FACTORIES AND INDUSTRIAL UNDERTAKINGS (CARCINOGENIC SUBSTANCES) REGULATIONS

FACTORIES AND INDUSTRIAL UNDERTAKINGS (CARCINOGENIC SUBSTANCES) REGULATIONS

FACTORIES AND INDUSTRIAL UNDERTAKINGS
(CARCINOGENIC SUBSTANCES) REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation.................................. Page

PART I

PRELIMINARY

1. Citation............................... ... ... ... ... ... ... ... ... AA 2

2. Interpretation ...................... ... ... ... ... ... ... ... ... AA 2

PART II

PROHIBITED SUBSTANCES

3. Prohibition of employment in manufacture of certain substances and their

use .................................... ... ... ... ... ... ... ... AA 2
4......Exemptions ............................. ... ... ... ... ... ... ... AA
3

PART III

CONTROLLED SUBSTANCES

5...............Application of this Part ... ... ... ... ... ... ... ... ... ... ... AA 4

6.............Safety precautions ......... ... ... ... ... ... ... ... ... ... ... AA 4

7......................Appointment of medical practitioner ... ... ... ... ... ... ... ... AA 5

8...............Medical examinations ..... ... ... ... ... ... ... ... ... ... ... AA 5
9...............Health Registers ......... ... ... ... ... ... ... ... 1. 1 AA 6

PART IV

OFFENCES

10........Offences ....................... ... ... ... ... ... ... ... ... ... AA 6

Schedule. Health Register of persons employed in connexion with carcinogenic

substances............... .............. ... ... ... ... ... ... ... AA 6





FACTORIES AND INDUSTRIAL UNDERTAKINGS
(CARCINOGENIC SUBSTANCES) REGULATIONS

(Cap. 59, section 7)

[14 November 1986.1

PART 1

PRELIMINARY

1. These regulations may be cited as the Factories and

Industrial Undertakings (Carcinogenic Substances) Regulations.

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

'appointed medical practitioner' means a medical practitioner
appointed under regulation 7;

'controlled Substance' means any of the following chemical
compounds

(a) alpha-naphthylamine and its salts (other than alpha-
naphthylamine. containing, as a by-product of a chemical
reaction, more than one per cent of beta-naphthylamine);
(b) ortho-tolidine and its salts;

(c) dianisidine and its salts;

(d) dichlorobenzidine and its salts; (e)
auramine; and

(f) magenta;

'prohibited substance' means any of the following chemical
compounds

(a) beta-naphthylamine and its salts; (b)
benzidine and its salts;

(c) 4-aminodiphenyl and its salts; (d)
4-nitrodiphenyl and its salts,

and any substance containing all or any one or more of these
chemical compounds (other than as a by-product of a chemical
reaction and in a total concentration not exceeding one per cent).

PART 11

PROHIBITED SUBSTANCES

3. (1) No person shall be employed in any industrial under-

taking in connexion with the manufacture of any prohibited sub

stance or in connexion with any process in the course of which any

prohibited substance is formed.





(2) Subject to paragraph (3), no prohibited substance shall be
brought into or used in any industrial undertaking.

(3) Paragraph (2) shall not apply so as to prevent any prohibited
substance being brought into any dock, quay, wharf, warehouse or
airport for the sole purpose of exporting it.

4. (1) Notwithstanding regulation 3, the Commissioner for Labour
may, in such cases as he shall think fit and subject to such conditions
as he may specify therein, by certificate in writing exempt any industrial
undertaking or any part of any industrial undertaking, from the
provisions of regulation 3, if he is satisfied that

(a)in a case where it is proposed to manufacture or use any
prohibited substance

(i) the proposed manufacture or use will be only for the
purpose of or in the course of medical or scientific research,
investigation or testing; and

(ii) the proposed manufacture or use has been certified in
writing by the director or other person in charge of the
laboratory or other place where the research, investigation or
testing is to be carried on, to be necessary for such purpose
or in such course;

(b)in a case where in the course of any process of manufacture
(other than the manufacture of any prohibited substance) any
prohibited substance is formed at any stage of the process,
the process will be carried out in a totally enclosed system in
such a manner

(i) that no prohibited substance is removed from the system
except for the purposes of, and in no greater quantity and no
more frequently than is necessary for, control of the process
and such analysis as is necessary to secure that the product
will be free from prohibited substances; and

(ii) that no prohibited substance escapes from the system;

(c)in a case where it is proposed to manufacture benzidine
monohydrochloride, benzidine dihydrochloride or a mixture
containing either or both of those substances or to use those
substances or either of them in any process of manufacture,
the manufacture or use will be carried out in a totally enclosed
system in such a manner

(i) that no prohibited substance is allowed to escape from
the system;

(ii) that no prohibited substance (other than benzidine
hydrochloride) is removed therefrom except for the purposes
of, and in no greater quantity and no more frequently than is
necessary for, control of the process and such analysis as is
necessary to secure that the product will be free from
prohibited substances; and





(iii) that adequate steps will be taken to ensure that the
benzidine hydrochlorides are, at all times, except while they
are in the totally enclosed system, kept wet so that the
proportion by weight of water to benzidine hydrochlorides is
not less than one part of water to two parts of benzidine
hydrochlorides,

and if he is further satisfied in each of the cases mentioned in sub-
paragraphs (a), (b) and (e) that the requirements of regulations 6 to 9
will be complied with in the case of any manufacture or use (as the case
may be) referred to in those sub-paragraphs as if it were a case to which
regulations 6 to 9 apply and as if the references therein to controlled
substances included references to prohibited substances.

(2) The Commissioner for Labour may, by notice in writing served
on the proprietor of the industrial undertaking concerned, revoke any
exemption granted under paragraph (1).

PART III

CONTROLLED SUBSTANCES

5. Subject to regulation 4, this Part applies only with respect to
industrial undertakings in which any person is employed

(a)in connexion with the manufacture of any controlled
substance or in connexion with any process in the course of
which any controlled substance is formed;

(b)in connexion with any process in the course of which any
controlled substance (other than auramine or magenta) is used
or handled;

(c)in the storage or movement within the industrial undertaking
of any controlled substance in connexion with any
manufacture or process referred to in paragraph (a) or (b); or

(d)in the maintenance or cleaning of plant or the cleaning of
containers, stores or workrooms in connexion with any
manufacture or process referred to in paragraph (a) or (b).

6. The proprietor of every industrial undertaking shall-

(a)take all practicable steps to prevent persons employed therein
in any manufacture, process or work referred to in regulation 5
being exposed to the risk of inhaling, ingesting or otherwise
absorbing any controlled substance;

(b)warn every person employed therein by posting notices (in
the English and Chinese languages, in a form approved by the
Commissioner) in conspicuous places where any controlled
substance is present and where any such manufac





ture, process or work referred to in regulation 5 is being
carried out, of the dangers to health involved in such
employment and of the need for regular medical examinations
and attention to safe working practices; and

(c)ensure that all controlled substances within the industrial
undertaking (except when in the course of manufacture,
formation or use) are kept in suitable closed receptacles
legibly marked with the name of the substance it contains and
also with the words 'CARCINOGENIC SUBSTANCW and the
characters

7. (1) The proprietor of every industrial undertaking shall appoint a
medical practitioner who is conversant with the provisions of these
regulations and the health hazards associated with prohibited and
controlled substances, to carry out medical examinations of persons
employed therein, as required by regulation 8.

(2) A proprietor who has appointed a medical practitioner under
paragraph (1) shall notify the Commissioner, in writing, within 14 days
after such appointment, of the name and address of the appointed
medical practitioner.

8. (1) Every person who is or has been employed in any industrial
undertaking in any manufacture, process or work referred to in
regulation 5 shall be medically examined by the appointed medical
practitioner within one month of being first so employed and be so
examined again at intervals of not more than 6 months so long as his
employment in the industrial undertaking continues:

Provided that in the case of a person so employed at the date of
the coming into operation of these regulations, his first medical
examination under this regulation shall be within one month of that date.

(2) Every medical examination under paragraph (1) shall include
exfoliative cytology of the urine by a laboratory of the
Institute of Pathology of the Medical and Health Department.

(3) Every person who is or has been employed in an industrial
undertaking in any manufacture, process or work referred to in
regulation 5 shall submit himself for medical examination by the
appointed medical practitioner as required under this regulation and
provide samples of urine as necessary so that the requirements of
paragraph (2) may be complied with.

(4) For the purpose of this regulation the expression 'first so
employed' includes re-employment in any industrial undertaking to
which this Part applies following a cessation of such employment for
any period exceeding 6 months.

(5) The cost of medical examinations required by this regulation
shall be borne by the proprietor of the industrial undertaking concerned.





9. (1) The proprietor of every industrial undertaking shall maintain
a Health Register in respect of each person medically examined for the
purpose of these regulations, in the form set out in the Schedule.

(2) The Health Register referred to in paragraph (1) shall be
forwarded to the Commissioner on the cessation of the employment in
the industrial undertaking of the person to whom it relates, by the
proprietor of the industrial undertaking concerned.

(3) The register referred to in paragraph (1) shall be open to
inspection at all reasonable times by an inspector.

PART IV

OFFENCES

10. (1) Where in any industrial undertaking regulation 3(1), 3(2) or
8(1) is contravened the proprietor of the industrial undertaking shall be
guilty of an offence and liable to a fine of $30,000.

(2) The proprietor of an industrial undertaking who fails to comply
with any condition specified in a certificate of exemption granted under
regulation 4 commits an offence and is liable to a fine of $30,000.

(3) Any proprietor of an industrial undertaking who fails to comply
with the provisions of regulation 6(a) commits an offence and is liable to
a fine of $30,000.

(4) Any proprietor of an industrial undertaking who fails to comply
with the provisions of regulation 6(c), 7(1) or 9(1) or (2) commits an
offence and is liable to a fine of $20,000.

(5) Any proprietor of an industrial undertaking who fails to comply
with the provisions of regulation 6(b) or 7(2) commits an offence and is
liable to a fine of $10,000.

(6) Where in any industrial undertaking the provisions of
regulation 9(3) are not complied with, the proprietor of the industrial
undertaking shall be guilty of an offence and is liable to a fine of
$20,000.

SCHEDULE [reg. 9(1).]



FACTORIES AND INDUSTRIAL UNDERTAKINGS (CARCINOGENIC
SUBSTANCES)
REGULATIONS



HEALTH REGISTER OF PERSONS EMPLOYED IN CONNEXION WITH
CARCINOGENIC SUBSTANCES






Part 1

(to be filled by proprietor in the course of employment of the person)

Name of industrial undertaking:

..........................................................................................................

Address:

.................................................................................................................
Telephone:

.................................................................................................................

PARTICULARS OF EMPLOYED PERSON-

Name: Sex:


Identity Card (or other
identification document)
No.:

Date of birth:

....................................................... ............................

Address:

.................................................................................................................

Telephone:

.................................................................................................................

REGISTER OF 6-MONTHLY MEDICAL EXAMINATION-


Date of Name of appointed
examination Date urine sample provided medical practitioner

........ ......................................................................... ...................................
........ ......................................................................... ...................................
........ ......................................................................... ...................................
........ ......................................................................... ...................................
.............................................
....................................................... ...................................

PERIODS OF EMPLOYMENT IN CONNEXION WITH SUBSTANCES
UNDER THE REGULATIONS-

Name of
Process Substance From TO

1 ................................. .............................. ..............................
..............................
2 ................................. .............................. ..............................
..............................
3 ................................. .............................. ..............................
..............................

4 . ................................................................. ..............................

Part 2

(to be filled and sent by proprietor on cessation of employment of the
person)





To: Commissioner for Labour, Labour Department, Hong Kong

Pursuant to regulation 9(2) of the Factories and Industrial Undertakings



(Carcinogenic Substances) Regulations, this register is forwarded herewith.

(Chop of industrial undertaking) Signature:

Name:

...............................................

Position:

...............................................

Date:

...............................................

Notes,

1.In accordance with regulation 8 every person who is or has been employed in
any manufacture, process or work referred to in regulation 5 is required to be
medically examined at intervals of not more than 6 months so long as his
employment in the industrial undertaking continues. The medical examination
includes exfoliative cytology of the urine.

2.Employed persons are required to submit themselves for medical examination
at the appointed time and to provide a urine sample.
L.N. 270/86. Citation. Interpretation. Prohibition of employment in manufacture of certain substances and their use. Exemptions. Application of this Part. Safety precautions. Appointment of medical practitioner. Medical examinations. Health Registers. Schedule. Offences.

L.N. 270/86. Citation. Interpretation. Prohibition of employment in manufacture of certain substances and their use. Exemptions. Application of this Part. Safety precautions. Appointment of medical practitioner. Medical examinations. Health Registers. Schedule. Offences.

https://oelawhk.lib.hku.hk/items/show/2352

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