FACTORIES AND INDUSTRIAL UNDERTAKINGS (ASBESTOS) SPECIAL REGULATIONS - CHAPTER 59X FACTORIES AND INDUSTRIAL UNDERTAKINGS (ASBESTOS) SPECIAL REGULATIONS - LONG TITLE Empowering section (Repealed L.N. 74 of 1997) VerDate:01/09/1997 FACTORIES AND INDUSTRIAL UNDERTAKINGS (ASBESTOS) SPECIAL - LONG TITLE Empowering section VerDate:30/06/1997 (Cap. 59 section 7(2) and (5)) [1 August 1986] (L.N. 160 of 1986) (L.N. 35 of 1986) FACTORIES AND INDUSTRIAL UNDERTAKINGS (ASBESTOS) SPECIAL REGULATIONS - REGULATION 1 (Repealed L.N. 74 of 1997) VerDate:01/09/1997 FACTORIES AND INDUSTRIAL UNDERTAKINGS (ASBESTOS) SPECIAL - REGULATION 1 Citation VerDate:30/06/1997 PART I PRELIMINARY These regulations may be cited as the Factories and Industrial Undertakings (Asbestos) Special Regulations. (Enacted 1986) FACTORIES AND INDUSTRIAL UNDERTAKINGS (ASBESTOS) SPECIAL REGULATIONS - REGULATION 2 (Repealed L.N. 74 of 1997) VerDate:01/09/1997 FACTORIES AND INDUSTRIAL UNDERTAKINGS (ASBESTOS) SPECIAL - REGULATION 2 Interpretation VerDate:30/06/1997 (1) In these regulations, unless the context otherwise requires- "asbestos" (石棉) means any of the minerals crocidolite, amosite, chrysotile, fibrous actinolite, fibrous anthophyllite, fibrous tremolite, and any substance containing such minerals; (L.N. 387 of 1987) "asbestos process" (石棉工序) means any process involving asbestos or any article composed wholly or partly of asbestos; "maintained" (維修、保持) means maintained in efficient working order and good repair; "protective clothing" (防護衣物) means clothing which when worn is impervious to asbestos dust; "respiratory protective equipment" (呼吸防護設備) means respiratory protective equipment that complies with Part IV. (2) References in these regulations to asbestos dust are references to dust consisting of or containing asbestos to an extent likely to cause injury to the health of any person employed in an industrial undertaking. (Enacted 1986) "asbestos" (石棉) "asbestos process" (石棉工序) "maintained" (維修、保持) "protective clothing" (防護衣物) "respiratory protective equipment" (呼吸防護設備) FACTORIES AND INDUSTRIAL UNDERTAKINGS (ASBESTOS) SPECIAL REGULATIONS - REGULATION 3 (Repealed L.N. 74 of 1997) VerDate:01/09/1997 FACTORIES AND INDUSTRIAL UNDERTAKINGS (ASBESTOS) SPECIAL - REGULATION 3 Notification VerDate:30/06/1997 Before a proprietor of an industrial undertaking first begins after the commencement of these regulations to use an asbestos process he shall give not less than 28 days' written notice, or such shorter notice as the Commissioner may agree to accept, of the date on which and of the address at which he will begin to do so. (Enacted 1986) FACTORIES AND INDUSTRIAL UNDERTAKINGS (ASBESTOS) SPECIAL REGULATIONS - REGULATION 4 (Repealed L.N. 74 of 1997) VerDate:01/09/1997 FACTORIES AND INDUSTRIAL UNDERTAKINGS (ASBESTOS) SPECIAL - REGULATION 4 Exhaust ventilation VerDate:30/06/1997 PART II EXHAUST VENTILATION AND PROTECTIVE EQUIPMENT (1) A proprietor of an industrial undertaking shall not use any asbestos process unless in connection with the use of that process he provides, maintains and uses equipment which produces an exhaust draught which prevents the entry of asbestos dust into the air. (2) The equipment mentioned in paragraph (1) shall, while any work of maintenance or repair to any machinery, apparatus or other plant or equipment used for the purpose of an asbestos process is being carried on, be used to produce an exhaust draught which prevents the entry of asbestos dust into the air. (3) Nothing in this regulation shall relieve any person from any obligation imposed upon him by the Air Pollution Control Ordinance (Cap. 311). (Enacted 1986) FACTORIES AND INDUSTRIAL UNDERTAKINGS (ASBESTOS) SPECIAL REGULATIONS - REGULATION 5 (Repealed L.N. 74 of 1997) VerDate:01/09/1997 FACTORIES AND INDUSTRIAL UNDERTAKINGS (ASBESTOS) SPECIAL - REGULATION 5 Offences in respect of exhaust ventilation VerDate:30/06/1997 (1) A proprietor of an industrial undertaking who uses an asbestos process and fails to comply with regulation 4(1) commits an offence and is liable to a fine of $50000. (2) A proprietor of an industrial undertaking who uses an asbestos process and fails to comply with regulation 4(2) commits an offence and is liable to a fine of $50000. (Enacted 1986. L.N. 49 of 1994) FACTORIES AND INDUSTRIAL UNDERTAKINGS (ASBESTOS) SPECIAL REGULATIONS - REGULATION 6 (Repealed L.N. 74 of 1997) VerDate:01/09/1997 FACTORIES AND INDUSTRIAL UNDERTAKINGS (ASBESTOS) SPECIAL - REGULATION 6 Defence to a charge under regulation 5 VerDate:30/06/1997 (1) It shall be a defence to a charge under regulation 5(1) to prove that the asbestos process was used in such a manner as to be as safe as it would have been if regulation 4(1) had been complied with. (2) It shall be a defence to a charge under regulation 5(1) or (2) to prove that- (a) it was impracticable to comply with regulation 4(1) or (2) as the case may be; (b) there had been provided and maintained for the use of each person employed in connection with the asbestos process and in any place into which asbestos dust from that asbestos process was liable to escape- (i)respiratory protective equipment; and (ii) protective clothing; and (c) that equipment and clothing were used by the persons referred to in sub-paragraph (b). (Enacted 1986) FACTORIES AND INDUSTRIAL UNDERTAKINGS (ASBESTOS) SPECIAL REGULATIONS - REGULATION 7 (Repealed L.N. 74 of 1997) VerDate:01/09/1997 FACTORIES AND INDUSTRIAL UNDERTAKINGS (ASBESTOS) SPECIAL - REGULATION 7 Duty to keep plant and premises clean VerDate:30/06/1997 PART III CLEANLINESS OF PLANT AND PREMISES A proprietor of an industrial undertaking who uses an asbestos process shall ensure that all- (a) machinery, apparatus, work benches and other plant and equipment used in that asbestos process; (b) external surfaces of any exhaust ventilation equipment provided under regulation 4; and (c) floors, inside walls, ceilings, ledges and other internal surfaces of any part of a building in which that asbestos process is used or into which asbestos dust from the use of that asbestos process is liable to escape, are kept in a clean state and free from asbestos waste and dust. (Enacted 1986) FACTORIES AND INDUSTRIAL UNDERTAKINGS (ASBESTOS) SPECIAL REGULATIONS - REGULATION 8 (Repealed L.N. 74 of 1997) VerDate:01/09/1997 FACTORIES AND INDUSTRIAL UNDERTAKINGS (ASBESTOS) SPECIAL - REGULATION 8 Method of cleaning VerDate:30/06/1997 The cleaning required by regulation 7 shall be carried out- (a) by means of vacuum cleaning equipment; or (b) by such other method, so designed, constructed and used that asbestos dust neither escapes, nor is discharged, into the air. (Enacted 1986) FACTORIES AND INDUSTRIAL UNDERTAKINGS (ASBESTOS) SPECIAL REGULATIONS - REGULATION 9 (Repealed L.N. 74 of 1997) VerDate:01/09/1997 FACTORIES AND INDUSTRIAL UNDERTAKINGS (ASBESTOS) SPECIAL - REGULATION 9 Offence in respect of cleaning VerDate:30/06/1997 (1) A proprietor of an industrial undertaking who uses an asbestos process and fails to comply with regulation 7 commits an offence and is liable to a fine of $50000. (2) A proprietor of an industrial undertaking who uses an asbestos process and carries out the cleaning required by regulation 7 otherwise than in accordance with regulation 8 commits an offence and is liable to a fine of $50000. (L.N. 49 of 1994) FACTORIES AND INDUSTRIAL UNDERTAKINGS (ASBESTOS) SPECIAL REGULATIONS - REGULATION 10 (Repealed L.N. 74 of 1997) VerDate:01/09/1997 FACTORIES AND INDUSTRIAL UNDERTAKINGS (ASBESTOS) SPECIAL - REGULATION 10 Defence to a charge under regulation 9(2) VerDate:30/06/1997 It shall be a defence to a charge under regulation 9(2) to prove that- (a) it was impracticable to use either of the methods of cleaning mentioned in regulation 8; and (b) during the cleaning required by regulation 7- (i) respiratory protective equipment and protective clothing had been provided for the use of, and were used by, every person present and likely to be affected while such cleaning was being carried out; and (ii) any surface on which asbestos waste or dust was deposited as a result of the carrying out of the cleaning, not being a surface of the cleaning equipment used, was cleaned forthwith. (Enacted 1986) FACTORIES AND INDUSTRIAL UNDERTAKINGS (ASBESTOS) SPECIAL REGULATIONS - REGULATION 11 (Repealed L.N. 74 of 1997) VerDate:01/09/1997 FACTORIES AND INDUSTRIAL UNDERTAKINGS (ASBESTOS) SPECIAL - REGULATION 11 Maintenance and cleanliness of vacuum cleaning equipment VerDate:30/06/1997 A proprietor of an industrial undertaking who uses an asbestos process shall ensure that any vacuum cleaning equipment used for the cleaning required by regulation 7 is maintained and that all its external surfaces are kept in a clean state and free from asbestos waste and dust. (Enacted 1986) FACTORIES AND INDUSTRIAL UNDERTAKINGS (ASBESTOS) SPECIAL REGULATIONS - REGULATION 12 (Repealed L.N. 74 of 1997) VerDate:01/09/1997 FACTORIES AND INDUSTRIAL UNDERTAKINGS (ASBESTOS) SPECIAL - REGULATION 12 Notification of approval of respiratory protective equipment VerDate:30/06/1997 PART IV RESPIRATORY PROTECTIVE EQUIPMENT AND PROTECTIVE CLOTHING The Commissioner for Labour may for the purposes of these regulations approve any type of respiratory protective equipment and may notify his approval by notification published in the Gazette. (Enacted 1986) FACTORIES AND INDUSTRIAL UNDERTAKINGS (ASBESTOS) SPECIAL REGULATIONS - REGULATION 13 (Repealed L.N. 74 of 1997) VerDate:01/09/1997 FACTORIES AND INDUSTRIAL UNDERTAKINGS (ASBESTOS) SPECIAL - REGULATION 13 Requirements relating to use of respiratory protective equipment VerDate:30/06/1997 No proprietor of an industrial undertaking who uses an asbestos process shall- (a) provide respiratory protective equipment for the use of any person which has been used by another person, unless it has first been thoroughly cleaned and disinfected; or (b) employ any person to perform any work for which respiratory protective equipment is required to be provided unless that person has been fully instructed in the proper use of that equipment. (Enacted 1986) FACTORIES AND INDUSTRIAL UNDERTAKINGS (ASBESTOS) SPECIAL REGULATIONS - REGULATION 14 (Repealed L.N. 74 of 1997) VerDate:01/09/1997 FACTORIES AND INDUSTRIAL UNDERTAKINGS (ASBESTOS) SPECIAL - REGULATION 14 Accommodation for protective clothing, etc. VerDate:30/06/1997 Where a proprietor of an industrial undertaking who uses an asbestos process provides respiratory protective equipment or protective clothing as required by these regulations he shall- (a) provide and maintain suitable accommodation, in a position conveniently accessible to the place where the asbestos process is used- (i) for the use of persons putting on or taking off that respiratory protective equipment or protective clothing; and (ii) for the storage of the equipment and clothing when it is not in use; (b) ensure that respiratory protective equipment and protective clothing is put on or taken off only in the accommodation provided under paragraph (a)(i); (c) ensure that, except when it is necessary for it to be removed for cleaning or replacement, respiratory protective equipment and protective clothing provided by him is, when not being used, kept in the accommodation provided under paragraph (a)(ii); (d) ensure that protective clothing provided for the use of any person is not used by any other person; (e) provide and maintain suitable facilities for the cleaning of protective clothing; and (f) ensure that all protective clothing provided under these regulations is cleaned after each occasion when it is used, in facilities provided under paragraph (e). (Enacted 1986) FACTORIES AND INDUSTRIAL UNDERTAKINGS (ASBESTOS) SPECIAL REGULATIONS - REGULATION 15 (Repealed L.N. 74 of 1997) VerDate:01/09/1997 FACTORIES AND INDUSTRIAL UNDERTAKINGS (ASBESTOS) SPECIAL - REGULATION 15 Offence in respect of the use of equipment or provision of facilities VerDate:30/06/1997 (1) A proprietor of an industrial undertaking who uses an asbestos process and fails to comply with any of the provisions of regulation 13 or 14 commits an offence and is liable to a fine of $50000. (L.N. 49 of 1994) (2) It shall be a defence to a charge under this regulation alleging a failure to comply with paragraph (d) of regulation 14 to prove that it was impracticable to comply with that paragraph. (Enacted 1986) FACTORIES AND INDUSTRIAL UNDERTAKINGS (ASBESTOS) SPECIAL REGULATIONS - REGULATION 16 (Repealed L.N. 74 of 1997) VerDate:01/09/1997 FACTORIES AND INDUSTRIAL UNDERTAKINGS (ASBESTOS) SPECIAL - REGULATION 16 Storage VerDate:30/06/1997 PART V STORAGE AND DISTRIBUTION All loose asbestos shall, when not in use in an asbestos process, be kept in a closed receptacle which prevents the escape of asbestos dust therefrom. (Enacted 1986) FACTORIES AND INDUSTRIAL UNDERTAKINGS (ASBESTOS) SPECIAL REGULATIONS - REGULATION 17 (Repealed L.N. 74 of 1997) VerDate:01/09/1997 FACTORIES AND INDUSTRIAL UNDERTAKINGS (ASBESTOS) SPECIAL - REGULATION 17 Distribution VerDate:30/06/1997 No loose asbestos or asbestos waste shall be- (a) received at or despatched from any place except in a receptacle which is closed in a manner which prevents the escape of asbestos dust therefrom; (b) distributed within a place except in a receptacle of the type referred to in paragraph (a) or in a system of conveyance which is enclosed in a manner which prevents the escape of asbestos dust therefrom. (Enacted 1986) FACTORIES AND INDUSTRIAL UNDERTAKINGS (ASBESTOS) SPECIAL REGULATIONS - REGULATION 18 (Repealed L.N. 74 of 1997) VerDate:01/09/1997 FACTORIES AND INDUSTRIAL UNDERTAKINGS (ASBESTOS) SPECIAL - REGULATION 18 Marking of receptacles VerDate:30/06/1997 A receptacle of the type referred to in regulation 17(a) which contains loose asbestos or asbestos waste shall bear on its outside face in a conspicuous place a clear and bold notice in the following form- "DANGER-ASBESTOS DO NOT INHALE DUST ". (Enacted 1986) FACTORIES AND INDUSTRIAL UNDERTAKINGS (ASBESTOS) SPECIAL REGULATIONS - REGULATION 19 (Repealed L.N. 74 of 1997) VerDate:01/09/1997 FACTORIES AND INDUSTRIAL UNDERTAKINGS (ASBESTOS) SPECIAL - REGULATION 19 Offences in respect of storage, distribution and marking of receptacles VerDate:30/06/1997 A proprietor of the industrial undertaking who uses an asbestos process and fails to comply with regulation 16, 17 or 18 commits an offence and is liable to a fine of $50000. (Enacted 1986. L.N. 49 of 1994) FACTORIES AND INDUSTRIAL UNDERTAKINGS (ASBESTOS) SPECIAL REGULATIONS - REGULATION 20 (Repealed L.N. 74 of 1997) VerDate:01/09/1997 FACTORIES AND INDUSTRIAL UNDERTAKINGS (ASBESTOS) SPECIAL - REGULATION 20 Employment of young persons VerDate:30/06/1997 PART VI MISCELLANEOUS No proprietor of an industrial undertaking shall employ any young person- (a) in an asbestos process; (b) in carrying out any cleaning in connection with an asbestos process. (Enacted 1986) FACTORIES AND INDUSTRIAL UNDERTAKINGS (ASBESTOS) SPECIAL REGULATIONS - REGULATION 21 (Repealed L.N. 74 of 1997) VerDate:01/09/1997 FACTORIES AND INDUSTRIAL UNDERTAKINGS (ASBESTOS) SPECIAL - REGULATION 21 Medical examinations VerDate:30/06/1997 (1) No proprietor of an industrial undertaking shall employ any person in an asbestos process unless that person, within the 4 months immediately preceding the commencement of such employment, has undergone a radiographic examination of his chest and is certified upon examination by a registered medical practitioner to be fit to do such work. (2) A proprietor of an industrial undertaking shall ensure that at intervals of not more than 12 months every person employed by him in an asbestos process- (a) undergoes a radiographic examination of his chest; and (b) is certified upon examination by a registered medical practitioner to be fit to continue to do such work. (3) All records of radiographic and medical examinations required by this regulation shall be kept for 5 years by the proprietor of the industrial undertaking and shall be made available for inspection by the Commissioner when requested by him. (4) Every person employed or to be employed in any asbestos process used by the proprietor of an industrial undertaking shall, within a reasonable time after being so requested by that proprietor, present himself to a registered medical practitioner for the medical examination referred to in paragraph (1) or (2). (5) The cost of any radiographic and medical examination undergone by any person under this regulation shall be borne by the proprietor of the industrial undertaking. (Enacted 1986) FACTORIES AND INDUSTRIAL UNDERTAKINGS (ASBESTOS) SPECIAL REGULATIONS - REGULATION 22 (Repealed L.N. 74 of 1997) VerDate:01/09/1997 FACTORIES AND INDUSTRIAL UNDERTAKINGS (ASBESTOS) SPECIAL - REGULATION 22 Prohibition against spraying asbestos and the use of crocidolite and amosite VerDate:30/06/1997 No proprietor of an industrial undertaking shall- (a) employ, permit or cause any person to spray any material containing asbestos or asbestos dust; or (b) use crocidolite, amosite or any substance containing either of those minerals in any process. (Enacted 1986) FACTORIES AND INDUSTRIAL UNDERTAKINGS (ASBESTOS) SPECIAL REGULATIONS - REGULATION 23 (Repealed L.N. 74 of 1997) VerDate:01/09/1997 FACTORIES AND INDUSTRIAL UNDERTAKINGS (ASBESTOS) SPECIAL - REGULATION 23 Offences in respect of regulations 3, 11, 20, 21, 22 and 24 VerDate:30/06/1997 (1) Any person who fails to comply with regulation 3, 11, 20, 21(1), (2) or (3) or 22 commits an offence and is liable to a fine of $50000. (2) It shall be a defence to a charge under this regulation alleging the use in any process of crocidolite, amosite or any substance containing crocidolite or amosite in contravention of regulation 22 to prove that the person charged did not know that crocidolite or amosite was present in the process in question and could not by all taking reasonable steps have discovered that it was present. (71 of 1989 s. 13) (3) It shall be a defence to a charge under this regulation alleging a failure to comply with regulation 3, 11, 20 or 21(1), (2) or (3) to prove that no asbestos dust could be given off from or by the asbestos process used. (Enacted 1986. L.N. 49 of 1994) FACTORIES AND INDUSTRIAL UNDERTAKINGS (ASBESTOS) SPECIAL REGULATIONS - REGULATION 24 (Repealed L.N. 74 of 1997) VerDate:01/09/1997 FACTORIES AND INDUSTRIAL UNDERTAKINGS (ASBESTOS) SPECIAL - REGULATION 24 Transitional provisions VerDate:30/06/1997 Within 14 days of the commencement of these regulations a proprietor of an industrial undertaking who at such commencement is using an asbestos process shall give written notice to the Commissioner that he is doing so and of the address at which he is doing so. (Enacted 1986)