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　 (Cap 59, section 7) [1 July 1977] L.N. 117 of 1977 (L.N. 70 of 1977) Cap 59R reg 1 Citation PART I PRELIMINARY These regulations may be cited as the Factories and Industrial Undertakings (Cartridge-Operated Fixing Tools) Regulations. Cap 59R reg 2 Interpretation In these regulations, unless the context otherwise requires- "approved tool" (认可工具) means a tool, including any part thereof, approved by the Commissioner under regulation 19; (L.N. 329 of 1988) "cartridge" (枪弹) means a propellant gas producing cartridge designed for use in a tool; "cartridge-operated fixing tool" (枪弹推动打钉工具) means an instrument designed and used for driving pins into structural material, the driving force being derived from a cartridge; "certificate of competency" (合资格证明书) means- (a) a certificate issued by a person who provides courses of training, approved by the Commissioner, in the operation of a tool; or (b) such other certificate approved by the Commissioner as being equivalent to a certificate referred to in paragraph (a);"construction site" (建筑地盘) means a place where construction work is undertaken and also any area in the immediate vicinity of any such place which is used for the storage of materials or plant used or intended to be used for the purpose of construction work; "direct-acting tool" (直接推动工具) means a tool in which the driving force is transmitted to the pin directly from a cartridge; "ear protector" (听觉保护器) includes ear-muffs, ear plugs and ear valves; "indirect-acting tool" (间接推动工具) means a tool in which the driving force is transmitted to the pin by means of an intervening piston with limited axial movement; "manufacturer" (制造商), in relation to a tool, means the manufacturer of the tool; "operator" (操作员) means a person using or employed in using a tool; "pin" (钉) includes a nail, stud, eyelet, eyepin, fastener or other similar object which is driven into structural material by means of a tool; "protective equipment" (防护设备) means safety goggles, safety helmets and ear protectors; "tool" (工具) means a cartridge-operated fixing tool. Cap 59R reg 3 Application These regulations apply in relation to the use of any tool in an industrial undertaking. Cap 59R reg 4 Only approved tools to be used PART II DUTIES OF CONTRACTORS, PROPRIETORS AND OPERATORS No tool other than an approved tool shall be used in an industrial undertaking. Cap 59R reg 5 Operational condition of tools (1) Every tool shall be maintained in such condition that it can be operated only- (a) when fitted with a splinter guard at right angles to the axis of the barrel and at the end of the barrel. In the case of a direct-acting tool the splinter guard shall be so maintained that the distance from the outer edge of the guard to the axis of the barrel shall not be less than 50 mm; (b) when the splinter guard is in firm contact with the material to be pierced and the splinter guard and barrel are fully pressed home against the surface of the material; (c) when the barrel and splinter guard are pressed against the surface of the material to be pierced with a pressure exceeding 5 kg; and (d) in the case of a direct-acting tool, when the axis of the barrel is at an angle of less than 7 degrees to a line perpendicular to the work surface.(2) Every tool shall be maintained in such condition that it cannot operate- (a) when the tool is being loaded; (b) when the tool is dropped on to a hard surface from a height not exceeding 300 cm; and (c) when any part of the tool has been assembled incorrectly or when the separate parts required to be dismantled or manipulated for loading have not been firmly locked together.(3) Every tool shall be maintained properly and free from patent defects. Cap 59R reg 6 Pins (1) No pins other than those which correspond to the manufacturer's specifications for the particular type and make of tool shall be used in the operation of that tool. (2) Pins, including their caps or rings, shall be of a size in conformity with the bore of the barrel of the tool. Cap 59R reg 7 Cartridges No cartridges other than those which correspond to the manufacturer's specifications for the particular type and make of tool shall be used in the operation of that tool. Cap 59R reg 8 Tool markings Every tool shall be kept clearly and permanently marked, in English or in Chinese, either on the tool or on a plate fixed to it, with- (a) the manufacturer's name or trade mark; (b) the type or model of the tool; and (c) its serial number. Cap 59R reg 9 Storage of tool and ancillary equipment (1) A tool box, or other similar container, which is of strong construction and fitted with suitable means for locking it shall be provided for the storage of every tool, its cartridges, pins and ancillary equipment. (2) A loaded tool shall not be stored in the tool box or other container provided under paragraph (1). (3) While a tool is not required for use it shall be kept in the tool box, or other container, provided under paragraph (1), which shall be locked and stored in a secure place. Cap 59R reg 10 Tool box to contain instructions on care and operation of tool Every tool box, or other similar container, provided under regulation 9, shall contain a copy of the manufacturer's instruction manual appropriate to the tool in English and Chinese giving the following information- (a) the procedure to be followed for loading, firing and dismantling the tool; (b) the procedure to be followed for dealing with delayed ignition for any cause; (c) instructions on regular cleaning, oiling and inspection and the correct method of dismantling and reassembling the removable parts of the tool; and (d) instructions on the selection of recommended pins and cartridges for the tool together with a guide for distinguishing the strength of the charge contained in the cartridges. Cap 59R reg 11 Operators to hold certificates of competency (1) A tool shall not be used other than by a person who holds a certificate of competency. (2) A certificate of competency shall be in a form approved by the Commissioner. Cap 59R reg 12 Lighting and safe place of work The place in which a tool is used shall- (a) be suitably lit to the extent necessary to secure the operator's safety; and (b) so far as is reasonably practicable, be made and kept safe to the extent that the operator shall have a firm foot-hold. (71 of 1989 s. 13) Cap 59R reg 13 Safe atmosphere No tool shall be used in an atmosphere containing flammable vapours, flammable gases or explosive dusts. Cap 59R reg 14 Protective equipment (1) Suitable protective equipment shall be provided and maintained in good condition for the use of every operator. (2) Every operator shall, while using a tool, wear the protective equipment provided for him under paragraph (1). Cap 59R reg 15 Action when defect discovered If the operator of a tool discovers a fault or defect in the tool, or in any pins or cartridges provided for use therewith, he shall- (a) cease to operate the tool; and (b) forthwith report the fault or defect to the contractor or proprietor employing him. Cap 59R reg 16 Person under 18 not to use tools No person under the age of 18 years shall be permitted to use a tool. Cap 59R reg 17 Misuse of tools, etc. No person shall misuse or, without reasonable excuse, interfere with- (a) any tool, pin or cartridge; or (b) any protective equipment provided under regulation 14(1). Cap 59R reg 18 Offences and penalties PART III MISCELLANEOUS (1) The contractor engaged in construction work on a construction site or the proprietor of any other industrial undertaking in or in respect of which any of the provisions of regulation 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 or 16 is contravened commits an offence and is liable to a fine of $50000. (L.N. 39 of 1994) (1A) (Repealed L.N. 39 of 1994) (2) An operator who contravenes any of the provisions of regulation 6, 7, 9(2) or (3), 11, 13, 14(2) or 15 commits an offence and is liable to a fine of $10000. (3) Any person who contravenes any of the provisions of regulation 17 commits an offence and is liable to a fine of $50000. (L.N. 39 of 1994) (L.N. 327 of 1981) Cap 59R reg 19 Commissioner may approve tools The Commissioner may approve a cartridge-operated fixing tool by notice in the Gazette. (L.N. 329 of 1988) Cap 59R SCHEDULE (Repealed L.N. 329 of 1988)