Workplace Safety and Health (General Provisions) Regulations

Toxic dust, fumes or other contaminants

39.—(1) Where any process or work carried on in any factory is likely to produce or give off any toxic dust, fumes or other contaminants, all reasonably practicable measures shall be taken to —

(a)	prevent their accumulation in the factory; and
(b)	protect persons at work in the factory against inhalation of the toxic dust, fumes or other contaminants.

(2) The measures to be taken under paragraph (1) shall, where appropriate, include one or more of the following:

(a)	carrying out the process or work in isolated areas where persons not connected with the process or work are prohibited from being present;
(b)	carrying out the process or work in closed vessels or systems to prevent persons at work in the factory from coming into contact with the toxic dust, fumes or other contaminants;
(c)	providing adequate ventilation to dilute the toxic dust, fumes or other contaminants;
(d)	providing local exhaust ventilation to remove the toxic dust, fumes or other contaminants at their sources of emission; and
(e)	carrying out the process or work wet.

(3) The local exhaust ventilation system referred to in paragraph (2)(d) shall be so designed, constructed, operated and maintained that the toxic dust, fumes or other contaminants are safely and effectively removed at the source of generation and are 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 factory shall be removed by washing, vacuum cleaning or other suitable means in a manner that will not make the toxic 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 place of work in which toxic substances are manufactured, handled, used or given off shall be tested by a competent person at sufficient intervals to ensure that toxic dust, fumes, gases, fibres, mists or vapours are not present in quantities liable to injure the health of persons at work.

(7) Notwithstanding paragraph (6), the Commissioner may, by order in writing, require the occupier of a factory to engage a competent person —

(a)	to monitor, test or assess the environment of any factory for potential health hazards; and
(b)	to take air samples in the breathing zone of the persons who are exposed to toxic dust, fume or other contaminants by using appropriate personal sampling equipment.

(8) A record of the result of every test carried out under paragraphs (6) and (7) shall be kept available for inspection by an inspector for at least 5 years from the date of the test or such other period as the Commissioner may specify in writing.

(9) Paragraphs (1), (2), (6) and (7) shall not apply to any factory where —

(a)	it is impracticable to comply with such requirements; and
(b)	suitable air-supplied breathing apparatus is used by every person at the factory.

(10) The air-supplied breathing apparatus used under paragraph (9) shall be supplied with air —

(a)	of a temperature and humidity comfortable for breathing; and
(b)	which has been suitably treated to remove particles of any material, oil mist, vapour, odour, carbon monoxide and carbon dioxide.

(11) It shall be the duty of the occupier of a factory to comply with paragraphs (1) to (6), (8) and (10).

(12) It shall be the duty of a competent person to exercise all due diligence in conducting any test under this regulation.

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