Factories Act · 1985 Revised Edition · Part V · Safety (General Provisions)
34. Dangerous fumes and lack of oxygen
Feedback & supportLast amended by an amending law of 1978.
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 confined space, in which —
factory
“factory” means any premises in which, or within the close or curtilage or precincts of which, persons are employed in manual labour in any process for or incidental to any of the following purposes:(a)the making of any article or of part of any article;(b)the altering, repairing, ornamenting, finishing, cleaning, or washing, or the breaking up or demolition of any article; or(c)the adapting for sale of any article,being premises in which, or within the close or curtilage or precincts of which, the work is carried on by way of trade or for purposes of gain and to or over which the employer of the persons employed therein has the right of access or control.(2) Whether or not premises are factories by reason of the foregoing definition, “factory” also includes the following premises in which persons are employed in manual labour:(a)any yard or dry dock (including the precincts thereof) in which ships are constructed, reconstructed, repaired, refitted, finished or broken up;(b)any premises in which the business of sorting articles is carried on as a preliminary to the work carried on in any factory or incidentally to the purposes of any factory;(c)any premises in which the business of washing or filling bottles or containers or packing articles is carried on incidentally to the purposes of any factory;(d)any premises in which the business of hooking, plaiting, lapping, making up or packing of yarn or cloth is carried on;(e)any laundry carried on as ancillary to another business or incidentally to the purposes of any public institution;(f)any premises in which the construction, reconstruction or repair of locomotives, aircraft, vehicles or other plant for use for transport purposes is carried on as ancillary to a transport undertaking or other industrial or commercial undertaking, not being any premises used for the purpose of housing locomotives, aircraft or vehicles where only cleaning, washing, running repairs or minor adjustments are carried out;(g)any premises in which printing by letter press, lithography, photogravure, or other similar process, or bookbinding is carried on by way of trade or for purposes of gain or incidentally to another business so carried on;(h)any premises in which the making, adaptation or repair of dresses, scenery or properties is carried on incidentally to the production, exhibition or presentation by way of trade or for purposes of gain of cinematograph films or theatrical performances, not being a stage or dressing-room of a theatre in which only occasional adaptations or repairs are made;(i)any premises in which the business of making or mending nets is carried on incidentally to the fishing industry;(j)any premises in which mechanical power is used in connection with the making or repair of any article incidentally to any business carried on by way of trade or for purposes of gain;(k)any premises in which the production of cinematograph films is carried on by way of trade or for purposes of gain, so however that the employment at any such premises of theatrical performers and of attendants on such theatrical performers shall not be deemed to be employment in a factory;(l)any premises in which articles are made or prepared incidentally to the carrying on of building operations or works of engineering construction, not being premises in which such operations or works are being carried on;(m)any premises used for the storage of gas in a gas-holder having a storage capacity of not less than 140 cubic metres;(n)any premises in which persons are employed in or in connection with the generating of electrical energy for supply by way of trade, or for supply for the purposes of any industrial or commercial undertaking or of any public building or public institution, or for supply to streets or other public places;(o)any premises in which mechanical power is used for the purposes of or in connection with a water supply, being premises in which persons are regularly employed;(p)any sewage works in which mechanical power is used and any pumping station used in connection therewith;(q)any premises in which building operations or works of engineering construction are being carried on.(3) Any line or siding, which is used in connection with and for the purposes of a factory, shall be deemed to be part of the factory; and if any such line or siding is used in connection with more than one factory belonging to different occupiers, the line or siding shall be deemed to be a separate factory.(4) Any workplace in which, with the permission of or under agreement with the owner or occupier, 10 or more persons carry on any work which would constitute the workplace a factory if the persons working therein were in the employment of the owner or occupier of the workplace, shall be deemed to be a factory for the purposes of this Act, and, in the case of any such workplace, the provisions of this Act shall apply as if the owner or occupier of the workplace were the occupier of the factory and the persons working therein were persons employed in the factory.(5) No premises shall be deemed to be a factory in which less than 10 persons are employed and in which —(a)no mechanical power, steam boiler, steam container, steam receiver, cast-iron underfired vulcaniser, air receiver, refrigerating plant pressure receiver or gas plant is used; and(b)no highly inflammable or noxious substance is manipulated, used or created.(6) Where a place situated within the close, curtilage or precincts forming a factory is solely used for some purpose other than the processes carried on in the factory, that place shall not be deemed to form part of the factory for the purposes of this Act, but shall, if otherwise it would be a factory, be deemed to be a separate factory.(7) A part of a factory may, with the approval in writing of the Chief Inspector, be deemed to be a separate factory; and two or more factories may, with the approval in writing of the Chief Inspector, be deemed to be a single factory.(8) Premises shall not be excluded from the definition of a factory by reason only that they are open air premises.(9) Any premises belonging to or in the occupation of the Government or of any statutory board or body shall not be deemed not to be a factory, and any premises in which building operations or works of engineering construction are carried on by or on behalf of the Government or any such board or body shall not be excluded from the operation of this Act by reason only that the work carried on thereat is not carried on by way of trade or for purposes of gain. Subject to this section,
dangerous fumes are liable to be present to such an extent as to involve risk of persons being overcome thereby; or
the supply of air is inadequate, or is likely to be reduced to be inadequate, for sustaining life.
The confined space shall, unless there is other adequate means of ingress, be provided with a manhole, which may be rectangular, oval or circular in shape, and shall be not less than 457 millimetres long and 406 millimetres wide or (if circular) not less than 457 millimetres in diameter, or in the case of tank wagons and other mobile plant, not less than 406 millimetres long and 355 millimetres wide or (if circular) not less than 406 millimetres in diameter.
Subject to subsection (4), no person shall enter or remain and no person shall require, instruct or direct any person to enter or remain in the confined space for any purpose unless the person entering or remaining in the confined space is wearing a suitable breathing apparatus and has been authorised to enter by a competent 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.
Where the confined space has been certified by a competent 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 no person shall enter or remain in the space unless he has been warned when that period will expire.
A confined space shall not be certified under subsection (4) unless —
effective steps have been taken to prevent any ingress of dangerous fumes;
any sludge or other deposit liable to give off dangerous fumes has been removed and the space contains no other material liable to give off dangerous fumes; and
the space has been adequately ventilated and tested for dangerous fumes and has a supply of air adequate to sustain life,but no account shall be taken for the purposes of paragraph (b) of any deposit or other material liable to give off dangerous fumes in insignificant quantities only.
A record shall be kept of every test made pursuant to subsection (5) and be kept available at all times for inspection.
There shall be provided and kept readily available a sufficient supply of suitable breathing apparatus, of belts and ropes, and of suitable reviving apparatus and oxygen, and the apparatus, belts and ropes shall be maintained and shall be thoroughly 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.
maintained
“maintained” means maintained in an efficient state, in efficient working order and in good repair;
A sufficient number of the persons employed shall be trained and practised in the use of the apparatus mentioned in subsection (7) and in a method of restoring respiration.
No person shall enter or remain in, and no person shall require, permit or direct any other person to 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 —
he is wearing a suitable breathing apparatus; or
the space has been and remains adequately ventilated and a competent person has tested and certified it as containing an adequate supply of oxygen and safe for entry without breathing apparatus.