Inspection of Scaffolding Act Amendment Act 1930 (WA)

No. 13.] Inspection of Scaffolding. [1930.

INSPECTION OF SCAFFOLDING.

21° GEO. V., No. XIII.

No. 13 of 1930.

AN ACT to amend the Inspection of

Scaffolding Act, 1924.

[Assented to 19th November, 1930.]

Council and Legislative Assembly of Western Australia, inBE it enacted by the King's Most Excellent Majesty, byand with the advice and consent of the Legislative

this present Parliament assembled, and by the authority of

the same, as follows

Short tAle, This Act may be cited as the Inspection of Scaffolding

Act Amendment Act, 1930, and shall be read as one with

the Inspection of Scaffolding Act, 1924, hereinafter referred.

to as the principal Act.

Amendment of a. 2. 2. Section two of the principal Act is amended

(a) by deleting the words " ladder, plank " in line one of the definition of " Gear," and inserting in lieu thereof the words " ladder or plank forming part of or used in connection with scaffolding, and any " ; and by adding to the definition of "Gear" the words " used or intended to be used by workmen, or for the support or protection of workmen employed on works, and not being gear which is subject to inspection under the Inspection of Machinery Act, 1921 ;

(b) by inserting in the definition of " Owner," after

the word " scaffolding," the words " or gear " ;

(c) by inserting in the definition of " Place," after the

word " scaffolding," the words " or gear " ;

1930.] Inspection of Scaffolding. [No. 13.

(d) by deleting the definition of " Scaffolding," and

inserting, in lieu thereof, a new definition as

follows :-

" 'Scaffolding' includes

(1) any structure exceeding eight feet from the horizontal base ; and

(2) any swinging stage or stage ; and

(3) any ladder exceeding twenty-five feet in

length used or intended to be used by workmen or for the support or protec- tion of workmen employed on works " ;

(e) by inserting new definitions as follows :-

" Workman " means any person, not being the owner of scaffolding or gear, who is employed or engaged on works for the owner, and in- cludes any overseer or foreman employed by the owner.

The term does not include any person who, being the owner of any premises himself and without the assistance of workmen, carries out works in connection with such premises for his own benefit, or any person who, otherwise than as a servant, agent, or con- tractor, voluntarily and without remuner- ation assists such first-mentioned person in the carrying out of the said works ;

" Works " includes the construction, erection, demolition, alteration, repair, cleaning, painting, and any other kind of work in con- nection with any building, structure, ship, boat, well, and excavations for building operations, but does not include work in connection with mine timbering.

3.    Section seven of the principal Act is amended by Amendment of a. 7.

inserting, after the word " construction," in line four of

subsection one, the words " or use."

4.	Section eleven of the principal Act is amended	Amendment of e.
1/,

(a) by deleting the word "human," in paragraph (a), and inserting the word "the " in lieu thereof, and inserting in paragraph (a), after the word "limb," the words "of any workman employed on the works, whether he is or is not using such

scaffolding or gear" ;

No. 13.] Inspection of Scaffolding. [1930.

(b) by inserting in subsection two, after the word.

" with " in line three, the words " or near " ;

(c) by inserting a new subsection as follows :-

(3a) When it appears to an inspector that the employment of any person on the con- struction, sinking, alteration or repair of any well exceeding a depth of twelve feet below the ground surface level without the use of scaffolding, shoring, tonging and timbering, or any one or more of them, would be dangerous to life or limb, he may, by notice to the owner of such well or his agent or contractor, or to any person employed on such work, direct that scaffolding, shoring, tonging, and timbering, or any one or more of them as specified in the notice, shall be erected or carried out to the satisfaction of the inspector and be used for such work; and unless notice of appeal is given as hereinafter provided, such direction shall forthwith be carried out.

Amendment of

25.  5. Section twenty-five of the principal Act is amended

(a) by inserting in paragraph (c) of subsection two, after the word " or " in line six, the words " the use of " ;

(b) by inserting in paragraph (c1) of subsection two, after the word " scaffolding," the words " or gear."

Amendment of

sohedule. 6. The schedule to the principal Act is amended

(a) by adding to the heading " Inspection of Scaffold- ing," in Part II., the words and Gear " ; and to the subheading " Erection of Scaffolding," in Part II., the words " and use of Gear " ;

(b) by inserting in regulation three of Part II., after the word or," in line one, the word " use " ; and after the word " erect," in line two, the words " or use " ; and after the word " erection " in line three, the words " or use " ;

(c) by inserting before regulation eighteen of Part II.

a subheading as follows :—" Scaffolding or Gear

not otherwise provided for " ; and by inserting

1930.] Inspection of Scaffolding. [No. 13.

in regulation eighteen of Part II., after the word " scaffolding," in line one, the words " or gear " ; and after the word " constructed " in line one, the words " or used " ;

(d) by deleting paragraph one of regulation twenty and inserting a paragraph in place thereof as follows :—

( 1 ) In respect of the inspection of scaffolding and gear, or scaffolding or gear, there shall be paid by the owner thereof to the Chief Inspector forthwith (on completion of the inspection:the following fees, respectively:—

(a) A sum equal to four shillings for every one hundred pounds or portion thereof of the cost or estimated cost of the building, structure, ship, boat, or other work for which the scaf- folding and gear, or scaffolding or gear, is used, where such cost does not exceed ten thousand pounds ; two shillings for every additional one hundred pounds or portion thereof where the cost or estimated cost ex- ceeds ten thousand pounds but does not exceed fifty thousand pounds ; and one shilling for every additional one hundred pounds where the cost or estimated cost exceeds fifty thousand pounds ;

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

(b) In respect of scaffolding which con- sists of only trestles and planks or swinging stages, and in respect of gear used by painters, signwriters, paperhangers, plumbers, and elec- tricians, the fees payable shall be four shillings for every one hundred pounds or portion thereof of the ag- gregate cost of all work of which the owner has given notice in the pre- scribed form covering a period of one calendar year. For the purposes

No. 13.] Inspection, of Scaffolding. [1930.

of this clause one year shall mean the period commencing on the first day of July and ending on the thirtieth day of June next following.

(c) In respect of buildings, structures, or lifts, in connection with which the only scaffolding used or to be used comprises planks laid on the per- manent framework or structure, and also in connection with which no scaffolding or gear other than swing- ing stages or planks are used, the fees payable shall be four shillings for every one hundred pounds or por- tion thereof of the cost of the labour only engaged in connection with the actual works for the purpose where- of the kind of scaffolding specially mentioned in this clause is used or to be used, and not on the total cost of such works."

(e) by inserting in paragraph two of reg ulation twenty,

after the word " scaffolding," the words " or gear " ; and by deleting the words " at the above rate " and inserting in lieu thereof the words " according to the scale of fees in clause one hereof " ;

(f) by inserting in regulation twenty-two in Part IV., after the word " scaffolding," in line one, the words " or gear " ;

(g) by adding at the end of regulation twenty-three, in

Part IV., the words " or gear " ;

(h) by deleting Form B, and inserting a form in lieu

thereof as follows :—

Form B.

INSPECTION OF SCAFFOLDING ACT, 1924.

To the Inspector of Scaffolding.

I (or we) of hereby give

notice that I (or we) intend to erect scaffolding and (or) use gear at

(here describe

1930.1 Inspection of Scaffolding. [No. 1.3.

the premises or exact locality where scaffolding is to be set up or gear is to be

used) in accordance with the following particulars :-

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

Class of building, structure, or other work

Height of same

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

Dated this day of , 19 .

(Signature)

(i.) by deleting Form C, and by inserting a form in lieu thereof as follows :—

Form C.

INSPECTION OF SCAFFOLDING ACT, 1924.

Notice to Owner of Scaffolding or Gear.

To

I horoby give you notice that it appears to me that the use of the scaf. folding (or gear) erected and used (or in course of erection and use) at is (or would be) dangerous to human life and limb [or that with regard to the scaffolding (or gear) erected (or used or in course of erection or use) at the above Act (or the Regulations under the above Act, or the Order in Council dated the day of , 19 , under the above Act, as the case may be) is not being complied with.]

I therefore direct you to alter it by before al-

lowing the same to be used by any workman or for the support or protection

of any workman.

Dated the day of 19 .

Inspector of Scaffolding.

7. A section is inserted alter section twelve of the Persons employed

on scaffolding or

principal Act, as follows :— using gear to have knowledge of the

12a. No person shall be employed or engaged on English janguage"

or in connection with any scaffolding or gear extending beyond fifteen feet in height, unless such person has a sufficient knowledge of the English language to enable him to speak such language intelligibly.