S.I. No. 280/1979:

FACTORIES (PROTECTION OF EYES) REGULATIONS, 1979.

FACTORIES (PROTECTION OF EYES) REGULATIONS, 1979.

I, GENE FITZGERALD, Minister for Labour, in exercise of the powers conferred on me by sections 60 , 71 , 83 , 84 , 85 , 86 , 87 , 88 and 89 of the Factories Act, 1955 (No. 10 of 1955), and the Labour (Transfer of Departmental Administration and Ministerial Functions) Order, 1966 ( S.I. No. 164 of 1966 ), after consultation with the Minister for Health and after due compliance with the provisions of the Third Schedule to that Act, hereby make the following Regulations, Regulations 6 and 11 of which are made as special regulations:

1. (1) These Regulations may be cited as the Factories (Protection of Eyes) Regulations, 1979, and shall come into operation on the 31st day of August, 1979.

(2) The Factories (Protection of Eyes) Regulations, 1956 ( S.I. No. 172 of 1956 ), are hereby revoked.

2. In these Regulations--

"the Act" means the Factories Act, 1955 (No. 10 of 1955);

"approved of" means approved of for the time being by the Minister;

"employed" means employed in, at or on any factory, dock, wharf, quay, warehouse or other premises, building operation, work of engineering construction or other work to which these Regulations apply;

"eye protectors" means goggles, spectacles or face screens, being protective equipment made to be worn by a person;

"fixed shield" means a protective screen which is free-standing or which is, or is made to be, attached to machinery, plant or other equipment, or to a building or structure;

"person occasionally employed" means a person who in each week is usually employed in either or both of the following, that is to say,

( a ) any one, or more than one, of the processes specified in the First Schedule to these Regulations,

( b ) a place where there is a reasonably foreseeable risk of injury to his eyes from the carrying on of a process specified in paragraph 3 of the Second Schedule to these Regulations,

on not more than two days and for a total of not more than 15 minutes on any one day;

"process", except in this Regulation and in Regulation 6 or where the context otherwise requires, means any process which is a process specified in the First Schedule to these Regulations;

"shield" means a helmet or hand shield, being protective equipment made to be worn or held by a person.

3. These Regulations apply to--

( a ) every factory,

( b ) every dock, wharf or quay,

( c ) every premises which is a premises mentioned in either section 83 (1) or 84 (1) of the Act,

( d ) every premises in relation to which, by virtue of section 85 of the Act, the provisions of the Act mentioned in subsection (1) of that section are applied,

( e ) every warehouse which is a warehouse mentioned in subsection (1) of section 86 of the Act,

( f ) work described in section 87 (1) of the Act,

( g ) building operations described in section 88 of the Act,

( h ) works of engineering construction described in section 89 of the Act.

4. (1) The Minister may by certificate in writing (which he may in his discretion revoke at any time) exempt from any requirement of these Regulations any factory, premises, place or ship to which these Regulations apply if he is satisfied that the requirement in respect of which the exemption is granted is not necessary for the protection of persons employed or is not reasonably practicable. Where such exemption is granted a legible copy of the certificate, showing the conditions (if any) subject to which it has been granted, shall be kept posted in the factory, premises, place or ship, as the case may be, to which the exemption applies in a position where it may be conveniently read by the persons employed.

(2) An exemption under this Regulation of any factory, premises, place or ship from a requirement of Regulations 6 or 11 may be granted subject to such conditions (if any) as may be specified in the relevant certificate.

5. (1) The employer of every person who is employed at any time in a process is hereby directed to provide for the person's use--

( a ) in case the person is so employed in a process specified in Part 1 of the First Schedule to these Regulations, eye protectors,

( b ) in case the person is employed in a process specified in Part II of the said Schedule, a shield or a sufficient number of fixed shields, and

( c ) in case the person is so employed in a process specified in Part III or Part IV of the said Schedule, eye protectors or a shield or a sufficient number of fixed shields.

(2) In addition to complying with the requirements of paragraph (1) of this Regulation, where two or more persons are employed in a process specified in paragraph 6, 7 or 33 of the First Schedule to these Regulations, the employer is hereby directed where necessary and so far as is reasonably practicable, to provide fixed shields between positions which are adjacent and at each of which a person so employed is working.

6. Where any process specified in the Second Schedule to these Regulations is being carried on and persons, other than those employed in that process, are employed and by reason of the process's being carried on there is a reasonably foreseeable risk of injury to those persons' eyes, then--

( a ) in the case of a process specified in paragraph 3 of the said Second Schedule, the employer of the persons in relation to whom the said risk of injury exists is hereby directed to provide for those persons' use eye protectors or a shield or a sufficient number of fixed shields, and

( b ) in the case of any other process specified in the said Second Schedule, the employer of the persons employed in the said process is hereby directed to provide for the use of the persons mentioned in paragraph (a) of this Regulation a sufficient number of fixed shields.

7. (1) Eye protectors provided pursuant to these Regulations for persons other than persons occasionally employed shall be given by the employer into the care of each person for whom they are provided.

(2) Eye protectors provided pursuant to these Regulations for persons occasionally employed shall be sufficient in number and be maintained and kept readily available by their employer for use.

8. (1) Where consequent upon a report under Regulation 11 of these Regulations it is confirmed that eye protectors given into the care of a person pursuant to Regulation 7 of these Regulations have been lost or destroyed or are so defective as to be unsuitable for the purpose for which they were provided, the employer shall forthwith give into the care of the person (unless he has ceased to be a person to whom Regulation 5 (1) (a) or (c) or Regulation 6 (a) of these Regulations applies or has become a person occasionally employed or unless these Regulations are being complied with in his case by the provision of a shield or fixed shields) eye protectors to replace those which were lost or destroped or which are defective.

(2) Every employer shall keep available as many eye protectors as will be sufficient, so far as can reasonably be foreseen, to enable him to comply with the requirements of paragraph (1) of this Regulation and the requirements of this paragraph are in addition to the requirements of Regulation 7 (2) of these Regulations.

9. Eye protectors and shields provided pursuant to these Regulations shall--

( a ) both be serviceable and afford adequate protection as regards the eyes of the person for whose use they are provided,

( b ) be appropriate either, as may be appropriate, to the process in which the person is employed or having regard to the process from the carrying on of which there is a reasonably foreseeable risk of injury to the eyes of the said person,

( c ) be marked in such a manner and accompanied by such particulars as may be approved of in order to indicate the purpose or purposes for which the protectors or shields are designed, and

( d ) conform to any specification which may be approved of for eye protectors or shields, as the case may be, and which applies to them.

10. Fixed shields provided pursuant to these Regulations shall--

( a ) be constructed and kept in position so as to protect, as far as is practicable, the eyes of the person for whose protection they are provided, while the person is either carrying on any process or employed in a place where there is a reasonably foreseeable risk of injury to his eyes from the carrying on of a process,

( b ) be properly maintained and, if it is necessary that they should be transparent, be kept clean, and

( c ) conform to any specification which may be approved of for fixed shields which applies to them.

11. (1) It shall be the duty of every person who is provided with eye protectors or a shield pursuant to these Regulations to use the eye protectors or shield at all times while he is employed in a process or while he is employed in a place where there is a reasonably foreseeable risk of injury to his eyes from the carrying on of a process specified in paragraph 3 of the Second Schedule to these Regulations, as the case may be, except when the requirements of these Regulations are being complied with in his case by the provision of fixed shields.

(2) It shall be the duty of every person who is provided with eye protectors or a shield pursuant to these Regulations to--

( a ) take reasonable care of the said protectors or shield and refrain from wilfully misusing them or it, and

( b ) report forthwith to the employer or his agent any loss or destruction of, or any defect in, the said protectors or shield.

(3) It shall be the duty of every person for whose use a fixed shield is provided pursuant to these Regulations to make full and proper use of it.

FIRST SCHEDULE.

PROCESSES.

Part I.

1. The blasting or erosion of concrete by means of shot or other abrasive materials propelled by compressed air.

2. The cleaning of buildings or structures by means of shot or other materials propelled by compressed air.

3. Cleaning by means of high-pressure water jets.

4. The striking of masonry nails by means of a hammer or other hand tool or by means of a power driven portable tool.

5. Any work carried out with a hand-held cartridge operated tool, including the operation of loading and unloading live cartridges into such a tool, and the handling of such a tool for the purpose of maintenance, repair or examination when the tool is loaded with a live cartridge.

6. The chipping of metal, and the chipping, knocking out, cutting out or cutting off of cold rivets, bolts, nuts, lugs, pins, collars or similar articles from any structure or plant, or from part of any structure or plant, by means of a hammer, chisel, punch, or similar hand tool, or by means of a power driven portable tool.

7. The chipping or scurfing of paint, scale, slag, rust or other corrosion from the surface of metal and other hard materials by means of a hand tool or by means of a power driven portable tool or by applying articles of metal or such materials to a power driven tool.

8. The use of a high-speed metal cutting saw or an abrasive cutting off wheel or disc, which in either case is power driven.

9. The pouring or skimming of molten metal in foundries.

10. Work at a molten salt bath when the molten salt surface is exposed.

11. The operation, maintenance, dismantling or demolition of plant or any part of plant, being plant or part of plant which contains or has contained acids, alkalis, dangerous corrosive substances, whether liquid or solid, or other substances which are similarly injurious to the eyes, and which has not been so prepared (by isolation, reduction of pressure, emptying or otherwise), treated or designed and constructed as to prevent any reasonably foreseeable risk of injury to the eyes of any person engaged in any such work from any of the said contents.

12. The handling in open vessels or manipulation of acids, alkalis, dangerous corrosive materials, whether liquid or solid, and other substances which are similarly injurious to the eyes, where in any of the foregoing cases there is a reasonably foreseeable risk of injury to the eyes of any person engaged in any such work.

13. The driving in or on of bolts, pins, collars or similar articles to any structure or plant or to part of any structure or plant by means of a hammer, chisel, punch or similar hand tool or by means of a power driven portable tool, where in any of the foregoing cases there is a reasonably foreseeable risk of injury to the eyes of any person engaged in the work from particles or fragments thrown off.

14. Injection by pressure of liquids or solutions into buildings or structures or parts thereof where in the course of any such work there is a reasonably foreseeable risk of injury to the eyes of any person engaged in the work from any such liquids or solutions.

15. The breaking up of metal by means of a hammer, whether power driven or not, or by means of a tup, where in either of the foregoing cases there is a reasonably foreseeable risk of injury to the eyes of any person engaged in the work from particles or fragments thrown off.

16. The breaking, cutting, cutting into, dressing, carving or drilling by means of a power driven portable tool or by means of a hammer, chisel, pick or similar hand tool other than a trowel, of any of the following, that is to say--

( a ) glass, hard plastics, concrete, fired clay, plaster, slag or stone (whether natural or artificial);

( b ) materials similar to any of the foregoing;

( c ) articles consisting wholly or partly of any of the foregoing;

( d ) stonework, brickwork or blockwork;

( e ) bricks, tiles or blocks (except blocks made of wood),

where in any of the foregoing cases there is a reasonably foreseeable risk of injury to the eyes of any person engaged in the work from particles or fragments thrown off.

17. The use of compressed air for removing swarf, dust, dirt or other particles, where in the course of any such work there is a reasonably foreseeable risk of injury to the eyes of any person engaged in the work from particles or fragments thrown off.

18. Work at a furnace containing molten metal and the pouring or skimming of molten metal in places other than foundries where there is a reasonably foreseeable risk of injury to the eyes of any person engaged in any such work from molten metal.

19. Processes in foundries where there is a reasonably foreseeable risk of injury to the eyes of any person engaged in any such work from hot sand thrown off.

20. Work in the manufacture of wire and of wire rope where there is a reasonably foreseeable risk of injury to the eyes of any person engaged in the work from particles or fragments thrown off or from flying ends of wire.

21. The operation of coiling wire and operations connected therewith, where there is a reasonably foreseeable risk of injury to the eyes of any person engaged in any such work from particles or fragments thrown off or from flying ends of wire.

22. The cutting of wire or metal strapping under tension, where there is a reasonably foreseeable risk of injury to the eyes of any person engaged in any such work from flying ends of wire or flying ends of metal strapping.

23. Work in the manufacture of glass and in the processing of glass and the handling of cullet, where in any of the foregoing cases there is a reasonably foreseeable risk of injury to the eyes of any person engaged in the work from particles or fragments thrown off.

24. The moulding of plastic articles where there is a reasonably foreseeable risk of injury to the eyes of any person engaged in any such work from molten plastic thrown off.

25. Any work carried out in the manufacture of wood, cork or fibre board products or products composed partly of any of these materials, with a machine (including a portable machine) of a kind specified in the Schedule of the Factories (Woodworking Machinery) Regulations, 1972 ( S.I. No. 203 of 1972 ), where there is a reasonably foreseeable risk of injury to the eyes of any person engaged in any such work from particles or fragments thrown off.

Part II.

26. Any process involving the use of an exposed electric arc or an exposed stream of arc plasma.

Part III.

27. The welding of metals by means of apparatus to which oxygen or any flammable gas or vapour is supplied under pressure.

28. The hot fettling of steel castings by means of a flux-injected burner or air carbon torch, and the de-seaming of metal.

29. The cutting, boring, cleaning, surface conditioning or spraying of material by means of apparatus (not being apparatus mechanically driven by compressed air) to which air, oxygen or any flammable gas or vapour is supplied under pressure excluding any such process elsewhere specified, where in any of the foregoing cases there is a reasonably foreseeable risk of injury to the eyes of any person engaged in the work.

30. Any process involving the use of an instrument which produces light amplification by the stimulated emission of radiation, being a process in which there is a reasonably foreseeable risk of injury to the eyes of any person engaged in the process from radiation.

Part IV.

31. Truing or dressing of an abrasive wheel where in either of the foregoing cases there is a reasonably foreseeable risk of injury to the eyes of any person engaged in the work from particles or fragments thrown off.

32. Work with drop hammers, power hammers, horizontal forging machines and forging presses, other than hydraulic presses, used in any case for the manufacture of forgings.

33. The dry grinding of materials or articles by applying them by hand to a wheel, disc or band which in any such case is power driven or by means of a power driven portable tool, where in any of the foregoing cases there is a reasonably foreseeable risk of injury to the eyes of any person engaged in the work from particles or fragments thrown off.

34. The fettling of metal castings, involving the removal of metal, including runners, gates and risers and the removal of any other material during the course of such fettling, where in any of the foregoing cases there is a reasonably foreseeable risk of injury to the eyes of any person engaged in the work from particles or fragments thrown off.

35. The production of metal castings at pressure die casting machines where there is a reasonably foreseeable risk of injury to the eyes of any person engaged in any such work from molten metal thrown off.

36. The machining of metals, including any dry grinding process not elsewhere specified where there is a reasonably foreseeable risk of injury to the eyes of any person engaged in any such work from particles or fragments thrown off.

37. The welding of metals by an electric resistance process or a submerged electric arc, where there is a reasonably foreseeable risk of injury to the eyes of any person engaged in any such work from particles or fragments thrown off.

SECOND SCHEDULE.

1. The chipping of metal, and the chipping, knocking out, cutting out or cutting off of cold rivets, bolts, nuts, lugs, pins, collars or from similar articles from any structure or plant, or from any part of any structure or plant, by means of a hammer, chisel, punch or similar hand tool, or by means of a power driven portable tool where in any of the foregoing cases there is a reasonably foreseeable risk of injury to the eyes of any person not engaged in any such work from particles or fragments thrown off.

2. Any process involving the use of an exposed electric arc or an exposed stream of arc plasma.

3. Work with drop hammers, power hammers, horizontal forging machines and forging presses other than hydraulic presses used in any case for the manufacture of forgings.

4. The fettling of metal castings, involving the removal of metal, including runners, gates and risers, and the removal of any other material during the course of such fettling, where in any of the foregoing cases there is a reasonably foreseeable risk of injury to the eyes of any person not engaged in any such work from particles or fragments thrown off.

5. Any process involving the use of an instrument which produces light amplification by the stimulated emission of radiation, where in any such process there is a reasonably foreseeable risk of injury to the eyes of any person not engaged in the process from radiation.

GIVEN under my Official Seal, this 10th day of August, 1979.

GENE FITZGERALD,

Minister for Labour.

EXPLANATORY NOTE.

These regulations prescribe measures to be taken for the protection of eyes of persons employed on a process or nearby, where the process is specified as one which may constitute a hazard to eyes.