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ST0030036 FILE 681 EST T statutory instruments / 1969 No. 690 FACTORIES itions 1969 Made - - Laid before Parliament Coming into Operation Uth May 22nd May 14th May 19T0 ARRANGEMENT OF REGULATIONS Ref. PART I PART II Application, Interpretation and General............... Exhaust Ventilation and Protective Equipment ... I-- 6 7 and 8 PART III PART IV Geanliness of Premises and Plant.......................... 9 -- 14 Storage and Distribution...................................... 15 -- 17 PART V Accommodation for and Cleaning of Protective Equipment ...................................... ... IS and 19 PART VI Young Persons ...................................... ... 20 SCHEDULE Processes specified for the purposes of Regulation 13 REGULATIONS The Secretary of State-- () by virtue of her powers under sections 62,76 and ts0(6) ***4 (7) of the Factories Act 1961(a) and of all other powers enabling her in that behalf; and () after publishing, pursuant to Schedule 4 to the said Act of 196!, notice of the proposal to make the Regulations and not having received any objection to the draft in regard to which she is required by the said Schedule to direct an inquiry to be held, hereby makes the following special Regulations:-- Paar I Application, iNTstpamTioN and Gtoniuu. Citation, commencement and revocation MO These Regulations may be cited as die Asbestos Regulations 1969 and shall come into operation on 14th May 1970. (3) The Asbestos Industry Regulations 1931(b) are hereby revoked. (3) The Shipbuilding and Ship-repairing Regulations 1960(c) shall have effect as if the following provisions were omitted-- () in Regulation 3(2), the definition of the word "asbestos**; (6) in Regulation 76(1), sub-paragraphs (a) to (d); and (c) in Regulation 77, paragraphs (a) to (d). Interpretation 2.--(1) The Interpretation Act 1889(d) shall apply to the interpretation of these Regulations as it applies to the interpretation of an Act of Parliament, and as if these Regulations and the Regulations hereby revoked were Acts of Parliament <> c. 34. <b) SJL AO. 1931/1140(Rev.Vtt.p- III: lWlp.410). (c) S.L 1940/1932 (1940 H p. 1427)- (4) 1119 e. 63. DOW 01498 (2) In these Regulations* unless the context otherwise requires, the following expressions hive the meanings hereby assigned to them respectively, that is to say-- "approved" means approved for the time being by certificate of the Chief Inspector; "asbestos" means any of the following minerals, that is to say. crocidolite. amosite, chrysotile. fibrous sothophyllite and any mixture containing any of the said minerals; "factory" includes any premises and place to which these Regulations apply: "protective clothing** means overalls and headgear, which (in either case) will when worn exclude asbestos dust; "the principal Act" means the Factories Act 1961 as amended by or under any other Act. (3) References in these Regulations to asbestos dust shall be taken to be eferences to dust consisting of or containing asbestos to such an extent as is liable to cause danger to the health of employed persons. Application ofAefulatums 3. --(I) These Regulations shall apply to the following premises and places in which any process to which these Regulations apply is earned on, that is to say. factories and'all premises and place* to which the provisions of Part IV of the principal Act with respect to special regulations for safety and health are applied by the following provjs-Nms of ttut Act, namely, section 123 (which relate* to electrical stations), section 124 (which relates to institutions), so much of section 125 as relates to warehouses other thaa warehouses within any dock or forming part of any w harf or quay, section 126 (which relates to ships) and section 127 (which relates to building operations and works of engineering construction). (2) These Regulation* apply to process iflyoMg or any article composed wholly or partly oi **o.-stos, except a process mconnection with which asbestos dux* cannot be given off. (3) The provisions of these Regulations are in substitution for the provi sions of so much of section 1(2) of the principal Act as relates to the cleaning of parts of factories, bemg parts in which any process to which these Regulations apply is carried on or intu which any asbestos dust from any such process carried on in the factory t< liable to escape, and of so much of section 63(1) of that Act as relates to the measures to be taken against asbestos dust, but save as aforesaid are in addition to and not in substitution for or in diminution ofother requirements imposed by or tinder the principal Act Certificates ofexemption 4. The Chief Inspector may (subject to such conditions, if any, as may be specified therein) by certificate in writing (which he may in his discretion revoke at any time) exempt from all or any of the requirements of these Reg ulations-- (a) any factory or part of any factory; or (b) any class or description of factories or of parts thereof; or (c) any machine, plant, apparatus or process or any class or description of machines, plant, apparatus or processes; or 2 DOU 01499 SJ0030037 ST0030038 (ff) the employment of any person or cliss or description of persons* if he is satisfied that the reauiremenu in respect of which the exemption is eranted are not necessary for the protection of persons employed or are impracticable. Obligations wider Regulations 5. --(!) Except in the case ofany place where building operations or works of engineering construction are carried on it shall be the duty-- (a) of every employer (whether or not an occupier) who is undertaking io a uctory any process to which these Regulations apply to comply with the requirements of these Regulations in relation to any person employed by him* any plant or material under his control* and any put of the factory in which he is carrying on the process or into which asbestos dust in connection with that process is liable to escape; (b) of every occupier of any factory (whether or not such an employer as aforesaid; where any such process is being carried on to comply with the requirements of Regulations 8,18 and 19 in relation to any person employed in the factory (other than any person employed by an employer who is undertaking in the factory any process to which these Regulations apply) and with the requirements of Part ill of these Regulations; and (c) of every person who is undertaking in a factory any process to which these Regulations apply and who employs no other person in the carrying on of that process to comply* for the protection or employed persons working there, with the requirements of these Regulations (other than Regulations 8* 14 and 18 to 20) with which he would have to comply if he were the employer of a person doing there the work which he does himself. (2) In the case of places where building operations or works dF engineering * construction are carried on it shall be the duty of every contractor and of every employer who is undertaking any process to which these Regulations apply to comply with the requirements of these Regulations io relation to any person employed by him and any person employed there who is liable to be exposed to asbestos dust in connection with any process carried on by the contractor or employer (as the case may be), and in relation to any plant or material under his control and any part of the site where he is carrying on the process or where asbestos dust in connection with that process is liable to escape. (3) It shall be the duty of every person employed to comply with the require* menu of such of these Regulations as relate to the performance of or refraining from an act by him. Notifications 6, --(1) Where at the date ofthe coming into operation ofthese Regulations a person is undertaking in a factory any process involving crocidotite (including the removal from any surface of lagging consisting of or containing crocidolite), he shall within 28 days of that date give written notice to the inspector for the district that he is underuking such a process and ofthe address ofthe factory at which he is doing so. (2) Before a person first begins after the coming into operation of these Regulations to undertake in a factory any such process as aforesaid* he shall give sot less than 28 days written notice to the inspector for the district, or such shorter notice as the inspector may agree to accept* of the date on which and of the address of the factory at which he will begin to do so. 3 DOW 01500 ST0030039 Pact II Exhaust Vintilation and Piorscnvs Equipment Exhaust muilation 7.--(!) Subject to the provisions of the next following Regulation, no proceu to which these Regulations apply shall be earned on is any factory unleu equipment is provided, maintained and used which produces an exhaust draught which prevents the entry into the air of any workplace of asbestos dust: Provided that the foregoing requirements of this Regulation h*n not apply where any such proceu is carried on in such a manner as to be as safe as it would be if the said requirements were complied with. (2) Exhaust ventilation equipment provided in accordance with this Reg ulation shall while any work or maintenance or repair to the machinery, appa ratus or other plant or equipment in connection with which it is provided is being carried on, be kept in use so as to produce an exhaust draught which prevents the entry into the air of any workplace of asbestos dust (3) Exhaust ventilation equipment provided in accordance with this Reg ulation shall be inspected at least once in every seven days and shall be thoroughly examined and tested by a competent person at least once in every period of fourteen months, snd a report of the results of every such examination and test containing approved particulars and signed by the person making or respon sible for the carrying out of the examination and test shall be made within fourteen days after the examination and test (4) Every such report as aforesaid shall be attached to the general register and be preserved and kept available for inspection by any inspector for a period of two years after it is made. Protective equipment 8.--(1) Where in any factory the requirements of paragraph (1) or (2) of the last foregoing Regulation apply, but it is impracticable to comply with thou requirements, there shall be provided for the use ofeach person employed in any pan of the factory, bang n pan into which asbestos dust from a process to which these Regulations apply is liable to escape- fa) approved respiratory protective equipment; and (b) protective clothing. (2) AH respiratory protective equipment and protective clothing provided in pursuance of (he foregoing paragraph of this Regulation shall be maintained. (3) All respiratory protective equipment and protective clothing so provided mu be used by the persons for whom they are provided while employed in any such part of the factory as aforesaid. (4) Ho respiratory protective equipment so provided which has been wore by a person shall be provided for the use of another person unless it has been thoroughly cleaned and disinfected since last being wore. (5) Ho person shall be employed to perform any work for which respiratory protective equipment is provided in pursuance of this Regulation unless he has been fully instructed in the proper use of that equipment. 4 * DOW 01501 ST0030040 Fart IQ Clbanunw or Pitmans and Plant Duty to keep dean 9. AH michinery, apparatus, work .benches and other plant and equipment used in any factory for the purposes of any process to which these Regulations apply, all external surfaces of exhaust ventilation equipment provided in pur* suance of these Regulations and all floors, inside walls, ceilings, ledges and other internal surfaces ofany part ofa building or ofany ship, being a pan in which any process to which these Regulations apply is canted on or into which asbestos oust from any such process earned on in the factory is liable to escape, shall, so far as is practicable, be kept in a dean state and free from asbestos waste and dust in accordance with the provisions of this Part of these Regulations. Charting by dustiest method 10. The cleaning required by the last foregoing Regulation shall, so far as is practicable, be carried out-- (a) by means of vacuum cleaning equipment so designed and constructed ana so used; or (b) by some other suitable method such, that asbestos dust neither escapes nor is discharged into the air of any work place. Cleaning where cleaning by dustless method is impracticable 11. --(1) In so far as it is impracticable to carry out the cleaning required by Regulation 9 in accordance with the provisions of the last foregoing Regulalation, such cleaning shall be canted out in accordance with the provisions of this Regulation. (2) Protective clothing and approved respiratoiy protective equipment shall be provided for and used by every person present in any part of a factory while such cleaning is being canted out in that pan otherwise than in accordance with Regulation 10. (3) No respiratory protective equipment to provided which has bees worn by a person shall be provided for the use of another person unless it has been thoroughly cleaned and disinfected since last being worn. {4) No person shall be employed to perform any work for which respiratory protective equipment is provided in pursuance of this Regulation unless he has been fully instructed in toe proper use of that equipment (5) Any surface on which asbestos waste or dust is deposited as a result of the carrying out of cleaning in pursuance of this Regulation, not being a surface of the cleaning equipment used, shall be cleaned forthwith. Vacuum cleaning equipment 12. Vacuum cleaning equipment used for cleaning in accordance with the provisions of this Fan of these Regulations shall be maintained and have all external surfaces kept in a dean state and free from asbestos waste and dust. 5 DOW 01502 ST003004 I Requirements as to construction of building* beforefirst usefor certain processes 13. After the date of the coming into operation of these Regulations no process specified in the Schedule to these Regulations shall be carried on in a building by the occupier of the building unless any part of such building where any such process is carried on and has not previously been carried on-- (a) is so constructed that all its interior surfaces are smooth and im pervious and is so designed and constructed as to have in it as few sur faces as is practicable on which asbestos dust can settle; and (b) has a vacuum cleaning system which has filters and a source of suction located at a fixed central point with pipes throughout the building fitted with suitably placed inlets to which portable cleaning implements can be attached and is a system which is so designed and constructed that asbestos dust cannot escape or be discharged from it into the air of any workplace: Provided that the requirements of this Regulation shah not apply where a process or processes so specified are carried on in a factory for a total number of hours not exceeding eight in any week. Cleanliness ofaccommodationfor clothing 14. Where there is provided for the use of employed persons under section 59 (accommodation for clothing) of the principal Act or under any regulations made under that Act accommodation for clothing not worn duriog working hours, the accommodation so provided shall be such or shall be so situated that asbestos dust is not deposited on any such clothing in the said accommodation. Pakt IV Stokagc and DtsnmunoN Storage 15. All loose asbestos in a factory shall when not in use be kept in suitable . closed receptacles which prevent the escape of asbestos dust therefrom, and all asbestos waste in a factory shall, when stored, be kept in such receptacles. Distribution, etc. 16. No loose asbestos or asbestos waste shall be despatched from or as far as is practicable received into a factory except in suitable closed receptacles which prevent the escape of asbestos dust therefrom or shall be distributed within a factory except in such receptacles or in a totally enclosed system ofconveyance. Marking ofreceptacles 17. All such receptacles as aforesaid shall, where they contain croddolite, be dearly and boldly marked with the words "Blue asbestos---do not inhale dust**. Part V Accommodation foe and Cleamno or Phorctivb Equipment Accomodation, etc. for protective clothing and respiratory protective equipment 18. _(1) Suitable accomodation in a conveniently accessible position shall be provided for the use of persons employed when putting on or taking off respiratory protective equipment and protective clothing provided in pursuance of these Regulations and for the storage of such clothing and equipment when it is not in use. 6 Dow J503 ST0030042 (2) AB protective clothing and respiratory protective equipment which has been provided io pursuance ofthese Regulations for the use ofpersons employed shall when not required for use be kept in the accommodation for storage provided in pursuance of paragraph (1) of this Regulation, except when it is necessary for it to be removed for cleaning or replacement (3) So far as practicable, the same protective clothing shall (until it becomes necessary to replace it) be available for use by a person employed on each occasion on which he requires to wear it in pursuance of these Regulations. Cleaning ofprotective clothing 19.--(1) AH protective clothing provided in pursuance of these Regulations shall at suitable intervals be cleaned. (2) The said deaniog shall be carried out within the factory where the clothing is provided: Provided that this requirement shall not apply in the case of protective clothing which before despatch from the factory tor deaniog is property packed in suitable containers which prevent the escape of asbestos dust therefrom and the containers in which it is packed are dearly and boldly marked with the words "Asbestos contaminated clothing**. Part VI Young Persons Employment ofyoung persons 20. No young person shall be employed-- (a) in any process to which these Regulations apply or m any part of a factory into which asbestos dust from any such process carried on in the factory would otherwise be liable to escape unless the requirements of Regulation 7 ext complied with in respect of that process; or (b) in carrying out any cleaning in accordance with Part 111 of these Regulations otherwise than by means of vacuum cleaning equipment or other suitable method in accordance with the provisions of Reg ulation 10. 13th May 1969. Barbara Castle. First Secretary of State and Secretary* of State for Employment and Productivity. SCHEDULE Regulation 13 Processes specified for she purposes of Regulation 13 1. Breaking, crushing, disintegrating, opening and grinding of asbestos, and the mixing of asbestos (including the mixing of asbestos with any other material) or the sieving of asbestos, and all processes involving manipulation of asbestos incidental thereto. L AU processes in the manufacture ofyarn or doth composed ofasbestos or asbestos mixed with any other material, including preparatory and finishing processes. 7 DOW 01504 ST0030043 3. The mating oftasufatfon slabs or sections, composed wholly or partly ofasbestos, ad pcotmm iaddenul thereto. 4. The making tad repairing of insulating aittiiwu, compcaad wholly or portly of asbestos, and processes incidental thereto. 5. Any other preens ia the tnanufteture of artides composed wboOy or portly of atbntoa is connection with which asbntot dun it given off. EXPLANATORY NOTE (This Hots is motpvt oftht Regulations.) These Regulations impose requirements for the safety sad welfare of persons employed in factories and ia other premises and places to which the Factories Act 1961 applies, where processes are carried on which involve asbestos or any article composed wholly or partly of asbestos and are capable of giving rise to asbestos dust The Regulations require that the processes be earned on under an exhaust draught or ia some other equally safe way, or that protective clothing and respiratory protective equipment beprovided for the use ofpersons employed. The Regulations also impoW requirements as to the cleaning of premises and plant, the construction of buildings newly used for the processes, the storage and distribution of asbestos, the accommodation to be provided for protective equipment and the deaning of protective dotting. The employment of young persons in connection with processes to which the Regulations apply and in cleaning work is prohibited except in specified circumstances. The Regulations also require that notification of processes involving crocidolite be sent to the inspector for the district The Asbestos Industry Regulations 193! and certain provisions concerning asbestos of the Shipbuilding and Ship-repairing Regulations 1960 are revoked. Printed is England by McCorqoodale A Co. Ud^ Loodoa end published by Her Majesty's Stationery Office: 1969 Is 3d ret (*/FU3lt) (OSIMtM* MtC. SON 11 MHO X DOW 01505