Safety, Health and Welfare at Work (General Application) (Amendment) Regulations 2012

• Jurisdiction: Ireland
• Citation: IR SI 445/2012
• Year: 2012

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 16th November, 2012.

I, RICHARD BRUTON, Minister for Jobs, Enterprise and Innovation, in exercise of the powers conferred on me by section 58 of the Safety, Health and Welfare at Work Act 2005 (No. 10 of 2005)(as adapted by the Enterprise, Trade and Innovation (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 245 of 2011 )) and after consultation with the Health and Safety Authority, hereby make the following regulations:

1. (1) These Regulations may be cited as the Safety, Health and Welfare at Work (General Application) (Amendment) Regulations 2012.

(2) In these Regulations “Principal Regulations” means the Safety, Health and Welfare at Work (General Application) Regulations 2007 ( S.I. No. 299 of 2007 ) amended by the Safety, Health and Welfare at Work (General Application) (Amendment) Regulations 2007 ( S.I. No. 732 of 2007 ) and the Safety, Health and Welfare at Work (General Application) (Amendment) Regulations 2010 ( S.I. No.176 of 2010 ).

(3) The Principal Regulations and these Regulations may be cited together as the Safety, Health and Welfare at Work (General Application) Regulations 2007 to 2012.

(4) These Regulations come into operation on 1st of January 2013.

2. The Principal Regulations are amended as follows:

(a) by inserting in the “Arrangement of Regulations”, after “PART 9, CONTROL OF ARTIFICIAL OPTICAL RADIATION AT WORK”, the following:

“PART 10

PRESSURE SYSTEMS

183. Interpretation for Part 10.

184. Application of Part 10.

185. Revocations, saver and transitional matters.

186. Design, construction and safe operating limits of a pressure system, or parts thereof.

187. Installation of pressure equipment or a pressure system.

188. Marking.

189. Information and instruction.

190. Maintenance of pressure systems.

191. Examination of pressure equipment or a pressure system.

192. Report by a competent person.

193. Keeping of records and registers of pressure vessels.

194. Duty of persons who hire pressure equipment to others.”,

(b) by inserting in the “Arrangement of Regulations”, after “Schedule 11, ARTIFICIAL OPTICAL RADIATION”, the following:

“SCHEDULE 12

PRESSURE SYSTEMS

Part A — Pressure systems excepted from Part 10

Part B — Period of examination of pressure vessels

Part C — Marking of pressure vessels

Part D — Information to be contained in report of examination”,

(c) in Regulation 120, by substituting the following for the definition of “daily noise exposure level”:

“ ‘daily noise exposure level’ expressed as (LEX, 8h) (dB(A) re. 20Pa) means the timeweighted average of the noise exposure level for a nominal eight-hour working day as defined by international standard ISO (International Organization for Standardization) 1999: 1990, point 3.6, covering all noises present at work, including impulsive noise;”,

(d) by inserting the following new Part after Regulation 182:

“PART 10

PRESSURE SYSTEMS

Interpretation for Part 10.

183. (1) In this Part—

‘danger’ in relation to a pressure system means reasonably foreseeable danger to persons from system failure;

‘examination’ means a careful and critical scrutiny of a pressure system or part of a pressure system, in or out of service as appropriate, using suitable techniques, including testing where appropriate, to assess—

(a) its actual condition, and

(b) whether, for the period up to the next examination, it is safe to operate when properly used if normal maintenance is carried out;

‘fluid’ means gases, liquids and vapours in pure phase as well as mixtures thereof and fluid may contain a suspension of solids;

‘maximum allowable pressure’ or ‘minimum allowable pressure’ means the maximum pressure and minimum pressure, as the case may be, for which the equipment, or part thereof, is designed, as specified by the manufacturer;

‘maximum allowable temperature’ or ‘minimum allowable temperature’ means the maximum or minimum temperature, as the case may be, for which the equipment is designed, as specified by the manufacturer;

‘pipeline’ means a pipe or system of pipes used for the conveyance of relevant fluid across the boundaries of premises, together with any apparatus for inducing or facilitating the flow of relevant fluid through, or through a part of, the pipe or system, and any valves, valve chambers, pumps, compressors and similar works which are annexed to, or incorporated in the course of, the pipe or system;

‘piping’ means piping components intended for the transport of fluids, when connected together for integration into a pressure system and includes in particular a pipe or system of pipes, tubing, fittings, expansion joints, hoses, bellows or other pressure-bearing components as appropriate, and heat exchangers consisting of pipes for the purpose of cooling or heating air shall be considered as piping;

‘pressure’ means pressure relative to atmospheric pressure, i.e. gauge pressure, and, as a consequence, vacuum is designated by a negative value;

‘pressure accessories’ means devices with an operational function and having pressure-bearing housings;

‘pressure equipment’ means vessels, piping, protective devices and pressure accessories used with a relevant fluid and where applicable, pressure equipment includes attachments relevant to the integrity of the equipment;

‘pressure system’ means a system comprising one or more pressure vessels of rigid construction, any associated piping and protective devices and pressure accessories which contains or is liable to contain a relevant fluid;

‘protective devices’ means devices designed to protect the pressure equipment against the safe operating limits being exceeded, including:

(a) devices for direct pressure limitation, such as safety valves, bursting disc safety devices, buckling rods, controlled safety pressure relief systems,

(b) limiting devices, which either activate the means for correction or provide for shutdown or shutdown and lockout, such as pressure switches, temperature switches or fluid level switches and safety related measurement control and regulation devices, and

(c) devices designed to give warning that the safe operating limits are being exceeded;

‘relevant fluid’ means—

(a) steam,

(b) any gas which is at a pressure greater than 0.5 bar above atmospheric pressure (1013 mbar),

(c) a liquid which would have a vapour pressure greater than 0.5 bar above atmospheric pressure (1013 mbar) when in equilibrium with its vapour at either the actual temperature of the liquid or 17.5 degrees Celsius;

‘safe operating limits’ means the operating limits (incorporating a suitable margin of safety) beyond which system failure is liable to occur;

‘system failure’ means the unintentional release of stored energy from a pressure system;

‘user’ in relation to a pressure system, means the employer or self-employed person who has control of the operation of the pressure system and includes, in the case of a lease of the pressure system, the lessee;

‘vessel’ means a housing designed and built to contain relevant fluids including its direct attachments up to the coupling point connecting it to other equipment, and a vessel may be composed of more than one chamber.

Application of Part 10.

184. This Part applies to the use, examination and testing of pressure equipment or pressure systems (other than pressure systems referred to in Part A of Schedule 12) which are used or intended to be used at work.

Revocations, saver and transitional matters.

185. (1) The following are revoked:

(a) Factories (Preparation of Steam Boiler for Examination) Regulations 1956 ( S.I. No. 174 of 1956 ),

(b) Factories (Report of Examination of Steam Boiler) Regulations 1956 ( S.I. No. 183 of 1956 ),

(c) Factories (Report of Examination of Steam Receivers) Regulations 1956 ( S.I. No. 184 of 1956 ),

(d) Factories (Report of Examination of Air Receivers) Regulations 1956 ( S.I. No. 185 of 1956 ),

(e) Factories (Report of Examination of Air Receivers) (Amendment) Regulations 1978 ( S.I. No. 357 of 1978 ),

(f) Factories (Report of Examination of Steam Receivers) (Amendment) Regulations 1978 ( S.I. No. 358 of 1978 ), and

(g) Factories (Report of Examination of Steam Boiler) (Amendment) Regulations 1978 ( S.I. No. 359 of 1978 ).

(2) Where an examination has been carried out, or commenced, under and in compliance with an applicable statutory provision prior to the coming into operation of this Part, the examination shall be regarded as being in compliance with this Part and Regulation 191 (other than paragraph (1) thereof) shall not apply until after the expiry of the period relating to that examination, as appropriate, specified under the applicable statutory provision.

(3) An employer who is a user or owner of a pressure vessel shall ensure that an examination is carried out under this Part not later than 3 months after the coming into operation of this Part where such an examination was required and was due be to be carried out under an applicable statutory provision but was not carried out before the coming into operation of this Part.

Design, construction and safe operating limits of a pressure system, or parts thereof.

186. An employer shall ensure that in respect of a pressure system or parts thereof—

(a) without prejudice to the generality of Regulation 28:

(i) it is of good construction, sound material, adequate strength, suitable quality and free from patent defect;

(ii) it is properly installed and used;

(iii) it is properly maintained;

(iv) the safe operating limits of pressure equipment or the pressure system have been established, and adequate information on said limits is available;

(v) each vessel is marked with the information specified in Part C of Schedule 12, where known;

(vi) each vessel is uniquely marked in a plainly visible and durable...