S.I. No. 242/1972:

FACTORIES (CARCINOGENIC SUBSTANCES) (PROCESSES) REGULATIONS, 1972.

FACTORIES (CARCINOGENIC SUBSTANCES) (PROCESSES) REGULATIONS, 1972.

ARRANGEMENT OF REGULATIONS.

PART I.

INTERPRETATION AND GENERAL.

Regulation

1.--Citation and Commencement

2.--Interpretation

3.--Application

PART II.

PROHIBITED SUBSTANCES.

4.--Application of Part II to Prohibited Substances

5.--Prohibition of employment in the manufacture and use of prohibited substances

6.--Exemptions

PART III.

CONTROLLED SUBSTANCES.

7.--Application of Part III to Controlled Substances

8.--Compliance with requirements of regulations by occupier

9.--Protection of persons employed

10.--Medical Examination

11.--Duty of occupier in giving cautionary notice to persons leaving employment

PART IV.

INSTRUCTION AND DUTIES OF PERSONS EMPLOYED.

12.--Instruction of persons employed

13.--Duties of persons employed

First Schedule-- Register of Persons subject to Medical Examination

Second Schedule-- Notice to Persons leaving employment

S.I. No. 242 of 1972.

FACTORIES (CARCINOGENIC SUBSTANCES) (PROCESSES) REGULATIONS, 1972.

I, JOSEPH BRENNAN, Minister for Labour, in exercise of the powers conferred on me by sections 6 , 20 , 71 and 99 of the Factories Act, 1955 (No. 10 of 1955) and the Labour (Transfer of Departmental Administration and Ministerial Functions) Order, 1966, ( S.I. No. 164 of 1966 ), after consultation with the Minister for Health, and after due compliance with the provisions of the Third Schedule to that Act, hereby make the following regulations:

PART I. INTERPRETATION AND GENERAL.

1. (1) These Regulations may be cited as the Factories (Carcinogenic Substances) (Processes) Regulations, 1972.

(2) These Regulations shall come into operation on the 1st day of January, 1973.

2. In these Regulations--

"appointed doctor" in relation to any factory means

(a) the certifying doctor for the district in which the factory is situated, or

(b) a registered medical practitioner specially appointed by written certificate of the Minister for the purposes of these Regulations;

"approved" means approved for the time being by the Minister;

"controlled substances" means alpha-naphthylamine (other than alpha-naphthylamine containing, as a by-product of a chemical reaction, more than one per cent of beta-naphthylamine), ortho-tolidine, dianisidine, dichlorbenzidine and their salts, auramine and magenta;

"factory" includes any premises or place to which the provisions of Part V of the Act with respect to special regulations for safety and health are applied as if it were a factory;

"prohibited substances" means beta-naphthylamine, benzidine, 4-aminodiphenyl, 4-nitrodiphenyl and their salts and any substances containing any of the foregoing.

3. These Regulations shall apply to every factory.

PART II PROHIBITED SUBSTANCES.

4. (1) This Part of the these Regulations shall, subject to paragraph (2) of this regulation, apply to prohibited substances.

(2) This Part of these Regulations shall not apply--

(a) to any chemical compound to which Part III of these Regulations applies, or

(b) in any case where all or any one or more of the prohibited substances is present, as a by-product of a chemical reaction, in any other substances in a total concentration not exceeding one per cent.

5. (1) A person shall not be employed in connection with--

(a) the manufacture of prohibited substances, or

(b) any process in the course of which prohibited substances are formed.

(2) Prohibited substances shall not be brought into or used in a factory.

6. The Minister may (subject to such conditions 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 Regulations any factory where he is satisfied that the requirements in respect of which the exemption is granted are not necessary for the protection of persons employed in that factory or are impractical.

PART III. CONTROLLED SUBSTANCES.

7. This Part of these Regulations applies to controlled substances.

8. The requirements of these Regulations shall be complied with by the occupier of a factory in which any person is employed in connection with--

(a) the manufacture of controlled substances,

(b) any process in the course of which controlled substances are formed, or

(c) any process in the course of which controlled substances (other than auramine and magenta) are used.

9. (1) Adequate measures shall be taken to prevent persons employed--

(a) in any manufacture or process to which Regulation 8 of these Regulations applies,

(b) in the storage or movement within a factory of controlled substances in connection with any such manufacture or process, or

(c) in the maintenance or cleaning of plant or the cleaning of containers, stores or workrooms in connection with any such manufacture or process,

being exposed to the risk of inhaling, ingesting or otherwise absorbing any of the said substances.

(2) Every controlled substance in a factory shall (except when in course of manufacture or use) be kept in a closed receptacle legibly marked with the name of the controlled substance or the names of the controlled substances it contains and every receptacle containing any controlled substance (being a receptacle in which the controlled substance is received in a factory or in which it is to be despatched from a factory) shall be a closed receptacle so marked.

10. (1) Every person who is employed in any manufacture, process or work referred to in Regulation 9 (1) of these Regulations shall be medically examined by the appointed doctor within six months of being first so employed in a factory, and be re-examined at intervals of not more than six months so long as his employment in the factory continues.

(2) Every medical examination under paragraph (1) of this Regulation shall include exfoliative cytology of the urine.

(3) Save where otherwise authorised or directed in writing by the Minister, any medical examination by the appointed doctor for the purposes of these Regulations, shall take place at the factory and due notice of the examination shall be given to the person who is to be examined.

(4) It shall be the duty of persons employed in a factory, who are, or have been, employed therein in any manufacture, process or work referred to in Regulation 9 (1) of these Regulations to submit themselves for medical examination by the appointed doctor at the appointed time and to provide samples of urine as necessary so that the requirements of paragraph (2) of this regulation may be complied with.

(5) A register in the form and containing the particulars specified in the First Schedule to these Regulations shall be kept in respect of each person who is required to be medically examined for the purposes of these Regulations. The said Register shall be preserved in the factory or in such place outside the factory as may be approved and shall be kept available for inspection by an Inspector or by the appointed doctor for at least 20 years from the date of the medical examination.

(6) For the purpose of medical examinations conducted at a factory in pursuance of these Regulations, the occupier shall provide, for the exclusive use of the appointed doctor, on the occasion of the examination, a room properly cleaned and adequately warmed and lighted and furnished with a screen, a table with writing materials, chairs, an examination couch, and a wash basin with a supply of clean running hot and cold or warm water.

11. The occupier of a factory shall give to every person, who was engaged in any manufacture, process or work referred to in Regulation 9 (1) of these Regulations on the termination of that person's employment in the factory, the notice specified in the Second Schedule to these Regulations.

PART IV. INSTRUCTION AND DUTIES OF PERSONS EMPLOYED.

12. A person shall not be employed in any process, operation or work in connection with controlled substances, unless he has received and, where necessary, continues to receive, adequate training and instruction before and during such employment in the precautions to be taken for his protection in relation to his health and safety.

13. (1) Every person, employed in any process, operation, or work in connection with controlled substances, who notices that any other person is or has been exposed to the risk of inhaling, ingesting or absorbing controlled substances shall either--

(a) take all necessary steps to remedy the matter if it is within the scope of his duty, or

(b) report the matter forthwith to the occupier or employer, as the case may be.

(2) Every person employed in a factory shall comply with any direction given him by the occupier or employer, as the case may be, for the purpose of fulfilling the requirements of these Regulations.

FIRST SCHEDULE.

Factories (Carcinogenic Substances) (Processes) Regulations, 1972

Register of Persons Subject to Medical Examinations

Record of 6-Monthly Medical Examinations

Periods of Employment in Connection with Controlled Substances

NOTES

1. This form has been prepared so that the pages can be filed in alphabetical order in a loose-leaf binder.

2. Medical examinations of persons who are or have been employed in controlled processes are required at intervals of not more than six months for as long as they continue working in the same factory. The medical examination includes exfoliative cytology of the urine.

3. Employed persons are required to submit themselves for medical examination at the appointed time and to provide a urine sample.

4. The occupier is required to provide for the exclusive use of the appointed doctor when he makes the examination, a clean room adequately warmed, lighted and furnished and containing a wash-basin with running hot and cold water.

SECOND SCHEDULE

Factories (Carcinogenic Substances) (Processes) Regulations, 1972

Notice to Persons Leaving Employment

1. For Information of Person Leaving Employment

During your employment at this factory you may have worked in a process coming under the control of these Regulations i.e. in the manufacture or use of alpha-naphthylamine, beta-naphthylamine, benzidine, 4-aminodiphenyl, 4-nitrodiphenyl, ortho-tolidine, dianisidine, dichlorbenzidine and their salts and the manufacture of auramine and magenta. A few people who have worked in these processes may develop tumours of the bladder, but the tumours are not necessarily malignant, at any rate in the early stages. These tumours may be detected before illness develops by a urine test. When detected in this way the probability of a cure after treatment is good. This test has been included in the regular medical examination which you have had during your period of employment here.

Tumours may develop after many years. Therefore although you are leaving this employment you are strongly advised to continue to have the test at regular intervals of six months from now on.

You may have been told of arrangements made for you to continue to have the test; if not you should consult your family doctor about arrangements for you to be referred to an appropriate hospital or centre for the test. Show this notice to your family doctor.

2. For Information of Medical Practitioner

Exfoliative cytology is available at certain laboratories. It offers a reliable means of presymptomatic detection of tumours of the bladder which if treated at this stage, carry a good prognosis. The test should be repeated at least every six months indefinitely.

3. For Completion by Employer.

This notice was issued on (date)............................................................ ...............................

to (full name)............................................................ ...........................................................

who has been employed at the following factory (full name of employer and address of factory)

............................................................ ............................................................ ...................

............................................................ ............................................................ ...................

............................................................ ............................................................ ...................

............................................................ ............................................................ ...................

............................................................ ............................................................ ...................

Period of employment at the above factory

.......................................................... to ............................................................ .................

Signature of Employer or Agent............................................................ .................................

GIVEN under my Official Seal, this 27th day of September, 1972.

JOSEPH BRENNAN,

Minister for Labour.

EXPLANATORY NOTE

These regulations prohibit the employment of persons in the manufacture of certain carcinogenic substances and prescribe measures to be adopted to protect workers from hazards arising from other such substances.