S.I. No. 173/1956 - Factories (Operations At Unfenced Machinery) Regulations, 1956.

S.I. No. 173 of 1956.

FACTORIES (OPERATIONS AT UNFENCED MACHINERY) REGULATIONS, 1956.

I, WILLIAM NORTON, Minister for Industry and Commerce, in exercise of the powers conferred on me by sections 26 and 27 of the Factories Act, 1955 (No. 10 of 1955), hereby make the following regulations :

1.—(1) These Regulations may be cited as the Factories (operations at Unfenced Machinery) Regulations, 1956.

(2) These Regulations shall come into operation on the 1st day of October, 1956.

2.—(1) Regulation 3 of these Regulations shall apply to the following operations, namely—

(a) the carrying out, in pursuance of paragraph (a) of subsection (1) of section 26 of the Factories Act, 1955 (No. 10 of 1955) (hereinafter referred to as the Act) of an examination of any part of machinery which is in motion and which is not securely fenced, or any lubrication or adjustment shown by such examination to be immediately necessary, being an examination, lubrication or adjustment which it is necessary to carry out while the part of machinery is in motion, and

(b) the carrying out, in pursuance of section 27 of the act, of an examination or any lubrication or adjustment shown by such examination to be immediately necessary, when parts of machinery otherwise required to be fenced or safeguarded are in motion or in use but are necessarily exposed for those operations ;

provided that paragraphs (4) and (5) of the said Regulation 3 shall not apply in relation to any part of machinery which is only being moved by hand or by a barring engine or by an inching or similar device, and that paragraph (4) of the said Regulation 3 shall not apply to the setting up of a machine by a toolsetter or other skilled mechanic.

(2) In the case of transmission machinery used in the processes specified in the Schedule to these Regulations, paragraph (b) of subsection (1) of section 26 of the act shall apply to the following operations, namely, any lubrication, or any mounting or shipping of a belt, when the circumstances are such that the lubrication, mounting or shipping cannot, without serious interference with the carrying out of the process, be deferred until the machinery is stopped, and Regulations 3 and 4 of these Regulations shall apply to such operations.

3.—(1) For the purposes of subsection (2) of section 26 of the act, one or more persons shall be appointed by the occupier of a factory, by signed entry in or by certificate attached to the general register, to be machinery attendants to carry out operations to which this Regulation applies, and any such appointment may be made for all such operations or may be limited to such only of those operations as may be specified in the entry or certificate. The occupier shall furnish to each person so appointed a written authority which shall indicate the limitations (if any) specified as aforesaid.

(2) No person shall be appointed to be such a machinery attendant unless he is a male person who has attained the age of eighteen years and has been sufficiently trained for the purposes of the work entailed by those operations which he is authorised by his appointment to carry out, and is acquainted with the dangers from moving machinery arising in connection with such operations.

(3) Every such machinery attendant shall be instructed as to the requirements of these Regulations.

(4) No operation to which this Regulation applies shall be carried out—

(a) except by a machinery attendant authorised as aforesaid to carry out the operation,

(b) unless every person carrying out the operation is wearing a close-fitting single-piece overall suit in good repair which—

(i) is fastened by means having no exposed loose ends, and

(ii) has no external pockets other than a hip pocket,

(c) unless an other person instructed as to the steps to be taken in case of emergency is immediately available within sight or hearing of a person carrying out the operation, and

(d) unless such steps as may be necessary, including where appropriate and reasonably practicable the erection of a barrier, are taken to prevent any person, other than a person carrying out the operation, from being in a position where he is exposed to risk of injury from the machinery.

Subparagraph (a) of this paragraph shall not prevent the carrying out of such an operation on a special occasion by a competent male person who has attained the age of eighteen years if he has been previously authorised in writing for the purposes of that occasion by the occupier or manager of the factory or other person holding a position of management in the factory.

(5) Without prejudice to any other obligation to fence machinery every set-screw, bolt or key on any revolving shaft, spindle, wheel, or pinion, and all spur and other toothed or friction gearing in motion, with which a person carrying out an operation to which this Regulation applies would otherwise be liable to come in contact shall be securely fenced to prevent such contact unless it is necessarily being examined, lubricated or adjusted while in motion or is necessarily exposed for examination or for any lubrication or adjustment shown by such examination to be immediately necessary.

(6) Any ladder in use for the carrying out of an operation to which this Regulation applies shall be securely fixed or lashed or be firmly held by a second person.

4.—(1) A belt shall not be handled at a moving pulley for the purpose of mounting or shipping it on to the pulley unless—

(a) the belt is less than six inches in width,

(b) it has already been used for driving on that pulley,

(c) the belt joint is either laced or flush with the belt or secured by an approved method,

(d) the belt, joint and pulley-rim are in good repair,

(e) there is reasonable clearance between the pulley and any fixed plant or structure,

(f) the operator has a secure foothold and where necessary secure handhold.

(2) All belts which are in use in the processes specified in the schedule to these regulations and which are liable to be handled at a moving pulley shall be inspected daily by a competent person with a view to ascertaining whether the belt requites repair or replacement ; and such inspection, if made when the belt or any adjacent machinery is in motion, shall be made from a safe position. Any repair or replacement of such a belt found by such inspection to be necessary shall be carried out as soon as practicable.

5. Every machinery attendant when carrying out any operation to which Regulations 3 and 4 of these Regulations apply shall—

(a) wear the overall required by subparagraph (b) of paragraph (4) of Regulation 3 of these Regulations in such a manner as to cover completely all loose ends of other clothing, and

(b) make proper use of any appliances provided for the safe carrying out of any such operation.

SCHEDULE.

1. All processes in the manufacture of—

(a) beet sugar,

(b) paper or paper-board,

(c) viscose transparent paper or film,

(d) flour from wheat,

(e) provender and compound foodstuffs for animal feeding,

(f) sodium carbonate by the ammonia soda or Solvay process

(g) caustic soda by the ammonia soda or Solvay process, or by continuous causticising,

(h) sulphur dioxide,

(i) sodium hyposulphite (" hydrosulphite ") or sodium sulphoxylate,

(j) inlaid linoleum.

2. All processes in the milling of cereals, seeds or nuts.

3. All processes in the extraction of oil or other similar products from cereals or seeds.

4. The filtering process in the manufacture of sulphate of ammonia.

5. The phosphate reaction pumping process in the manufacture of concentrated fertiliser.

6. The electrolytic process for the manufacture of metallic sodium as regards the operation of dredging the sodium cells.

7. The electrolytic process for the manufacture of caustic soda.

8. Any manufacturing process in which a mixture of nitric and sulphuric acids is employed and where risk of fire or explosion would arise if the transmission machinery were stopped.

9. The reducing, volatilising and decomposing processes in the production of nickel.

10. Any process in the manufacture of phosphorus halides directly from phosphorus involving risk of considerable rise in temperature and of evolution of toxic gases if the transmission machinery were stopped.

11. The process of enamelling wire including re-winding after enamelling.

12. The kier process in the manufacture of aluminium from bauxite.

GIVEN under my Official Seal, this 4th day of July, 1956.

WILLIAM NORTON,

Minister for Industry and Commerce.