X 8
[Subsidiary]
Prohibition against spraying asbestos and the use of crocidolite and amosite.
Offences in respect of regulations 3, 11, 20, 21, 22 and 24.
Transitional provisions.
CAP. 59] Factories and Industrial Undertakings (Asbestos) Special Regulations [1986 Ed.
(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.
22. 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.
23. (1) Any person who fails to comply with-
(a) regulation 3 or 24 commits an offence and is liable to a fine of $10,000;
(b) regulation 11, 20 or 21(1), (2) or (3) commits an offence and is liable to a fine of $20,000; or
(c) regulation 22 commits an offence and is liable to a fine of $30,000.
(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 taking reasonable steps have discovered that it was present.
(3) It shall be a defence to a charge under this regulation alleging a failure to comply with regulation 3, 11, 20, 21(1), (2) or (3) or 24 to prove that no asbestos dust could be given off from or by the asbestos process used.
24. 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.
4
X 8
[Subsidiary]
Prohibition
against spraying asbestos and the use of crocidolite and amosite.
Offences in respect of
regulations 3, 11, 20, 21, 22 and 24.
Transitional provisions.
CAP. 59] Factories and Industrial Undertakings
(Asbestos) Special Regulations
[1986 Ed.
(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.
22. 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.
23. (1) Any person who fails to comply with-
(a) regulation 3 or 24 commits an offence and is liable to a fine
of $10,000;
(b) regulation 11, 20 or 21(1), (2) or (3) commits an offence
and is liable to a fine of $20,000; or
(c) regulation 22 commits an offence and is liable to a fine of
$30,000.
(2) It shall be a defence to a charge under this regulation alleging the use in any process of crocidolite, amosite or any sub- stance containing crocidolite or amosite in contravention of regula- tion 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 taking reasonable steps have discovered that it was present.
A
(3) It shall be a defence to a charge under this regulation alleging a failure to comply with regulation 3, 11, 20, 21(1), (2) or (3) or 24 to prove that no asbestos dust could be given off from or by the asbestos process used.
24. Within 14 days of the commencement of these regulations a proprietor of an industrial undertaking who at such commence- ment 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.
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