FACTORIES AND INDUSTRIAL UNDERTAKINGS ORDINANCE - minor amendment

FACTORIES AND INDUSTRIAL UNDERTAKINGS ORDINANCE - minor amendment

CHAPTER 59

FACTORIES AND INDUSTRIAL UNDERTAKINGS

1. The Factories and Industrial Undertakings Ordinance is
amended-

(1) in section 2(1), in the definition of 'proprietor', by repealing
'or receiving the profits';

(2) in section 3 by adding 'assistant occupational hygienists,' after
'occupational hygienists,';

(3) in section 4(1)-

(a)by repealing 'industrial health officer' and substituting
'occupational health officer';

(b)by repealing 'industrial hygienist,' and substituting
'occupational hygienist,';

(4) in section 9(A)(5)(b)(ii) by adding 'other than in respect of
noise affecting persons not employed therein' after 'generally';

(5) by adding after section 14-

Protection of public officers

14A. (1) A public officer is not personally liable in
respect of any act or omission of his if it was done or made
by him in the honest belief that it was required or
authorized in the exercise of any function, duty or power
of his under this Ordinance.

(2) The protection conferred on public officers by
subsection (1) in respect of any act or omission shall not in
any way affect any liability of the Crown in tort for that
act or omission.
(Added 71 of 1989 s. 11)

2. The Factories and Industrial Undertakings (Confined Spaces)
Regulations are amended, in the regulation specified in the first
column, by repealing, wherever it appears, the expression specified
in the second column thereof and substituting in each place the
expression specified in the third column-

Regulation
5(a) 18 inches 460 millimetres
16 inches 400 millimetres
5(b) 16 inches 400 millimetres
14 inches 350 millimetres
5(c) 15 inches 380 millimetres
11 inches 280 millimetres





3. The Factories and Industrial Undertakings (Blasting by Abra-
sives) Special Regulations are amended in regulation 3(2)(b) by
repealing '6 cubic feeC and substituting '170 litres'.

4. The Factories and Industrial Undertakings (Notification of
Occupational Diseases) Regulations are amended in regulation 3
and the Second Schedule by repealing 'Medical and Health
Services' wherever it occurs and substituting 'Health'.

5. The Quarries (Safety) Regulations are amended, in the
regulation and Schedule specified in the first column, by repealing,
wherever it appears, the expression specified in the second column
thereof and substituting in each place the expression specified in the
third column-
Regulation
2, definition
of 'safety
rope' 3 000 pounds 13 kilonewtons
1 1/4 inches 30 millimetres
15(2) 4 feet 1.2 metres
16(1) 50 feet 15 metres
16(2)(b) 1 1/2 inches 40 millimetres
53(1) 25 feet 8 metres
54(1) 80 feet 25 metres
54(2) 80 feet 25 metres
55 80 feet 25 metres
Second Schedule
Part I (e) 51 inches 1.3 metres
36inches 900 millimetres
(f) 1 inch by 5 yards 25 millimetres by
4.5 metres
(g) one ounce 30 grams
Part II (e) 51 inches 1.3 metres
36inches 900 millimetres
(f) 1 inch by 5 yards 25 millimetres by
4.5 metres
(g) one ounce 30 grams

6. The Factories and Industrial Undertakings (Abrasive Wheels)
Regulations are amended in regulation 17-

(a)in regulation -(1) by repealing 'and shall be liable on
conviction to a fine of $5,000';

(b) by adding after paragraph (1)-

(IA) A proprietor who is guilty of an offence
under paragraph (1) shall-

(a)in respect of a contravention of regulation 8
or 9, be liable on conviction to a fine of
$30,000;





(b) in respect of a contravention of regulation 5,
6, 7, 10, 11, 12, 13 or 15, be liable on
conviction to a fine of $20,000; and

(c) in respect of a contravention of regulation
14, be liable on conviction to a fine of
$10,000.

(c)in paragraph (2) by repealing '$1,000' and substituting
-$10,000---.

7. The Factories and Industrial Undertakings (Work in
Compressed Air) Regulations are amended-

(1)by repealing 'Senior Industrial Health Officer', '1ndustrial
Health Officer' and '1ndustrial Hygienist' wherever occurring
and substituting 'Senior Occupational Health Officer',
'Occupational Health Officer' and 'Occupational Hygienist'
respectively;

(2)in regulation 28 by repealing 'W' wherever it occurs and
substituting '12';

(3) in regulation 38-

(a)by repealing paragraphs (1) to (8) inclusive and
substituting-

(1) If regulation 4 is contravened, the
contractor shall be guilty of an offence and shall be
liable on conviction to a fine of $50,000.

(2) If regulation 6(1), 7, 8, 9, 12(4), 13, 16, 17,
21 or 22 is contravened, the contractor shall be guilty
of an offence and shall be liable on conviction to a
fine of $30,000.

(3) Any contractor who fails to comply with
regulation 5(1) or 37 shall be guilty of an offence and
shall be liable on conviction to a fine of $30,000.

(4) If regulation 10, 14, 19, 20, 23 or 27(3) is
contravened, the contractor shall be guilty of an
offence and shall be liable on conviction to a fine of
$20,000.

(5) Any contractor who fails to comply with
regulation 6(2), 11(4) or 24(1) shall be guilty of an
offence and shall be liable on conviction to a fine of
$20,000.

(6) If regulation 15, 18 or 36 is contravened, the
contractor shall be guilty of an offence and shall be
liable on conviction to a fine of $ 10,000.





(7) Any contractor who fails to comply with
regulation 24(2) or 30 shall be guilty of an offence and
shall be liable on conviction to a fine of $ 10,000.

(8) If regulation 26(1), (2), (3) or (5) is
contravened, the employer shall be guilty of an
offence and shall be liable on conviction to a fine of
$30,000.

(M) Any employer who fails to comply with
regulation 12 shall be guilty of an offence and shall be
liable on conviction to a fine of $30,000.

(811) If regulation 28(1), (2) or (3) or 31 is
contravened, the employer shall be guilty of an
offence and shall be liable on conviction to a fine of
$20,000.

(8C) Any employer who fails to comply with
regulation 25(1) or 27(1), (2) or (4) shall be guilty of
an offence and shall be liable on conviction to a fine
of $20,000.

(813) Any employer who fails to comply with
regulation 25(2), 32 or 33(1) shall be guilty of an
offence and shall be liable on conviction to a fine of
$10,000.

(b)in paragraph (9) by repealing '$2,000' and substituting
'$10,000';

(c)in paragraph (10) by repealing '$2,000' and substituting
'$10,000';

(d)in paragraph (11) by repealing '$2,000' and substituting
'$10,000';

(e)in paragraph (12) by repealing '$2,000' and substituting
'$10,000';

(f) in paragraph (13) by repealing '$1,000' and substituting
'$10,000'.

8. The Factories and Industrial Undertakings (Dry Batteries)
Regulations are amended-

(1)in.regulation 9(2) by repealing '7 feet' and substituting '2
metres';
(2) in regulation 17(a) by repealing '4 inches' and substituting
100 millimetres'.

9. The Factories and Industrial Undertakings (Cartridge-
Operated Fixing Tools) Regulations are amended-





(1)in regulation 2 in the definition of 'approved tool' by repealing
1isted in the Schedule;' and substituting 'approved by the
Commissioner under regulation 19;';

(2) by repealing regulation 19 and substituting-

Commissioner may approve tools

19. The Commissioner may approve a cartridge-
operated fixing tool by notice in the Gazette.
(L.N. 329 of 1988)

(3) by repealing the Schedule.

10. The Factories and Industrial Undertakings (Protection of Eyes)
Regulations are amended in regulation 9-

(a)in paragraph (1) by repealing '$5,000' and substituting
'$30,000';

(b)in paragraph (2) by repealing '$2,000' and substituting
'$10,000'.

11. The Factories and Industrial Undertakings (Asbestos) Special
Regulations are amended in regulation 2(1), in the definition of
'asbestos' by repealing 'chrysolite' and substituting 'chrysotile'.

12. The Factories and Industrial Undertakings (Safety Officers and
Safety Supervisors) Regulations are amended, above the citation
within the square brackets, by adding at the end-

Regulations 2 and 3 1 December 1987
Regulations 14 to 22

13. The Factories and Industrial Undertakings (Carcinogenic
Substances) Regulations are amended in regulation 8(2) by
repealing 'Medical and Health Department' and substituting
'Department of Health'.
71 of 1989 s. 2. 71 of 1989 s. 3. 71 of 1989 s. 4. 75 of 1988 s. 40 L.N. 238 of 1984 L.N. 238 of 1984 L.N. 76 of 1989 L.N. 238 of 1984 L.N. 322 of 1981 L.N. 322 of 1981 L.N. 248 of 1982 L.N. 162 of 1982 L.N. 323 of 1981 L.N. 323 of 1981 L.N. 238 of 1984 L.N. 329 of 1988 L.N. 328 of 1981 L.N. 387 of 1987 L.N. 347 of 1987 L.N. 76 of 1989

71 of 1989 s. 2. 71 of 1989 s. 3. 71 of 1989 s. 4. 75 of 1988 s. 40 L.N. 238 of 1984 L.N. 238 of 1984 L.N. 76 of 1989 L.N. 238 of 1984 L.N. 322 of 1981 L.N. 322 of 1981 L.N. 248 of 1982 L.N. 162 of 1982 L.N. 323 of 1981 L.N. 323 of 1981 L.N. 238 of 1984 L.N. 329 of 1988 L.N. 328 of 1981 L.N. 387 of 1987 L.N. 347 of 1987 L.N. 76 of 1989

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