52 tal-1986

J6'n

fA CTORlf.S O RDINANCE {CAP.

factories (Healtb, Sardy and WdJ~) Regulations , 1",

Citation and commencement

T iIOlu ubidufis-sel'lh .

L.N. 52 of 1986

FACTORIES ORDINANCE (CAP. 169)

Factories (Health, SBfely and Welfare) Regulations, 1986

IN cxcrci~ of the powers conferred by section 3 of the Factories

Ordinance, the Minister of Labour and Social Services. after consulta-

tion with the Council of Health. has mad e the foll owing regulalioos:-

I. (I) These regulations may be cited as the Factories (Health,

Safety and Welfare) R egulations, 1986.

(2) These regulations shall come into force after twenty-one

days from the day on which they are laid on the Table of the House of

Representatives . in accorda nce with the provisions o f subsect ion (3) of

section 3 of the Factories O rdinance, which day shall be nOlified by the

Minister of Labour and Social Services by notice in the Gazelle.

2. In these regula tions, unless the context mherwisc requires -

"Director" means the Director of Labou r and Emigration

"d riving belt" includes any driving strap or rope

"employer" has the same meaning as "occupier";

"factory" has the same meaning as is assigned \0 it in section 2

of the O rd inance;

"fumes" includes gas or vapour;

"inspecto r" means an inspector appointed under section 4 of

the Ordinance ;

"machinery" includes any driving belt;

"maintained" means kept in an efficient state, in efficient

working order, and in good repair;

"occupier" and "employer" mean any of the persons men -

tioned in subsectio n (I) and (2) of sc£tion 6 of the Ordinance ;

"Ordinance" means the Factories Ordinance ;

"plant" includes any machinery, equipment or appli ance;

"premises" includes any place a nd also includes in particular

any vehicle, vessel, tent or movable strocture;

"primc mover" means cvcry engine, motor, ormher appliance

which provides mechanical e nergy derived from steam, water,

wind, electricity. the com bustion of fuel or other source;

"Sanitary Authority" includes the Superintendent, a Principa l

Medical Officer, a Senior Medical Officer. a Medical Officer of

Health, an Occupational Health Officer. an Occupational Hygiene

Officer, a H calth Inspector and any ntherofficerofthe Departmcnt

of Heallh duly authorised in writing by the Superintendent to

ensure the obse rvan ce of the provisions of the regulations relating

to thc wcl fare and health as well as prevention and control of

occ upational diseases;

"sanitary convenience" includes uri nals, water closets, earth

closets, privies. ash pits and any similar convenie nce;

"self-employed person" means an individual who works for

gain or reward OIhcrwise than under a contract of employment.

whether or not he himself employs others;

"Superintendent" means the Superintendent of Public Health;

"transmission machinery" means every shaft. wheel. drum,

pulley, system of fast and loose pulleys. couplings, clutch, driving

belt or other device by which the motion of a prime mover is

transmitted to or Te.:cived by any machine or appliance;

"underground room" means any room which is in whole o r in

part situated in such manner that at least half its height. measured

from the floor to the ceiling, is below the surface of the ground

adjoining or nearest to the room;

"woman" means a female who has anained the age of eighteen

years;

"you ng person" means a person who ha5 not yet attained the

age of eighteen years.

PART I

SAFETY

General Pro~lslons

3. (1) Every flywheel directly connected to any prime mover PrimemoY<,.

and every moving part of any prime mover. except such prime movers as

arc me nt ioned in paragraph (2) of this regulation, shall be securely

fenced whether the flywheel or prime mover is situated in an engine-

house or no!.

(2) Every part of electric generators, motors and TOtary con-

vertors. and every flywheel directly connected thereto. shall be securely

fenced unless it is in such a position or of such construction as to be safe

to every person employed or working on the premises as it would be if

secu rely fenced.

4. (1) Every pan of the transmission machinery shall be securely

fenced unless it is in such a position or of such construction as to be safe

to every person employed or working on the premises as it would be if

securely fenced.

(2) Efficie nt devices or appliances shall be provided, main-

tained and clearly marked in every room or place where work is carried

on by which the power can promptly be cut off from the transmission

machinery in that room o r place.

(3) No driving belt when not in use, shall be allowed torest or

ride upon a revolving shaft which foms part of the transmission

machinery.

(4) Suitable striking gear or ot her efficient mechanical

appliances shall be provided and maintained and used to move driving

belts to and from fast and loose pulleys which fonn part of the transmis-

sion machinery. and any such gear or appliances shall be so constructed.

placed and maintained as 10 prevenllhe driving belt from creeping back

on the fast pulley.

(5) Where the Director is satisfied that owing to special

circumstances the fulrilment of any of the requirements of paragraphs 2

to 4 of this regulation is unnecessary or impracticable , hemay direct that

that requirement shall not apply in those circumstances.

(1) Every dangerous part of any machinery other than

S.

prime movers and transmission machinery, shall be securely fenced

unless it is in such a position or of such construction as to be as safe to

every person employed or working on the premises as it would be if

securely fenced

Provided that, in so far as the safety of a dangerous part of any

machinery cannot by reason oflhe nature of the ope ration be secured by

means of a fixed guard, the req uirements of this regulation shall be

deemed to have been complied with if a device is provided which

automa ti cally prevents the operator from coming into contact with that

part.

(2) Any part of a stock bar which projects beyong the head-

stock of a lathe shall be securely fenced unless it is in such a position as 10

be as safe to every person employed or working on the premises as it

would be if securely fenced.

6. All fe ncing and olher safeguards provided in pursuance of the

foregoing provisions of this regulation shall be of substantial construc-

tion, and constantly maint ained and kept in position while the parts

req uired to be fenced or safeguarded are in motion or in use, except

where any such parts arc necessarily exposed for examination and for

any lubrication or adjustment shown by such examination to be imme-

di ately necessary.

7, (1) In the case ohny machine in a factory which is a maclline

intended to be driven by mechanical power:-

(a) every set-screw, boil or key on any revolving shaft,

spi ndle, wheel or pinion shall be so sunk. encased or othelWise

effcctively guarded as to prevent danger;

(b) all spur and other toothed or frielion gearing, which docs

not require frequent adjustment while in motion, shall be completely

encased unless it is so situated as to be safe as it would be if

completely encased.

(2) Any person who sells or lets on hire, or as an agent of the

seller or hirer, eauses or procures 10 be sold or lel on hire . for use in a

factory, any machine intended to be driven by mechanical power which

does not comply with the requirements of this regulation shall be guilty

of an offence .

P)

Nothing in ~aragraph (2) of this re!;ulation shall apply 10

any machinery or plant which was soki or let on hire before the coming

inlO force of these regulations.

~-

(I)

Every fixed vessel. structure, sump or pit of which the

ed~e IS less than on.e metre above the highest ground or platfonn from

wh ich a perwn might fall into it, shall, if it contains any scalding,

corrosive or poisonous liquid, either be securely covered or be securely

fenced to at least ODe metre above that ground or platform. or where by

nature of the work neither secure covering nor secure fencing to that

height is practicable, all practicable steps shall be taken by covering,

fencing or other means to prevent any person from fal ling in to th e

vessel, structure, sump or pit.

(2) Whcre anf fixed vessel, structure, sump or pit contains

any scalding, corrosive or poisonous liquid that is not securely covered.

no ladder, stair or gangway shall be placed above, across or inside it

which is not: -

(a) atleast 4Scmwide,and

(b) securely fenced on both sides to a heigh t of at least 1

metre and securely fixed.

(3) Where any such vessels, structures, sumps or pits as arc

mentioned in paragraph (2) of this regulation adjoin, and the space

between them, clear of any surrounding stone or other work, is less than

4S cm in width, or are not securely feooed on both sides to a height of at

least 1 metre, secure barriers shall be so placed as to prevent passage

betwecn them.

(4) For the purposes of this regulation a ladder. stair or

gangway shall not be deemcd to be securely fenced unless it is provided

either with sheet fcncingorwith an upper and lower rail and toe boards.

9. A woman or youn!!; person shall not clean any part of a prime C .... nin'"f

mover or of any transmission machinery while the mover or transmission mactlin<ry br

machinery is in motion, and shall not clean anypart of any machine if the : : . and)'Qllfltl

cleaning thereof would expose the woman or young person to risk of

injury from the moving pan either of that machine or of any adjacent

machinery.

10, ( I) In any factory no traversing pan of any self-acting

machine and no material carried thereon shall, if the space over which it

runs is a space over which any person is liable to pass, be allowed on its

outward or inward traverse to run within a distance of 4S centimetres

from any fixed structure which is not part of the machine.

(2) All practicable steps shall be taken by instructions to the

person in charge of the machine and otherwise to ensure that no person

employed shall be in the space between any traversing pari of a self-

acting machine and any pan of th e machine towards which the tra-

versing part moves on the inward run, except when the machine is

stopped with the traversi ng part on the outward run.

11 _ (1) No young person shall work at any machine to which Ihis

regulation applies, unless in the opinion of the Director, such person has

been fully instructed as to the dangers arising in connection with the

machine and the precautions to be observed, and -

(i) has received a sufficient training in work at the

machine; or

(ii) is under adequale supervision by a person who has a

Ihorough knowledge and experience of the machine.

(2) This regulalion applies to such machines as are specified

in the Schedule to these regulations, being machines which in Ihe

opinion of the Director are of such a dangerous character that young

persons o ught nOllowork at them unl t..'SS the foregoing requirements are

complied wit h.

12. (I ) All nOON. steps. stairs. passages and gangways shall be

of so und cons truc tion and properly maintained and shall. so fa r as is

reasonably practicable. be kept free from any obstruction and from any

substance likely to cause persons to slip.

(2) For every staircase in a building or affording 3 means of

exit from a building. a substantial hand-rail shall be provided and

maintained. wh ich if the stair-case has an o pen side. shall be on that side,

aoo in the case of a sta ircase having two ope n sides or of a stai rcase

which, owing 10 Ihe nature of its construction or the condition of the

surface o f the steps or other special circumstances. is specially liable to

cause accidents. such a hand-rai l shall be provided and maintained on

both sides.

(3) An y open side of a staircase shall also be guarded by the

provision and ma inlenance of a Iov.·er rail o r otber e ffective means.

(4) All ope nings in floors shall be secu rely fenced, except in

50 far as the nature of the work renders sueh fencing impracticable.

(5)

All ladders shall be soundly constructed and properly

mainta ined .

13. (I) There shall. so far as is reasonably practicable .be

provided and maintained safe means o f IICCCSS to every suc h place at

which any person has lit any time to wor k and every such place shall, so

far as is reasonably practicable. be made and kept safe for any pe rson

working there.

(2) Where any person has to work at a place from which he

will be liable to fall a distance of more than two metres, then. unless the

place isone which affords secure foothold , and. where necessary, secure

hand-ho ld. means shall be provided. so far as is reasonab ly practicable.

by fencing or otherwise, for ensuring his safety_

14. (I ) Every teagle opening or similar doorway used for hoist-

ing or lowering goods or materials, whether by mechanical power or

otherwise, shall be secu rely fenced and shall be provided with a secure

hand-hold on each sido!.

(2) The fenci ng shall be properly maintained and shall.

except when the hoisting or lowering of goods o r materials is being

carried on al the opening or doorway, be kept in posi tion.

IS. (J) [n determining. for the pur()OSCS of the forcgoing pro .. i· ~ ..

sions o f this Pan ofthcsc regulations, whe ther any pan of machinery is in IO""~..-j

such a posilKln or of such consl ruclion as to be as safe to every person ......tU ... ..,. .

employed or working on the premises as it would be if secuTl:ly fenced.

the following paragraphs shall apply in a case whe re Ihis regula tion

appl ies. that is 10 say:-

(a) no account shall be taken of any person carrying OUI.

while the part of machinery is in mOlion. an examination thereof or

any lubrica tion or any adjustmenl shown by the eUminalion

to be immediately necessary. if the examination. lubrication

or adjustment can only be carried out wh ile the pan of machinery is

in II1Otion :and

(b) in the case of any pan of tra nsmission machi nery used in

any such process as may be specified in the regulation~, being a

process where owing to the continuous natu re thereof. the stopping

o f that part wou ld seriously interfcre wit h the carrying on of the

process. no account shall be ta ken of any person carrying out. by

such methods and in such circumstances as may be specified in the

regulations. any lubricalion or any moun ting or shipping of belts.

(2) This regulation applies only where the examination.

lubrication or o ther ope ration is carried ou t by such persons who have

attained the age of eighteen years. and all such conditions as may be so

specified arc complied wit h.

16. ( I ) The following provisions shall be complicd with as ClI ..... ropa

respecls every chain . rope or lifting laclde used for the purpose of raising - ijftin&

or loweri ng persons. goods or materials:-

[od" .

(a) no chain. rope or lifting tacklc shall be used unless il isof

good construction. sound mmerial. adequatc strength and free

from paten t defect;

(b) subject to paragraph (2) of this regulation. a table

showing the safe working loads of e\'ery kind and sizcofchain. rope

or lifting tack le in use, and. in the case of a mul tiple sling. the safe

working load at differen t angles of the legs. shall be posted in the

store in which the chains. ropes or lifting tackle are kept. and in

prominent positions on the premises. and no chain. rope or lifting

tackle no t shown in the table shall be used

(c) no chain . rope o r lifting tackle shall be used for any load

exceeding its safe working load as shown by the table men tioned in

su bparagraph (b) of this paragraph or marked as mentioned in

paragraph (2) of this regulation;

(d) all chains. ropes and lifting tockle in use shall be

thoroughly examined by a competent person ltt least once in every

period of six mon ths or ot such greater intervals as may be pre-

scribed;

(c) no chain. rope or lifting tackle. except a fibre rope or

fibre rope sling, shall be take n in10 use in any factory for lhe first

lime in that factory unless it has been tested and thoroughly

examined by a IX)lTlpe lcn l person and a ce rtificate o f the test and

examination specifying the safe wo rking 10ad and signed by the

person makin g the test and examination has been obtained and is

kepI available for inspection ;

(I) every chain and lifting tackle except a rope sling shall.

unl ess o f a class or description exe mpted by certificate of Ihe

OireclOr upon the ground that it is made of such material or so

constructed that it cannot be subjected 10 heal treatment without

risk of damage or that it has bee n subjected to some fonn of heal

trearment (other tha n anneal ing) approved by him , be annealed at

least once in every fourteen months. or, in Ihe case of chains or

slings of 2.5cm bar or smalle r. or chains used in connection with

molten metal or molten slag, in every su: montlrs, except that chains

and lifting tackle not in regular use need be annealed only when

necessary;

(g) a register containing tbe presc ribed particulars shall be

ke pt in respect of all such chains, ropes or lifting tackle, except fibre

rope slings.

(2) Subparagraph (b) of paragraph (l)of this regulation snail

not apply in relation to any lifting tackle, if its safe working load or, in

the case of a mult iple sling. the safe working load at different angles of

the legs, is plainly marked upon it.

(3) In th is regulation "lifting tackle" means chain slings, rope

slings, rings, hooks, shackles and swivels.

17. (I) All parts and working gear. whether fixed or moveable.

including the anchoring and fixing appli ances. of every lifting machine

shall be of good construct ion. sound materia l, adequate strength and

free from pa tent defect, and shall be properly maintained.

(2) All such pans and gear shall be thof"oughly examined by a

competent person at least once in every period of founcen months and a

register shall be kept containing the prescribed paniculars of every such

examination ; and where tbo.: exa mination shows that the lifting machine

cannot continue to be used with safety unless cenain repairs are carried

out immediately or within a specified lime. th e person makin g the repon

of the examination shall with in twenty-cighl days of the compl etion of

the examinatio n send a copy of the report 10 the Director.

(3) All rails on whi ch a travelling crane moves and every

track on whic h the t;arr iage of a transporter or runway moves shall be of

proper size and adequate strength and have an even running surfa<:e;

and any sut;h rai b or tnlck shall be properly laid . adequately supponed

o r suspended and prope rly maintained.

(4) There shall be plainl y marked o n every lifting machine ilS

safe worki ng load or loads. Uo::pl that in the case of a jib crane so

COns!T\Jcled tha t the safe working load may be varied by th e raising or

lowering of the jib. there shall be attached thereto either an automatic

indicator o f safe working loads or a table indicating the safe working

loads al co rresponding in cli nati ons of the jib o r corresponding radii of

the load.

(5) No lifting machine shall, ClIcept for the purpose of a test,

be loaded beyond the safe working load as marked or indicated under

paragraph (4) oflhis regulation.

(6) No lirling machine shall be taken in to use in any factory

for the fi rst time in that factory unless it has been tested and all such pa rts

and working gear of the ma chin e as are specified in paragraph (I) oflhis

regu latio n have bee n thoro ughly e xamined by a competenl perwn and a

certificate of the tesl and eJlaminalion specifying the safe working Joad

o r loads of the machi ne and signed by the person making the test and

exami nation has been obtained and is kep t available for inspection.

(7) If any person is employed or worki ng on or near the

wheel· track of an overhead trnve lli ng crane in any place where he would

be liable to be struck by the crane, effective measu res shall be laken by

warn ing the driver of the crane or otherwise to ensure Ihat the crane

does oot approach with in sevcn metres o f that place.

(8) If an y person is employed or working otherwise than

men ti oned in paragraph (7) of this regula tion bu t in a place above floor

level whe re he would be liable to be struck by an overhead Iravelling

crane, or by any load carried by such a crane , effecti~~ measures shall be

take n to warn him of the approach of the ttane. unless his work is so

connected wi th or dependenl on the mo\~ments of thettane as 10 make

a warn mg unnecessary.

(9) In this regul ation "Iifting machine" means a cmne , crab,

winch. leagle. pulley bloc k, gi n wheel , transporter or runway.

18. (I ) The provisions of th is regulat ion shall have effecl where Da~..,... ru-.

work in any factory has to be done inside any chamber, tank, va l, pit, .ndlackof

pipe or flue of similar confined space in which dangerous fumes are o.YIICn.

liable to be prese nt to such an extent as 10 involve risk of pe rsons being

overcome thereby.

(2) The confined space shall. unless the re is other adl'quate

mea ns o f egress. be provided with a manhole. which maybe rectangular.

o val or circular in shape, and shall not be less than 4S cm long, and40cm

wid e. or if circular oot less than 45 cm in diameter.

(3) Subject to paragraph (4) of Ihis regu lation, no person

shall be allowed toenteror remai n in the confined space for any purpose

unless he is wearing a suitable breath ing appa ratus and has bee n

a uthorised to en ter by a responsible person, and, where praclicable. he

is wearing a belt with a rope securely attached and a person keeping

watch outside and capable of pulling him out is holding the free end of

the rope.

(4) Where the confined space has been certified by a respon-

sible person as being, for a specified period . safe for e ntry withou t

brea thing apparatus and the period SO specified has not expired, para-

graph (3) o f this regulation shall not apply. but no person shall be

allowed 10 enter or remain in the space unless he has bee n warn ed when

that pcricxl will expire .

(S ) A confined space shall not be ce rtified unde r paragraph

(4) o f thi s regUla tion unless:-

(a) effecti ve steps have bee n take n to preve m any ingress o f

dangerous fumes ; and

(b) any sludge or deposit liable \0 give off dange rous fumes

has been removed and the space contai ns no othe r malerialliable \0

give off dangerous fumes: and

(c) the space has bee n adequate ly ventilated and tested for

dangero us fumes and has a suppl y of air adequa te fo r res piration.

(6) No pcl>On shall be allowed to e nte r or remain in any

confined space in which the proportion of oxygen in the air is liable to

ha ve been substantially reduced unlessei the r:-

he is wearing a sui table breathing apparatus; or

(a)

(b) the space has been and remai ns adequately ve ntil ated

and a responsible person has tested and ce rtified it as safe fo r e ntry

without breathing appara tus.

19. (\) Where, in con nection with any process giv ing rise to

du st, gas. vapour or substance . there may escape dust. gas o r vapour of

s uch character and to such an extent as to be liable to ex plode on

ignition. all practicable steps shall be taken to prevent each an explosion

by enclosure of the plant used in the prooess and by removal o r preven-

tion o f accum ulation of any dust, gas, vapour or substance that may

escape in s pi te o f the e nclosure. a nd by the excl usio n o r effective

enclos ure of possible sources of ignition.

(2) No pla nt , tank or vessel which contains or has oontained

any e xplosive or inflammable substa nces shall be subjected;-

(a)

to any we kl ing. brazing or soldering operations;

(b) to a ny cutting operation which involves the applicatio n of

heat; o r

(c) to any operation involving the applica tion of heat for the

purpose of taking apart or removing the plant . tank o r vesse l o r any

part of it.

until all practicable ste ps have been taken to remo ve the substance and

any fumes arisi ng rrom it, or to re nder them no n-explosive o r non-

infla mmable.

PART 11

HEALTI-I AND WELFARE

General Pro,-isioM

20. Every factory shall be kept at all times in a clean state and free O .. nlil'lesll_

from effluvia arising from any drain, sanitary convenience or nuisance,

and without prejudice to the gene rality of the foregoi ng provision-

(a) accumulation of din and refuse shall be removed daily by

a suitable method from the floors and benches of workrooms. and

from the staircases and passages

(b) the floor of every workroom and the lower pan of the

walls thereof up to a height of two metres shall be cleaned at least

once in every wee k by washing or, if it is effC(:tive and sui tabl e. by

swec ping, or other method;

(c) all inside walls and partitions and all ceilings or tops of

rooms. and all walls, sides and tops of passages and staircases shall

be washed. whitewashed or painted as directed by the Sanitary

Authority.

21. A facto ry shall I1Ot . while work is carried on , be so o\'er- o.en:rowdi",.

crowded as in the opinion of the Sanilary Authority be liable to cause

risk of injury to the heahh of the persons em plo)'w therein.

22. (I) It shall be the duty of the employer to maintain in every Tempo..,"""'.

room in which people are employed (other Ihan for short periods) a

temperalure which is reasonably practicable and comfortable. having

regard to the type of work being perfonned.

(2) No perso n shall be employed for rcgular and prolonged

work in a thennal environment which is in the opinion of the Sanitary

Authority unsuitable for the type of work or which may cause injury 10

heal th.

(3) No person may be employed for regular and prolonged

work in the immediate neighbourhood of equipment or mate rial which

radiates intense hea t or which causes in teTlllt cooling of the working

envi ronment of an employee at the lime. in either case as is considered

by the Sanitary Authority to be hannful to health, unless suilable and

effective meas ures are taken to remove any risk or unless suitable and

effective protective equipment or clothing is provided ,

(4) Wh ereve r necessary, or as directed by the Sanitary

Authority, fh:ed or movable screens, deflectors or olher suitable devices

in order to protect th e worke r against cold or heat. shall be provided and

maimained by the em ployer .

(5) It shall not be lawful for any pe rson to use any method. of

heating o r cooling wh ich is likely to be hannful to hum an health or whLch

may liberate obnoxious or toxic fumes.

23. Effecti ve and suitable provision shall be made to the satisfac- Veqtilat;"".

tion of the Sanitary Authority for securing 3nd maintaining by the

circulation o f fresh air or artificially pumped air in each workroom the

adequate ventilation of the room, and for rendering harmlcs,o;, so far as

reasonably practicable, all fumes, dll!it aDd other impurities that may be

injurious to health generated in the course of any process of work

carried on in the factory .

Provided that where: a workroom is wholly o r substantivdy

mechanically ventilated, suitable means of emergency ventilation shall

be provided for use in case of failure in the priocipal system.

2.4. (I) Effective provisioDli shall be made for se<:uring and

maintaining to the satisfaction of the Sanitary Authority, sufficien t and

suitable lighting in every part of a factory in which per~m5 arc: working

o r passing.

(2) All glazed windows and skylights used for tilt: lighting of

work rooms shall, so far as practicable, be kept clean on both the inner

and ou ter surfaces

Provided that this paragraph shall not effect the whitewashing

or shading o f windows and skylights for the purpose of mitigating heat or

gI>~.

(3) The Superintendent may rC<]uire that a work place be

provided with facilities for emergency lighting.

25. Wh ere any process is carried QUt which renders the floor liabl e

to be wct by any liquid. effective means shall be provided and main-

tained for draining off the liquid.

Ui. Sufficient and suitable sanitary conveniences for the persons

employed in a factory shall be provided. maintained and kepI clean. and

effective provision shall be made for lighting the conve niences and.

where persons of both sexes are or are intended 10 be employed (except

in the case of fac tories whe re the only persons employed are members of

the same family dwcl~ng there), such conveniences shall afford proper

separate accomodation for persons of eac h sex to the satisfaction of the

Sanitary Authority. These conveniences shall be kept at all times clean,

in good state of repair and provided with adC<]uate handwashing faci-

lities.

27. ( I ) Where any employed persons have in the course of their

employ men t, reasonable opportunities for sitting without detriment to

the ir work, there shall be provided and maintained for their use suitable

facilities for sitting. su ffICient for enabling them to take advantage of

these opportunities.

(2) Wbere a substantial proportion of any work can properly

be done sitting -

(a) there shall be provided and maintained for any e mployed

person doing that work a seat of a design, construction and dimen-

sio ns suitable for him and suitably positioned for his work so as to

faci litate good workingposlUre and. where indicated, a foot-rest on

which he can readily and com fortably suppon his feet if he cannot

do so witbout a foot-rest

(b) the arrangements shall be such that the seat be ade-

quately and properly ilUppor tcd while in use fo r the purpose fo r

whi ch it is provided ; and

(c) for the purpose of this regula tion. the te nn "suitable"

shall be defined according to circumstances by the Directo r a nd by

the Sanitary Authority.

(3) For the purpose of pa11lgraph (2 ) of thi s regulation the

dime nsions of a seat which is adjustable shall be taken to be its dimen-

sio ns as for the time being adjusted .

(4) I1 shall be the duly of the employer to e nsure appropriate

irr; trU(:t ion of the employee as to the proper and adeq uate use of

adjustable seats.

28. The re shall be provlded and maintained at suitable points Drink ...

conve niently accessible to all persons em ployed an adequate s upply of wa\ef .

wholesome drinking water.

29. (I) There shall be provided and maintained for the use of W .. hi",

employed persons adequa te and suitable facilities for washing. and the faci6lieo.

facilities shall be conveniently accessible.

For the purpose of this regulation. washing faci lities include

clean waler al suitably cont rolled tempe11ltures, soap o r similar

ma terial. handbrushes. and to we ls or drying facili ties.

(2) Sepa11lte washing facilities shaU be provided for both

se:o.:e5 and whe n in the opi nion ohhe Sanitary Authori ty the natu reofthe

work so requires. separate sho wers fo r both se:o.: cs with wat er at suitably

co nt rolled tempe11ltures shall also be made available by the employer.

Provided that th e Supe ri nte ndent may exempt an employer in

whole or in part from the requ irementoflhis regulatio n whe re by rca5(ln

of space, nature of work o r o ther just cause. compliance may not be

reaso nably practicable.

30. ( I) There shall be provided and maint ained at the place of AocomocIa .....

work suitable facilitie s for e mployees for changing. depositing and ofdolhint

drying of clothing which is nOI worn during working hours.

(2) Sepa11lle faci lities shall be provided fOf clothing of

employees e ngaged in opeI1l tions which may res ult in such clothing

being contaminated. heavily soiled. stained o r imp!"egnated.

(3) Wherever the numberofworkeT"!i and the nature of .. ·ork

so requi res. sep3rate changing rooms for bolh sues shall be provided to

th e satisfaction oflhe Sanitary Authority.

31. It shall be the duty of the employer to provide suitable and E.,; ••

sufficient ealing facilities for those employees who have to consume foc;U,;" .

mea ls o n the premises. The Sanitary Authority shall have the power to

delcnn inc wh ethe r eating facili ties are suitable and sufficient for the

type of establishment and the type of work being carried out there in.

PART III

H EA LTH , SAFETY AND WELFARE

32. No ~'ork shall be carried out in any underground room (not

being an underground room used only for the purpose afstorage) which

in the opinion of the Sanitary Authoriry i~ unsuitable for the purpose as

regards construction, height. light or ven tilation, or is ot herwise in-

sanitary, o r which has no adequate means of escape from such unde r-

ground rooms in case of fi re or othe r emergency.

JJ.

No internal combust ion engine shall be used unJcss-

(a) provision is made for conducting the exhaust gases from

the engine into the open air; and

(b) the engine (except when used for the purpose of being

tested) is so partitioned off from any workroom or part of a work-

room in which persons are employed other than persons attending

to lhe engine. so as 10 prevent any injurious fumes from the engine

entering the airof the room or pa rt of the room.

34. No person may, without the approval of the Superintendent.

e mploy o r suffe r to be employed any woman o r young person in. or

expose any woman o r young person to

(a) work at a fumatt where the reductton or treatment of

zinc o r lead ores is carried on;

(b) the manipulatton, treatment o r reduction of ashe$ con·

taining lead. or the melting of scrap lead or rinc;

(c) the manufacture of solder or a1\oys containing more than

ten per cent of lead ;

(d) mixing or pasting in connection with th e manufacture or

repair of electric accumulators;

(e) the cleaning of workrooms where any of the prOl:CMes

aforesaid are carried on : and

(f) any proo:ss involving occupational exposure to tonising

o r non-ionising radiation.

JS. (I) Where in any room anenic or any other poisonous sub-

stance is so used as to give rise to any dust or fume , a person shaH not be

pennitted to partake of food or drink in that room.

(2) Where in any room a process takes p lace wh ich iives rise

to silico us dust or asbestos dust, a person shall not be permittC(! to

remain in tha t room during the intervals allowed to him formealsorrest .

(3) Suitable provision shall be made for enabling the person

employed in any such room as is mentioned in paragraphs (1) and (2) of

this regu lation to take thei r meals elsewhere in the factory.

36. I n the case of any process which involves a risk of inj ury to the Protection

eyes from pan ides o r fragments thrown orrin the course of the process. ore ya.

suitable goggles or effeah'e scn:ensshall be provided 10 protect the eyes

of the pellOns e mployed in lhe pnxess.

31. A pellOn shall nOl be employe d to lift. carry or move any MOI.".UfIi",.

heavy load as to be likely to cause inj ury 10 him.

PART IV

PREVENTION AND CONTROL OF OCCUPATIONAL DISEASE

38. (1) No person may import or sell any ehemieal or materia! tmporlalion

wh ich is toxic, and no employer may use o r suffer to be used any such olto.

oheminl. or

chemical o r material in any work place under his ~harge. without in """uiab .

eithe r case the approval of theSuperintendcnl.

(2) In gmnting such approval as referred to in paragraph (I)

above. the Superintende nt may impose any condi~ions IL'l he may deem

fit in the interest of pub lie health.

39. (1) It shall be the duty of the employer in so far as is reason· SI<bo,j,,,,ion of

ably practicable o r possible. or when SO directed by the Sanitary Autho- hannf,,1

rilY , to substitute a hannful sub!itance, prooes.s or technique at a place of ... b.U .......

work by a less hannfu l sub!itance, process or technique .

(2) Without prejudice 10 the generality of paragraph ( I) of

this regulation, the following rules shall apply -

(a) sandstone grinding wheels shall be substituted by carbo-

rundum grinding wheels;

(b) benzene . unless authorised by the Superintendent, shall

be sub!itituted by a less toxiesolven l ;

(c) painlS, varnishes, maslics, glues. adhesives and inu shall

not contain benzene;

(d) whi te lead and sulphate of lead and prod ucts containing

these pigments o r othe r lead compounds shall not be used in the

internal paintings of buildings or of ankles in buildings, if the dry

film o rthe resu lting paint ... ill contain more than 2SOO pans pe r one

million parts of melallic lead

(e) wh ite or yellow phosphorus shall not be used in tbe

manufacture of matches

(f) sand in sand-blasting shall be sub!itiluted by steel·shol or

grit;

(g) polychlorinated biphenyls shaH not be used or added to

any oil. nuid o r material ,

40. ( I) It shall be the duty of the emplo)'er to make arrange-Ta"","''''

ments when so considered necessary by the Sanitary Authority and to ;n~ ....,.t;"1

the satisfaction of Ihe said Autho rity , so that thc atmosphere of work .... "'"'''''''''''',.

rooms in whi ch pote ntially dangerous or obnoxious substances are

ma nfactured, ha nd led or used , is tested periodically.

(2) Such tests are to be carried out at sufficien tly frequent

intervals 10 ensure Ihal IOxic or irritating duSts, fumes , gases, fibres.

miSlSorvapoursare not present inquantilies which, in the opinion of the

Sanitary Authorily, are liable to injure health, and 10 ensure that an

atmosphe re which is fit for respiration is mai ntained.

(3) Work in, or entry into any place where there is reason 10

suspect that the atmosphere is toxic, poisonous. asphyxiating or other-

wise dange rous to health , shaD nol be carried OUt until the atmosphere: is

suitably tested and found free from any danger to health.

(4) The employer shall likewise ensu re periodical testing of

the working environment where a potential hazard uists for heat, noise

and other physical agents.

(5) AlIleslS referred 10 in Ih is regula tion shall be cond ucted

by trained personnel and, where possible, supervised by qualified per·

sonnel who possess experience in occupational health or hygiene.

41 . (1) It shall be the dmyof Ihe employer 10 ensure that provi·

sions are made for tbe slonge under safe conditions of subslances

dangerous 10 health.

(2) Without prejudice to the generality of this regulation

such provisions should include the use of receptacles adequate 10 the

s torage of lhe dangerous substance, the safe slorage ofrecepl8c1es, their

proper labell ing with a danger symbol. their proper handlin g and where

necessary an indication of the nature of the risk. the name of the

subsfance or an indication to identify it and , as far as practicable. the

esse nt ial instructions giving details of the first aid that should be

administered if the substance should cause bodily harm o r in jury.

(3) Where any risk from gases exislS, cylinders amlaining

such gases should be stored in well ventilated places as far as possible

from the place of work.

42. It shall be the duty of the e mployer to inform fonhwith the

Supe rintendent of the occurrence in any o f his employees of any occu-

pational d isease or incidence as are required to be notified by a medical

practitioner under section 6 of the Medical and Kindred Professions

O rdinance.

43. (I) It shall be the dUly of the employer 10 make adequate

arransemenlS to the satisfaction of the Superin teodent , for the medical

exmmnation of the following persons before commencing employment

with him and periodically thereafter

(a) per~msunde r I8yeal'Sof age

(b) persons engaged in occupations listed in the Schedule to

these regulat ions.

(2) It shall be the duty of tile uamining medical practitione r

to issue a separate ceniflcate of fi tl'lC!>S to the employe r in respect of

every em ployee he has e xamined. A copy of such ce n irlCBte may also.

when so requested. be given to the em ployee.

(3) It shall be the duty o f !he employer 10 keep a register at

the factory in which shall be entered the result of the medical uamina-

lion, any condition or recommendation made by the medical practi-

tione r and the date when the next medical examination in respect of an

em ployee is due.

(4) The parent or guardian o f any employee who is a young

person shall have tbe right to be present during weh medical examina-

tion. Should any such employee be found unfit , such parent or guardian

may require the examining medical practi tioner to slate in writing the

reason for such decision.

(5) In the case of medical uaminations in respect ofpcrsons

engaged in oocupa tions listed in the So::hedule to these regulations, tbe

med ical practitioner may SU$pend an employee from work for such time

as may be necessary. and he shall enter such decision in the register

referred to in paragraph (3) o f this regulation and shall forthwith inform

the Superintendent of this decision.

(6) The provisions of paragraph (5) o f this regulation may

also be exercised by the Superintende nt .

(7) The provisions of this regulation shall also apply muulfis

mutandis in respect of any employee whose health is, in the opinion of

the Sani tary Authority , suffering as a resull of his work , or who hy

reason of infection o r otherwise, may be a risk toothers.

(8) It shall be the du ly of the e mployer to [nfonn theSuperin-

tendenl of the name of the medical practitioner who has carried out the

medical exam ination for the purpose of this regu lation.

(9) The register of medical examin ations shall be open for

inspection by a medical office r au thorised by the Superintende nt IlIld it

shall nOI be destroyed or otherwise disposed of without the approval o f

the Superintendent.

(10) No e mployee may refuse to attend for any medical

examination required under this regulation.

(1 1) No employee shall be liable to any expenses incurred by

the em ployer as a result of these examinations, nor shall he suffer any

deduction in wages or any loss o f benefit in respect of time lost for

attendance for such examinatio ns or for any investigations in connection

therewith.

(12) Nothing in this regulation shall debar tbe Superin ten-

dent from ordering the employer to make arrangements for the medical

examination of any of his employees at any time.

44. ( I) No person may discharge or dispose o f allY industrial Oispoooot of

ir><hl."i,,1

waste othe r than as directed by the Sanitary Autllority.

_&110 .

(2) The Superin tende nt may impose any condition he may

deem fit regarding discharge or disposal of such waste and in panicu lar.

b ut without prejudice to the generality of this provision, may -

(a) establish the maximum concentration of any chemical

which may be prcscnt in such waste prior to discharge or disposal.

as well as the maximum amount of such waste which may be

discharged or disposed of at anyone time ;

(b) specify the method and the degree of treatment which

may be necessary before discharge or disposal;

(c) require a certificate acceptable to the said Superinten-

dent slating that such waste has been treated to the required degree

and by the required method;

(d) direct the place and method o f disposal or discharge and

the persons who may carry out such discharge or disposal.

PART V

GENERAL DUTIES

45. (I) It shall be the duty of every employer to conduct his

undertaking in such a way as to ensure, 50 far as is reasonably practi-

cable, that persons who are not in his em ployment, but who may be

effected thereby. are nOI in any way exposed to risks to the ir health or

safety.

(2) It shall be the duty of every self-employed person to

conduct his undertaking in such a way as to ensure, so far as is reason-

ably practicable, that both he and other persons, not being his

employees, who may be affeaed by his undertaking are IIOt thereby

exposed to risks to their health or safety.

46. (1) 11 shall be the duty of any person who designs. manu-

...... uf""'u"' .. etc. factures , imports or supplies any article for use al work -

(a) to ensure, 50 far as is reasonably practicable, that the

article is 50 designed and construcled as to be safe and without risks

10 heallh when properly used; and

(b) to take such steps as are necessary 10 seeure that there

shall be available in connection wilh the use of the article at work

adequate information about the use for which it is designed and has

been teSled, and about any condition necessary [0 ensure that .

when put to that use, it will be safe and without risks 10 health .

(2) It shall be the duty of any person who manufactures.

imports o r supplies any substance for use at work -

(a) to ensure, so far as is reasonably practicable. that the

subs tance is safe and without risks to health when properly used ;

>od

(b) to take such steps as arc necessary to ensure that there

will be available in con nection with the use of the substanl% at

work . adequate information about the results of any relevant tests

which have been carried OUI on or in connection with the substance

and about any condition ncct5Sary 10 ensure Ihat it will be safe and

without risks to health when properly used.

(3) For the purposcsofthis regulation an article Of substance

shall not be regarded as property used if it is U5ed without regard to any

relevant infonnation or advice re lating to its use which has been made

available by 11 person bywOOm it was designed, manufac1ured, imported

or supplied.

47. No person shall intentionally or recklessly interfere with or Duty_ 1O

misuse anything provided in tbe inte rests of health, safety and welfare in ~lI<rier.

pursuance of any provisions of these regula tions.

48. No employer shall levy or pcnnil lo be levied on any employee Tbinp not

of his any charge in respect of anything done or provided in the interests dwJeablo,

o f health, safety or welfare in pursuance of any provisions of these

regula tions.

49. (I ) Saving any other provisions of these regulations every o..tie.of

employer shall take all practicable steps to ensure, so far as is reasonably c::;ploye~ .o

practicable , the health, safelY and welfare at work of all his employees. I II"cmployu •.

(2) Every employe r shall take all practicable steps to ascer-

tain the hazards, if any, connected with a trade process or suDstan ce.

(3) Without prejudice to the generality of an employer's duty

under the preceding paragraphs of this regulation and to the other

provisions of these regulations the matters to which that du ty extends

indude in panicular

(a) the provision and maintenance of plant and system of

work that are, so far as is reasonably practicable, safe an d without

risks to health;

(b) to prevent the libera tion of harmful substances and to

shield workers from harmful physical agents including noise, vibra-

tion and heat and from biological agents;

(c) to carry out hazardous processes in separate rooms or

buildings occupied by a minimum number of workers who must also

be protected against occupational exposure , or to carry OUI such

processes in an enclosed apparatus, 50 as to preve nt personal ton-

tact with hannful substances and the escape into the air of the

workroom of dusts, fumes, gases, fibres , mists or vapours, in quan -

tities liable to injure tleallh ;

(d) to remove , at or near their point of origin, by mechanical

exhaust ventilation systems or other suitable means, hannful dusts,

fum es, gases, fibres, mists or vapours, where exposure to them

cannot be prevented in accordance with the provisions of Ihese

regulations;

(e) whe re other measures to prolect the health of workers

against these agents are impracticable or are nOI sufficient 10 ensure

adequate protection or where so directed by the Sanitary Aulho-

rity, to provide the work ers with such protective clothing and

equipment and OIher means of personal protection as may be

necessary to shield them from the effects of hannful agentS, and to

instruct such workers in th e use the reo f; such clothing and equip-

ment sho uld be supplied. cleaned and maintained by the employe r;

where such protective clothing, or equi pment may be contaminated

by poisonous or dangerous substance it should. al all limes when

nOI req uired for use al won: o r for cleaning or mainten ance by the

employer, be kept in entirely separate acoomOOalion. where it will

not be liable to con taminate the o rdinary clothing of the wor ke r;

(f) ensu re, so far as is reasonably practicable, safety and

absence of risks to health in connection with the use, hand ling,

storage and tl'B.nsport of articles and su bstances;

(g) provide such infannation, instruction, training and

supervision as is necessary to ensure, so far as is reasonably practi·

cable, the health and safety al work orhis employees; and

(h) main tain any place of work under his con trol so as 10 be

kepI in a co ndi tion Ihal is safe and without risks 10 health , and

provide and maintain means of access to and exil from it tha t are

safe and without such risks.

It shall be the duly of the employe r to ensure that the

(4)

e mployee~ are infonned of the occupational health hazards of their

respective occupation~, of the necessity of the measures of protection

indicated, of their obligations to co-ope rate in and not to dislurb the

prope r functioning of such measures, and of their obligation 10 make

proper use oflhe appliances, clothi ng and equipment provided for their

proteclion.

so. (I) Every employee while at work shall -

(a) take all reasonable care for the heal th and safety of

himself and of olher persons who may be affected by his acts or

omissions at work; and

(b) in respect of any duty or requiremen t imposed on his

employe r o r on any other person by or unde r any provisions of

these regulations. co-operate with him so far as is necessary to

enable that du ty or requ ire men t to be performed or complied with ;

>od

(c) refrain from inten tionally or recklessly interfere with or

misuse anything provided in the interests of health. safety or "'iel-

fa re in pursuance of any provisions of these regulations.

(2) Every employee to whom protective clothing or equip-

ment is provided shall make propc r use of such clothing orequi pment at

his d isposal.

(3) No person shall tamper with any equ ipment or appliance

provided for the protection o f the employees as to rende r such equip-

ment o r appliance ineffective or unsuitable for the purpose it was

originally intended. or misuse anything provided as aforesaid. or do

anyth ing whatsoeve r that can endanger the health of his fellow

emp loyees.

PART VI

NOTTFICA nON OF ACCIDENTS

51. (I)

For the purposes of these regulations any accident ans. NotiIiaorioft

ing oul of or in connection with work which results cither-

oIoccide"b.

(a)

in the death of ora major injury 10 any perwn; or

in the case of an employee al work, in tha t employee

(b)

being incapacitated for work fo r mo re than three consecutive days ,

c!{cluding those days on which he is nOI ClL:pected to repon for work;

shall be a notifiable accident and as such shall be reported to the

Director.

(a) Where the notifiable accident results in the death or

(2)

a major injury 10 a person, the employer shall -

(i) noti fy forthwith the Oire<:lor or his representative

by the quickest practicable means; and

(il) within seven days from the date of the accident scnd

written notice of the accident to the Director ; and

(b) where the notifiable accident falls under sub-paragraph

(b) of paragraph (1) of this regulation, the emplo)'er shall inform

the D ireclor in wri ting o r by o the r suitable means, within seven

days from the date of the acciden t.

(3)

In this regulatio n "major injury" means -

(i)

fr.lcture of the skull , spine or pelvis;

(ii) fracture of any bone other than the wrist o r ankle;

(iii) amputation of a hand o r foot ;

the loss ofsight ofan eye; or

(iy)

(y) any other injury which results in the person injured

being detained in hospital for more than 24 hours o ther than

for observatio n.

PA RT V U

NOTICES AND REGISTE RS

52. (I) Subject to paragraph (2) of this regulation, every person Occupot;.,n

who begins to occupy or to use any premises as a factory shall, no t less ofloctof)'.

than (wo weeks before he does so. notify the Di recto r and Superin-

tendent in writing, of his intention stating the name of the occupie r, the

postal address of the factory. the nature of work to be perfonned and

such other particulars as may be prescribed.

(2) A person may begin to occupy a factory leM than two

weeks before no tifying the Director and Superintendent, as provided in

the foregoing paragraph, if the Director gives permission or if the

occupier takes over from another person without changing the nature of

the work, provided the Du-eclOT and Superintende nt are notified as soon

as practicable and in any case not later than two wc:eksoftaking over.

Provided tha t no person may carT)' OU1 any structural alteration

to a faclory, or change o r add 10 any process in a fadory without the

approval of the Direc:tOl'" and SuperintendeD!.

53. (1) Sub}cct 10 paragraph (2) of this regulation, the re shall be

kept posted up at the principal entrances of a factory at which employed

persons enter -

(a) a legible and easily readable copy of these regulations;

.od

(b) every IlOtice and document required by Ihese regulations

10 be posted up in Ihe faclory.

(2) An inspector may direct tha t all or any of the documenls

and notices mentioned in paragraph (l)oflbis regulation shall be pn'Iled

up in such parts of the factory, either in addilion 10 or in substitution for

the principal entrances.

(3) AIJ such documents and IlQtices shall be posted upin such

position as to be conveniently read by the persons employed in the

factory.

(4) U 11 person pulls down, ~ean . tears or defaces any

cllttr3c1, notice, regulat ion or other document posted up in pursuance of

these regulations, he shall be guilty of an offence.

54. In addition to the register required to be kept under regula-

tion 43, there shall be kept in every factory or in such place outside the

factory as may be approved by the Director and Superintendent a

register, called the general register , and the re shaD be entered in or

attached to that register -

(a) the prescribed particulars as to eve ry case of industrial

accident and industrial disease occurring at the factory of whieh

notice is required to be sent to the Director and the Superintendent ;

,"d

(b) all reports and particulars requested by any other pro-

vision of these regulations; and

(c) such matters as may be prescribed.

55. The general register and every other register or record kept in

pursuance of these regulations, other than the register required under

regulation 43, shall be preserved aod shall be kept available for inspec-

tion by any inspector for two years after tbe date of the last entry in the

register or record.

PART VIII

ENFORCEMENT

56. (I) Every employer shall give to Inspectors and to the Sani-

tary Authority all reasonable facilities and all such infonnation as may

be re asonably required by them for the purpose of ascertaining whether

the provisions of the Ordinance and other regulations falling under the

Ordinance are being complied with .

(2) For the purpose of carrying into effeet any of these

regulations an Inspector o r Sanitary Authority may exe rcise the powers

se t o ut below -

(a) e nter at any reasonable time any premises which he has

reason to believe it is necessary for him 10 enter or enter such

premises at any time when in his opinion a sit uation is o r may be

dangerous;

(b) take with him a police officer if he has reasonable cause 10

apprehend any serious obstruction in the execution of his duty;

(c) take with him any equipmen t or ma terials requ ired for

any purpose for which the power of e ntry is being exercised;

(d) make sUf;h examination and investigation as may in any

circumstances be necessary for that purpose ;

(e) direct that any premises which he has power to enter or

any part oflhem o r anything therein. shall be left undisturbed for so

long as is reasonably ne<:essary fo r the purpose of any examination

or investigation under sub-paragraph (d) above;

(f) take such measurem e nts and pho tographs and make- such

recordings as he considers necessary for the purpose of any exami-

na tion or investigation unde r sub-paragraph (d) above;

(g) take samples of any article o r substance found in any

premises which he has poy"er toenter, and in the atmosphere in or

in the vicinity of any such premises, a nd take possession of any such

article or substance for so lo ng as is n«essary for all or any of the

following purposes -

(i) to examine them and do to them anything whif;h he

has power to do under sub-paragraph (d) above;

(ii) to ensure that they are not tampered with before his

examination thereof is comple ted;

(iii) 10 ensure that they are available for usc as evide nce

in any proceedings fo r an offence unde r any of the relevant

legislative provisions;

(h) require any penon whom he has reasonable cause to

believe 10 be able to give any information re levant to any examina-

tion or investigation unde r sub-panllgraph (d) above:, to answe r (in

the absence of pers0n5 o ther than a person nominated by him and

any persons WhOO1 the inspector may allow to be present) sUf;h

questions as the inspector th inks fi t to ask and to sign a d«lanlltion

of the truth of his answers;

(i) require the production of, inspect and take copies of any

enlry in-

(i) any books o r documents which by virtue of any pro-

visions of these regulations are required to be ke pt; and

(ii) any o the r books o r documents whif;h may be neces-

sary fo r him to see for the purpose of any examination o r

investi gation under sub- paragraph (d) above;

0) exercise any ot her power which is nec:essary for that

purpru;e.

(3) Any person who obstructs any inspector o r the Sanitary

Authority o r provides misleading information shall be guilty of an

offence.

Every Inspector shall be furnished by the Director wi]h a

57. ce rtifi!;:ate of appointmen t, and shall , if so required when exercising or

seeking 10 exercise any power conferred on him by any provisions of

these regulations, produce this certificate or 8 du ly authenticated copy

th ereof.

anr

58. If

person who, in pursuance of the powers conferred by

regularion 56 0 these regulations, is admitted into any fac:1ory. d isclo5cs

to any person any manufacturing process or trade \ieO'et. he shaD, unle:s5 the

disclosure was made in the perfonnance of his duty, be guilty of an

o ffence.

If the Superintendent is aware that any process in any

59. (I)

factory is carried OI.It in such manner as 10 be prejudicial 10 heal th of the

employees or of the community, he may order the employer to take aU

necessary action to remove such risk , and [flhe e mployer fails 10 comply

within the time stipulated in such order the said Superintende nt may

further direct that the premises be kept closed or that the proa:ss be

discontinued, or give other direction as to safeguard th e he alth of the

workers or the community.

Provided that the Superintendent shall seek the advice of the

Director before any directive is given by him or the Sani tary Authority

to any employer to close down premises, to discontinue any process

which may affect a substantial part of production at the factory , or may

en tai l the stoppage from work or substantial change in the normal duties

of employees at thc factory, or which may entail a heavy expense which

would raise substantially the prod uction costs or ope rating expenses of

the employe r's business.

(2) If the employer fails 10 comply with the order of the

Superintendent as provided for in paragraph (1) of this regu lation, he

shall be guilty of an offence.

60, (I) The Sanitary Authority shall enf!)rce the provisions of

the regulations relating to welfare and health and preven tion and con-

trol of occupat ional disease and any of the officers of the said au thority

may plead the case in Court

Provided that the Director shall be consul ted prior to enforce-

men[ of any decision affecting the employment of workers or their

conditions of employment.

(2) The Superintenden t in consultation with the Director

may in special cases dispense wi th any of the provisions of the regula-

lions relating to health, we lfare and prevention and con trol of occupa-

tional disease whe r. compliance is 001. by reason of space or olher just

cause, practicable.

PART IX

OFFENCES AN D PENALTI ES

61. In any p roceeding'> fo r an o ffence under these regulations On ... oIproof.

consisting of a failure to comply with a duty or requirement to do

something so far as is practicable or so far as is reasonabl y practicable, or

to use the best pr.acticable means to do something, it shall be for the

accused to prove (as the case may be) that it was not practicable or not

reasonably practicable to do more than was in fact done 10 satisfy the duty

or requirement , or that there was no bette r practicable means than was

in fact used to satisfy the duly or requirement .

62. ( I) In the event of a conm .... ention by any person of any of OftC"",,",

these regulations which expressly imposes any dUly upon him. that

peISOn shall be guilty of an offence and theowner or the per.iOn in whose

name the factory is carried on. as the case may be, shall not be: guiJly of an

offence unless it is pro\'cd that he failed to take all reasonable steps to

prevent the contra ven tion.

(2) Where an offence unde r these regulations is commined

by a body or other association of persons, every person wh o, at the time

of the com missio n of the offcnce, was a director , manage r. seCTetary or

other simil ar officer of such body or associat ion, or was purport ing tOatt

in any such capacity, shall be gu il ty of that offence unless he proves that

tbe offence was committed without his kn owledge and that he exercised

all d ue diligence to prevent the commission of the offence.

The Factories (Health, Safety and Gene ral Welfare) Regula- R~lioa of

63. tions, 1945, are hereby revoked.

G.N.4S8

of 1'M5.

Interpretation

PART I

SAFETY

(Regulations II and 43)

Dangerous Machlntry

(Training of Young PeI""'llOm)

FiTSt Parr

Machines worked wi th the aid of mechanical powe r

Brick and tile presses.

1.

2. Machines used for opening or teasi ng in upholstery or bedding works.

3. Ca rding machines in use in the woolleK lile trlldes.

4. Corner staying machines.

5. Dough brakes.

6. Dough mixers.

7. Warm pressure extruding machines.

8. Gill boxes in use in the wool textile trndes.

9. The following machines used in laundries

(a) Hydro extractors;

(b) Calenders;

(c) Washing machines;

(d) Gannent presses.

10. Meat mincing machines.

11. Milling machines in use in the metal trades.

12. Pie and tart making machines.

13. Power presses including hydraulic and pneumatic presses.

14. Loose knife punching machines.

I S. Wire stretching machines.

16. Semi-auto matic wood turning lathes.

Second Part

M achines whether worked with the aid of mechanical power or not

17. Guillotine machines.

18. Plate n printing machines.

'.fonrwl-

J"""bblilol mJ(·Toqoim. u".Tqluif - K.ot~;.

f'JJ>IiWd b~ IN

/)0.-....... _ K_p

w," - .

Mj.bup II-I .. ~ja 1aI-(;.c .. _ hiJuNl",_ Go •• , •

~

I'rnz 16c - 1'rl<t 16<

Prime movers

Transmission machinery

Other machinery

Construction and maintenance of fencing

Construction and sale of machinery

Dange rous substances

Cleaning of machinery by women and young persons

Self-acting machines

Training at dangerous machinery

Makni awlOmalia .

11 .

Taghlim fuq makki narju pcri kolut .

Roors, passages, stairs and ladders

Safe means o f aa:ess and safe place of em ployment

Teagle openings and similar doorways

Provisions as to unfenced machinery

Chains. ropes and lifting tackle

Cranes and other lifting machines

Dangerous fumes and lack of oxygen

Explosive or inflammable substances

PART 11

HEALTH AND WELFARE

G ...... _

20. Cleanliness

21. Overcrowding

22. Temperature

23. Ventilation

24. Lighting

Indafa.

2 1.

Iffulla r.

22 .

Te mperatu ra.

23 . Venlilazjoni.

24 . Dwal.

25 .

T nixxiftal. pavim e nt.

Drainage of floors

Sanitary conveniences

Sitting facilities

Drinking water

Washing facilities

Accomodation of clothing

Eating facilities

B

32U

PART III

HEA LTH , SAFETY AND WELFARE

Special Provisions

Underground rooms

Internal combustion engine

.

.

33.

Makni taz-iejt.

Meta n-nisa u i-tghatagl'l ma jistghux jigu mpjegati.

Prohibition of employment of women and young persons In ccrtam processes

Meals in dange rous trades

PrOlection of eyes

Manua l lifting

PART rv

PREVENTION AND CONTROL OF OCCUPATIONAL DISEASE

Importation of toxic chemicals or materials

Substitution of harmful substances

Testing of air in the working environment

41 .

Storage of chemicals

Notificatio n of occupational disease

Medical examination of employees

Disposal of industrial waste

PART V

GENERA L DUTIES

Duties of employers and self-employed to persons not the ir employees

Duties of manufacturers etc. as regards articlCli and substances for use at work

Duty not to interfere or misuse

Things not chargeable

Duties of employers to thei r employees

Dut ies of employees

PART VI

NOTIFICATION OF ACCID ENTS

Notification of accidenl~

B 32 1

PART VII

NOTI CES AND REGISTERS

Occupation of factory

Posting of regulations

General registers

Prcse rvation of registers and records

PART VIII

EN FORCEMENT

Powers of Inspectors and Sanitary Authority

Appointment of Inspectors

Pro hibi tion of diselosure of infonnation

Power of Superintendent of Public Heal th 10 close factory ctc.

59.

Setg!\a tas-Suprin tendent tas-Sahha Pubblika 1i jaghlaq fabbrika etc.

Enfo rcemen t by Sanitary Authority

PART IX

OFFENCES AND PENALTIES

Onus of proof

62. Offences

63. RepealsG.N. 458 of 1945