R2.

Definitions

In these Regulations—
“air receiver” means—

(a) any vessel (other than a pipe or coil, or an accessory, fitting or part of a compressor) for containing compressed air and connected with an air compressing plant; or

(b) any fixed vessel for containing compressed air or com pressed exhaust gases and used for the purpose of starting an internal combustion engine; or

(c) any fixed or portable vessel (not being part of a spraying pistol) used for the purpose of spraying by means of compressed air, any paint, varnish, lacquer or similar material; or

(d) any vessel in which oil is stored and from which it is forced by compressed air;

“chain, rope and lifting tackle” means such gear used for the purpose of raising or lowering persons, goods or materials;

“competent person” means—

(a) in relation to the examination of any crane or steam boiler in a factory, a person qualified by training and practical experience to undertake examinations and tests of such crane or steam boiler and to report on the condition thereof but does not include the owner, manager or person having control of such factory or any person employed by such owner, manager or person having control of such factory other than as an independent contractor;

(b) in relation to the examination of any other machinery or gear in a factory, a person qualified by training and practical experience to undertake examinations and tests of such machinery or gear and to report on the condition thereof but does not include the owner of such factory;

“hoist or lift” means a lifting machine or appliance with a platform or cage, the direction of movement of which is restricted by a guide or guides;

“lifting machine” means a crane, crab, winch, teagle, pulley block, gin wheel, transporter or runway;

“lifting tackle” means chain slings, rope slings, rings, hooks, shackles and swivels;

“maximum permissible working pressure” means, in the case of a new steam boiler, that specified by the manufacturer of the boiler or by a boiler inspecting company or association, and in the case of an existing steam boiler, that specified in the report of the last examination under regulation 38;

“prime mover” means every engine, motor or other appliance which provides mechanical energy derived from steam, water, wind, electricity, the combustion of fuel or other source;

“steam boiler” means any closed vessel in which for any purpose steam is generated under pressure greater than atmospheric pressure and includes any economizer used to heat water being fed to any such vessel and any superheater used for heating steam;

“steam container” means any vessel (other than a steam pipe or coil) constructed with a permanent outlet into the atmosphere or into a space where the pressure does not exceed atmospheric pressure, and through which steam is passed at atmospheric pressure or at approximately that pressure for the purpose of heating, boiling, drying, evaporating or other similar purpose;

“steam receiver” means any vessel or apparatus (other than a steam boiler, steam container, a steam pipe or coil, or a part of a prime mover) used for containing steam under pressure greater than atmospheric pressure;

“transmission machinery” means every shaft, wheel, drum, pulley, system of fast and loose pulleys, coupling, clutch, driving belt or other device by which the motion of a prime mover is transmitted to or received by any machine or appliance;

“woman” means a female person above the age of fifteen years.

R3.

Fencing Machinery/Chemicals

— (l) Every dangerous part of any machinery shall be securely fenced unless it is in such a position or of such construction as to be as safe to every worker as it would be if securely fenced.
In particular and without prejudice to the generality of the foregoing provision, the following sub-paragraphs shall apply to every factory—

(a) every flywheel directly connected to any prime mover and every moving part of any prime mover except such prime movers as are mentioned in sub-paragraph (b) shall be securely fenced, whether the flywheel or prime mover is situated in an engine house or not;

(b) every part of electric generators, motors and rotary converters, and every flywheel directly connected thereto, shall be securely fenced, unless it is in such a position or of such construction as to be as safe to every worker as it would be if securely fenced;

(c) efficient devices or appliances shall be provided and maintained 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 or place;

(d) no driving belt when not in use shall be allowed to rest or ride upon a revolving shaft which forms part of the trans mission machinery;

(e) suitable striking gear or other efficient mechanical appliances shall be provided, maintained and used to move driving belts
to and from fast and loose pulleys;

(f) projecting set-screws, bolts or keys on any revolving shaft, spindle, wheel or pinion shall be securely fenced, cut off or
counter-sunk;

(g) all transmission machinery which runs at a height of less than 6+ feet from a floor or place to which persons have access shall be securely fenced;

(h) all vertical and inclined belts passing through floors or plat forms shall be fenced to a height of at least 6 1/2 feet;

(i) every part, under which persons walk or are likely to pass, of heavy overhead belts, ropes or chains, shall be securely
fenced;

(j) all materials or articles projecting from revolving machines or parts thereof shall be securely fenced;

(k) no traversing part of any self-acting machine or any material carried thereon or any material or article projecting from any reciprocating machine shall be allowed to traverse over any free space within a distance of 18 inches from any fixed or rigid structure or object not being part of the machine;

(1) all fencing or other safeguards provided in pursuance of these Regulations shall be of substantial construction, and constantly maintained and kept in position while the parts required to be fenced or safeguarded are in motion or use, except when any such parts are necessarily exposed for examination or for any lubrication or adjustment shown by such examination to be immediately necessary:
Provided that any such examination, lubrication or adjustment shall be carried out only by persons specially appointed by the manager, and such persons shall not be allowed to wear loose-fitting clothing or headgear.

(2) No person shall sell, let on hire, or as agent of the seller or hirer cause or procure to be sold or let on hire, for use in a factory in the Island any machine intended to be driven by mechanical power which does not comply with the requirement of sub-paragraphs (a), (b) and (f) of paragraph (1), or which is not provided with the appliances specified in sub-paragraph (e) of that paragraph.

(3) Where the Chief Factory Inspector is satisfied that there is available and suitable for use in connection with machinery of any class, any type or description of safety device which—

(a) prevents the exposure of a dangerous part of machinery whilst in motion; or

(b) stops a machine forthwith in case of danger, he may direct that the type or description of device shall be provided for use in connection with such class of machinery as he may specify in such directions, and such device shall be provided:
Provided that, in any proceedings in respect of a contravention of this paragraph it shall be a sufficient defence to prove that a device at least as equally effective was being used in connection with the machinery in respect of which the contravention occurred.

(4) Every fixed vessel, structure, sump or pit of which the edge is less than three feet six inches [ 3’-6” ] above the adjoining ground or platform shall, if it contains any scalding, corrosive or poisonous liquid, either be securely covered or be securely fenced to at least that height, or where by reason of the 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 falling into the vessel, structure, sump or pit.

(5) The Chief Factory Inspector may exempt from the requirements of paragraph (4) any class of vessel, structure, sump or pit in any case where he is satisfied that the requirements are unnecessary or inappropriate.

Operating Dangerous M/C

No person shall be allowed to operate any dangerous machine unless—

(a) he is competent to do so or is directly under the supervision of a person competent to operate such machine; and

(b) he has been fully instructed as to the dangers attendant upon the operation of such machine and the precautions to be
taken

Working in Confined Spaces

— (1) Where any work has to be done inside any chamber, tank or other confined space in which dangerous fumes or gases are liable to be present—

(a) the confined space shall be provided with adequate means of egress; and

(b) no person shall enter the confined space for any purpose unless the following requirements are complied with—

(i) all practicable steps shall be taken to remove any fumes or gases which may be present and, unless it has been ascertained by a suitable test that the space is free from dangerous fumes or gases, the person entering shall wear a belt to which there is securely attached a rope of which the free end is held by a person outside; or

(ii) the person entering shall wear a suitable breathing apparatus.

(2) No tank, pipe or vessel which contains or has contained any explosive or inflammable substance shall be subjected to any welding, brazing or soldering operation, or to any other operation which involves the application of heat, until such substance and any fumes or gases arising therefrom have been removed or rendered non-explosive or non-inflammable.

Steam Boiler-Attachments

— (1) Every steam boiler whether separate or one of a range, shall have attached to it—

(a) a suitable safety valve, which shall be so adjusted as to prevent the boiler being worked at a pressure greater than the maximum permissible working pressure;

(b) a suitable stop valve, connecting the boiler to the steam pipe;

(c) a correct steam pressure gauge calibrated in pounds per square inch which shall be easily visible to the boil and have marked upon the dial in distinctive colour the maximum permissible working pressure; and

(d) an adequately protected water gauge to show the water level in the boiler:

Provided that sub-paragraph (b) shall not apply with respect to economizers, and sub-paragraphs (c) and (d) shall not apply with respect to either economizers or superheaters.

(2) The dial of the steam pressure gauge shall be calibrated to not less than one and one-half times the maximum permissible working pressure.

(3) The steam pressure gauge shall be connected to the boiler by means of a syphon or equivalent device of sufficient capacity to keep the gauge tube filled with water and such syphon or other device shall be so arranged that the gauge cannot be shut off from the boiler except by a cock or valve placed near the gauge.

Steam Boiler-Being Inside

No person shall enter or be in any steam boiler which is one of a range of two or more steam boilers unless—

(a) all inlets through which steam or hot water might otherwise enter the boiler from any other part of the range are disconnected from that part; or

(b) all valves or taps controlling such entry are closed and securely locked, and, where the boiler has a blow-off pipe in common with one or more other boilers or delivering into a common blow-off vessel or sump, the blow-off valve or tap on each such boiler is so constructed that it can only be opened by a key which cannot be removed until the valve or tap is closed and is the only key in use for that set of blow-off valves or tap.

Steam Receiver – Integrity Fittings

Every steam receiver not so constructed as to withstand with safety the maximum permissible working pressure of the boiler or the maximum pressure which can be contained in the pipe connecting the receiver with any other source of supply, shall be fitted with—

(i) a suitable reducing valve or other suitable automatic appliance to prevent the safe working pressure from being exceeded;

(ii) a suitable safety valve;

(iii) a correct steam pressure gauge; and

(iv) a suitable stop valve.

Air Receiver - Fittings

Every air receiver shall—

(a) have marked upon it so as to be plainly visible the safe working pressure in pounds per square inch;

(b) in the case of a receiver connected with an air compressing plant either be so constructed as to withstand with safety the maximum pressure which can be obtained in the compression, or be fitted with a suitable reducing valve or other suitable appliance to prevent the safe working pressure of the receiver being exceeded;

(c) be fitted with a suitable safety valve so adjusted as to permit the air to escape as soon as the safe working pressure is exceeded;

(d) be fitted with a correct pressure gauge indicating the pressure in the receiver in pounds per square inch;

(e) be fitted with a suitable appliance for draining the receiver; and

(f) be provided with a suitable manhole, handhole, or other means which will allow the interior to be thoroughly cleaned.

Hoist/Lift – Integrity + Examination

Every hoist or lift shall be securely fenced and in particular—

(a) every hoist or lift shall be of good mechanical construction, sound material and adequate strength, and be properly maintained;

(b) every hoist or lift shall be examined by a competent person at least once in every period of six months and records of such examinations shall be kept available at the factory;

(c) every hoist-way or lift-way shall be effectively protected by a substantial enclosure fitted with gates, being such an enclosure as to prevent, when the gates are shut, any person from falling down the way or coming in contact with any moving part of the hoist or lift:

Provided that if it is shown to the satisfaction of the Chief Factory Inspector that it would be unreasonable in the special circumstances of the case to enforce any requirement of this regulation, he may direct that such requirement shall not apply.

People Hoist/Lift Construction

— (1) No hoist or lift shall be used for carrying persons unless it is provided with a cage, which is—

(a) so constructed as to prevent, when the cage gate or gates are shut, any person carried from falling out or from being trapped between any part of the cage and any fixed structure or other moving part of the hoist or lift or from being struck by articles or materials falling down the hoist-way; and

(b) fitted on each side from which access is provided to a landing place with a gate with efficient interlocking or other device to secure that the gate cannot be opened except when the cage is at a landing place, and that the cage cannot be moved away from any such place until the gate is closed.

(2) Every gate in the hoist-way or lift-way enclosure of a hoist or lift used for carrying persons shall be fitted with efficient interlocking or other devices to secure that the gate cannot be opened except when the cage is at the landing place, and that the cage cannot be moved away from the landing place until the gate is closed.

(3) In connection with every hoist or lift used for carrying persons there shall be provided suitable efficient automatic devices which will ensure that the cage comes to rest at a point above the lowest point to which the cage can travel.

Cleaning, Painting, etc.

— (1) Every factory shall be kept in a clean state, and free from effluvia arising from any drain or sanitary convenience, and without prejudice to the generality of the foregoing provision—

(a) suitable covered receptacles shall be provided in the factory for the disposal of dirt and refuse;

(b) accumulations of dirt and refuse shall be removed daily from the floors and benches of workrooms, and from the staircases
and passages;

(c) the floor of every workroom shall be cleaned at least once in every week by washing or if it is effective and suitable, by sweeping or other method;

(d) all inside walls and partitions, and all ceilings or tops of rooms, and all wails, sides and tops of passages and staircases
shall—

(i) where they have a smooth impervious surface, at least once in every period of twelve months be thoroughly cleansed;

(ii) where they are painted or varnished, be repainted or revarnished at least once in every period of seven years, and at least once in every period of twelve months be thoroughly cleansed;

(iii) in other cases be kept white washed or colour washed, and the white washing or colour washing shall be at least once in every period of twelve months:

Provided that where it appears to the Chief Factory Inspector that any of the requirements of sub-paragraphs (a) to (d) are by reason of special circumstances inappropriate in any factory he may, if he thinks fit—

(a) direct in writing that such of those requirements as he may specify shall not apply; and

(b) substitute therefor such other requirements as he may consider necessary.

(2) A record shall be kept of the dates of washing, white washing or colour washing, painting or varnishing of the factory.

Overcrowding in Factory

A factory shall not, while work is carried on, be so overcrowded as to cause risk or injury to the health of the persons employed therein and, without prejudice to the generality of the foregoing provisions—

(a) a factory shall be deemed to be overcrowded, as aforesaid, if the number of persons employed at a time in any workroom is such that the amount of allowed for every person employed in the room is less than 400 cubic feet;

(b) in calculating, for the purpose of this provision, the amount of cubic space in any room, no space more than 14 feet from the floor shall be taken into account and, w contains a gallery, the gallery shall be treated for the purposes of this provision as if it were partitioned off from the remainder of the room and formed a separate room.

Sanitary Conveniences

Sufficient and suitable sanitary conveniences for the persons employed in the factory shall be provided, maintained and kept clean and the following requirements shall have effect—

(a) in cases where females are employed there shall be at least one suitable sanitary convenience for every 25 females;

(b) in cases where males are employed there shall be at least one suitable sanitary convenience (not being a convenience
suitable merely as a urinal) for every 25 males;

(c) in the case of factories where the number of males employed exceed 100 and sufficient urinal accommodation is also pro vided, it shall be sufficient if there is one such convenience as aforesaid for every 25 males up to the first 100, and one for every 50 thereafter;

(d) in calculating the number of conveniences, any number of persons less than 25 or 50, as the case may be, shall be reckoned as 25 or 50;

(e) in cases where persons of both sexes are employed the sanitary conveniences for each sex shall be separate and suitably placed;

(f) every sanitary convenience shall be sufficiently ventilated and no sanitary convenience shall communicate—

(i) with any workroom; or

(ii) with any enclosed space which also communicates with any workroom, unless such space is adequately ventilated.

Lunch Room

There shall be provided and maintained for the use of employees suitable and adequate lunch-room, which shall be furnished with—

(a) sufficient tables and chairs or other suitable seating accommodation;

(b) adequate means, including hot water, for the washing of dishes.

The Chief Factory Inspector may, if he thinks fit, in any special circumstances, modify this requirement in respect of any factory.

First-Aid Requirements

— (l) In every factory the following requirements shall have effect—

(a) there shall be provided and maintained so as to be readily accessible an appropriate number of first-aid boxes or cup boards containing the equipment specified in the Second Schedule and nothing except appliances or requisites of first-aid shall be kept in such boxes or cupboards;

(b) every first-aid box or cupboard shall be placed under the charge of a responsible person who shall be available to render first-aid treatment whenever work is being carried on in the factory and where thirty or more persons are at work at any one time, the person in charge of the first-aid box shall be a person trained in first-aid treatment including competency to administer artificial respiration;

(c) in every factory in which electrical energy is generated or transformed at least one person who has been trained to administer artificial respiration shall be present in the factory when work is carried on;

(d) the appropriate number of first-aid boxes or cupboards for the purposes of this regulation shall be determined as follows—

(i) one box or cupboard if the number of employees does not exceed one hundred;

(ii) if the number of employees exceeds one hundred an additional box or cupboard shall be provided for each one hundred employees or any part of that number in excess of the first one hundred employees;

(iii) the largest number of persons employed at the factory at any one time shall be regarded as the number of persons employed at that factory.

(2) If a first-aid room is provided at the factory and such arrangements are made as to ensure the immediate treatment there of all injuries occurring in the factory, the Chief Factory Inspector may exempt the factory from the requirements of paragraph (1) to such extent and subject to such conditions as he may specify in writing.

Seating

— (1) Where any persons employed in a factory have in the course of their employment reasonable opportunities for sitting without detriment to their work, there shall be provided and maintained for their use suitable facilities for sitting sufficient to enable them to take advantage of those opportunities.

(2) Where a substantial proportion of any work can properly be done sitting—

(a) there shall be provided and maintained for any person employed in that work a seat of a design, construction and dimensions suitable for him and the work, together with a foot-rest on which he can readily and comfortably support his feet if he cannot do so without a foot-rest; and

(b) the arrangements shall be such that the seat is adequately and properly supported while in use for the purpose for which it is provided.

(3) For the purposes of this regulation, the dimensions of a seat which is adjustable shall be taken to be its dimensions as for the time being adjusted.

PPE

In the case of the following processes, suitable goggles or effective screens shall be provided to protect the eyes of the persons employed in the processes—

(a) dry grinding of metals or articles of metals;

(b) turning (external or internal) of non-ferrous metals, or of cast iron, or of articles of such metals or such iron, where the work is done dry, other than precision turning where the use of goggles or a screen would seriously interfere with the work, or turning by means of hand tools;

(c) welding or cutting of metals by means of an electrical oxy acetylene or similar process;

(d) the following processes when carried on by means of hand tools or other portable tools—

(i) fettling of metal castings involving the removal of metal;

(ii) cutting out or cutting off (not including drilling or punching back) of cold rivets or bolts;

(iii) chipping or scaling of boilers or ship plates;

(iv) breaking or dressing of stone, concrete or slag.

PPE/Wet areas/Cold Rm.

There shall be provided and maintained in good condition—

(a) suitable waterproof boots or dry platforms or mats for the use of all persons employed in processes which would other wise necessitate their working or standing on wet surfaces;

(b) suitable protective clothing including overalls, aprons, gloves, gauntlets, face shields and boots for the use of persons required to handle acids or other corrosive substances in the course of their work;

(c) suitable warm clothing, including head covering and footwear, for the use of persons employed in rooms having a temperature below 60 degrees Fahrenheit.

Occupational Diseases

Where it appears to the Chief Factory Inspector that in any factory—

(a) cases of illness have occurred which he has reason to believe may be due to the nature of a process or other conditions of work; or

(b) by reason of any process or in the substances used in any process, there may be risk of injury to the health of persons employed in that process,

he may notify the Chief Medical Officer who shall thereupon appoint a Medical Officer to investigate and report. The Medical Officer appointed under this regulation shall have the like powers as an Inspector under section 18 of the Act.

Duties Of Employees

No person employed in any factory shall—

(a) willfully interfere with or misuse any means, appliance or other thing provided in pursuance of these Regulations for securing the safety of the workers employed therein, and where any means or appliance for securing safety is provided for the use of any such person under these Regulations, he shall use the means or appliances;

(b) willfully and without reasonable cause do anything likely to endanger himself or others;

(c) willfully interfere with or misuse any means, appliance, convenience or other thing provided in pursuance of these Regulations for securing the health and welfare of the persons employed in the factory, and where any means or appliance is provided for the use of any such person, he shall use such means or appliance.

Registration / Re-registration Fees

— (1) The fees to be paid for the registration and renewal of registration of any factory shall be determined by the number of employees in that factory, in accordance with the scale set out in the Third Schedule.

(2) The fees to be paid for the registration or renewal of registration of a factory shall be paid—

(a) in full at the time of application, for registration or renewal of registration (as the case may be) of such factory; or

(b) in three equal annual payments, the first at the time of application for registration or renewal of registration (as the case may be) of such factory and the second and third before the end of the first and second periods of twelve months thereafter respectively:
Provided that if the second installment is not paid before the end of the first period of twelve months specified in this sub-paragraph the whole amount of the unpaid fee for the registration or renewal of registration of such factory shall thereupon become payable.

R81.

Registration/Re-registration Forms

The Forms of Certificate of Registration and Re-registration shall be as set out in the Fourth Schedule.