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FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 31

Dangerous fumes and lack of oxygen.

31.(1) The provisions of subsections (2) to (8) shall have effect where work
in any factory has to be done inside any chamber, tank, vat, pit, pipe, flue
or similar confined space, in which dangerous fumes are liable to be present
to such an extent as to involve risk of persons being overcome thereby.

(2) The confined space shall, unless there is other adequate means of egress,
be provided with a manhole, which may be rectangular, oval or circular in
shape, and shall be not less than eighteen inches long and sixteen inches wide
or (if circular) not less than eighteen inches in diameter, or in the case of
tank wagons and other mobile plant, not less than sixteen inches long and
fourteen inches wide or (if circular) not less than sixteen inches in
diameter.

(3) Subject to subsection (4), a person shall not enter or remain in the
confined space for any purpose unless he is wearing a suitable breathing
apparatus and has been authorised to enter by a responsible person, and, where
practicable, he is wearing a belt with a rope securely attached and a person
keeping watch outside and capable of pulling him out is holding the free end
of the rope.

(4) Where the confined space has been certified by a responsible person as
being, for a specified period, safe for entry without breathing apparatus and
the period so specified has not expired, subsection (3) shall not apply, but a
person shall not enter or remain in the space unless he has been warned when
that period will expire.

(5) A confined space shall not be certified under subsection (4) unless

(a)effective steps have been taken to prevent any ingress of dangerous fumes;
and

(b)any sludge or other deposit liable to give off dangerous fumes has been
removed and the space does not contain any other material liable to give off
dangerous fumes; and

(c)the space has been adequately ventilated and tested for dangerous fumes and
has a supply of air adequate for respiration;

(6) There shall be provided and kept readily available a sufficient supply of
breathing apparatus of a type approved by the chief inspector, of belts and
ropes, and of suitable reviving apparatus and oxygen, and the apparatus, belts
and ropes shall be maintained and shall be throughly examined, at least once a
month or at such other intervals as may be prescribed, by a competent person;
and a report on every such examination, signed by the person making the
examination and containing the prescribed particulars, shall be kept available
for inspection.

(7) A sufficient number of the persons employed shall be trained and practised
in the use of the apparatus mentioned in subsection (6) and in a method of
restoring respiration.

(8) The chief inspector may by certificate grant, subject to any conditions
specified in the certificate, exemption from compliance with any of the
requirements of the foregoing provisions of this section in any case where he
is satisfied that compliance with those requirements is unnecessary or
impracticable.

(9) A person shall not enter or remain in any confined space in which the
proportion of oxygen in the air is liable to have been substantially reduced
unless either

(a)he is wearing a suitable breathing apparatus; or

(b)the space has been and remains adequately ventilated and a responsible
person has tested and certified it as safe for entry without breathing
apparatus.

(10) Work shall not be permitted in any boiler, boiler-furnace or boiler-flue
until it has been sufficiently cooled by ventilation or otherwise to make work
safe for the persons employed.


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© 1965 Crown Copyright

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