Construction Safety Act Amendment Act 1975 (Qld)

420 ANNO VICESIMO QUARTO ELIZABETHAE SECUNDAE REGINAE No. 33 of 1975 An Act to amend the ConstructionSafety Act 1971-1973 in certain particulars [ASSENTED TO 17TH SEPTEMBER, 1975] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled , and by the authority of the same , as follows: - 1. Short title and citation . (1) This Act may be cited as the Construction Safety Act Amendment Act 1975. (2) The Construction Safety Act 1971-1973 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the ConstructionSafety Act1971-1975.

Construction Safety Act Amendment Act 1975, No. 33 421 2, Amendment of s . 4. Section 4 of the Principal Act is amended by omitting subsection ( 1) and substituting the following subsection:- " (1) Save as is otherwise provided in this section , this Act applies to and in relation to- (a) all construction work and all persons engaged therein, and all persons associated therewith in a manner prescribed ; (b) all construction equipment; (c) all materials made or being made at any place for use in construction work.". 3. A mendment of s. 6. Section 6 of the Principal Act is amended by- (a) in the definition " building or structure " omitting the words " and floating structure " and substituting the words " floating structure, and tunnelling "; (b) in the definition " construction work "- (i) omitting the word " and "; (ii) inserting after subparagraph ( d) the following subparagraph:- " and (e) the installation and dismantling of machinery, plant and equipment: the term does not include the installation of telephone equipment, carpeting of floors, erection or maintenance of electric lines on poles , maintenance of electric lines on towers or laying of railway lines; "; (c) inserting after the definition " constructor " the following definition:- " " crane chaser " means a person who slings or directs the movement of loads handled by a crane on a project where such loads are generally in full view of the driver of the crane; "; (d) in the definition " dogman " omitting the word " and " and substituting the word " or "; (e) in the definition " gear " , adding at the end thereof the following words " : the term includes an attachment or insert fitted to or cast in a precast unit for use in lifting and placing that unit in the course of construction work; "; (f) in the definition " Minister ", omitting the words " Labour and Tourism " and substituting the words " Labour Relations and Consumer Affairs ".

422 construction Safety Act Amendment Act 1975, No. 33 4. Amendment of s. 14. Section 14 of the Principal Act is amended by- (a) omitting subparagraphs (a) and (b) and substituting the following subparagraphs:- (aa)) at any reasonable hour by day or night enter and remain upon- (i) any site or place wherein he reasonably suspects that construction work is being or is about to be performed ; (ii) any place wherein he reasonably suspects that construction equipment is being made, stored, sold, let or hired, lent or otherwise disposed of; (iii) any place wherein he reasonably suspects that material is being or has been made for use in construction work and to or in which is to be attached or inserted gear of any kind; or (iv) any place wherein he reasonably suspects that material of any other kind is being or has been made for use in construction work; (b) inspect- (i) all construction work; (ii) all construction equipment; (iii) all material that is being or has been made for use in construction work and to or in which is or is to be attached or inserted gear of any kind; and (iv) all material of any other kind that is being or has been made for use in construction work, and make such other examination or inquiry as he considers necessary, to establish whether the provisions of this Act are being complied with and whether safe practices are observed in respect of such work, equipment or material;"; (b) in subparagraph (c), omitting the words " such work and make therefrom such copies and extracts as he desires " and substituting the following words:- (i) construction work; (ii) construction equipment; (iii) material that is being or has been made for use in construction work and to or in which is or is to be attached or inserted gear of any kind; or (iv) material of any other kind that is being or has been made for use in construction work, and make such copies thereof or extracts therefrom as he desires ";

Construction Safety Act Amendment Act 1975 , No. 33 423 (c) omitting subparagraph (d) and substituting the following subparagraph:- (dd)) require any person who appears to the inspector to be in charge of- (i) a project at any site; (ii) any place wherein construction equipment is being made, stored, sold, let or hired, lent or otherwise disposed of; (iii) any place wherein material that is being or has been made for use in construction work and to or in which is or is to be attached or inserted gear of any kind; or (iv) any place wherein material of any other kind is being or has been made for use in construction work, to do all such acts as may assist the inspector in the discharge of his functions or the exercise of his powers under this Act;". 5. New s. 22A. The Principal Act is amended by inserting after section 22 the following section :- " 22A. Absolute liability of constructor etc. The person on whom a duty is cast by section 20, 21 or 22 is liable for a breach of that duty notwithstanding that the act or omission that evidences a failure to perform that duty is the act or omission of another person or that the act or omission is contrary to his instructions and in relation to such breach of duty sections 23 and 24 of The Criminal Code do not apply.". 6. Amendment of s. 25. Section 25 of the Principal Act is amended by- (a) in subsection (1), inserting after the word " directions " where it first occurs the words " verbally or "; (b) inserting after subsection. (1) the following subsection:- (2) If it appears to an inspector- (a) that there is in any place- (i) material that is being or has been made for use in construction work and to or in which is or is to be attached or inserted gear of any kind; (ii) material of any other kind that is being or has been made for use in construction work; or (iii) construction equipment that is being stored, sold, let or hired, lent or otherwise disposed of, and that gear is being or has been attached or inserted otherwise than in accordance with a standard prescribed or a standard approved by the Chief Inspector or that material or that construction equipment is not of a description and a standard prescribed or approved by the Chief Inspector; or

424 Construction Safety Act Amendment Act 1975, No. 33 (b) that the use or operation of material or construction equipment referred to in subparagraph (a) is likely to cause loss of life or serious bodily injury to any person or damage to property, he shall give to the owner, or person in charge of that place directions verbally or in writing to do such things as the inspector considers necessary to secure compliance with this Act or, as the case may be, to avoid the likelihood of such loss of life, injury or damage, and the inspector shall therein specify a time within which the directions are to be complied with."; (c) renumbering the present subsection (2) as subsection (3) and in subsection (3) as so numbered, omitting the words " Subsection (1) of this section does " and substituting the words " Subsections (1) and (2) do ". 7. Amendment of s. 26 . Section 26 of the Principal Act is amended by- (a) inserting after the words " employer concerned " the words " or to the workman "; (b) omitting the words " and to the workman "; (c) inserting after the word " directions " where it first occurs the words " verbally or ". 8. Amendment of s. 27. Section 27 of the Principal Act is amended by inserting after the word " directions " where it first occurs the words " verbally or ". 9. Repeal of and n e w s. 28 . The Principal Act is amended by omitting section 28 and substituting the following section:- " 28. Inspector's powers to seize scaffolding , etc. appears to an inspector that- (a) any construction equipment; (1) If it (b) any material that is being or has been made for use in construction work and to or in which is or is to be attached or inserted gear. of any kind; or (c) material of any other kind that is being or has been made for use in construction work, is so defective as to be likely to cause loss of life, serious bodily injury or damage to property or is not of a description and of a standard prescribed or approved by the Chief Inspector, he may seize the equipment or material or the part thereof (according as the inspector deems sufficient) that is defective or is not of a description and of a standard prescribed or approved and for that purpose may dismantle the equipment or material or cause the same to be dismantled and may give such directions as he sees fit to any person to enable the equipment or material to be dismantled. (2) A person required by an inspector to dismantle any construction equipment or material for the purposes of this section of who is directed by an inspector to take any other action for the purposes of this section shall comply with the requisition or direction forthwith.".

Construction Safety Act Amendment Act 1975, No. 33 425 10. Amendment of s. 29. Section 29 of the Principal Act is amended by- (a) in subsection (1), inserting after subparagraph (c) the following subparagraph :- " (d) to refrain from selling, letting or hiring, lending or otherwise disposing of material or construction equipment in respect of which the directions are given "; (b) omitting subsection (2) and substituting the following subsection:- (2) If it appears to an inspector that- (a) any construction equipment; (b) any material that is being or has been made for use in construction work and to or in which is or is to be attached or inserted gear of any. kind; or (c) material of any other kind that is being or has been made for use in construction work, is so defective as to be likely to cause loss of life or"serious bodily injury to any person or damage to property he may give a direction in writing or verbally to the person whose property it is to destroy the equipment or material or the part thereof (according as the inspector deems sufficient) that is defective and he shall therein specify a time within which the direction is to be complied with.". 11. Amendment of s. '34 . Section 34 of the Principal Act is amended by- (a) in the note appearing in and at the beginning of the section ir,'serting after the words " Revocation of " the words " or enlargement of time in "; (b) adding at the end of the section the words " or enlarge the time specified in any direction so given ". IZ Amendment of s. 41. Section 41 of the Principal Act is amended by omitting subsection (1) and substituting the following subsection:- "'(1) A constructor, sub-contractor or employer shall, before commencing construction work that is notifiable work, where- (a) the method by which the work is to be done is not prescribed; or (b) any construction equipment to be used for or in connexion with the work is not of a description and a standard prescribed or approved by the Chief Inspector, apply in writing to the Chief Inspector to approve of the proposed method of work or, as the case may be, the equipment proposed to be used.". 13. A mendment of s . 51. Section 51 of the Principal Act is amended by- (a) in subsection ( 1), subparagraph (a), (i) omitting the word " or " where it secondly occurs; (ii) inserting after provision ( v) the following provision:- " (vi) crane chaser; or "; 15

426 Construction Safety Act Amendment Act 1975. No. 33 (iii) renumbering the present provision (vi) as provision (vii); (b) in subsection (2), (i) omitting subparagraph (a) and substituting the following subparagraph:- (a) the engagement of a person who is not the holder of a certificate of competency as a scaffolder in the erection or demolition of scaffolding (except where the scaffolding is constructed of the tube and coupler type) or gear in the case of- (i) a wooden dwelling-house of not more than one storey in height; or (ii) any other building or structure where a person is likely to fall not more than 4.5 metres from the working platform of the scaffolding; "; (ii) in subparagraph (b), (A) omitting the words " the engagement of, competent workmen," and substituting the words " the engagement of holders of learners' permits," ; (B) omitting the words " has charge of the assistants " and substituting the words " supervises the permit holders at all times ". 14. Amendment of s. 53. Section 53 of the Principal Act is amended by, in subsection (1), omitting the words " shall, while he is so engaged, be under the charge of a person who " and substituting the words " shall at all times, while he is so engaged, be under the supervision of a person who is present on the site and ". 15. Amendment of s. 58 . Section 58 of the Principal Act is amended by- (a) in the- note appearing in and at the beginning of the section inserting after the word " Officer " the words " and assistants "; (b) inserting after subsection (1) the following subsection:- :" (LA) The Chief Inspector may in relation to any construction work, where he considers it necessary to do so, give directions to the constructor to appoint one or more persons, as specified in the directions, to be assistants to the Project Safety Officer. Any person so appointed shall perform such duties as the Chief Inspector directs.". 16. Amendment of s. 64 . Section 64 of the Principal Act is amended by, in subsection (1)- (a) in subparagraph (f), inserting after provision (ii) the following provision:- (iiiiii) ) the giving to an inspector of notice of intention to erect or use construction equipment;"; (b) in subparagraph (g), omitting the words " asbestos cement or other brittle material " where they occur in provision (i) and substituting the words " sheathing of any kind "; (c) inserting after subparagraph (g) the following subparagraph:- " (ga) Inspection and registration . Providing for and regulating the inspection and registration of construction equipment;".

Construction Safety Act Amendment Act 1975, No. 33 427 17. Amendment of s. 70. Section 70 of the Principal Act is amended by, in subsection (4), omitting the words " the Chief Inspector " where they firstly occur and substituting the words " an inspector ". 18. New s. 74A. The Principal Act is amended by inserting after section 74 the following section:- " 74A. Liability for offence by body corporate . Where an offence against any provision of this Act is committed by a body corporate, every person who is a member of the governing body of such body corporate shall be deemed to have committed the offence and may be prosecuted in respect of the offence in question unless he proves that he had no knowledge of the commission of the offence at the time of its commission and could not, by the exercise of reasonable diligence, have prevented the commission of the offence. This section applies so as not to limit or affect the liability of a body corporate to be proceeded against and punished for an offence against this Act committed by it.".