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222.   Dangerous fumes, dust or other impurities

Revised Laws of Saint Lucia (2021)

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222.   Dangerous fumes, dust or other impurities

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    (1)   Where, in connection with the carrying on of a process, there is given off dust, fumes or other impurities of such a character and to such an extent as to be likely to be injurious or offensive to employees in an industrial establishment, all practicable measures shall be taken by an employer or person in control to protect the employees against inhalation of the dust or other impurity and to prevent its accumulation in any workroom, and where the nature of the process makes it practicable, exhaust appliances shall be provided and maintained as near as possible to the point of origin of the dust or fumes or other impurity, so as to prevent contamination of the air in the workroom.

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    (2)   Where steam is discharged into a room where persons are normally required to work, effective steps shall be taken to dissipate the steam from that room.

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    (3)   In any industrial establishment, a person shall not enter or be permitted to enter a chamber, tank, vat, pit, pipe, flue or other confined space in which dangerous fumes are likely to be present to such an extent as to involve risks of persons being overcome thereby, unless there is a manhole of adequate size or other effective means of egress.

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    (4)   In every industrial establishment, a person shall not enter or be permitted to enter any confined space such as is referred to in subsection (3) until all practical measures have been taken to remove the fumes which may be present and to prevent the ingress of fumes and unless—

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      (a)     the sludge or other deposit likely to give off dangerous fumes has been removed and the space contains no other material likely to give off dangerous fumes;

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      (b)     the space has been adequately ventilated and tested for dangerous fumes and has a supply of air adequate for respiration; and

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      (c)     a certificate in writing has been given by a competent person, for a period of validity which shall not exceed 8 hours, based on a test carried out by that person, that the space is free from dangerous concentrations of dangerous fumes and fit for persons to enter; and

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           the person is wearing suitable breathing apparatus and a belt securely attached to a lifeline, the end of which is safely secured by another person standing outside the confined space.

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    (5)   In every industrial establishment in which work is to be done in a confined space and in which dangerous fumes are likely to be present, there shall be provided and kept readily available for instant use—

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      (a)     a sufficient supply of breathing apparatus of a type approved by the Department of Labour; and

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      (b)     belts, ropes or other appropriate life lines and suitable reviving apparatus and oxygen;

and the apparatus, ropes or other appropriate life lines shall be maintained and shall be thoroughly examined by a competent person and a report on every such examination, signed by the person making the examination and containing the required particulars, shall be kept available for inspection.

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    (6)   A sufficient number of employees shall be trained and practiced in the use of the apparatus mentioned in subsection (5) and in a method of restoring respiration and at least one such person shall be available at any time when work is being carried on in any confined space referred to in subsection (3).

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    (7)   A person shall not enter or remain in any confined space in which the proportion of oxygen in the air is or is likely to be substantially reduced unless either—

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      (a)     he or she is wearing suitable breathing apparatus; or

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      (b)     the space has been and remains adequately ventilated and a competent person has tested and certified it as safe for entry without breathing apparatus.

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    (8)   A person shall not be permitted to enter a furnace, boiler, chamber, kiln, tank, vat, pipe, flue or other confined space for the purpose of working or making an examination therein until it has been sufficiently cooled by ventilation or otherwise to be safe for persons to enter.

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    (9)   A portable electric light of voltage exceeding 24 volts shall not be permitted for use inside any confined space referred to in subsection (3) and where the fumes present are likely to be flammable, no lamp or light, other than one with a flame-proof enclosure or one that is intrinsically safe, shall be permitted to be used in such confined space, except that where the conditions are arduous, a centre-taped transformer shall be used so that the potential differences between the live conductors and earth will not exceed 12 volts.

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    (10)   It shall be the duty of an employer or a person in control of an industrial establishment to ensure that as far as is reasonably possible the requirements of this section are complied with to the satisfaction of the Department of Labour.

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    (11)   For the purposes of this section “competent person” means a person whether employed by an employer or person in control or not, who has adequate knowledge of and experience in dealing with dangerous fumes, and who is certified by the Department of Labour, to perform examinations and issue certificates under this section.

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