| (Cap 59, section 7) [14 November 1986] (L.N. 270 of 1986) Cap 59AA reg 1 Citation PART I PRELIMINARY These regulations may be cited as the Factories and Industrial Undertakings (Carcinogenic Substances) Regulations. (Enacted 1986) Cap 59AA reg 2 Interpretation In these regulations, unless the context otherwise requires- "appointed medical practitioner" (指定医生) means a medical practitioner appointed under regulation 7; "controlled substance" (受管制物质) means any of the following chemical compounds- (a) alpha-naphthylamine and its salts (other than alpha- naphthylamine containing, as a by-product of a chemical reaction, more than one per cent of beta-naphthylamine); (b) ortho-tolidine and its salts; (c) dianisidine and its salts; (d) dichlorobenzidine and its salts; (e) auramine; and (f) magenta;"prohibited substance" (受禁止物质) means any of the following chemical compounds- (a) beta-naphthylamine and its salts; (b) benzidine and its salts; (c) 4-aminodiphenyl and its salts; (d) 4-nitrodiphenyl and its salts,and any substance containing all or any one or more of these chemical compounds (other than as a by-product of a chemical reaction and in a total concentration not exceeding one per cent). (Enacted 1986) Cap 59AA reg 3 Prohibition of employment in manufacture of certain substances and their use PART II PROHIBITED SUBSTANCES (1) No person shall be employed in any industrial undertaking in connexion with the manufacture of any prohibited substance or in connexion with any process in the course of which any prohibited substance is formed. (2) Subject to paragraph (3), no prohibited substance shall be brought into or used in any industrial undertaking. (3) Paragraph (2) shall not apply so as to prevent any prohibited substance being brought into any dock, quay, wharf, warehouse or airport for the sole purpose of exporting it. (Enacted 1986) Cap 59AA reg 4 Exemptions Expanded Cross Reference: 6,7,8,9 (1) Notwithstanding regulation 3, the Commissioner for Labour may, in such cases as he shall think fit and subject to such conditions as he may specify therein, by certificate in writing exempt any industrial undertaking or any part of any industrial undertaking, from the provisions of regulation 3, if he is satisfied that- (a) in a case where it is proposed to manufacture or use any prohibited substance- (i) the proposed manufacture or use will be only for the purpose of or in the course of medical or scientific research, investigation or testing; and (ii) the proposed manufacture or use has been certified in writing by the director or other person in charge of the laboratory or other place where the research, investigation or testing is to be carried on, to be necessary for such purpose or in such course;(b) in a case where in the course of any process of manufacture (other than the manufacture of any prohibited substance) any prohibited substance is formed at any stage of the process, the process will be carried out in a totally enclosed system in such a manner- (i) that no prohibited substance is removed from the system except for the purposes of, and in no greater quantity and no more frequently than is necessary for, control of the process and such analysis as is necessary to secure that the product will be free from prohibited substances; and (ii) that no prohibited substance escapes from the system;(c) in a case where it is proposed to manufacture benzidine monohydrochloride, benzidine dihydrochloride or a mixture containing either or both of those substances or to use those substances or either of them in any process of manufacture, the manufacture or use will be carried out in a totally enclosed system in such a manner- (i) that no prohibited substance is allowed to escape from the system; (ii) that no prohibited substance (other than benzidine hydrochloride) is removed therefrom except for the purposes of, and in no greater quantity and no more frequently than is necessary for, control of the process and such analysis as is necessary to secure that the product will be free from prohibited substances; and (iii) that adequate steps will be taken to ensure that the benzidine hydrochlorides are, at all times, except while they are in the totally enclosed system, kept wet so that the proportion by weight of water to benzidine hydrochlorides is not less than one part of water to two parts of benzidine hydrochlorides,and if he is further satisfied in each of the cases mentioned in sub-paragraphs (a), (b) and (c) that the requirements of regulations 6 to 9 will be complied with in the case of any manufacture or use (as the case may be) referred to in those sub-paragraphs as if it were a case to which regulations 6 to 9 apply and as if the references therein to controlled substances included references to prohibited substances. (2) The Commissioner for Labour may, by notice in writing served on the proprietor of the industrial undertaking concerned, revoke any exemption granted under paragraph (1). |
