecasting (including pressure diecasting), centrifugal casting or continuous casting, or

( b ) the preparation and mixing of materials, the preparation of moulds and cores (but not including the making of patterns or dies in a separate room which is not used for any of the processes), knock-out operations and dressing operations when these operations are carried on as incidental to, in connection with or in the course of an operation specified in subparagraph (a) of this paragraph.

(2) The provisions of Part III of these Regulations shall not apply to any part of a factory in which the melting and casting of non-ferrous metal for the production of ingots, billets, slabs or other similar products or the stripping thereof is carried on, so, however, that the whole of these Regulations shall apply to any such part of a factory in which there is also carried on any of the operations or processes specified in paragraph (1) of this regulation.

(3) Nothing in these Regulations shall apply in relation to—

( a ) (i) the smelting of materials containing lead, the manufacture of red or orange lead or the manufacture of flaked litharge,

(ii) the manufacture, assembly or repair or electric accumulators or parts thereof;

( b ) any process in connection with a printing works;

( c ) any smelting process in which metal is obtained by a reducing operation and any process incidental thereto;

( d ) any process in the manufacture of solder and any process incidental thereto; or

( e ) the melting and casting of lead or any lead-based alloy for the production of ingots, billets, slabs or other similar products, or the stripping thereof and any process incidental thereto.

5. (1) The Minister may (subject to such conditions as may be specified therein), by certificate in writing, which he may in his discretion revoke at any time, exempt a factory from any requirement of these Regulations if he is satisfied that the requirement in respect of which the exemption is granted can be dispensed with, suspended or relaxed without danger to the health of any person employed or that the requirement is for any reason impracticable or inappropriate.

(2) In any case where the Minister has granted an exemption from the requirements of these Regulations pursuant to paragraph (1) of this regulation, a copy of the certificate, showing the conditions (if any) subject to which it has been granted, shall be kept posted in a position in the factory to which it relates where it may be conveniently read by persons employed therein.

6. The Regulations dated the 20th June, 1908, and relating to the casting of brass are hereby revoked.

PART II.

7. Effective cleaning by a suitable method of all accessible parts of the floor (other than parts which are constructed of sand) of every indoor workplace in which the processes are carried on shall be carried out at least once every working day. Any part of such floor which is constructed of sand shall be kept in good order.

8. (1) Floors of indoor workplaces in which the processes are carried on (other than parts which are of sand) shall have an even surface of hard material.

(2) No part of the floor of any such indoor workplace shall be of sand except where this is necessary by reason of the work done therein.

(3) All parts of the surface of the floor of any such indoor workplace which are of sand shall, so far as practicable, be maintained in an even and firm condition.

9. (1) There shall be provided and properly maintained for all persons employed on manual operations involving molten metal with which they are liable to be splashed, a working space for that operation—

( a ) which is adequate for the safe performance of the work, and

( b ) which, so far as is reasonably practicable, is kept free from obstruction.

(2) Any operation involving the carrying by hand of a container holding molten metal shall be performed on a floor all parts of which shall be on the same level in any place where a person walks while engaged in the operation:

Provided that, where necessary to enable the operation to be performed without undue risk, nothing in this paragraph shall prevent the occasional or exceptional use of a working space on a different level from the floor, being a space provided with a safe means of access from the floor for any person while engaged in the operation.

10. Dross and skimmings removed from molten metal or taken from a furnace shall be placed forthwith in suitable receptacles.

11. (1) Subject to paragraph (3) of this regulation and, in the case of parts of factories of the kind specified in Regulation 4 (1) of these Regulations, to Regulation 21 of these Regulations, all raw materials and all dies, patterns, pattern plates, core boxes, core plates, grids, moulding boxes, loam plates and ladles, and all other heavy equipment, shall be so arranged and placed as to enable work to be carried on without unnecessary risk.

(2) Suitable and conveniently accessible racks, bins or other receptacles shall be provided and used for the storage of all other gear and tools.

(3) Where scrap metal, sand, fuel or other similar loose materials are stored indoors, suitable bins, bunkers or other receptacles shall be provided and used for such storage.

12. (1) In every workroom to which this regulation applies, where it is necessary for the safe carrying of molten metal for pouring into moulds, sufficient and clearly defined pouring aisles shall be provided which shall be properly maintained and, so far as is reasonably practicable, be kept free from obstruction and which shall—

( a ) if molten metal is carried in hand ladles or bull ladles by not more than two men per ladle, be at least four hundred and fifty millimetres wide, but where any moulds alongside the aisle are more than five hundred millimetres above the floor of the aisle, the aisle shall be not less than six hundred millimetres wide;

( b ) if molten metal is carried in hand ladles or bull ladles by more than two men per ladle, be at least seven hundred and fifty millimetres wide;

( c ) if molten metal is carried in crane, trolley or truck ladles, be of a width adequate for the safe performance of the work.

For the purposes of this regulation, all measurements of the width of an aisle shall be taken between the extreme ends of the box handles or other projections into the aisle.

(2) In every workroom to which this regulation applies, which is constructed, reconstructed or converted for use as such after the commencement of these Regulations and, so far as is reasonably practicable, in every workroom to which this regulation applies, which is constructed, reconstructed or converted for use before the commencement of these Regulations, sufficient and clearly defined main gangways shall be provided and properly maintained which shall—

( a ) be at least one metre wide;

( b ) be, so far as is reasonably practicable, kept free from obstruction, and

( c ) if used for carrying molten metal,

(i) where truck ladles are used, be at least six hundred millimetres wider than the overall width of the ladle,

(ii) where hand shanks are carried by more than two men per hand shank, be at least one thousand two hundred millimetres wide, and

(iii) where used for simultaneous travel in both directions by men carrying hand shanks, be at least one thousand eight hundred millimetres wide.

(3) In this regulation "workroom to which this regulation applies" means a part of a factory in which molten metal is transported or used, and a workroom to which this regulation applies shall be deemed for the purposes of this regulation to have been constructed, reconstructed or converted for use as such after the commencement of these regulations if the construction, reconstruction or conversion thereof was begun after the commencement of these Regulations.

13. (1) So far as is reasonably practicable, the inhalation by the persons employed of any dust or fumes shall be prevented by such one or more of the following methods as may be necessary, that is to say, elimination, suppression and control of such dust and fumes otherwise than by the wearing of respirators.

(2) Without prejudice to the preceding paragraph of this regulation, knock-out or dressing operations from which the dust or fumes given off are not effectively eliminated, suppressed or controlled, shall be carried on—

( a ) in a separate room or in a separate part of the factory suitably partitioned off, or,

( b ) where the foregoing is not reasonably practicable, in a separate area of the factory, so that, so far as is reasonably practicable, the knocking-out or dressing of dry sand castings shall not be carried out in the same room at the same time as any moulding process.

(3) Open solid fuel fires shall not be used for any purpose unless effective provision is made for preventing any fumes arising therefrom from entering the air of any workroom.

(4) Mould dryers, other than electrically heated mould dryers, shall not be used for the purpose of heating workrooms.

(5) The provision of this regulation shall be in substitution for so much of section 58 of the Act as requires exhaust appliances to be provided and maintained.

14. (1) All ventilating plant used for the purpose of extracting, suppressing or controlling dust or fumes shall be properly maintained.

(2) All ventilating plant used for the purpose of extracting, suppressing or controlling dust or fumes shall be thoroughly examined and tested by a competent person at least once in every period of six months; and particulars of the results of every such examination and test shall be entered in an approved register which shall be available for inspection by any person employed who is affected thereby. Any defect found on any such examination and test shall be immediately reported in writing by the person carrying out the examination and test to the occupier of the factory or other appropriate person.

15. (1) Suitable protective equipment shall be provided and maintained for the protection of persons employed in any of the operations or work hereinafter specified, that is to say—

( a ) suitable gloves or other suitable protection for the hands for persons employed in handling any hot material likely to cause damage to the hands by burn, scald or sear, or in handling rough or irregular material likely to cause damage to the hands by cut or abrasion;

( b ) without prejudice to the requirements of Regulation 13 (1) of these Regulations, respirators of an approved type for persons employed in work in an area where there is a heavy concentration of dust;

( c ) suitable goggles or other suitable eye protection for persons employed in—

(i) work at a furnace where there is risk to the eyes from molten metal;

(ii) pouring or skimming; or

(iii) work involving risk to the eyes from hot sand being thrown off.

(2) Where appropriate, suitable screens shall be provided for protection against flying materials (including splashes of molten metal and sparks and chips thrown off in the course of any process).

(3) Each respirator provided for the purposes of paragraph (1) (b) of this regulation shall carry a distinguishing mark indicating the person by whom it is intended to be used, and no person shall wear or be required to wear a respirator not carrying his mark or a respirator which has been worn by another person and which has not since been thoroughly disinfected.

(4) Every person employed shall make full and proper use of the equipment provided for his protection in pursuance of paragraphs (1) and (2) of this regulation, and shall without delay report to the occupier of the factory or other appropriate person any defect in, or loss of, any such equipment.

16. The temperature of the part of a room where work is being carried on (other than a separate storeroom not used for any of the processes) shall, after the first hour, be not less than ten degrees Celsius; but when the outside temperature is less than one degree below zero degrees Celsius, it shall suffice if the temperature at that part is not less than eleven degrees Celsius higher than the outside temperature.

17. (1) As regards a factory to which these Regulations apply, washing facilities to be provided in accordance with section 53 of the Act for the use of persons employed in the factory shall be washing facilities which are adequate and suitable for the use of all persons so employed. The said facilities shall be kept in a clean and orderly condition, placed in the charge of a responsible person or persons and shall, so far as reasonably practicable, be separate from any workroom.

(2) In case the facilities referred to in paragraph (1) of this regulation are provided for the use of persons employed in a process described in Regulation 4 (1) of these regulations the facilities shall be conveniently accessible from the place in the factory where the process is carried on. The said facilities shall include clean running hot and cold or warm water, together with soap, non-abrasive nail brushes and clean towels or some other suitable means of drying, and 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 six hundred millimetres of length for every ten persons making use thereof and fitted with suitable jets or sprays serving each six hundred millimetres of length or circumference (as the case may be) and with a waste pipe without a plug, or

( b ) for every ten 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.

(3) Where the number of persons employed in a process to which paragraph (2) of this regulation applies 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.

(4) In addition there shall be provided and maintained for the use of all the persons employed in hot, dirty or arduous work, adequate and suitable facilities for taking showers or other baths with suitable arrangements for privacy (including, in close proximity to such facilities, adequate and suitable accommodation for dressing, undressing or changing clothes and an adequate number of lockers or other suitable arrangements for the accommodation of clothing belonging to persons using the baths) and such arrangements as are reasonably practicable for drying clothing belonging to persons using the baths.

18. (1) There shall be provided and maintained for the use of the persons employed adequate and suitable accommodation for taking meals which accommodation shall be properly heated and shall include sufficient tables and seats and facilities for the warming of the food of persons employed and for boiling water.

(2) No person shall be permitted to take a meal in any indoor workroom in which the processes are carried on and it shall be the duty of every person employed not to take a meal in any such indoor workroom.

PART III.

19. (1) All accessible parts of the walls of every indoor workplace in which the processes are carried on and of everything affixed to those walls shall be effectively cleaned by a suitable method to a height of not less than four metres from the floor at least once in every period of fourteen months.

(2) A record of the carrying out of every such cleaning in pursuance of paragraph (1) of this regulation including the date (which shall be not less than five months nor more than nine months after the last immediately preceding washing, cleaning or other treatment in pursuance of section 10 (1) (c) of the Act) shall be entered in an approved register.

20. All dressing operations shall be carried out inside a weatherproof building.

21. Appropriate measures shall be taken for the disposal of all waste products from shell moulding (including waste burnt sand) as soon as reasonably practicable after castings have been knocked-out.

22. All material and equipment left out of doors (including material and equipment so left only temporarily or occasionally) shall be so arranged and placed as to avoid unnecessary risk. There shall be safe means of access to all such material and equipment and, so far as is reasonably practicable, such access shall be by roadways or pathways which shall be properly maintained. Such roadways or pathways shall have a firm and even surface and shall, so far as is reasonably practicable, be kept free from obstruction.

GIVEN under my Official Seal, this 7th day of October, 1975.

MICHAEL O'LEARY,

Minister for Labour.

EXPLANATORY NOTE.

These regulations apply to factories in which the casting of non-ferrous metals is carried on. They prescribe measures to be taken for the protection of the safety, health and welfare of persons employed.