Scaffolding and Excavation Act.

Progress, Volume XVIII, Issue 2, 1 October 1922, Page 41

Scaffolding and Excavation Act.

GOVERNMENT PASSES DRASTIC MEASURE.

SAFEGUARDS FOR WORKING AT OVER TWELVE FEET HEIGHTS.

The Scaffolding and Excavation Bill introduced in the House of Representatives early this month by the Minister of Labour (Hon. G. J. Anderson), probably owes its inception to a very serious scaffolding fatality which occurred some months ago in Auckland; because its provisions are much more drastic and comprehensive than those of the Scaffolding Inspection Act of 1908, which it proposes to repeal. The Bill became law on the last day of the session, and we give below a summary of its provisions. The Act will not apply to mines, or coal-mines, or to quarries as defined by the Stone-quarries Act, 1910, or to any ship, boat, or other vessel, or to excavations made by any local authority or public body. The definitions in the Bill are important, as they are exceedingly comprehensive:— “Building-work” means any work in connection with the construction, alteration,), repair, painting, renewal, or demolition of any building: “Scaffolding” means any structure or framework used or intended to be used for the support or protection of workmen engaged in any building-work, and includes any swinging-stage used or intended to be used for any of the purposes aforesaid: “Excavation” means any work in connection with preparing or excavating foundations for buildings, or for sewerage, drainage, gas, water, or electric supply where such work is more than five feet in depth from the top of the excavation. “Gear” includes ladder, plank, rope, fastening, hoist, block, pulley, hanger, sling, brace, bracket, chain, waling, shores, struts, and props used in connection with scaffolding or the timbering of excavations and any appliances used or intended to be used for any purpose instead of scaffolding. INSPECTORS AND THEIR POWERS. Provision is made in the Bill for the appointment of Inspectors, who will enjoy very much wider powers than formerly. No person shall be appointed an Inspector unless he passes such examination as may be prescribed by a representative Board to be set up under regulations to test his

knowledge of the erection and use of scaffolding and building-appliances. Clause 4(1) states that an Inspector may—(a) At any reasonable hour by day or by night enter any building or place wherein is kept or erected any scaffolding, crane, or gear, or any place wherein he has reasonable cause to believe that any scaffolding, crane, or gear is kept or erected, and may then and there inspect such scaffolding, crane, or gear, in order to ascertain whether the provisions of this Act or the regulations thereunder have been or are being complied with: (b) In making such inspection call to his aid any constable or any person that he may think competent to assist him in the execution of his duty: (c) Exercise such other power and authority as may be necessary for carrying this Act into effect. (2) If any person wilfully impedes the Inspector in the exercise of any duty under this Act, such person and all persons aiding and assisting him shall be liable to a line not exceeding twenty pounds. NOTICE TO ERECT SCAFFOLDING. Clause 5 (1) of the Bill states: No person shall (a) In any case involving the risk of a fall of twelve feet or more to any person begin the erection of any scaffolding or do any building work; or (b) Set up or erect any crane; or (c) Make any excavation, without having first notified the Inspector of the time when he intends to begin such work. (2) Such notification shall be in the prescribed form, and shall be delivered at the office of the Inspector at least twenty- hours before the time fixed for beginning such work. (3) Every person who begins such work as aforesaid without having first given such notification, or until such period of twenty-four hours has elapsed, is liable to a fine not exceeding twenty pounds. (4) In any case of emergency arising from damage caused by lightning, explosion, fire, rain, storm, or earthquake it shall not be necessary to allow any period to elapse after giving the notice required by this section.

Clause 6 states:—-No scaffolding exceeding twenty-five feet in height, or any crane, shall be erected or altered, except under the supervision of a person whom an Inspector certifies in the prescribed form to be competent to exercise such supervision. SWINGING STAGES. No person shall use any swinging-stage in connection with building-work until a certificate in the prescribed form authorizing the use of such stage has been issued by an Inspector. INSTRUCTIONS BY INSPECTORS. Wherever it appears to an Inspector—(a) That with regard to any scaffolding, excavation, crane, or any gear used in connection therewith, erected, or used, or in course of being erected, the requirements of this Act or any regulations thereunder are not being complied with; or (h) That the safety of any person would be better ensured by altering the construction of the scaffolding, excavation, crane, or gear; or (c) That any building-work or work in connection with any scaffolding, 'crane, or excavation is being carried on in such a manner as to be dangerous to the workers employed thereon or any other persons,— he may give such directions in writing to the owner or person in charge of the scaffolding, building, excavation, crane, gear, or work as he deems necessary to prevent accidents or ensure compliance with this Act or the regulations thereunder, and such owner or person shall forthwith carry out such direction. POWER TO CONDEMN GEAR. In any case in which the Inspector considers that the use of any scaffolding or crane would endanger the life of any person, or that any gear is unsuitable for use, he may, after making or causing to be made such tests as he thinks fit—(a) Condemn such scaffolding or crane and direct it to be dismantled; or (h) Condemn such gear, either for all purposes under this Act or for such particular purposes as he may indicate; (c) Brand such gear and, in such manner as he thinks fit, cause it to be rendered incapable of being used for any purpose for which it has been condemned; and shall give notice thereof to the owner or person in charge of such scaffolding, crane, or gear, and to such, other persons as he thinks fit. POWER TO APPEAL. Provided that no. gear shall be so rendered incapable of being used until, in the case of an appeal as hereinafter provided, a Magistrate has made an order condemning such gear, or until the period

for appeal has expired without an appeal being lodged. The owner or person in charge of any buildingwork, scaffolding, excavation, crane, or gear in respect of which an Inspector has given any direction or served any notice as aforesaid, may within forty-eight hours of receiving such direction or notice appeal to a Magistrate. Such appear shall be in the prescribed form, and a copy thereof shall be lodged at the office of the Inspector within the time aforesaid: nothing in this section shall authorize any person to continue, pending the hearing of an appeal, any work the cessation of which has been ordered by an Inspector. The Magistrate’s decision is to be final. PENALTIES. Every person commits an offence, and is liable on conviction to a fine not exceeding twenty pounds, who, without lawful excuse—(a) Fails to comply with any direction or order given to him by an Inspector or Magistrate in pursuance of this section; or (b) Uses any scaffolding, crane, or gear for any purpose for which such scaffolding, crane, or gear has been condemned by the Inspector; or, (c) Being a worker, and having knowledge in any manner of any direction or order of an Inspector or Magistrate under this section, does any act or thing that if done by the person to whom such direction or order was given would constitute an offence. NOTICE OF ACCIDENTS. Clause 9 reads:— (1) In every case where there occurs in connection with building-work or work in connection with any scaffolding, crane, or excavation, any accident causing death or serious injury to any person, the person having control or management of such work shall deliver at the office of the Inspector in the prescribed form written notice of such accident. (2) If the said notice is not duly delivered within forty-eight hours after the occurrence of the accident, the person whose duty is was to serve such notice shall be liable to a penalty not exceeding tiventy pounds. (3) For the purpose of this section the expression “serious injury” means any injury that is likely to incapacitate the sufferer from work for at least forty-eight hours. (4) When an accident in connection with any building work or excavation, it shall not be lawful for any person to move or disturb any such scaffolding or gear or do any other act likely to prevent the discovery of the cause of the accident until an Inspector has visited the scene of the accident and authorized work to be resumed.

JOINING DEFENDANTS. Clause 12 is unusual in a Statute, but its importance in a Scaffolding Act will be realised by our readers. It states:— Where any person is charged with an offence the following provisions shall apply:— (a) On the information of the defendant, made before the charge against himself is disposed of, any other person whom he alleges to be the actual offender may be brought before the Magistrate on the same charge, and, to enable both charges to be heard together, the charges against the defendant may be adjourned for such time as the Magistrate thinks reasonable.

(b) If the charges are heard together and the offence is proved, but the Magistrate finds that it was committed in fact by the said other person without the knowledge, consent, or connivance of the defendant, and, further, that the defendant had done all that could reasonably be expected of him to prevent the offence, then the said other person shall be deemed liable, and shall be convicted, and not the defendant.

(c) If, before proceeding against the defendant, the Inspector is satisfied of such person’s liability, he shall proceed first against him instead of against the defendant, whereupon the provisions of the last preceding paragraph shall, with the necessary modifications, apply, and if such other person is convicted (but not otherwise) the defendant shall cease to be liable. Magistrates are to be empowered, in addition to or in lieu of imposing a fine, to order a defendant to do any specified work or to adopt any specified means for the purpose of preventing further such non-observance, land may specify a time within which the order shall be obeyed. MORE REGULATIONS. The Bill proposes to give power by Order in Council, to make regulation for any of the following purposes:— (a) Regulating the erection, use, and maintenance of scaffolding and cranes, and prohibiting the use of any particular kind of crane: (b) Regulating the use of gear, and prohibiting the use of any particular kind of gear; (c) Prescribing examinations for Inspectors: (d) Prescribing forms of certificates and notices and such other forms as may be necessary for the purposes of this Act:

(e) Fixing the fines payable in respect of the breach of any such regulations:

(f) Generally for the purpose of carrying into effect the provisions of this Act.