HEALTH AND SAFETY Citation and commencement 1 These Regulations may be cited as The Health and Safety (Miscellaneous Provisions) (Metrication etc.) Regulations 1992 and shall come into force on 10th September 1992. PART I [METRICATION AND REVOCATIONS OF MISCELLANEOUS PROVISIONS] Interpretation 2 In this Part, unless the context otherwise requires, “the principal instruments” means the Acts referred to in column 1 of Part I of Schedule 1 to these Regulations and the Orders and Regulations referred to in column 1 of Part II of that Schedule. Amendments to the principal instruments to substitute metric measurements for imperial measurements 3 1 The provisions of the principal instruments specified in Schedule 1 to these Regulations in column 1 (the subject matter of which is described in column 2) shall be amended by substituting for the measurements or expressions set out opposite thereto in column 3, the measurements or expressions set out in the corresponding entry in column 4. 2 For the Schedule to the Cotton Cloth Factories Regulations 1929 there shall be substituted the Schedule set out in Schedule 2 to these Regulations. Application to existing plant, buildings and other permanent structures 4 Where the measurements relating to any plant, buildings or other permanent structure in existence or under construction immediately before the coming into force of these Regulations complied with the requirements of the principal instruments as then in force in so far as they related to the measurements of that plant, building or other permanent structure, then such compliance shall be deemed to be compliance with the principal instruments as amended by these Regulations. Revocations 5 1 The Order dated 30th December 1903 modifying the proportion of cubic feet of space to be provided in certain bakehouses (The Modification of Space in Bakehouses Order 1903) shall be revoked. 2 Article 4 of the Notification of Employment of Persons Order 1964 (which specifies the size of the form to be used for notification) shall be revoked. PART II AMENDMENTS TO ENACTMENTS AND INSTRUMENTS RELATING TO HUMID FACTORIES NOT INVOLVING METRICATION Amendments to the Factories Act 1961 6 1 Section 68 of the Factories Act 1961 (relating to humid factories) shall be amended in accordance with the following paragraphs of this regulation. 2 After subsection (2) there shall be inserted the following subsection— 2A In this section, unless the context otherwise requires— “dry bulb temperature” means the temperature measured by an accurate and properly maintained thermometer (which may form part of the hygrometer) and any reference in this section to a dry bulb thermometer, or without qualification to a thermometer, shall be taken to be a reference to such a thermometer and a reference without qualification to temperature shall be taken to be a reference to the dry bulb temperature; “hygrometer” means an accurate and properly maintained and calibrated instru ment for the measurement of the relative humidity in the work-place; “wet bulb temperature” means either— the temperature indicated by the wet bulb of a static hygrometer which relies on natural circulation of air around the thermometers; or the temperature calculated from the dry bulb temperature and relative humidity by the method approved for the time being by the Health and Safety Executive, and any reference in this section to the reading of the wet bulb thermometer shall be taken to be a reference to the wet bulb temperature. 3 In subsection (3)— a in the opening words after the words “two hygrometers” there shall be inserted the words “and a thermometer close to each hygrometer”, and the words from “conforming to” to “be prescribed” shall be repealed; b in sub-paragraph (a) for the word “fixed” there shall be substituted the word “placed”; c sub-paragraph (b) shall be repealed; d in sub-paragraph (c) after the words “read the hygrometers” there shall be inserted the words “and the thermometers”, and at the end of the subparagraph, the words from “which shall be provided” to the end of that subparagraph shall be repealed. e for sub-paragraph (d) there shall be substituted the following sub-paragraph— d the records of the wet bulb temperature or temperature and hygrometer readings shall be kept by the occupier for at least two years from when they were made and the occupier shall give his employees immediate access to those records on request together with such information as is necessary for their interpretation. . 4 In subsection (5) for the words “in the table of humidity” there shall be substituted the words “in Schedule 1 to this Act”. 5 In subsection (7), for the word “fixed”— a in the first place where it occurs, there shall be substituted “and one thermometer close to it placed”; and b in the second place where it occurs, there shall be substituted “and ther mometers placed”. 6 In subsection (8) the words from “and a copy” to the end of the subsection shall be repealed. 7 Section 79 of the Factories Act 1961 (restriction of approval of plans for cotton cloth factories) shall be repealed. Amendments to the Flax and Tow Spinning and Weaving Regulations 1906 7 1 In addition to the amendments made by Part I of these Regulations (relating to metrication) the Flax and Tow Spinning and Weaving Regulations 1906 shall be amended in accordance with the following paragraphs of this regulation. 2 In the preliminary part of the Regulations dealing with definitions, after the words “In these Regulations” there shall be inserted at the appropriate places the following definitions— “Dry bulb temperature” means the temperature measured by an accurate and properly maintained thermometer (which may form part of the hygrometer) and any reference in these Regulations to a dry bulb thermometer or without qualification to a “thermometer” shall be taken to be a reference to such a thermometer and a reference without qualification to temperature shall be taken to be a reference to the dry bulb temperature. “Hygrometer” means an accurate and properly maintained and calibrated instru ment for the measurement of the relative humidity in the work-place. “Wet bulb temperature” means either— the temperature indicated by the wet bulb of a static hygrometer which relies on natural circulation of the air around the thermometer; or the temperature calculated from the dry bulb temperature and relative humidity by the method approved for the time being by the Health and Safety Executive, and any reference in these Regulations to the reading of the wet bulb thermometer shall be treated as a reference to the wet bulb temperature. . 3 For regulation 4 there shall be substituted the following regulation— 4 1 In every room in which wet spinning is carried on, or in which artificial humidity is produced in aid of manufacture a hygrometer and a thermometer close to the hygrometer shall be positioned in the centre of the room or in such other position as may be directed by an inspector by notice in writing. 2 The hygrometer and the thermometer shall be read between 10 and 11 a.m. on every day that any person is employed in the room and again between 3 and 4 p.m. on every day that any person is employed in the room agter 1 p.m. and a record of all such readings shall be kept. 3 The said record shall be kept by the occupier for at least two years from when it was made and the occupier shall give his employees immediate access to those records on request together with such information as is necessary for their interpretation. . 4 There shall be inserted the following regulation as regulation 12— 12 1 Subject to paragraph (2) of this Regulation, the Health and Safety Executive may, by a certificate in writing, exempt any person or class of persons, from all or any of the requirements or prohibitions imposed by these Regulations and any such exemption may be granted subject to conditions and to a limit of time and may be revoked by a certificate in writing at any time. 2 The Executive shall not grant any such exemption unless, having regard to the circumstances of the case and in particular to— a the conditions, if any, that it proposes to attach to the exemption; and b any requirements imposed by or under any enactments which apply to the case, it is satisfied that the health or safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it. . Amendments to the Hemp Spinning and Weaving Regulations 1907 8 1 In addition to the amendments made by Part I of these Regulations (relating to metrication) the Hemp Spinning and Weaving Regulations 1907 shall be amended in accordance with the following paragraphs of this regulation. 2 In the preliminary part of the Regulations dealing with definitions, after the words “In these Regulations” there shall be inserted at the appropriate places the following definitions— “Dry bulb temperature” means the temperature measured by an accurate and properly maintained thermometer (which may form part of the hygrometer) and any reference in the Regulations to a dry bulb thermometer or without qualification to a “thermometer” shall be taken to be a reference to such a thermometer and a reference without qualification to temperature shall be taken to be a reference to the dry bulb temperature. “Hygrometer” means an accurate and properly maintained and calibrated instru ment for the measurement of the relative humidity in the work-place. “Wet bulb temperature” means either— the temperature indicated by the wet bulb of a static hygrometer which relies on natural circulation of air around the thermometer; or the temperature calculated from the dry bulb temperature and relative humidity by the method approved for the time being by the Health and Safety Executive, and any reference in these Regulations to the reading of the wet bulb thermometer shall be treated as a reference to the wet bulb temperature. . 3 For regulation 6 there shall be substituted the following regulation— 6 1 In every room in which artificial humidity of air is produced in aid of manufacture, a hygrometer and a thermometer close to the hygrometer shall be positioned in the centre of the room or in such other position as may be directed by an inspector by notice in writing. 2 The hygrometer and the thermometer shall be read between 11 and 12 a.m. on every day that any person is employed in the room and again between 4 and 5 p.m. on every day that any person is employed in the room after 1 p.m. and a record of all such readings shall be kept. 3 The said record shall be kept by the occupier for at least two years from when it was made and the occupier shall give his employees immediate access to those records on request together with such information as is necessary for their interpretation. 4 Paragraphs (2) and (3) of this Regulation shall not apply to any room in which the difference of reading between the wet and dry bulb thermometers is never less than 2 degrees, if notice of the intention to work on that system has been given in writing to an inspector. . 4 There shall be inserted the following regulation as regulation 7— 7 1 Subject to paragraph (2) of this Regulation, the Health and Safety Executive may, by a certificate in writing, exempt any person or class of persons, from all or any of the requirements or prohibitions imposed by these Regulations and any such exemption may be granted subject to conditions and to a limit of time and may be revoked by a certificate in writing at any time. 2 The Executive shall not grant any such exemption unless, having regard to the circumstances of the case and in particular to— a the conditions, if any, that it proposes to attach to the exemption; and b any requirements imposed by or under any enactments which apply to the case, it is satisfied that the health or safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it. . Amendments to the Cotton Cloth Factories Regulations 1929 9 1 In addition to the amendments made by Part I of these Regulations (relating to metrication) the Cotton Cloth Factories Regulations 1929 shall be amended in accordance with the following paragraphs of this regulation. 2 In the preliminary part of the Regulations dealing with definitions, for the definition of “hygrometer” there shall be substituted at the appropriate places the following definitions— “Dry bulb temperature” means the temperature measured by an accurate and properly maintained thermometer (which may form part of the hygrometer) and any reference in the Regulations to a dry bulb thermometer or without qualification to a thermometer shall be taken to be a reference to such a thermometer and a reference without qualification to temperature shall be taken to be a reference to the dry bulb temperature. “Hygrometer” means an accurate and properly maintained and calibrated instru ment for the measurement of the relative humidity in the work-place. “Wet bulb temperature” means either— the temperature indicated by the wet bulb of a static hygrometer which relies on natural circulation of air around the thermometer; or the temperature calculated from the dry bulb temperature and relative humidity by the method approved for the time being by the Health and Safety Executive. In these Regulations references to the dry bulb reading of the hygrometer and the wet bulb reading of the hygrometer shall be taken to be references to the dry bulb temperature and the wet bulb temperature respectively. . 3 The preliminary part of the Regulations dealing with exemptions shall be revoked. 4 For regulation 3 there shall be substituted the following regulation— 3 In each weaving shed two hygrometers and a thermometer close to each hygrometer and one additional hygrometer and thermometer for every 500 or part of 500 looms in excess of 700 looms shall be provided, in such positions as may be approved by an inspector. . 5 For regulation 4 there shall be substituted the following regulation— 4 1 In every weaving shed the readings of each hygrometer and thermometer provided in pursuance of regulation 3 shall be observed on every day on which any workers are employed in the shed, between 15 and 30 minutes from the commencement of work, between 11 a.m. and 12 noon and (except on Saturday) between 4 and 5 p.m. and a record of those readings shall be made. 2 The said records shall be kept by the occupier for at least two years from when they were made and the occupier shall give his employees immediate access to those records on request together with such information as is necessary for their interpretation. . 6 In regulation 6(c) the words from “in such manner” to the end of the subparagraph shall be revoked. 7 There shall be inserted the following regulation as regulation 10A— 10A 1 Subject to paragraph (2) of this Regulation, the Health and Safety Executive may, by a certificate in writing, exempt any person or class of persons, from all or any of the requirements or prohibitions imposed by these Regulations and any such exemption may be granted subject to conditions and to a limit of time and may be revoked by a certificate in writing at any time. 2 The Executive shall not grant any such exemption unless, having regard to the circumstances of the case and in particular to— a the conditions, if any, that it proposes to attach to the exemption; and b any requirements imposed by or under any enactments which apply to the case, it is satisfied that the health or safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it. . 8 In regulation 12 after the word “hygrometer” there shall be inserted the words “and thermometers”. Amendments to the Jute (Safety, Health and Welfare) Regulations 1948 10 1 In addition to the amendments made by Part I of these Regulations (relating to metrication) the Jute (Safety, Health and Welfare) Regulations 1948 shall be amended in accordance with the following paragraphs of this regulation. 2 After regulation 1 there shall be inserted the following regulation— Interpretation 1A 1 In these Regulations unless the context otherwise requires— “dry bulb temperature” means the temperature measured by an accurate and properly maintained thermometer (which may form part of the hygrometer) and any reference without qualification in the Regulations to a thermometer shall be taken to be a reference to such a thermometer and a reference without qualification to temperature shall be taken as a reference to the dry bulb temperature; “hygrometer” means an accurate and properly maintained and calibrated instrument for the measurement of the relative humidity in the work-place; “wet bulb temperature” means either— the temperature indicated by the wet bulb of a static hygrometer which relies on natural circulation of air around the thermometer; or the temperature calculated from the dry bulb temperature and relative humidity by the method approved for the time being by the Health and Safety Executive. 2 In these Regulations references to the dry bulb reading of the hygrometer and the wet bulb reading of the hygrometer shall be taken as references to the dry bulb temperature and the wet bulb temperature respectively. . 3 After regulation 3 there shall be inserted the following regulation— 3A 1 Subject to paragraph (2) of this Regulation, the Health and Safety Excutive may, by a certificate in writing, exempt any person or class of persons, from all or any of the requirements or prohibitions imposed by these Regulations and any such exemption may be granted subject to conditions and to a limit of time and may be revoked by a certificate in writing at any time. 2 The Executive shall not grant any such exemption unless, having regard to the circumstances of the case and in particular to— a the conditions, if any, that it proposes to attach to the exemption; and b any requirements imposed by or under any enactments which apply to the case, it is satisfied that the health or safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it. . 4 For paragraph (2) of regulation 17 there shall be substituted the following paragraph— 2 A hygrometer and a thermometer close to it shall be kept as near as practicable to the centre of every room, and if an inspector so directs, a second hygrometer and thermometer shall be placed at the side of the room or in such other position as may be directed by an inspector. . 5 Paragraphs (3) and (4) of regulation 17 shall be revoked. 6 For paragraph (3) of regulation 18 there shall be substituted the following paragraph— 3 For the purposes of this Regulation, in the case of a room in which two hygrometers and two thermometers are placed in accordance with regulation 17 the readings to be recorded are the average of those of both hygrometers or both thermometers as the case may be. . 7 Schedule 2 to the Regulations shall be revoked. Revocation of the Flax and Hemp (Record of Humidity) Order 1961 11 The Flax and Hemp (Record of Humidity) Order 1961 shall be revoked. PART III AMENDMENTS RELATING TO THE VALUE AND DETERMINATION OF THE FLASH POINT OF PETROLEUM-SPIRIT Amendments for the purpose of this Part 12 1 These amendments shall have effect in relation to the value of the flash point of petroleum-spirit and the methods for determining it. 2 The provisions of the Petroleum (Consolidation) Act 1928 specified in Part I of Schedule 3 to these Regulations in column 1, shall be repealed or modified to the extent specified in the corresponding entry in column 2. 3 The provisions of the instruments specified in Part II of Schedule 3 to these Regulations in column 1, shall be revoked or modified to the extent specified in the corresponding entry in column 2. Signed by order of the Secretary of State. Patrick McLoughlin Parliamentary Under Secretary of State, Department of Employment 21st July 1992