(1) These regulations may be cited as the Spray Coating Regulations 1962.

(2) These regulations shall come into force on the 30th day after the date of their notification in the Gazette.

In these regulations, unless the context otherwise requires,—

(1) These regulations apply to all factories in which spray coating is performed.

(2) The provisions of these regulations are in addition to and not in substitution for the provisions of the Dangerous Goods Regulations 1958 (SR 1958/76), the Electrical Wiring Regulations 1961 (SR 1961/8), the Lead Process Regulations 1950 (SR 1950/172), and any other enactment and nothing in these regulations shall derogate from the provisions of any other enactment. Compliance with the provisions of these regulations shall not confer any relief or exemption from liability under any other enactment, but no person shall be convicted of any offence under these regulations in respect of the same matter for which he has been convicted of an offence under any other enactment.

(1) Spray coating shall be performed in such a manner and under such conditions as will provide effective protection of the operator and other persons from injurious substances and from other hazards created by the process.

(2) Without prejudice to the generality of subclause (1), spray coating shall be performed in a booth:

provided that—

• (a) a booth shall not be required where the process of spray coating is performed in the open air where there is free air movement and the article being spray coated is not less than 6 m from any building or erection:

• (b) boilers and heavy articles usually made in boilermaking and engineering works may be spray coated in the workroom in which they are assembled:

• (c) complete aircraft or large parts thereof may be spray coated in a hangar:

• (d) spray coating of small areas of articles which have been damaged and repaired may be performed in a workroom if the process of spray coating takes place for not more than 10 minutes at a time with an interval of not less than 50 minutes between each application of the substance being sprayed.

(1) Notwithstanding anything contained in regulation 4, where the Chief Inspector is satisfied that the substance sprayed is neither noxious nor inflammable or by reason of exceptional circumstances or infrequency of process the use of a booth is not necessary for safeguarding the safety, health, or welfare of persons engaged in or exposed to spray coating, he may, by certificate in writing and subject to such conditions as may be specified therein, exempt the occupier of any factory from the use of a booth.

(2) Any certificate of exemption may be varied or revoked by the Chief Inspector on giving not less than 7 days' notice in writing of the proposed variation or revocation to the occupier of the factory to which the certificate relates.

(3) Any person failing to comply with any condition specified in a certificate of exemption under this regulation commits an offence against these regulations.

Where, in accordance with the proviso to subclause (2) of regulation 4, spray coating is performed in any place other than a booth or in accordance with a certificate of exemption issued by the Chief Inspector, the occupier shall:

• (a) provide every person engaged in spray coating with such protective clothing, including face masks and respirators, as will afford those persons adequate protection from the substance used in the process:

• (b) if any other person is employed or working within 6 m of the spray coating process, so screen the process as to afford adequate protection to that person from the substance used in the process, or provide that person with such protective clothing, including face masks and respirators, as will give him equivalent protection:

• (c) cause the air in that place to be changed at a rate equal to not less than 20 times an hour for the period commencing with the beginning of the process and ending 15 minutes after the end of the process:

  provided that this provision shall not apply where spray coating is performed in accordance with paragraph (a) of subclause (2) of regulation 4 or in accordance with a certificate of exemption issued by the Chief Inspector.

(1) The booth required by these regulations shall be one of the following types:

• (a) a cabinet booth, being an arrangement of enclosing walls, floor, and ceiling, 1 wall having an opening where the operator works:

• (b) a room booth, being an arrangement of enclosing walls, floor, and ceiling, within which an operator may work:

• (c) a tunnel booth, being an arrangement of enclosing walls, floor, and ceiling, with 2 opposite ends open to permit of continuous movement through the booth of articles being sprayed:

• (d) a canopy booth, being an arrangement of walls and ceiling, forming a canopy or hood.

(2) Every booth shall be equipped with such system of air control as will effectively protect the operator and others in the vicinity of the booth from substances being sprayed.

(1) All booths shall be constructed entirely of 1 or more of the materials specified in Part 1 of Schedule 1:

provided that any other form of construction may be used where the interior surface of the booth is lined entirely with 1 or more of the materials and in the manner specified in Part 2 of Schedule 1:

provided also that the provisions of this subclause shall not apply to any room booth which, immediately before the date of the commencement of these regulations, was approved under the Spray Painting Regulations 1940 until the expiry of 2 years after that date.

(2) The interior of all booths shall have a smooth surface.

(3) The floor area beneath and 1 m beyond every entrance or opening to a cabinet booth, tunnel booth, or canopy booth shall be constructed of 1 or more of the materials specified in Part 1 of Schedule 1 or covered with sheet metal.

(4) All windows in booths shall be of wired or reinforced glass fitted in metal frames.

(5) All filters in booths shall be secured in metal or metal-covered frames and, where of combustible material, enclosed in metal gauze.

(6) All electrical fittings or appliances in booths shall comply with the Electrical Wiring Regulations 1961 (SR 1961/8) in all respects as if, for the purpose of those regulations, the fittings or appliances were in a place where flammable or explosive dust or gas is liable to be present.

(7) All doors fitted to a room booth shall open otherwise than inwards.

(1) Every room booth shall be provided with an emergency exit situated as far as practicable from the normal means of entry to the booth.

(2) The emergency exit shall consist of a door or panel, so constructed as to be easily opened in an outward direction from inside and permit rapid egress from the booth to a place of safety. All such exits shall be kept clear.

Notwithstanding the requirements of the foregoing provisions of these regulations relating to the construction of booths, where a booth is used exclusively for the application by spraying of other than an inflammable substance, it shall be sufficient compliance with regulation 8 if the booth is constructed or lined with material having a smooth impervious surface and of such construction as to resist damage when being cleaned.

(1) Every booth shall be so constructed as to allow the entry of air into the booth.

(2) Every booth shall be fitted with 1 or more exhaust fans or other appliances placed in a suitable position and capable of producing and maintaining, and actually producing and maintaining, within the breathing zone of the operator, a uniform air movement of not less than 0.5 m/s.

(3) The air within the breathing zone aforesaid shall be reasonably pure, fresh, and clean. Air exhausted from a booth shall not be recirculated in a booth unless it has first been effectively cleaned.

(4) All exhaust ducts shall be constructed of metal and all joints therein shall be airtight and secured by means other than solder.

(5) All exhaust ducts shall be so constructed or provided with covered openings at suitable points as to permit adequate cleaning of the inside to be performed.

Where a booth is used for the application by spraying of an inflammable substance, exhaust ducts therefrom shall not be erected within 225 mm of any woodwork or other combustible material unless effectively insulated therefrom.

All exhaust ducts shall be of sufficient size, having regard to the type of exhaust fan or appliance used to exhaust air from the booth, to convey all spray laden or contaminated air from the booth.

Except where the air exhausted from a booth is passed through an efficient water wash or other efficient contaminent trapping device, the exhaust duct shall—

• (a) extend to such a position as will ensure discharge of the exhausted air in such a manner as to prevent the exhausted air re-entering the factory or causing damage to adjacent property or a nuisance to persons in the vicinity; and

• (b) where the exhausted air contains any inflammable substance, terminate not less than 3 m above ground level.

Where a booth is used for the application by spraying of an inflammable substance, all fans operated in ducts shall be constructed of such metal or combination of metals as will prevent sparking in operation and all motors in ducts shall be of flameproof construction.

Except as hereinafter provided, the drying by the application of heat generated artificially of articles that have been spray coated with an inflammable substance shall be performed in a drying room, cabinet, or oven reserved exclusively for the purpose. Any such premises shall be—

• (a) constructed of 1 or more of the materials specified in Part 1 of Schedule 1 or lined with sheet metal; and

• (b) ventilated in such a manner as to ensure that all products from the drying process are delivered directly to the open air.

Articles may be dried in a workroom other than a booth, if—

• (a) the workroom is ventilated by mechanical means in such a manner as to ensure that the air in the workroom is changed not less than 15 times in each hour during which drying is in progress; and

• (b) the area within any workroom in which the drying is performed is kept clear of all inflammable substances and articles other than the article being dried.

Notwithstanding the provisions of regulation 17, articles may be dried in a room booth constructed for the spray coating of inflammable substances if—

• (a) all spray coating has ceased in the booth;

• (b) the exhaust fan or ventilating system has operated for at least 5 minutes after spray coating has ceased;

• (c) all inflammable substances, except those contained in any spray coating apparatus, and all other inflammable articles and materials other than the articles to be dried are removed from the booth before any source of heat is applied; and

• (d) no spray coating is resumed or commenced until the source of heat has been turned off or removed from the booth.

The source of heat used to dry articles that have been spray coated with an inflammable substance shall be such as to ensure that it will not cause ignition of any of the products of drying.

Without prejudice to the generality of regulation 19—

• (a) no naked flame, redhot element, or source of heating liable to produce sparks shall be used or located within 6 m of any drying process unless separated therefrom by a gastight and flameproof enclosure or by a screen wall:

  provided that where a screen wall is used, the shortest distance between the drying process and the point from which ignition may originate, measured through uninterrupted airspace, shall not be less than 6 m:

• (b) except where the articles to be dried have been given a preliminary drying without the application of heat generated artificially so as to remove the bulk of the inflammable solvents, the temperature of any drying process shall not exceed 175°C:

  provided that this provision shall not apply where automatic control of the drying temperature is such as to ensure that the ignition temperature of any product of the drying process cannot be reached.

All electrical fittings and appliances situated in any drying room, cabinet, oven, or drying area within a workroom in which the drying of articles that have been spray coated with an inflammable substance is performed shall comply with the Electrical Wiring Regulations 1961 (SR 1961/8) in all respects as if, for the purpose of those regulations, the fittings or appliances were in a place where flammable or explosive dust or gas is liable to be present.

Notwithstanding anything in these regulations relating to the drying of articles that have been spray coated with an inflammable substance, where the Chief Inspector is satisfied that any process of spray coating with an inflammable substance can be carried on with an adjacent drying process without risk of fire or explosion, he may, by certificate in writing and subject to such conditions as may be specified therein, exempt the occupier from all or any of the said regulations.

Any such certificate of exemption may be varied or revoked by the Chief Inspector on giving not less than 7 day's notice in writing of the proposed variation or revocation to the occupier of the factory to which the certificate relates.

Any person who fails to comply with any condition specified in any certificate of exemption under regulation 22 commits an offence against these regulations.

The article to be spray coated shall be placed in such position within the booth as to ensure, as far as practicable, that the person using the spray gun will always have the gun between himself and the exhausting fan or appliance.

The ventilating system of every booth shall be kept in effective operation during the whole time in which spray coating is being performed and for 5 minutes after the conclusion of the operation.

The occupier of any factory in which a spray coating booth is situated shall not permit substances used in spray coating to accumulate on the interior surfaces of the booth or any part of the exhaust fans or appliances or ducting.

(1) All booths and floor areas surrounding booths, fans, exhaust ducts, trunks, and casings shall be thoroughly cleaned where necessary at regular intervals.

(2) The implements used in cleaning booths, fans, or ducts in which inflammable substances have been sprayed shall be composed of fibre, wood, non-ferrous metals, or other non-sparking materials.

No person shall, except as specially provided by these regulations—

• (a) smoke;

• (b) bring any naked flame or other source of ignition; or

• (c) start or set in motion the engine of any motor vehicle;

within 6 m of any spray coating process in which an inflammable substance is being sprayed unless effectively separated from that process by a screen wall:

provided that where any such screen wall is used, the shortest distance between the spray coating process and the point from which ignition may originate, measured through uninterrupted air space, shall not be less than 6 m.

(1) There shall be provided and maintained, adjacent to the door of any booth or place in which an inflammable substance is sprayed, 1 or more fire extinguishers.

(2) Any such fire extinguishers shall be of 1 or more of the following types:

• (a) chemical foam of not less than 9 litres capacity;

• (b) carbon dioxide of not less than 3.5 kg capacity;

• (c) dry chemical of not less than 2 kg capacity; or

• (d) such other type as may be approved by the Chief Inspector.

In factories where spray coating takes place metal containers, with close-fitting lids, shall be provided and used for the deposit of cotton-waste, cleaning rags, or similar materials which have been in use.

No substance specified in Part 1 of Schedule 2 shall be used in spray coating or in any process connected therewith.

No substance specified in Part 2 of Schedule 2 shall be used in spray coating in excess of the concentrations prescribed in that Part.

The Minister of Labour may from time to time, by notice in the Gazette, declare any substance, being a substance that in his opinion is likely to be injurious to health when used in a spray coating process, to be included in Part 1 or Part 2 of Schedule 2; and may at any time and in like manner amend or revoke any such notice. On the publication in the Gazette of any notice under this regulation the said Schedule 2 shall be deemed to be amended in accordance with the notice.

(1) Any Medical Officer may at all reasonable times examine any person employed in spray coating, for the purpose of determining whether or not his health is affected thereby.

(2) Any Medical Officer may from time to time require any such person to attend at any reasonable time and place for the purpose of any such examination.

(3) No such person as aforesaid shall, without reasonable cause, fail to attend for examination under this regulation or to comply with any requirement of any notice thereunder.

(4) No person shall, after such period as may be specified in a notice in writing in that behalf given to him by the Medical Officer, continue to employ in spray coating any person who without reasonable cause fails to attend for examination as aforesaid.

(1) If, after any such medical examination as aforesaid, the Medical Officer is of opinion that any person employed in spray coating is absorbing any poison in a quantity sufficient to injure his health, the Medical Officer may, by notice in writing given to that person and his employer, suspend him from spray coating for such period as in the opinion of the Medical Officer is necessary in the interests of that person's health.

(2) The Medical Officer shall, in the same manner, cancel any suspension under this regulation when he is satisfied that the health of the person so warrants.

(3) No person shall work, or so employ any other person that that other person works, in contravention of a notice given under this regulation.

No person shall install any apparatus for the purpose of spray coating by electrostatic means or carry on any such process except under such conditions as may be authorised by the Chief Inspector in writing.

(1) No inflammable substance for use in spray coating shall be stored in or kept in any booth except where the inflammable substance is contained in the spray coating apparatus or, being required for immediate use, is kept in a room booth in quantities not exceeding 5 litres in covered containers.

(2) All inflammable substances for use in spray coating shall be stored in accordance with the Dangerous Goods Regulations 1958 (SR 1958/76). Where the quantity of inflammable substance is such as not to require a licence under the Dangerous Goods Act 1957 it shall be sufficient compliance with this regulation if the substance is stored in a metal cabinet and the cabinet is provided with close-fitting doors. The doors of every such cabinet shall be kept closed except while substances are being placed therein or removed therefrom.

(1) The washing facilities required to be provided in every factory by section 62 of the Factories Act 1946 shall, for the purposes of these regulations, include—

• (a) for every 5 persons so engaged, 1 wash-hand basin;

• (b) a piped supply of hot and cold water to each basin, which shall be constantly maintained during working hours and for half an hour thereafter; and

• (c) soap and nail brushes and either a clean towel weekly for every person so engaged or an adequate supply of mechanical roller towels, paper towels, or a hot air dryer.

(2) For the purpose of this regulation any residual fraction of 5 shall be treated as a complete 5.

When requested by an Inspector, a sample of any material in use or mixed for use in spray coating shall be provided by the occupier, and this shall be taken in the presence of the Inspector, who shall forthwith seal the sample and deliver it to the Government Analyst. Should the occupier so desire, a second sample shall at the same time be sealed by the Inspector and handed to the occupier. Delivery of the sample to the Government Analyst may be effected either personally or by registered post.

Every person commits an offence against these regulations, and shall be liable on conviction to the penalties provided in that behalf in section 62(1)(b) of the Factories and Commercial Premises Act 1981, who—

• (a) acts in contravention of, or fails or refuses duly and faithfully to observe or comply with, any requirement, obligation, rule, or provision, imposed or enacted, or required to be observed, under these regulations; or

• (b) introduces any food or drink into, or keeps, prepares, or partakes of any food or drink in, a room booth or in any room in which any other booth is situated; or

• (c) tests a spray gun by spraying indiscriminately about a workroom or booth; or

• (d) directs a spray gun to spray on the interior lining of a booth; or

• (e) in the circumstances for which any protective clothing, face mask, or respirator, is provided pursuant to these regulations, fails or refuses to wear that clothing, mask, or respirator.

The Spray Painting Regulations 1940 (SR 1940/83) are hereby revoked.