Safety, Health and Welfare at Work (General Application) (Amendment) Regulations 2016.

• Jurisdiction: Ireland
• Citation: IR SI 36/2016

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 29th January, 2016.

I, GERALD NASH, Minister of State at the Department of 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 the Jobs, Enterprise and Innovation (Delegation of Ministerial Functions) Order 2014 ( S.I. No. 545 of 2014 ), and after consultation with the Health and Safety Authority, hereby make the following regulations:

1. These Regulations may be cited as the Safety, Health and Welfare at Work (General Application) (Amendment) Regulations 2016.

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 ), the Safety, Health and Welfare at Work (General Application) (Amendment) Regulations 2010 ( S.I. No. 176 of 2010 ) and the Safety, Health and Welfare at Work (General Application) (Amendment) Regulations 2012 ( S.I. No. 445 of 2012 ).

3. The Principal Regulations and these Regulations may be cited together as the Safety, Health and Welfare at Work (General Application) Regulations 2007 to 2016.

4. These Regulations come into operation on 1 day of July 2016.

5. The following are revoked:

(a) the Factories (Woodworking Machinery) Regulations, 1972 ( S.I. No. 203 of 1972 );

(b) the Factories (Abrasive Blasting Of Surfaces) Regulations, 1974 ( S.I. No. 357 of 1974 );

(c) the Safety in Industry (Abrasive Wheels) Regulations 1982 ( S.I. No. 30 of 1982 ).

6. Notwithstanding the revocation of the Factories (Woodworking Machinery) Regulations 1972 ( S.I. No. 203 of 1972 ), where a certificate has been granted under Regulation 4(1) of those Regulations and the certificate has not been revoked prior to the coming into operation of Regulation 9(c), then on that coming into operation that certificate shall continue to apply in respect of any requirement under Part 11 (inserted by Regulation 9(c)) of the Principal Regulations which is equivalent to a requirement in respect of which the certificate applies until the earlier of the following occurs—

(a) that certificate is revoked, or

(b) the expiration of 6 months from the coming into operation of Regulation 9(c).

7. Notwithstanding the revocation of the Factories (Abrasive Blasting Of Surfaces) Regulations 1974 ( S.I. No. 357 of 1974 ), where a certificate has been granted under Regulation 4 of those Regulations and the certificate has not been revoked prior to the coming into operation of Regulation 9(c), then on that coming into operation that certificate shall continue to apply in respect of any requirement under Part 13 (inserted by Regulation 9(c)) of the Principal Regulations which is equivalent to a requirement in respect of which the certificate applied until the earlier of the following occurs—

(a) that certificate is revoked, or

(b) the expiration of 6 months from the coming into operation of Regulation 9(c).

8. Notwithstanding the revocation of the Safety in Industry (Abrasive Wheels) Regulations 1982 ( S.I. No. 30 of 1982 ), where a certificate has been issued under Regulation 5(1) of those Regulations and the certificate has not been revoked prior to the coming into operation of Regulation 9(c), then on that coming into operation that certificate shall continue to apply in respect of any requirement under Part 12 (inserted by Regulation 9(c)) of the Principal Regulations which is equivalent to a requirement in respect of which the certificate applied until the earlier of the following occurs—

(a) that certificate is revoked, or

(b) the expiration of 6 months from the coming into operation of Regulation 9(c).

9. The Principal Regulations are amended as follows:

(a) by inserting in the “Arrangement of Regulations”, after “PART 10 PRESSURE SYSTEMS”, the following:

“PART 11

WOODWORKING MACHINES

195. Interpretation for Part 11.

196. Application of Part 11.

197. Space around woodworking machines.

198. Training, instruction and information.

199. Guarding and other protection measures for woodworking machines.

200. Maintenance of woodworking machines.

201. Precautions to reduce risk of contact during rundown of woodworking machines.

202. Discharge of dust emitted by woodworking machines.

203. Circular sawing machines.

204. Multiple rip sawing machines and straight line edging machines.

205. Band sawing machines.

206. Planing machines.

207. Vertical spindle moulding machines.

PART 12

ABRASIVE WHEELS

208. Interpretation for Part 12.

209. Application of Part 12.

210. Use of abrasive wheels.

211. Speed of revolution.

212. Mounting of abrasive wheels.

213. Authorisation and training.

214. Guarding and rests for workpieces and flanges.

PART 13

ABRASIVE BLASTING OF SURFACES.

215. Interpretation for Part 13.

216. Application of Part 13.

217. Provision of blasting apparatus, enclosures and ventilating plant.

218. Prohibition on silica.

219. Protection of employees and other persons.

220. Persons under 18 years of age.

221. Personal protective equipment.

222. Blasting enclosures for cleaning of castings.

223. Cleaning blasting enclosures, blasting apparatus and ventilating plant.”,

(b) by the insertion in the “Arrangement of Regulations”, after “Schedule 12, PRESSURE SYSTEMS”, the following:

“SCHEDULE 13

WOODWORKING MACHINES

SCHEDULE 14

TRAINING AND INSTRUCTION”,

(c) by the insertion of the following Parts after Regulation 194:

“PART 11

WOODWORKING MACHINES

Interpretation for Part 11.

195. In this Part—

“band sawing machine” means a sawing machine designed to be fitted with a blade in the form of a continuous band or strip the cutting portion of which runs in a vertical direction, but does not include a log band sawing machine or a band re-sawing machine;

“circular sawing machine” means a sawing machine comprising a saw bench (including a rack bench) with a spindle situated below the machine table to which a circular saw blade can be fitted, for the purpose of dividing material into separate parts, but does not include a multiple rip sawing machine, a straight line edging machine or any sawing machine in the operation of which the blade is moved towards the material which is being cut;

“CNC machine” means a machine where automatic control of the machine’s operational process is performed by an electronic computing device as that machine completes its operational function;

“combined machine” means a machine for surfacing and thicknessing;

“cutters” means cutters forming part of a woodworking machine and includes saw blades, chain cutters, knives, boring tools, detachable cutters and solid cutters;

“high-risk woodworking machine” includes any hand-fed woodworking machine, any sawing machine fitted with a circular blade or saw band and any planing machine when used for surfacing;

“machine table” includes, in relation to a circular sawing machine, any frame which supports the material being cut;

“planing machine” means a machine for surfacing or for thicknessing or a combined machine but does not include a multi-cutter moulding machine having two or more cutter spindles;

“squared stock” means material having a rectangular (including square) cross section the dimensions of which remain substantially constant throughout the length of the material;

“surfacing” means planing or smoothing the surface of material by passing it over cutters and includes chamfering and bevelling but does not include moulding, tenoning, rebating or recessing;

“vertical spindle moulding machine” includes a high-speed routing machine;

“woodworking machine” means any machine (including a portable machine) of a kind specified in Schedule 13 which is designed or intended for use on all or any one or more of the following, namely, wood, cork or fibre board and material composed partly of any of those materials.

Application of Part 11.

196. (1) Subject to paragraph (2), this Part applies to an employer in respect of the use of any woodworking machine at a place of work for which that employer has responsibility under the Act or these Regulations.

(2) This Part, in so far as it relates to the design of a woodworking machine used at a place of work, does not apply to a woodworking machine where the design of that machine meets the requirements of the European Communities (Machinery) Regulations 2008 ( S.I. No. 407 of 2008 ).

Space around woodworking machines.

197. (1) An employer shall ensure that sufficient clear and unobstructed space, free of trip hazards, is provided around each woodworking machine while the machine is in use to enable, so far as is practicable, the work being done at the machine to be done without risk of injury to any person.

(2) Without prejudice to the generality of paragraph (1), an employer shall ensure that effective measures are taken to ensure that materials or articles around a woodworking machine are not placed, stacked, or stored in a manner likely to cause harm.

Training, instruction and information.

198. (1) Subject to paragraph (3), an employer shall ensure that an employee who operates a woodworking machine—

(a) has been trained in operating the machine,

(b) has received instruction in accordance with paragraph (2)(a), and

(c) has been provided with the information specified in paragraph (2)(b).

(2) An employer shall ensure that in advance of operating a woodworking machine an employee shall—

(a) receive instruction on—

(i) the dangers arising in connection with the machine, the precautions to be observed and the...