S.I. No. 44/1976 - Factories (Lead Smelting) Regulations, 1976.

S.I. No. 44 of 1976.

FACTORIES (LEAD SMELTING) REGULATIONS, 1976.

I, MICHAEL O'LEARY, Minister for Labour, in exercise of the powers conferred on me by sections 6 , 8 , 20 , 53 , 57 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:

1. These Regulations may be cited as the Factories (Lead Smelting) Regulations, 1976, and shall come into operation on the 1st day of March, 1976.

2. The Lead Smelting and Manufacture Regulations, 1911 (S.R. and O., 1911, No. 752), are hereby revoked.

3. (1) In these Regulations—

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

"appointed doctor", as respects any factory, 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;

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

"damp" means sufficiently moist to prevent the escape of dust;

"efficient exhaust draught" means localised ventilation effected by heat or by mechanical means, for the removal of gas, vapour, fumes or dust so as to prevent them from escaping into the air of any place in which worth is carried on;

"flue" means a flue leading from a furnace;

"furnace", "melting pot", "retort", and "condensing chamber", means structures aforesaid which are used in the treatment of lead material;

"health register" means the register kept pursuant to Regulation 18 (2) of these Regulations;

"lead material" means—

( a ) material containing five per cent. or more of lead including lead ore, bullion ore (lead ore rich in precious metals), red lead, orange lead or flaked litharge, and

( b ) zinc ore, and material resulting from the treatment thereof, containing two per cent. or more of lead,

except ores which contain lead only in the form of sulphide of lead;

"lead process" means—

( a ) manipulation, movement or other treatment of lead material, whether by means of any furnace, melting pot, retort, condensing chamber, flue, or otherwise, and

( b ) cleaning or demolition of any furnace, melting pot, retort, condensing chamber, flue, or part thereof, or reconstruction thereof with material which has formed part of the same or any other such structure;

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

(2) For the purposes of these Regulations, a draught shall not be regarded as being efficient if it does not remove smoke generated at the place where the gas, vapour, fumes or dust, which it is designed to remove, originates.

4. These Regulations apply to any factory or part thereof (other than a laboratory) in which any of the following processes is carried on, namely—

( a ) the smelting of materials containing lead,

( b ) the manufacture of red or orange lead,

( c ) the manufacture of flaked litharge.

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 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.

6. Where in a factory to which these Regulations apply, a lead process is carried on so as to give rise to dust or fumes,

( a ) the floor, other than sand beds, shall be maintained in good condition, and

( b ) the floor, except such portion as is permanently set apart for the deposit of lead material, shall be sprayed with water at least once a day.

7. (1) As regards a factory to which these Regulations apply, no lead material (other than ingots of metal) shall be deposited or allowed to remain on any part of the floor not permanently set apart for the purpose, and no lead material (other than ingots of metal) shall be moved to a furnace, unless such lead material is—

( a ) damp, or

( b ) under an efficient exhaust draught, or

( c ) enclosed, so as to prevent the escape of dust into the air of any place in which work is carried on.

(2) Where it is not practicable to comply with the requirements of paragraph (1) of this regulation relating to the movement of lead material, the material may be moved to a furnace by persons wearing suitable respirators.

8. (1) None of the following processes, namely—

( a ) melting old or dirty scrap lead,

( b ) heating lead material so that vapour containing lead is given off,

( c ) cooling molten flaked litharge,

shall be carried on in a factory to which these Regulations apply unless an efficient exhaust draught is provided in relation thereto.

(2) None of the following processes, namely—

( a ) feeding any furnace or retort,

( b ) manipulating lead material in any furnace or retort,

( c ) removing lead material from any furnace or retort,

( d ) placing in any hopper or shoot, or packing, red or orange lead or flaked litharge,

shall be carried on in a factory to which these Regulations apply unless the process is carried on in such manner as to prevent escape of gas vapour, fumes or dust into any other place in the factory in which work is carried on.

9. As regards a factory to which these Regulations apply, no sack which has contained lead material shall be cleaned and, except in the process of sampling, no lead material shall be broken up, crushed or ground, unless such sack or lead material is damp, or is placed in an apparatus which is enclosed so as to prevent the escape of dust.

10. No lead material giving off vapour containing lead shall be removed from an exhaust draught provided pursuant to Regulation 8 of these Regulations otherwise than by means of a receptacle with an efficient cover.

11. The occupier of a factory to which these Regulations apply shall not allow a person to enter any furnace, melting pot, retort, condensing chamber, or flue in the factory until it has been ventilated.

12. The occupier of a factory to which these Regulations apply shall not allow a person to remain in any flue (unless damp) or condensing chamber in the factory for more than three hours, and in case a person has been allowed to remain in such a flue or condensing chamber for three hours the occupier shall not again allow the person into the flue or condensing chamber until an interval of at least half an hour has elapsed.

13. (1) The occupier of a factory to which these Regulations apply shall provide suitable overalls for the use of all persons employed at the factory in any of the following processes, namely—

( a ) cleaning any flue or condensing chamber,

( b ) demolishing any part of a furnace, melting pot, retort, condensing chamber, or flue, unless the structure is either damp or there is provided in relation thereto an efficient exhaust draught,

( c ) reconstructing any part of a furnace, melting pot, retort, condensing chamber, or flue, with material which has formed part of the same or any other such structure, unless the structure is damp,

( d ) breaking up, crushing, or grinding in the process of sampling, lead material unless the material is either damp or placed in an apparatus enclosed so as to prevent the escape of dust,

( e ) placing in any hopper or shoot, or packing, red or orange lead or flaked litharge.

(2) Overalls provided pursuant to this regulation shall be washed, cleaned or renewed, at least once every week.

(3) All overalls contaminated with lead dust and intended to be washed or cleaned pursuant to paragraph (2) of this regulation shall, prior to being washed or cleaned, be stored and transported in closed receptacles which prevent the escape of dust.

14. The occupier of a factory to which these Regulations apply shall provide suitable respirators for the use of all persons employed at the factory in any process mentioned in Regulation 13 of these Regulations, which respirators, when used, shall be washed or renewed at least once every day.

15. A young person or a woman shall not be employed in any lead process.

16. The occupier of a factory to which these Regulations apply shall provide and maintain for the use of all persons employed at the factory in any lead process—

( a ) a suitable meal-room, unless the works are closed during meal hours, and

( b ) a suitable place or places for the storage of overalls provided in pursuance of Regulation 13 of these Regulations, which place or places shall be separate from the accommodation required by section 53 of the Act and by paragraph (a) of this regulation,

all of which shall be located so as not to be exposed to dust or fumes from any manufacturing process carried on in the factory.

17. (1) In relation to a factory to which these Regulations apply, washing facilities provided in accordance with section 53 of the Act for the use of persons employed in any lead process shall be washing facilities which are adequate and suitable for the use of all of the persons so employed in the factory, and where practicable shall be provided for those persons' exclusive use.

(2) The facilities referred to in paragraph (1) of this regulation shall be under cover and be kept in a clean and orderly condition and shall be immediately accessible, or where this is not reasonably practicable, conveniently accessible from the relevant workplace. The said facilities shall include clean running hot and cold or warm water, soap, non-abrasive nail brushes and clean towels, and, in addition,

( a ) at least one shower bath with an adequate supply of hot and cold water supplied through one fixture which may be used for washing the entire body,

( b ) for every five persons at least one wash basin with a smooth impervious surface of a suitable size fitted with suitable jets or sprays and with a waste pipe,

( c ) 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 five 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.

(3) Where the number of persons employed in a lead 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.

(4) When the number of persons referred to in paragraph (1) of this regulation who are employed at any one time at a factory is temporarily increased by reason only of flue cleaning the temporary increase in the number shall not be taken into account in regard to the requirements of paragraph (2) of this regulation if, but only if, adequate additional time for washing is allowed to all persons then employed at the factory in a lead process immediately before each meal break and immediately before the end of each day's work.

18. (1) Every person employed at a factory to which these Regulations apply in a lead 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) A health register containing the names of all persons employed in any lead process shall be kept at the factory where the person is so employed in an approved form.

(3) The appointed doctor shall have a power of suspension as regards all persons employed in a factory to which these Regulations apply and no person who is so suspended shall be employed in such a factory in a lead process without written sanction from the appointed doctor entered in the health register.

19. (1) It shall be the duty of every person employed in a factory to which these Regulations apply in any lead process to deposit in the place or places provided, pursuant to section 54 of the Act, all clothing put off during working hours.

(2) It shall be the duty of every person for whose use an overall is provided pursuant to Regulation 13 of these Regulations to wear the overall when employed in any process mentioned in that Regulation, and to remove it before partaking of food or leaving the factory premises, and to deposit it in the place referred to in Regulation 16 (b) of these Regulations.

(3) It shall be the duty of every person for whose use a respirator is provided pursuant to Regulation 14 of these Regulations to wear the respirator while employed in any process to which Regulation 7 (2) of these Regulations applies or in any process mentioned in Regulation 13 of these Regulations.

20. A person shall not introduce, prepare or partake of any food or make use of tobacco in any place in a factory to which these Regulations apply, being a place in which a lead process is carried on.

21. It shall be the duty of every person employed in a factory to which these Regulations apply in any lead process, or in any place in the factory where any lead process is being carried on, before partaking of food, to wash his face and hands, and before leaving the premises to wash his face, neck and arms using the washing facilities referred to in Regulation 17 of these Regulations.

22. It shall be the duty of every person employed in a factory to which these Regulations apply in a lead process, from time to time to present himself for the examination by the appointed doctor arranged pursuant to Regulation 18 of these Regulations.

23. A person employed in a factory to which these Regulations apply shall not, after suspension under these Regulations or under any other regulations applying to factories where any process involving the use of lead is carried on, work in any lead process without written sanction from the appointed doctor entered in the health register.

24. A person employed in a factory to which these Regulations apply shall not interfere in any way, without the concurrence of the occupier, with a means provided pursuant to these Regulations for the removal of gas, vapour, fumes or dust, or with any other thing provided pursuant to these Regulations.

GIVEN under my Official Seal, this 23rd day of February, 1976.

MICHAEL O'LEARY,

Minister for Labour.

EXPLANATORY NOTE.

These Regulations provide for the safety, health and welfare of persons employed in factories undertaking the smelting of materials containing lead and the manufacture of red or orange lead and flaked litharge.