Clause 22

Where, in connection with any process or work carried on in any factory, there is produced or given off any toxic, irritating or offensive dust, fume or other contaminants, all practicable measures shall be taken to protect persons employed against inhalation of the dust, fume or other contaminants and to prevent their accumulation in any workplace.(2) The measures to be taken under subsection (1) shall include one or more of the following where appropriate:

carrying out the process or work in isolated areas where workers not connected with the process or work are prohibited;

carrying out the process or work in closed vessels or systems to prevent persons employed from coming into contact with such contaminants;

providing adequate ventilation to dilute the contaminants;

providing local exhaust ventilation to remove the contaminants at their sources of emission; and

carrying out the process or work wet.(3) The local exhaust ventilation system referred to in subsection (2)(d) shall be so designed, constructed, operated and maintained that dust, fume or other contaminants are safely and effectively removed at the source of generation and not dispersed or scattered in the surrounding air.(4) Accumulation of toxic dust or waste on the floors, walls, work benches or other surfaces in any workplace shall be removed by washing, vacuum cleaning or other suitable means so as not to make the dust or waste airborne.(5) No stationary internal combustion engine shall be used unless provision is made for conducting the exhaust gases from the engine into the open air.(6) The atmosphere of any workplace in which dangerous or obnoxious substances are manufactured, handled, used or given off shall be tested by a competent person at sufficient intervals to ensure that toxic or irritating dusts, fumes, gases, fibres, mists or vapours are not present in quantities liable to injure the health of persons employed.(7) Notwithstanding subsection (6), the Chief Inspector may, by order in writing —

require the environment of any workplace to be monitored, tested or assessed for potential health hazards; and

require air samples to be taken in the breathing zone of the persons who are exposed to dust, fume or other contaminants by using appropriate personal sampling equipment.(8) A record of the result of every test carried out under subsections (6) and (7) shall be kept available for inspection by an inspector for at least 5 years from the date of the test.(9) The requirements of subsections (1), (2), (6) and (7) shall not apply to any workplace where it is impracticable to comply with such requirements and where suitable air-supplied breathing apparatus is used by every person at the workplace.(10) The air-supplied breathing apparatus used under subsection (9) and section 14(4) shall be supplied with air —

of a temperature and humidity comfortable for breathing; and

which has been suitably treated to remove particles of any material, oil mist, vapour, odour, carbon monoxide and carbon dioxide.(11) The Minister may, by order published in the Gazette, specify the permissible exposure levels of toxic substances in the workplace of any factory or class of factories.Toxic substances60.—

Toxic substances in a factory shall be placed under the control of a competent person who has adequate knowledge of the properties of the toxic substances and their dangers.(2) Warning notices in languages understood by the persons employed in the factory specifying the nature of the danger of the toxic substances shall be placed at all entrances to any workroom and at appropriate locations where the toxic substances are used or present.(3) Persons employed in a factory who are liable to be exposed to toxic substances shall be warned of the hazards involved and the precautionary measures to be taken.(4) Labels easily understood by persons employed in the factory shall be affixed to containers of toxic substances to warn them of the hazards involved and the precautionary measures to be taken.Material safety data sheet60A.—

Where any toxic, corrosive or inflammable substance is used, handled or stored in a factory, the occupier shall —

obtain a material safety data sheet of the substance;

assess the information in the material safety data sheet and take precautionary measures to ensure the safe use of the substance; and

make available the material safety data sheet to all persons employed in the factory who are liable to be exposed to the substance.(2) Any person who sells, or any agent of the seller who causes or procures to be sold, for use in a factory any toxic, corrosive or inflammable substance shall provide a material safety data sheet for the substance, giving an accurate and adequate description of the identity, physical and chemical properties of the substance, safety and health hazard information, precautions to be taken and safe handling information.(3) Any such person who fails to provide such a material safety data sheet or who provides inaccurate, inadequate or misleading information in a material safety data sheet shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.”.