FACTORIES AND INDUSTRIAL UNDERTAKINGS (ASBESTOS) SPECIAL REGULATIONS

FACTORIES AND INDUSTRIAL UNDERTAKINGS (ASBESTOS) SPECIAL REGULATIONS

FACTORIES AND INDUSTRIAL UNDERTAKINGS (ASBESTOS)
SPECIAL REGULATIONS

ARRANGEMENT OF REGULATION

Regulation...................................

PART 1

PRELIMINARY

1. Citation................................... ... ... . ... ... X 3

2. Interpretation ............................ ... ... ... ... ... ... ... X 3
3. Notification .............................. ... ... ... ... ... ... X 3

PART 11

EXHAUST VENTILATION AND PROTECTIVE EQUIPMENT

4. Exhaust ventilation ....................... ... ... ... ... ... ... ... X 3

5. Offences in respect of exhaust ventilation ... ... ... ... ... ... ... X 4

6. Defence to a charge under regulation 5 .... ... ... ... ... ... ... ... X 4

PART Ill

CLEANLINESS OF PLANT AND PREMISES

7. Duty to keep plant and premises clean ..... ... ... ... ... ... ... ... X 4

8. Method of cleaning ........................ ... ... ... ... ... ... ... X 5

9. Offence in respect of cleaning ............ ... ... ... ... ... ... ... X 5

10........................Defence to a charge under regulation 9(2) ... ... ... ... ... ... ... X 5

11. Maintenance and cleanliness of vacuum cleaning equipment ... ... ... ... X 5

PARTIV

RESPIRATORY PROTECTIVE EQUIPMENT AND
PROTECTIVE CLOTHING

12. Notification of approval of respiratory protective equipment ... ... ... ... X 5

13. Requirements relating to use of respiratory protective equipment ... ... ... X 6

14..........................Accommodation for protective clothing, etc. ... ... ... ... ... ... X 6

15...................................Offence in respect of the use of equipment or provision of facilities ... ... X 6

PART V

C

STORAGE AND DISTRIBUTION

16........Storage ............................ ... ... ... ... ... ... ... ... X 7
17........Distribution ....................... ... ... ... ... ... X 7

18...............Marking of receptacles ...... ... ... ... ... X 7

19. Offences in respect of storage, distribution and marking of receptacles ... ... X 7











Regulation PART VI Page

MISCELLANEOU
S

20. Employment of young persons ... ... ... ... ... ... ... ... ... ... X 7
21. Medical examinations ... ... ... ... ... ... ... ... ... ... ... ... X 7
22. Prohibition against spraying asbestos and the use of crocidolite and amosite ... X 8
23. Offences in respect of regulations 3, 11, 20, 21, 22 and 24 ... ... ... ... ... X 8
24. Transitional provisions ... ... ... ... ... ... ... ... ... ... ... ... X 8





FACTORIES AND INDUSTRIAL UNDERTAKINGS
(ASBESTOS) SPECIAL REGULATIONS

(Cap. 59, section 7(2) and (5))

[1 August 1986.]

PART I

PRELIMINARY

1. These regulations may be cited as the Factories and Industrial
Undertakings (Asbestos) Special Regulations.

2. (1) In these regulations, unless the context otherwise
requires-

'asbestos' means any of the minerals crocidolite, amosite chrysolite, fibrous
actinolite, fibrous anthophyllite fibrous termo- and any substance
containing such minerals;

'asbestos process' means any process involving asbestos or any article
composed wholly or partly of asbestos;

'maintained' means maintained in efficient working order and good repair;

'protective clothing' means clothing which when worn is impervious to
asbestos dust;

'respiratory protective equipment' means respiratory protective equipment
that complies with Part TV.

(2) References in these regulations to asbestos dust are references to dust
consisting of or containing asbestos to an extent likely to cause injury to the
health of any person employed in an industrial undertaking.

3. Before a proprietor of an industrial undertaking first begins after the
commencement of these regulations to use an asbestos process he shall give not
less than 28 days' written notice, or such shorter notice as the Commissioner
may agree to accept, of the date on which and of the address at which he will
begin to do so.

PART II

EXHAUST VENTILATION AND PROTECTIVE
EQUIPMENT

4. (1) A proprietor of an industrial undertaking shall not use any asbestos
process unless in connexion with the use of that process he provides, maintains
and uses equipment which produces an exhaust draught which prevents the
entry of asbestos dust into the air.





(2) The equipment mentioned in paragraph (1) shall, while
any work of maintenance or repair to any machinery, apparatus or
other plant or equipment used for the purpose of an asbestos process
is being carried on, be used to produce an exhaust draught which
prevents the entry of asbestos dust into the air.
(3) Nothing in this regulation shall relieve any person from
any obligation imposed upon him by the Air Pollution Control
Ordinance.

5. (1) A proprietor of an industrial undertaking who uses an
asbestos process and fails to comply with regulation 4(1) commits
an offence and is liable to a fine of $30,000.
(2) A proprietor of an industrial undertaking who uses an
asbestos process and fails to comply with regulation 4(2) commits
an offence and is liable to a fine of $30,000.

6. (1) It shall be a defence to a charge under regulation 5(1)
to prove that the asbestos process was used in such a manner as to be
as safe as it would have been if regulation 4(1) had been complied
with.
(2) It shall be a defence to a charge under regulation 5(1) or (2)
to prove that-
(a)it was impracticable to comply with regulation 4(1) or (2)
as the case may be;
(b)there had been provided and maintained for the use of each
person employed in connexion with the asbestos process
and in any place into which asbestos dust from that
asbestos process was liable to escape-
(i) respiratory protective equipment; and
(ii) protective clothing; and
(c)that equipment and clothing were used by the persons
referred to in sub-paragraph (b).

PART 111

CLEANLINESS OF PLANT AND PREMISES

7. A proprietor of an industrial undertaking who uses an
asbestos process shall ensure that all-
(a)machinery, apparatus, work benches and other plant and
equipment used in that asbestos process;
(b)external surfaces of any exhaust ventilation equipment
provided under regulation 4; and
(c)floors, inside walls, ceilings, ledges and other internal
surfaces of any part of a building in which that asbestos
process is used or into which asbestos dust from the use of
that asbestos process is liable to escape,
are kept in a clean state and free from asbestos waste and dust.





8. The cleaning required by regulation 7 shall be carried out

(a) by means of vacuum cleaning equipment; or

(b) by such other method,

so designed, constructed and used that asbestos dust neither escapes,
nor is discharged, into the air.

9. (1) A proprietor of an industrial undertaking who uses an
asbestos process and fails to comply with regulation 7 commits an
offence and is liable to a fine of $20,000.

(2) A proprietor of an industrial undertaking who uses an asbestos
process and carries out the cleaning required by regulation 7 otherwise
than in accordance with regulation 8 commits an offence and is liable to
a fine of $20,000.

10. It shall be a defence to a charge under regulation 9(2) to prove
that

(a)it was impracticable to use either of the methods of cleaning
mentioned in regulation 8; and

(b) during the cleaning required by regulation 7-

(i) respiratory protective equipment and protective clothing
had been provided for the use of, and were used by, every
person present and likely to be affected while such cleaning
was being carried out; and

(ii) any surface on which asbestos waste or dust was
deposited as a result of the carrying out of the cleaning, not
being a surface of the cleaning equipment used, was cleaned
forthwith.

11. A proprietor of an industrial undertaking who uses an asbestos
process shall ensure that any vacuum cleaning equipment used for the
cleaning required by regulation 7 is maintained and that all its external
surfaces are kept in a clean state and free from asbestos waste and dust.

PART IV

RESPIRATORY PROTECTIVE EQUIPMENt AND
PROTECTIVE CLOTHING

12. The Commissioner for Labour may for the purposes of these
regulations approve any type of respiratory protective equipment and
may notify his approval by notification published in the Gazette.





13. No proprietor of an industrial undertaking who uses an asbestos
process shall

(a)provide respiratory protective equipment for the use of any person
which has been used by another person, unless it has first been
thoroughly cleaned and disinfected; or

(b)employ any person to perform any work for which respiratory
protective equipment is required to be provided unless that person
has been fully instructed in the proper use of that equipment.

14. Where a proprietor of an industrial undertaking who uses an asbestos
process provides respiratory protective equipment or protective clothing as
required by these regulations he shall

(a)provide and maintain suitable accommodation, in a position
conveniently accessible to the place where the asbestos process is
used

(i) for the use of persons putting on or taking off that respiratory
protective equipment or protective clothing; and

(ii) for the storage of the equipment and clothing when it is not in
use;

(b)ensure that respiratory protective equipment and protective clothing
is put on or taken off only in the accommodation provided under
paragraph (a)(i);

(c)ensure that, except when it is necessary for it to be removed for
cleaning or replacement, respiratory protective equipment and
protective clothing provided by him is, when not being used, kept in
the accommodation provided under paragraph (a)(ii);

(d)ensure that protective clothing provided for the use of any person is
not used by any other person;

(e)provide and maintain suitable facilities for the cleaning of protective
clothing; and

ensure that all protective clothing provided under these regulations is
cleaned after each occasion when it is used, in facilities provided
under paragraph (e).

15. (1) A proprietor of an industrial undertaking who uses an asbestos
process and fails to comply with any of the provisions of regulation 13 or 14
commits an offence and is liable to a fine of $20,000.

(2) It shall be a defence to a charge under this regulation alleging a failure to
comply with paragraph (d) of regulation 14 to prove that it was impracticable
to comply with that paragraph.





PART V

STORAGE AND DISTRIBUTION

16. All loose asbestos shall, when not in use in an asbestos
process, be kept in a closed receptacle which prevents the escape of
asbestos dust therefrom.

17. No loose asbestos or asbestos waste shall be-

(a)received at or despatched from any place except in a
receptacle which is closed in a manner which prevents the
escape of asbestos dust therefrom;

(b)distributed within a place except in a receptacle of the type
referred to in paragraph (a) or in a system of conveyance
which is enclosed in a manner which prevents the escape of
asbestos dust therefrom.

18. A receptacle of the type referred to in regulation 17(a) which
contains loose asbestos or asbestos waste shall bear on its outside face
in a conspicuous place a clear and bold notice in the following form

'DANGER-ASBESTOS
DO NOT INHALE DUST'

19. A proprietor of the industrial undertaking who uses an asbestos
process and fails to comply with regulation 16, 17 or 18 commits an
offence and is liable to a fine of 530,000.

PART VI

MISCELLANEOUS

20. No proprietor of an industrial undertaking shall employ any
young person

(a) in an asbestos process;

(b)in carrying out any cleaning in connexion with an asbestos
process.

21. (1) No proprietor of an industrial undertaking shall employ any
person in an asbestos process unless that person, within the 4 months
immediately preceding the commencement of such employment, has
undergone a radiographic examination of his chest and is certified upon
examination by a registered medical practitioner to be fit to do such
work.





(2) A proprietor of an industrial undertaking shall ensure that at intervals
of not more than 12 months every person employed by him in an asbestos
process

(a) undergoes a radiographic examination of his chest; and

(b)is certified upon examination by a registered medical practitioner to
be fit to continue to do such work.

(3) All records of radiographic and medical examinations required by this
regulation shall be kept for 5 years by the proprietor of the industrial
undertaking and shall be made available for inspection by the Commissioner
when requested by him.

(4) Every person employed or to be employed in any asbestos process
used by the proprietor of an industrial undertaking shall, within a reasonable
time after being so requested by that proprietor, present himself to a registered
medical practitioner for the medical examination referred to in paragraph (1) or
(2).

(5) The cost of any radiographic and medical examination undergone by
any person under this regulation shall be borne by the proprietor of the
industrial undertaking.

22. No proprietor of an industrial undertaking shall-

(a)employ, permit or cause any person to spray any material containing
asbestos or asbestos dust; or

(b)use crocidolite, amosite or any substance containing either of those
minerals in any process.

23. (1) Any person who fails to comply with-

(a)regulation 3 or 24 commits an offence and is liable to a fine of
$10,000;

(b)regulation 11, 20 or 21(1), (2) or (3) commits an offence and is liable
to a fine of $20,000; or

(c)regulation 22 commits an offence and is liable to a fine of $30,000.

(2) It shall be a defence to a charge under this regulation
alleging the use in any process of crocidolite, amosite or any sub-
stance containing crocidolite or amosite in contravention of regula-
tion 22 to prove that the person charged did not know that crocidolite
or amosite 1 was present in the process in question and could not by
taking reasonable steps have discovered that it was present.



(3) It shall be a defence to a charge under this regulation alleging a failure to
comply with regulation 3, 11, 20, 21(1), (2) or (3) or 24 to prove that no
asbestos dust could be given off from or by the asbestos process used.

1 24. Within 14 days of the commencement of these regulations a proprietor of
an industrial undertaking who at such commencement is using an asbestos
process shall give written notice to the Commissioner that he is doing so and of
the address at which he is doing so.
L.N. 35/86. L.N. 160/86. Citation. Interpretation. Notification. Exhaust ventilation. (Cap. 311.) Offences in respect of exhaust ventilation. Defence to a charge under regulation 5. Duty to keep plant and premises clean. Method of cleaning. Offence in respect of cleaning. Defence to a charge under regulation 9(2). Maintenance and cleanliness of vacuum cleaning equipment. Notification of approval of respiratory protective equipment. Requirements relating to use of respiratory protective equipment. Accommodation for protective clothing, etc. Offence in respect of the use of equipment or provision of facilities. Storage. Distribution. Marking of receptacles. Offences in respect of storage, distribution and marking of receptacles. Employment of young persons. Medical examinations. Prohibition against spraying asbestos and the use of crocidolite and amosite. Offences in respect of regulations 3, 11, 20, 21, 22 and 24. Transitional provisions.

L.N. 35/86. L.N. 160/86. Citation. Interpretation. Notification. Exhaust ventilation. (Cap. 311.) Offences in respect of exhaust ventilation. Defence to a charge under regulation 5. Duty to keep plant and premises clean. Method of cleaning. Offence in respect of cleaning. Defence to a charge under regulation 9(2). Maintenance and cleanliness of vacuum cleaning equipment. Notification of approval of respiratory protective equipment. Requirements relating to use of respiratory protective equipment. Accommodation for protective clothing, etc. Offence in respect of the use of equipment or provision of facilities. Storage. Distribution. Marking of receptacles. Offences in respect of storage, distribution and marking of receptacles. Employment of young persons. Medical examinations. Prohibition against spraying asbestos and the use of crocidolite and amosite. Offences in respect of regulations 3, 11, 20, 21, 22 and 24. Transitional provisions.

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