S.I. No. 3/1976 - Factories (Lead Painting of Vehicles) Regulations, 1976.

S.I. No. 3 of 1976.

FACTORIES (LEAD PAINTING OF VEHICLES) REGULATIONS, 1976.

I, MICHAEL O'LEARY, Minister for Labour, in exercise of the powers conferred on me by sections 6 , 8 , 20 , 53 , 54 , 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 (Lead Painting of Vehicles) Regulations, 1976, and shall come into operation on the 1st day of March, 1976.

2. In these regulations—

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

"lead paint" means any paint, paste, spray, stopping, filling or other material used in painting which when treated in the manner specified in the Schedule hereto yields to an aqueous solution of hydrochloric acid, a quantity of soluble lead compound exceeding, when calculated as lead monoxide, five per cent of the dry weight of the portion taken for analysis;

"lead painting" means the application of lead paint, and kindred words shall be construed accordingly;

"the Minister" means the Minister for Labour;

"vehicle" includes a locomotive and also the body and wheels of a vehicle made separately.

3. (1) Subject to paragraph (2) of this regulation, these Regulations shall apply to every factory in which lead painting of vehicles is carried on.

(2) These Regulations shall not apply to—

( a ) a factory in which not more than two persons are employed in lead painting, or

( b ) a factory in which lead painting is occasionally carried on and such painting relates only to vehicles used solely in the business of the factory.

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

( b ) 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.

5. (1) White lead, sulphate of lead, or products containing those materials, shall not be used or procured for use in lead painting in a factory to which these Regulations apply except in the form of paste or paint ready for use.

(2) Notwithstanding paragraph (1) of this regulation, materials mentioned in that paragraph may be procured in the raw state for use in the preparation of painter's stopping material.

6. (1) Lead paint shall not be stored or kept in a factory to which these Regulations apply otherwise than in receptacles legibly marked "Lead Paint".

(2) The requirement of paragraph (1) of this regulation shall not apply to receptacles—

( a ) containing lead paint in actual use in painting,

( b ) which are used for mixing lead paint for immediate use.

7. Lead paint shall not be used in any spraying operation in a factory to which these Regulations apply, except in a special compartment provided with an efficient exhaust draught and fitted so as to render it unnecessary for the workman operating the spray to stand between the fan and the article being sprayed.

8. A surface painted with lead paint shall not be rubbed down or scraped by a dry process in a factory to which these Regulations apply and all debris from rubbing down or scraping of such a surface shall be removed either while it is wet or by the use of vacuum cleaning equipment.

9. As regards a factory to which these Regulations apply, raw white lead or sulphate of lead shall not be manipulated or used in the preparation of painter's stopping material except under an efficient exhaust draught arranged so as to remove the dust produced as nearly as may be to the dust's point of origin, provided that the foregoing requirement shall not apply if the stopping material is prepared by a worker solely for his own use.

10. There shall be provided and maintained at a factory to which these Regulations apply for the use of all persons therein employed in lead painting of vehicles, and remaining in the factory for meals, suitable accommodation for taking meals at a place other than that in which such painting is carried on.

11. (1) Suitable arrangements shall be made at every factory to which these Regulations apply to prevent clothing not worn at the factory during working hours by persons therein employed being soiled by lead paint.

(2) It shall be the duty of a person employed at a factory to which these Regulations apply in lead painting of vehicles to avail of the arrangements made pursuant to this regulation.

12. (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 at the factory in lead painting of vehicles 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 their 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 any workplace at which the persons are so employed. The said facilities shall include clean running hot and cold or warm water, together with soap, non-abrasive nail brushes and clean towels, 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 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 and fitted with suitable jets or sprays and with a waste pipe.

(2) Where the number of persons employed in lead painting of vehicles 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.

13. Suitable overalls shall be provided for all persons employed at a factory to which these Regulations apply in the lead painting of vehicles and such overalls shall be washed at least once per week and replaced when necessary, and it shall be the duty of every person to wear, while so employed, the overall provided pursuant to this regulation and to remove it before partaking of food or leaving the factory premises.

14. It shall be the duty of every person employed in a factory to which these Regulations apply in lead painting of vehicles before partaking of food or leaving the factory premises, to wash his face and hands.

15. A person employed at a factory to which these Regulations apply in lead painting of vehicles shall not introduce, keep, prepare or partake of any food or drink in a place in the factory where such painting is carried on.

16. The Vehicle Painting Regulations, 1929 (S.R. and O., No. 5 of 1929), are hereby revoked.

SCHEDULE

Manner of Treatment of Lead Paint for the purpose of ascertaining the percentage of Dry Compound of Lead present, and referred to in Regulation 2 of these Regulations.

The material is to be treated with suitable solvents to remove the oil, varnish and other media, and the residue to be dried at 100°C. and thoroughly mixed. A weighed quantity of this extracted, dried and mixed material is to be continuously shaken for one hour, at the common temperature, with 1,000 times its weight of an aqueous solution of hydrochloric acid containing 0.25 per cent by weight of hydrogen chloride. The resulting solution is then to be allowed to stand for one hour and subsequently filtered. The lead salt contained in the clear filtrate is then to be precipitated as lead sulphide and weighed as lead sulphate.

GIVEN under my Official Seal, this 6th day of January, 1976.

MICHAEL O'LEARY,

Minister for Labour.

EXPLANATORY NOTE

These regulations prescribe safety measures which must be taken for persons engaged in lead painting of vehicles.