39.—(1) Where any process or work carried on in any workplace is likely to produce or give off any toxic dust, fumes, gas, vapour, mist, fibre or other contaminants, all reasonably practicable measures shall be taken to —| (a) | prevent their accumulation in the workplace; and [S 517/2011 wef 10/09/2011] | | (b) | protect persons at work in the workplace against exposure to the toxic dust, fumes, gas, vapour, mist, fibre or other contaminants through inhalation, ingestion or skin contact. [S 517/2011 wef 10/09/2011] |
(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 workplace from coming into contact with the toxic dust, fumes, gas, vapour, mist, fibre or other contaminants; [S 517/2011 wef 10/09/2011] | | (c) | providing adequate ventilation to dilute the fumes, gas, vapour, mist, fibre or other contaminants; [S 517/2011 wef 10/09/2011] | | (d) | providing local exhaust ventilation to remove the toxic dust, fumes, gas, vapour, mist, fibre or other contaminants at their sources of emission; and [S 517/2011 wef 10/09/2011] | | (e) | carrying out the process or work wet. |
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| (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, gas, vapour, mist, fibre or other contaminants are safely and effectively removed at the source of generation and are not dispersed or scattered in the surrounding air. [S 517/2011 wef 10/09/2011] |
| (4) Accumulation of toxic dust, fibre 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 in a manner that will not make the toxic dust, fibre or waste airborne. [S 517/2011 wef 10/09/2011] |
| (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, vapours, mists or fibres are not present in quantities liable to injure the health of persons at work. [S 517/2011 wef 10/09/2011] |
(7) Notwithstanding paragraph (6), the Commissioner may, by order in writing, require the occupier of a workplace to engage a competent person —| (a) | to monitor, test or assess the environment of any workplace for potential health hazards; and [S 517/2011 wef 10/09/2011] | | (b) | to take air samples in the breathing zone of the persons who are exposed to toxic dust, fumes, gases, vapours, mists, fibres or other contaminants by using appropriate personal sampling equipment. [S 517/2011 wef 10/09/2011] |
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| (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 workplace where —| (a) | it is impracticable to comply with such requirements; and | | (b) | suitable air-supplied breathing apparatus is used by every person at the workplace. [S 517/2011 wef 10/09/2011] |
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(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. |
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| (11) It shall be the duty of the occupier of a workplace to comply with paragraphs (1) to (6), (8) and (10). [S 517/2011 wef 10/09/2011] |
| (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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