X 4
CAP. 59]
Factories and Industrial Undertakings (Asbestos) Special Regulations
[1986 Ed.
[Subsidiary]
(Cap. 311.)
Offences in respect of exhaust ventilation.
Defence to a charge under regulation 5.
Duty to keep plant and premises clean.
(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.
5. (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 $30,000.
(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 $30,000.
6. (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 connexion 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).
PART III
CLEANLINESS OF PLANT AND PREMISES
7. 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.