FACTORIES AND INDUSTRIAL UNDERTAKINGS (DANGEROUS SUBSTANCES) REGULATIONS

FACTORIES AND INDUSTRIAL UNDERTAKINGS (DANGEROUS SUBSTANCES) REGULATIONS

FACTORIES AND INDUSTRIAL UNDERTAKINGS
(DANGEROUS SUBSTANCES) REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation

PART 1

PRELIMINARY

1. Citation ............................AB 2
2. Interpretation ......................AB 2
3. Commissioner for Labour may amend Schedules AB 3
4. Application .........................AB 3

PART II

DUTIES OF
PROPRIETORS

5. Container holding listed substance to be labelled AB 4
6. Container holding dangerous mixture to be labelled AB 4
7. Exempt containers ...................AB 5
8. Required particulars ................AB 5
9. Form and size of labelling ..........AB 5
10. Form and place of notice ............AB 6
11. Safety information, training and precautions AB 6
12. Protective clothing and equipment ...AB 7

PART 111

DUTIES OF PERSONS
EMPLOYED

13. Safety precautions to be taken and use of protective clothing AB 7
14. Misuse of labels, notices, and protective clothing and equipment AB 8
is. Prohibition against eating, drinking and smoking AB 8

PART IV

OFFENCES AND
PENALTIES

16. Offences by proprietors .............AB 8
17. Offences by persons employed ........AB 8
18. Defences ............................AB 8
19. Saving ..............................AB 9

First Schedule...........................Listed substances AB 9

Second Schedule. Symbols and prescribed form of label AB 32

Third Schedule...........................List of particular risks AB 34
Fourth Schedule..........................List of safety precautions AB 37





FACTORIES AND INDUSTRIAL UNDERTAKINGS
(DANGEROUS SUBSTANCES) REGULATIONS

(Cap. 59, section 7)

[15 December 1988] L.N. 189188

L.N. 167/88
PART 1

PRELIMINARY

Citation

1. These regulations may be cited as the Factories and Industrial

Undertakings (Dangerous Substances) Regulations.

Interpretation

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

'container' means any receptacle, vessel, tank, package, bag, wrapping or other

thing, whether movable or not, capable of holding any substance;

'corrosive mixture' means a mixture that may on contact with living tissues

cause severe damage to them;

'dangerous mixture' means any mixture or preparation containing--

(a) more than 1 per cent by weight of any toxic substance or substances;

(b)more than 10 per cent by weight of any harmful substance or substances;
or

(c)such proportion of any other listed substance or substances as makes that
mixture a corrosive, explosive, flammable, irritant or oxidizing mixture;

'dangerous substance' means any substance that is a listed substance or a

dangerous mixture;

explosive mixture' means a mixture that may explode under the effect of flame

or that is more sensitive to shock and friction than dinitrobenzene;

'flammable mixture' means a mixture that

(a)may become hot and finally catch fire in contact with air at ambient
temperature without any application of energy;

(b)is a solid and may readily catch fire after brief contact with a source of
ignition and that continues to burn or be consumed after removal of the
source of ignition;

(c) is gaseous and flammable in air at normal pressure;





(d)in contact with water or damp air, evolves highly flammable gases in
dangerous quantities; or

(e) is a liquid having a flash point below 66 degrees Celsius;

'flash point means, in relation to any liquid, the lowest temperature, if any, at which
such liquid will give off vapour which will ignite or explode if mixed with air and
exposed to a naked light;

'harmful substance' means any listed substance that is classified in column 2 of the
First Schedule as harmful;

'irritant mixture' means a mixture that, through immediate, prolonged or repeated
contact with the skin or mucous membrane, can cause inflammation;

listed substance' means any substance (whether or not a substance that is a
preparation or other mixture) listed in column 1 of the First Schedule;

'oxidizing mixture' means a mixture that gives rise to highly exothermic reaction
when in contact with other substances, particularly flammable substances;

'preparation' means a substance that is a mixture prepared by its manufacturer of 2
or more other substances;

'specified industrial undertaking' means

(a) any factory, mine or quarry; and

(b) any premises or place in which-

(i) articles are manufactured, altered, cleansed, repaired, ornamented,
finished, adapted for sale, broken up or demolished;

(ii) materials are transformed, including transformation in the course of
shipbuilding;

(iii) electricity or motive power of any kind is generated, transformed or
transmitted; or

(iv) construction work is carried on;

'substance' means any natural or artificial substance whether in solid or liquid form
or in the form of a gas or vapour;

'toxic substance' means any listed substance that is classified in column 2 of the
First Schedule as toxic.

Commissioner for Labour may amend Schedules

3. The Commissioner for Labour may, by notice in the Gazette, amend any
Schedule.

Application

4. These regulations apply to any dangerous substance that is present in a
specified industrial undertaking for the purpose of, in connection with, or as a result
of, any industrial process or operation, but do not apply to a substance that is in the
process of undergoing chemical change or of being mixed or compounded with
another substance.





PART 11

DUTIES OF PROPRIETORS

Container holding listed substance to he labelled

5. (1) Subject to regulation 7, every container holding a listed substance to
which these regulations apply shall be labelled in accordance with regulation 9 with
the particulars prescribed by regulation 8 relating to that substance.

(2) Paragraph (1) does not apply to a container holding a listed substance
where

(a)it is impossible or not reasonably practicable to comply with paragraph (1)
in respect of that container; and

(b)a notice in respect of that listed substance is displayed in accordance with
regulation 10 giving the particulars prescribed by regulation 8 relating to
that substance.

Container holding dangerous mixture to he labelled

6. (1) Subject to regulation 7, every container holding a dangerous mixture to
which these regulations apply shall be labelled in accordance with regulation 9 with
the trade name of that mixture and

(a)where the mixture contains more than 1 per cent by weight of any toxic
substance or substances, with the particulars prescribed by regulation 8
relating to each toxic substance that exceeds 0.2 per cent of the weight of
the mixture;

(b)where the mixture contains more than 10 per cent by weight of any
harmful substance or substances, with the particulars prescribed by
regulation 8 relating to each harmful substance that exceeds 1 per cent of
the weight of the mixture;

(c)where the mixture contains such a proportion of any other listed
substance or substances as makes that mixture a corrosive, explosive,
flammable, irritant or oxidizing mixture, with the particulars prescribed by
regulation 8 relating to each such substance, but if the mixture contains
more than one listed substance that is classified in column 2 of the First
Schedule as corrosive, flammable, irritant or oxidizing, it is sufficient for
the container to be labelled with the particulars prescribed by regulation 8
relating to the substance in each such classification that is the most
dangerous.

(2) Paragraph (1) does not apply to a container holding a dangerous mixture
where

(a)it is impossible or not reasonably practicable to comply with paragraph (1)
in respect of that container; and

(b)a notice in respect of that dangerous mixture is displayed in accordance
with regulation 10 giving the trade name of that mixture and the particulars
that, but for this paragraph, would be required to be labelled on the
container.





Exempt containers

7. Regulations 5 and 6 do not apply to a container that-

(a)is clearly labelled in English and Chinese with particulars that are
substantially the same as those prescribed by regulation 8 and that holds
a substance that was supplied to the industrial undertaking in that
container; or

(b)is inside a package that is labelled in accordance with regulation 5 or 6, as
the case may be, or in accordance with the Dangerous Goods (General)
Regulations (Cap. 295, sub. leg.); or

(c) holds a substance-

(i) produced in the industrial undertaking;

(ii) not intended to be used in the industrial undertaking; and

(iii) intended to be supplied elsewhere in that container; or

(d) holds less than 125 millilitres fo
(i) a listed substance that is not classified in column 2 of the First
Schedule as explosive, toxic, corrosive or flammable; or

(ii) a dangerous mixture that is not an explosive, corrosive or flammable
mixture and that does not contain more than 1 per cent by weight of any
toxic substance or substances.

Required particulars

8. The particulars required by regulations 5 and 6 relating to a. listed substance
are as follows

(a) the chemical name or common name of the substance;

(b)the classification of the substance as stated in column 2 of the First
Schedule;

(c)the symbol or symbols specified in respect of that classification in column
2 of the Second Schedule;

(d)the indication of the particular risk or risks inherent in the substance as
stated in the Third Schedule opposite the number or numbers specified in
respect of the substance in column 3 of the First Schedule;

(e)the indication of the safety precautions required in respect of the
substance as stated in the Fourth Schedule opposite the number or
numbers specified in respect of that substance in column 4 of the First
Schedule.

Form and size of labelling

9. (1) A container that is required to be labelled under regulation 5 or 6 shall be
labelled in accordance with this regulation.

(2) The container shall be labelled-

(a) in English and Chinese;

(b) in the form prescribed by the Second Schedule; and





(c)in such a way that the particulars prescribed by regulation 8 can be read
easily when the container is placed as it may normally be expected to be
placed.

(3) The particulars prescribed by regulation 8 shall be clearly and indelibly
marked and shall stand out sharply from their background

(a)on a part of the container reserved for that purpose (which part shall for
the purposes of these regulations be treated as a label); or

(b)on a label that is securely fixed to the container with its entire back in
contact with the container; or

(c)where it is not reasonably practicable to comply with sub-paragraphs (a)
and (b), on a label attached in some other suitable manner.

(4) The dimensions of the label shall be as follows-

Capacity of container Dimensions of label

(a) 3 litres or less not less than 50 mm x 75 mm
(b) exceeding 3 litres but not not less than 75 mm x 100 mm
exceeding 50 litres
(c) exceeding 50 litres but not not less than 100 mm x 150 mm
exceeding 500 litres
(d) exceeding 500 litres not less than 150 nun x 200 mm

(5) The size of any symbol required to be shown on the label shall be not less
than one-tenth of the area of the label and shall not in any case be less than 100
mm'.

(6) A container is not labelled in accordance with this regulation if it bears
particulars that do not relate to its contents and those particulars appear in a way
that is confusing or misleading.

Form and place of notice

10. A notice in respect of a dangerous substance is displayed in accordance
with this regulation if (and only if)

(a) it is in English and Chinese;

(b) it identifies the container or containers holding that substance;

(c)it clearly and indelibly sets out the particulars prescribed by regulation 8;

(d) it is in a conspicuous place near the dangerous substance; and

(e)the size of any symbol required to be shown is not less than one-tenth of
the area of the notice.

Safety information, training and precautions

11. A proprietor of a specified industrial undertaking shall, so far as is
reasonably practicable,





(a)make available to every person employed in the undertaking who works
with or is likely to come into contact with a dangerous substance to which
these regulations apply adequate information about any conditions
necessary to ensure that the substance will be safe and without risk to the
health of persons employed in the undertaking;

(b)ensure that every person employed in the undertaking who is or may be
exposed to a dangerous substance to which these regulations apply

(i) is trained in and observes safety precautions relating to that
substance;

(ii) is instructed in the purpose, proper use and limitations of any
protective clothing or equipment provided; and

(iii) is instructed in the health hazards associated with exposure to that
substance;

(c)make arrangements, including arrangements for adequate supervision, to
prevent a dangerous substance to which these regulations apply from
causing bodily injury to any person employed in the undertaking.

Protective clothing and equipment

12. A proprietor of a specified industrial undertaking shall, so far as is
reasonably practicable,

(a)provide every person employed in the undertaking who works with or is
likely to come into contact with a dangerous substance to which these
regulations apply with such protective clothing and equipment as are
appropriate to prevent that substance causing bodily injury to that
person;

(b)ensure that such protective clothing and equipment are fully and properly
used by every such person;

(c)ensure that such protective clothing and equipment are maintained in
good repair and are thoroughly cleansed after each occasion when they
are used and, where any goggles, spectacles, face shield, respirator or
mouth piece is provided under this regulation, that it is thoroughly
cleansed and disinfected after each occasion when it is used; and

(d)provide suitable storage facilities for such protective clothing and
equipment.

PART 111

DUTIES OF PERSONS EMPLOYED

Safety precautions to be taken and use of protective clothing

13. Every person employed in a specified industrial undertaking where there is
any dangerous substance to which these regulations apply shall, so far as is
reasonably practicable,

(a) follow the safety instructions given and the procedures set by the
proprietor of the industrial undertaking regarding that substance;





(b)observe the safety precautions stated on the label of the container
holding that substance or on the notice displayed near that substance;

(c)take such other precautions as are reasonable to prevent that substance
from causing bodily injury to himself or others;

(d)make full and proper use of the protective clothing and equipment (if any)
provided by the proprietor of the industrial undertaking; and

(e)leave the protective clothing and equipment (if any) when not in use in
the storage place provided.

Misuse of labels, notices, and protective clothing and
equipment

14. No person employed in a specified industrial undertaking shall misuse or
interfere with any label, notice, or protective clothing or equipment provided by the
proprietor of that undertaking in accordance with these regulations.

Prohibition against eating, drinking and smoking

15. No person employed in a specified industrial undertaking who works with
or is likely to come into contact with a dangerous substance to which these
regulations apply shall eat, drink or smoke in any room in which that substance is
present.

PART IV

OFFENCES AND PENALTIES

Offences by proprietors

16. (1) The proprietor of an industrial undertaking in respect of which
regulation 5 or 6 is contravened commits an offence and is liable to a fine of $30,000.

(2) A proprietor who contravenes regulation 11 commits an offence and is
liable to a fine of $30,000.

(3) A proprietor who contravenes regulation 12 commits an offence and is
liable to a fine of $20,000.

Offences by persons employed

17. Any person who contravenes regulation 13, 14 or 15 commits an offence
and is liable to a fine of $10,000.

Defences

18. In any proceedings for an offence under regulation 16(1) in respect of an
alleged contravention of regulation 5 or 6 it shall be a defence for any person to
prove that

(a)he took all precautions that were reasonably practicable to avoid the
commission of the offence; or





(b)he did not have sufficient information about the dangerous substance in
question to enable him to comply with regulation 5 or 6. as the case may
be, and he could not by taking all reasonable steps have obtained that
information.

Saving

19. Nothing in these regulations shall derogate from the Dangerous Goods
Ordinance (Cap. 295) or from any other enactment relating to dangerous goods.

FIRST SCHEDULE [regs. 2, 6, 7 & 8]

LISTED SUBSTANCES

A reference in this Schedule to a concentration range of a substance is a reference to that
substance in aqueous solution, the concentration being calculated on a weight to weight basis. An
entry that refers to a salt without specifying a particular form of the salt refers to both the
hydrated and anhydrous forms of that salt, if any.






1. 2. 3. 4.

Name of Substance Classification Particular Safety
Risks Precautions






1. 2. 3. 4.

Name of Substance Classification Particular Safely
Risks Precautions






1 2. 3. 4.

Name of Substance Classification Particular Safely
Risks Precautions






1 2. 3. 4.

Name of Substance Classification Particular Safety
Risks Precautions






1. 2. 3. 4.

Name of Substance Classification Particular Safely
Risks Precautions





1 2. 3. 4.

Name of Substance Classification Particular Safety
Risks Precautions






1. 2. 3. 4.

Name of Substance Classification Particular Safely
Risks Precautions





1 2. 3. 4.

Name of Substance Classification Particular Safely
Risks Precautions






1. 2. 3. 4.

Name of Substance Classification Particular Safely
Risks Precautions






1 2. 3. 4.

Name of Substance Classification Particular Safety
Risks Precautions






1. 2. 3. 4.

Name of Substance Classification Particular Safety
Risks Precautions





1 . 2. 3. 4.

Name of Substance Classification Particular Safety
Risks Precautions






1. 2. 3. 4.

Name of Substance Classification Particular Safety
Risks Precautions






1 . 2. 3. 4.

Name of Substance Classification Particular Safety
Risks Precautions






1. 2. 3. 4.
Particular Safety
Name of SubstanceClassification Risks Precautions






1 . 2. 3. 4.

Name of Substance Classification Particular Safely
Risks Precautions






1. 2. 3. 4.

Name of Substance Classification Particular Safety
Risks Precautions






1. 2. 3. 4.

Name of Substance Classification Particular Safely
Risks Precautions






1 . 2. 3. 4.

Name of Substance Classification Particular Safety
Risks Precautions





1 . 2. 3. 4.

Name of Substance Classification Particular Safety
Risks Precautions





1. 2. 3. 4.

Name of Substance Classification Particular Safety
Risks Precautions





1. 2. 3. 4.

Name of Substance Classification Particular Safety
Risks Precautions





SECOND SCHEDULE [regs. 8 and 9]

SYMBOLS
Classification Symbol





Classification Symbol






Classification Symbol

Single risks

1. Explosive when dry

2.Risk of explosion by shock,
friction, fire or other sources of
ignition





Single risks

3. Extreme risk of explosion by shock,
friction, fire or other sources of ignition

4. Forms very sensitive explosive metallic
compounds

5. Heating may cause an explosion
6. Explosive with or without contact with air
7. May cause fire
8. Contact with combustible material may
cause fire
9. Explosive when mixed with combustible
material
10. Flammable
11. Highly flammable
12. Extremely flammable
13. Extremely flammable liquefied gas
14. Reacts violently with water
15. Contact with water liberates highly
flammable gases

16. Explosive when mixed with oxidizing
substances

17. Spontaneously flammable in air

18. In use, may form flammable/explosive
vapour-air mixture

19. May form explosive peroxides

20. Harmful by inhalation

21. Harmful in contact with skin

22. Harmful if swallowed

23, Toxic by inhalation
24. Toxic in contact with skin
25. Toxic if swallowed
26. Very toxic by inhalation
27. Very toxic in contact with skin
28, Very toxic if swallowed
29. Contact with water liberates toxic gas
30. Can become highly flammable in use
31. Contact with acids liberates toxic gas
32. Contact with acids liberates very toxic gas

33. Danger of cumulative effects





Single risks

34. Causes burns

35. Causes severe bums

36. Irritating to eyes

37. Irritating to respiratory system
38. Irritating to skin

39. Dangers of very serious irreversible
effects
40. Possible risk of irreversible effects
41. Risk of serious damage to eyes
42. May cause sensitisation by inhalation
43. May cause sensitisation by skin contact
44. Risk of explosion if heated under
confinement
45. May cause cancer
46. May cause heritable genetic damage
47. May cause birth defects
48. Danger of serious damage to health by
prolonged exposure
49. Spontaneously combustible in air when
wet

Combinations of risks

14/15. Reacts violently with water,
liberating highly flammable gases
15/29. Contact with water liberates toxic,
highly flammable gas
20/21. Harmful by inhalation and in
contact with skin

20/21/22. Harmful by inhalation, in contact
with skin and if swallowed

20/22. Harmful by inhalation and if
swallowed
21/22. Harmful in contact with skin and if
swallowed
23/24. Toxic by inhalation and in contact
with skin
23/24/25. Toxic by inhalation, in contact with
skin and if swallowed
23/25. Toxic by inhalation and if
swallowed





Combinations of risks

24/25. Toxic in contact with skin and if
swallowed

26/27. Very toxic by inhalation and in
contact with skin
26/27/28. Very toxic by inhalation, in contact
with skin and if swallowed

26/28. Very toxic by inhalation and if
swallowed
27/28. Very toxic in contact with skin and
if swallowed
36/37. Irritating to eyes and respiratory
system
36/37/38. Irritating to eyes, respiratory
system and skin

36/38. Irritating to eyes and skin
37/38. Irritating to respiratory system and
skin
42/43. May cause sensitisation by
inhalation and skin contact

FOURTH SCHEDULE [reg. 8]

LIST OF SAFETY PRECAUTIONS

Single safely precautions

1. Keep locked up

2. Keep in a cool place

3. Keep away from living quarters

4. Keep contents under ...
(appropriate liquid to be specified)

5. Keep under ... (inert gas to be
specified)

6. Keep container tightly closed

7. Keep container dry
8. Keep container in a well ventilated
place
9. Do not keep the container scaled
10. Keep away from food, drink and
animal feeding stuffs





Single safety precautions

11. Keep away from (incompatible
materials to be indicated)

12. Keep away from heat
13. Keep away from sources of ignition-No
Smoking .

14. Keep away from combustible material

15. Handle and open container with care
16. When using do not cat or drink
17. When using do not smoke
18. Do not breathe dust
19. Do not breathe gas/fumes/
vapour/spray (appropriate wording to
be specified)
20. Avoid contact with skin
21. Avoid contact with eyes
22. In case of contact with eyes, rinse
immediately with plenty of water and
seek medical advice
23. Take off immediately all contaminated
clothing
24. After contact with skin, wash
immediately with plenty of...
(to he specified)
25. Do not empty into drains
26. Never add water to this product

27. Take precautionary measures against
static discharges

28. Avoid shock and friction
29. This material and its container must be
disposed of safely by ... (to be specified)

30. Wear suitable protective clothing

31. Wear suitable protective gloves

32. In case of insufficient ventilation, wear
suitable respiratory equipment

33. Wear eye/face protection (appropriate
wording to be specified)

34. To clean the floor and all objects
contaminated by this material use ...
(to be specified)





Single safety precautions

35. In case of fire and/or explosion
do not breathe fumes

36. During fumigation/spraying wear
suitable respiratory equipment
(appropriate wording to be specified)

37. In case of fire, use (indicate in the
space the precise type of fire-fighting
equipment; if water increases the risk,
add-'Never use water')

38. If you feel unwell, seek medical advice
(show the label where possible)
39. In case of accident or if you feel unwell,
seek medical advice immediately (show
the label where possible)
40. If swallowed seek medical advice
immediately and show this container
or label
41. Keep at temperature not exceeding
'C (to be specified)
42. Keep wetted with (appropriate
material to be specified)
43. Keep only in the original container
44. Do not mix with (to be specified)

45. Use only in well ventilated areas

46. Not recommended for interior use on
large surface areas

Combinations of safety
precautions

2/6/8. Keep container tightly closed,
in a cool well ventilated place
2/8. Keep in a cool well ventilated
place
2/8/11. Keep in a cool, well ventilated
place away from
(incompatible materials to be
indicated)
2/8/11/43, Keep only in the original
container in a cool, well
ventilated place away from. . .
(incompatible materials to be
indicated)
2/8/43. Keep only in the original
container in a cool, well
ventilated place





Combinations of safely
precautions

2/11. Keep in a cool place away from
... (incompatible materials to
be indicated)

6/7. Keep container tightly closed and
dry
6/8. Keep container tightly closed and
in a well ventilated place
16/17. When using do not eat, drink or
smoke
20/21. Avoid contact with skin and eyes
30/31. Wear suitable protective clothing
and gloves
30/31/33.Wear suitable protective clothing,
gloves and eye/face protection
(appropriate wording to be
specified)

30/33. Wear suitable protective clothing
and eye/face protection
(appropriate wording to be
specified)
31/33. Wear suitable gloves and eye/face
protection (appropriate wording
to be specified)
41/43. Keep only in the original
container at temperature not
exceeding. . . 'C (to be specified)

https://oelawhk.lib.hku.hk/items/show/2353

1964

v6

59

40