S.I. No. 28/1976 - Factories (Heading of Yarn) Regulations, 1976.

S.I. No. 28 of 1976.

FACTORIES (HEADING OF YARN) REGULATIONS, 1976.

I, MICHAEL O'LEARY, Minister for Labour, in exercise of the powers conferred on me by sections 6 , 8 , 20 , 53 , 57 , 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 (Heading of Yarn) Regulations, 1976, and shall come into operation on the 1st day of March, 1976.

2. The Heading of Yarn Regulations, 1907 (S.R. and O., 1907, No. 616), are hereby revoked.

3. In these regulations—

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

"appointed doctor", as respects a factory to which these Regulations apply, means the certifying doctor for the district in which the factory is situated, or a registered medical practitioner specially appointed by written certificate of the Minister for the purposes of these Regulations;

"heading" means the manipulation of yarn over a bar or post and includes picking, making-up and noddling;

"health register" means the register kept pursuant to Regulation 8 of these Regulations;

"Minister" means the Minister for Labour;

"relevant process" has the meaning assigned to it by Regulation 4 of these Regulations;

"suspension" means suspension, by written certificate in the health register signed by the appointed doctor, from employment in the relevant process.

4. These Regulations shall apply to every factory in which the process of heading yarn being yarn dyed by means of a lead compound (which process is in these Regulations referred to as the relevant process) is carried on.

5. 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.

6. (1) The relevant process shall not be carried on unless there is provided an efficient exhaust draught arranged so as to draw any dust away from the worker and situated as near as possible to the point of origin.

(2) Exhaust ventilation equipment provided pursuant to this regulation shall be inspected at least once in every seven days and shall be thoroughly examined and tested by a competent person at least once in every period of fourteen months and a report of the results of every such examination and test signed by the person making or responsible for the carrying out of the examination and test shall be made to the occupier not later than fourteen days after the date of the examination and test.

7. A person who is under 18 years of age shall not be employed in the relevant process at a factory to which these Regulations apply.

8. A health register containing the names of all persons employed in the relevant process shall be kept and maintained at every factory to which these Regulations apply in a form approved for the time being by the Minister.

9. (1) Every person employed in the relevant process shall be examined by the appointed doctor once in every calendar month and due notice of the date on which a person is to be examined pursuant to this regulation shall be given to him.

(2) The appointed doctor shall have power of suspension as regards all persons employed in the relevant process and no person after suspension shall be so employed without written sanction from the appointed doctor entered in the health register kept at the relevant factory.

(3) A record of every examination pursuant to this regulation and of the date thereof, signed or initialled by the appointed doctor, shall be entered in the health register.

10. There shall be provided and maintained for the use of all persons employed in the relevant process at a factory to which these Regulations apply—

( a ) a suitable cloakroom for clothing put off during working hours;

( b ) a suitable mess-room for taking meals separate from any room in which the relevant process is carried on, unless the factory or relevant part of the factory is closed during meal hours;

( c ) suitable overalls and head-coverings which shall be collected at the end of every day's work, and be washed and renewed at least once every week;

( d ) a suitable place, separate from the cloakroom and mess-room (if any) aforesaid, for the storage of the overalls and head-coverings.

11. (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 the relevant process shall be washing facilities which are adequate and suitable for the use of all of the persons so employed in the factory. 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.

(2) The said facilities shall include clean running hot and cold or warm water, soap, non-abrasive nail brushes and clean towels, and, in addition, 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 fitted with suitable jets or sprays and with a waste pipe.

(3) Where the number of persons employed in the relevant process 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.

12. It shall be the duty of every person employed in the relevant process at a factory to which these Regulations apply—

( a ) to present himself at the appointed time for examination by the appointed doctor pursuant to Regulation 9 of these Regulations;

( b ) to wear the overalls and head-covering provided in pursuance of these Regulations while at work, and to remove them before partaking of food or leaving the factory premises, and to deposit in the cloakroom so provided clothing taken to but not worn at the factory during working hours;

( c ) to wash his hands before partaking of food at or leaving the factory premises.

13. A person employed at a factory to which these Regulations apply shall not—

( a ) work in the relevant process after suspension, without written sanction from the appointed doctor entered in the relevant health register;

( b ) introduce, keep, prepare, or partake of any food or drink, or tobacco, in any place in the factory in which the relevant process is carried on;

( c ) interfere in any way, without the concurrence of the occupier of the factory, with the means or appliances provided for the removal of dust, or with any other thing so provided pursuant to these Regulations.

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

MICHAEL O'LEARY,

Minister for Labour.

EXPLANATORY NOTE.

These Regulations prescribe measures to be taken for the safety, health and welfare of persons employed in factories where the process of heading yarn dyed by means of a lead compound is carried on.