Construction Safety Act Amendment Act 1987 (Qld)

554 Q ue e nst nb ANNO TRICESIMO SEXTO ELIZABETHAE SECUNDAE REGINAE No. 48 of 1987 An Act to amend the ConstructionSafety Act 1971- 1985 in certain particulars [ASSENTED TO 14TH SEPTEMBER, 1987]

Construction Safety Act Amendment Act 1987, No. 48 555 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 . This Act may be cited as the Construction Safety Act Amendment Act 1987. 2. Commencement . (1) Subject to subsection (2), this Act shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Sections 4, 5, 7, 8, 9 and 14 shall commence on a day appointed by Proclamation. 3. Citation . (1) In this Act the Construction Safety Act 1971-1985 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Construction Safety Act 1971-1987. 4. Amendment of s. 5 . Arrangement of Act. Section 5 of the Principal Act is amended by- (a) omitting all words from and including the words "(ss. 20-66);" to and including the words "(ss. 20-23);" and substituting the following words:- " (ss. 19A-66); Division I-Duties of Owner, Constructor, Sub-Contractor, Employer and Workman (ss. 19A-23);"; (b) inserting before the words "Notifiable Work" the words "Prescribed and Approved Methods of Work and". 5. Amendment of s. 6. Definitions . Section 6 of the Principal Act is amended by- (a) in the definition "construction work", omitting from paragraph (e) the words " and dismantling " and substituting the words ", dismantling, repair, maintenance or alteration"; (b) omitting the definition "constructor" and substituting the following definition:- " "constructor", used in respect of a project, means the person who, pursuant to section 19B, is the constructor of the project;"; (c) at the end of the definition "project", omitting the expression ", •" and substituting the following expression and words:- ,, : provided that where the area notified by the owner under section 19A in respect of construction work overlaps any other area so notified by that owner in respect of construction work, the project shall consist of the combined plans or schemes relating to that construction work, including the product of those plans or schemes;".

556 Construction Safety Act Amendment Act 1987, No. 48 6. Amendment of s. 14. General powers of inspectors . Section 14 of the Principal Act is amended by inserting after paragraph (c) the following paragraphs:- "(ca) for the purpose of carrying out his functions under this Act require the owner or constructor of any project or any sub- contractor or employer engaged in respect of a project (whether or not the project has been completed) to produce for his inspection (at such time and place as may be specified by the inspector) all contracts and other documents relevant to the carrying out of the project; (cb) take such copies of and extracts from contracts or other documents produced for his inspection pursuant to paragraph (ca) as he desires;". 7. Amendment of heading . The Principal Act is amended in the Division heading preceding section 20 by inserting after the words "Duties of' the words "Owner,". 8. New ss. 19A and 19B . The Principal Act is amended by inserting after the heading "Division I-Duties of Owner, Constructor, Sub- Contractor, Employer and Workman" the following sections:- "19A. Duties of owner. At least 24 hours before construction work commences in respect of a project, the owner of the project shall- (a) give notice in writing to the Chief Inspector of the boundaries of the area (described in a manner approved by the Chief Inspector) on which the construction work is to be performed; and (b) where he has appointed a person as constructor of the project pursuant to section 19B (1), lodge with the Chief Inspector the instrument of appointment. 19B. Constructor of project . (1) For the purposes of this Act, the constructor of a project shall, subject to subsections (2) and (3), be- (a) a person appointed by instrument (in a form approved by the Chief Inspector) by the owner to be the constructor; or (b) where no appointment is made pursuant to paragraph (a), the owner. (2) If a person appointed as constructor of a project ceases to perform the functions or duties of constructor, the Chief Inspector may approve the appointment by the owner of another person as constructor and, until such an appointment is approved, the owner of the project shall be deemed to be the constructor from the time the person first appointed as constructor ceases to perform those functions or duties.

Construction Safety Act Amendment Act 1987, No. 48 557 (3) Where the owner of a project is, pursuant to paragraph (b) of subsection (1), also the constructor of the project, the Chief Inspector may approve the appointment by the owner of another person as constructor.". 9. Amendment of s. 20 . Duties of constructor . Section 20 of the Principal Act is amended by adding at the end of the section, after the word "prescribed", the following expression and words:- (1) conspicuously mark the area of the project notified by the owner under section 19A or required by that section to be notified by the owner". 10. Amendment of s. 24. Standard of scaffolding , etc. Section 24 of the Principal Act is amended by adding at the end of the section the following subsection:- "(3) Approval granted by the Chief Inspector for the purposes of this section may be given to an applicant in that behalf or may be given generally by notification published in the Gazette.". 11. Repeal of heading and new heading and section . The Principal Act is amended by omitting the heading "Division III-Notifiable Work" and substituting the following heading and section:- "Division III-Prescribed and Approved Methods of Work and Notifiable Work 36A. Prescribed and approved methods of work. (1) Regulations may be made prescribing the method by which construction work is to be carried out. (2) The Chief Inspector may determine, by notification published in the Gazette, the method for carrying out construction work other than construction work where the method for carrying out the work is prescribed. (3) A constructor, sub-contractor or employer may apply in writing to the Chief Inspector for approval to carry out construction work by a method other than that prescribed or, as the case may be, determined by the Chief Inspector under subsection (2). (4) The Chief Inspector may, if satisfied with the safety measures to apply in connexion with a method of work proposed for approval under subsection (3), grant his approval and may subject his approval to such conditions as he thinks fit. (5) A constructor, sub-contractor or employer shall not carry out construction work where the method by which the work is to be carried out is prescribed or has been determined by the Chief Inspector under subsection (2) other than- (a) in accordance with the prescribed method or, as the case may be, the method determined by the Chief Inspector;

558 Construction Safety Act Amendment Act 1987, No. 48 or (b) where the Chief Inspector has, upon application made to him pursuant to subsection (3), approved another method, in accordance with that method and any conditions to which the grant of approval is subject.". 12. Amendment of s. 41. Approval by Chief Inspector of method of work. Section 41 of the Principal Act is amended by- (a) in subsection (1), adding at the end of paragraph (a), after the word "prescribed", the words "or, as the case may be, has not been determined by the Chief Inspector under section 36A (2)"; (b) omitting from subsection (3) the words "refused to approve" and substituting the words "not approved". 13. Amendment of s. 51 . Restricted employment in certain occupations . Section 51 of the Principal Act is amended by- (a) omitting at the end of subsection (2) the expression "." and substituting the following:- " • or (c) the engagement of a person in construction work ordinarily performed by a worker of a class prescribed by or under subsection (1) that is for the time being declared by the Chief Inspector, of his own motion or upon application made to him by any constructor, sub-contractor or employer, to be construction work in respect of which subsection (1) shall not apply."; (b) adding at the end of the section the following subsections:- "(3) A declaration by the Chief Inspector of construction work to be construction work in respect of which subsection (1) shall not apply- (a) shall be by notification published in the Gazette, if it is made of his own motion; (b) shall be by notice in writing to the applicant, if it is made upon the application of any person; (c) may be in respect of construction work of a particular description generally or in respect of construction work to be performed on a particular site; and (d) may be unrestricted or restricted as to its extent or the circumstances in which the exemption will apply as the Chief Inspector thinks fit. (4) A person who engages in construction work of a type declared by the Chief Inspector to be construction work in respect of which subsection (1) shall not apply and who fails to comply with any restriction to which the declaration is subject commits an offence against this Act.".

Construction Safety Act Amendment Act 1987, No. 48 559 14. Amendment of s. 69. Particular penalty. Section 69 of the Principal Act is amended by inserting in subsection (1), before the expression "20, 21 or 22", the expression "19A,".