S.I. No. 188/1972 - Factories (Asbestos Processes) Regulations, 1972.
Table of Provisions (23)
Statutory Text (23 Articles)
1. Breaking, crushing, disintegrating, opening and grinding asbestos, mixing asbestos (including mixing asbestos with any other material), sieving asbestos, and all processes incidental to any of the foregoing.
2. All processes comprised in the manufacture of yarn or cloth composed of asbestos or asbestos mixed with any other material, including preparatory and finishing processes.
3. Making insulation slabs or sections, composed wholly or partly of asbestos, and processes incidental thereto.
4. Making or repairing of insulating mattresses composed wholly or partly of asbestos, and processes incidental thereto.
5. The application to, or the removal from, any surface of asbestos insulation or lagging.
6. The application of asbestos to any surface by spraying.
7. Any other process which either arises in the manufacture of articles composed wholly or partly of asbestos or which otherwise involves asbestos and in connection with which asbestos dust is or may be given off.
GIVEN under my Official Seal, this 1st day of August, 1972.
JOSEPH BRENNAN,
Minister for Labour.
EXPLANATORY NOTE
The purpose of these Regulations is to prescribe measures which must be taken to ensure the adequate protection of persons employed in processes involving the use of asbestos.
8. (1) Where it is impracticable to comply with the requirements of paragraphs (1) and (2) of Regulation 7 of these Regulations in relation to a particular premises or ship, the following shall be provided for the use of each person employed in any part of the premises or ship into which asbestos dust resulting from a process is liable to escape, namely—
(
a
) suitable respiratory protective equipment, and
(
b
) protective clothing,
and the equipment and clothing shall be used by the persons for whom it is purovided.
(2) All respiratory protective equipment and protective clothing provided pursuant to this regulation shall be maintained in good order.
(3) Respiratory protective equipment provided pursuant to this regulation which has been worn by a person shall not be provided for the use of another person unless it has been thoroughly cleaned and disinfected since last being worn.
(4) A person shall not be employed to perform any work in relation to which respiratory protective equipment is provided pursuant to this regulation unless he has been fully instructed previously in the proper use of that equipment.
PART III CLEANLINESS OF PREMISES AND PLANT
9. The following shall, in so far as is practicable in the particular circumstances, be kept in accordance with the following provisions of this Part of these Regulations in a clean state and free from both asbestos waste and asbestos dust, namely—
(
a
) all machinery, apparatus, work benches and other plant or equipment used for the purpose of or in connection with the carrying on of a process,
(
b
) all external surfaces of exhaust ventilation equipment provided pursuant to these Regulations, and
(
c
) all floors, interior walls, ceilings or ledges and all other internal surfaces of any part of a premises or ship which is a part either in which a process is carried on or to which asbestos dust from a process is liable to escape.
10. Subject to Regulation 11 of these Regulations, the cleaning required by Regulation 9 of these Regulations shall, so far as is practicable, be carried out by means of vacuum cleaning equipment, or by some other sulitable method which ensures that asbestos dust neither escapes nor is discharged into the air of any workplace.
11. (1) In so far as it is impracticable to carry out cleaning required by Regulation 9 of these Regulations by the method described in Regulation 10 of these Regulations, the cleaning shall be carried out in the manner described in the following paragraphs of this regulation.
(2) Protective clothing and suitable respiratory protective equipment shall be provided for and used by every person present in any part of a premises or ship where the cleaning is being carried out.
(3) Any surface on which asbestos waste or dust is deposited as a result of the carrying out of the cleaning, not being a surface of the cleaning equipment used, shall be cleaned forthwith.
(4) Paragraphs (3) and (4) of Regulation 8 of these Regulations shall apply to respiratory protective equipment provided pursuant to this regulation as they apply to such equipment provided pursuant to that regulation.
12. Vacuum cleaning equipment used for cleaning pursuant to the provisions of this Part of these Regulations shall be maintained in good order and have all external surfaces kept in a clean state and be free from asbestos waste and dust.
13. (1) Subject to paragraph (2) of this regulation, after the date of the coming into operation of these Regulations no process specified in paragraphs 1, 2, 3, 4 or 5 of the Schedule to these Regulations shall be used for the first time in a factory by the occupier of the factory unless the part of the factory where any process is to be carried on—
(
a
) is constructed so that all the interior surfaces are smooth and impervious and is designed and constructed so as to have as few surfaces on which asbestos dust can settle as is practicable, and
(
b
) has a vacuum cleaning system with filters and a source of suction located at a fixed central point from which pipes run throughout the factory providing suitably placed inlets to which portable cleaning implements can be attached and the system shall be designed and constructed so that asbestos dust cannot escape or be discharged from it into the air of any workplace.
(2) Paragraph (1) of this regulation shall not apply where a process referred to in that paragraph is carried on for less than eight hours in any week.
14. Where accommodation for clothing not worn during working hours is provided for the use of persons employed in any premises or ship, the accommodation shall be such or shall be situated so that asbestos dust is not deposited on the clothing.
PART IV STORAGE AND DISTRIBUTION OF ASBESTOS
15. In relation to every premises or ship, when not in use all loose asbestos shall be kept in closed receptacles which prevent the escape of asbestos dust, and all asbestos waste shall, when stored, be kept in like receptacles.
16. Loose asbestos or asbestos waste shall neither be despatched from, nor, as far as is practicable, be received into any premises or ship except in suitable closed receptacles which prevent the escape of asbestos dust therefrom nor shall such asbestos or waste be distributed within such premises or ship except in like receptacles or by means of a totally enclosed system of conveyance.
17. All receptacles provided pursuant to Regulation 15 or 16 of these Regulations shall, where they contain crocidolite, be clearly and boldly marked " Blue asbestos—DO NOT INHALE DUST ".
PART V ACCOMMODATION FOR AND CLEANING OF PROTECTIVE EQUIPMENT
18. (1) Suitable and conveniently accessible accommodation shall be provided for the use of persons employed in any premises or ship for putting on and taking off respiratory protective equipment and protective clothing provided to comply with these Regulations and for the storage of such clothing and equipment when it is not in use.
(2) All protective clothing and respiratory protective equipment which has been provided in pursuance of these Regulations shall, when not required for use, be kept in the accommodation provided under paragraph (1) of this Regulation, except when it is necessary For it to be removed for cleaning or replacement.
(3) So far as practicable and subject to the requirement that protective clothing provided pursuant to these Regulations shall be replaced when necessary, the same protective clothing shall be available for use by a particular person on each occasion on which he is required by these Regulations to wear it.
19. (1) Subject to paragraph (2) of this regulation, all protective clothing provided pursuant to these Regulations shall be properly cleaned at suitable intervals in the premises or ship in relation to which the clothing is provided.
(2) The provision of paragraph (1) of this regulation which requires protective clothing to be cleaned in the relevant premises or ship shall not apply if—
(
a
) before being despatched for cleaning, the protective clothing is propertly packed in suitable containers which prevent the escape of asbestos dust, and,
(
b
) each such container is clearly and boldly marked " Asbestos Contaminated Clothing".
PART VI YOUNG PERSONS
20. A young person shall not be employed—
(
a
) in any process or in any part of premises into which asbestos dust from a process carried on in the premises would be liable to escape unless the requirements of Regulation 7 of these Regulations are complied with in respect of that process, or
(
b
) in carrying out any cleaning pursuant to Part III of these Regulations otherwise than by a method described in Regulation 10 of these Regulations.
PART VII INSTRUCTION AND DUTIES OF PERSONS EMPLOYED IN ASBESTOS PROCESSES
21. A person shall not be employed in any process in a premises or ship unless he has received, and where necessary continues to receive, adequate training and instruction before and during such employment in the precautions to be taken under these Regulations for his protection in relation to his health and safety.
22. (1) Every person employed in a process in a premises or ship who is aware that asbestos dust is likely to escape shall either—
(
a
) take all necessary and reasonable steps to prevent the escape of the dust, or
(
b
) withdraw from the place of exposure to dust without delay and report the matter forthwith to the relevant occupier or employer, as the case may be, or in the case of a ship, the person for the time being having control thereof.
(2) Every person so employed shall comply with—
(
a
) any directions relating to any requirement of these Regulations and given to him by the occupier or employer, or in the case of a ship, the person for the time being having control of the ship, and
(
b
) any provision of these Regulations which requires the performance of or refraining from an act by him.
SCHEDULE
PROCESSES
S.I. No. 188 of 1972.
FACTORIES (ASBESTOS PROCESSES) REGULATIONS, 1972.
ARRANGEMENT OF REGULATIONS
PART I
PRELIMINARY AND GENERAL
Regulation