Safety in Industry Act, 1980

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Amendment of sections 39 , 72 and 85 of Principal Act.

42.—(1) Section 39 of the Principal Act is hereby amended by—

(a) the substitution of “gas, vapour or liquid” for “gas or vapour” in each place where it occurs in subsection (3);

(b) the substitution of the following subsection for subsection (4):

“(4) Subsection (3) of this section, in so far as it applies to plant containing explosive or inflammable gas or vapour under pressure, shall not apply to plant installed in the open air.”,

and the said subsection (3), as so amended, is set out in paragraph 1 of the Table to this section.

(2) Section 72 of the Principal Act is hereby amended by—

(a) the substitution in both subsections (2) and (3) of “the State Chemist or a person who is for the time being approved for the purposes of this section by the Minister” for “the State Chemist”, and

(b) the insertion of “, other than the Minister,” before “the results” in subsection (4),

and the said subsections (2) and (3), as so amended, and the said subsection (4), as amended by this subsection and by section 56 (d) of this Act, are set out in paragraphs 2, 3 and 4, respectively, of the Table to this section.

(3) Section 85 (2) of the Principal Act is hereby amended by the substitution of “subsection (2)” for “subsection (3)”.

TABLE

1. Where any part of a plant contains any explosive or inflammable gas, vapour or liquid under pressure greater than atmospheric pressure, that part shall not be opened, except in accordance with the following provisions—

(a) before the fastening of any joint of any pipe connected with the part of the plant or the fastening of the cover of any opening into the part is loosened, any flow of the gas, vapour or liquid into the part or into any such pipe shall be effectively stopped by a stop-valve or otherwise,

(b) before any such fastening as aforesaid is removed, all practicable steps shall be taken to reduce the pressure of the gas, vapour or liquid in the pipe or part of the plant to atmospheric pressure,

and if any such fastening has been loosened or removed as aforesaid, no explosive or inflammable gas, vapour or liquid shall be allowed to enter the pipe or part of the plant until the fastening has been secured, or, as the case may be, securely replaced.

2. The occupier or the foreman or other responsible person referred to in subsection (1) of this section may, at the time when a sample is taken under this section, and on providing the necessary appliances, require the inspector to divide the sample into three parts, to mark and seal or fasten up each part in such manner as its nature permits, and—

(a) to deliver one part to the occupier, or the foreman or other responsible person,

(b) to retain one part for future comparison,

(c) to submit one part to the analyst,

and any analysis under this section shall, if so required, be carried out by or under the direction of the State Chemist or a person who is for the time being approved for the purposes of this section by the Minister.

3. A certificate purporting to be a certificate by the State Chemist or a person who is for the time being approved for the purposes of this section by the Minister as to the result of an analysis of a sample under this section shall in any proceedings under this Act be admissible as evidence of the matters stated therein, but either party may require the person by whom the analysis was made to be called as a witness.

4. It shall not be lawful for any person, except in so far as is necessary for the purposes of a prosecution for an offence under this Act, to publish or disclose to any person, other than the Minister, the results of an analysis made under this section, and if any person acts in contravention of this subsection, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding three hundred pounds.