32
WESTERN AUSTRALIA. INSPECTION OF SCAFFOLDING. 15° GEO. V., No. XXXIX. No. 39 of 1924. Reprinted pursuant to the Amendments Incorporation Act, 1938, as amended by the Acts No. 21 of 1926, No. 1`, If 1930, and No. 45 of 1938. AN ACT to make provision for the Inspection of Scaffolding. [Assented to 16th January, 1925.] B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the author- ity of the same, as follows:— 1. (1) This Act may be cited as the Inspection of Scaf f olding Act, 1924-1938. (2) This Act except as hereinafter provided shall be in force and have effect only in the metropolitan area, which for the purpose of this Act shall be the whole area comprised within a radius of twenty-five miles from the General Post Office in the City of Perth, provided that this Act shall be in force and have effect elsewhere throughout the State wherever scaffolding exceeding fifteen feet in height from the horizontal base is used. 2. In this Act, unless the context otherwise indicates, the following terms have the meanings set against them respectively, that is to say: "Gear" includes any ladder or plank forming part of or used in connection with scaffolding, and any chain, rope, fastening, hoist, crane, con- veyor, stay, block, pulley, hanger, sling, brace, or other movable contrivance of a like kind used or intended to be used by workmen, or for the support or protection of workmen employed on Short title and com- mencement of Act. No. 39 of 1924, s. 1 (1) ; No. 45 of 1938, s. 8. No. 39 of 1924, s. 1 (2) ; No. 21 of 1926, s. 2; No. 45 of 1938 , s. 2. Interpreta- tion. Q., 1915, No. 25, s. 3. No. 39 of 1924, s. 2 ; No. 21 of 1926, s. 3; No. 13 of 1930, s. 2; No. 45 of 1938, a. 3; No. 39 of 1924, a. 2; amended by No. 13 of 1930, 9. 2 (a). g 604

INSPECTION OF SCAFFOLDING

  • Upload
    others

  • View
    17

  • Download
    0

Embed Size (px)

Citation preview

Page 1: INSPECTION OF SCAFFOLDING

WESTERN AUSTRALIA.

INSPECTION OF SCAFFOLDING.

15° GEO. V., No. XXXIX.

No. 39 of 1924.Reprinted pursuant to the Amendments Incorporation Act, 1938, as

amended by the Acts No. 21 of 1926, No. 1`, If 1930, and No.45 of 1938.

AN ACT to make provision for the Inspection ofScaffolding.

[Assented to 16th January, 1925.]

BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative

Council and Legislative Assembly of Western Australia,in this present Parliament assembled, and by the author-ity of the same, as follows:—

1. (1) This Act may be cited as the Inspection ofScaffolding Act, 1924-1938.

(2) This Act except as hereinafter provided shall bein force and have effect only in the metropolitan area,which for the purpose of this Act shall be the whole areacomprised within a radius of twenty-five miles from theGeneral Post Office in the City of Perth, provided thatthis Act shall be in force and have effect elsewherethroughout the State wherever scaffolding exceedingfifteen feet in height from the horizontal base is used.

2. In this Act, unless the context otherwise indicates,the following terms have the meanings set against themrespectively, that is to say:

"Gear" includes any ladder or plank forming partof or used in connection with scaffolding, andany chain, rope, fastening, hoist, crane, con-veyor, stay, block, pulley, hanger, sling, brace,or other movable contrivance of a like kind usedor intended to be used by workmen, or for thesupport or protection of workmen employed on

Short titleand com-mencementof Act.No. 39 of1924, s. 1(1) ; No. 45of 1938, s. 8.

No. 39 of1924, s. 1(2) ; No. 21of 1926, s.2; No. 45 of1938 , s. 2.

Interpreta-tion.Q., 1915, No.25, s. 3.No. 39 of1924, s. 2 ;No. 21 of1926, s. 3;No. 13 of1930, s. 2;No. 45 of1938, a. 3;

No. 39 of1924, a. 2;amended byNo. 13 of1930, 9. 2(a).

g 604

Page 2: INSPECTION OF SCAFFOLDING

2 Inspection of Scaffolding.

works, and not being gear which is subject toinspection under the Inspection of MachineryAct, 1921.

Horizontal "Horizontal base" means ground level : Providednese.

that where any scaffolding is erected upon per-manent floors with walls on all sides not lessthan three feet higher than the working plat-form, then such permanent floor shall be deemedthe horizontal base : Provided also, that in thecase of scaffolding erected or used below theground level, "Horizontal base" shall mean thebase of the scaffolding.

"Inspector"—The chief inspector of scaffolding andany inspector appointed under this Act, and anyperson appointed for the time being to performthe whole or any part of the duties of aninspector.

The term "inspector" with respect to anymechanical gear, as prescribed, includes thechief inspector and inspectors appointed underthe Inspection of Machinery Act, 1921.

"Minister"—The Minister for Works or other Min-ister of the Crown for the time being chargedwith the administration of this Act.

Owner. "Owner"—The owner of any scaffolding or gearand the mortgagee, lessee, hirer, and borrowerthereof, and any overseer, foreman, agent, andperson having the control, charge, or manage-ment thereof.

"Place"—Any structure or area, enclosed or other-wise, and whether above or below ground,wherein or whereon any scaffolding or gear iserected or used; the term includes any road,street, bridge, wharf, house, or building.

"Prescribed"—Prescribed by this Act, or any Orderin Council or regulation made thereunder.

"Regulations "—Regulations made under the author-ity of this Act.

"Scaffolder" means the person in charge of theerection or demolition of scaffolding andjor gearand being the holder of a license under this Actempowering him to act in such employment.

No. 39 of1924, s. 2:amended byNo. 21 of1926, s. 3.

Inspector.

11inisterr.

No. 39 of1924, s. 2,amended byNo. 13 of1930, s. 2(b).

Place.

No. 39 of1924, a. 2,amended byNo. 13 of1930, s. 2(c).

Prescribed.

Regulations.

Seaffolder.

Inserted byNo. 45 of1938, s. 3.

Page 3: INSPECTION OF SCAFFOLDING

Inspection of Scaffolding. 3

"Scaffolding" includes(1) any structure exceeding eight feet from the scaffolding.

Inserted byhorizontal base ; and No. 13 of1930, s. 2(2) any swinging stage or stage ; and (a).

(3) any ladder exceeding twenty-five feet inlength used or intended to be used byworkmen or for the support or protectionof workmen employed on works.

"Serious bodily injury''—An injury which is likely Seriousbodily iniurY.

to incapacitate the sufferer from work for atleast seven days.

"Workman" means any person, not being the owner Workman.

of scaffolding or gear, who is employed or IsnrribidoillYengaged on works for the owner, and includes s. 2

any overseer or foreman employed by the owner.The term does not include any person who,

being the owner of any premises himself andwithout the assistance of workmen, carries outworks in connection with such premises for hisown benefit, or any person who, otherwise thanas a servant, agent, or contractor, voluntarilyand without remuneration assists such first-mentioned person in the carrying out of the saidworks.

"Works" includes the construction, erection, demo- Works.

lition, alteration, repair, cleaning, painting, and fcllorradoPany other kind of work in connection with any 1039 .0 , s. 2

building, structure, ship, boat, well and excava-tions for building operations, but does notinclude work in connection with mine timber-ing.

3. All expenses of carrying this Act into execution tiexppeanisdes::shall be paid out of moneys to be from time to time appro- aofppmroopnreiya7ed.priated by Parliament for the purpose. Ibid., S. 4.

No. 89 of1924, s. 3.

4. (1) The Governor may from time to time(a) appoint a chief inspector of scaffolding, and so

many inspectors and other officers as appearnecessary for the purposes of this Act ;

(b) assign a district or districts to an inspector, butsuch assignment shall not be construed tolimit the powers and authority of such inspec-tor in respect of any other district except to

Appointmentof inspectors.Ibid., S. 5.No. 39 of1924, S. 4

Page 4: INSPECTION OF SCAFFOLDING

4 Inspection of Scaffolding.

the extent by which they are expressly solimited by such assignment, or be construedin any way to limit the powers and authorityof the chief inspector.

(2) Every inspector shall be furnished with a certifi-cate of appointment, and upon applying for admission toany place shall, if required, produce such certificate tothe occupier of the place.

(3) Any person who-(a) makes use of any forged, counterfeited, or false

certificate; or

(b) falsely pretends to be an inspector,shall be liable to imprisonment, with or without hardlabour, for any period not exceeding six months.

./959Minek,iPublic 5. The Minister may from time to time issue certifi-inspectors.Ibid., s 6.

cater of approval to qualified persons to act as public-,%2 ,9

. °`,. inspectors of scaffolding in such localities as he maydirect.

Such certificates shall only be issued upon the appli-cants furnishing, by examination, such evidence of fitnessand competency as may be prescribed.

Such certificates shall authorise the persons to whomthey are granted to act as inspectors of scaffolding underthis Act.

All holders of such certificates shall have and be sub-ject to all such powers, authorities, duties, and obliga-tions as may be prescribed.

Certificate.

False cer-tificate.

6. Every inspector shall keep full minutes of all hisproceedings, and shall from time to time report the sameto the chief inspector, with such particulars and informa-tion as the chief inspector requires.

7. (1) Any inspector may at any reasonable time byday or by night enter any place where there is or wherehe has reason to believe there is any scaffolding or gear,whether constructed or used or in course of constructionor use, and may inspect and examine any scaffolding orgear therein.

Inspector tokeep n,inutesand reportto chiefinspector.Mid., s. 7.No. 39 of1924, s. 6.

Powers andduties ofinspectors.Ibid., s. 8.

No. 39 of1924, a. 7,amended byNo. 13 of1930, a. 3.

Page 5: INSPECTION OF SCAFFOLDING

Inspection of Scaffolding. 5

(2) In making such inspection the inspector may(a) call to his aid any member of the police force,

or any person he thinks competent to assisttherein;

(b) examine the owner or any person there presentas to compliance with this Act in any parti-cular.

Occupiers toallow entryand inspec-tion.Ibid., s. 9.No. B9 of1924, a B.

8. Every occupier of any place and every owner ofscaffolding or gear shall afford to the inspector allreasonable facilities and all such information as mayreasonably be required by him for the exercise of hispowers under this Act.

9. Every person who—.(a) impedes, obstructs, or delays an inspector in the

exercise of any power or duty under this Act;or

(b) makes any false reply to any question put tohim by the inspector having reference to thisAct ; or

(c) fails to comply with a requisition of the inspectormade under any such power ; or

(d) Fails to furnish any facilities or any informa-tion in his possession or power, which may bereasonably required by the inspector for theexercise of any such power ; or

(e) conceals any person from the inspector, or pre-vents any person from appearing before orbeing examined by him, or attempts so to con-ceal or prevent any person; or

(f) uses any threat or abusive or insulting languageto an inspector or to an employee with respectto any inspection or examination,

shall be deemed to obstruct an inspector in the executionof his duty under this Act, and shall be liable to a penaltynot exceeding twenty pounds:

Provided that no person shall be required, under thissection or the two last preceding sections, to answer anyquestion or give any evidence tending to criminate him-self.

Obstructingan inspector.Ibid., s. 10.No. 39 of1924, s. 8.

Page 6: INSPECTION OF SCAFFOLDING

6 Inspection of Scaffolding.

Inspector maygive direc-tions as to

etc.Ibid., s. 12.No. 39 of1924, s. 11.Repealed andnew section11 insertedby No. 45 of1938, a. 5,now re-num-bered a. 12.

10. All scaffolding and all gear shall be of the descrip-tion prescribed by the regulations, and shall be set up,built, maintained, and used in accordance with this Act.

11. (1) On all scaffolding exceeding or likely to ex-ceed twenty-seven feet in height from the horizontal basethere shall be at least one duly licensed scaffolder em-ployed or engaged in the supervision of the erection ordemolition of scaffolding or gear.

(2) Any person who fails, neglects or refuses to em-ploy or engage a licensed scaffolder as required by thepreceding subsection shall be liable to a penalty not ex-ceeding five pounds for every day or part of a day dur-ing which scaffolding or gear is erected or demolishedwithout a duly licensed scaffolder being employed orengaged in the supervision thereof.

12. (1) Where it appears to an inspector(a) that the use of any scaffolding or gear would be

dangerous to the life or limb of any workmanemployed on the works whether he is or is notusing such scaffolding or gear;

(b) that with regard to any scaffolding or gearerected or used or in the course of erectionor use this Act is not being complied with,

he may, by notice in writing, give directions to the ownerthereof in order to prevent accidents or ensure a compli-ance with this Act and such person shall, unless noticeof appeal is given as hereinafter provided, forthwithcarry out such directions.

(2) When it appears to an inspector that the employ-ment of any p?rson on any building or structure withoutthe use of scaffolding would be dangerous to human lifeor limb, he may, by notice to any person so employed andthe owner of the building or structure, give directionsfor scaffolding to be used to his satisfaction and unlessnotice of appeal is given as hereinafter provided, suchdirections shall be forthwith carried out.

(3) When it appears to an inspector that the em ploy-ment of any person on the construction, sinking. altera-tion or repair of any well exceeding a depth of twelve

Scaffolding,etc., to bein accord.ance withAct.Mid., a. 11.No. 39 of1924, s. 10.

Licensedscaffolder tobe employed.Formerlys. 10A in-serted byNo. 45 of1938 s. 4.

Page 7: INSPECTION OF SCAFFOLDING

Inspection of Scaffolding. 7

feet below the ground surface level without the use ofscaffolding, shoring, tonging and timbering, or any oneor more of them, would be dangerous to life or limb hemay by notice to the owner of such well, or his agent orcontractor, or to any person employed on such work,direct that scaffolding, shoring, tonging and timbering,or any one or more of them as specified in the notice, shallbe erected or carried out to the satisfaction of the inspec-tor and be used for such work and unless notice of appealis given as hereinafter provided such direction shallforthwith be carried out.

(4) Where any inspector gives any notice prescribedby subsection (1) or subsection (3) of this section he mayat the same or any other time order any persons forth-with to cease to use or to work in connection with or nearthe scaffolding or gear or the well, as the case may be,until such directions or any order on appeal therefromhave or has been complied with. Any such order of aninspector may be rescinded by him.

(5) The person to whom such notice or order has beengiven, or the owner, within seven days after the receiptof such notice or order, may serve on the inspector awritten requisition to refer the matter to the decision ofthe nearest police or resident magistrate who shall hearand determine the dispute in manner prescribed, andwhose decision shall be final.

(6) Any person who fails to comply with any noticeor order given to him by an inspector in pursuance ofthis section, or any decision on appeal therefrom, shallbe liable to a penalty not exceeding fifty pounds.

13. If any scaffolding or gear is not kept in conform-ity with this Act, or if with respect to the same there isa breach of this Act, or if the owner fails to comply withan order or request duly made by an inspector with re-spect to the same, the owner shall be liable to a penaltynot exceeding twenty pounds.

The adjudicating court, in addition to or instead ofinflicting a penalty, may order certain means to beadopted by the owner within a time to be named in theorder for the purpose of bringing his scaffolding or gearinto conformity with this Act, and may upon application

Not keepingscaffolding Inconformitywith Act.Ibid., s. 14.No. 39 of1924, s. 12.

Page 8: INSPECTION OF SCAFFOLDING

Inspection of Scaffolding.

enlarge the time so named; and if after the expiration ofthe time originally named or enlarged as aforesaid theorder is not complied with, the owner shall be liable to apenalty not exceeding one pound for every day duringwhich such non-compliance continues.

Personsemployed onscaffolding orusing gear tohave know-ledge of Eng-lish language.Inserted byNo. 13 of1930, g 7, asa. 12A, nowre-numbered5 . 14.

Inspector tobe notified ofaccident.Ibid., s. 16.No. 39 of1924, s. 19.

14. No person shall be employed or engaged on or inconnection with any scaffolding or gear extending beyondfifteen feet in height, unless such person has a sufficientknowledge of the English language to enable him tospeak such language intelligibly.

15. (1) Where loss of life or serious bodily injury toany person, by reason of an accident caused by scaffold-ing or gear, occurs, the owner of the scaffolding or gearshall, within twenty-four hours after the occurrence, sendnotice to the inspector at his office or usual place of resi-dence, specifying the cause of the accident, and the nameand residence of every person killed or so injured; andnotwithstanding any other provision in this Act, no re-pairs or alterations to such scaffolding or gear shall bemade after such occurrence without permission in writ-ing of an inspector or of the local officer of police if aninspector is not immediately available.

(2) Every owner who neglects to send such notice, ormakes or allows to be made any such repairs or altera-tions without such permission as aforesaid, shall be liableto a penalty not exceeding twenty pounds.

16. (1) In the event of an accident happening to scaf-folding or gear, or where any loss of life or seriousbodily injury has occurred as in the last preceding sec-tion mentioned, the Minister may direct an inquiry to beheld before a court consisting of a police or residentmagistrate.

(2) The court shall have power to hold such inquiryat such times and places as the Minister appoints.

(3) The Minister may obtain for the use of the courta report from a legally qualified medical practitioner orother competent person upon the cause of such death orthe nature, extent, and cause of such injury.

Inquiry intocause of acci-dent.

No. 39 of1924, s. 14.

Page 9: INSPECTION OF SCAFFOLDING

Inspection of Scaffolding. 9.

(4) Every such inquiry shall be held publicly, in suchmanner and under such conditions as the court thinksmost effectual for ascertaining the causes and circum-stances of such accident, and for enabling the court tomake the report hereinafter mentioned.

(5) The court shall have, for the purpose of such in-quiry and the summoning and examination of witnessesthereat, all the powers which are possessed by any twojustices in the case of summary proceedings upon com-plaint.

(6) The court or some person appointed by it mayenter and inspect any place the entry or inspectionwhereof appears to the court to be requisite.

(7) The court shall report to the Minister as far aspossible the causes of the accident, and the circumstancesattending the same, adding thereto such observations asit thinks fit.

(8) Every person summoned shall be allowed such ex-penses as the court may order.

(9) The court may make such order as it thinks fitrespecting the payment of the costs and expenses of theinquiry, and such order may, on the application of anyparty entitled to the benefit of the same, be enforced ina summary way by complaint under the Justices Act,1902-1936.

(10) Any costs and expenses ordered by the court tobe paid by the Minister, and any remuneration paid topersons forming the court, shall be paid out of moneysprovided by Parliament for the purposes of this Act,

(11) A representative of the person killed or injured,a representative of the industrial union of employers,and a representative of the industrial union of workersrepresenting the class of employment in which the per-sons who met with an accident were employed at thetime of the accident, and concerning which accident theMinister has ordered an inquiry under this section, shallbe entitled to be present at and take part in such inquiry,and shall have full power to call, examine, and cross-examine witnesses thereat.

Page 10: INSPECTION OF SCAFFOLDING

10

Inspection of Scaffolding.

Who may beproceededagainst foroffences.Ibid., s. 22.No. 39 of1924, s. 20.

17. The provisions of the two last preceding sectionsdo not apply to any mine subject to the Mines RegulationAct, 1906-1938, or any Act amending or in substitutionfor that Act.

18. No owner of scaffolding or gear shall contractwith any employee against any liability under this Act.

19. Every owner of scaffolding or gear shall causeto be affixed and maintained in such place or places asthe inspector directs the prescribed abstracts of this Act,and in default of so doing shall be liable for a first offenceto a penalty not exceeding two pounds, and for a secondor subsequent offence to a penalty not exceeding fivepounds.

20. Any order, notice, or process to be served in pur-suance of this Act shall be deemed to be duly served uponthe owner or occupier of any place, or upon any ownerof scaffolding or gear, if such order, notice, or processis sent through the post office by registered letteraddressed to such owner or occupier at his last knownplace of abode or business, or is affixed to the door orsome other conspicuous part of the place, as the case maybe.

21. Every person who-(a) makes in any prescribed book, register, notice,

certificate, list, record, or document an entrywhich in any material particular is false; or

(b) makes use of any entry or report which in anymaterial particular is false,

shall be liable to a penalty not exceeding ten pounds orto be imprisoned for any period not exceeding threemonths.

22. (1) Every person guilty of any breach or con-travention of this Act shall be punishable therefor, andit shall be no defence to prove that the person proceededagainst was the agent or employee of the owner or occu-pier or was acting in pursuance of any order or directiongiven by the owner or occupier.

Limitation ofprecedingsections.Ibid., s. 17.No. 39 of1924, s. 15.

No contract-ing out.Ibid., s. 18.No. 39 of1924, s. 16.

Abstract ofAct, etc. tobe posted up.

Ibid., s. 19.No. 39 of1924, s. 17.

Service oforder, notice,Or summons.

Ibid., a. 20.No. 39 of1924, s. 18.

False entries,etc.

Ibid., s. 21.No. 39 of1924, s. 19.

Page 11: INSPECTION OF SCAFFOLDING

Inspection of Scaffolding.

(2) When an owner or occupier is charged with an ownerExemption o r of

offence against this Act he shall be entitled, upon informa-tion duly laid by him, to have any other person whom he :freterth"

charges to be the actual offender brought before the courtat the time appointed for hearing the charge, and if afterthe commission of the offence has been proved the owneror occupier proves to the satisfaction of the court thathe used due diligence to enforce this Act, and that suchother person committed the offence in question withouthis knowledge, consent, or connivance, such other personshall he convicted of the offence, and the owner or occu-pier shall be exempt from any penalty.

23. Where it appears to an inspector at the time of aPrretings

discovering any offence that the owner or occupier had retrual offen-

used due diligence to enforce this Act, and also by what Ibid., s. 29.person the offence was committed, and that it was corn- rgi 943,a.11.

mitted without the knowledge, consent, or connivance ofthe owner or occupier, and in contravention of his orders,then proceedings may be taken against the person whois alleged to be the actual offender in the first instancewithout first proceeding against the owner or occupier.

24. (1) No person shall be liable under this Act as anowner of scaffolding or gear unless the same is under hisimmediate power or control.

No mortgagee of scaffolding or gear shall be liableunder this Act unless he is in actual possession thereofor has the same under his immediate power or control.

(2) For the purposes of this section the words "im-mediate power or control" means that the scaffolding orgear is used by the owner or mortgagee thereof person-ally, or by his agents, servants, or others under his ordersor directions and for his benefit or profit.

(3) Nothing herein shall exempt any corporate bodyfrom liability under this Act by reason only that anyscaffolding or gear is under the control of any directors,secretary, manager, or other person elected or employedby such corporate body for the benefit of or on behalf ofsuch body.

When ownersand mort-gagees notliable.Ibid., s. 24.No. 39 of1924, n 22.

Page 12: INSPECTION OF SCAFFOLDING

12 Inspection of Scaffolding.

General pro-visions as topenalties.Ibid., s. 25.No. 39 of1924, s. 23.

No prosecu-tion withoutauthority.

25. (1) All penalties and fees imposed by or pursuantto this Act may be recovered in a summary way underthe Justices Act, 1902-1936.

(2) Every person guilty of an offence against this Actfor which no other penalty is provided shall be liable toa penalty not exceeding twenty pounds.

(3) No prosecution for any breach or contraventionof this Act shall be instituted without the authority ofthe Minister or the chief inspector.

26. The following provisions apply to legal proceed-ings under this Act:—

No. 39 of (a) Where by this Act any owner of scaffolding or1924 s. 24.

gear is required to give or serve ally notice, theburden of proof that this Act has been compliedwith shall be on such owner.

(b) The burden of proof that any scaffolding or gearwas not, on any date alleged in a complaint, inthe place alleged, shall be on the defendant.

(c) It shall be sufficient to state the name of the osten-sible owner or occupier, or the title of the firmor company or corporation by which the owneror occupier is usually known; and the burden ofproof that the person, firm, company, or cor-poration so named is not the owner or occupiershall be on the defendant.

(d) It shall not be necessary to prove the constitutionof any district under this Act or the boundariesthereof.

Regulations. 27. (1) The regulations in the Schedule to this ActIbid., a. 27.No. 39 of shall have effect and the force of law.1924,No. 21 of1926, s. 5; (2) The Governor may from time to time make regu-No. 13 of lations not inconsistent with the regulations in the1930. s. 5;No. 45 of1938, s. 6.

Schedule for all or any of the following purposes,namely :—

Officers. (a) Regulating the duties of inspectors and otherofficers, and providing that such inspectors andofficers in the exercise and discharge of theirduties shall not unreasonably or unduly inter-fere with the work or processes being carried

Proceedingsbeforejustices.Ibid., a. 26.

Page 13: INSPECTION OF SCAFFOLDING

Inspection of Scaffolding. 1.3

on in any place; and prescribing the qualifica-tions of inspectors, and requiring that beforeappointment they shall give, by examinationcompetitive or otherwise, satisfactory evidenceof their competency.

(b) Providing for and prescribing the standards for Insertedo'fb

the examination of persons desiring to act as .18(84;n1;‘,scaffolders and the granting of licenses to them. r&Irtered

(c) Prescribing the form and manner of giving, fur- Forms'

nishing, granting, or keeping orders, notices,applications, plans, records, and other docu-ments in pursuance of this Act.

(d) The manner in which scaffolding and gear shall eteaff°liling'

be set up, built, maintained, and used; the con- No. 39 of

strnction andplacing of swinging stages or scar 1( :?,4;,iL 2idta

folds, gantries, and gear so as to ensure safety; hoil,9%,"8.5

requiring written notice to be given to an inspec- (a)*tor before the erection of scaffolding or the useof gear, which notice shall state the estimatedcost of the work in connection with which scaf-folding or gear is intended to be used; and pre-scribing what gear shall be deemed to be mech-anical gear for the purposes of this Act.

(e) For the protection of workmen from electric wires Protection ofwo

so near scaffolding or gear as to be a source of InsrerinteedmbyNo. 21 ofdanger. 1926, a. 5,and amended

(f) Requiring a municipal council or road board to .17 itions5 (b).

Notice bymunicipalcouncil, etc.Inserted byNo. 21 of1926, 5. 5.

Referencesto policemagistrates,etc.

Abstracts.

notify the chief inspector, with prescribed par-ticulars, whenever notice is received by suchcouncil or board under any building by-law orregulation in force for the time being in the dis-trict, of the intention of any person to commenceto build, take down, alter, add to, or repair anybuilding.

(g) Regulating the proceedings upon references topolice or resident magistrates, and upon in-quiries into accidents, and the manner of defray-ing and the recovery of the costs and expensesthereof.

(h) Prescribing abstracts of the provisions of thisAct, to be affixed and maintained by owners ofscaffolding or gear.

Page 14: INSPECTION OF SCAFFOLDING

14 Inspection of Scaffolding.

Generally.

Penalty.

No. 39 of1924,amended byNo. 13 of1930, a. 6(a) and (h),and No. 45of 1938, a.7 (a).

(i) Generally for carrying this Act into effect.

The regulations may provide a penalty not exceedingtwenty pounds for any breach of the same.

28. The chief inspector of scaffolding shall furnishannually to the Minister a report upon the operation ofthis Act.

29. Nothing in this Act shall affect the provisions ofthe Inspection of Machinery Act, 1921.

THE SCHEDULE.

REGULATIONS UNDER THE INSPECTION OF SCAFFOLDINGACT, 1924-1938.

These regulations are divided into Parts, as follow:Part L—Administration.Part II.—Inspection of Scaffolding and Gear.Part III.—Examination for Certificate as Inspector of Scaf-

folding and for License as Scaffolder.Part IV.—Miscellaneous Provisions.

PART I .—ADMINIS TRAT ION.

Inspection—Examination of person by an Inspector.

(Sections 7, 8, 9.)1. A certificate of the appointment of an inspector may be in the

Form A in the Schedule.

2. Every examination of any owner or person, in pursuance ofparagraph (b) of subsection (2) of section seven of the Act, shall bereduced into writing by the Inspector making such examination. TheInspector shall read over the same to the owner or person examined,and shall himself sign every sheet thereof and initial any alterationstherein, at the time of the examination, in the presence of the owneror person examined.

PART IL—INSPECTION OF SCAFFOLDING AND GEAR.

Erection of Scaffolding and Use of Gear.

3. Notice of intention to erect scaffolding or use gear shall begiven in Form D by the owner and by the contractor who has con-tracted to erect or use the same to the chief inspector at least forty-eight hours before commencement of such erection or use. Every suchnotice of intention shall be accompanied by the requisite fee as here-inafter prescribed by regulation 20 of these regulations: provided thatwhen a contract has been let by the owner to any person who under-takes to do or supply the labour only, such notice shall be given by theowner only.

Annualreport.

Ibid., a. 28.No. 39 of1924, s. 26.

Inspection ofMachineryAct notaffected.No. 39 of1924, s. 27.

Section 27.

Page 15: INSPECTION OF SCAFFOLDING

Inspection of Scaffolding. 15

Round Hardwood Pole Scaffolding for Bricklayers, Plasterers,and others.

4. Every external and internal scaffolding for bricklayers, plas-terers, and other persons engaged in such like work, shall be erectedby the owner thereof according to the following specifications.

(1) Standards shall be spaced not more than nine feet apart, andshall be not less than four inches in diameter at butt, and two and one-half inches at tip; and shall be fixed in such manner as the inspectormay prescribe.

(2) Ledgers shall be round hardwood poles of similar diameter tostandards and shall be securely fastened thereto at spaces not morethan nine feet apart with Manilla or other approved quality ropes, eachnot less than one and three-quarter inches in circumference, andeighteen feet in length; ledgers at joinings shall be lapped not lessthan three feet and securely roped as before. The first ledger may befixed at not more than ten feet from ground where circumstances sorequire.

(3) Putlogs shall be of approved hardwood timber. Where thespan does not exceed five feet in the clear, the size shall not be lessthan four inches by three inches, spaced not more than six feet apart,and such putlog shall have not less than four and one-half inches bear-ing in the wall. All putlogs, where practicable, shall be securely wedgedin position at wall and securely fastened to ledger. Alternate putlogsonly may be removed from the lower stages, until scaffolding is finishedwith.

(4) Scaffold boards shall be of sound timber, and not less thanone and one-half inches thick lapping; where lapped, the laps shallbe not less than nine inches. All scaffoldings shall have fender boardsnot less than nine inches high and one inch thick, secured to standardson all working platforms, also guard-rail of round poles not less thantwo feet six inches or more than three feet high from platform, securedto standards with Manilla or other approved quality ropes, each notless than one and three-quarter inches in circumference and eighteenfeet in length. No openings through guard-rail and fender boardsshall be allowed except alongside of landing.

Bracing shall be of hardwood round poles, secured to standardswith one and three-quarter inches in circumference Manilla rope, andshall be securely placed, or placed in such a way as any inspector maydirect. All lashings shall be kept properly wedged up.

(5) Where the height of a scaffolding exceeds twenty-five feet,double poles shall be erected from the ground, and all fender boardsshall be not less than eighteen inches in height.

(6) If an entrance for carts and vehicles between standards isnecessary, then the spacing of such standards shall not be more thanten feet. Under no circumstances shall brick blocking or cement casksbe used on or for any part of a scaffolding for a greater height thantwo feet six inches from the ground or on an internal boarded floor.

(7) Footplanks not exceeding twelve inches in height may be usedif approved by an inspector.

Page 16: INSPECTION OF SCAFFOLDING

16 Inspection of Scaffolding.

(8) Where barrows are used for wheeling bricks along any scaf-folding, sufficiently heavier timbers shall be used, or the putlogs placednot more than four feet apart, or in such other manner as any inspectormay direct.

Square Sawn Timber Scaffolding for Brick Building.

5. When sawn timber is used, every external and internal scaffold-ing for bricklayers, plasterers, and other persons engaged in suchlikework shall he erected by the owner thereof according to the followingspecifications:

(1) Standards shall be not less than four inches by two incheswhen the height of scaffolding does not exceed twelve feet; of fourinches by three inches when the height does not exceed sixteen feet,and five inches by three inches for greater heights, and shall be spacednot more than eight feet apart. Proper framed trestles or slip headsmay be used in lieu of standards when the height of scaffold does notexceed eight feet. Standards shall be embedded in the ground for adistance of twelve inches, where practicable, and, where necessary,shall stand on solid hardwood sole piece eighteen inches in length bynine inches wide and two inches thick.

(2) Where standards are not in one length, such standards shallbe joined with wooden fish-plate at least six feet in length, and twoinches thick, well bolted together on each side of such standard withiron bolts five-eighths of an inch in diameter and provided with washers.

(3) Ledgers on scaffolds the height of which does not exceedtwelve feet shall be not less than five inches by two inches, on scaffoldsup to sixteen feet high, the ledgers shall be not less than six inches bytwo inches, and on greater heights not less than seven inches by twoinches, and shall be securely bolted to standards at spaces not morethan nine feet apart with iron bolts five-eighths of an inch diameter,.and provided with washers. The first ledger may be fixed at not morethan ten feet from ground, where circumstances so require.

(4) Putlogs shall be of approved hardwood timber. Where thespan does not exceed five feet in the clear, the size shall not be less thanfour inches by three inches, spaced not more than six feet apart, andshall have not less than four and one-half inches bearing in the wall.All putlogs, where practicable, shall be securely wedged in position atwall and securely fastened to ledger. Alternate putlogs only may beremoved from the lower stages until the scaffolding is finished with.

(5) Scaffold boards shall be of sound timber and not less than oneand one-half inches thick and eight inches wide laid lapping; wherelapped, the laps shall be not less than nine inches. All scaffolding shallhave fender boards not less than nine inches high and one inch thickon all working platforms secured to standards; also guard-rails of fourinches by two inches, secured to standards not less than two feet sixinches or more than three feet high from platform, with five-eighthsof an inch diameter iron bolts and washers. No openings throughguard-rail and fender boards shall be allowed except alongside of land-ing. Bracing shall be of not less than four inches by two inches, secured

Page 17: INSPECTION OF SCAFFOLDING

Inspection of Scaffolding. 17

to standards with five-eighths of an inch diameter iron bolts andwashers, and shall be securely placed or placed in such a way as anyinspector may direct.

All bolts shall be provided with washers and shall be kept properlytightened up.

(6) When the height of a scaffolding exceeds twenty-five feet,sufficiently heavier timbers must be used, and all fender boards shallbe not less than eighteen inches in height. Such scaffolding shall besafely erected, or erected in such manner as any inspector may direct.

(7) If an entrance for carts and vehicles between standards isnecessary, the spacing of such standards shall be not more than tenfeet. Except as may be prescribed by an inspector, no brick block-ing or cement casks shall be used on or for any part of scaffolding fora greater height than two feet six inches from the ground or on aninternal boarded floor.

(8) Foot planks not exceeding twelve inches in height may beused if approved by an inspector.

(9) Where barrows are used for wheeling bricks along any scaf-folding erected with sawn timbers, the ledgers shall not be less thaneight inches by two inches or seven inches by two and one-half inches,and putlogs shall be spaced not more than four feet apart, or in suchother manner as any inspector may direct.

Scaffolding for Carpenters, Painters, Plumbers, and others workingon Wooden Buildings.

6. Every scaffolding for carpenters, painters, plumbers, andothers working on wooden buildings shall be erected by the owneraccording to the following specifications:—

(i) Standards shall be not less than three inches by two incheshardwood, or four inches by two inches pine, spaced not more thannine feet apart. Ledgers shall be not less than six inches by one inch,well nailed to standards and to the studs of walls.

(ii) Scaffold boards shall be of sound timber not less than oneand one-half inches thick and eight inches wide, laid lapping; whenlapping, the laps shall be not less than nine inches. The floor of plat-form shall be not less than eighteen inches in width. Guard-rail shallbe not less than three inches by one and one-half inches, securely fas-tened to standards at not less than two feet six inches from platform.Braces shall be not less than three inches by one and one-half inchespine, or other approved timber, well nailed to standard.

(iii) Any inspector may direct the construction of all scaffoldingto be made in such manner as he in his discretion thinks necessary tomake the same safe for use.

Scaffolding over Twenty-five feet in Height.7. Every scaffolding over twenty-five feet in height used on a

wooden building shall be erected by the owner thereof according to thefollowing specifications:—

Standards shall be not less than four inches by three inches hard-wood, and shall be spaced not more than nine feet apart. Ledgers shall

Page 18: INSPECTION OF SCAFFOLDING

18 Inspection of Scaffolding.

be not less than six inches by two inches, well bolted to standards andto walls, and spaced to suit the work required. Braces shall be not lessthan three inches by two inches, bolted to standards. Guard-rail shallbe not less than three inches by two inches, and shall be securely fas-tened to standards. Any inspector may direct the construction of suchscaffolding to be made in such manner as he in his discretion thinksnecessary to make the same safe for use.

Swinging Stages.8. Every swinging stage used or intended to be used in connec-

tion with any scaffolding shall be so constructed or built by the ownerthereof so as to bear three times the maximum weight ordinarily sup-ported thereby, and according to the following specifications:—

(i) Blocks shall be of iron or wood not less than four inches indiameter of sheave, consisting of double and single block. All ropeshall be Manilla, not less than two and one-half inches in circumference.

(ii) The platform of the stage shall be not less than eighteen inchesin width.

(iii) Every swinging stage eighteen feet in length shall have twohangers to be wrought iron or mild steel, of not less than one inch indiameter, securely fitted or fitted to the satisfaction of an inspector.The distance between the hangers shall be not more than twelve feet.

(iv) Where the stage exceeds eighteen feet in length, and the dis-tance between the bangers exceeds twelve feet, the planking of suchswinging stage shall be stiffened with an approved truss underneath,and other parts shall be of stronger construction or as directed by anInspector. The guard-rails shall be of three-inch Manilla rope or one-kneh pipe securely fastened not less than two feet six inches or morethan three feet from floor; fender boards not less than four inches byone inch shall be fitted on outside and both ends.

(v) Where the overhead needle supports are of timber, and pro-ject for a distance not exceeding four feet, they shall be not less thansix inches by four inches Oregon pine or other approved timber on edge.

(vi) Where the needles project more than four feet, heavier tim-ber shall be used in the construction thereof, to the satisfaction of aninspector.

(vii) Outriggers shall not be used except with the approval of aninspector.

Gantries.9. Plans and specifications of all gantries which it is proposed to

erect shall be submitted by the owner thereof to the Scaffolding De-partment for approval before the commencement of the erection thereof.

Tripod Gantries.10. (i) Every gantry not exceeding one hundred feet in height

for a steam or other crane to lift a weight of live tons but not exceed-ing ten tons, shall be constructed by the owner thereof as follows:—

Tripod gantry towers shall be not less than six feet by six feet,and shall be constructed with seven inch by seven inch corner posts,extending the full height of the gantry, properly fish-plated and bolted

Page 19: INSPECTION OF SCAFFOLDING

Inspection of Scaffolding. 19

at junctions; corner posts shall be firmly tied together with nine inchby three inch horizontal ties at ten foot centres, and each side of thetower shall be properly braced with seven inch by three inch diagonalbraces firmly bolted to the corner posts. Each tower shall have a centrepost eight inches by eight inches; such posts shall extend to the fullheight and shall be firmly fish-plated to approval at junctions, andstiffened at intervals of not more than ten feet apart with five inch bythree inch stays to the corner post of each tower. The tower shall havehorizontal braces nine inches by three inches, spaced not more thantwenty feet apart. Each side of the gantry shall be braced withdiagonal braces of nine inches by three inches bolted to the timbers ofthe tower, and at intersections. The tower shall rest on nine inch bynine inch sleeper plates and shall be tied together at top with nineinch by nine inch kerb. Each tower of the gantry shall be connected toeach other tower by two horizontal rows of nine inch by four inch wal-ings, spaced six feet apart and thoroughly braced to approval withfour inches by four inches trussed braces between walings with oneinch round iron hanging rods at each intersection of braces; there shallbe one horizontal set of truss bracing as above to each fifty feet or partthereof of height of towers. All bolts for gantries shall be not lessthan three-quarters of an inch in diameter. The back stays of the craneshall be tied to the eight-inch by eight-inch centre post by means of twofour-inch by one-inch wrought iron straps, extending over the backstay of the crane and down each side of the centre post. The lengthof the strap shall be nine feet, and shall be firmly bolted to the centrepost and to the timbers of the crane by one-inch bolts. The ends of thestraps shall be also turned and mortised into the centre post one andone-half inches. The bottom ends of each eight inches by eight inchescentre post shall rest on a sole plate of eight inches by eight incheshardwood, extending across the full width of sleeper plates and securelybolted thereto on the underneath side, with one inch diameter bolts toapproval, and the centre post shall in each case be tied to the sole plateby means of two four-inch by one-inch wrought iron straps extendingaround under the sole plate and up the centre post, the length of thestraps shall be nine feet on each side, and shall be firmly bolted to thecentre post and sole plate by one inch bolts to approval. All gear andfoundations thereof and gear connections to gantries and all similarstructures shall be done to the full approval of the Chief Inspector ofMachinery. Each centre under the back-stay of the crane shall have aplatform at the bottom formed of nine-inch by three-inch timber, firmlybolted to the centre post and to the sides of the tower, and each towershall be loaded with a weight equal to three times the weight the cranehas to lift.

(ii) The construction of every tripod gantry not exceeding onohundred feet in height for a crane to lift from ten to fifteen tons shallbe similar in all respects to the foregoing, with the exception that thecorner posts of the towers shall be eight inches•by eight inches. Wherethe circumstances necessitate a gantry exceeding one hundred feet inheight, it shall in all respects be securely constructed by the ownerthereof, or constructed to the satisfaction of an inspector.

(iii) All single mast derricks shall be provided by the ownerthereof with not less than three guys, each of which guys shall besecurely attached to top of derrick and fastened to a substantialanchorage.

Page 20: INSPECTION OF SCAFFOLDING

20 Inspection of Scaffolding.

(iv) Other styles of gantries shall be erected in such a manner asan inspector may approve.

Lift Boxes.11. Lift boxes, designed to carry up to three tons, shall be con-

structed by the owner thereof of two-inch Oregon properly framedtogether. Each box shall have two carrying straps made of three-inchby five-eighths of an inch iron passing under the bottom of the box andup each side, and secured to the timber with five-eighths-inch bolts.Eyelet-holes shall be formed on top to receive box chains.

Stages in use upon Ships in Dock or upon Slips.12. Every stage used or intended to be used upon any ship in

dock or upon a slip shall be constructed by the owner thereof accord-ing to the following specifications:—

(i) Planking for large stages shall be not less than twelve inchesby three inches oregon pine or other approved timber. There shall besupporting stage ropes, and the distance between any two such ropesshall not exceed eighteen feet supporting stage ropes, and the distancebetween any two such ropes shall not exceed eighteen feet.

(ii) All stage ropes shall be of steel not less than one and three-quarters inches in circumference, and shall have a long eye spliced inone end to go round planks; such eye shall be not less than four feetsix inches in length; a short eye shall be spliced in other end of suchrope to take tail-rope. All splices shall have at least three and one-halftucks, and if in steel rope shall be properly served. Tail-ropes shall beof not less than two and three-quarter inches circumference, and shallbe of Europe or Manila rope. Guys shall be of sufficient strength andnumber to secure the proper steadiness of all stages.

(iii) All guys shall be of wire rope not less than one and one-quarter inches in circumference, and shall be provided with Manillatail-ropes of not less than two inches circumference.

All guys and tail-ropes shall be attached by means of spliced eyes,properly made, with at least three and one-half inch tucks.

All steel rope spliced shall be served.(iv) All stages shall be provided with a life-line of Europe rope

not less than two and one-half inches in circumference, which life-lineshall be properly secured to the stage-ropes by means of one and one-quarter inch Europe or Manila rope lanyards, at a height of not lessthan two feet six inches from planks.

Staging planks shall lap at least four feet, and staging ropes shallbe attached to planks, in middle of laps, with one full turn of the largeeye.

All stages shall be provided with satisfactory end guys.

Flying Stages.13. Every flying stage shall be constructed by the owner thereof

according to the following specifications:—(i) Flying stages shall be constructed of twelve-inch by two-inch

Oregon or other approved timber planking, fourteen feet long. Such

Page 21: INSPECTION OF SCAFFOLDING

Inspection of Scaffolding. 21

staging shall be suspended by means of two-inch Europe or Manilatail-ropes attached to one-inch circumference stage ropes (steel) bymeans of eyes spliced in ends of ropes.

(ii) Such stage-ropes shall be attached to planks by means of onefull turn round plank, and be seized beneath plank and stapled in posi-tion to sides of plank.

(iii) All flying stages shall be provided with spurs securely boltedto planks and sufficiently long to ensure effective working conditions.

(iv) Where it is necessary for workmen to stand to their workupon flying stages, an efficient life-line must be provided.

Stages for Engineers and Boilermakers.

14. Every stage used or intended to be used for engineers orboilermakers shall be constructed by the owner thereof according to thefollowing specifications:-

(i) Every hanging stage shall be of sufficient strength to bear atleast three times the weight which it will he called upon to support.Every such stage shall be suspended from overhead eat-heads or needlesproperly lashed in position or otherwise securely fixed.

(ii) All planking forming such staging shall be not less than twelveinches by three inches Oregon pine free from knots or shakes. Singleplanks shall be used only when the nature of the work requires theworkman to sit to it.

(iii) All planks shall be supported by means of steel ropes notless than one and three-quarters inches in circumference. The distancebetween the supporting ropes shall not exceed fourteen feet; such sup-porting ropes shall be carried round eat-heads or needles and bearersfor planks. Bearers for platforms of two or more planks in widthshall be not less than six inches by six inches oregon pine.

(iv) Where the use of life-lines would not interfere with workingoperations, and the workmen have to stand upon stages, life-lines ofEurope rope of not less than two and one-half inches in circumferenceshall be provided, properly lashed to the supporting ropes by meansof one and one-half inch Europe or Manila rope lanyards.

All staging planks shall lap at least four feet.

(v) Guys shall be of sufficient strength and number to secure theproper steadiness of staging.

(vi) Where trestles are used such trestle shall be of sufficientstrength and shall be properly framed with trestle legs spread in everydirection.

General.

15. (i) All runs, gangways, or similar means of communicationbetween different portions of a scaffolding or building shall be at leasteighteen inches wide. If composed of two or more boards, such boardsshall be bolted together in such a manner as will prevent unequalsagging.

Page 22: INSPECTION OF SCAFFOLDING

22 Inspection of Scaffolding.

Inserted byNo. 45 of1938, s. 7(b).

(ii) Every scaffold board forming part of a working platformshall be supported at each end by a putlog, and shall not project morethan six inches beyond such putlog, unless lapped by another boardwhich rests partly on or over the same putlog and partly upon putlogsother than those upon which the said board rests.

(iii) When any building is in the course of erection, repair, orstructural alteration, it shall be the duty of the owner to make properprovision for the protection of workmen and others within the build-ing, or in the vicinity thereof, by boarding over all well-holes, stair-cases, or lifts, or by fixing guard-rails down all the stairs and across alllandings and well-holes, or by adopting such other means for that pur-pose as may be directed by an inspector, and by keeping such boardingand guard-rails in position as long as any risk of an accident would beincurred by the removal of such protection.

(iv) All working platforms at a greater height than eight feetfrom the ground or floor shall be at least eighteen inches wide, and,where practicable, shall have a guard-rail not less than two feet sixinches or more than three feet above such platform.

(v) While pole or trestle scaffolding remains erected from openfloor joists or girders, such joists or girders shall be close covered fora distance of at least five feet from the outside edge of such scaffolding.

(vi) The owner shall remove all rubbish from all floors, landings,runs, gangways, platforms, and scaffoldings, and keep such floors, land-ings, runs, gangways, platforms, and scaffoldings at all times clear andclean of rubbish.

(vii) Such trestles as may be approved by an inspector may beused in place of standards. The standards may only be omitted whenthe internal or division walls form sufficient bearing for ledgers. Thedistance between any two such bearings shall not exceed eight feet.

(viii) When any scaffolding is used in connection with ceilingwork, the opening between scaffold boards shall not be greater thanthree inches, and all such scaffold boards shall be secured in positionsufficiently to prevent spreading.

(ix) No workman shall remove any brace, plank, putlog, orstandard from any scaffolding without the authority of the person incharge.

Ladders.16. (i) All ladders for bricklayers, plasterers, painters, and

others shall be constructed by the owner thereof in a proper mannerof clean oregon pine or other approved timber; batten ladders, whensquare timber is used, shall be constructed of three inches by two inchesstiles and three inches by one inch battens partly sunk into stiles andfirmly nailed or screwed to stiles.

(ii) No batten ladders shall exceed fourteen feet in length. Everyother ladder shall have hardwood turned rungs and three-eighths inchiron rods through both stiles underneath every eighth rung, and screwedup with nuts and washers. All ladders shall be used in such a man-ner as to extend at least five feet above the level served.

(iii) The rungs of all ladders used or intended to be used bybuilders' labourers shall be spaced at eight and one-half inches (81/ainches) centre to centre.

Page 23: INSPECTION OF SCAFFOLDING

Inspection of Scaffolding. 23

Use of Wooden Brackets.17. No wooden brackets shall be used for or in connection with

any scaffolding the method of construction of which is prescribed bythese regulations.

Scaffolding or Gear not otherwise provided for.18. Any scaffolding or gear not otherwise provided for herein

shall be constructed or used to the satisfaction of an inspector.

No. 39 of1924amended byNo. 13 of1930; a.6(c).

Periodical Inspection of Scaffolding and Gear.19. An inspection of all scaffolding or gear shall be made by an .%:9 of

inspector at least once in every three months, and upon such inspection amended byany scaffolding or gear or any part or parts thereof which is or are No 21 ."6.not considered safe shall be marked by the inspector as unfit for fur-ther use; and after being so marked by the inspector the marks shallnot be obliterated and such scaffolding or gear or such part or partsthereof shall not be used by any person.

Fees to be Paid for the Inspection of Scaffolding.20. (i) In respect of the inspection of scaffolding and gear, or 1%43.9 of

scaffolding or gear, there shall be paid by the owner thereof to the amended bychief inspector forthwith, on giving notice of intention as hereinbef ore Nai013s°4prescribed, the following fees, respectively:— (a), and No.

45 of 1938,(a) A sum equal to four shillings for every one hundred pounds a. 7 (a).

or portion thereof of the cost or estimated cost of the build-ing, structure, ship, boat, or other work for which the scaf-folding and gear, or scaffolding or gear, is used, where suchcost does not exceed ten thousand pounds; two shillings forevery additional one hundred pounds or portion thereofwhere the cost or estimated cost exceeds ten thousand poundsbut does not exceed fifty thousand pounds; and one shil-ling for every additional one hundred pounds where thecost or estimated cost exceeds fifty thousand pounds:

Provided that the maximum fee payable shall not inany case exceed one hundred pounds.

(b) In respect of scaffolding which consists of only trestles andplanks or swinging stages, and in respect of gear used bypainters, signwriters, paperhangers, plumbers, and electri-cians, the fees payable shall be four shillings for every onehundred pounds or portion thereof of the aggregate cost ofall work of which the owner has given notice in the prescribedform covering a period of one calendar year. For the pur-poses of this clause one year shall mean the period com-mencing on the first day of July and ending on the thirtiethday of June next following.

(c) In respect of buildings, structures, or lifts, in connection withwhich the only scaffolding used or to be used comprisesplanks laid on the permanent framework or structure, andalso in connection with which no scaffolding or gear otherthan swinging stages or planks are used, the fees payable

Page 24: INSPECTION OF SCAFFOLDING

24 Inspection of Scaffolding.

No. 39 of1924;amended byNo. 13 of1930, s. 6(e).

shall be four shillings for every one hundred pounds orportion thereof of the cost of the labour only engaged inconnection with the actual works for the purpose whereofthe kind of scaffolding specially mentioned in this clauseis used or to be used, and not on the total cost of suchworks.

(ii) For any scaffolding or gear used in connection with anybuilding, structure, ship, boat, or other work, for the purposes of altera-tions, repairs, or additions to such building, the fees shall be chargedon the cost or estimated cost of such alterations, repairs, or additionsaccording to the scale of fees in clause one hereof.

(iii) For every gantry erected to a height not exceeding fifty feeton any building, structure, ship, boat, or other work, the fee shall beone pound, and for every additional twenty-five feet or part thereof anadditional fee of ten shillings shall be paid.

(iv) Such fees shall he recovered as a debt due to the Crown, byaction at the suit of the chief inspector under the provisions of theLocal Courts Act, 1904-1931.

inserted byNo. 45 of1938, s. 7(d).

inserted byNo. 45 of1938, s. 7Id).

Inserted byNo. 45 of1938, s. 7

SCAFFOLDING CONSTRUCTED OF STEEL TUBES.

Permissible Loading.

21. The load due to the weight of men and materials uniformlydistributed over the area of a scaffolding platform shall not exceedforty-five (45) pounds per square foot of area.

The weight of a concentrated load applied to any bay of a scaf-folding shall not exceed four hundred (400) pounds, provided thatthis load and a distributed load shall not act simultaneously.

Not more than two (2) working platforms shall be set up andused on a frame at any one time, but short platforms may be set upin different positions upon the frame, provided that the total area ofthese platforms supported by any vertical would not exceed that sup-ported when two (2) full length platforms are set up.

General Arrangement.

22. In general arrangement, the scaffolding shall comprise anumber of verticals or uprights to which are connected horizontal mem-bers (ledgers) supporting putlogs on which are laid the scaffold planks,the complete frame being braced both longitudinally and transversely.

Materials.

23. (i) Tubes.—To be of mild steel round pipes, steam quality,of not less than one and twenty-nine thirty-seconds (1 29/32) of aninch outside diameter, one and a half (11/2) inch bore and a wall thick-ness of not less than number 6 British Imperial standard wire gauge,such pipes to be straight and free from indentations, corrosion andother like defects. The ends of all tubes shall be squared to ensureeven bearing over the whole area of the section at joints and other likeconnections.

Page 25: INSPECTION OF SCAFFOLDING

Inspection of Scaffolding. 25

(ii) Fittings.—The fittings or devices used for connecting the vari-ous members of the scaffolding shall only be those approved in writ-ing by the chief inspector.

All fittings shall accurately embrace, over the whole area of theirbearing, surfaces, the member or members on which they are used.

Where the efficacy of fittings is dependent on frictional grip, suchfittings shall not be used to transmit tension forces.

Fittings having screw threads in blind bosses or nuts, in which theamount of screw thread or nut cannot be directly observed, shall notbe used.

(iii) Platform planks—Shall be of the best quality Oregon(Douglas fir) or of an approved species of Australian hardwood timber.

Construction.24. (i) The height of the topmost platform shall not exceed one

hundred and fifty feet (150 feet), such height being measured fromthe base of vertical to the surface of the platform.

(ii) Verticals shall be spaced not more than six feet for masons'scaffolds, eight feet for bricklayers' scaffolds, ten feet for painters'light scaffolds apart. Joints in verticals shall not occur at a distancegreater than nine (9) inches from a ledger.

(iii) Verticals shall he founded on base plates of approved designand construction. Verticals shall he straight throughout and shall beset up truly vertical. The centre point of any cross section of a ver-tical shall not diverge more than one-quarter (VI ) of an inch from avertical passing through the centre point of a cross section of the tubeat the foot of the upright.

Where necessary, suitable guards or fenders shall be provided toprevent verticals sustaining damage from any source.

(iv) Each ledger shall be supported by and at each vertieal. Thedistance apart of ledgers on vertical shall not exceed six (6) feet, pro-vided that in emergent cases, the distance from the base of the scaffold-ing to the first ledger may be increased to not more than ten (10) feet.Joints in ledgers shall not occur in adjacent panels of the scaffoldingframe. A joint shall not be made at the centre of the distance betweentwo verticals and the distance from one vertical to the centre of thejoint shall not exceed twenty-seven (27) inches.

(v) Ledgers shall be continuous the whole length of the scaffold-ing frame. They shall he fixed in a horizontal plane.

Inserted byNo. 45 of1938, s. 7(d).

Putlogs.25. N) One putlog shall be placed at each side of each vertical, Inserted by

may 193 46 ofexcept at the verticals at the end of the scaffolding where one onlybe used. (d).

(ii) Putlogs shall be positioned not more than nine (9) inchesfrom a vertical, measured centre line of vertical to centre line of put-log.

The maximum span of a putlog shall not exceed five (5) feet,measured centre to centre of supports. Where one end of a putlog issupported by a wall or other part of a structure, such end shall be

Page 26: INSPECTION OF SCAFFOLDING

26 Inspection of Scaffolding.

positively secured to the wall or structure and, in this case, the spanshall be considered as the distance between the face of the wall and thecentre line of the ledger supporting the other end.

(iii) Putlogs shall not be placed in positions other than those men-tioned in paragraphs (i) and (ii) above.

Putlogs shall be set horizontally and above the ledgers. The topsurface of each putlog shall be in a plane parallel to the ledgers.

Putlogs shall provide true and even support to the scaffold plat-form planks.

A joint shall not be made in the span of a putlog.

inserted byNo. 45 of1938 . e. 7(d).

Inserted byNo. 45 of1938, s. 7(d).

Inserted byNo. 45 of1938, s. 7

Scaffolding Platforms.

26. Platform planks shall be not less than nine (9) inches inwidth, nor less than one and a half (11/2) inches thick if of oregontimber, or one and a quarter (11/2) inches thick if of karri timber;finished sizes.

Planks shall be closely laid over the full width of the frame andshall lap at ends not less than nine (9) inches.

Fenders (Toe Boards) and Guard Rails (Hand Rails).

27. Fenders and guard rails shall be securely fixed to the ver-ticals at the edges and ends of all scaffolding platforms.

Fenders to effectively prevent materials, tools or other objectsfalling from a platform shall extend to a height of not less than nine(9) inches above the surface of a platform and, if of timber, shall benot less than one and a quarter (1%) inches thick; if made of metalthey shall be at least of equal stiffness as if of timber.

Guard rails shall be fixed at a height of thirty-six (36) inchesabove the surface at the edges of platforms. They shall be of mild steelround pipe one and twenty-nine thirty-seconds (1 29/32) of an inchoutside diameter, of wall thickness of not less than No. 9 British Im-perial standard wire gauge (one and a half (1 1/2 ) inch bore).

Bracing.

28. Scaffolding shall be securely and effectively braced in alldirections to form a rigid structure capable of maintaining a wide mar-gin of stability under all possible conditions. Braces shall be of mildsteel scaffold tubes as specified in regulation 23 of this Part.

Formerly 21in schedule.

PART III.—EXAMINATION FOR CERTIFICATE AS INSPECTOROF SCAFFOLDING AND FOR LICENSE AS SCAFFOLDER.

Examination for Certificate for Inspector of Scaffolding.29. Every candidate for the position of Inspector of Scaffolding

shall produce satisfactory references from a former employer as to hischaracter and reliability, and shall prove to the satisfaction of the chiefinspector that he has been engaged for at least seven years in the build-ing trade and is a competent tradesman, and shall pass such an examina-

Page 27: INSPECTION OF SCAFFOLDING

Inspection of Scaffolding. 27

tion to the satisfaction of the chief inspector to show that he possessesthe following qualifications:

(a) Ai sound knowledge of the rules of arithmetic up to and in-cluding square root and decimal fractions:

(b) A sound knowledge of the Act and these regulations;(c) A thorough knowledge of all material used in connection with

scaffolding and gear;(d) A thorough knowledge of the strength of various timbers, and

the safe load they will carry in any given position;(e) Ability to construct and to erect various kinds of scaffolding

used in connection with building or structural operations;(f) Ability to make a good freehand sketch or working drawirg

of any kind of scaffolding required.

Examination for License as Scaffolder.30. (1) Every candidate for examination for a license as scaf-

folder shall prove to the satisfaction of the chief inspector by oralexamination that he has been engaged in that class of work and thathe has a sufficient knowledge of the English language to enable him tospeak such language intelligibly and that he possesses a sound know-ledge of the Act and the regulations.

In addition, every candidate shall perform to the satisfaction ofthe chief inspector such practical test as the chief inspector shall pre-scribe.

(2) Upon proof that any person to whom a license as scaffolderhas been issued is responsible for the erection of any scaffolding orgear of a defective nature such license may he cancelled by the chiefinspector.

Inserted byNo. 45 of1938, a. 7(h), as 21A,now renum-bered 30.

PAnr IV.—MISCELLANEOUS PROVISIONS.

Abstracts of Act to be Posted.31. Every owner of scaffolding or gear shall cause to be affixed No 39 of

1924;and maintained, in such place or places as the inspector directs, true amended byabstracts of the sections of the Act specified opposite each such class No. 13 of

1930, a. (f ).respectively, together with true abstracts of such clauses of these regu- Formerly 22lations as relate to the same matters:— in Schedule.

(1) Powers and duties of inspectors ..(2) Occupiers to allow entry and insii iection(3) Obstructing an inspector ..(4) Scaffolding, etc., to be in accordance

with Act(5) Inspector may give directions as to

scaffolding, etc. ..(6) Inspector may order work to cease(7) Appeal from an inspector .(8) Not keeping scaffolding in conformity

with Act .. • ..

(9) Inspector to be notified of accident

section

51

7

7

9

10

121212

1315

(1)

(1)(4)(5)

(2)

Page 28: INSPECTION OF SCAFFOLDING

28

Inspection of Scaffolding.

(10) No contracting out .. .. section 18(11) Abstract of Act, etc., to be posted up „ 19

(12) False entries „ 21

(13) Who may be proceeded against foroffences • • 22

No. 39 of1924;amended byNo. 13 of1930, a. 6(g ); for-merly 23 inSchedule.

Formerly 24in Schedule.

General Duty of an Inspector.

32. It shall he the duty of every inspector and officer appointedfor the purposes of the Act or these regulations to so act in the exer-cise and discharge of his powers and duties thereunder as not to inter-fere unreasonably or unduly with the work or processes being carriedon in connection with any scaffolding or gear.

References to Magistrates.

33. (i) Forthwith after the receipt of a requisition under sec-tion twelve of the Act, the inspector shall send a copy thereof to thenearest police or resident magistrate, who shall thereupon fix a dayand place for the hearing of such matter, and shall at the least three daysbefore the day so fixed for such hearing give written notice of sameto the appellant and to the inspector.

(ii) Every such reference shall be heard and determined in opencourt, and, subject to these regulations, shall be conducted as nearlyas may be according to the practice adopted in the hearing and deter-mination of complaints for breaches of duty under the provisions ofthe Justices Act, 1902-1936.

The magistrate shall have, for the purpose of such reference andthe summoning and examination of witnesses thereat, all the powerswhich are possessed by any two justices in the ease of summary pro-ceedings under the said last-mentioned Act.

Every r erson summoned shall be allowed such expenses as wouldbe allowed in a court of petty sessions to a witness attending on sub-poena: Provided that the magistrate may disallow in whole or in partthe expenses of any such person.

The magistrate may, upon a request in writing signed by two ormore persons, who shall prove to the satisfaction of the magistratethat it is to the public interest that the matter in dispute be authorita-tively settled, hear and determine the dispute in the absence of theparties or either of them, if, after proof of the service of the said threedays' notice of the meeting, the appellant and inspector, or either ofthem, are or is absent or unrepresented.

Every such notice of the meeting for the purpose of a referenceshall be served in the manner provided for the service of a summonsunder the Justices Act, 1902-1936.

(iii) The decision of the magistrate shall be made within onemonth next after the date on which the reference was heard.

(iv) The magistrate may, before making decision, make a per-sonal inspection of the premises, buildings, or apparatus in question, andthe approaches and surroundings thereof, and may take the evidenceof such experts as he may think fit upon the necessity or the fact of

Page 29: INSPECTION OF SCAFFOLDING

Inspection of Scaffolding. 29

the practicability of making such structural alterations or other matteralleged in the notice or order to be dangerous, or of any possible modi-fications of the requirements of the notice or order.

For such purposes the magistrate, or some person or personsappointed by him, may enter and inspect any premises, the entry andinspection whereof appears to the magistrate to be requisite.

When any expert is summoned at the instance of the magistrate,as provided for in this subsection, the fee payable to him shall be partof the expenses of the reference.

(v) If the magistrate decides that the notice or order was unneces-sary, the notice or order shall be cancelled.

In such cases the cost and expenses of the reference shall be paidby the Minister in the same manlier as the expenses of the inspectorunder the Act.

(vi) Save as aforesaid, the magistrate may make such order ashe thinks fit respecting the payment of the cost and expenses of thereference.

(vii) Any portion of the costs and expenses ordered to be paidby the person to whom the notice or order was given shall be a debtdue by him to the inspector, and shall be recoverable in any court ofcompetent jurisdiction.

General Penalty.34. (1) When any matter or thing is by these regulations directed Formerly 25

Schedui .or forbidden to be done, or when any authority is given by these regu- in

lations to any person to direct any matter or thing to be done, andsuch act so directed to be done remains undone, or such act so for-bidden to be done is done, in every such case every person offendingagainst such direction or prohibition shall be guilty of an offence againstthese regulations.

(2) Any person committing a breach of or guilty of an offenceagainst any of these regulations shall be liable on conviction to a pen-alty not exceeding twenty pounds.

Forms.35. The forms in the Schedule hereto, with such alterations as Formerly 26

circumstances may require, shall be used for the purposes to which they in Schedule.

respectively apply.

THE SCHEDULE.

Form A. FormerlyForm A.

INSPECTION OF SCAFFOLDING ACT OF 1924-1938.

Certificate of Appointment of Inspector.

Department of Public Works,Perth, 19 .

This is to certify that (name in full) has been appointed by theGovernor in Council an Inspector under and for the purposes of theabove-mentioned Act.

Under Secretary for Works.[Note.—The Inspector shall, when applying for admission to any

place, if required, produce this certificate to the occupier of the place.]

Page 30: INSPECTION OF SCAFFOLDING

30 Inspection of Scaffolding.

FormerlyForm Al;inserted byNo. 45 of1938, s. 7i).

FormerlyForm 12,inserted byNo. 45 of1938, s. 7( i).

Form B.

INSPECTION OF SCAFFOLDING ACT, 1924-1938.

Notice of intention to apply for a License as Scaffolder to the ChiefInspector of Scaffolding, Perth.

Sir,I hereby make application for a license as scaffolder. I desire to

present myself for examination at

The particulars hereunder are provided for your information.

I am,Your obedient servant,

1. Address in full of the applicant 2. Place of birth of applicant 3. Date of birth 4. Length and nature of service, with testimonials

5. Name of any person to whom reference may be made, if considerednecessary, for verification of above particulars

Form C.

INSPECTION OF SCAFFOLDING ACT, 1924-1938.

License as Scaffolder.

Department of Scaffolding,Perth,

This is to certify that has been licensed as scaffolder under and for the purpose of the above-mentioned Act.

Chief Inspector.

No. 39 of Form D.4192 :

inserted by INSPECTION OF SCAFFOLDING ACT, 1924-1938.No. 13 of1930, s. e To the Inspector of Scaffolding.(b ) ; for-merly Form I (or we) , of BinSchedule, now hereby give notice that I (or we) intend to erect scaffolding and (or)reletteredForm D. use gear at (here describe

the premises or exact locality where scaffolding is to be set up or gearis to be used) in accordance with the following particulars:

(The particulars should include a short statement of the materialto be used, and for what purpose the scaffolding or gear is intended.)

Class of building, structure, or other work Height of same

Page 31: INSPECTION OF SCAFFOLDING

Inspection of Scaffolding. 31

Total cost of contract or estimated cost of works in connectionwith which the scaffolding or gear is intended to be used, £

Dated this day of

(Signature)

Form E.

INSPECTION OF SCAFFOLDING ACT, 1924-1938.

Notice to Owner of Scaffolding or Gear.

To I hereby give you notice that it appears to me that the use of the

scaffolding (or gear) erected and used (or in course of erection anduse) at is (or would be) dangerousto human life and limb [or that with regard to the scaffolding (or gear)erected (or used or in course of erection or use) at the above Act (or the regulations under the above Act, or the Order inCouncil dated the day of 19...,under the above Act, as the case may be) is not being complied with].

I therefore direct you to alter it by beforeallowing the same to he used by any workman or for the support orprotection of any workman.

Dated the day of , 19...

Inspector of Scaffolding.

No. 39 of1924;amended byNo. 13 of1930, s. 6 ( i);formerlyForm C inSchedule,nowreletteredForm E.

Form F.

INSPECTION OF SCAFFOLDING ACT OF 1924-1938.

Notice of Accident.

To the Inspector of Scaffolding.I have to notify you that an accident occurred at

on

The following are the particulars:

Name of person killed or injured Occur ation Residence Where removed to Nature of accident

(Signature)

Date

FormerlyForm D inNo. 13 of1924.

Page 32: INSPECTION OF SCAFFOLDING

32 Inspection of Scaffolding.

FormerlyForm E inNo. 39 of1924.

Form G.

INSPECTION OF SCAFFOLDING ACT OF 1924-1938.

Requisition to refer matter to Magistrate.

To the Inspector. 19 .

Office of the Chief Inspector of Scaffolding (in the case of theMetropolitan District; or, in the ease of country districts) To theInspector of Scaffolding for the District of (at his gazetted address).

I hereby require you to refer the subject-matter of your notice(or order) to me, dated the day of 19..., namely (set out the matter of reference) to the nearest policeor resident magistrate.

Dated this day , 19...

(Signed)

By Authority: FRED. %VM. Sistesox, Government Printer, Perth.