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QUEENSLAND

THE

INSPECTION OF SCAFFOLDING ACTS, 1915 TO 1966

WITH

REGULATIONS

AND AN

INDEX

(Compiled to 31st July, 1967)

Prepared by direction of

The Honourable J. D. HERBERT, M.L.A., Minister for Labour and Tourism

By Authority: S. G. REID, Government Printer, Brisbane 1967

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THE

INSPECTION OF SCAFFOLDING ACTS, 1915 to 1966

Inspection of Scaffolding Act of 1915, 6 Geo. 5 No. 25 Amended by

Inspection of Machinery and Other Acts Amendment Act of 1930, 21 Geo. 5 No. 6

Inspection of Scaffolding Acts Amendment Act of 1951, 15 Geo. 6 No. 30

Inspection of Scaffolding Acts Amendment Act of 1954, 3 Eliz. 2 No. 12 Inspection of Scaffolding Acts Amendment Act of 1955, 4 Eliz. 2 No. 3 Inspection of Scaffolding Acts Amendment Act of 1959, 8 Eliz. 2 No. 1 Inspection of Scaffolding Acts Amendment Act of 1960, 9 Eliz. 2 No. 35 Inspection of Scaffolding Acts Amendment Act of 1963, No. 15 Inspection of Machinery Acts and Another Act Amendment Act of 1966,

No. 20, Part DI

An Act to make better provision for the Inspection of Scaffolding [Assented to 22 December 1915]

1. Short title and commencement of Act. This Act may be cited as

"The Inspection of Scaffolding Act of 1915," and shall come into operation on the first day of January, one thousand nine hundred and sixteen.

Collective title conferred by Act of 1966, No. 20, s. 15 (2).

2. Repeal. 8 Edw. 7 No. 9 s. 3. So much of the provisions of "The Inspection of Machinery and Scaffolding Acts, 1908-1912," as relates to scaffolding is repealed.

Savings. All regulations lawfully made under the said Acts relating to matters coming within the operation of this Act and in force at the commencement of this Act shall continue in force until amended or repealed under this Act.

All officers appointed as chief inspector and inspectors of scaffolding under the said Acts and holding office at the commencement of this Act shall be deemed to have been appointed under this Act.

Act referred to:

Inspection of Machinery and Scaffolding Acts, 1908 to 1912, repealed.

Regulations relating to scaffolding under the repealed Act~ were rescinded by reg. 2, Gazette 25 February 1916.

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2 s. 3 INSPECTION OF SCAFFOLDING ACTS, 1915 TO 1966

3. Interpretation. lb. s. 4. In this Act, unless the context otherwise indicates, the following terms have the meanings set against them respectively, that is to say:-

"Builder's hoist"-Any-

(a) Lifting appliance worked by any power with a carriage, platform, cage or skip, the direction of movement of which is restricted by a guide or guides and by which men or materials employed upon or used in building work can be raised or lowered and includes the supporting structure, machinery, equipment and gear connected with the builder's hoist; or

(b) Whip or sheer legs hoist and the machinery, equipment and gear used in connection therewith used for the installation or dismantling of machinery, plant or equipment, or the erection or demolition of stacks of timber goods or materials or the raising or lowering of materials in connection with building work or excavation work;

"Building work"-Includes any work in or in respect of building, rebuilding, erecting, re-erecting, constructing, reconstructing, equipping, finishing, altering, repairing, adding to, renovat- ing, demolishing, removing, plastering, panelling, lining, decorating, painting, colouring, white washing, papering or cleaning which, when done in relation to a building or other structure whatsoever is done at or adjacent to the site of the building or structure and which, when done in relation to a ship or boat is done on or adjacent to the ship or boat in or on a shipyard, dry dock or slipway;

"Chief Inspector"-Includes a person occupying or performing for the time being the duties of the office of Chief Inspector;

"Crane"-A grab crane, charging crane, excavator, power shovel, floating crane, cableway, overhead travelling crane, jib crane, derrick crane, locomotive crane, cantilever crane, bridge or gantry crane, stripping crane, telpher crane, loader, monorail, fork lift truck and mobile crane and any other crane or apparatus or contrivance used or capable of being used for raising, lowering, handling or transporting loads in like manner, and includes the supporting structure and the gear used in connection with the crane, but does not include a hoist or lift;

"Dogman"-A person slinging and directing the movement of loads handled by a power crane on any building work or excavation work where such loads are usually not in full view of the crane-driver;

"Excavation work"-Includes any work in or in respect of excavating for or preparing foundations for any building or other structure whatsoever, but does not include any excavation less than five feet in depth measured from the top of the excavation;

"Explosive-powered tool"-Means a tool whereby a projectile may be driven against, into or through any substance by means of an explosive charge, and includes every attach- ment to and accessory of such a tool and every device used or adapted or intended to be used therewith;

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INSPECTION OF SCAFFOLDING ACTS, 1915 TO 1966 s.3 3

"Gear"-Includes any ladder, plank, chain, rope, hook, sling, hanger, yoke, fastening shackle, hoist, stay, brace, block, bracket, pulley, box, grab, trestle, swinging stage, boat- swain's chair, or other moveable contrivance of a like kind used or intended to be used in connection with scaffolding, and any appliance or thing whatsoever used or intended to be used for any purpose instead of scaffolding;

"Inspector"-The chief inspector of scaffolding and any inspector appointed under this Act, and any person appointed for the time being to perform the whole or any part of the duties of an inspector;

"License"-A license granted under this Act and in force at the material time and, with reference to any particular provision of this Act, a license of the description appropriate according to that provision;

"Lift"-Any apparatus or contrivance by which persons or goods are raised or lowered or are capable of being raised or lowered within a cage or car, the direction of movement of which is restricted by a guide or guides and includes the supporting structure, machinery, equipment, gear and enclosures used in connection with the lift, but does not include a crane;

"Minister"-The Minister for Labour and Industry or other Minister of the Crown charged for the time being with the administration of this Act;

"Owner"-In relation to any scaffolding, gear, explosive-powered tool or materials whatsoever set up or used or intended to be set up or used in connection with building work or excavation work, includes, but without limit to the ordinary meaning thereof, the mortgagee, hirer, lessee or borrower thereof, any overseer, foreman, agent, manager, or other person having the control, charge or management thereof, and any person who has contracted to carry out the building work or excavation work or, in the case of excavation work for or in connection with any building work, the whole of such building work and, in relation to any building work or excavation work in respect of which ·there is no such contractor, the person on whose behalf the building work or excavation work is being carried out;

"Place"-Any structure or area, enclosed or otherwise, and whether above or below ground, wherein or whereon any scaffolding, gear or explosive-powered tool is erected or used: the term includes any road, street, bridge, wharf, house, or building or, whilst under construction or repair, any ship or boat and also includes any excavation work and any area, enclosed or otherwise, wherein any excavation work is being carried out;

"Power"-In relation to a crane or hoist, any power other than manual power;

"Prescribed"-Prescribed by this Act;

"Projectile"-Means stud, pin, dowel, screw, rivet, spike, nail or other object driven against, into or through any substance by means of a tool, or adapted or intended to be so driven;

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4 ss. 4, 5 INSPECTION OF SCAFFOLDING ACTS, 1915 TO 1966

"Regulations"-Regulations made under the authority of this Act;

"Scaffolder"-The person in charge of the erection or demolition of scaffolding and being the holder of a license under this Act empowering him to act in that position;

"Scaffolding"-Any structure, staging, or platform, set up or used or intended to be set up or used for or in connection with, or for the support or protection of workmen employed in, the carrying out of-

(a) Buuding work or excavation work;

(b) The installation or dismantling of machinery, plant or equipment;

(c) The erection or demolition of stacks of timber, goods or materials,

and includes the supporting structure and gear used in connection with the scaffolding: the term also includes any part of a building or structure and any structural member or members of a building or structure used for or in connection with the carrying out of building work or excavation work in relation to another part or another structural member or members of the building or structure in question, and any thing, save any such part of a building or structure and any such structural member or members of a building or structure, which is scaffolding within the meaning of this definition shall continue to be such until it is completely demolished or dismantled notwithstanding that its use for any purpose specified in this definition has ceased:

Provided that this term does not include mine timbering or any structure erected for or in connection with the carrying out of mine timbering;

"Serious bodily injury"-An injury which is likely to incapacitate the sufferer from work for at least fourteen days;

"Supporting structure"-Any structure, structural member or foundation (including any part of a building or its foundations) and any, or any part of any, ship or boat in or on a shipyard, dry dock or slipway subject in any manner to direct or indirect loading as the result of the installation or use of scaffolding;

"This Act"-This Act and any Orders in Council and regulations made thereunder.

As amended by Inspection of Machinery and Other Acts Amendment Act of 1930, s. 15; Act of 1951, 15 Geo. 6 No. 30, s. 2; Act of 1954, 3 Eliz. 2 No. 12, s. 2; Act of 1959, 8 Eliz. 2 No. 1, s. 2; Act of 1960, 9 Eliz. 2 No. 35, s. 2; Act of 1963, No. 15, s. 2.

4. Expenses to be paid out of moneys appropriated. 8 Edw. 7 No. 9, s. 8. All expenses of carrying this Act into execution shall be paid out of moneys to be from time to time appropriated by Parliament for the purpose.

5. ( 1) Appointment of inspectors. lb. s. 9. The Governor in Council may from time to time appoint a chief inspector of scaffolding, and so many inspectors and other officers as appear necessary for the purpose of this Act.

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INSPECTION OF SCAFFOLDING ACTS, 1915 TO 1966 ss. 6, 7 5

(2) Districts. He may by Order in Council from time to time divide the State or any part thereof into districts for the purposes of this Act, with such boundaries as he thinks convenient, and assign to any such district a name by which it shall be known.

He may at any time rescind or alter any Order in Council made under the authority of this section.

He may assign a district or districts to an inspector, but such assignment shall not be construed to limit the powers and authority of such inspector in respect of the whole State except to the extent by which they are expressly so limited by such assignment, or be construed in any way to limit the powers and authority of the chief inspector.

( 3) Certificate. Every inspector shall be furnished with a certificate of appointment, and upon applying for admission to any place shall, if required, produce such certificate to the occupier of the place.

As amended by Act of 1951, 15 Geo. 6 No. 30, s. 3.

6. Public inspectors. lb. s. 10. The Minister may from time to time, if he thinks fit, issue certificates of approval to qualified persons to act as public inspectors of scaffolding in such localities as he thinks fit.

Such certificates shall only be issued upon the applicants furnishing, by examination, such evidence of fitness and competency as may be prescribed.

Such certificates shall authorize the persons to whom they are granted to act as inspectors of scaffolding under this Act.

All holders of such certificates shall have and be subject to all such powers, authorities, duties, and obligations as may be prescribed.

7. ( 1) Reports to be made and filed. Every inspector shall, from time to time, as and in the manner required by the Chief Inspector and with such particulars and information as the Chief Inspector requires, report in writing to the Chief Inspector all inspections and examinations made by such inspector in pursuance of his powers under this Act.

A copy of such report shall be filed by the inspector who made it, in the records of the office provided for the use of inspectors, at the place where he is stationed, and shall be kept in the records of such office for the time being at such place for not less than five years.

Upon payment of the prescribed search fee, any such report relating to an accident to which section fifteen of this Act applies, or copy thereof shall, at the office of the Chief Inspector, or in the case of such copy at the office where it is filed and kept, or other convenient place appointed from time to time for that purpose by the Chief Inspector, be open for inspection in respect of any scaffolding, gear, explosive-powered tool or .excavation work by any person who satisfies the Chief Inspector, or m the case of such copy, an inspector stationed at the place where the office in which it is filed and kept is situated, that he is a person to whom serious bodily injury was caused by the accident, or the widow or widower or personal representative of a deceased person whose death was caused by the accident, or the solicitor of any such person and, upon payment of the prescribed fee, such person shall be entitled to be furnished with a copy of, or an extract from, any report or copy which is open to inspection by him as aforesaid.

(9)

6 s. 8 INSPECTION OF SCAFFOLDING ACTS, 1915 TO 1966 (2) Protection of officers. Neither the Chief Inspector nor any inspector shall incur any civil or criminal liability as for defamation by the publication of any defamatory matter in a report or copy, made or furnished by him by virtue of his office or in the performance of his duty as such Chief Inspector or inspector under this Act.

Nothing in this subsection shall be taken as authorizing, justifying or excusing in respect of any such report, any contravention of or failure in any respect to comply with the provisions of "The Public Service Acts, 1922 to 1958," and any action, investigation or other proceeding whatsoever under such Acts may be had and taken by or against the Chief Inspector or any inspector in respect of any such contravention or failure in all respects as if this subsection had not been enacted.

Substituted by Act of 1960, 9 Eliz. 2 No. 35, s. 3.

Act referred to:

Public Service Acts, 1922 to 1965.

8. Powers of Inspectors. Any inspector may at any time-

(i) Enter, inspect and examine any place where there is or where he has reason to believe there is any scaffolding or gear or explosive-powered tool or excavation work;

(ii) Inspect and examine any scaffolding or gear or explosive- powered tool .or excavation work, or materials used in connection with excavation work found upon such entry and the appliances connected therewith or belonging thereto, if any;

(iii) Call to his aid-

( a) Any member of the police force where he has reasonable cause to apprehend any obstruction in the exercise of his powers or in the execution of his duties;

(b) Any person he may think competent to assist him in such inspection and examination;

(iv) Make such examination and inquiry as may be necessary to ascertain whether the provisions of this Act have been or are being complied with in respect of any scaffolding or gear or explosive-powered tool or excavation work, or materials used in connection with excavation work, the owner thereof, and the persons employed in connection therewith and for the purpose of any such examination or inquiry enter and remain upon any land, whether open or enclosed, any building or other structure whatsoever and any other place (whether open or enclosed) ;

( v) Question, with respect to matters under this Act, the occupier of any ·place, the owner of any scaffolding or gear or explosive-powered tool, every person whom he finds in any place, and every person who has been within the preceding six months employed in any place to ascertain whether this Act has been or is being complied with, and require any such person to answer the questions put and to sign a declaration of the truth of his answers;

(vi) Exercise such other powers and authorities as may be prescribed.

Substituted by Act of 1951, 15 Geo. 6 No. 30, s. 4; as amended by Act of 1959, 8 Eliz. 2 No. 1, s. 3; Act of 1960, 9 Eliz. 2 No. 35, s. 4.

(10)

INSPECTION OF SCAFFOLDING ACTS, 1915 TO 1966 ss. 9,10 7 9. Occupiers to allow entry and inspection. The occupier of any place wherein or whereon there is any scaffolding or gear or explosive-powered tool or excavation work and every owner of any scaffolding or gear or explosive-powered tool or materials used in connection with excavation work shall furnish to any inspector all reasonable assistance and all such information which he is capable of furnishing as is required by that inspector with respect to the exercise of his powers and the discharge of his duties under this Act in relation to that place or, as the case may be, scaffolding or gear or explosive-powered tool or excavation work or materials used in connection with excavation work.

Without limit to the foregoing provisions of this section, any a'ild every person in charge or apparently in charge of any building wo.·k, excavation work, the installation or dismantling of machinery, plant or equipment, or the erection or demolition of stacks of timber, goods, or materials, shall take and do, as directed by an inspector, all such steps and all such things as that inspector may reasonably require that person to do or take in or towards assisting that inspector with respect to the exercise of any of his powers or the discharge of any of his duties under this Act in relation to that excavation work or in relation to scaffolding or gear or explosive-powered tools used in relation to that building work, excavation work, or other work as aforesaid, as the case may be.

10. Obstructing an inspector, etc. A person shall not-

(i) Assault, resist, or obstruct an inspector in the exercise of his powers or in the discharge of his duties under this Act, or attempt so to do; or

(ii) Fail to answer any question put to him in pursuance of this Act by an inspector or give any false or misleading answer to any such question; or

(iii) Fail to comply with the lawful requisition or any part of the lawful requisition of an inspector; or

(iv) When required by or under this Act to furnish any assistance or to furnish any information to an inspector, fail to furnish that assistance or information, as the case may be, or, in the latter case, furnish false or misleading information; or ( v) Directly or indirectly prevent any person from appearing

before or being questioned by an inspector, or attempt so to do; or

(vi) Use any threat or any abusive or insulting language to any inspector or to an employee with respect to any inspection or examination or questioning.

Provided that no person shall be required under this section or under section eight section nine or section fifteen of this Act to answer any question, or give any information or evidence tending to criminate himself.

In this section the term "inspector" includes any person acting under lawful authority under or pursuant to this Act.

Substituted by Act of 1951, 15 Geo. 6 No. 30, s. 6.

(11)

8 ss.lOA, 11 INSPECTION OF SCAFFOLDING ACTS, 1915 TO 1966 lOA. Inspector may require name and address. Without limiting the provisions of sections eight and ten of this Act, any inspector who-

(i) Finds any person committing or who reasonably suspects any person of having committed an offence against this Act; or

(ii) Is making investigations or inquiries with a view to establishing whether or not an offence against this Act has been committed by any person; or

(iii) Questions, with respect to matters under this Act, any person,

may require such person to state his name and address or name or address and, if he has reasonable grounds to suppose that the name and address, or name or address, given is false, may require evidence of the correctness thereof.

Any person required under this section-

( a) To state his name and address or name or address who fails to state his name and address, or, as the case may be, name or address, or states a false name and address or, as the case may be, a false name or false address;

(b) To give evidence of the correctness of his name and address, or name or address, who fails to give that evidence or who gives false evidence with respect to his name and address or, as the case may be, name or address,

shall be guilty of an offence against this Act.

Inserted by Act of 1955, 4 Eliz. 2 No. 3, s. 2.

11. Scaffolding, etc., to be in accordance with Act. 8 Edw. 7 No.9, s. 24.

( 1) All scaffolding and all gear used in connection therewith and all materials used in connection with excavation work and all explosive- powered tools shall be either of a description prescribed by the regulations or of a description approved by the Chief Inspector and shall be set up, built, assembled, maintained, and used in accordance with this Act.

(2) Any person who makes, sells, lets or hires, lends, parts with possession for valuable consideration, or otherwise in any manner whatsoever disposes of, or uses-

( a) Any scaffolding; or (b) Any gear; or

(c) Any explosive-powered tool; or

(d) Any materials used in connection with excavation work, which is not of a description prescribed by the regulations or of a description approved by the Chief Inspector shall be guilty of an offence against this Act.

(3) An inspector may seize any scaffolding or gear or explosive- powered tool or any materials used in connection with excavation work or any part of any scaffolding or gear or explosive-powered tool or any materials used in connection with excavation work which is neither of a description prescribed by the regulations nor of a description approved by the Chief Inspector.

( 4) Anything seized under this section shall be deemed to be forfeited to Her Majesty and shall be dealt with as directed by the Chief Inspector.

(12)

(5) In any proceedings under, or resulting from the administration of, this section evidence by any inspector that any scaffolding or gear or explosive-powered tool or any materials used in connection with excavation work or any part of any scaffolding or gear or explosive- powered tool or any materials used in connection with excavation work is not of a description approved by the Chief Inspector shall be received and in the absence of evidence in rebuttal thereof shall be conclusive evidence thereof.

As amended by Act of 1951, 15 Geo. 6 No. 30, s. 7; Act of 1955, 4 Eliz. 2 No. 3, s. 3; Act of 1959, 8 Eliz. 2 No. 1. s. 5; Act of 1960, 9 Eliz. 2 No. 35, s. 6.

12. Power of inspector to give directions with respect to scaffolding.

(1) Where is appears to an inspector-

(a) That the use of any scaffolding or gear, including any scaffolding or gear in the course of erection, or any explosive- powered tool or any materials used in connection with excavation work would be so dangerous as to be likely to cause loss of life or bodily injury to any person; or

(b) That with respect to any scaffolding or gear, including any scaffolding or gear in the course of erection, or any explosive- powered tool or any materials used in connection with excavation work, or the use or erection thereof this Act is not being complied with in every respect,

that inspector may give to the owner of that scaffolding or gear or explosive-powered tool or any materials used in connection with excavation work a notice in writing to that effect and that notice may require the owner to take and do with respect to that scaffolding or gear or explosive- powered tool or any materials used in connection with excavation work, or the erection or use thereof all such steps and things as the inspector thinks necessary for the prevention of accidents or, as the case may require, compliance in every respect with this Act.

(2) A person to whom such a notice has been given shall comply in every respect with the requirements of that notice.

( 3) An inspector may in a notice under this section or, at any later time, in writing order that the scaffolding or gear or explosive- powered tool or any materials used in connection with excavation work the subject of the notice be not used until the requirements of the notice shall have been complied with in every respect.

A person shall not use or permit or allow to be used any scaffolding or gear or explosive-powered tool or any materials used in connection with excavation work at any time when the use of that scaffolding or gear or explosive-powered tool or any materials used in connection with excavation work is prohibited by order of an inspector under this section.

An inspector may at any time revoke an order as aforesaid made by him.

In this subsection the term "person" includes as well as the owner, every other person who knows that the use of the scaffolding or gear or explosive-powered tool or any materials used in connection with excavation work in question is prohibited as aforesaid.

(13)

10 s.12A INSPECTION OF SCAFFOLDING ACTS, 1915 TO 1966 12A. Powers of inspectors with respect to defective scaffolding or gear.

( 1) If an inspector is of the opinion that any, or any part of any scaffolding or gear or materials used in connection with any excavation work is by reason of dry rot, knots, shakes, cracks, fractures, breakage, splicing by way of repair, or other defect whatsoever or that any, or any part of any, explosive-powered tool is by reason of any defect whatsoever likely to cause loss of life or bodily injury to any person, the inspector may-

( a) Seize the scaffolding, gear, materials used in connection with excavation work or explosive-powered tool or the part of any scaffolding, gear, materials used in connection with excavation work or explosive-powered tool in question; or (b) In writing order the owner thereof-

(i) To destroy the scaffolding, gear, materials used in connection with excavation work or explosive-powered tool or the part of any scaffolding, gear, materials used in connection with excavation work or explosive-powered tool in question;

or

(ii) To do such acts and things to the scaffolding, gear, materials used in connection with excavation work or explosive- powered tool or the part of any scaffolding, gear, materials used in connection with excavation work or explosive- powered tool in question as will in the inspector's opinion make the scaffolding, gear, materials used in connection with excavation work, explosive-powered tool or part in question either safe for the purpose for which it is intended to be used or incapable of further use.

(2) (a) Any person who is aggrieved by an order made under paragraph (b) of subsection one of this section may appeal-

(i) Where the scaffolding, gear, materials used in connection with excavation work or explosive-powered tool, or the part of any scaffolding, gear, materials used in connection with excavation work or explosive-powered tool in question is situated within the area of the City of Brisbane at the time of the making of the order, to the Chief Inspector;

(ii) Where the scaffolding, gear, materials used in connection with excavation work or explosive-powered tool, or the part of any scaffolding, gear, materials used in connection with excavation work or explosive-powered tool in question.

is situated elsewhere than in the area of the City of Brisbane at the time of the making of the order, to a stipendiary magistrate or a clerk of petty sessions.

(b) An appeal under this subsection shall be instituted by lodging, within seven days of the making of the order, a notice of appeal in writing-

(i) Where the appeal is to the Chief Inspector, in the office of the Chief Inspector;

(ii) Where the appeal is to a stipendiary magistrate or clerk of petty sessions, in the office of a clerk of petty sessions within the petty sessions district wherein the scaffolding, gear, materials used in connection with excavation work or explosive-powered tool, or the part of any scaffolding, gear, materials used in connection with excavation work or explosive-powered tool in question is situated at the time of the making of the order.

(14)

(c) Where the appeal is to a person other than the Chief Inspector, it shall be heard and determined by a stipendiary magistrate where the stipendiary magistrate who usually officiates in the petty sessions district in question usually resides at the place whereat notice of the appeal is lodged and in every other case it shall be heard and determined by the clerk of petty sessions at that place.

(d) (i) Subject to subparagraph ( ii) of this paragraph (d) no person shall use the scaffolding, gear, materials used in connection with excavation work or explosive-powered tool, or the part of any scaffolding, gear, materials used in connection with excavation work or explosive- powered tool the subject of such an order unless the order is revoked or, in the case of an order to repair, unless and until the order has been complied with in every respect;

(ii) Where such an order is varied upon appeal, such variation shall not authorize the use of the scaffolding, gear, materials used in connection with excavation work or explosive-powered tool, or the part of any scaffolding, gear, materials used in connection with excavation work or explosive-powered tool the subject of the order contrary in any respect to the order as so varied.

(e) On an appeal under this section the order may be confirmed, revoked or varied or, in the case of an order to destroy, an order to repair may be substituted therefor.

The decision upon the appeal shall be final and conclusive and shall be deemed for all purposes of this Act to be the order of the inspector by whom the order appealed against was made.

(f) Where an appeal is lodged under this subsection, no person shall be liable under this Act for any failure to comply with the order appealed against during the period from the making of the order to the determination of the appeal.

(3) Anything seized under this section shall be· deemed to be forfeited to His Majesty and shall be dealt with as directed by the Chief Inspector.

( 4) Any and every owner shall comply in every respect with an order given to him under this section.

Inserted by Act of 1951, 15 Geo. 6 No. 30, s. 9; as amended by Act of 1955, 4 Eliz. 2 No. 3, s. 4; Act of 1959, 8 Eliz. 2 No. 1, s. 7; Act of 1960, 9 Eliz. 2 No. 35, s. 8.

Clerk of petty sessions, petty sessions district-Now clerk of the court, Magistrates Court District; see Justices Acts Amendment Act of 1964, s. 2.

13. License to scaffolder. ( 1) No person shall be employed or act in the capacity of scaffolder in charge of erection or demolition of any scaffolding or gear for use in connection with any building work or excavation work, the installation or dismantling of machinery, plant or equipment, or the erection or demolition of stacks of timber, goods or materials, exceeding, in the case of a wooden dwelling-house, one storey high or exceeding, in any other case, fourteen feet high, unless he is the holder of a license under this Act as a scaffolder.

(2) Any person who acts in the capacity of scaffolder in charge of tlJe erection or demolition of any scaffolding or gear for use in connection

" any building work or excavation work, the in&tallation or dismantling

··-;uery, plant or equipment, or the erection or demolition of stacks

"Ods or materials, exceeding, in the case of a wooden dwelling-

'v high or exceeding, in any other case, fourteen feet high,

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(15)

12 ss.13A, 13B INSPECTION OF SCAFFOLDING ACTS, 1915 TO 1966 and every person who employs such person in such capacity unless such person is the holder of such license as a scaffolder, shall be liable to a·

penalty not exceeding ten dollars for every day or part of a day during which he so acts.

( 3) An owner or other person whomsoever who does not himself hold a license under this Act as a scaffolder shall not-

( a) Require the person licensed under this Act as a scaffolder who is in charge of the erection or demolition of any scaffolding or gear specified in this section, to do or to refrain from doing with respect to that scaffolding or gear or the erection or demolition thereof any act, matter or thing which in the opinion of that licensed person, would, in relation to that scaffolding or gear, be unlawful under this Act; or

(b) At any time when any scaffolding or gear specified in this section remains erected or is in use do, or permit or allow to be done with respect to that scaffolding or gear or any of its structural members any act, matter or thing whereby the construction of that scaffolding or gear as originally erected is altered, interfered with or affected in any way whatsoever.

As amended by Act of 1951, 15 Geo. 6 No. 30, s. 10; Act of 1959, 8 Eliz .. 2 No. 1, s. 8; Act of 1960, 9 Eliz. 2 No. 35, s. 9.

Decimal currency reference substituted pursuant to section 7 of Decimal Currency Act of 1965.

13A. Builder's hoist drivers. ( 1) A person, other than a holder of a license as a hoist driver, shall not be in charge of or operate a builder's hoist at any time when that builder's hoist is being used for or in connection with any building work or excavation work, the installation or dismantling of machinery, plant or equipment, or the erection or demolition of stacks of timber, goods or materials.

(2) A person shall not employ, permit, or allow a person, other than a holder of a license as a hoist driver, to be in charge of or to operate a builder's hoist at any time when that builder's hoist is being used for or in connection with any building work or excavation work, the installation or dismantling of machinery, plant or equipment, or the erection or demolition of stacks of timber, goods or materials.

( 3) Any person who contravenes this section shall be guilty of an offence and liable to a penalty not exceeding ten dollars for every day or part of a day during which the contravention is continued.

( 4) (Repealed.)

Inserted by Act of 1959, 8 Eliz. 2 No. 1, s. 9; as amended by Act of 1960, 9 Eliz. 2 No. 35, s. 10; Act of 1963, No. 15, s. 3.

13B. Dogmen. ( 1) A person, other than the holder of a license, shall not act as a dogman.

(2) A person shall not employ, permit or allow a person, other than the holder of a license, to act as a dogman.

(3) Any person who contravenes this section shall be guilty of an offence and liable to a penalty not exceeding ten dollars for every day or part of a day during which the contravention is continued.

Inserted by Act of 1959, 8 Eliz. 2 No. 1, s. 9; as amended by Act of 1963, No. 15, s. 4.

(16)

INSPECTION OF SCAFFOLDING ACTS, 1915 TO 1966 s.l3C 13 13c. ( 1) Subject to this Act, the Chief Inspector shall have power to grant licenses under this Act.

(2) The Chief Inspector shall have power to grant the following licenses:-

((\.) Dogman;

(b) Hoist driver;

(c) Scaff older; or

(d) Any other prescribed license.

( 3) Any such license may be granted subject to terms and coifdifiuli1,S.

( 4) Every application for a license shall be made to the Chief Inspector in the manner and in the form prescribed.

(5) A person shall be entitled to be granted by the Chief Inspector, and the Chief Inspector shall grant to a person, any license under this Act if, but only if, that person proves to the satisfaction of the Chief Inspector-

(i) That he is not less than eighteen years of age;

( ii) That he is not subject to deafness, defective sight, epilepsy or other physical infirmity which might render him unfit to perform his duties as the holder of the license for which he has made application; ·

(iii) That he is trustworthy and competent to perform his duties as the holder of the license for which he has made application;

and

that person has paid the fee prescribed in respect of that license.

( 6) The onus of satisfying the Chief Inspector in every respect that he is entitled under this Act to any license shall lie upon the applicant therefor and the Chief Inspector shall not grant such a license until he is so satisfied.

(7) (a) Where it appears to the Chief Inspector that the holder of a license granted under this Act is guilty of any offence under this Act, or of misconduct, or inefficiency, or has developed any symptom of deafness, defective sight, epilepsy or other physical infirmity which would render him unfit to efficiently perform his duties as such holder, the Chief Inspector may call upon him to show cause why his license should not be cancelled.

(b) The Chief Inspector may, if such holder fails to show cause as aforesaid to his satisfaction, suspend his license for such period as the Chief Inspector thinks fit, or cancel such license.

(c) Cause as aforesaid may be shown in writing but the Chief Inspector shall not cancel or suspend under this section any license unless and until the holder thereof has been given by him opportunity to appear in person before the Chief Inspector and to be heard.

( 8) Any person who is dissatisfied with the decision of the Chief Inspector to refuse to grant any license specified in this section or to suspend or cancel any such license may appeal to the Minister.

The decision appealed against shall be of force and effect until the Minister makes his decision upon the appeal.

The Minister may affirm, rescind or vary the decision of the Chief Inspector, and the decision of the Minister shall be final and conclusive and shall be deemed for all purposes of this Act to be the decision of the Chief Inspector.

Inserted by Act of 1959, 8 Eliz. 2 No. 1, s. 9; as amended by Act of 1963, No. 15, s. 5.

(17)

14 ss. 14-15 INSPECTION OF SCAFFOLDING ACTS, 1915 TO 1966

14. General liability of owner. Every owner of scaffolding or gear or an explosive-powered tool or materials used in connection with excavation·

work-

(a) Shall at all times keep, erect or assemble, and use that scaffolding or gear or explosive-powered tool or materials used in connection with excavation work in compliance in every respect with the requirements of this Act; and (b) Shall comply in every respect with any lawful order or

request made by any inspector with respect to that scaffolding or gear or explosive-powered tool or materials used in connection with excavation work.

14A. Notice of hiring, etc., of scaffolding, etc. Where the owner thereof lets, hires, lends, parts with possession for valuable consideration, or otherwise in any manner whatsoever disposes of any scaffolding, gear or explosive-powered tool he shall, within twenty-four hours thereafter, give to an inspector at his office or usual place of residence notice in writing thereof specifying the full name, description and address of the person to whom such scaffolding, gear or explosive-powered tool was so let, hired, lent, parted with possession or disposed of otherwise, or, in any case of such a parting with possession or disposal otherwise than to another person, specifying the manner in which he effected such parting with possession or disposal.

Any owner who fails to give any such notice as aforesaid shall be guilty of an offence against this Act.

Inserted by Act of 1959, 8 Eliz. 2 No. 1, s. 11.

15. Inspector to be notified of accident. lb. s. 50. (1) (a) Where by reason of an accident caused by scaffolding, gear, materials used in connection with excavation work or any explosive-powered tool, loss of life or serious bodily injury to any person occurs, the owner of the scaffolding, gear, materials used in connection with excavation work or explosive-powered tool, as the case may be, shall, within four hours after the occurrence, send notice to the inspector at his office or usual place of residence, specifying the cause of the accident, and the name and residence of every person killed or so injured.

(b) Every owner who fails to send such notice shall be guilty of an offence against this Act and shall be liable to a penalty not exceeding one hundred dollars.

(2) Notwithstanding any other provision of this Act, a person shall not alter, repair, demolish, move or otherwise interfere with the scaffolding, gear, materials used in connection with excavation work or explosive- powered tool, or any part thereof, involved in the accident, or cause, permit or allow the doing of any such act unless and until he has obtained the permission of the inspector so to do.

Penalty: Two hundred dollars.

( 3) Any inspector may make such inquiry as he deems necessary, and shall make such inquiry as may be directed by the Chief Inspector, with respect to an accident as aforesaid.

(18)

INSPECTION OF SCAFFOLDING ACTS, 1915 TO 1966 s.16 15 Every person thereunto required by an inspector shall give to that inspector all such information with respect to an accident as aforesaid as it is in his power to so give and shall answer all relevant questions concerning the accident put to him by the inspector.

A person shall not give to an inspector any such information or answer which is false or misleading in a material particular.

As amended by Act of 1951, 15 Geo. 6 No. 30, s. 12; Act of 1959, 8 Eliz. 2 No. 1, s. 12; Act of 1960, 9 Eliz. 2 No. 35, s. 12.

Decimal currency references substituted pursuant to section 7 of Decimal Currency Act of 1965.

16. Inquiry into cause of accident. lb. s. 51. ( 1) In the event of an accident happening to scaffolding or gear or with respect to any explosive- powered tool or materials used in connection with excavation work or where any loss of life or serious bodily injury has occurred as in the last preceding section mentioned, the Minister may direct an inquiry to be held before a court, consisting of a police magistrate and, if the Minister thinks fit, a person skilled in the use and construction of scaffolding or gear, materials used in connection with excavation work or explosive-powered tools.

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

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

( 4) Every such inquiry shall be held publicly, in such manner and under such conditions as the court thinks most effectual for ascertain- ing the causes and circumstances of such accident, and for enabling the court to make the report hereinafter mentioned.

(5) The fact of a person acting at such inquiry shall be sufficient evidence of his authority so to do.

( 6) The court shall have, for the purpose of such inquiry and the summoning and examination of witnesses thereat, all the powers which are possessed by any two justices in the case of summary proceedings upon complaint.

(7) The court or some person appointed by it may enter and inspect any place the entry or inspection whereof appears to the court to be requisite.

( 8) The court shall report to the Minister as far as possible the causes of the accident, and the circumstances attending the same, adding thereto such observations as it thinks fit.

(9) Every person summoned shall be allowed such expenses as would be allowed to a witness attending on subprena before a court of petty sessions: Provided that the court in its discretion may disallow in whole or in part the expenses of any such person.

(10) The court may make such order as it thinks fit respecting the payment of the costs and expenses of the inquiry, and such order may, on the application of any party entitled to the benefit of the same, be enforced in a summary way by complaint under "The Justices Acts,

1886 to 1909."

(19)

16 ss. 17-20 INSPECTION OF SCAFFOLDING ACTS, 1915 TO 1966 ( 11) Any costs and expenses ordered by the court to be paid b' the Minister, and any remuneration paid to persons forming the court, shall be paid out of moneys provided by Parliament for the purposes of this Act.

Act referred to:

Justices Acts, 1886 to 1965.

17. Limitation of preceding sections. 8 Edw. 7 No. 9 s. 49. The provisions of the two last preceding sections do not apply to any mine subject to "The Mining Act of 1898" or any Act amending or in substitution for that Act.

Act referred to:

Mining Acts, 1898 to 1967.

18. No contracting out. lb. s. 64. No owner of scaffolding or gear or materials used in any excavation work or explosive-powered tools shall contract with any employee against any liability under this Act.

19. Abstract of Act, etc., to be posted up. lb. s. 65. Every owner of scaffolding or gear or materials used in any excavation work or explosive-powered tools shall cause to be affixed and maintained in such place or places as the inspector directs the prescribed abstracts of this Act, and in default of so doing shall be liable for a first offence to a penalty not exceeding four dollars, and for a second or subsequent offence to a penalty not exceeding ten dollars.

20. Service of documents. ( 1) A notice, order or other document empowered, authorized or required by a provision of this Act to be served upon, or given or delivered to, an owner, occupier or other person by the Chief Inspector or any other inspector may be so given, delivered or served-

( a) By delivering the same to that owner, occupier, or other person (or his manager, foreman or agent) personally;

(b) By prepaid post letter containing that notice, order or other document and addressed to that owner or occupier or person at his business or residential address, in which case it shall be deemed to be so served, given or delivered upon the receipt by that person of that letter;

(c) By prepaid registered letter containing that notice, order or other document and addressed as aforesaid, in which case the production in evidence of the proper receipt from a post office for that letter shall, until the contrary is proved, be sufficient proof that it was so served, given or delivered upon the date when that letter would have been received by the person concerned in the ordinary course of post; or (d) By affixing that notice, order or other document to the door or some other conspicuous part of the place, or as the case may be, scaffolding or gear or materials used in connection with excavation work or explosive-powered tool to which it relates.

(20)

INSPECTION OF SCAFFOLDING ACTS, 1915 TO 1966 ss. 21-24 17 (2) An owner or his manager, foreman or agent shall, if thereunto required by an inspector, acknowledge, by signing a duplicate copy thereof, a notice, order or other document under this Act requiring that owner to do or to refrain from doing any act, work or thing relating to any scaffolding or gear or materials used in connection with excavation work or explosive-powered tool and served upon, or given or delivered to that owner by that inspector.

21. Forgery of certificates or licenses, false entries, and false declarations.

( 1) A person shall not-

(i) Forge or counterfeit any certificate or license required by, under, or for any purpose of this Act; or

(ii) Knowingly utter or make use of any such certificate or license so forged or counterfeited; or

(iii) Knowingly utter or make use of as applying to any person any such certificate or license which does not so apply; or (iv) Personate any person named in any such certificate or license;

or

(v) Falsely pretend to be an inspector; or

(vi) Connive at any such forging, counterfeiting, uttering, making use, personating, or pretending as aforesaid; or

(vii) Make a false entry in any register, book, record, notice, list, certificate, license, or document required by, under, or for the purposes of this Act to be kept, held, exhibited, or delivered, served, or sent; or

(viii) Make or sign a false declaration required by, under, or for any purpose of this Act; or

(ix) Knowingly make use of any such false entry or declaration as aforesaid.

(2) Any person guilty of an offence against this section shall be liable to a penalty of not more than two hundred dollars or to imprison- ment, with or without hard labour, for any period not exceeding six months.

Substituted by Act of 1951, 15 Geo. 6 No. 30, s. 17.

22. (Repealed.)

Repealed by Act of 1951, 15 Geo. 6 No. 30, s. 18.

23. (Repealed.)

Repealed by Act of 1959, 8 Eliz. 2 No. 1, s. 17.

24. Liabilities of owners. ( 1) Where, with respect to any scaffolding or gear or explosive-powered tool or excavation work, an act, matter or thing required by a provision of this Act to be done is omitted to be done or an act, matter or thing the doing of which is prohibited by a provision of this Act is done, then the owner shall be deemed to have omitted to do the act, matter or thing so required to be done or, as the case may be, to have done the act, matter or thing so prohibited from being done, and shall be liable to be charged and, upon conviction, punished therefor as an offence by him under this Act except in the case of such a provision which specifies that some person other than the owner is thereby required or prohibited as aforesaid:

(21)

18 s. 24 INSPECTION OF SCAFFOLDING ACTS, 1915 TO 1966

Provided that where an offence under this Act with respect to scaffolding or gear or an explosive-powered tool or excavation work is committed under such circumstances that any owner under and within the meaning of this Act of that scaffolding or gear or explosive-powered tool or excavation work did not know, and could not by the exercise of due diligence have known, of the commission thereof, then that owner shall not be liable to be punished for that offence unless when it was committed the scaffolding or gear or explosive-powered tool or excavation work in question was under his immediate power and control or unless that owner is liable under subsection two or subsection three of this section:

Provided further that a lessor, hirer, lender, or mortgagee of any scaffolding or gear or explosive-powered tool or materials used in connection with excavation work shall not be liable to be punished for an offence under this Act with respect to that scaffolding or gear or explosive-powered tool or materials used in connection with excavation work unless when that offence was committed he was in actual possession of that scaffolding or gear or explosive-powered tool or materials used in connection with excavation work or it was under his immediate power or control, or unless he is liable under subsection three of this section.

The term "immediate power or control" means, in relation to any of the persons specified in the foregoing provisoes to this subsection, that the scaffolding or gear or explosive-powered tool or materials used in connection with excavation work in question was at the relevant time being worked or used by that person personally, or by any of his agents, employees or workmen, or by another person or other persons under his orders or directions and for his sole or joint benefit or profit.

(2) Nothing in this section shall exempt or be deemed to exempt any body corporate from liability under this Act by reason only that any scaffolding or gear or explosive-powered tool or excavation work 01

materials used in connection with excavation work is under the control of any directors, secretary, manager, or other person elected or employed by that body corporate for the benefit of or on behalf of that body.

(3) Nothing in this section shall exempt or be deemed to exempt from any liability under this Act with respect thereto any owner of scaffolding or gear or materials used in connection with excavation work or an explosive-powered tool used or worked (whether by that owner or by any other person whomsoever) in or for any purpose of carrying out any building work, excavation work, the installation or dismantling of machinery, plant, or equipment, or the erection or demolition of stacks of timber, goods, or materials or, in the case of an explosive-powered tool, any other work whatsoever which that owner shall have contracted to do.

For the purposes of this Act any person who shall have contracted to carry out any building work, excavation work, or the installation or dismantling of any machinery, plant, or equipment, or the erection or demolition of any stacks of timber, goods, or materials and who owns or who shall have supplied any of the materials or things comprised in any scaffolding or, in the case of any excavation work, materials used in connection therewith used in or for any purpose of carrying out that which he has contracted to do shall be deemed to own that scaffolding or those materials and, with respect thereto, shall be subject to any and every liability imposed by this Act upon an "owner" of scaffolding.

(22)

INSPECTION OF SCAFFOLDING ACTS, 1915 TO 1966 s. 25 19

( 4) Where a contravention of or failure to comply with a provision of this Act for which an owner or occupier is liable under that provision or under a provision of this section is in fact the act or omission of some agent, employee, worker or other person, that owner or occupier shall, notwithstanding any instruction or limitation of authority be Jeemed to have committed that offence and shall be liable accordingly:

Provided that nothing in this subsection shall limit or affect the liability of the person who actually committed the offence.

25. ( 1) Offences. Any person who contravenes or fails to comply with any provision of this Act shall be guilty of an offence.

(2) General penalty. Any person guilty of an offence against any provision of this Act shall be liable, if no specific penalty is provided for that offence, to a penalty not exceeding one hundred dollars.

If default in complying with any lawful order of an inspector under this Act is continued by any person who has been convicted of the offence of failing to comply with that order, that person shall be deemed to commit a continuing offence, and shall be liable to a penalty of not more than ten dollars for each and every day during which that offence is continued.

( 3) Summary proceedings. All offences against this Act may be prosecuted and all amounts of fees payable under this Act and not paid may be recovered in a summary way under "The Justices Acts, 1886 to 1949," on complaint by any person authorized by the Minister or by the Chief Inspector.

( 4) Time for commencement of prosecutions. A prosecution for an offence against this Act may be instituted at any time within twelve months after the commission of the offence or within four months after the commission of the offence comes to the knowledge of the complainant, whichever is the later period.

(5) Upon convicting any owner for an offence under this Act in relation to any scaffolding or gear or explosive-powered tool or materials used in connection with any excavation work, the adjudicating court may order that scaffolding or gear or explosive-powered tool or those materials to be forfeited to His Majesty.

Scaffolding or gear or explosive-powered tools or materials forfeited to His Majesty by order as aforesaid shall be dealt with as prescribed or, in so far as not prescribed, directed by the Chief Inspector.

(6) In any proceeding on a complaint any order which the court is empowered to make may be made without an application or complaint being made in respect thereof, notwithstanding anything to the contrary in this or any other Act.

Act referred to:

Justices Acts, 1886 to 1965.

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THE

INSPECTION OF SCAFFOLDING ACTS, 1915 TO 1966

REGULATIONS

INDEX

TABLE OF CONTENTS

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INSPECTION OF SCAFFOLDING ACTS, 1915 to 1966

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