Inspection of Scaffolding Act of 1915 (6 Geo v No. 25) (Qld)

6888 ss. 1, 2. LABOUR. Inspection of Scaffolding Act. 6 GEO. V. No. 25, purpose of raising or lowering men or materials unless he is the holder of a crane-driver's certificate for that purpose. This subsection does not apply to any machinery used on or in a mine as defined by "The Mining Act of 1898" or any amendment thereof. Suspension 15. (1.) Where it appears to the Board that the holder of a certifi- or ll' cate under this Act is guilty of any offence or misconduct, or has coafncceertiaftilcOatne deveIopde any sympt om 0 fe' pll epsy or 0 tehr ser'iOUS compIam. t wh 1 ' 0 h . would render him unfit to be trusted to efficiently perfonn his duties as such holder, the Board may call upon him to show cause why his certificate should not be suspended or cancelled. (2.) The Board may thereupon, by order published in the Gazette, suspend his certificate for such period as they think fit (and during the period of suspension he shall be deemed not to be the holder of a certificate), or cancel such certi.ficate; and the order of the Board shall be final and conclusive. 6 Geo. V. An Act to make better provision for the Inspection No. 25. THE of Scaffolding. INSPECTION OF [ASSENTED ~ ' o 22ND DECEMBER, 1915.J B SCAFFOLD- ING ACT OF 1915. E it enacted by the King's Most l~ xcellent Majesty, by and with the 3,dvice and consent of the Legis. lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the anthority of the same, as follows :- Short title 1. This Act may be cited as "The Inspection of m a co n em d nmt eonfcAe- ct. o Sc n a t ff h o e ld f i i n r g st A d c a t y o o f f 1 J 9 a 1 n 5 u ," arayn, donsehatlhl ocuosmanedinrut . oneoh ' peumn d ,trieo d n and sixteen. Repflal. 2. So much of the provisions of "'Phe Inspection N 8 o E . d 9 w , . s V . B I . I. of Machinery and Scaffolding Acts, 1908-1912,"* as relates to scaffolding is repealed.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within the operation of this Act and in force at the commencement of this Act shall continue in force until amended or repealed under this Act.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. * 8 Edw. VII. No. 9 and 3 Geo. V. No. 20, printed as consolidated, supra, page 5761. '

LABOUR. s. 3. 6889 1915. Inspection of Scaffolding Act. 3 In this Act, unless the context otherwise indi-Interpreta- nates, the following terms have the meanings set against ~ ~ ~ w. VII. them respectively, that is to say:- No. 9,s. 4. "Gear" includes any ladder, plank, chain, rope, Gear. fastening, hoist, stay, block, pulley, hanger, sling, brace, or other movable contrivance of a like kind; • "Inspector"-The chief inspector of scaffoldingInspector. 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; "Minister"-The Secretary for Public Works or Minister. other Minister of the Crown for the time being charged with the administration of this Act; "Owner"-The owner of any scaffolding and Owner. the mortgagee, lessee, hirer,. and borrower thereof, and any overseer, foreman, agent, and person having the control, charge, or management thereof; "Place"-Any structure or area, enclosed or Place. otherwise, and whether above or below ground, wherein or whereon any scaffolding is erected or used: the term includes any road, street, bridge, wharf, house, or building; "Prescribed "-Prescribed by this Act; Prescribed. " Regulations' -Regulations made under the Regulations. authority of this Act; "Scaffolder"-The person in charge of the erectionScaffolder. or demolition of scaffolding and being the holder of a license under this Act empowering him to act in that position; " Scaffolding" -Any structure built up and fixed Scaffolding. to a height exceeding eight feet from the horizontal base on which it is built up and fixed, for erecting, demolishing, altering, repaIring, cleaning, or painting buildings or structures: the term does not include mine timbering or any structure erected for carrying out that work; '" Serliiokuesly btoodinilcyapiancjiutartye" t-hAensuIffnejruerry frwomhicwh oriksSbienorjdui? irluyy. s for at least fourteen days;

6890 ss. 4-6. LABOUR. Inspection of Scaffolding Act. 6 GEO. V. No. 25. This Act. " This Act "-This Act and any Orders in Council and regulations made thereunder. Eobfexppmeaonidnseeosyutsto shall4b. eApllaiedxpoeuntseosfomf ocanreryysintgo thbies fArocmt intitmo eexteocuttiimone .appripartoed- _ appropriated by Parliament for the purpose. 8 Edw_ VII. No. 9, s. 8. Appointment 5. (1.) The Governor in Council may from tim~ to ~ ~ spectors. . time appoint a chief inspector of scaffolding, and so many lb. s. 9. inspectors and other officers as appear necessary for the purposes of this Act. Districts (2.) 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. Certificate. False .()ertificate. (3.) Every inspector shall be furnished with a certi- ficate of appointment, and upon applying for admission to any place shall, if required y produce such certificate to the occupier of the place. (4.) Any person who- (a) Forges or counterfeits any such certificate; Or (b) Makes use of any forged, counterfeited, or false certificate; or (c) Falsely pretends to be an inspector, shall be liable to imprisonment, with or without hard labour, for any period not exceeding six months. Public inspecitors. lb. s. 10. 6. 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.

LABOUR. ss. 7-10. 6891 1915. Inspection of Scaffolding Act. Such certificates shall author~ se the persons to whom they are granted to act as inspectors of soaffolding under this Act. All holders of such certificates shall have and be subject to all such powers, authorities, duties, and obliga- tions as may be prescribed. 7. Every inspector shall keep full minutes of all his Inspector proceedings, and shall from time to time report the same ~ : ~ : rs to the chief inspector, with such particulars and infor- an~ rep~ rt to mation as the chief inspector requires. : ~ ; ~ ctor. 8 Edw. VII. No. 9, s. 11. 8. (1.) Any inspector may at any time by day or Powers and by night enter any place where there is or where he has ~ utiestof reason to be1! · eve t here' IS any scaff 0 Idm' g or gear, wh ether mlbs.pse.c 12 o . rs. constructed or used or in course of construction, and may inspect and examine any scaffolding or gear therein. (2.) In making such inspection the inspector may- (a) Call to his aid any member of the police force, or any person he thinks competent to assist therein; , (b) Examine the owner or any person there present as to compliance with this Act in any particular. 9. Every occupier of any place and every owner ofOc~ piel' l! l scaffolding shall afford to the inspector all reasonable !~t~yO~d facilities and all such information as may reasonably be ~ spec: ion. required by him for the exercise of his powers, under . s. 3. this Act. 10. Every person who- aOnbsintrsupcetcintogr. (i.) Wilfully impedes, obstructs, or delays an lb. s. 14, inspector in the exercise of any power or duty under this Act; or (ii.) Wilfully makes any false reply to any question put to him by the inspector having reference to this Act; or (iii.) Fails to comply with a requisition of the inspector made under any such power; or (iv.) Fails to furnish any facilities or any informa- tion in his possession or power, which may be reasonably required by the inspector for the exercise of any such power; or

6892 ss. 11, 12. LABOUR. Inspection of Scaffolding Act. 6 GEO. V. No. 25, (v.) Conceals any person from the inspector, or prevents any person from appearing before or being examined by him, or attempts so to conceal or prevent any person; or (vi.) Uses any threat or abusive or insulting language to an inspector or to an employee with respect to any inspection or examination; shall be deemed to obstruct an inspector in the execution of his duty under this Act, and shall be liable to a penalty not exceeding twenty pounds: Provided that no person shall be required, under this section or the two last preceding sections, to answer any question or give any evidence tending to criminate himself. Scaffo~ ding, 11. All scaffolding and all gear used in connection :J &c., be in therewith shall be of the description prescribed by the ~ ~ ~ A~ ~ . ce regulations, and shall be set up, built, maintained, and N8 oE. d9w, . s. V2I4I. . used in accordance with this Act. Inspector may give directions ss to scaffolding, &c. lb. s. 25. 12. (1.) Where it appears to an inspector- (a) That the use of any scaffolding or any gear would be dangerous to human life or limb; or (b) That with regard to any scaffolding or gear erected or used or in the course of erection or use this Act is not being complied with, he may, by notice in writing, give such directions to the owner thereof as he thinks necessary in order to prevent accidents or to ensure a compliance with this Act; and such person shall, unless notice of appeal is given as hereinafter provided, forthwith carry out such directions. Mav order woi-k to cease. (2.) Where an inspector gives any such notice, he may at the same or at any other time order any persons forthwith· to cease to use or to work in connection with the scaffolding or gear until such directions or any order on appeal therefrom has been complied with. Any such order of an inspector maybe rescinded by him. Appeal from (3.) The person to whom such notice or order has inspector. been given, or the owner, within seven days after the receipt of such notice or order. may serve on the inspector a written requisition to refer the matter to the decision of the nearest police magistrate, and thereup0!l the matter shall be referred to such police magistrate, who shall hear and determine the dispute in manner pre- scribed, and his decision shall be final.

LABOUR. ss. 13-15. 6893 1915. Inspection of Scaffolding Act. Any person who fails to comply with any notice or order given to him by an inspector in pursuance of this section or any decision on appeal therefrom shall be liable to a penalty not exceeding fifty pounds. 13. (1.) No person shall be employed or act in the License to capacity of scaffolder in charge of erection or demolition scaffolder. of any scaffolding on any building exceeding one story 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 the erection or demolition of any scaffold on any building exceeding one story high, 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 five pounds for every day or part of a day during which he so acts. (3.) This section shall be in force in such districts as may from time to time be declared by the Governor in Council by Order in Council published in the Gazette. 14. If any scaffolding is not kept in conformity with Not ke<:ping this Act, or if with respect to the same there is a breach ~ caffo~ d: ! ity of this Act, or if the owner fails to comply with an order : i~ ~ nA~ t. or request duly made by an inspector with. respec~ to the ~~d~'s:r!: same, the owner shall, if no other penalty IS proVIded, be liable to a penalty not exceeding twenty pounds. The adjudicating court, in addition to or instead of inflicting a penalty, may order certain means to be adopted by the owner within a time to be named in the order for the purpose of bringing his scaffolding into conformity with this Act, and may upon application enlarge the time so named; and if after the expiration of the time originally named or enlarged as aforesaid the order is not complied with, the owner shall be liable to a penalty not exceeding one pound for everyday during wh.ich such non-compliance continues. 15. (1.) Where loss of life or serious bodily injury Inspec~ or to t o any person, b y reason 0 f an acCl 'd en t cause d b Y obfeancoctiidfeiendt. scaffolding, occurs at or in any place where there is lb. s. 50. scaffolding, the owner of the scaffolding shall, within twenty-four hours after the occurrence, send notice to the inspector at his office or usual place of residence, specifying the cause of the accident. (2.) Every owner who neglects to send such notice shall be liable to a penalty not exceeding twenty pounds.

6894 s.16. LABOUR. Inspection of Scaffolding Act. 6 GEO. V. No. 25, Inquiry into . ·16. (1.) In the event of a.n accident happening to :: hle~ ! , scaffolding, or where any loss of life or serious bodily 8 Edw. VII. injury has occurred as in the last preceding section No. 9, s. 51. 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 BJnd construction of scaffolding. (2.) The court shall have power to hold such inquiry a.t :mch 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 ascertaining the causes and circum- stances 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 w:itness 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."* . ' * 50 Vic. No. 17 and amending Acta, supra, pages 1132 et seq.

LABOUR. ss. 17-22. .6895 1915. Inspection of Scaffolding Act. (11.) Any costs and expenses ordered by the court to be paid by 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. 17. The provisions of the two last preceding sections Limitatio.n do not apply to any mine subJ'ect to "The MiningAct osefcptI: Oecnesd. ing of 1898"* or any Act amending or in substitution for 8 Edw. VII. that Act. No. 9, s. 49. 18. No ovmer of scaffolding shall contract with any No . employee against any liability under this Act. ~ ~ ~ ~ ractmg lb. s. 64. 19. Every owner of scaffolding shall cause to be Abstract of affixed and maintained in such place or places as the Abct, &tc'd' to I . nspector dI . rects t h e prescn 'b e d a b stracts 0 f t h I ' S A ct, lb e . pso. s 65 e . up. and in default of so doing shall be liable for a first offence to a penalty not exceeding two pounds, and for a second or subsequent offence to a penalty not exceeding five pounds. 20. Any order, notice, or process to be served Service of. in pursuance of this Act • shall be . deemed to be duly oorrdseur,mnmotoInces. , served upon the owner or occupier of any place, or upon lb. s. 61. any owner of scaffolding, if such order, notice, or process is sent through the post office by registered letter addressed to such owner or occupier at his last known place of abode or business, or is affixed to the door or some other conspicuous part of the place, as the case may be. 21. Every person who- False (i.) Makes in any prescribed book, register, notice, entries, &c. cert I 'ficat e, l I ' S t , record ,or document an ent ry lb. s. 66. which in any material particular is to his knowledge false; or (ii.) Makes use of any entry or report which in any material particular is to his knowledge false, shall be liable to a penalty not exceeding ten pounds or to be imprisoned for any period not exceeding three months. 22. (1.) Every person guilty of any breach or con- Who may be travention of this Act shall be punishable therefor, and proceeded it shall be no defence to prove that the person proceeded ~ i: = : s~ or against was the agent or employee of the owner or lb. s. 46. occupier or was acting in pursuance of any order or direction given by the owner or occupier. t 62 Vic. No. 24, supra, page 2178.

6896 ss. 23-25. LABOUR. Inspection of Scaffolding Act. 6 GEO. V. No. 25, Exemption (2.) "When an owner or occupier is charged with an ~ ~ c~ ~ ~ ro~ r offe~ ce against this Act he shall be entitled, upon infor- conviction of matlOn duly laid by him, to have any other person whom ! : : ~ ! ~ ~ l he charges to .be the actual offender .brought before the court at the tIme appointed for hearmg the charge, and if after the commission of the offence has been proved the owner or occupier proves to the satisfaction of the court that he used due diligence to enforce this Act, and that such other person committed the offence in question without his knowledge, consent, or connivance, such other person shall be convicted of the offence, and the owner or occupier shall be exempt from any penalty. Proceedings 23. "Where it appears to an inspector at the time of : ! : ~ ~ t discovering any offence that the owner or occupier had offender. used due diligence to enforce this Act, and also by what t~t' s~ fi: person the offence was committed, and that it was com- mitted without the knowledge, consent, or connivance of the owner or occupier, and in contravention of his orders, then proceedings may be taken against the person who is alleged to be the. actual offender in the first instance without first proceeding against the owner or occupier. When owners and 24. (1.) No person shall be liable under this Act as mortgagees an owner of scaffolding unless the same is under ~ is nlbo.t sl. ia4b8l.e. immediate power or control. No mortgagee of scaffolding shall be liable under this Act unless he is in actual possession thereof or has the same under his immediate power or control. (2.) For the purposes of this section the words "immediate power or control" mean that the scaffolding is used by the owner or mortgagee thereof personally, or by his agents, servants, or others under his orders or directions and for his benefit or profit. (3.) Nothing herein shall exempt any corporate body from liability under this Act by reason only that any scaffolding is under the control of any directors, secre- tary, manager, or other person elected or employed by such corporate body for the benefit of or on behalf of such body. Gene.rr;l 25. (1.) All penalties and fees imposed by or f~ o; : ~ ~ , ~ ~ : s pursuant to this Act may be recovered in a summary lb. ss. 45, 62. way under" The Justices Acts, 1886 to 1909."* * 50 Vic. No. 17 and amending Acts, supra, pages 1132 et seq.

1915. LABOUR. Inspection of Scaffolding Act. ss. 26, 27. 6897 (2.) Every person guilty of an offence against this Act for which no other penalty is provided shall be liable to a penalty not exceeding twenty pounds. (3.) No prosecution for any breach or contravention No of this Act shall be instituted without the authority of p~ ~ ~ ec~ ion the Minister or the chief inspector. : th~ ' : ity. ;::hl:s. 26. The following provisions apply to legal pro-Proceedings ceedings under this Act :- (i.) ':Vhere ?y this ~ ct any owner of sca. ffolding~ ~ d: ~ . vl~ : IS reqUIred to gIve or serve any notICe, the burden of proof that this Act has been complied with shall be on such owner. (ii.) The burden of proof that any scaffolding was not, on any date alleged in a complaint, in the place alleged, shall be on the defendant. (iii.) It shall be sufficient to state the name of the ostensible owner or occupier, or the title of the firm or company or corporation by which the owner or occupier is usually known; and the burden of proof that the person, firm, company, or corporation so named is not the owner or occupier shall be on the defendant. (iv.) The authority of any inspector or other officer of the State to take any proceeding or to do any act shall be presumed until the contrary is shown. (v.) It shall not be necessary to prove the constitu- tion of any district under this Act or the boundaries thereof. ' 27. The Governor in Council may from time to time Regulations. make regulations for all or any of the following purposes, lb. s. 63. namely:- (i.) Regulating the powers and duties of inspectors Officers. and other officers, and providing that such inspectors and officers in the exercise and discharge of their powers and duties shall not unreasonably or unduly interfere with the work or processes being carried on in any place: The qualifications of inspectors, and re- quiring that before appointment they shall give, by competitive examination, satisfactory evidence of their competency.

6898 s.28. LABOUR. Inspection of Scaffolding Act. 6 GEO. V. No. 25,1915. Forms. (ii.). Prescribing the form and manner of giving, furnishing, granting, or keeping orders, notices, applications, plans, records, and other docu- ments in pursuance of this Act. Scaffolding, &c. (iii.) The manner in .which scaffolding and gear shall be set up, built, maintained, and used; the construction and placing of swinging stages or scaffolds, gantries, and gear so as to ensure safety; requiring written notice to be given to an inspector before the erection of scaffolding, which notice shall state the total cost of the contract in connection with which scaffolding is intended to be used. Licenses to . Bcafl'olders. {iv.} Providing for and prescribing the standards for the examination of persons desirous of a9ting as .scaffolders, and the granting of licenses to them. Fees. (v.) Prescribing scales of fees to be paid for the inspection of scaffolding and gear. References to police magistrates, &c. (vi.) Regulating the proceedings upon references to police magistrates, and upon inquiries into accidents, and the manner of defraying and the recovery of the costs and expenses thereof. Abstracts. (vii.) Prescribing abstracts of the provisions of this Act, to be affixed and maintained by owners of scaffolding. Generally. (viii.) Generally for carrying this' Act into effect. The regulations may provide a penalty not ex- ceeding twenty pounds for any breach of the same. All such regulations shall, upon being published in the Gazette, be construed as one with this Act and be of equal validity, and shall be judicially noticed. All such regulations shall be laid before both Houses of Parliament within fourteen days after the publi- cation thereof if Parliament is then sitting, or, if not, then within fourteen days after the commencement of the next session thereof. If either House of Parliament passes a resolution at any time within fifteen sitting days after such regula- tions have been laid before such House disallowing any regulation, such regulation shall thereupon cease to have effect. . Annual 28. The chief inspector shall furnish annually to ~ ~ dr;. VII the Minister a report upon the operation of this Act. No. 9, s. fP.