CHAPTER 441 - FACTORIES ACT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Factories (Appeals to the Board) Rules

Construction (Safety and Health) Regulations

Construction (Safety and Health) Regulations - Register of Hoist, Lifting Machines and Lifting Tackle

Factories (Electricity) Regulations

First-aid Boxes Regulations

Woodworking Machinery Regulations

Factories Act (Application Extension) Order

Factories (Cleanliness of Walls and Ceilings) Regulations

Factories (First-aid) (Prescribed Standard of Training) Regulations

Factories (Prescribed Particulars and Forms) Regulations

Factories (Benzene) Regulations

Factories (Lifting Machinery) (Inspection and Examination (Fees) Regulations

Factories (Plant Inspection and Examination Fees) Regulations

FACTORIES (APPEALS TO THE BOARD) RULES

[Section 17]

Arrangement of Rules

   Rule

   1.   Title

   2.   Evidence

   3.   Affidavit

[Rules by the Chief Justice]

SI 382 of 1968.

1.   Title

These Rules may be cited as the Factories (Appeals to the Board) Rules.

2.   Evidence

On any appeal under section 17 of the Act, the parties may adduce evidence.

3.   Affidavit

The Board may in its discretion receive evidence on affidavit either in addition to or in substitution for oral evidence.

CONSTRUCTION (SAFETY AND HEALTH) REGULATIONS

[Sections 68, 74 and 82]

Arrangement of Regulations

   Regulation

PART I
PRELIMINARY

   1.   Title and application

   2.   Interpretation

   3.   Notice of commencement of construction work

   4.   Exemption

PART II
SCAFFOLDS AND MEANS OF ACCESS

   5.   Provision of scaffolds and means of access

   6.   Supervision of work and inspection of materials

   7.   Construction of scaffolds

   8.   Support and stability of scaffolds

   9.   Travelling scaffolds

   10.   Gear for suspension of scaffolds

   11.   Maintenance of scaffolds

   12.   Cantilever, jib, etc., scaffolds

   13.   Suspended scaffolds

   14.   Skips, buckets, boatswain’s chairs, etc.

   15.   Trestle scaffolds

   16.   Ladder scaffolds

   17.   Inspection of scaffolds

   18.   Scaffolds used by workmen of more than one employer

   19.   Overloading of scaffolds

PART III
WORKING PLATFORMS, WORKING PLACES, GANGWAYS ETC.

   20.   Working platforms

   21.   Boards and planks in working platforms, etc

   22.   Guard-rails and toe-boards at working places

   23.   Construction of gangways and runs

   24.   Guard-rails, etc., for gangways, etc.

   25.   Platforms, etc., to be unobstructed

   26.   Ladders and step-ladders

   27.   Communication ladders

   28.   Openings left in roofs, walls, floors, etc.

   29.   Sloping roofs and fragile materials

   30.   Lighting of working places

PART IV
LIFTING MACHINERY

   31.   Construction and maintenance

   32.   Support, anchoring and stability

   33.   Travelling or slewing motion

   34.   Erection and dismantling

   35.   Drums and pulleys

   36.   Brakes and controls

   37.   Restriction on use of cranes

   38.   Marking of safe working load

   39.   Load not to exceed safe working load

   40.   Precautions when raising or lowering

   41.   Testing and thorough examination

   42.   Weekly inspections

   43.   Thorough examinations

   44.   Testing of anchorage or ballasting

   45.   Safe means of access

   46.   Operation and signalling

PART V
HOISTS

   47.   Safety of hoistways

   48.   Hoists used only for goods, plant or material

   49.   Safety devices

   50.   Hoists carrying persons

   51.   Winches

   52.   Safe working load of hoists

PART VI
LIFTING TACKLE AND PLANT

   53.   Construction, testing, examination, safe working load

   54.   Hooks

   55.   Slings

   56.   Secureness of loads

   57.   Carriage of persons

   58.   Records and exceptions

PART VII
EXCAVATIONS, SHAFTS AND TUNNELS

   59.   Inspection of excavations, etc.

   60.   Inspection and supervision of timbering

   61.   Excavations which reduce stability

   62.   Fencing of excavations

   63.   Safeguarding edges of excavations

   64.   Open face excavations

   65.   Means of entry and exit

   66.   Hard hats

   67.   Explosives

PART VIII
DEMOLITION

   68.   Avoidance of danger from electric cables, fire and water

   69.   Overloading of floors, etc.

   70.   Removal of steelwork

   71.   Shoring to prevent collapse

   72.   Supervision

PART IX
TRANSPORT

   73.   Rails and rail tracks

   74.   Maintenance of locomotives, etc.

   75.   Clearance

   76.   Gantries

   77.   Warning of movement

   78.   Riding on vehicles

   79.   Loading of vehicles

   80.   Mechanically propelled vehicles and trailers

   81.   Inclined tracks

   82.   Vehicles near edge of excavation, etc.

PART X
HEALTH

   83.   First-aid, ambulance and ambulance room

   84.   Drinking water

   85.   Shelters, accommodation for clothing, accommodation for meals

   86.   Sanitary conveniences

   87.   Inhalation of dust or fumes

   88.   Protection of eyes

   89.   Ventilation of confined spaces

   90.   Lead compounds and other poisonous substances

PART XI
MISCELLANEOUS

   91.   Projecting nails and loose material

   92.   Construction of temporary structures

   93.   Avoidance of danger from collapse of structure

   94.   Prevention of drowning

   95.   Safety nets, sheets and belts

   96.   Generation of steam, smoke and vapour

   97.   Protection from falling material

   98.   Returns

   99.   Guarding of machinery

   100.   Electricity

   101.   Duties of contractors and employers of workmen

   102.   Duties of persons employed

   103.   Notice of accidents

   104.   Mining operations and premises

   105.   Penalties

      FIRST SCHEDULE

      SECOND SCHEDULE

[Regulations by the Minister]

SI 420 of 1967,

SI 90 of 1974.

PART I
PRELIMINARY

1.   Title and application

These Regulations may be cited as the Construction (Safety and Health) Regulations, and shall apply—

      (a)   to building operations;

      (b)   to works of engineering construction;

as defined in section 3 of the Act, and undertaken by way of trade or business or for the purpose of any industrial or commercial undertaking, or by or on behalf of the Government or any local or other public authority.

2.   Interpretation

In these Regulations, unless the context otherwise requires—

“construction work” means any building operation or work of engineering construction;

“employer” means any person who, in connection with any construction work, employs or provides employment for or permits any other person in any manner whatsoever to assist in or about any construction work;

“hoist” means a lifting machine, whether worked by mechanical power or not, with a platform, carriage, cage, skip, bucket or other receptacle, the direction of movement of which is restricted by a guide or guides;

“ladder” does not include a step-ladder;

“ladder scaffold” means a scaffold with a working platform which is supported directly or by means of a crutch or bracket on a rung or rungs of a ladder;

“lifting machine” means a crab, winch, pulley block or gin wheel used for raising or lowering, and a hoist, crane, sheer legs, excavator, drag line, piling frame, aerial cableway, aerial ropeway or overhead runway;

“lifting tackle” means chain slings, rope slings or similar gear, and rings, links, hooks, plate clamps, shackles, swivels or eye bolts;

“scaffold” means any temporary structure on or from which persons perform work in connection with any construction work, and any temporary structure which enables persons to obtain access to or which enables materials to be taken to any place at which such work is performed, and includes any working platform, gangway, run, ladder or step-ladder (other than an independent ladder or step-ladder which does not form part of such a structure) together with any guard-rail, toe-board or other safeguards and all fixings, but does not include a lifting machine or a structure used merely to support such a machine or to support machinery or plant;

“suspended scaffold” means a scaffold suspended by means of ropes or chains, and capable of being lowered or raised by such means, but does not include a boatswain’s chair or similar appliance;

“trestle scaffold” includes a scaffold in which the supports for the platform are step-ladders, tripods or similar movable contrivances;

“working platform” includes a working stage;

“workman” means any person who is employed or permitted to assist in any manner whatsoever in or about any construction work;

“work of engineering construction”, as defined in section 3 of the Act, is hereby extended to include—

the construction, structural alteration or repair (including repointing and repainting) or the demolition of all or any of the following:

      (a)   any steel or reinforced concrete structure other than a building;

      (b)   any airfield;

      (c)   any lake defence works or river works; and

      (d)   any other civil or constructional engineering works of a similar nature to any of the foregoing works.

3.   Notice of commencement of construction work

   (1) Any person undertaking any construction work which he has reasonable grounds for believing will not be completed within a period of less than six weeks shall, immediately upon the commencement thereof, give to the Commissioner written notice stating the name and address of such person, the place and nature of the construction work, and whether or not any mechanical power is to be used therein and, if so, its nature:

Provided that no such notice shall be required in the case of any construction work which is to be undertaken upon a site where other construction work, in respect of which such a notice has been given, is in progress.

   (2) Notwithstanding the provisions of sub-regulation (1), the Commissioner may, by statutory order, require the giving of notice in respect of any class of construction work as may be specified in such order, even though the work is to be completed within a period of less than six weeks.

   (3) Any notice given under the provisions of this regulation shall be given to the Commissioner through the inspector in the District in which the construction work concerned is to be carried out or, if no such inspector has been appointed, to the Commissioner direct.

4.   Exemption

If the Commissioner is satisfied that, in the case of any particular class or description of plant or of any special description or method of work, the application of any requirement of these Regulations is, in any class or description of circumstances, not necessary in the interests of safety or not reasonably practicable, he may by certificate in writing (which he may at his discretion revoke at any time) grant an exemption from that requirement, subject to such conditions as may be specified in the certificate.

PART II
SCAFFOLDS AND MEANS OF ACCESS

5.   Provision of scaffolds and means of access

Suitable and sufficient scaffolds shall be provided and erected for all construction work which cannot safely be done on or from the ground, or from part of a permanent structure, or from a ladder, or from other available means of support, and sufficient safe means of access shall be provided, so far as is reasonably practicable, to every place at which any person has at any time to work.

6.   Supervision of work and inspection of materials

   (1) No scaffold shall be erected, or be substantially added to or altered or be dismantled, otherwise than under the immediate supervision of a competent person, and so far as possible by competent workmen possessing adequate experience of such work.

   (2) All materials for use in any scaffold shall be inspected by a competent person on each occasion before being taken into use.

7.   Construction of scaffolds

   (1) Every scaffold and every part thereof shall be of good construction, of suitable and sound material, and of adequate strength for the purpose for which it is used.

   (2) Sufficient material shall be provided for and shall be used in the construction of scaffolds.

   (3) Timber used for the construction of scaffolds shall be of suitable quality, be in good condition, have the bark completely stripped off, and not be painted or treated in any way so that defects cannot easily be seen.

   (4) Metal parts used for scaffolds shall be of suitable quality and be in good condition and free from corrosion or other patent defect likely to affect their strength materially.

8.   Support and stability of scaffolds

   (1) Every scaffold shall be securely supported or suspended and shall where necessary be sufficiently and properly strutted or braced to ensure stability.

   (2) All structures and appliances used as supports for scaffolds shall be of sound construction, have a firm footing or be firmly supported, and shall where necessary be sufficiently and properly strutted or braced to ensure stability.

   (3) Standards and uprights of scaffolds shall be, where practicable, vertical or slightly inclined towards the building or structure and be sufficiently close to ensure stability. Displacement of the foot of any standard shall be prevented by sinking into the ground or by placing the standard on a suitable plank or base plate, or by other adequate arrangements to prevent slipping.

   (4) No part of a building or structure shall be used as support for part of a scaffold unless it is sufficiently strong and stable to afford safe support.

   (5) Putlogs shall be straight or approximately straight. Putlogs having one end supported by a wall shall have a flat supporting surface at that end. Distances between putlogs shall be fixed with due regard to the nature of the platform and the load it will bear.

9.   Travelling scaffolds

Any travelling scaffold or scaffold which can be moved on wheels or skids shall, unless it is a suspended or slung scaffold, be—

      (a)   constructed with due regard to stability and, if necessary for stability, adequately weighted at the base;

      (b)   used only on a firm and even surface, not so sloping as to involve risk of instability of the scaffold or any load thereon;

      (c)   adequately secured to prevent movement when any person is working upon it;

      (d)   moved only by the application of force at or near the base.

10.   Gear for suspension of scaffolds

   (1) Chains, ropes and lifting gear used for the suspension of scaffolds shall be of sound material, adequate strength and suitable quality, and in good condition.

   (2) No rope other than a wire rope shall be used for the suspension of a scaffold:

Provided that this sub-regulation shall not apply in the case of a suspended scaffold which is raised or lowered otherwise than by means of winches, nor in the case of equipment used in lieu of a suspended scaffold in accordance with the provisions of regulation 14.

   (3) Chains, ropes and metal tubes used for the suspension of a scaffold, other than a suspended scaffold, shall be properly and securely fastened to safe anchorage points and to the scaffold ledgers or other main supporting members, and shall be so positioned as to ensure stability of the scaffold, and shall be approximately vertical and be kept taut.

   (4) Every scaffold suspended by means of ropes or chains shall be secured so as to prevent undue horizontal movement while it is used as a working platform.

11.   Maintenance of scaffolds

All scaffolds shall be properly maintained and every part shall be kept so fixed, secured or placed in position as to prevent, so far as is practicable, accidental displacement.

12.   Cantilever, jib, etc, scaffolds

   (1) No cantilever or jib scaffold shall be used unless it is adequately supported, fixed and anchored on the opposite side of the support, has outriggers of adequate length and cross-section, and is, where necessary, sufficiently strutted or braced to ensure rigidity and stability.

   (2) No figure or bracket scaffold supported or held by dogs, spikes or similar fixings liable to pull out of the stonework or brickwork in which they are gripped or fixed shall be used.

13.   Suspended scaffolds

No suspended scaffold shall be used unless it complies with the following requirements:

      (a)   the platform shall be at least 500 millimetres wide and of adequate strength:

      (b)   the outriggers or other means of support are properly constructed, of adequate length and strength and properly installed and secured:

      (c)   the platform shall be provided with a suitable guardrail and toe-board or other efficient means to prevent the fall of persons or articles from the platform.

[Am by SI 90 of 1974.]

14.   Skips, buckets, boatswain’s chairs, etc.

   (1) A skip, bucket, basket, boatswain’s chair or similar equipment shall not be used in lieu of a suspended scaffold, except in special circumstances where the work to be performed therefrom is of such short duration as to make the use of a suspended scaffold unreasonable, or where the use of a suspended scaffold is not reasonably practicable, and such equipment shall only be so used under the supervision of a responsible person.

   (2) No equipment as is mentioned in sub-regulation (1) shall be used in lieu of a suspended scaffold unless—

      (a)   the equipment, including all the suspension ropes or chains and their means of support, are of good construction, sound material, adequate strength and free from patent defect, and the ropes or chains are securely attached; and

      (b)   suitable measures are taken to prevent spinning or tipping and to prevent any occupant from falling therefrom.

   (3) No skip, bucket or basket shall be used in lieu of a suspended scaffold unless it is—

      (a)   at least 800 millimetres deep; and

      (b)   either constructed wholly of suitable metal or carried by two strong bands of suitable metal which are properly fastened and continue round the sides and bottom.

[Am by SI 90 of 1974.]

15.   Trestle scaffolds

   (1) No trestle scaffold shall be used—

      (a)   if constructed with more than three tiers; or

      (b)   if it has a working platform more than 4,500 metres above the ground or floor or other surface upon which the scaffold is erected.

   (2) No trestle scaffold shall be erected on a scaffold platform unless—

      (a)   the width of the platform is such as to leave sufficient clear space for the transport of materials; and

      (b)   the trestles or uprights are firmly attached to the platform and adequately braced to prevent displacement.

   (3) No trestle scaffold shall be erected on a suspended scaffold.

[Am by SI 90 of 1974.]

16.   Ladder scaffolds

Ladder scaffolds shall be of adequate strength and used only for light work.

17.   Inspection of scaffolds

Scaffolds in use, together with all fittings and connections, shall be inspected at least once a week by a competent person deputed by the employer, and a record in the form set out in the First Schedule shall be kept of all such inspections.

18.   Scaffolds used by workmen of more than one employer

Where a scaffold or part thereof is to be used by or on behalf of an employer, other than the employer for whose workmen it was first erected, the first-mentioned employer shall, before such use, and without prejudice to any other obligations imposed upon him, take express steps, either personally or by a competent agent, to satisfy himself that the scaffold or part thereof is stable, that the materials used in its construction are sound, and that the safeguards required by these Regulations are in position.

19.   Overloading of scaffolds

Scaffolds shall not be overloaded and materials shall not be kept thereon unless needed within a reasonable time.

PART III
WORKING PLATFORMS, WORKING PLACES, GANGWAYS, ETC.

20.   Working platforms

   (1) Every working platform from which a person is liable to fall more than 2 metres shall be—

      (a)   closely boarded, planked or plated;

      (b)   at least 500 millimetres wide if the platform is used as a footing only and not for the deposit of any material;

      (c)   at least 1 metre wide if the platform is used for the deposit of material;

      (d)   at least 1,250 metres wide if the platform is used for the support of any higher platform:

Provided that—

      (i)   the requirements of paragraphs (b) and (c) shall not apply in the case of a platform of a suspended scaffold, or in the case of a platform not less than 500 millimetres wide being the platform of a ladder scaffold or of a trestle scaffold where the work is of such a light nature and the material required for the work is such that a platform less than 1 metre wide can be used with safety, and the platform is not used for the support of any higher platform;

      (ii)   the requirements of paragraphs (b) and (c) shall not apply in the case of a platform of a scaffold which has to be placed in a confined space, where these requirements are impracticable and the platform is as wide as practicable.

   (2) No working platform resting on bearers let into a wall at one end and without other support shall be used unless the bearers are of adequate strength, pass through the wall and are securely fastened on the other side.

   (3) Loose bricks, drainpipes, fuel drums or other unsuitable material shall not be used for the construction or support of scaffolds save that bricks or small blocks may, if they provide a firm support, be used to support a platform not more than two feet above the ground or floor.

[Am by SI 90 of 1974.]

21.   Boards and planks in working platforms, etc

   (1) All boards or planks forming part of a working platform, gangway or run shall be of such thickness and so supported as to prevent undue or unequal sagging and also so supported or secured as to prevent tipping or spreading.

   (2) Suitable measures such as the provision of adequate bevelled pieces shall be taken to reduce to a minimum the risk of tripping and to facilitate the movement of barrows where boards or planks which form part of a working platform, gangway or run overlap each other or are not of reasonably uniform thickness where they meet each other or, owing to warping or for some other reason, do not provide an even surface.

22.   Guard-rails and toe-boards at working places

   (1) Subject to the provision of sub-regulations (3), (4) and (5), every side of a working platform or working place, being a side thereof from which a person is liable to fall a distance of more than 2 metres, shall be provided with a suitable guard-rail or guard-rails of adequate strength, to a height of at least 1 metre above the platform or place and above any raised standing place on the platform or place, and with toe-boards up to a sufficient height, being in no case less than 205 millimetres, and so placed as to prevent so far as possible the fall of persons, materials and tools from such platform or place.

   (2) The guard-rails and toe-boards used on a working platform or working place shall be placed on the inside of the uprights, and the space between any toe-board and the lowest guard-rail above it shall not exceed 700 millimetres.

   (3) It shall not be necessary to have a guard-rail up to 1 metre above the platform or place where this is impracticable on account of the nature or special circumstances of the work—

      (a)   if there is a guard-rail up to a height of at least 700 millimetres; or

      (b)   if, where a guard-rail up to a height of 700 millimetres is impracticable, secure handholds are provided for persons endangered by the absence of a guard-rail up to that height.

   (4) Guard-rails and toe-boards required by sub-regulations (1) and (2) may be removed or remain unerected for the time and to the extent necessary for the access of persons or the movement of materials.

   (5) The requirements of sub-regulations (1) and (2) shall not apply—

      (a)   in respect of toe-boards, to the platform of a ladder scaffold or a trestle scaffold, or where and so far as the provision of a toe-board is impracticable on account of the nature or special circumstances of the work;

      (b)   in respect of guard-rails, to the platform of a ladder scaffold if a secure handhold is provided for the full length of such platform, nor to the platform of a trestle scaffold when the platform is supported on folding trestles or step-ladders;

      (c)   to a platform provided with suitable guard-rails which is on a sloping surface;

      (d)   to a temporary platform which is used only by erectors of structural steelwork or ironwork for the purposes of bolting-up, riveting or welding work of such short duration as to make the provision of a platform with guard-rails and toe-boards unreasonable, so long as—

      (i)   the platform is at least 1 metre wide; and

      (ii)   there is adequate handhold; and

      (iii)   the platform is not used for the deposit of tools or materials otherwise than in boxes or receptacles suitable to prevent the fall of the tools or materials from the platform.

[Am by SI 90 of 1974.]

23.   Construction of gangways and runs

   (1) Every gangway or run from any part of which a person is liable to fall a distance of more than 2 metres shall—

      (a)   be closely boarded, planked or plated:

Provided that this paragraph shall not apply to a gangway or run which is part of the fixed equipment of a structure and the boards, plates or planks of which are so secured as to prevent their moving and so placed that the space between adjacent boards, plates or planks does not exceed 25 millimetres, and there is no risk of persons below such gangway or run being struck by tools or other objects falling through such gangway or run;

      (b)   be at least 500 millimetres wide.

   (2) No gangway, run or working platform shall be used for the passage of materials unless it affords a clear passage-way which is adequate in width for the passage of the materials without the removal of the guard-rails or toe-boards and in any case is not less than 700 millimetres wide.

   (3) No gangway or run shall be used the slope of which exceeds one vertical to three horizontal.

   (4) Where the slope of any gangway or run renders additional foothold necessary, and in every case where the slope exceeds one vertical to four horizontal, there shall be provided proper stepping laths which shall—

      (a)   be placed at suitable intervals; and

      (b)   be the full width of the gangway or run, except that they may be interrupted over a width of not more than 100 millimetres to facilitate the movement of barrows.

[Am by SI 90 of 1974.]

24.   Guard-rails, etc., for gangways, etc.

All gangways, runs and stairs from which a person is liable to fall a distance of more than 2 metres shall be provided with—

      (a)   suitable guard-rails of adequate strength to a height of at least 1 metre above the gangway, run or stair;

      (b)   except in the case of stairs, toe-boards up to a sufficient height, being in no case less than 205 millimetres and so placed as to prevent so far as possible the fall of persons, materials and tools; the space between any such toe-board and the lowest guard-rail above it shall not exceed 700 millimetres:

Provided that the provisions of this regulation shall not apply to a temporary gangway which is used only by erectors of structural steelwork or ironwork for the purposes of bolting-up, riveting or welding work of such short duration as to make the provision of a gangway with guard-rails and toe-boards unreasonable.

[Am by SI 90 of 1974.]

25.   Platforms, etc., to be unobstructed

   (1) Every platform, gangway, run or stair shall be kept free from any unnecessary obstruction, or projections, material or rubbish and from any projecting nails.

   (2) If any platform, gangway, run or stair becomes slippery, appropriate steps shall, as soon as is reasonably practicable, be taken to remedy the defect.

26.   Ladders and step-ladders

   (1) Every ladder and step-ladder shall be of good construction, sound material and adequate strength for the purpose for which is it used.

   (2) Ladders or step-ladders shall have a level and firm footing and shall not stand on loose bricks or other loose packing.

   (3) Every ladder shall be properly placed and secured so that it cannot move from its position, and if it cannot be so secured it shall be secured as far as is practicable; if the ladder is supported but not securely fixed at the base a person shall, if practicable, be stationed at the base of the ladder to prevent slipping.

   (4) No ladder shall be used which has—

      (a)   a missing or defective rung; or

      (b)   any rung which depends for its support solely on nails, spikes or other similar fixing.

   (5) No wooden ladder shall be used unless it is constructed with—

      (a)   uprights of adequate strength;

      (b)   rungs made of straight grained wood free from defect and mortised or securely notched into the uprights;

      (c)   reinforcing metal ties if the tenons are not secured by wedges.

27.   Communication ladders

   (1) Where a ladder, other than a crawling ladder, is used as a means of communication or as a working place, the ladder shall rise, or an adequate handhold shall be provided, to a height of at least 1 metre above the place of landing or the highest rung to be reached by the feet of any person working on the ladder, as the case may be, or, if that is impracticable, to the greatest practicable height.

   (2) Every ladder or run of ladders rising a vertical distance of over 9 metres shall, if practicable, unless fitted with a safety cage or safety hoops, be provided with an intermediate landing place or places so that the vertical distance between two successive landing places shall not exceed 9 metres.

[Am by SI 90 of 1974.]

28.   Openings left in roofs, walls, floors, etc.

Every accessible opening left in a roof, wall or floor of a building or structure, or in a working platform, gangway or run, through which any person is liable to fall a distance of more than 2 metres, shall be provided with suitable guard-rails and toe-boards or coverings to prevent the fall of persons or materials or articles through the opening, except where and when access is required for workmen or for the movement of materials, or for the completion of the building or permanent filling in of the opening.

[Am by SI 90 of 1974.]

29.   Sloping roofs and fragile materials

   (1) Where any person is employed in connection with any construction work to which these Regulations apply, on a sloping roof without adequate footholds or handholds and having a pitch of more than 10 degrees, suitable and sufficient crawling ladders or duck-boards shall be provided and used, and such ladders or duck-boards shall be secured to prevent their slipping,

   (2) Where all the work cannot be done from secured crawling ladders or duck-boards and where the sloping roof has a pitch of more than 30 degrees or the covering of the roof has a slippery surface, and where a person is liable to fall a vertical distance of more than 2 metres from the edges or the eaves, a parapet or barrier shall be provided at the lower edges or eaves of the roof, so as to prevent any person falling off the roof.

   (3) Without prejudice to the foregoing provisions, no person shall pass across, or work on or from material which is liable to fracture and is so situated that he would be liable to fall a distance of more than 2 metres, unless suitable and sufficient ladders, crawling ladders or duck- boards are provided, secured, and used.

   (4) Prominent warning notices shall, except where the material is glass, be affixed at the approaches to fragile material.

[Am by SI 90 of 1974.]

30.   Lighting of working places

Every working place and approach thereto connected with any construction work shall be adequately lighted.

PART IV
LIFTING MACHINERY

31.   Construction and maintenance

   (1) Every lifting machine and every part thereof including all working gear and all other plant or equipment used for anchoring or fixing such machinery shall be of good mechanical construction, sound material, adequate strength and free from patent defect, and shall be properly maintained.

   (2) No crane which has any timber structural member shall be used.

   (3) Every part of the framework of every crab or winch, including the bearers, shall be of metal.

   (4) Every platform for the person or persons driving or operating a crane, or for any signaller, shall be—

      (a)   of sufficient area for the persons employed thereon;

      (b)   close planked or plated;

      (c)   provided with safe means of access;

      (d)   provided with guard-rails and toe-boards where necessary to prevent danger.

   (5) Every travelling jib crane on rails shall be provided with guards to remove any loose material from the track.

   (6) The rail track on which a travelling crane moves shall be of sound construction, properly laid, maintained in good condition, as level as far as practicable, and provided with effective stops at the ends.

   (7) Every travelling crane shall be fitted with effective brakes.

   (8) Every travelling crane shall be fitted with an effective whistle or other warning device.

32.   Support, anchoring and stability

   (1) Every lifting machine shall be adequately and securely supported.

   (2) The anchoring or fixing arrangements of every lifting machine shall be adequate and secure.

   (3) Every temporary attachment or connection of a rope, chain or other plant or equipment used in the erection or dismantling of any lifting machine shall be adequate and secure.

   (4) No mobile lifting machine shall be used on a soft or uneven surface or on a slope in circumstances in which the stability of the machine is likely to be affected, unless adequate precautions are taken to ensure its stability.

   (5) No fixed crane shall be used unless it is securely anchored or adequately weighted by suitable ballast properly placed on the crane structure so as to ensure stability.

   (6) Where the stability of a crane is secured by means of removable weights, a diagram or notice indicating the position and amount of such weights shall be affixed on the crane where it can readily be seen.

33.   Travelling or slewing motion

On every stage, gantry or other place where a lifting machine having a travelling or slewing motion is used, an unobstructed passageway not less than 610 millimetres wide shall be maintained between any part of the machine liable so to move and any guard-rails, fencing or nearby fixtures:

Provided that if at any time it is impracticable to maintain such a passage-way at any place or point, all reasonable steps shall be taken to prevent the access of any person to such place or point at any time.

[Am by SI 90 of 1974.]

34.   Erection and dismantling

   (1) A crane shall not be erected or dismantled except under the supervision of a competent person.

   (2) The jib of a scotch derrick crane shall not be erected between the back stays of the crane.

   (3) Effective measures shall be taken to prevent the foot of the king post of any scotch derrick crane from being lifted out of its socket or support whilst in use.

35.   Drums and pulleys

   (1) Every drum or pulley round which the chain or wire rope of any lifting machine is carried shall be of suitable diameter and construction for the chain or rope used.

   (2) Every chain or rope which terminates at the winding drum of a lifting machine shall be properly secured thereto, and at least two turns of such chain or rope shall remain on the drum in every operating position of the machine.

36.   Brakes and controls

   (1) Every crane, crab and winch shall be provided with an efficient brake or brakes or other safety device which will prevent the fall of the load when suspended and by which the load can be effectively controlled whilst being lowered.

   (2) On every lifting machine, every lever, handle or wheel provided for controlling the operation of any part of the machine shall, where practicable, be provided with a suitable locking device to prevent accidental movement or displacement of the lever, handle or wheel, unless it is so placed or constructed as to prevent such accidental movement or displacement, or unless the machine is so constructed that such accidental movement or displacement will not affect the machine in a manner liable to cause danger.

   (3) Every lever, handle, wheel, switch or other device provided for controlling the operation of any part of a lifting machine shall have upon or adjacent to it clear markings to indicate its purpose and mode of operation:

Provided that this sub-regulation shall not apply to rotating handles for raising or lowering the load in the case of a winch or non-derricking jib crane not operated by mechanical power.

   (4) The rotating handle of any hand operated crane shall be removed when lowering the load on the brake.

   (5) Every machine used for raising and suspending a pile driving hammer which operates by gravity shall be provided with adequate means of control, including efficient brakes and there shall be suitable scotches or stops for every such hammer.

   (6) On every crane having a derricking jib operated through a clutch, there shall be provided and properly maintained an effective interlocking arrangement between the derricking clutch and the pawl sustaining the derricking drum, which shall ensure that the clutch cannot be disengaged unless the pawl is in effective engagement with the derricking drum, and the pawl cannot be disengaged unless the clutch is in effective engagement with the derricking drum:

Provided that this sub-regulation shall not apply to any crane in which—

      (i)   the hoisting drum and the derricking drum are independently driven; or

      (ii)   the mechanism driving the derricking drum is self-locking.

37.   Restriction on use of cranes

   (1) Without prejudice to sub-regulation (2), the hoisting mechanism of a crane shall not be used for any purpose other than raising or lowering a load vertically, unless no undue stress is imposed on any part of the crane structure or mechanism, and the stability of the crane is not thereby endangered and unless such use is supervised by a competent person.

   (2) A crane with a derricking jib shall not be used with the jib at a radius exceeding the maximum radius at which the jib may be worked and which is required to be plainly marked upon the crane by regulation 38.

38.   Marking of safe working load

   (1) The safe working load or safe working loads and a means of identification shall be plainly marked upon every crane, crab or winch and upon every pulley block, gin wheel, sheer legs or derrick pole or mast used in the raising or lowering of any load.

   (2) Every crane with a derricking jib shall have plainly marked upon it the safe working loads at various radii of the jib, and the maximum radius at which the jib may be worked, and be fitted with an accurate indicator clearly visible to the driver, showing the radius of the jib at any time and the safe working load corresponding to that radius.

39.   Load not to exceed safe working load

A crane, crab, winch, pulley block, gin wheel, sheer legs, derrick pole, mast or any part of such machine shall not be loaded beyond the safe working load, provided that for the purpose of making tests of any such machine the safe working load may be exceeded by such amount as a competent person appointed to carry out the tests may authorise.

40.   Precautions when raising or lowering

   (1) Where there is lifted on a crane, crab, winch (other than a piling winch), sheer legs or aerial cableway, a load which is equal to or slightly less than the relevant safe working load and which is not already sustained wholly by the machine, the lifting shall be halted after the load has been raised a short distance and before the operation is proceeded with.

   (2) Where more than one lifting machine is required to raise or lower one load—

      (a)   the plant or equipment used shall be so arranged and fixed that no such lifting machine shall at any time be loaded beyond its safe working load or be rendered unstable in the raising or lowering of the load; and

      (b)   a competent person shall be specially appointed to supervise the operation.

41.   Testing and thorough examination

No crane, crab, winch, hoist, pulley block, gin wheel or sheer legs shall be used for the first time unless it has been tested and thoroughly examined by a competent person or certified by the manufacturer of the machine. A certificate of the test and examination specifying the safe working load or loads shall be kept available for inspection.

42.   Weekly inspections

Every lifting machine and all plant or gear used for anchoring or fixing such machine shall, as far as the construction permits, be inspected for patent defects by a competent person at least once in every week.

43.   Thorough examinations

No lifting machine shall be used unless it has been thoroughly examined by a competent person within the previous fourteen months, or, in the case of a hoist, within the previous six months, and following any substantial alteration or repair.

44.   Testing of anchorage or ballasting

   (1) The whole of the appliances for the anchorage or ballasting of a crane shall be examined by a competent person on each occasion before the crane is erected.

   (2) After each erection of a crane on a construction site and after each removal of a crane about or to such a site, or any adjustment to any member of a crane, being a removal or adjustment which involves changes in the arrangements for anchoring or ballasting the crane, the security of the anchorage or the adequacy of the ballasting, as the case may be, shall, before the crane is taken into use, be tested by a competent person, by the imposition either—

      (a)   of a load of twenty-five per centum above the maximum load to be lifted by the crane as erected at the positions where there is the maximum pull on each anchorage; or

      (b)   of a less load arrangement to provide an equivalent test of the anchorage or ballasting arrangements.

45.   Safe means of access

Where any person engaged on the examination, repair or lubrication of any lifting machine is liable to fall a distance of more than 2 metres there shall, so far as is reasonably practicable, be provided and maintained safe means of access to the place at which the person has to work, with, where necessary, adequate footholds and handholds.

[Am by SI 90 of 1974.]

46.   Operation and signalling

   (1) A lifting machine shall not be operated except by a person trained and competent to operate that machine, except that it shall be permissible for such machine to be operated by a person who is under the direct supervision of a qualified person for the purpose of training.

   (2) Where the person operating a lifting machine (other than a hoist subject to Part V) has not a clear and unrestricted view of the load, or, where there is no load, of the point of attachment for a load, and of its vicinity, throughout the operation, except at any place where such a view is not necessary for safe working, there shall be—

      (a)   appointed and suitably stationed one or more competent persons as may be necessary to give the necessary signals to the operator; or

      (b)   effective apparatus or devices provided and used to give sound, light or colour signals to the operator.

   (3) Every signal for the movement or stopping of a lifting machine or its load, as required by sub-section (2), shall be of a distinctive character and such that the person to whom it is given is able to see or hear it easily.

   (4) Devices or apparatus used for giving sound, light or colour signals shall be efficient and properly maintained and signal wires shall be adequately protected from accidental interference.

PART V
HOISTS

47.   Safety of hoistways

Accessible parts of the hoistway of every hoist shall be efficiently protected to prevent any person falling down the hoistway or coming into contact with any moving part of the hoist or falling from a hoist platform at rest at a landing or loading place.

48.   Hoists used only for goods, plant or material

   (1) The installation arrangements of every hoist shall at any one time be such that it can be operated from only one position.

   (2) If the person operating a hoist has not a clear and unrestricted view of the platform, carriage, cage, skip, bucket or other receptacle throughout its travel, except at points where such view is not necessary for safe working, then effective arrangements shall be made for signals for operating the hoist to be given to him from each landing place at which the hoist is used and to enable him to stop the platform, carriage, cage, skip, bucket or other receptacle at the appropriate level.

   (3) No person shall ride upon the platform or in the receptacle of a hoist intended only for the carriage of goods, materials, plant or equipment, and there shall be a readily legible notice on the platform or receptacle or at each landing place at which the hoist is used stating that the carriage of persons is prohibited.

49.   Safety devices

   (1) In connection with every hoist there shall be provided and maintained efficient devices which will support the platform, carriage, cage, skip, bucket or other receptacle together with its safe working load in the event of failure of the hoist rope or ropes or any part of the hoisting gear.

   (2) In connection with every hoist there shall be provided and maintained efficient automatic devices which will ensure that the platform, carriage, cage, skip, bucket or other receptacle does not overrun the highest point to which it is for the time being constructed to travel.

50.   Hoists carrying persons

   (1) Every hoist used for carrying persons shall be provided with a cage which is so constructed as to prevent any person carried from falling out, or from being trapped between any part of the cage and any fixed structure or any moving part of the hoist, or from being struck by articles or material falling down the hoistway.

   (2) Every cage of a hoist used for carrying persons shall be suspended by means of at least two ropes, each rope and its attachments being such as to carry with safety the whole weight of the cage and its safe working load.

   (3) In connection with every hoist used for carrying persons, there shall be provided suitable efficient automatic devices which will ensure that the cage comes to rest at a point above the lowest point to which the cage can travel.

   (4) Every hoist in which any person is being carried shall be operated from the cage of the hoist only.

51.   Winches

Where a hoist is operated by means of a winch, the winch shall be so constructed that the brake is applied when the control lever, handle or switch is not held in the operating position, and the winch shall not be a winch fitted with a pawl and ratchet gear on which the pawl has to be disengaged before the platform, carriage, cage, skip, bucket or other receptacle can be lowered.

52.   Safe working load of hoists

The safe working load shall be plainly marked on every hoist platform, carriage, cage, skip, bucket or other receptacle. In the case of a hoist used for carrying persons, the maximum number of persons to be carried at any one time shall also be so marked, and a greater number of persons shall not be so carried.

PART VI
LIFTING TACKLE AND PLANT

53.   Construction, testing, examination, safe working load

   (1) The following provisions shall be complied with as respects every chain, rope or lifting tackle used in raising or lowering or as means of suspension:

      (a)   no chain, rope or lifting tackle shall be used unless it is of good construction, sound material, adequate strength, suitable quality and free from patent defect;

      (b)   a table showing the safe working loads of every kind and size of chain, rope or lifting tackle in use and, in the case of a multiple sling, the safe working loads at different angles of the legs shall be posted in the store in which the chains, ropes or lifting tackle are kept and in prominent positions on the site of the construction work, or, alternatively, in relation to any lifting tackle, the safe working load thereof, or, in the case of a multiple sling, the safe working load at different angles of the legs, shall be plainly marked upon it;

      (c)   no chain, rope or lifting tackle shall be used for any load exceeding the safe working load, except for the purpose of making tests;

      (d)   the safe working load of any chain, rope or lifting tackle shall be that determined by a competent person or by the makers thereof in so far as such information from the makers is available;

      (e)   all chains, ropes and lifting tackle in use shall be thoroughly examined by a competent person at least once in every period of six months.

54.   Hooks

Every hook used for raising or lowering or as means of suspension shall be of such design as to reduce as for as possible the risk of displacement of the sling or load from the hook.

55.   Slings

   (1) Every chain sling or rope sling used for raising or lowering on a lifting machine shall be securely attached to the machine, and the method of attachment shall not be a method likely to result in any damage to any part of the sling or to any lifting tackle supporting it.

   (2) No double or multiple sling shall be used for raising or lowering if—

      (a)   the upper ends of the sling legs are not connected by means of a shackle, ring or link of adequate strength: or

      (b)   the safe working load of any sling leg is exceeded as a result of the angle between the sling legs.

   (3) Adequate precautions shall be taken by the use of suitable packing or otherwise to prevent the edges of the load from coming into contact with any sling, rope or chain, so as to cause danger.

56.   Secureness of loads

   (1) Every part of the load shall be securely suspended or supported whilst being raised or lowered and shall be adequately secured to prevent danger from slipping or displacement.

   (2) Where by reason of the nature or position of the operation a load is liable, whilst being moved on a lifting machine or lifting tackle, to come into contact with any object so that the object may become displaced, special measures shall be adopted to prevent the danger so far as is reasonably practicable.

   (3) Every container or receptacle used for raising or lowering stone, bricks, tiles, slates or similar objects shall be so enclosed, constructed or designed as to prevent the accidental fall of such objects:

Provided that this requirement shall not apply to a grab, shovel or similar excavating receptacle if effective steps are taken to prevent any person being endangered by a fall of objects therefrom.

   (4) Goods or loose material shall not be placed directly on a platform of a hoist unless such platform is enclosed or other effective precautions are taken where necessary to prevent the fall of any such goods or material.

   (5) No truck or wheelbarrow shall be carried on a hoist platform unless it is effectively scotched or secured on the platform.

   (6) No loaded truck or wheelbarrow shall be carried on the open platform of a hoist unless the truck or wheelbarrow is so loaded that no part of the load is liable to fall off.

   (7) No load shall be left suspended from a lifting machine unless a competent person is actually in charge of the machine.

   (8) No person shall be raised, lowered or carried by a crane except on the driver’s platform.

57.   Carriage of persons

   (1) No person shall be raised, lowered or carried by a power-driven lifting machine except—

      (a)   on the driver’s platform in the case of a crane; or

      (b)   on a hoist; or

      (c)   on a suspended scaffold of a type approved by an inspector; or

      (d)   as permitted by sub-regulation (2).

   (2) A person may be raised, lowered or carried by a power-driven lifting machine otherwise than in accordance with the provisions of sub-regulation (1) only—

      (a)   in circumstances where the use of a hoist or of an approved suspended scaffold is not reasonably practicable and the requirements of sub-regulation (3) are complied with; or

      (b)   on an aerial cableway or aerial ropeway provided that the requirements of paragraphs (b) to (d) of sub-regulation (3) are complied with.

   (3) The requirements referred to in sub-regulation (2) are—

      (a)   that the machine can be operated from one position only;

      (b)   that any winch used in connection with the machine shall comply with regulation 51.

      (c)   that no person shall be carried except—

      (i)   in a suitable chair or cage; or

      (ii)   in a suitable skip or other receptacle at least 1 metre deep; and any such chair, cage, skip or other receptacle shall be of good construction, sound material, adequate strength and properly maintained, and shall be provided with suitable means to prevent any occupant falling out and shall not contain material or tools liable to interfere with his handhold or foothold or otherwise endanger him; and

      (d)   that suitable measures shall be taken to prevent the chair, cage, skip or other receptacle from spinning or tipping in a manner dangerous to any occupant.

[Am by SI 90 of 1974.]

58.   Records and exceptions

   (1) A report of the result of any test, examination or inspection required by regulations 41, 42, 43, 44 and 53 shall, as soon as practicable after the completion of such test, examination or inspection, be supplied by the competent person to the person undertaking the construction work.

   (2) The Commissioner may from time to time specify the particulars which shall be entered in any register to be kept under the provisions of this regulation by the person undertaking construction work.

   (3) A register kept under the provisions of this regulation shall be kept either at the site of the construction work to which it applies or, where this is not practicable, at the office of the person undertaking such construction work.

   (4) All reports, certificates and other documents kept in the register and required by these Regulations shall at all reasonable times be open to inspection by an inspector. The person keeping any such report, certificate or other document shall send to any inspector such extracts therefrom or copies thereof as the inspector may from time to time require for the purpose of the execution of his duties under the Act.

   (5) If it is shown to the satisfaction of the Commissioner that it is unnecessary or unreasonable in the special circumstances of a case or class of lifting machine, hoist, lifting tackle or plant subject to Parts IV, V and VI to enforce any of the requirements, he may by certificate grant exemption from compliance with such requirements.

PART VII
EXCAVATIONS, SHAFTS AND TUNNELS

59.   Inspection of excavations, etc.

The competent person shall keep a record of such inspections which shall be kept available at the site for any examination by an inspector.

   (1) Inspection of excavations, etc.

Every part of any excavation, shaft, earthwork and tunnel where persons are employed shall be inspected by a competent person at least once every day during which persons are employed and at the beginning of every shift.

   (2) Timbering

An adequate supply of timber of suitable quality or other suitable material shall where necessary be provided and used to prevent, so far as is reasonably practicable and as early as is reasonably practicable in the course of the work, danger to any person employed from a fall or dislodgement of earth, rock or other material forming the side or roof of or adjacent to any excavation, shaft, earthwork or tunnel:

Provided that—

      (i)   this regulation shall not apply where the competent person has certified that the work can be carried out in safety, having regard to the nature and slope of the side of the excavation or earthwork and other circumstances, and that no fall or dislodgement of earth or other material so as to bury or trap a person employed, or so as to strike a person employed, is liable to occur;

      (ii)   this regulation shall not apply in relation to a person actually engaged in timbering or other work which is being carried out for the purpose of compliance with this regulation, if appropriate precautions are taken to ensure his safety as far as circumstances permit.

60.   Inspection and supervision of timbering

   (1) No timbering or plant used to retain or support any part of an excavation, shaft, earthwork or tunnel shall be erected or be substantially added to, altered or dismantled except under the direction of a competent person.

   (2) No person shall be employed in any part of any excavation, shaft, earthwork or tunnel after any unexpected substantial fall of earth or rock or other material in the vicinity of such part until the sides and, where necessary, the roof, have been inspected by a competent person and such person has certified that the operations may be carried out in safety.

   (3) This regulation shall not apply to persons carrying out inspections required by this regulation or actually engaged in timbering or other work for the purpose of making a place safe, if appropriate precautions are taken to ensure their safety as far as circumstances permit.

61.   Excavations which reduce stability

No excavation, shaft, earthwork or tunnel which is likely to reduce, so as to endanger any person employed, the security or stability of any part of any structure, whether temporary or permanent, shall be commenced or continued unless adequate steps are taken before and during the progress of the work to prevent danger to any person employed from the collapse of the structure or the fall of any part thereof.

62.   Fencing of excavations

Every accessible part of an excavation, shaft, pit or opening in the ground into or down the side of which a person employed is liable to fall a vertical distance of more than 2 metres shall be provided with a suitable barrier to a height of at least 610 millimetres and as close as is reasonably practicable to the edge, or shall be securely covered:

Provided that the foregoing requirement shall not apply to any part of an excavation, shaft, pit or opening while (and to the extent to which) the absence of such barrier and covering is necessary for the access of persons or for the movement of plant or materials or while (and to the extent to which) it has not yet been practicable to erect such barrier or covering since the formation of that part of the excavation, shaft, pit or opening.

63.   Safeguarding edges of excavations

   (1) Materials shall be cleared to a distance of at least 1,550 metres from the edges of an excavation, shaft, pit or opening in the ground so as not to endanger persons employed below.

   (2) No load shall be placed or moved near the edge of any excavation, pit or shaft where it is likely to cause a collapse of the side of the excavation, pit or shaft and thereby endanger any person.

[Am by SI 90 of 1974.]

64.   Open face excavations

In the open face working of any excavation no undercutting shall be allowed and no vertical face shall, so far as is reasonably practicable have a height of more than 1,550 metres but such open face shall be worked in terraces or at an angle of safety. All debris and other loose matter or stones on the surface shall be cleared to a distance of at least 1,550 metres from the edge of the working.

[Am by SI 90 of 1974.]

65.   Means of entry and exit

Every excavation, shaft or tunnel shall have safe and reliable means of entry and exit for persons employed and, as far as is reasonably practicable, the means of entry and exit shall be provided at intervals not exceeding 15 metres.

[Am by SI 90 of 1974.]

66.   Hard hats

All persons working in shafts, tunnels and in other construction work, where there is a similar risk of head injuries, shall be provided with suitable protective hard hats, which shall be worn by the persons concerned.

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