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CHAPTER 297
FACTORIES ACT

[SUBSIDIARY LEGISLATION]

INDEX TO SUBSIDIARY LEGISLATION

    NOTICES

        Exemption

    ORDERS

        The Factories (Prescription of General Register) Order

        The Factories (Examination of Plant) Order

        The Factories (Electricity) (Continuity, Polarity and Insulation Tests Fees) Order

        The Factories Act (Extension of Application of Provisions) (Hoists and Lifts) Order

        The Factories (Examination of Pressure Vessels) (Fees) Order

        The Factories (Prescription of Abstract of Rules) Order

        The Factories (Prescription of Abstract of Act) Order

        The Factories (Prescription of Standard of First-Aid Equipment) Order

        The Factories (Exemption from Whitewashing, etc.) Order

    RULES

        The Electricity (Factories Act) Rules

        The Woodworking Machinery Rules

        The Docks Rules

        The Factories (Cotton Ginneries) (Fire Prevention) Rules

        The Factories (Occupational Health Services) Rules

        The Factories (Building Operations and Works of Engineering Construction) Rules

        The Factories (Examination of Pressure Vessels and Lifting Equipment) (Fees) Rules

        The Factories (Occupational Safety and Health Services Fees) Rules

NOTICES

EXEMPTION

(Section 40)

G.N. No. 431 of 1958

    The class or type of air receiver known as the air/pressure tank used in connection with an automatic fire sprinkler installation is hereby excepted from the provisions of section 39 of the Factories Act.

ORDERS

THE FACTORIES (PRESCRIPTION OF GENERAL REGISTER) ORDER

(Section 62(1))

G.N. No. 222 of 1952

    1. This Order may be cited as the Factories (Prescription of General Register) Order.

    2. The General Register, required by subsection (1) of section 62 of the Factories Act to be kept in every factory, shall be in the form of the register set out in the Schedule to this Order and printed and published by the Government Printer and bearing the reference "L.D. Form (F) 113".

SCHEDULE

(as per L.D. Form (F) 113)

    Note: The General Register prescribed by this Order is obtainable, price Shs. 2/50, from any Labour Officer.

L.D. FORM (F) 113
GENERAL REGISTER FOR FACTORIES

Form prescribed by the Minister for Labour under section 62 of the Act.

    This Register must be kept available for inspection by Inspectors of Factories for two years after the date of the last entry in it

Part I. – General

Part II. – Painting, Whitewashing, etc.

Part III.– Accidents

Part IV. – Cases of Occupational Diseases

1.    Instructions

    The occupier must enter in Part I all particulars required in it, including record of any certificates relating to the factory granted by the Chief Inspector of Factories.

2.    Certificate of Registration

    A certificate of registration issued by the Chief Inspector of Factories must be held by the occupier of every factory. The certificate must be attached to the general Register and the number and date of the certificate must be entered in Part I.

3.    Steam Boilers and Steam Receivers:

    Every steam boiler and steam receiver and its fittings must be thoroughly examined by an authorised boiler inspector, in the case of boilers every fourteen months and after extensive repairs, and in the case of steam receivers every twenty-six months; and a signed report of each examination, in the prescribed form, must be attached to the General Register.

4.    Air Receivers:

    Every air receiver must be thoroughly cleaned and examined at least once in every twenty-six months. The examination must be carried out by a person approved by the Chief Inspector of Factories, and a signed report of the examination, in the prescribed form, must be attached to the General Register. In the case of receivers of solid drawn construction, the interval between the examinations may, at the discretion of an approved person, exceed twenty-six months but must not exceed four years.

5.    Hoists and Lifts:

    Every hoist or lift must be thoroughly examined, by a person approved by the Chief Inspector of Factories, at least once in every six months; and a signed report of each examination, in the prescribed form, must be attached to the General Register.

6.    Painting, Whitewashing, etc.:

    The occupier must enter in Part II particulars as to the washing, painting, varnishing, whitewashing or colour-washing of the factory required under section 13.

Note:    Section 13(c) requires that all inside walls, partitions, ceilings, etc., of factories shall (a) if they have a smooth impervious surface, be washed with hot water and soap (or cleaned by other suitable method) every twelve months; or (b) if kept painted with oil paint or varnished, be repainted or revarnished every five years and washed with hot water, etc., every twelve months; or (c) in other cases, be whitewashed or colour-washed every twelve months.

        The Labour Commissioner may by order direct that, as regards any class or description of factory or parts of it specified in the order, the above requirements either shall not apply, or shall apply in modified form.

7.    Accidents and Occupational Diseases:

    The occupier must enter in Parts III and IV respectively the particulars of every accident and case of occupational disease occurring in the factory of which notice is required to be sent to a Labour Officer under the provisions of any law in force.

PART I
GENERAL

Name of Occupier ............................................................................................................

(In the case of a firm which is not a registered company: ................................................. the names of each partner should be entered.)

Situation of factory: ..........................................................................................................

Postal address of factory: .................................................................................................

Registered office, if any: ...................................................................................................

Nature of work carried on: .................................................................................................

REPORTS AND CERTIFICATES REQUIRED TO BE ATTACHED TO THE GENERAL REGISTER

Such documents should be gummed to the slips attached at the beginning or end of this Register, or, if the space is insufficient, they may be kept, apart from other papers, in a separate cover attached to this Register.

(

(


(

(

(
(

Certificate of registration of the factory.

    See Instruction 2 on inside of front cover)

No. of Certificate ..................................

Date of issue .......................................

Other Certificates issued by (the Chief Inspector of Factories

Indicate nature of Certificate

Date of Certificate

    When a new Register is taken into use, reports and certificates still current or in operation should be transferred to the new Register.

..........................
..........................
..........................
..........................
..........................

..........................
..........................
..........................
..........................
..........................

Name(s) of person(s) (if any) appointed under sections 24 and 25 of the Act to carry out examinations or operations at unfenced machinery in accordance with the provisions of those sections.

Date of Appointment

(The Certificate(s) of appointment must be attached to this Register)

..........................
..........................
..........................
..........................

..........................
..........................
..........................
..........................

Signature of Occupier .................................................... Date .......................... 20........

PART II
PAINTING, WHITEWASHING, ETC.

(See Instruction 6 on inside of front cover.)


Dates


Parts whitewashed or colourwashed, painted, varnished, or washed on the dates specified in columns (1) to (3)


Name and address of the person by whom the work specified in columns (4) and (5) was done


Month (1)


Day (2)


Year (3)


Parts of premises treated (4)


Treatment (5)


(6)











































PART III
ACCIDENTS

(See Instruction 7 on inside of front cover)


Date of accident


Dates on which notifica-
tion sent to Labour Officer


Injured person


Circumstances of the accident


Nature of injury; if fatal, state "FATAL" (9)


Period of incapacity including day of accident (10)


(1)


(2)


Name


Sex


Age


Usual occupation at time of accident


Precise occupation at time of accident


How caused? e.g. whether by machinery, in motion, and by what part of such machinery






(3)


(4)


(5)


(6)


(7)


(8)































































PART IV
CASES OF OCCUPATIONAL DISEASE

(See Instruction 7 on inside of front cover)


Date on which notifi- cation sent to Labour Officer


Person affected


Name of disease


Name of examining medical practitio- ner


Period of incapa- city; if fatal, state "FATAL"


REMARKS


Name


Sex


Age


Occupation


(1)


(2)


(3)


(4)


(5)


(6)


(7)


(8)


(9)
































































THE FACTORIES (EXAMINATION OF PLANT) ORDER

(Section 30(2) and 38(5)

G.N. No 223 of 1952

    1. This Order may be cited as the Factories (Examination of Plant) Order.

PART I
PREPARATION OF STEAM BOILERS FOR EXAMINATION (section 2)

    2. Any person who desires that an examination of a steam boiler should be carried out for the purposes of section 37 of the Act shall provide such facilities for the examination of the interior and exterior of the boiler and for hammer testing, drilling, lifting, hydraulic testing, steam trial or other means of testing as may be required by the authorised boiler inspector carrying out the examination and, without prejudice to this generality, shall cause–

    (a)    the steam boiler to be thoroughly opened up and all flues and other parts to be thoroughly cleaned and scaled;

    (b)    all doors of manholes, mudholes and handholes to be taken off;

    (c)    brickwork, composition covering, fire bars, fire bridges, tubes and stays to be removed to the extent required by the authorised boiler inspector;

    (d)    all junction valves, feed valves and safety valves to be taken apart and cleaned.

PART II
REPORTS OF RESULTS OF EXAMINATIONS (section 3)

    3. The report of the result of every examination of a hoist or lift, steam boiler, steam receiver or air receiver shall be in the form of the forms set out in the Schedule to this Order and shall contain the particulars specified in them. The forms shall be supplied by the Labour Department and shall bear the reference "L.D. Form (F)" followed by the numbers respectively set out below in relation to them, that is to say–

    (a)    for steam boilers when cold ...

L.D. Form (F) 105

    (b)    for economizers when cold ...

L.D. Form (F) 106

    (c)    for superheaters when cold ...

L.D. Form (F) 107

    (d)    for steam boilers under normal steam pressure ...................

L.D. Form (F) 108

    (e)    for steam receivers ..............

L.D. Form (F) 109

    (f)    for air receivers ....................

L.D. Form (F) 110

    (g)    for steam receivers or air receivers under normal pressure .........

L.D. Form (F) 111

    (h)    for hoists or lifts ..................

L.D. Form (F) 112

SCHEDULE
FORMS

L.D. FORM (F) 105
REPORT OF EXAMINATION OF STEAM BOILER WHEN COLD

                See Note on legal
requirements and
space for continuation
of entries overleaf

1.

Name of occupier .................................................................................................

2.

Address of factory or other premises where boiler is situated
.............................................................................................................................
.............................................................................................................................

3.

Type, description and distinctive number of boiler
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................

4.

Country and year of manufacture
    The history should be briefly given, and the examiner should state whether he has seen the last previous report.
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................

5.

Date of last hydraulic test (if any), and pressure applied
.............................................................................................................................

6.

Quality and source of feed water
.............................................................................................................................

7.

Is the boiler in the open or otherwise exposed to the weather or to damp?
..............................................................................................................................

8.

Boiler–

(a)    What examination and tests were made?

        (See Note A overleaf. Particulars of any removal of brickwork, etc., should be given here) ...............................................................................................
................................................................................................................
................................................................................................................

(b)    What parts were inaccessible at this examination?
........................................................................................................................
................................................................................................................

(c)    Condition of boiler

    (State any defects materially affecting the maximum permissible working pressure.)

(External: .....................................................
(....................................................................
(Internal: ......................................................
(....................................................................

9.

Fittings and attachments.

(a)    Are there proper fittings and attachments?.............................................................

(b)    Are all fittings and attachments in satisfactory condition (so far as ascertainable
when not under pressure)? ..................................................................................

10.

Repairs (if any) required, and period within which they should be executed, and any other conditions which the authorised boiler inspector thinks it necessary to specify for securing safe working ..............................................................................................
..............................................................................................................................

11.

Maximum permissible working pressure calculated from dimensions and other data ascertained by the present examination, due allowance being made for conditions of working if unusual or exceptional severe .....................................................................
...............................................................................................................................

Where repairs affecting the working pressure are required, state the maximum permissible working pressure–

(a)    before the expiration of the period specified in (10);

(a)    .................................................................

(b)    after the expiration of that period if the required repairs have not been completed;

(b)    .................................................................

(c)    after the completion of the required repairs.

(c)    .................................................................

12.

Other observations. (See Note C.)
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................

    I, (full name in BLOCK LETTERS) .......................................................................,
hereby declare that I am a boiler inspector authorised by the Chief Inspector of Factories for the purposes of section 37 of the Factories Act by Certificate No. ..........................
dated ............................... 20........ and that subject to any reservation noted above of certain points for examination under steam pressure, on ............................... 20........
the boiler above described was sufficiently scaled, prepared and (so far as its construction permits) made accessible for thorough examination and for that tests which were necessary for thorough examination, and that on the said date I thoroughly examined this boiler, including its fittings and attachments.

    I certify that the above is a true report of the result.

Date ............................. 20........

Address:    ..............................................
...........................................................

...........................................................
Signature of authorised Boiler Inspector

TO BE ATTACHED TO THE GENERAL REGISTER
SPACE FOR CONTINUATION OF ENTRIES

NOTE ON REQUIREMENTS OF THE FACTORIES ACT
as regards "steam boilers" other than economizers and superheaters
Section 37

Subsection (1)

Every steam boiler and all its fittings and attachments shall be of good construction, sound material, adequate strength and free from patent defect, and shall be properly maintained.

Subsections (2) and (3)

Every steam boiler, whether separate or one of a range–

(i)    shall have attached to it–

    (a)    a suitable safety valve (separate from and incapable of being isolated by any stop-valve), which shall be so adjusted as to prevent the boiler being worked at a pressure greater than the maximum permissible working pressure and shall be fixed directly to, or as close as practicable to, the boiler. If the valve is of the lever type, the weight must be secured on the lever in the correct position;

    (b)    a suitable stop-valve connecting the boiler to the steam pipe;

    (c)    a correct steam pressure gauge, connected to the steam space and easily visible by the boiler attendant, indicating the pressure of steam in the boiler in pounds per square inch and having marked upon it, in a distinctive colour, the maximum permissible working pressure;

    (d)    at least one water gauge of transparent material or other type approved by the Chief Inspector. If the gauge is of the glass tubular type and the working pressure in the boiler normally exceeds forty pounds per square inch, the gauge must be provided with an efficient guard but not so as to obstruct the reading of the gauge;

    (e)    where it is one of two or more boilers, a plate bearing a distinctive number which shall be easily visible; and

(ii)    shall be provided with means for attaching a test pressure gauge; and

(iii)    shall be provided with a suitable fusible plug or an efficient low-water alarm device.

Subsection (5)

    No person shall enter or be in any steam boiler which is one of a range of two or more steam boilers unless–

    (i)    all inlets through which steam or hot water might otherwise enter the boiler from any other part of the range are disconnected from that part; or

    (ii)    all valves or taps controlling the entry are closed and securely locked, and, where the boiler has a blow-off pipe in common with one or more other boilers or delivering into a common blow-off vessel or sump, the blow-off valve or tap on each boiler is so constructed that it can only be opened by a key which cannot be removed until the valve or tap is closed and is the only key in use for that set of blow-off valves or taps.

Subsection (6)

    No work shall be permitted in any boiler-furnace or boiler-flue until it has been sufficiently cooled by ventilation or otherwise to make work safe for the persons employed.

Subsections (7) and (8)

    Every steam boiler and all its fittings and attachments shall be thoroughly examined by an authorised boiler inspector at least once in every fourteen months, and also after extensive repairs:

    Provided that the authorised boiler inspector making the examination may specify in writing a period exceeding fourteen months but not exceeding eighteen months within which the next examination is to be made.

    The examination must consist of (a) an examination of the boiler when it is cold and the interior and exterior have been duly prepared (see Note A) and (B) as soon as possible thereafter, an examination when the boiler is under normal steam pressure.

Subsection (9)

    A report of the result of each part of the examination, in the prescribed form, shall, within twenty-eight days of the completion of that part of the examination, be entered in or attached to the General Register.

Subsection (10)

    A new or second-hand steam boiler must not be taken into use unless a certificate or a report of an examination has been obtained for it from an authorised boiler inspector.

NOTES

A.    According to the type of boiler, facilities must be given by the occupier for the examination (internal and external), hammer testing, drilling, lifting, hydraulic testing, steam trial or other means of testing as may be necessary for the thorough examination. The boiler should be opened out, cleaned and scaled; doors of manholes, mudholes and hand holes taken off; and all junction valves, feed valves and safety valves taken apart and cleaned.

    Brickwork, composition covering, fire-bars, fire-bridges, tubes and stays must be removed for the purpose of the examination to the extent required by the authorised boiler inspector making the examination.

B.    Where the authorised boiler inspector making the examination considers this necessary, he may insert, in his report on any of the items, an entry "subject to further report after examination under steam pressure". For the prescribed form of report of examination of a boiler under normal steam pressure, see L.D. Form (F) 108.

C.    When the authorised boiler inspector making the examination considers that the next examination may safely be deferred for a period exceeding 14 months (see subsections (7) and (8) above), the period within which the next examination is to be made should be specified item 12.

L.D. FORM (F) 106
REPORT OF EXAMINATION OF ECONOMIZER WHEN COLD

                See Note on
legal requirements
and space for
continuation of
entries overleaf.

1.

Name of occupier .................................................................................................

2.

Address of factory or other premises where economizer is situated
..............................................................................................................................
..............................................................................................................................

3.

Type, description and distinctive number of economizer, and number of pipes
..............................................................................................................................
..............................................................................................................................
..............................................................................................................................

4.

Country and year of manufacture.

    The history should be briefly given, and the examiner should state whether he has seen the last previous report.
..............................................................................................................................
..............................................................................................................................
..............................................................................................................................
..............................................................................................................................

5.

Date of last hydraulic test (if any), and pressure applied
..............................................................................................................................

6.

Quality and source of feed water
..............................................................................................................................

7.

Is the economizer exposed to the weather? ........................................................

8.

Are the dampers in proper working order? ..........................................................

9.

Economizer–

(a)    What parts, if any, are inaccessible? ....................................................................
..........................................................................................................................

(b)    State number of top caps removed at examination .................................................

(c)    State number of bottom caps removed at examination ............................................

(d)    What examination and tests were made?
.........................................................................................................................
.........................................................................................................................
(See Note A overleaf).

(e)    Condition of economizer. (State any defect materially affecting the maximum permissible working pressure.)

(External: .....................................................
(....................................................................
(Internal: ......................................................
(....................................................................

10.

Fittings and attachments.

(a)    Are there proper fittings and attachments? ...........................................................

(b)    Are all fittings and attachments in satisfactory condition (so far as ascertainable
when not under pressure)? .................................................................................

11.

Repairs (if any) required and period within which they should be executed, and any other conditions which the authorised boiler inspector think it necessary to specify for
securing safe working .............................................................................................
.............................................................................................................................
.............................................................................................................................

12.

Maximum permissible working pressure calculated from dimensions and other data ascertained by the present examination, due allowance being made for conditions of working if unusual or exceptionally severe .................................................................

Where repairs affecting the working pressure are required, state the maximum permissible working pressure–

(a)    before the expiration of the period specified in (11);

(a)    ................................................................

(b)    after the expiration of such period if the required repairs have not been completed;

(b)    ................................................................

(c)    after the completion of the required repairs.

(c)    ................................................................

13.

Other observations. (See Note C)
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................

    I, (full name in BLOCK LETTERS, ................................................................................
hereby declare that I am a boiler inspector authorised by the Chief Inspector of Factories for
the purposes of section 37 of the Factories Act by Certificate No. .......................................
dated .............................. 20........ and that subject to any reservation noted above of certain points for examination under steam pressure, on .............................. 20........ the economizer described above was sufficiently scaled, prepared and (so far as its construction permits) made accessible for thorough examination and for the tests which were necessary for thorough examination, and that on the said date I thoroughly examined this economizer, including its fittings and attachments.

    I certify that the above is a true report of the result.

Date ........................................ 20........

Address ................................................
.............................................................

.............................................................
Signature of authorised Boiler Inspector

TO BE ATTACHED TO THE GENERAL REGISTER
SPACE FOR CONTINUATION OF ENTRIES

NOTE ON REQUIREMENT OF THE FACTORIES ACT
as regards economizers
Section 37

(The expression "steam boiler" includes any economizer used to heat water being fed to any closed vessel in which steam is generated under pressure greater than atmospheric pressure.)

Subsections (1)

    Every economizer and all its fittings and attachments shall be of good construction, sound material, adequate strength and free from patent defect, and shall be properly maintained.

Subsections (2) and (3)

    Every economizer shall have attached to it a suitable safety valve, so adjusted as to prevent the economizer being worked at a pressure greater than the maximum permissible working pressure and (if of the lever type) with the weight secured in the correct position.

Subsection (6)

    No work shall be permitted in any boiler-furnace or boiler-flue until it has been sufficiently cooled by ventilation or otherwise to make work safe for the persons employed.

Subsections (7) and (8)

    Every economizer and all its fittings and attachments shall be thoroughly examined by an authorised boiler inspector at least once in every fourteen months, and also after extensive repairs:

    Provided that the authorised boiler inspector making any such examination may specify in writing a period exceeding fourteen months but not exceeding eighteen months within which the next examination is to be made.

Subsection (9)

    A report of the result of every examination, in the prescribed form, shall, within twenty-eight days of the completion of the examination, be entered in or attached to the General Register.

Subsection (10)

    A new or second-hand economizer must not be taken into use unless a certificate or a report of an examination has been obtained from an authorised boiler inspector.

NOTES

A.–According to the type of economizer, facilities must be given by the occupier for the examination (internal and external), hammer testing, drilling, hydraulic testing, pipe withdrawal or other means of testing as may be necessary for the thorough examination. Connections should be opened out, and safety valves taken apart and cleaned. Brickwork must be removed for the purpose of the examination to the extent required by the authorised boiler inspector making the examination.

B.–Where the authorised boiler inspector making the examination considers this necessary, he may insert in his report on any of the items an entry "subject to further report after examination under normal pressure". L.D. Form (F) 108 may be used for the purpose of a supplementary report of examination of an economizer under normal pressure.

C.–When the authorised boiler inspector making the examination considers that the next examination may safely be deferred for a period exceeding 14 months (see subsections (7) and (8) above), the period within which the next examination is to be made should be specified in item 13.

ISSUED BY THE LABOUR DEPARTMENT

L.D. FORM (F) 107
REPORT OF EXAMINATION OF SUPERHEATER WHEN COLD

                See Note
on legal
requirements and
space for
continuation of
entries overleaf.

1.

Name of occupier ................................................................................................

2.

Address of factory or other premises where superheater is situated
.............................................................................................................................
.............................................................................................................................

3.

Type, description and distinctive number of superheater
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................

4.

Country and year of manufacture
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................

    The history should be briefly given, and the examiner should state whether he has seen the last previous report

5.

Date of last hydraulic test (if any), and pressure applied
.............................................................................................................................

6.

Superheater–

(a)    What examination and tests were made? (See Note A overleaf. Particulars of any removal of brickwork should be given here)
........................................................................................................................
........................................................................................................................
........................................................................................................................

(b)    What parts were inaccessible at this examination?
........................................................................................................................
........................................................................................................................
........................................................................................................................

(c)    Condition of superheater: permissible working pressure
(State any defects materially affecting the maximum permissible working pressure)

(External: .....................................................
(....................................................................
(Internal: ......................................................
(....................................................................

7.

Fittings and attachments

(a)    Are there proper fittings and attachments? ...........................................................

(b)    Are all fittings and attachments in satisfactory condition so far as ascertainable
when not under pressure)? .................................................................................

8.

Repairs (if any) required, and period within which they should be executed, and any other conditions which the authorised boiler inspector thinks it necessary to specify for securing safe working .............................................................................................
.............................................................................................................................
.............................................................................................................................

9.

Maximum permissible working pressure calculated from dimensions and other data ascertained by the present examination, due allowance being made for conditions of working if unusual or exceptionally severe .................................................................
..............................................................................................................................
..............................................................................................................................

Where repairs affecting the working pressure are required, state the maximum permissible working pressure–

(a)    before the expiration of the period specified in (8)

(a)    ................................................................

(b)    after the expiration of that period if the required repairs have not been completed

(b)    ................................................................

(c)    after the completion of the required repairs

(c)    ................................................................

10.

Other observations (See Note C)
..............................................................................................................................
..............................................................................................................................
..............................................................................................................................
..............................................................................................................................

    I, (full name in BLOCK LETTERS) .................................................................................
hereby declare that I am a boiler inspector authorised by the Chief Inspector of Factories for the purposes of section 37 of the Factories Act by Certificate No. ............................................
dated .............................. 20........ and that, subject to any reservation noted above of certain points for examination under steam pressure, on ............................. 20........ the superheater above described was sufficiently scaled, prepared and (so far as its construction permits) made accessible for thorough examination and for the tests which were necessary for thorough examination, and that on the said date I thoroughly examined this superheater, including its fittings and attachments.

    I certify that the above is a true report of the result.

Date ............................... 20........

NOTE ON REQUIREMENTS OF THE FACTORIES ACT
as regards Superheaters
Section 37

(The expression "steamboiler" includes any superheater used for heating steam.)

Subsection (1)

    Every superheater and all its fittings and attachments shall be of good construction, sound material, adequate strength and free from patent defect, and shall be properly maintained.

Subsections (2) and (3)

    Every superheater shall have attached to it–

(a)    a suitable safety valve (separate from and incapable of being isolated by any stop-valve), so adjusted as to prevent the superheater being worked at a pressure greater than the maximum permissible working pressure and (if of the lever type) with the weight secured in the correct position;

(b)    a suitable stop-valve connecting the superheater to the steam pipe.

Subsections (6)

    No work shall be permitted in any boiler-furnace or boiler-flue until it has been sufficiently cooled by ventilation or otherwise to make work safe for the persons employed.

Subsections (7) and (8)

    Every superheater and all its fittings and attachments shall be thoroughly examined by an authorised boiler inspector at least once in every fourteen months, and also after extensive repairs:

    Provided that the authorised boiler inspector making any such examination may specify in writing a period exceeding fourteen months but not exceeding eighteen months within which the next examination is to be made.

Subsection (9)

    A report of the result of every examination, in the prescribed form, shall, within twenty-eight days of the completion of the examination, be entered in or attached to the General Register.

Subsection (10)

    A new or second-hand superheater must not be taken into use unless a certificate or a report of an examination has been obtained for it from an authorised boiler inspector.

NOTES

A.–According to the type of superheater, facilities must be given by the occupier for the examination (internal and external), hammer testing, drilling, lifting, hydraulic testing or other means of testing as may be necessary for the thorough examination. Connections should be opened out, and safety valves taken apart and cleaned. Brickwork must be removed for the purpose of thorough examination to the extent required by the authorised boiler inspector making the examination.

B.–Where the authorised boiler inspector making the examination considers this necessary, he may insert, in his report on any of the items, an entry "subject to further report after examination under steam pressure". L.D. Form (F) 108 may be used for the purpose of a supplementary report of examination of a superheater under normal steam pressure.

C.–When the authorised boiler inspector making the examination considers that the next examination may safely be deferred for a period exceeding fourteen months (see subsections (7) and (8) above), the period within which the next examination is to be made should be specified in item 10.

L.D. FORM (F) 108
FACTORIES REPORT OF EXAMINATION OF STEAM BOILER UNDER NORMAL STEAM PRESSURE ACT

(Section 37)

    This form may also be used (so far as applicable) for supplementary reports on Economizers and Superheaters.

1.

Name of occupier .................................................................................................

2.

Address of factory or other premises where steam boiler is situated
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................

3.

Type, description and distinctive number of boiler
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................

4.

Condition (External)
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................

5.

Fittings and attachments–

(a)    (i)    Is the safety valve so adjusted as to prevent the boiler being worked at a pressure greater than the maximum permissible working pressure specified in the last report (L.D. Form (F) 105) on the examination when cold?
..............................................................................................................

    (ii)    If a lever safety valve, is the weight secured on the lever in the correct
position? .................................................................................................

(b)    Is the pressure gauge working correctly? .............................................................

(c)    Is the water gauge in proper working order? ..........................................................

6.

Repairs (if any) required, and period within which they should be executed, and any other conditions which the authorised boiler inspector thinks it necessary to specify for securing safe working
............................................................................................................................
............................................................................................................................
............................................................................................................................
............................................................................................................................

7.

Other observations
............................................................................................................................
............................................................................................................................
............................................................................................................................
............................................................................................................................

    I, (full name is BLOCK LETTERS) ................................................................................
hereby declare that I am a boiler inspector authorised by the Chief Inspector of Factories for the purposes of section 37 of the Factories Act by Certificate No. .......................................... dated ............................... 20........ and that on ................................. 20........, I examined the steam boiler above described under normal steam pressure.

    I certify that the above is a true report of the result.

Date ...................................... 20........

Address:    ..............................................
...........................................................

.............................................................
Signature of authorised Boiler Inspector

TO BE ATTACHED TO THE GENERAL REGISTER

L.D. FORM (F) 109
REPORT OF EXAMINATION OF STEAM RECEIVER

                See Note on
legal requirements
and space for
continuation of
entries overleaf.

1.

Name of occupier .................................................................................................

2.

Address of factory or other premises where receiver is situated
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................

3.

Type, description and distinctive number of receiver
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................

4.

Country and year of manufacture
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................
    
The history should be briefly given, and the examiner should state whether he has seen the last previous report

5.

Date of last hydraulic test (if any) and pressure applied and for how long maintained ..........................................................................................................

6.

Maximum pressure of steam at source of supply to the receiver. (See Note A overleaf) ...............................................................................................................

7.

Receiver .............................................................................................................

(a)    What parts (if any) were inaccessible?

....................................................................

(b)    What examination and tests were made?

(See Note B.) ...............................................

(c)    Condition of receiver (State any defects materially affecting the safe working pressure)

(External: .....................................................
(....................................................................
(Internal: ......................................................
.....................................................................

8.

Fittings.
    Is the receiver so constructed as to withstand with safety the maximum pressure of steam at source of supply? If not, are the required fittings and appliances provided in accordance with the Act .........................................................................................

    Are all the fittings and appliances properly maintained and in good condition?
(See Note C.) ........................................................................................................

9.

Repairs (if any) required, and period within which they should be executed, and any other conditions which the authorised boiler inspector thinks it necessary to specify for securing safe working .............................................................................................
.............................................................................................................................

10.

Safe working pressure calculated from dimensions and other data ascertained by the present examination, due allowance being made for conditions of working if unusual or exceptionally severe ..............................................................................................

Where repairs affecting the working pressure are required, state the safe working pressure–

(a)    before the expiration of the period specified in (9);

(a)    ................................................................

(b)    after the expiration of that period if the required repairs have not been completed;

(b)    ................................................................

(c)    after the completion of the required repairs.

(c)    ................................................................

11.

Other observations
............................................................................................................................
............................................................................................................................
............................................................................................................................
............................................................................................................................

    I, (full name in BLOCK LETTERS), ..............................................................................,
hereby declare that I am a boiler inspector authorised by the Chief Inspector of Factories for
the purposes of section 38 of the Factories Act by Certificate No. .......................................
dated .............................., 20........, and that, subject to any reservation noted above of certain points for examination under steam pressure, on .............................. 20........, I thoroughly examined the steam receiver above described (so far as its construction permits), including its fittings and appliances.

    I certify that the above is a true report of the result

Date ..................................... 20........

Address:    .............................................
..........................................................

...................................................................
Signature of authorised Boiler Inspector

TO BE ATTACHED TO THE GENERAL REGISTER
SPACE FOR CONTINUATION OF ENTRIES

NOTE ON REQUIREMENTS OF THE FACTORIES ACT
Section 38

Subsection (1)

    Every steam receiver and all its fittings shall be of good construction, sound material, adequate strength, and free from patent defect, and shall be properly maintained.

Subsection (2)

    Every steam receiver, not so constructed and maintained as to withstand with safety the maximum permissible working pressure of the boiler or the maximum pressure which can be obtained in the pipe connecting the receiver with any other source of supply, shall be fitted with–

    (a)    a suitable reducing valve or other suitable automatic appliance to prevent the safe working pressure of the receiver being exceeded;

    (b)    a suitable safety valve so adjusted as to permit the steam to escape as soon as the safe working pressure is exceeded, or a suitable appliance for cutting off automatically the supply of steam as soon as the safe working pressure is exceeded;

    (c)    a correct steam pressure gauge, which shall indicate the pressure of steam in the receiver in pounds per square inch;

    (d)    a suitable stop valve; and

    (e)    except where only one steam receiver is in use, a plate bearing a distinctive number which shall be easily visible.

    The safety valve and pressure gauge must be fitted either on the steam receiver or on the supply pipe between the receiver and the reducing valve or other appliance to prevent the safe working pressure being exceeded.

Subsection (3)

    For the purpose of the provisions of the last preceding subsection, except paragraph (d), any set of receivers supplied with steam through a single pipe and forming part of a single machine may be treated as one receiver, and for the purpose of the said provisions, except paragraphs (d) and (e), any other set of receivers supplied with steam through a single pipe may be treated as one receiver:

    Provided that this subsection shall not apply to any set of receivers unless the reducing valve or other appliance to prevent the safe working pressure being exceeded is fitted on the said single pipe.

Subsection (4)

    Every steam receiver and all its fittings shall be thoroughly examined by an authorised boiler inspector, so far as the construction of the receiver permits, at least once in every period of twenty-six months.

Subsection (5)

    A report of the result of every examination, in the prescribed form and containing the prescribed particulars (including particulars of the safe working pressure), and signed by the person making the examination, must be entered in or attached to the General Register.

Subsection (6)

    A new or second-hand steam receiver must not be taken into use unless a certificate or a report of an examination has been obtained for it from an authorised boiler inspector, or in the case of a new receiver, from the manufacturer of the receiver.

Subsection (9)

    "Steam receiver" means any vessel or apparatus (other than a steam boiler, steam container, a steam pipe or coil, or a part of a prime mover) used for containing steam under pressure greater than atmospheric pressure;

    "Steam container" means any vessel (other than a steam pipe or) constructed with a permanent outlet into the atmosphere or into a space where the pressure does not exceed atmospheric pressure, or at approximately that pressure, of a purpose of heating, boiling, drying, evaporating or other similar purpose.

NOTES

A.–When the source of supply of steam is a boiler, the maximum pressure of steam at the source of supply should be taken to mean the maximum permissible working pressure of the boiler. In other cases (e.g. steam "passed out" from power plant), it should be taken to mean the maximum pressure of steam which can be obtained in the pipe connecting the receiver with the source of supply. Where there is more than one source of supply, the source from which the greatest pressure can be obtained should be taken.

B.–According to the type of steam receiver, facilities should be given by the occupier for a thorough examination, including hydraulic testing, steam trial, or other means of testing so far as may be necessary and the construction of the receiver permits.

    Certain steam receivers (e.g. steam-jacketed pans) have a large bolted joint forming a principal part of the construction, but not primarily intended as a means of internal examination. It would be for the competent person carrying out the examination to consider whether that joint shall be opened on the occasion of that examination or whether, having regard to the circumstances of the case, the object of the examination can be sufficiently secured without the opening (e.g. by external examination, together with suitable hydraulic tests and gaugings of deflections).

    Certain steam-heated cylinders or rolls forming parts of some machines are of such construction that opening up for internal examination would entail remaking the joints and machining of surfaces to ensure true running. In such circumstances, the view may be taken that a thorough examination so far as the construction of the receiver permits can be made by hydraulic test, gaugings of deflections and external examination.

C.–Where, before furnishing replies to item 8, the person making the examination considers further examination necessary in order to test the fittings under steam pressure, a provisional entry, "subject to supplementary report after examination under steam pressure", may be made with regard to the matters in question, provided that (i) the thorough examination is completed within the statutory period of twenty-six months, and (ii) a supplementary report containing the prescribed particulars on L.D. Form (F) 111 is attached to the General Register.

L.D. FORM (F) 110
REPORT OF EXAMINATION OF AIR RECEIVER

                See Note on legal
requirements and
space for continuation
of entries overleaf.

1.

Name of occupier .................................................................................................

2.

Address of factory where receiver is situated
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................

3.

Type, description and distinctive number of receiver
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................

4.

Country and year of manufacture
.............................................................................................................................
.............................................................................................................................

    The history should be briefly given, and the examiner should state whether he has seen the last previous report.

5.

Date of last hydraulic test (if any), and pressure applied .....................................

6.

Receiver ..............................................................................................................

(a)    What parts (if any) were inaccessible?

....................................................................
....................................................................

(b)    What examination and tests were made? (See Note A overleaf.)

....................................................................
....................................................................

(c)    Condition of receiver, (State any defects materially affecting the safe working pressure.)

(External: ....................................................
(...................................................................
(Internal: .....................................................
(...................................................................

7.

Fittings.

Are the required fittings and appliances provided in accordance with the Act?

Are all fittings and appliances properly maintained and in good condition? (See Note B).

....................................................................

....................................................................

8.

Repairs (if any) required, and period within which they should be executed, and any other conditions which the person making the examination thinks it necessary to specify for securing safe working
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................

9.

Safe working pressure calculated from dimensions and other data ascertained by the present examination, due allowance being made for conditions of working if unusual or exceptionally severe ...................................................







....................................................................

Where repairs affecting the working pressure are required, state the safe working pressure–

(a)    before the expiration of the period specified in (8);

(a)    ...............................................................
...............................................................

(b)    after the expiration of such period if the required repairs have not been completed;

(b)    ...............................................................
...............................................................
...............................................................

(c)    after the completion of the required repairs.

(c)    ...............................................................
...............................................................

10.

Other observations. (See Note C.)
............................................................................................................................
............................................................................................................................
............................................................................................................................
............................................................................................................................

    I (full name in BLOCK LETTERS), ...............................................................................,
hereby declare that I am a person approved by the Chief Inspector of Factories for the purposes of section 39 of the Factories Act by Certificate No. ........................................................
dated ..............................., 20........, and that, subject to any reservation noted above of certain points for examination under normal pressure, on .................................. 20........ the air receiver above described was thoroughly clean and (so far as its construction permits) made accessible for thorough examination and for such tests as were necessary for thorough examination, and that on the said date I thoroughly examined this receiver, including its fittings.

    I certify that the above is a true report of the result.

Date ...................................... 20........

Address .............................................
..........................................................

..................................................................
Signature of approved person

TO BE ATTACHED TO THE GENERAL REGISTER
SPACE FOR CONTINUATION OF ENTRIES

NOTE ON REQUIREMENTS OF THE FACTORIES ACT
Section 39

Subsection (1)

    Every air receiver shall–

    (i)    have marked upon it, so as to be plainly visible, the safe working pressure;

    (ii)    in the case of a receiver connected with an air compressing plant, either be so constructed as to withstand with safety the maximum pressure which can be obtained in the compressor or be fitted with a suitable reducing valve or other suitable appliance to prevent the safe working pressure of the receiver being exceeded;

    (iii)    be fitted with a suitable safety valve so adjusted as to permit the air to escape as soon as the safe working pressure is exceeded;

    (iv)    be fitted with a correct pressure gauge indicating the pressure in the receiver in pounds per square inch;

    (v)    be fitted with a suitable appliance for draining the receiver;

    (vi)    be provided with a suitable manhole, handhole, or other means which will allow the interior to be thoroughly cleaned; and

    (vii)    in a case where more than one receiver is in use in the factory, bear a distinguishing mark which shall be easily visible.

Subsection (2)

    For the purpose of the provisions of the foregoing subsection relating to safety valves and pressure gauges, any set of air receivers supplied with air through a single pipe may be treated as one receiver:

    Provided that, in a case where a suitable reducing valve or other suitable appliance to prevent the safe working pressure being exceeded is required to be fitted, this subsection shall not apply unless the valve or appliance is fitted on the said single pipe.

Subsection (3)

    Every air receiver and its fittings shall be of sound construction and properly maintained.

Subsection (4)

    Every air receiver shall be thoroughly cleaned and examined at least once in every period of twenty-six months:

    Provided that in the case of a receiver of solid drawn construction–

    (i)    the person making any such examination may specify in writing a period exceeding twenty six months but not exceeding four years within which the next examination is to be made; and

    (ii)    if it is so constructed that the internal surface cannot be thoroughly examined, a suitable hydraulic test of the receiver shall be carried out in lieu of internal examination.

    Every examination and test must be carried out by an approved person, and a signed report of the result of that examination and test, in the prescribed form and containing the prescribed particulars (including particulars of the safe working pressure), must be entered in or attached to the General Register.

Subsection (6)

"Air receiver" means–

    (i)    any vessel (other than a pipe or coil, or an accessory, fitting or part of a compressor) for containing compressed air and connected with an air compressing plant; or

    (ii)    any fixed vessel for containing compressed air or compressed exhaust gases and used for the purpose of starting an internal combustion engine.

NOTES

A.–According to the type of air receiver, facilities should be given by the occupier for the examination (internal and external), hammer testing, drilling, lifting, hydraulic testing, or other means of testing as may be necessary for the thorough examination.

B.–Where, before furnishing replies to item 7, the person making the examination considers that further examination is necessary in order to test the fittings under normal pressure, a provisional entry, "subject to supplementary report after examination under normal pressure", may be made in regard to the matters in question, provided that (i) the thorough examination is completed within the statutory period, and (ii) a supplementary report containing the prescribed particulars on L.D. Form (F) 111 is attached to the General Register.

C.–When, in the case of a solid drawn receiver, the person making the examination considers that the next examination may safely be deferred for a period exceeding twenty-six months (see subsection (4) above), the period within which the next examination is to be made should be specified in item 10.

L.D. FORM (F) 111
REPORT OF EXAMINATION OF STEAM RECEIVER OR AIR RECEIVER UNDER NORMAL PRESSURE

NOTE: –    This form is only to be used when reservations have been made in a previous report on L.D. Form (F) 109 or L.D. Form (F) 110. The examination must be completed within the statutory period.

1.

Name of occupier ................................................................................................

2.

Address of factory or other premises where receiver is situated
.............................................................................................................................
.............................................................................................................................

3.

(a)    State whether steam receiver or air receiver.

....................................................................

(b)    Type, description and distinctive number of receiver.

....................................................................

4.

Condition of receiver.

(External .....................................................)

5.

Fittings.

    Are the fittings properly maintained and in good working order?
............................................................................................................................

6.

Repairs (if any) required, and period within which they should be executed
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................

7.

Other observations
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................

    I (full name in BLOCK LETTERS) ................................................................................,
hereby declare that I am a boiler inspector authorised/person approved 1 by the Chief Inspector of Factories for the purposes of section 38/section 39 2 of the Factories Act by Certificate No. .................................... dated ............................. 20........, I examined the steam air receiver above described under normal pressure with regard to the points reserved in the report of thorough examination dated ................................ 20........

    I certify that the above is a true report of the result.

Date ....................................... 20........

..............................................................
Signature of authorised inspector or approved person

TO BE ATTACHED TO THE GENERAL REGISTER

L.D. FORM (F) 112
REPORT OF EXAMINATION OF HOIST OR LIFT

                See legal requirements
and space for
continuation of
entries overleaf.

1.

Name of occupier ................................................................................................

2.

Address of factory where hoist or lift is situated
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................

3.

(a)    Type of hoist or lift and identification number or description.
.........................................................................................................................
.........................................................................................................................

(b)    Date of construction or reconstruction (if ascertainable) ....................................

4.

Design and construction.

    Are all parts of the hoist or lift of good mechanical construction, sound material and adequate strength (so far as ascertainable)? ............................................................

    NOTE.–Details of any renewals or alterations required should be given (7) below.

5.

Maintenance.

    Are the following parts of the hoist or lift properly maintained and in good working order? If not, state what defects have been found.

    A separate answer is required with regard to each part.

    (a)    Enclosure of hoistway or liftway .................................................................
...............................................................................................................
...............................................................................................................

    (b)    Landing gates and cage gate(s) .................................................................
...............................................................................................................
...............................................................................................................

    (c)    Interlocks on the landing gates and cage gate(s) .........................................
...............................................................................................................
...............................................................................................................

    (d)    Other gate fastenings ...............................................................................
...............................................................................................................
...............................................................................................................

    (e)    Cage or platform and fittings, cage guides, buffers and interior of the hoistway of liftway .................................................................................................
...............................................................................................................
...............................................................................................................

    (f)    Over-running devices .................................................................................
...............................................................................................................
...............................................................................................................

    (g)    Suspension ropes or chains, and their attachments ....................................
...............................................................................................................
...............................................................................................................

    (h)    Safety gear, i.e. arrangements for preventing fall of platform or cage
...............................................................................................................
...............................................................................................................

    (i)    Brakes ....................................................................................................
...............................................................................................................
...............................................................................................................

    (j)    Worm or spur gearing ...............................................................................
...............................................................................................................
...............................................................................................................

    (k)    Other electrical equipment ........................................................................
...............................................................................................................
...............................................................................................................

    (l)    Other parts ..............................................................................................
...............................................................................................................
...............................................................................................................

6.

What parts (if any) were inaccessible? ................................................................
.............................................................................................................................
.............................................................................................................................

7.

Repairs, renewals, or alterations (if any) required, and the period within which they should be executed ................................................................................................
.............................................................................................................................
.............................................................................................................................

8.

Maximum safe working load, subject to repairs, renewals, or alterations (if any) specified in (7) .......................................................................................................
.............................................................................................................................
.............................................................................................................................

9.

Other observations
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................

    I (full name in BLOCK LETTERS) .................................................................................
hereby declare that I am a person approved by the Chief Inspector of Factories for the purposes of section 30 of the Factories Act by Certificate No. ........................... dated ......................
20........, and that on .................................... 20........, I thoroughly examined the hoist or lift above described.

    I certify that the above is a true report of the result.

Date ......................................... 20........

Address: ...............................................
............................................................

.......................................................
Signature of approved person

TO BE ATTACHED TO THE GENERAL REGISTER
SPACE FOR CONTINUATION OF ENTRIES

THE FACTORIES ACT
Section 30

    "30. (1) Every hoist or lift shall be of good mechanical construction, sound material and adequate strength, and be properly maintained.

    (2) Every hoist or lift shall be thoroughly examined at least once in every period of six months by a person approved for the purposes of this section by the chief inspector by certificate in writing, and a report of the result of every examination, in the prescribed form and containing the prescribed particulars, shall be signed by the person making the examination and shall within fourteen days be entered in or attached to the general register.

    (3) Every hoistway or liftway shall be efficiently protected by substantial enclosure fitted with gates, being such an enclosure as to prevent, when the gates are shut, any person falling down the way or coming into contact with any moving part of the hoist or lift.

    (4) Any gate shall be fitted with efficient interlocking or other devices to secure that the gate cannot be opened except when the cage or platform is at the landing and that the cage or platform cannot be moved away from the landing until the gate is closed.

    (5) Every hoist or lift and every enclosure shall be so constructed as to prevent any part of any person or any goods carried in the hoist or lift being trapped between any part of the hoist or lift and any fixed structure or between the counterbalance weight and any other moving part of the hoist or lift.

    (6) There shall be marked conspicuously on every hoist or lift the maximum working load which it can safely carry, and no load greater than that load shall be carried on any hoist or lift.

    (7) The following additional requirements shall apply to hoists and lifts used for carrying persons, whether together with goods or otherwise–

    (a)    Efficient automatic devices shall be provided and maintained to prevent the cage or platform over-running;

    (b)    Every cage shall, on each side from which access is afforded to a landing, be fitted with a gate, and in connection with that gate efficient devices shall be provided to secure that, when persons or goods are in the cage, the cage cannot be raised or lowered unless the gate is closed, and will come to rest when the gate is opened;

    (c)    In the case of a hoist or lift constructed or reconstructed after the passing of this Act, where the platform or cage is suspended by rope or chain, there shall be at least two ropes or chains separately connected with the platform or cage, each rope or chain and its attachments being capable of carrying the whole weight of the platform or cage and its maximum working load, and efficient devices shall be provided and maintained which will support the platform or cage with its maximum working load in the event of a breakage of the ropes or chains or any of their attachments.

    (8) In the case of a hoist or lift not connected with mechanical power–

    (a)    subsection (7) of this section shall not apply; and

    (b)    for subsection (4) of this section the following subsection shall be substituted:

            '(4) Any gate shall be kept closed and fastened except when the cage or platform is at rest at the landing.'; and

    (c)    in subsection (2) of this section, for the reference to six months there shall be substituted a reference to twelve months.

    (9) For the purposes of this section, no lifting machine or appliance shall be deemed to be a hoist or lift unless it has a platform or cage the direction of movement of which is restricted by a guide or guides.

    (10) If it is shown to the satisfaction of the chief inspector that it would be unreasonable in the special circumstances of the case to enforce any requirement of this section in respect of any class or description of hoist, lift, hoistway or liftway, he may, by notice published in the Gazette, except from that requirement hoists. lifts, hoistways or liftways of that class or description, and that exception may be unqualified or may be subject to any conditions which may be contained in the notice."

ISSUED BY THE LABOUR DEPARTMENT

THE FACTORIES (ELECTRICITY) (CONTINUITY, POLARITY AND INSULATION TESTS FEES) ORDER

(Section 55)

G.Ns. Nos.
35 of 1986
262 of 1997

    1. This order may be cited as the Factories (Electricity) (Continuity, Polarity and Insulation Tests Fees) Order.

    2. For the purposes of this Order "Electrical Inspector" means an Officer holding the post of electrical inspector in the Department of Labour.

    3. (1) The fees specified in this order shall be paid in respect of any test, examination or inspection of any apparatus, machine, equipment or circuit (installation) taken by an electrical inspector pursuant to the requirements of Rules 38 and 39 of the Factories (Electricity) Rules.

    (2) An Electrical Inspector shall not commence any test, examination or inspection of any Apparatus, machine, equipment or circuit until the appropriate previous fees as specified below by this order have been paid.

    4.

TABLE

No.

Test

Amount to be paid per hour T.Shs/hour

1.

Continuity ....................................

One thousand shillings (1,000/=)

2.

Polarity ........................................

One thousand shillings (1,000/=)

3.

Insulation .....................................

Two thousand shillings (2,000/=)

MEDICAL CHARGES

Medical Examinations:

T.Shs./Worker .............................

Fifteen thousand shillings (15,000/=)

Consultations:

T.Shs./Day ..................................

Fifteen thousand shillings (15,000/=)

THE FACTORIES ACT (EXTENSION OF APPLICATION OF PROVISIONS) (HOISTS AND LIFTS) ORDER

(Section 60(b))

G.N. No. 291 of 1957

    1. This Order may be cited as the Factories Act (Extension of Application of Provisions) (Hoists and Lifts) Order.

    2. In this Order, unless the context requires otherwise–

    "Act" means the Factories Act *, and includes subsidiary legislation under it;

    "non-factory premises" means premises to which this Order applies in accordance with paragraph 3;

    "prescribed date" means the date of coming into operation of this order.

    3. The application of the provisions of the Act set out in paragraph 1 of the First Schedule to this Order is hereby extended to any premises (not being premises forming part of a factory) in which a hoist or lift is used, subject to the conditions specified in paragraph 2 of the Schedule:

    Provided that this Order shall not apply to the following premises, that is to say:

    (i)    any premises used as a private dwelling house only by one occupier;

    (ii)    any premises referred to in subsection (4) of section 5 of the Act;

    (iii)    any premises in which any building operation is being carried on, other than non-factory premises in which structural alteration repair or maintenance as defined in subsection (1) of section 6 of the Act is being carried on;

    (iv)    any premises in which a work of engineering construction is being carried on;

    (v)    any premises referred to in section 57 of the Act.

    4. (1) Every owner of non-factory premises shall apply as for registration of each hoist or lift installed in the premises, by submitting to the Chief Inspector an application in the form set out in the Second Schedule to this Order.

    (2) In the case of a hoist or lift installed and in use on the prescribed date, the application shall be submitted within one month of its installation.

    (3) In the case of a hoist or lift installed on or before the prescribed date but not yet in use on that date and in the case of a hoist or lift installed after the prescribed date, the application shall be submitted before the hoist or lift is put into use.

    5. (1) Upon receipt of the application, the Chief Inspector shall cause the hoist or lift to be registered and shall issue a certificate in the form set out in the Third Schedule to this Order.

    (2) The owner shall attach the certificate to the Register to be kept in accordance with the provisions of paragraph 6.

    6. The owner shall provide and maintain in each lift or hoist on the premises a Register in the form set out in the Fourth Schedule to this Order.

FIRST SCHEDULE

(Paragraph 3)

    1.

Part

Section(s)

{mprestriction ids="1,2,3"}

I

3 and 4

II

6(1) and (4)

V

30, 42(6), 43 and 45

VII

55

IX

63

X

All

XI

72(1), (2), (3) and (5), 73 to 80, 81(2) and 82 to 84

XII

85

    2. The application of the provisions of the Act set out in paragraph 1 hereof shall be subject to the following conditions, that is to say–

    (i)    any reference in the Act to dates which are earlier than the prescribed date shall be construed as references to the prescribed date;

    (ii)    for the terms "building", "factory" and cognate terms there shall be substituted so far as applicable, the terms "non-factory premises";

    (iii)    all rights, duties, and liabilities of the occupier under the Act shall be deemed to be the rights, duties and liabilities of the owner and all references to the occupier only shall be deemed to be references to the owner:

            Provided that the references in sections 83 and 84 to the occupier shall be deemed to refer to any tenant or other occupant of the whole or any part of non-factory premises;

    (iv)    in section 43–

        (a)    for the terms "ways, works, machinery or plant" occurring in subsection (1)(a) and (1)(i) there shall be substituted the terms "hoist or lift"; and

        (b)    between the word "factory" and the word "in" occurring in subsection (1)(b) of there shall be added the words "in relation to a hoist or lift";

    (v)    in section 45 for the terms "the last two foregoing sections" there shall be substituted the terms "section 43";

    (vi)    in section 55 for the terms "manufacture, machinery, plant, equipment, appliance, process or description of manual labour" there shall be substituted the terms "hoist or lift";

    (vii)    in section 69–

        (a)    for paragraph (a) of subsection (1) there shall be substituted the following paragraph –

            "(a)    to enter, inspect and examine, by day or by night, any non-factory premises and to enter, inspect and examine by day, any premises which he has reasonable cause to believe to be non-factory premises";

        (b)    subsection (4) shall apply as if the subsection concluded with the word "penalties" occurring in the fifth line and the remainder of the said subsection were deleted;

        (c)    the proviso to subsection (5) shall not apply.

SECOND SCHEDULE

(Paragraph 4(1))

L.D. FORM 127
PARTICULARS TO BE SUBMITTED BY OWNER OF A HOIST OR LIFT

THE FACTORIES ACT (CAP. 297)

The Factories Act (Extension of Application of Provisions) (Hoists and Lifts) Order

    1.    Name of owner .............................................................................................

    2.    Address of owner ..........................................................................................

    3.    Address at which hoist or lift is situated ..........................................................

    4.    Type of hoist or lift and identification number or description ...............................

    5.    Date of construction or reconstruction..............................................................

    6.    Maximum safe working load ...........................................................................

Date .................................................... ...............................................................
Signature of Owner

THIRD SCHEDULE

(Paragraph 5(1))

L.D. FORM 128
CERTIFICATE OF REGISTRATION OF A HOIST OR LIFT IN USE IN NON-FACTORY PREMISES

THE FACTORIES ACT (CAP. 297)

The Factories Act (Extension of Application of Provisions) (Hoists and Lifts) Order

No. of Certificate ...................

Date of issue ........................

    I hereby certify that the hoist or lift specified below has been duly registered in pursuance of paragraph 5 of the Factories Act (Extension of Application of Provisions) (Hoists and lifts) Order.

    Name of owner ...........................................................................................................

    Address of owner ........................................................................................................

    Address and situation of hoist or lift ..............................................................................

    Nature of work for which used .......................................................................................

.....................................................
Chief Inspector of Factories

FOURTH SCHEDULE

(Paragraph 6)

L.D. FORM 129
REGISTER (HOISTS AND LIFTS) FOR USE IN NON–FACTORY PREMISES

THE FACTORIES ACT (CAP. 297)

The Factories Act (Extension of Application of Provisions) (Hoists and Lifts) Order

    The Register must be kept available for inspection for two years after the date of the last entry in it.

Instructions

    1. The owner must enter all the particulars required in the Register, and attach to the Register the Certificate of Registration issued by the Chief Inspector of Factories.

    2. Every hoist or lift must be examined at least once in every period of six months by a person approved by the Chief Inspector of Factories, and a signed report must be attached to the Register.

    Name of owner .......................................................................................................

    (In case of a firm which is not a registered company the names of each partner should be entered)

    Situation of hoist or lift .............................................................................................

    Postal address of owner ..........................................................................................

    Nature of work for which hoist or lift is used ...............................................................

    Reports and Certificates required to be attached to the Register.

Such documents should be gummed to the slips attached to this Register

Certificate of Registration of the Hoist or Lift.

No. of Certificate

Other certificates issued by Chief Inspector of Factories

When a new Register is taken into use reports and certificates still current or in operation should be transferred to the new Register.

Date of Certificate

Date of issue

Signature of owner ....................................... Date .....................................................

THE FACTORIES (EXAMINATION OF PRESSURE VESSELS) (FEES) ORDER

G.N. No. 179 of 1958

    1. This Order may be cited as the Factories (Examination of Pressure Vessels) (Fees) Order.

    2. For the purposes of this Order:

    "boiler inspector" means an officer holding the post of boiler inspector in the Department of Labour;

    "examination at rest" in respect of any pressure vessel means that part of the examination done when the vessel is not under pressure and its interior and exterior have been prepared in the manner required by the boiler inspector;

    "pressure vessel" means any steam boiler, steam receiver or air receiver.

    3. (1) The appropriate basic fees and additional fees specified in this Order shall be paid in respect of any examination, test or inspection of any pressure vessel undertaken by a boiler inspector, pursuant to the requirements of sections 37, 38 and 39 of the Factories Act.

    (2) A boiler inspector shall not commence any examination, test or inspection of any pressure vessel until the appropriate basic and additional fees specified in the Schedule to this Order have been paid.

    4. The basic fee for each examination of a pressure vessel at rest together with the additional fees payable for hydraulic testing and inspection under normal working pressure are contained in Columns 3, 4 and 5 respectively of the Schedule to this Order.

SCHEDULE
BASIC AND ADDITIONAL FEES FOR EXAMINATION AND REST OF PRESSURE VESSELS


Category


Description


Basic Fee


Additional Fee for Hydraulic Test


Additional Fee for Inspection under Pressure




Shs.


Shs.


Shs.


P.V.1.


Each water-tube, locomotive type, Lancashire, Cornish or externally fired shell type boiler other than a boiler in categories P.V.2, P.V.3, or P.V.9.


400/=


135/=


80/=


P.V.2.


Each vertical, vertical cross tube or vertical multi-tubular boiler other than a boiler in categories P.V.3 or P.V.9.


300/=


100/=


60/=


P.V.3.


Each boiler of less than 2 feet in diameter other than a boiler in category P.V.9, or for each electrode boiler


200/=


65/=


40/=


P.V.4.


Each economiser, or each superheater


120/=


40/=


25/=


P.V.5.


Each steam receiver or steam jacketed vessel of a diameter of 2 feet or over


120/=


40/=


25/=


P.V.6.


Each steam receiver or steam jacketed vessel of a diameter less than 2 feet


60/=


20/=


12/=


P.V.7.


Each air receiver of a diameter of 2 feet 6 inches or over


90/=


30/=


18/=


P.V.8.


Each air receiver of a diameter of less than 2 feet 6 inches


60/=


20/=


12/=


P.V.9.


Each medical steriliser boiler (autoclave) of less than 2 feet in diameter


30/=


10/=


6/=


P.V.10.


Steam Tube Ovens


100/=


35/=


20/=

THE FACTORIES (PRESCRIPTION OF ABSTRACT OF RULES) ORDER

(Section 61(1)(a))

G.N. No. 339 of 1958

    1. This Order may be cited as the Factories (Prescription of Abstract of Rules) Order.

    2. The abstract of the Electricity (Factories Act) Rules *, required to be posted in every factory by section 61(1)(c) of the Factories Act, shall be in the form set out in the Schedule hereto.

SCHEDULE
ABSTRACT OF THE ELECTRICITY (FACTORIES ACT) RULES

1.    Application of Rules (R. 2)

    These Rules shall apply to the generation, transformation, conversion, switching, controlling, regulating, distribution and use of electrical energy in any factory, premises, place, process, operation or work to which Part VII of the Factories Act applies.

2.    Duties (R. 3)

    (a)    It shall be the duty of the occupier to comply with these Rules.

    (b)    It shall be the duty of all agents, workmen and persons employed to conduct their work in accordance with these Rules.

3.    Definitions (R. 4)

    "apparatus" means electrical apparatus in which conductors are used;

    "authorised person" means the occupier, his contractor or a person employed by either to carry out certain duties incidental to the use of electrical energy, such person being a person who is competent for the purposes of the rule where the term is used and where necessary holds a licence issued under section 9 of the Electricity Act;

    "bare" means not covered with insulating material;

    "conductor" means an electrical conductor connected to a system;

    "covered with insulating material" means adequately covered with insulating material so that there is no danger;

    "danger" means danger to health, life or limb from shock, burn or other injury or from fire;

    "dead" means at zero potential and disconnected from any live system;

    "earthed" means connected to the general mass of earth;

    "insulating boots, gloves, screen or stand" means boots, gloves, screen or stand of such size, quality and construction that a person is thereby adequately protected from danger;

    "live" means electrically charged;

    "pressure" means the difference of potential between any two conductors or one conductor and earth;

    "low pressure" means a pressure not exceeding 250 volts;

    "medium pressure" means a pressure above 250 volts but not exceeding 650 volts;

    "high pressure" means a pressure above 650 volts but not exceeding 6,600 volts;

    "extra high pressure" means a pressure exceeding 6,600 volts;

    "substation" means any premises where electrical energy is transformed or converted to or from above medium pressure if such premises are large enough for a person to enter;

    "switchboard" means the collection of switches, fuses or conductors used for controlling current or pressure of a system;

    "system" means an electrical system in which all conductors and apparatus are connected to a common source.

4.    Safety of Installations (R. 6)

    All apparatus and conductors shall be sufficient in size and power for the work they are to do and be so constructed, installed, protected, worked and maintained as to prevent danger.

5.    Conductors (R. 7)

    All conductors shall be covered with insulating material or placed and safeguarded as to prevent danger.

6.    Control Gear (R. 8)

    Every switch, switch fuse, circuit breaker and isolating link shall be so constructed and protected as to prevent danger and make and maintain good contact and can not be left in partial contact.

7.    Fuses and Circuit Breakers (R. 10)

    Every fuse and automatic circuit breaker shall be so constructed and arranged so as to interrupt the current before it exceeds the working rate. Every fuse shall be such that the fusible metal may be readily renewed without danger.

8.    Joints and Connections (R. 11)

    Every joint and connection shall be of proper construction as regards conductivity, insulation, mechanical strength and protection.

9.    Means for cutting off pressure (R. 12)

    Efficient means suitably located shall be provided for cutting off all pressure from every part of a system.

10.    Power cut off-electrical motors, etc. (R. 16)

    Every motor, convertor and transformer shall be so connected by efficient means that all pressure may be cut off.

11.    Switches for control of electrical motors (R. 17)

    Every motor shall be controlled by an efficient switch for starting and stopping, so placed as to be easily worked by the person in charge of the motor.

12.    Portable apparatus (R. 18)

    All portable apparatus shall be connected by efficient permanent joints or a properly constructed connector. The metal work of all portable tools and any flexible metallic covering of the conductors shall be efficiently earthed. A lampholder shall not be in metallic connection with the guard or other metal work of a portable lamp. Portable apparatus and its flexible wire shall be controlled by efficient means suitably located capable of cutting off pressure.

13.    Switchboards having exposed bare conductors (R. 20)

    Switchboards with bare conductors shall be suitably fenced or enclosed or in an area set apart. No unauthorised person shall enter the area set apart.

14.    Switchboard working platforms and passageways (R. 22)

    A clear and unobstructed passage of ample width and height, with a firm and even floor, shall be kept at all switchboards. For low and medium pressure the clear height shall be 7 feet and the clear width 3 feet measured from the bare conductor.

15.    Accidental charging above normal working pressure (R. 25)

    Where high or extra high pressure is transformed to a lower pressure or vice versa, suitable provision shall be made to guard against the accidental charging of the lower pressure system above its normal by leakage or contact from the high pressure system.

16.    Accidental charging of metal other than conductors (R. 26)

    Adequate precautions shall be taken by earthing or other means to prevent any metal other than conductors becoming charged.

17.    Accidental charging while working (R. 27)

    Adequate precautions shall be taken to prevent any conductor or apparatus being accidentally or inadvertently charged when persons are working on them.

18.    Portable insulating devices (R. 29)

    Portable insulating stands, screens, boots, gloves or other means shall be provided and used when necessary to prevent danger and shall be periodically examined.

19.    Safe working space and means of access (R. 30)

    Adequate working space and means of access, free from danger shall be provided for all apparatus to be worked or attended by any person.

20.    Lighting (R. 31)

    All parts of premises in which apparatus is placed shall be adequately lighted.

21.    Protection against exposure (R. 32)

    All conductors and apparatus exposed to the weather, wet, corrosion, inflammable or explosive atmospheres shall be so constructed and protected adequately to prevent danger in view of the exposure.

22.    Authorised and competent persons (R. 33)

    No unauthorised person shall do work where technical knowledge or experience is required to avoid danger. No one shall do that work unaccompanied.

23.    Treatment for electric shock (R. 34)

    Instructions for the treatment of electric shock shall be fixed in all premises where there is electrical energy in use.

24.    Substations (R. 36)

    Every substation shall be under the control of an authorised person. No unauthorised person shall be permitted to enter unless under immediate supervision of an authorised person.

THE FACTORIES (PRESCRIPTION OF ABSTRACT OF ACT) ORDER

G.N. No. 340 of 1958

    1. This Order may be cited as the Factories (Prescription of Abstract of Act) Order.

    2. The abstract of the Act required to be posted in pursuance of section 61(1)(a) thereof shall be in the form of the Schedule to this Order.

SCHEDULE

L.D. FORM (F) 131
ABSTRACT OF THE ACT PRESCRIBED UNDER SECTION 61 BY THE MINISTER

TO BE AFFIXED AT THE MAIN ENTRANCE OF ALL REGISTERED FACTORIES

Name of Occupier: ......................................

Address of factory: ......................................

Industry: .....................................................

Chief Inspector of Factories:

        Headquarters, Department of labour,
P.O. Box 178, Dar es Salaam.

Labour Officer

        Area Labour Office,
P.O. Box No .........

ABSTRACT

REGISTRATION

1.    Register of Factories (S. 7)

    The Chief Inspector of Factories shall keep a Register and all factories shall be issued with a Certificate of Registration.

2.    Plans of New Factories (S. 10)

    Plans of all new buildings to be used as factories and alterations to existing industrial premises should be submitted through the local Authority to the Chief Inspector of Factories for approval.

HEALTH (GENERAL PROVISIONS)

3.    Cleanliness (S. 13)

    Every factory must be kept clean. All inside walls and partitions and ceiling must be kept clean and white-washed.

4.    Over-Crowding (S. 14)

    A factory must not be over-crowded. In every workroom at least 350 cubic feet of air space should be allowed for each person working in the room.

5.    Ventilation (S. 15)

    Effective and suitable provisions should be made for securing and maintaining, by the circulation of fresh air, the adequate ventilation of the workroom.

6.    Lighting (S. 16)

    Every workroom should be provided with adequate and suitable means of lighting whether natural or artificial.

7.    Drainage of Floors (S. 17)

    In any workroom in which wet processes are carried on, adequate means should be provided to effectively drain the wet off the floor.

8.    Sanitary Convenience (S. 18)

    Sufficient and suitable sanitary conveniences, separate for each sex, should be provided for the use of persons employed.

SAFETY (GENERAL PROVISIONS)

9.    Prime movers (S. 21)

    Every fly wheel and every moving part of a prime mover must be securely fenced irrespective of their position.

10.        Transmission Machinery (S. 22)

    Every part of transmission machinery must be securely fenced unless it is safe by position or construction.

    Effective devices must be provided and maintained in order that the power can be promptly cut off from the transmission machinery in every workroom.

11.        Other Machinery (S. 23)

    Every dangerous part of any machinery must be securely fenced.

12.        Construction and maintenance of Fencing (S. 25)

    All fencing should be of substantial construction and should be constantly maintained in position while the machinery is in motion or use.

13.        Construction of New Machinery (S. 26)

    New power-driven machines must not be sold, let for hire or used unless certain parts are effectively guarded.

14.        Vessels containing dangerous Liquids (S. 27)

    Fixed vessels, sumps, or pits containing scalding, corrosive or poisonous liquids, should be securely fenced unless the edge is three feet above the adjoining ground or platform.

15.        Self-Acting Machines (S. 28)

    No traversing parts of any self-acting machine or material carried on it should be allowed to run within 18" of any fixed structure.

16.        Training and supervision (S. 29)

    Persons should not be employed at any machine or process liable to cause bodily injury unless they have been fully instructed as to the dangers likely to arise in connection with it.

17.        Hoists and Lifts (S. 30)

    Every hoist or lift should be of sound mechanical construction and be properly maintained. It must be examined thoroughly every six months by an approved person.

18.        Chains, ropes and lifting tackle (S. 31)

    Every chain, rope or lifting tackle used for raising persons or goods must be of sound construction and free from patent defect.

    All lifting tackle in use must be thoroughly examined by an approved person in every period of six months and must not be taken into use for the first time in a factory unless they have been tested and certified.

19.        Cranes and other lifting machines (S. 32)

    All parts and working gear of cranes and other lifting machines should be of sound construction, adequate strength and must be properly maintained.

    A thorough examination of all parts should be made by an approved person every 14 months. A crane or lifting machine must not be taken in use for the first time in a factory until it has been tested and examined.

20.        Register of chains, ropes, etc. (S. 33)

    A Register containing particulars of examinations and tests of all lifting gear should be kept in every factory.

21.        Safe means of access and safe place of employment (S. 34)

    All floors, steps, ladders, stairs, passages and gangways must be of sound construction and properly maintained.

    Adequate clear space should be maintained at every machine while it is being used to enable the work to be carried out without risk.

22.        Precautions against dangerous fumes (S. 35)

    Detailed precautions are laid down in order to prevent gassing when work is carried out in a confined space and at which dangerous fumes are liable to be present.

23.        Precautions against explosive or inflammable dust, gas, etc. (S. 36)

    Precautions are laid down against explosion for certain processes and welding on containers which held explosive or inflammable substances.

24.        Steam boilers and steam receivers (S. 37 and S. 38)

    Every steam boiler and steam receiver must be of sound construction, adequate strength and free from patent defect.

25.        Air receivers (S. 39)

    Air receivers must be thoroughly cleaned and examined at least every 26 months by an approved person and report made which should be attached to the General Register.

26.        Prevention of fires (S. 41)

    An adequate and suitable supply of fire extinguishing apparatus should be provided and should be readily accessible in case of fire.

    Stocks of inflammable substances must be kept in a fire-resisting store or in a safe place outside the building comprising the factory.

27.        Safety provisions in case of fire (S. 42)

    Every factory should be provided with adequate means of escape in case of fire and such means should be properly maintained and free from obstruction.

WELFARE (GENERAL PROVISIONS)

28.        Supply of drinking water (S. 46)

    An adequate supply of drinking water should be provided and maintained.

29.        Washing facilities (S. 47)

    There should be provided and maintained adequate and suitable provision for washing.

30.        Clothing accommodation (S. 48)

    Suitable accommodation for clothing not worn during working hours should be provided and maintained.

31.        First aid (S. 49)

    A first-aid box or cupboard of the prescribed standard should be provided and kept properly stocked. A responsible person should be put in charge of the first aid equipment.

HEALTH, SAFETY AND WELFARE (SPECIAL PROVISIONS AND RULES)

32.        Removal of dust and fumes (S. 51)

    All practicable measures should be taken for the suppression of dust or fumes arising out of any process or plant so as to prevent them entering the air of the workroom.

33.        Meals in certain dangerous trades (S. 52)

    A person must not partake of food or drink in any workroom where poisonous or otherwise injurious substances are used as to give rise to dust or fumes.

34.        Protective clothing (S. 53)

    Employed persons who are exposed to wet or offensive substances should be provided with suitable protective clothing and appliances.

35.        Protection of eyes (S. 54)

    Suitable protective screens or goggles should be provided for persons employed while carrying out certain work.

MISCELLANEOUS

36.        Posting of abstract (S. 61)

    The prescribed abstract of the Factory Act, 1950 should be posted in a prominent place in every factory. The Abstract and other notices required to be posted under this Act, should be in English and Kiswahili.

37.        General Registers (S. 62)

    Every factory should keep a General Register which should have attached to it the Certificate of Registration of the factory and all other Certificates required by this Act.

38.        Duties of employed persons (S. 65)

    A person employed must not wilfully interfere with or misuse any means, appliance or other thing prescribed in pursuance of this Act for securing the safety, health and welfare of employed persons.

    He or she must not wilfully and without reasonable cause, do anything likely to endanger himself/herself or others.

39.        Deductions from wages (S. 66)

    The occupier of a factory must not make a deduction from wages in respect of anything he has to do or provide in pursuance of this Act.

ADMINISTRATION

40.        Powers of inspectors (S. 69)

    Inspectors have the power to enter and inspect factory premises at all reasonable times by day or by night.

    They may also exercise any powers which may be necessary for carrying the Act into effect, including the power to take samples.

    Any person who obstructs an Inspector in the execution of his duties under this Act commits an offence and upon conviction is liable to a penalty.

THE FACTORIES (PRESCRIPTION OF STANDARD OF FIRST-AID EQUIPMENT) ORDER

G.N. No. 380 of 1958

    1. This Order may be cited as the Factories (Prescription of Standard of First-Aid Equipment) Order.

    2. The first-aid box or cupboard required by section 49(1) of the Factories Act to be provided in every factory shall be equipped in the manner provided in the Schedule to this Order.

SCHEDULE

    1. For factories in which the number of persons employed does not exceed 10 – Each first-aid box or cupboard shall contain as a minimum the following items–

    (i)    A sufficient number (not less than six) of small sterilised dressings for use on injured fingers.

    (ii)    A sufficient number (not less than six) of medium sized sterilised dressings for use on injured hands or feet.

    (iii)    A sufficient number (not less than six) of large sterilised dressings for use on other injured parts.

    (iv)    A sufficient quantity of sterilised burn dressings (large and small).

    (v)    A one percent aqueous solution of gentian violet or other antiseptic.

    (vi)    A bottle of sal volatile having the dosage and method of administration clearly indicated on the label.

    (vii)    A supply of castor oil or eye drops, if there is a particular hazard to the eyes.

    (viii)    A copy of the first aid leaflet L.D. Form (F) 115 issued by the Labour Department.

    2. For factories in which the number of persons employed exceeds 10 but does not exceed 50 – Each first-aid box or cupboard shall contain as a minimum the following items–

    (i)    A sufficient number (not less than one dozen) of small sterilised dressings for use on injured fingers.

    (ii)    A sufficient number (not less than one dozen) of medium sized sterilised dressings for use on injured hands or feet.

    (iii)    A sufficient number (not less than one dozen) of large sterilised dressings for use on other injured parts.

    (iv)    A sufficient number (not less than one dozen) of large sterilised burn dressings (large and small).

    (v)    A sufficient supply of sterilised cotton wool in half-ounce packets.

    (vi)    A one percent aqueous solution of gentian violet or other antiseptic.

    (vii)    A battle of sal volatile having the dosage and method of administration clearly indicated on the label.

    (viii)    Castor oil or other eye drops in adequate quantity.

    (ix)    A copy of the first-aid leaflet L.D. Form (F) 115 issued by the Department of Labour.

    3. For factories employing more than 50 – Each first-aid box or cupboard shall contain as a minimum the following items–

    (i)    A sufficient number (not less than two dozen) of small sterilised dressings for use on injured fingers.

    (ii)    A sufficient number (not less than two dozen) of medium sized sterilised dressings for use on injured hands or feet.

    (iii)    A sufficient number (not less than two dozen) of large sterilised dressings for use on other injured parts.

    (iv)    A sufficient supply of sterilised burn dressings (large and small).

    (v)    A sufficient quantity of sterilised cotton wool in half-ounce packets.

    (vi)    A one percent aqueous solution of gentian violet or other antiseptic.

    (vii)    A bottle of sal volatile having the dosage and method of administration clearly indicated on the label.

    (viii)    A supply of castor oil or other eye-drops

    (ix)    A supply of splints and cotton wool or other material suitable for padding.

    (x)    A supply of adhesive plaster.

    (xi)    A tourniquet.

    (xii)    One dozen roller bandages.

    (xii)    One dozen triangular bandages

    (xiv)    A supply of safety pins in assorted sizes.

    (xv)    A pair of scissors - 5 inches long.

    (xvi)    A pair of "dressings" forceps.

    (xvii)    A copy of the first-aid leaflet L.D. Form (F) 115 issued by the Labour Department:

    Provided that items (ix) to (xvi) inclusive need not be included in the standard first-aid box or cupboard where there is a properly equipped ambulance room at the factory or if at least one box or cupboard containing those items and placed and maintained in accordance with the conditions stipulated under section 49 of the Factories Act *, is separately provided.

    4. In lieu of the dressings stipulated under items (i) and (ii) of subparagraphs 1, 2, and 3, there may be substituted adhesive wound dressings of a type approved by the Director of Medical Services.

    5. All materials for dressings contained in the first-aid boxes or cupboard shall be those designated in or of a grade or quality not lower than the standards prescribed by the S.I. (International Standards) or any supplements to it.

    6. Each first-aid box or cupboard shall be plainly marked "First-Aid".

THE FACTORIES (EXEMPTION FROM WHITEWASHING, ETC.) ORDER

G.N. No. 291 of 1958

    1. This Order may be cited as the Factories (Exemption from Whitewashing, etc.) Order.

    2. In this Order:

    "grading shed" means any building in which cured tobacco leaf is sorted and graded prior to baling;

    "tobacco curing barn" means any building in which green tobacco leaf is cured with or without the application of artificial heat or humidification.

    3. The provisions of subparagraphs (i), (ii) and (iii) of paragraph (c) of section 13 of the Factories Act shall not apply to any tobacco curing barn or to any grading shed:

    Provided that the walls and ceilings of any tobacco curing barn and grading sheds shall be kept in a clean state by brushing or other means.

RULES

THE ELECTRICITY (FACTORIES ACT) RULES

(Section 55(1))

G.Ns. Nos.
241 of 1955
1 of 1956
1 of 1986
636 of 1986

1.    Short title

    These Rules may be cited as the Electricity (Factories Act) Rules.

2.    Application of Rules

    Save as provided in these rules, of these Rules shall extend and apply to the generation, conversion, switching, controlling, regulating, distribution, construction and maintenance of transmission and service lines, power stations and substations, and use of electrical energy-in any factory and in any premises, place, of process, operation or work to which the provisions of Part VII of the Factories Act *, with respect to rules of health, safety and welfare or by any order made under it.

3.    Duties

    (1) It shall be the duty of the occupier to comply with these Rules.

    (2) It shall be the duty of all agents, workmen and persons employed to conduct their work in accordance with these Rules.

4.    Interpretation

    In these Rules, unless the context requires otherwise–

    "apparatus" means electrical apparatus, and includes all apparatus, machines and fittings in which conductors are used, or of which they form a part;

    "Authorised Electrical Inspector" means any competent person who is authorised by the Chief Inspector, by certificate in writing, to carry out inspections, examinations or tests as required by the Electricity (Factories Act) Rules;

    "authorised person" means (a) the occupier, or (b) a contractor for the time being under contract with the occupier or (c) a person employed, appointed, or selected by the occupier, or by a contractor to carry out certain duties incidental to the generation, transformation, distribution, or use of electrical energy, that occupier, contractor or person being person who is competent for the purposes of the rule in which the term is used, and, where necessary, holds an appropriate licence issued in accordance with the provisions of section 9 of the Electricity Act *;

    "bare" means not covered with insulating material;

    "circuit" means an electrical circuit forming a system or branch of a system;

    "conductor" means an electrical conductor arranged to be electrically connected to a system;

    "contractor" means a contractor or an employer of workman who is undertaking an electrical installation or works of electrical engineering and includes a sub-contractor;

    "continuity test" means a test or proof that indicates whether connection of the earth continuity conductor is existing with the earth or broken from it;

    "covered with insulating material" means adequately covered with insulating material of such quality and thickness that there is no danger;

    "danger" means danger to health or danger to life or limb from shock, burn, or other injury to persons employed, or from fire, attendant upon the generation, transformation, distribution, or use of electrical energy;

    "dead" means at, or about, zero potential, and disconnected from any live system;

    "earth continuity conductor" means any type of conductor which connects one point of the system to earth in order to prevent danger;

    "earthed" means connected to the general mass of earth in such manner as will ensure at all times an immediate discharge of electrical energy without danger;

    "extra high pressure" means a pressure in a system which normally exceeds 3,000 volts where electrical energy is used or supplied;

    "high pressure" means a pressure in a system normally exceeds 650 volts, but does not exceed 3,000 volts, where electrical energy is used or supplied;

    "insulating boots, gloves, screen or stand" means boots, gloves, screen or stand of such size, quality and construction according to the circumstances of the use thereof, that a person is thereby adequately protected from danger;

    "insulation test" means a test to establish whether an installation is adequately covered with insulating material to prevent danger;

    "live" means electrically charged;

    "low pressure" means a pressure in a system normally not exceeding 250 volts where electrical energy is used;

    "mechanical strength test" means test for ability of electrical apparatus or equipment to withstand mechanical forces or heat;

    "medium pressure" means a pressure in a system normally above 250 volts, but not exceeding 650 volts, where electrical energy is used;

    "polarity test" means a test (or proof) that indicates whether or not a conductor (or any part connected to a system) is being electrically charged (that is whether it is live or neutral); and

    "pressure" means the difference of electrical potential between any two conductors, or between a conductor and earth as read by a hot wire or electrostatic voltmeter;

    "public supply" means the supply of electrical energy by any person authorised by a licence granted under section 4 of the Electricity Act *;

    "substation" means any premises, or that part of any premises, in which electrical energy is transformed or converted to or from pressure above medium pressure, except for the purpose of working instruments, relays, or similar auxiliary apparatus; if such premises or part of premises are large enough for a person to enter after the apparatus is in position;

    "switchboard" means the collection of switches or fuses, conductors, and other apparatus in connection therewith, used for the purpose of controlling the current or pressure in any system or part of a system;

    "switchboard passage-way" means any passage-way or compartment large enough for a person to enter, and used in connection with a switchboard when live;

    "system" means an electrical system in which all the conductors and apparatus are electrically connected to a common source of electromotive force;

    "tests" includes continuity, polarity, insulation and mechanical strength tests.

5.    Exemptions

    (1) Nothing in rules 7, 8, 9, 12, 14, 15, 16, 20, 21, 22, 26, 27, 28, 29, 30, 31, 33, 34, 35 and 36 shall apply, unless on account of special circumstances the Chief Inspector shall give notice to the occupier that this exemption does not apply–

    (a)    to any system in which the pressure does not exceed low pressure direct or 125 volts alternating;

    (b)    in any public supply generating station, to any system in which the pressure between it and earth does not exceed low pressure.

    (2)    Nothing in these rules shall apply to any service lines or apparatus on the supply side of the consumer/s terminals, or to any chamber containing any service lines or apparatus, where the supply is given from outside under a licence issued in accordance with the provisions of section 4 of the Electricity Act provided always that no live metal is exposed so that it may be touched.

    (3) If the occupier can show, with regard to any requirement of these rules, that the special conditions in his premises are such as adequately to prevent danger, that requirement shall be deemed to be satisfied; and the Minister may, by order, direct that any class of special conditions defined in the order shall be deemed for the purposes of all or any of the requirements of these rules adequately to prevent danger; and may revoke such order.

    (4) Nothing in these rules shall apply to any process or apparatus used exclusively for electro-chemical or electro-thermal or testing or research purposes:

    Provided that process is so worked and that apparatus is so constructed and protected and the special precautions are taken which may be necessary to prevent danger.

    (5) The Minister may, if satisfied that safety is otherwise practically secured, by order exempt from the operation of all or any of these rules any premises to which any special rules or regulations under any other act as to the generation, transformation, distribution or use of electrical energy apply; and may revoke that order.

6.    Safety of installations

    All apparatus and conductors shall be sufficient in size and power for the work they are called upon to do, and be so constructed, installed, protected, worked and maintained as to prevent danger so far as is reasonably practicable.

7.    Conductors

    All conductors shall either be covered with insulating material and further efficiency protected where necessary to prevent danger, or they shall be so placed and safeguarded as to prevent danger so far as is reasonably practicable.

8.    Control gear

    Every switch, switch fuse, circuit-breaker, and isolating link shall be–

    (a)    so constructed, placed or protected as to prevent danger;

    (b)    so constructed and adjusted as accurately to make and to maintain good contact;

    (c)    provided with an efficient handle or other means of working, insulated from the system, and so arranged that the hand cannot inadvertently touch live metal;

    (d)    so constructed or arranged that it cannot accidentally fall or move into contact when left out of contact.

9.    Switches and circuit-breakers

    (1) Every switch intended to be used for breaking a circuit and every circuit-breaker shall be so constructed that it cannot with proper care be left in partial contact. This applies to each pole of double-pole or multi-pole switches or circuit-breakers.

    (2) Every switch intended to be used for breaking a circuit and every circuit-breaker shall be so constructed that an arc cannot accidentally be maintained.

10.    Fuses and automatic circuit-breakers

    (1) Every fuse, and every automatic circuit-breaker used instead of it, shall be so constructed and arranged as effectively to interrupt the current before it so exceeds the working rate as to involve danger and it shall be of such construction or be so guarded or placed as to prevent danger from over-heating, or from arcing or the scattering of hot metal or other substance when it comes into operation.

    (2) Every fuse shall be either of such construction or so protected by a switch that the fusible metal may be readily renewed without danger.

11.    Joints and connections

    Every electrical joint and connection shall be of proper construction as regards conductivity, insulation, mechanical strength and protection.

12.    Provision of means for cutting off pressure

    Efficient means, suitably located, shall be provided for cutting off all pressure from every part of a system, as may be necessary to prevent danger.

13.    Protection from excess current

    Efficient means, suitably located, shall be provided for protecting from excess of current every part of a system, as may be necessary to prevent danger.

14.    Placing of single-pole switches

    Where one of the conductors of a system is connected to earth, no single-pole switch, other than a link for testing purposes or a switch for use in controlling a generator, shall be placed in that conductor or any of its branch but a switch, or automatic or other cut-out may, however be placed in the connection between the conductor and earth at the generating station, for use in testing and emergencies only.

15.    Earthing of bare neutral conductors

    Where one of the main conductors of a system is bare and uninsulated, such as a bare return of a concentric system, no switch, fuse or circuit breaker shall be placed in that conductor or in any conductor connected to it, and that conductor shall be earthed.

    Nevertheless, switches, fuses or circuit-breakers may be used to break the connection with the generators or transformers supplying the power:

     Provided that in the case of a bare conductor the connection of that conductor with earth is not thereby broken.

16.    Means of cutting of pressure from motors, converters and transformers

    Every motor, converter and transformer shall be protected by efficient means suitably placed, and so connected that all pressure may thereby be cut off from the motor, converter or transformer as the case may be, and from all apparatus in connection with it:

    Provided, however, that where one point of the system is connected to earth, there shall be no obligation to disconnect on that side of the system which is connected to earth.

17.    Switches for control of electrical motors

    (1) Every electrical motor shall be controlled by an efficient switch or switches for starting and stopping, so placed as to be easily worked by the person in charge of the motor.

    (2) In every place in which machines are being driven by any electric motor there shall be means at hand for either switching off the motor or stopping the machines if necessary to prevent danger.

18.    Portable apparatus

    (1) Every flexible wire for portable apparatus shall be connected to the system either by efficient permanent joints or connections, or by a properly constructed connector.

    (2) In all cases where the person handling portable apparatus or pendant lamps with switches would be liable to get a shock through a conducting floor or conducting work or otherwise, if the metal work of the portable apparatus became charged, the metal work must be efficiently earthed; and any flexible metallic covering of the conductors shall be itself efficiently earthed and shall not itself be the only earth connection for the metal of the apparatus, and a lampholder shall not be in metallic connection with the guard or other metal work of a portable lamp.

    (3) The portable apparatus and its flexible wire shall be controlled by efficient means suitably located, and capable of cutting off the pressure, and the metal work shall be efficiently earthed independently of any flexible metallic cover of the conductors, and that flexible covering shall itself be independently earthed.

19.    General arrangement of switch-boards

    The general arrangement of switchboards shall, so far as reasonably practicable be such that–

    (a)    all parts which may have to be adjusted or handled are readily accessible;

    (b)    the course of every conductor may where necessary be readily traced;

    (c)    conductors not arranged for connection to the same system are kept well apart, and can where necessary be readily distinguished;

    (d)    all bare conductors are so placed or protected as to prevent danger from accidental short circuit.

20.    Switch-boards having exposed bare conductors

    (1) Every switchboard having bare conductors normally so exposed that they may be touched, shall, if not located in an area or areas set apart for the purposes where necessary be suitably fenced or enclosed.

    (2) No person except an authorised person, or a person acting under his immediate supervision, shall for the purpose of carrying out his duties have access to any part of an area so set apart.

21.    Placing of switchboard apparatus, etc.

    All apparatus appertaining to a switchboard and requiring handling shall so far as practicable be so placed or arranged as to be operated from the working platform of the switchboard, and all measuring instruments and indicators connected with it shall, so far as practicable, be so placed as to be observed from the working platform, and if such apparatus be worked or observed from any other place, adequate precautions shall be taken to prevent danger.

22.    Switch-board working platforms and passage-ways

    (1) At the working platform of every switchboard and in every switchboard passage-way, if there are bare conductors exposed or arranged to be exposed when live so that they may be touched, there shall be a clear and unobstructed passage of ample width and height, with a firm and even floor; and adequate means of access, free from danger, shall be provided for every switchboard passage-way.

    (2) The following provisions shall apply to all the switchboard working platforms and passage-ways constructed after January 1st, 1957, unless the bare conductors, whether overhead or at the sides of the passage-ways, are otherwise adequately protected against danger by divisions or screens or other suitable means:

    (a)    Those constructed for low pressure and medium pressure switchboards shall have a clear height of not less than 2.14 metres and a clear width measured from bare conductors of not less than 0.92 metres *;

    (b)    those constructed for high pressure and extra high pressure switchboards, other than operating desks or panels working solely at low pressure, shall have a clear height of not less than 2.44 metres, and a clear width measured from bare conductor of not less than 1.07 metres;

    (c)    bare conductors shall not be exposed on both sides of the switchboard passage-way unless either–

        (i)    the clear width of the passage is in the case of low pressure and medium pressure not less than 1m 16 cm and in the case of high pressure and extra high pressure not less than 2.44 m in each case measured between bare conductors; or

        (ii)    the conductors on one side are so guarded that they cannot accidentally be touched.

23.    Switchboards for high pressure or extra high pressure

    In every switchboard for high pressure or extra high pressure–

    (a)    every high pressure and extra high or pressure conductor within reach from the working platform or in any switchboard passage-way shall be so placed or protected as adequately to prevent danger;

    (b)    the metal cases of all instruments working at high pressure or extra high pressure shall either be earthed or completely enclosed with insulating covers;

    (c)    all metal handles of high pressure and extra high pressure switches, and, where necessary to prevent danger, all metal gear for working the switches, shall be earthed;

    (d)    when any work is done on any switchboard for high pressure or extra high pressure the switchboard shall be made dead unless–

        (i)    the section of the switchboard on which the work is done (hereinafter referred to as "the relevant section") is made dead and every other section which is live is either–

            (1)    so separated from the relevant section by permanent or removable divisions or screens as not to be a source of danger to persons working on the relevant section; or

            (2)    in such a position or of such construction as to be as safe as if so separated; or

        (ii)    the switchboard itself is so arranged as to secure that the work is done without danger without taking any of the precautions aforesaid.

24.    Protection of high pressure and extra high pressure apparatus

    All parts of generators, motors, transformers, or other similar apparatus, at or extra high pressure, which are within reach from any position where a person employed may require to be, shall so far as is reasonably practicable, be so protected as to prevent danger.

25.    Precautions against accidental charging above normal working pressure

    Where a high pressure or extra high pressure supply is transformed for use at a lower pressure, or energy is transformed up to above low pressure, suitable provision shall be made to guard against danger by reason of the lower pressure system becoming accidentally charged above its normal pressure by leakage or contact from the higher pressure system.

26.    Precautions against accidental charging of metal other than conductors

    Where necessary to prevent danger, adequate precautions shall be taken either by earthing or by other suitable means to prevent any metal other than the conductor from becoming electrically charged.

27.    Precautions against accidental charging of apparatus

    Adequate precautions shall be taken to prevent any conductor or apparatus from being accidentally or inadvertently electrically charged when persons are working on it.

28.    Provision of insulating stands or screens

    Where necessary adequately to prevent danger, insulating stands or screens shall be provided and kept permanently in position, and shall be maintained in sound condition.

29.    Provision and use of portable insulating devices

    Portable insulating stands, screens, boots, gloves, or other suitable means shall be provided and used when necessary adequately to prevent danger, and shall be periodically examined by an authorised person.

30.    Safe working space and means of access

    Adequate working space and means of access, free from danger, shall be provided for all apparatus that has to be worked or attended to by any person.

31.    Lights

    All those parts of premises in which apparatus is placed shall be adequately lighted to prevent danger.

32.    Protection against exposure

    All conductors and apparatus exposed to the weather, wet, corrosion, inflammable surroundings or explosive atmosphere, or used in any process or for any special purpose other than for lighting or power, shall be so constructed or protected, and such special precautions shall be taken, as may be necessary adequately to prevent danger in view of such exposure or use.

33.    Only authorised and competent persons to undertake certain work

    (1) No person except an authorised person or a competent person acting under his immediate supervision shall undertake any work where technical knowledge or experience is required in order adequately to avoid danger; and no person shall work alone in any case in which the Chief Inspector directs that he shall not; and no person except an authorised person, or a competent person over the apparent age of 21 years acting under his immediate supervision, shall undertake any repair, alteration, extension, cleaning, or such work where technical knowledge or experience is required in order to avoid danger, and no one shall do such work unaccompanied.

    (2) Where a contractor is employed, and the danger to be avoided is under his control, the contractor shall appoint the authorised person, but if the danger to be avoided is under the control of the occupier, the occupier shall appoint the authorised person.

34.    Instructions as to treatment for electric shock

    The instructions set out in the Schedule to this Order as to the treatment of persons suffering from electric shock shall be affixed in all premises where electrical energy is generated, transformed, or used above low pressure; and in such premises, or classes of premises, in which electrical energy is generated, transformed, or used at low pressure, as the Chief Inspector may direct.

35.    Construction, etc., of substations

    Every substation shall be substantially constructed, and shall be so arranged that no person other than an authorised person can obtain access to it otherwise than by the proper entrance, or can interfere with the apparatus or conductors in it from outside; and, shall be provided with efficient means of ventilation and be kept dry.

36.    Control of substations

    Every substation shall be under the control of an authorised person, and none but an authorised person or a person acting under his immediate supervision shall enter any part of it where there may be danger.

37.    Means of access to substations

    Every underground substation not otherwise easily and safely accessible shall be provided with adequate means of access by a door or trap door, with a staircase or ladder securely fixed and so placed that no live part of any switchboard or any bare conductor shall be within reach of a person on it:

    Provided, however, that the means of access to that substation shall be by a doorway and staircase–

    (a)    if any person is regularly employed in it, otherwise than for inspection or cleaning; or

    (b)    if the substation is not of ample dimensions and there is in it either moving machinery other than ventilating fans, or high pressure or extra high pressure.

38.    Continuity polarity and Insulation Tests

    (1) There should be periodical tests for continuity, polarity and insulation carried out by a competent person in every factory, section of a factory or any work place where these rules are applicable, at least once in a period of two months.

    (2) The general tests for continuity, polarity and insulation shall be carried out by an authorised Electrical Inspector who will issue a certificate specifying the electrical repairs required and period within which they should be executed in every period of twelve months after the last tests, and a follow-up inspection may follow if an authorised Electrical Inspector finds it to be necessary within a period of five months counted from the date of last tests.

    (3) The owner or occupier of a factory is obliged to report to the Chief Inspector when a period of twelve months has already passed from the date of last tests and new tests shall be carried, within thirty days after the period of twelve months has elapsed.

39.    Log-book of insulation tests and report on continuity and tests

    (1) There shall be kept in every factory (place of work) or section of a factory if a factory is big, a log-book of insulation tests which will show clearly when the last test was done, shall always be available for inspection by an Electrical Inspector. In the polarity log-book the date, insulation resistance (megaohms), weather condition, time of test and other remarks shall be clearly indicated there.

    (2) The owner or occupier of factory shall send or give to the Inspector such information, extracts or samples from the log-book of insulation tests or elsewhere as the Inspector may from time to time require for the purpose of the execution of his duties under this Rule.

40.    Plans of new electrical installations in a factory, power station, sub-station etc.

    Where under the provisions of any other law for the time being in force in the United republic, plans of electrical installations in a factory, power station, or substation are submitted to any local government authority, the authority shall, before approving such plans, forward copies to the Chief Inspector and, notwithstanding the provisions of that other law, shall not approve the plans until notified by the Chief Inspector that the installation is safe and free from danger and suitable to be used for the nature proposed.

41.    Operation of new factories and expansions (extensions) of factories

    A new factory or any expansion (extension) of a factory is not allowed to be in operation unless the Chief Inspector is satisfied that all conductors and apparatus (in that factory) are constructed, installed and protected as to prevent danger, that all single-pole switches are inserted in live conductors only and that wiring is either completely enclosed in metal which is electrically continuous or alternatively so constructed, metalled and protected as to prevent danger; this includes continuity, polarity and insulation tests which can be carried out by an authorised electrical inspector.

42.    Notification of commencement or taking over of operations of works

    (1) A main contractor shall, within seven days of commencing or undertaking electrical installations, operations or works of electrical engineering, notify the Chief Inspector in writing of–

    (a)    the contractor's name and postal address;

    (b)    the address or locations of the site of the installation, operation or works;

    (c)    the date of commencement;

    (d)    the expected date of completion;

    (e)    the types of power used rather than electrical;

    (f)    the number of persons expected to be employed.

    (2) The Chief Inspector may, upon receipt of the notice require more information to be supplied.

    (3) The Chief Inspector may order the contractor to stop his operations of works on electrical installations, operations or works of electrical engineering if he (the Chief Inspector) finds out otherwise rather than by contractor's notification, that the contractor has commenced the work without informing him as required under these Rules.

43.    Electrical accidents

    All electrical accidents resulting in death, injuries, unconsciousness, damage of properties, machineries or equipments and occurrence of fire at any place where these rules are applicable shall be reported to the Chief Inspector of factories or the nearest Labour Office by the occupier, owner, Manager, Director, Engineer, Supervisor or any other person under his immediate supervision within twenty four hours.

44.    Special examination, tests and inspection

    Where the occupier wants an electrical Inspector to carry out special examinations, tests or inspections in the occupier's premises or his (occupier's) electrical equipments, apparatus or material to be examined, tested or inspected by the Electrical Inspector in the electrical inspectorate's laboratory the occupier then shall have to bear the whole of the expenses claim including travelling expenses of the Electrical Inspector.

45.    Duty of contractor to ensure health and safety

    (1) Every Contractor shall comply with the requirements of these Rules designed to ensure safety and welfare of all persons engaged in electrical installations, operations or works of electrical engineering undertaken by him or in any activity incidental to and at the site of the electrical installations operations or works of electrical engineering.

    (2) Whenever two or more contractors with people employed occupy a site at the same time they shall co-operate to ensure safe working conditions.

SCHEDULE
TREATMENT FOR ELECTRIC SHOCK

THE ELECTRICITY (FACTORIES ACT) RULES, 1955

(Rule 34)

    Every employee in the establishment is required to make himself familiar with the instructions given below. They can only be followed capably by those who have studied and practiced them beforehand.

Note – The following doctors or hospitals are within easy reach of these premises–


Name


Address


Telephone No.
















    Removal from Contact.– If the person is still in contact with the apparatus that has given him the shock, the rescuer should, if possible, stand on a dry wooden board while removing the victim. Otherwise he should be pulled free by using a dry coat, dry rope, rubber mat or any other dry mat handy.

1. Expiration (Pressure Applied)

2. Inspiration (Pressure Relaxed)

    Preliminary Steps. – Extinguish any sparks if the patient's clothes are smoldering, ascertain if he is breathing and send for a doctor. If apparently not breathing proceed as follows:

    To Treat Patient. – If there are any burns avoid, if possible, so placing the patient as to bring pressure upon them. It is far preferable to operate as in Diagrams 1 and 2 with the face down ward. If he is badly burnt in front use the alternative method.

    BEST METHOD

    First Motion. – Observe Diagram 1 Expiration. Kneel over the patient, place the hands in the small of his back, let your thumbs nearly touch, spread your fingers on each side over his lower ribs as in the first diagram.

    Now lean firmly but gently forward over patient, exerting a steady pressure downward, still following the first diagram. Second Motion.– Observe Diagram 2 Inspiration. Rock yourself gently backwards, but do not remove your hands. Merely keep them in position for the next expiration pressure.

    Continue these two movements. The double movement should be gone through about fifteen times per minute. The object is to keep expanding and contracting the patient's lungs so as to imitate slow breathing. If the operator himself breathes slowly, letting the air out as he presses forward and drawing it in as he rocks backwards he will naturally arrive at the proper rate, and will understand the reason for the movements. Do not cease operations until natural breathing is re-established. It may take half an hour, or even longer, to produce any effects.

3. Inspiration (Chest expanded)

4. Expiration (Chest Compressed)

    ALTERNATIVE METHOD

    Should it be expedient to place the patient on his back, first loosen the cloth round the chest and stomach. Then place a rolled-up coat, or other improvised pillow, beneath the shoulders so that the head falls backwards. The tongue should then be drawn forward.

    First Motion. – The operator must kneel in the position shown by Figure 3, grasp the patient just below the elbows, and draw his arms over his head until horizontal, retaining them there for about two seconds.

    Second Motion. – Next bring the patient's arms down on each side of his chest and press inwards upon it, leaning upon his arms so as to compress the chest as in Figure 4. Remain thus for two seconds, and then keep repeating the two motions at the same rate.

    Note. – The lung inflating effect in Figure 3 is much assisted if the arms are swung outwards as they are lifted.

    If more than one person are present, the patient's tongue should also be drawn out during each outward or lung inflating stroke (Figure 3) and release during each inward or lung deflating stroke (Figure 4).

    General. – Be careful to avoid violent operation as injury to the internal organs may result from excessive and sudden pressure.

    Upon Recovery. – Burns if serious, should be treated with a proper dressing. Avoid exposing patient to cold. Administer no restoratives until the doctor comes. Cold water may be drunk and smelling salts supplied in moderation.

THE WOODWORKING MACHINERY RULES

(Section 55)

[20th November, 1959]

G.N. No. 253 of 1959

PART I
PRELIMINARY PROVISIONS (rules 1-4)

1.    Title

    These Rules may be cited as the Woodworking Machinery Rules.

2.    Application

    These Rules shall apply to all factory premises or parts of it in which woodworking machinery is used.

3.    Duties

    (1) It shall be the duty of the occupier of all factory premises to which these Rules apply to comply with Part I of these Rules.

    (2) It shall be the duty of all persons employed on a woodworking machine in factory premises to which these Rules apply to observe Part II of these Rules.

4.    Interpretation

    In these Rules–

    "circular saw" means a circular saw working in a bench (including a rack bench) for the purpose of ripping, deep cutting or cross cutting;    

    "plain band saw" means a band saw, other than a log or band re-sawing machine, the cutting portion of which runs in a vertical direction;

    "planing machine" includes a machine for overhand planning or thicknessing;

    "woodworking machine" includes a circular saw, plain band saw, planing machine, vertical spindle moulding machine, chain mortising machine and routing machine operating on wood.

PART II
WOODWORKING REQUIREMENTS AND PRECAUTIONS (rules 5-19)

5.    Floors

    The floor of every saw mill, joinery shop or other place in which woodworking machines are used shall be constructed of concrete or wood and shall be level and of sound construction and properly maintained; and the floor surrounding every woodworking machine shall be maintained in good and level condition and as far as practicable free from chips and other loose material and shall not be allowed to become slippery.

6.    Lighting

    Adequate means of lighting whether natural or artificial shall be provided for every woodworking machine and in the case of artificial lighting it shall be so placed or shaded to prevent direct or reflected glare. When the natural light at any woodworking machine is inadequate and can be improved by the provision of additional windows or roof lights not involving serious structural alterations, the occupier shall take action to improve the natural lighting.

7.    Training

    (1) Every person while being trained to work a woodworking machine shall be fully and carefully instructed as to the dangers arising in connection with such machines and the precautions to be taken in their operation.

    (2) No person shall be employed at woodworking machine unless he has been sufficiently trained to work that class of machine or unless he works under the supervision of a person who has a thorough knowledge of the working of the machine.

8.    Circular saws

    Every circular saw shall be fenced to the following standard–

    (a)    the part of the saw below the bench table shall be protected by two plates of metal or other suitable material situated one at each side of the saw; such plates shall not be more than six inches apart and shall extend from the axis of the saw outward to a distance of not less than two inches beyond the teeth of the largest saw used; and the metal plates shall be strong and rigid;

    (b)    behind and in direct line with the saw there shall be fitted a suitable riving knife which shall have a smooth surface and shall be strong, rigid and easily adjustable. It shall also comply with the following conditions–

        (i)    the edge of the riving knife nearest the saw shall form an arch of a circle having a radius not exceeding the radius of the largest saw used in the bench;

        (ii)    the riving knife shall be maintained as close as practicable to the saw having regard to the nature of the work being done, and at the level of the bench table the distance between the front edge of the riving knife and the teeth of the saw shall not exceed half an inch;

        (iii)    for a circular saw of a diameter of less than twenty-four inches the knife shall extend upwards from the bench table to within one inch of the top of the saw and for a saw of a diameter greater than twenty-four inches shall extend upwards from the bench table to a height of at least nine inches;

    (c)    the top of the saw shall be covered by a strong and easily adjustable guard with a flange at the side of the saw farthest from the fence, the guard shall be kept so adjusted that the said flange shall extend below the roots of the teeth of the saw, and the guard shall extend from the top of the riving knife to a point as low as practicable to the cutting edge of the saw.

9.    Push stick

    A suitable push stick or other device shall be kept available for use at the bench of every circular saw which is fed by hand, to enable the work to be carried out without unnecessary risk.

10.    Band saws

    Every plain band saw shall be guarded as follows:

    (a)    both sides of the bottom pulley shall be completely encased by sheet metal or other suitable material;

    (b)    all portions of the blade shall be enclosed or otherwise securely guarded, except the portion of the blade between the bench table and the top guide.

11.    Planing machines

    Every planing machine used for overhand planing shall be provided with an efficient "bridge" guard capable of covering the full length and breadth of the cutting gap in the bench and shall be so constructed as to be easily adjusted both in a vertical and horizontal direction; and a cover guard shall be provided for the part of the cutter situated at the back of the guide fence.

12.    Restriction on overhand planing

    No planing machine which is not mechanically fed shall be used for overhand planing unless it is fitted with a cylindrical cutter block.

13.    Feed rollers

    The feed roller of every planing machine used for the thicknessing, except the combined machine for overhand planing and thicknessing, shall be provided with an efficient guard.

14.    Cutters

    The cutter of every vertical spindle moulding machine shall be provided with the most efficient guard having regard to the nature of the work which is being carried out.

15.    Vertical spindle moulding machine

    For any work which cannot be carried out with an efficient guard for the cutter, the wood being moulded shall, if practicable, be held in a jig or holder of such construction as to reduce as far as possible the risk of accident to the operator.

16.    Spike or push stick

    A suitable "spike" or push stick shall be kept available for use at the bench of every vertical spindle moulding machine.

17.    Routing machine

    The cutter or bit of every routing machine shall, when practicable, be provided with a guard capable of adjustment in a vertical direction; and for operations which cannot be carried out with an efficient guard in position, the wood being routed should if practicable, be held in a jig or holder so constructed as to reduce as far as possible the risk of accident to the operator.

18.    Chain mortising machines

    The chain of every chain mortising machine shall be provided with a guard which shall enclose the cutters as far as is practicable.

19.    Use of guards or appliances

    The guards and other appliances required by these Rules shall be maintained in an efficient state and shall be constantly kept in position while the machinery is in motion, except when owing to the nature of the work being done, the use of the guards or appliances is rendered impracticable; the guards shall be kept so adjusted as to enable the work to be carried on without unnecessary risk.

PART III
DUTIES OF PERSONS EMPLOYED ON WOODWORKING MACHINES (rule 20)

20.    Duties of employed persons

    Every person employed on a woodworking machine shall–

    (a)    use and maintain in proper adjustment the guards provided in accordance with these Rules;

    (b)    use the spikes, push sticks, jigs or holders provided in compliance with these Rules,

except when, owing to the nature of the work being done, the use of the guards or other appliances is rendered impracticable.

THE DOCKS RULES

ARRANGEMENT OF RULES

    Rule

Title

PART I
PRELIMINARY PROVISIONS

    1.    Short title.

    2.    Application.

    3.    Interpretation.

    4.    Classification of ship.

    5.    Exemptions.

    6.    Duties.

PART II
FACILITIES ON SHORE

    7.    Means of approach over dock, wharf or quay.

    8.    Lighting.

    9.    Means of rescue from drowning.

    10.    First-aid boxes and cupboards.

    11.    Stretchers.

    12.    Provision of ambulance.

    13.    Ambulance rooms.

    14.    Notices as to first-aid appliances.

    15.    Sanitary conveniences and washing facilities.

    16.    Drinking water.

PART III
GENERAL PROVISIONS AS TO SAFETY ON BOARD SHIP

    17.    Means of access from ship to shore and shore to ship.

    18.    Means of access from ship to ship.

    19.    Means of access to holds, etc.

    20.    Lifting gear for hatch beams.

    21.    Marking of hatch coverings and hatch beams.

    22.    Maintenance of hatch beams, etc.

    23.    Provision of hand grips, etc., on hatch coverings.

    24.    Working space around hatches.

    25.    Lighting of ships.

PART IV
LIFTING MACHINERY, PLANT AND EQUIPMENT

    26.    Lifting machinery.

    27.    Lifting tackle.

    28.    Ropes.

    29.    Competent persons.

    30.    Register of lifting machinery and lifting tackle.

    31.    Marking of safe working loads on pulley blocks.

    32.    Marking of safe working loads on slings.

    33.    Marking of safe working loads on cranes and derricks.

    34.    Fencing of machinery and plant.

    35.    Special provisions regarding conveyors.

    36.    Stability of lifting appliances.

    37.    Cranes and winches - prevention of accidental descent of load.

    38.    Access to and fencing of crane platforms.

    39.    Steam cranes and winches.

    40.    Precautions with respect to the use of chains and ropes.

    41.    Pallets and cargo trays.

PART V
PROVISIONS AS TO SHIPS OF CLASSES 2 AND 3

    42.    Keeping of registers, etc., by Class 2 ships.

    43.    Requirements on first visits of Class 3 ships.

PART VI
GENERAL PRECAUTIONS IN CONDUCTING THE PROCESSES

    44.    Disposition of goods on a wharf or quay.

    45.    Use of deck-stages, hand trucks, etc.

    46.    Fencing or covering of hatches.

    47.    Securing of hatch beams and coverings.

    48.    Work at intermediate decks.

    49.    Work on skeleton decks.

    50.    Stacking of cargo.

    51.    Means of escape from holds, etc.

    52.    Restrictions on use of hooks.

    53.    Use of signallers.

    54.    Overloading of machinery, and use of coupled derricks.

    55.    Drivers of cranes or winches, and signallers.

    56.    Ventilation.

    57.    Precautions where dangerous fumes are liable to be present.

    58.    Protection against dust.

    59.    Provision of protective clothing.

    60.    Transport to or from a ship by water.

PART VII
GENERAL DUTIES AS TO USE AND MAINTENANCE OF SAFETY APPLIANCES, ETC.

    61.    Prohibition of removal of or interference with safety appliances.

    62.    Prohibition of removal of fencing.

    63.    Use of means of access.

    64.    Prohibition as to going on beams.

    65.    Prohibition as to riding on conveyors.

PART VIII
SPECIAL DUTIES

    66.    Duty of master or officer in charge of a ship with respect to holds, etc., which have been fumigated.

    67.    Duty of employers of persons employed with respect to use of machinery, etc.

    68.    Duty of employers of persons employed with respect to means of access and lighting.

    69.    Prescribed register.

SCHEDULES

THE DOCKS RULES

[1st December, 1962]

G.N. No. 444 of 1962

PART I
PRELIMINARY PROVISIONS (rules 1-6)

1.    Short title

    These Rules may be cited as the Docks Rules.

2.    Application

    Save as is provided in the Rules, these Rules shall apply to the processes of loading, unloading, moving and handling goods in, on, or at any dock, wharf or quay in any port or harbour specified in the First Schedule to these Rules and to the processes of loading and unloading of any ship in any such port or harbour.

3.    Interpretation

    In these Rules, unless the context requires otherwise–

    "coupled derricks" has the same meaning as "married gear" and "Union Purchase";

    "the Docks Regulations of Great Britain" means the Docks Regulations, 1934, being Statutory Rules and Order No. 279, 1934, made under the Imperial Factory and Workshop Act, 1901, and includes any regulations amending or superseding those Regulations;

    "hatch" means an opening in a deck used for the purpose of the processes or for trimming, or for ventilation;

    "hatchway" means the whole space within the square of the hatches, from the top deck to the bottom of the hold;

    "lifting machinery" means masts and mast stays, cranes, winches, hoists, derrick booms, derrick and mast bands, goose necks, eye-bolts, and all other permanent attachments to the derricks, masts and decks, used in hoisting or lowering in connection with the processes;

    "person employed" means a person employed in the processes;

    "processes" means the processes mentioned in rule 2 of these Rules, or any of them;

    "pulley block" means pulley, block, gin and similar gear, other than a crane block specially constructed for use with a crane to which it is permanently attached;

    "plant" includes any gangway, ladder, cargo stage, deck stage, hatch covering or hatch beam;

    "ship" includes every description of vessel used in navigation not propelled by oars;

    "vessel" includes any ship or boat, or any other description of vessel used in navigation.

4.    Classification of ships

    For the purposes of these Rules, ships shall be divided into three classes as follows:

Class 1.

    Ships registered in Tanzania including any ships plying on Lake Victoria or Lake Tanganyika.

Class 2.

    Ships on board of which the lifting machinery and plant complies with–

    (a)    regulations made by the Government of the country where the ship is registered if they are, in the opinion of the Chief Inspector, substantially equivalent to these Rules; or

    (b)    in the case of ships registered in a country in which no regulations in the matter have been made by the Government, regulations made by any corporation or association for the survey of ships recognised for that purpose by the Government of that country if they are, in the opinion of the Chief Inspector, substantially equivalent in their requirements to these Rules.

Class 3.

    All other ships.

5.    Exemptions

    (1) Nothing in rules 19(2) and 19(3) and nothing in Part IV shall apply to machinery or plant carried on board–

    (a)    a ship of Class 2; or

    (b)    a ship of Class 3 visiting a Tanzanian port for the first and second time after the coming into operation of these Rules:

            Provided that this exemption shall not apply on the occasion of the second visit if the period between the visits exceed six weeks.

    (2) Nothing in Parts III to VIII inclusive of these Rules shall apply to the unloading of fish from a ship employed in the catching of fish.

    (3) Nothing in rules 17, 18, 19, 20, 21, 23, 24, 46(1) and 64 shall apply to a barge or lighter.

    (4) Nothing in these Rules shall apply to the loading or unloading of warships when the loading or unloading is undertaken solely by members of the armed forces.

6.    Duties

    (1) It shall be the duty of the person having the general management and control of a dock, wharf or quay, to comply with Part II of these Rules:

    Provided that–

    (a)    if any other person has the exclusive right to occupation of any part of the dock, wharf or quay, and has the general management and control of that part, the duty in respect of that part shall devolve upon that other person; and

    (b)    it shall be the duty of the employer of the persons employed to comply with the provisions of rule 16 of these Rules in so far as they apply to persons employed on board a ship not lying at a wharf or quay.

    (2) It shall be the duty of the owner, master or officer in charge of a ship to comply with Part III of these Rules.

    (3) It shall be the duty of the owner of machinery or plant to comply with Part IV of these Rules.

    (4) It shall be the duty of the master of a ship on which machinery or plant is carried to comply with Part IV of these Rules.

    (5) It shall be the duty of the person who by himself, his agents or workmen carries on the processes to comply with the provisions of rule 36(3) so far as they relate to the stability of any mobile crane used by him and under his control.

    (6) It shall be the duty of the master or officer in charge of a ship to comply with Part V of these Rules.

    (7) It shall be the duty of every person who by himself, his agents or workmen carries on the processes, and all agents, workmen, and persons employed by him in the processes, to comply with Part VI of these Rules:

    Provided that, where the processes are carried on by a stevedore or other person other than the owner of the ship, it shall be the duty of the owner, master or officer in charge of the ship to comply with rule 46, so far as it concerns–

    (a)    any hatch not taken over by the said stevedore or other person for the purpose of the processes;

    (b)    any hatch which, after having been taken over by the said stevedore or other person for the purpose of the processes, being a hatch at which the processes have been completed or completed for the time being, has been left by the said stevedore fenced or covered as required by rule 46, or has been taken into use by or on behalf of the owner of the ship; and

    (c)    the covering of any hatch fitted with a mechanically operated cover the control of which is solely within the responsibility of the owner, master or officer in charge of the ship.

    (8) It shall be the duty of all persons, whether owners, occupiers or persons employed, to comply with Part VII of these Rules.

    (9) Part VIII of these Rules shall be complied with by the persons on whom the duty is placed in that Part.

PART II
FACILITIES ON SHORE (rules 7-16)

7.    Means of approach over dock, wharf or quay

    Every regular approach over a dock, wharf or quay which persons employed have to use for going to or from a working place at which the processes are carried on and that working place on shore shall be maintained with due regard to the safety of the persons employed. In particular:

    (a)    the following parts shall, as far as is practicable having regard to the traffic and working, be securely fenced so that the height of the fence shall be in no place less than three feet, and the fencing shall be maintained in good condition ready for use:

        (i)    all breaks, dangerous corners, and other dangerous parts or edges of a dock, wharf, or quay; and

        (ii)    both sides of the footway over bridges, caissons, and dock gates as are in general use by persons employed, and each side of the entrance at each end of such footway for a sufficient distance which need not exceed five yards; and

        (iii)    the edges of all ditches, pits, dangerous openings and excavations, provided that such fencing shall not be required if secure covering is provided and maintained;

    (b)    the edge or coping of every dock, wharf or quay shall be properly maintained.

8.    Lighting

    All places on shore at which persons employed are employed and any dangerous parts of the regular road or way over a dock, wharf or quay forming the approach to any that place from the nearest highway, shall be efficiently lighted.

9.    Means of rescue from drowning

    Provision for the rescue from drowning of persons employed shall be made and maintained, and shall include–

    (a)    a sufficient number of lifebuoys kept in readiness on the dock, wharf or quay and spaced not more than two hundred feet apart; each lifebuoy shall be adequately protected from exposure to the weather; and

    (b)    effective means at or near the surface of the water, at reasonable intervals, for enabling a person immersed to support himself, which shall be reasonably adequate having regard to all the circumstances; and

    (c)    suitable vertical ladders extending from the water to the edge or coping of the dock, wharf or quay and spaced not more than one hundred and fifty feet apart (or at any greater intervals which the Chief Inspector may by certificate in writing approve) to enable a person to escape from the water.

10.    First-aid boxes and cupboards

    (1) A sufficient number of first-aid boxes or cupboards to the standard set out in the Factories (Prescription of Standard of First-Aid Equipment) Order, 1958, should be provided at every working place and, if more than one is provided, at reasonable distances from each other.

    (2) Nothing except appliances or requisites for first-aid shall be kept in a first-aid box or cupboard.

    (3) A first-aid box or cupboard shall be kept stocked and in good order and shall be placed under the charge of a responsible person who shall always be readily available during working hours, and that person shall, except at docks, wharves or quays at which the total number of persons employed at any time does not exceed fifty, be a person proficient in first-aid.

11.    Stretchers

    There shall be provided and maintained at every dock, wharf or quay and so as to be readily accessible, a sufficient number of stretchers so constructed as to enable an injured person to be raised from a hold and further transported in a safe manner.

12.    Provision of ambulance

    There shall be provided for use at every dock, wharf or quay at which the total number of persons employed at any time exceeds fifty, a suitably constructed motor ambulance maintained in good condition, for the purpose of the removal of serious cases of accident or sickness and, if those cases have to be removed by water, a suitably equipped boat propelled by mechanical power, unless arrangements have been made for obtaining a carriage or boat when required from a hospital or other place situated not more than three miles (or at any greater distance which the Chief Inspector may by certificate in writing approve) from the dock, wharf or quay and in telephonic communication with it.

13.    Ambulance rooms

    (1) There shall be provided and maintained at every dock, wharf or quay at which the total number of persons employed at any time exceeds two hundred, a suitable ambulance room which shall be placed under the charge or a person proficient in first-aid, who shall always be readily available during working hours.

    (2) The Chief Inspector may by certificate in writing exempt that a dock, wharf or quay from the requirements of rule 10 relating to first-aid boxes and cupboards to any extent and subject to any conditions which he may specify in the certificate.

14.    Notices as to first-aid appliances

    Notice shall be exhibited in prominent positions at every dock, wharf or quay stating–

    (a)    the position of each first-aid box and the place where the person in charge thereof can be found;

    (b)    the position of each stretcher; and

    (c)    the position of the ambulance carriage and boat or, where it is not provided, the position of the nearest telephone and the name and telephone number of the hospital or other place from which the carriage or boat may be obtained.

15.    Sanitary conveniences and washing facilities

    There shall be provided, maintained and kept clean at every dock, wharf or quay so as to be readily accessible to the persons employed–

    (a)    a sufficient number of suitable sanitary conveniences in respect of which effective provision shall, if practicable, be made to provide adequate lighting; and

    (b)    adequate and suitable washing facilities.

16.    Drinking water

    An adequate supply of wholesome drinking water shall be provided and maintained at suitable points conveniently accessible to all persons employed. A drinking water supply shall, in those cases which an inspector may direct, be clearly indicated by a notice in Kiswahili, English and in any other languages which the inspector may require.

PART III
GENERAL PROVISIONS AS TO SAFETY ON BOARD SHIP (rules 17-25)

17.    Means of access from ship to shore and shore to ship

    If a ship is lying at a wharf or quay for the purpose of loading or unloading, there shall be safe means of access for the use of persons employed at any times which they have to pass from the ship to the shore or from the shore to the ship as follows:

    (a)    where reasonably practicable, the ship's accommodation ladder or a gangway or a similar construction not less than twenty-two inches wide, properly secured, and fenced throughout on each side to a clear height of two feet nine inches by means of upper and lower rails, taut ropes or chains or by other equally safe means;

    (b)    in other cases, a ladder of sound material and adequate length which shall be properly secured to prevent slipping:

    Provided that–

    (i)    nothing in this rule shall be held to apply to cargo stages or cargo gangways if other proper means of access is provided in conformity with these Rules; and

    (ii)    as regards any ship not exceeding 200 tons net registered tonnage this rule shall not apply if and while the conditions are such that it is possible without undue risk to pass to and from the ship without the aid of any special appliances.

18.    Means of access from ship to ship

    If a ship is alongside any other ship, and persons employed have to pass from one to the other, safe means of access shall be provided for their use, unless the conditions are such that it is possible to pass from one to the other without undue risk without the aid of any special appliance; and if one of those ships is a ship of relatively low freeboard, the means of access shall be provided by the ship which has the higher freeboard.

19.    Means of access to holds, etc.

    (1) If the depth from the level of the deck to the bottom of the hold exceeds five feet, there shall be maintained safe means of access from the deck to the hold in which work is being carried on.

    (2) Save as is provided, in this section, the access shall be afforded by ladder, and by ladder cleats or cups on the coamings, and shall not be deemed to be safe–

    (a)    unless the ladders between the lower decks are in the same line as the ladder from the top deck, if the same is practicable having regard to the position of the lower hatch or hatches;

    (b)    unless the ladders provide a foothold of a depth including any space behind the ladder of not less than 4½ inches for a width of 10 inches and a firm handhold;

    (c)    unless the cleats or cups provided on coamings–

        (i)    provide a foothold of a depth including any space behind the cleats or cups of not less than 4½ inches for a width of 10 inches and a firm handhold;

        (ii)    are so constructed as to prevent a man's foot slipping off the side;

        (iii)    are placed vertically one above the other and in the same line as the ladders to which they give access;

    (d)    unless the cargo is stowed sufficiently far from the ladder to leave at each rung of the ladder foothold of a depth including any space behind the ladder of not less than 4½ inches for a width of 10 inches and a firm handhold;

    (e)    unless there is room to pass between a winch or other obstruction and the coamings at the place where the ladder leaves the deck;

    (f)    if the ladder is recessed under the deck more than is reasonably necessary to keep the ladder clear of the hatchway:

    Provided that that access may be afforded–

    (i)    where the provision of a ladder on a bulkhead or in a trunk hatchway can be shown to be reasonably impracticable, by cleats or cups complying with the requirements of subparagraph (c) of paragraph (2) of this rule;

    (ii)    by ladders or steps, separate from any hatchway or sloping from deck to deck, if the ladders or steps comply with the requirements of subparagraphs (b), (d) and (e) of paragraph (2) of this rule.

    (3) Shaft tunnels shall be equipped with adequate handhold and foothold on each side.

    (4) In the preceding paragraphs, in the case of any ship of Class 1 which is newly registered in Mainland Tanzania after the coming into operation of these Rules, 6 inches shall be substituted for 4½ inches and 12 inches for 10 inches:

    Provided that this requirement shall not come into force until the time which the Chief Inspector, by notice in the Gazette, directs.

20.    Lifting gear for hatch beams

    All hatch beams used for hatch covering shall have suitable gear for lifting them on and off without it being necessary for any person to go upon them to adjust the gear.

21.    Marking of hatch coverings and hatch beams

    All hatch coverings shall be kept plainly marked to indicate the deck and hatch to which they belong and their position in them:

    Provided that this rule shall not apply in cases where all the hatch coverings of a ship are interchangeable or, in respect of marking of position, where all hatch coverings of a hatch are interchangeable, and this rule shall apply to hatch beams as it applies to hatch coverings.

22.    Maintenance of hatch beams, etc.

    All hatch beams used for hatch coverings and all hatch coverings shall be maintained in good conditions.

23.    Provision of hand grips, etc., on hatch coverings

    All hatch coverings shall be provided with suitable means for lifting them on and off as follows:

    (a)    adequate hand grips; or

    (b)    if the size, weight or construction of the hatch coverings is such as to render them incapable of being lifted into and out of position by two men, those means shall consist of adequate provision for the attachment of a sling.

24.    Working space around hatches

    Where the working space around a hatch is less than three feet wide, such provision shall be made which will enable persons employed to remove and replace in safety all hatch beams used for hatch covering and all hatch coverings.

25.    Lighting of ships

    When the processes are being carried on–

    (a)    the places in the hold and on the deck where work is being carried on;

    (b)    the means of access provided in pursuance of rules 17 and 18; and

    (c)    all parts of the ship to which persons employed may be required to proceed in the course of their employment,

shall be efficiently lighted, due regard being had to the safety of the ship and cargo, of all persons employed and of the navigation of other vessels.

PART IV
LIFTING MACHINERY, PLANT AND EQUIPMENT (rules 26-41)

26.    Lifting machinery

    (1) All lifting machinery shall have been tested and examined by a competent person in the manner set out in the Second Schedule to these Rules before being taken into use.

    (2) All masts and mast stays, and all derricks and permanent attachments, including bridle chains, to the derrick, mast and deck, used in hoisting or lowering, shall be inspected by a competent person once in every twelve months and be thoroughly examined by a competent person once at least in every four years.

    (3) All other lifting machinery shall be thoroughly examined by a competent person once at least in every twelve months.

    (4) For the purposes of this rule, thorough examination means a visual examination, supplemented if necessary by other means such as a hammer test, carried out as carefully as the conditions permit, in order to arrive at a reliable conclusion as to the safety of the parts examined; and if necessary for the purpose, parts of the machines and gear must be dismantled.

27.    Lifting tackle

    (1) No chain, ring, hook, shackle, swivel or pulley block shall be used in hoisting or lowering unless it has been tested and examined by a competent person in the manner set out in the Second Schedule to these Rules.

    (2) All chains, other than bridle chains attached to derricks or masts, and all rings, hooks, shackles and swivels shall be effectually heat-treated under the supervision of a competent person in the manner set out in the Third Schedule to these Rules and such heat-treatment shall be carried out at the following intervals:

    (a)    half-inch and smaller chains, rings, hooks, shackles and swivels in general use, once at least in every six months;

    (b)    all other chains, rings, hooks, shackles and swivels in general use, once at least in every twelve months:

    Provided that–

    (i)    in the case of any gear used solely on cranes and other hoisting appliances worked by hand, twelve months shall be substituted for six months in paragraph (a) and two years for twelve months in paragraph (b); and

    (ii)    where the Chief Inspector is of the opinion that, owing to the size, design, material or infrequency of use of that gear or class of the gear, the requirement of this rule as to heat-treatment is not necessary for the protection of persons employed, he may by notice published in the Gazette (which he may in his discretion, at any time, revoke) exempt such gear or class of gear from the requirement subject to such conditions which may be specified in such certificate.

    (3) All chains, other than bridle chains, attached to derricks or masts, and all rings, hooks, shackles, swivels, pulley blocks, cargo trays, and similar gear shall be inspected by a responsible person immediately before each occasion on which they are used in hoisting or lowering, unless they have been inspected within the preceding three months.

    (4) All chains, rings, hooks, shackles or swivels used in hoisting or lowering which have been lengthened, altered or repaired by welding shall before being again taken into use be adequately tested and re-examined by a competent person.

28.    Ropes

    (1) No rope shall be used in hoisting or lowering unless–

    (a)    it is suitable quality and free from patent defect; and

    (b)    in the case of wire rope, it has been examined and tested by a competent person in the manner set out in the Second Schedule to these Rules.

    (2) Every wire rope in general use for hoisting or lowering shall be properly maintained and shall be inspected by a responsible person once at least in every three months:

    Provided that after any wire has broken in such rope, it shall be inspected once at least in every month.

    (3) No wire rope shall be used in hoisting or lowering if in any length of eight diameters the total number or visible broken wires exceeds ten percent of the total number of wires, or the rope shows signs of excessive wear, corrosion or other defect which, in the opinion of the person who inspects it, renders it unfit for use.

    (4) A thimble or loop splice made in any wire rope shall have at least three tucks with a whole strand of the rope and two tucks with one half of the wires cut out of each strand, and the strands in all cases shall be tucked against the lay of the rope:

    Provided that this rule shall not operate to prevent the use of another form of splice or fastening which can be shown to be as efficient as that laid down in this rule.

29.    Competent persons

    For the purposes of rules 26, 27 and 28, a person shall be deemed to be a competent person if–

    (a)    being a resident of Tanzania he has been authorised by the Chief Inspector by certificate in writing stating the class or classes of lifting machinery, lifting tackle or ropes which he is competent to test, heat-treat or examine; or

    (b)    not being a resident of Tanzania the Chief Inspector has not given notice in writing that that person is, in his opinion, not technically qualified to carry out the tests, examinations or heat-treatment required by these Rules:

    Provided that, as regards the examination of any lifting machinery, lifting tackle or ropes carried on board a ship, the provisions of paragraph (a) of this rule shall not apply to the master or officers of the ship on board of which such lifting machinery or lifting tackle is carried.

30.    Register of lifting machinery and lifting tackle

    (1) Certificates in the forms prescribed by the Fourth Schedule to these Rules and containing the particulars specified in the said forms with regard to the test, examinations, inspections or heat-treatment required under rule 26, paragraph (1) and (2) of rule 27 and paragraph (1) of rule 27 and paragraph (1) of rule 28 shall be obtained, and entered in or attached to the register prescribed by the Schedule before the machinery, chain, rope or other gear to which the certificate refers is subsequently taken into use in connection with the processes:

    Provided that, in case of any test, examination or heat-treatment not carried out in Tanzania, the requirements of this rule shall be deemed to have been complied with if a certificate prescribed under the Docks Regulations, 1934, or a certificate conforming to the standard international certificate approved by the International Labour Organisation or containing substantially the same particulars, is entered in or attached to the register.

    (2) The prescribed register with the certificates required to be attached to it shall be kept on the premises unless some other place has been approved in writing by the Chief Inspector.

31.    Marking of safe working loads on pulley blocks

    No pulley block shall be used in hoisting or lowering unless the safe working load is clearly stamped upon it.

32.    Marking of safe working loads on slings

    Means shall be provided to enable any person using a chain or wire rope sling to ascertain the safe working load for that chain for sling under such conditions as it may be used, and–

    (a)    as regards chain slings, those means shall consist of marking the safe working load in plain figures or letters upon the sling or upon a tablet or ring of durable material attached securely to it; and

    (b)    as regards wire rope slings, those means shall consist of either the means specified in paragraph (a) above or a notice or notices, so exhibited as to be easily read by any person concerned, stating the safe working loads for the various sizes of wire rope slings used.

33.    Marking of safe working loads on cranes and derricks

    Every crane and derrick shall have the safe working load plainly marked upon it, and every shore crane if so constructed that the safe working load may be varied by the raising or lowering of the jib or otherwise, shall have attached to it an automatic indicator or safe working loads:

    Provided that, in cases where the jib may be raised or lowered, provision on the crane of a table showing the safe working loads at the corresponding inclinations of radii of the jib shall be considered sufficient compliance.

34.    Fencing of machinery and plant

    (1) All motors, cog-wheels, chain and friction gearing, shafting, live electric conductors and steam pipes shall be securely fenced so far as is practicable without impeding the safe working of the ship.

    (2) The nips between the belt and the end drums of every belt conveyor shall be securely fenced.

    (3) All fencing provided in pursuance of the provisions of paragraph (1) and (2) above shall be of substantial construction, and constantly maintained and kept in position while the parts required to be fenced are in motion or in use:

    Provided that the requirements of this rule shall not apply to any parts of machinery, it is can be shown that those parts are equally safe to every person employed as they would be if securely fenced.

35.    Special provisions regarding conveyors

    (1) Every conveyor, including roller conveyors and chutes, used in the processes shall be of good construction, sound material, adequate strength and free from patent defect.

    (2) Every conveyor driven by mechanical power shall be provided with efficient means for cutting off the power in an emergency; those means shall be provided at loading and unloading points and, where necessary, at a sufficient number of other convenient positions.

    (3) Where a conveyor passes over any place where persons employed are employed, the sides of the conveyor shall be provided with adequate guards or screens to prevent the fall of goods or material, unless the conveyor is so placed, enclosed or constructed as to make the provision of such guards or screens unnecessary for the protection of the persons employed.

36.    Stability of lifting appliances

    (1) Appropriate measures shall be taken to prevent the foot of a derrick being accidentally lifted out of its socket or support.

    (2) Every mobile crane shall be adequately counterbalanced in order to reduce to a minimum the risk of overturning.

    (3) No mobile crane shall be used on a soft or uneven surface or on a slope in circumstances in which the stability of the appliance is likely to be affected unless adequate precautions are taken to ensure its stability.

37.    Cranes and winches - prevention of accidental descent of load

    (1) Every crane or winch shall be so constructed, or shall be provided with means, to reduce to a minimum the risk of the accidental descent of a load while being raised or lowered. In particular–

    (a)    the lever controlling the reversing gear shall be provided with a suitable spring or other locking arrangement, unless the construction of the crane or winch is such as to render the provision of such a device unnecessary; and

    (b)    in the case of a crane or winch driven by an internal combustion engine or by electricity, such crane or winch shall be so constructed as to prevent, in the event of the power failing, the accidental descent of the load.

    (2)    Every crane or winch shall be provided with an efficient brake.

38.    Access to and fencing of crane platforms

    The driver's platform on every crane or tip driven by mechanical power shall be provided with safe means of access and every such platform from which a person is liable to fall a distance of more than four feet shall be securely fenced, and in particular where access is by ladder–

    (a)    the sides of the ladder shall extend to a reasonable distance beyond the platform or some other suitable hand-hold shall be provided; and

    (b)    the landing place on the platform shall be maintained free from obstruction; and

    (c)    in cases where the ladder is vertical, and exceeds thirty feet in height, a resting place shall be provided approximately midway between the platform and the foot of the ladder.

39.    Steam cranes and winches

    Adequate measures shall be taken to prevent exhaust steam from, and so far as is practicable live steam to, any crane or winch obscuring any part of the decks, gangways, stages, wharf or quay where any person is employed in the processes.

40.    Precautions with respect to the use of chains and ropes

    (1) Chains shall not be shortened by tying knots in them.

    (2) Suitable packing shall be provided to prevent wire ropes, fibre ropes and the links of chains coming into contact with sharp edges of loads of hard material.

41.    Pallets and cargo trays

    Every pallet, cargo tray or similar appliance used in raising or lowering goods shall be of good construction, sound material and adequate strength suitable for the purpose for which it is used and shall be properly maintained.

PART V
PROVISIONS AS TO SHIPS OF CLASSES 2 AND 3 (rules 42-43)

42.    Keeping of registers, etc.,

    In the case of a ship of Class 2–

    (a)    the following documents shall be kept by Class 2 on board and shall be produced on the ships application of an inspector:

        (i)    a copy of the regulations applicable to the lifting machinery and plant used in the processes and carried on board the ship together with, in the case regulations in any language other than English, its English translation thereof;

        (ii)    current certificates of tests of any lifting machinery and plant made in conformity with those regulations; and

        (iii)    a register of the lifting machinery and plant which required by those regulations or as prescribed;

    (b)    the register shall be properly kept and the various items of lifting machinery and plant to which it relates shall be readily identifiable from it;

    (c)    all lifting machinery and plant used in the processes shall be maintained in accordance with the regulations applicable to it and shall be available for inspection by an inspector at any time.

43.    Requirements on first visits of Class 3 ships

    In the case of the first visit and one subsequent visit within a period of six weeks to a Tanzania port after the coming into force of these Rules, of a ship of Class 3, all lifting machinery and plant used in the processes and carried on board the ship shall be of sound construction, free from patent defect, properly maintained and in all respects suitable for the purpose for which it is intended.

PART VI
GENERAL PRECAUTIONS IN CONDUCTING THE PROCESSES (rules 44-60)

44.    Disposition of goods on a wharf or quay

    Where goods are placed on a wharf or quay–

    (a)    a clear passage leading to the means of access to the ship required by rule 17 shall be maintained on the wharf or quay; and

    (b)    if any space is left along the edge of the wharf or quay, it shall be at least three feet wide and clear of all obstructions other than fixed structures, plant and appliances in regular use.

45.    Use of deck-hand, etc.

    (1) No deck-stage or cargo-stage stages, shall be used in the processes unless it is trucks soundly constructed and adequately supported, and, where necessary, securely fastened.

    (2) No truck shall be used for carrying cargo between ship and shore on a stage so steep as to be unsafe.

    (3) Any stage which is slippery shall be made safe by the use of sand or otherwise.

46.    Fencing or covering of hatches

    (1) If any hatch of a hold accessible to any person employed and exceeding five feet in depth, measured from the level of the deck in which the hatch is situated to the bottom of the hold, is not in use for the passage of goods or other material, or for trimming, and the coamings are less than two feet six inches in height, the hatch shall either be fenced to a height of three feet or be securely covered:

    Provided that this requirement shall not apply–

    (a)    to ships not exceeding 200 tons net registered tonnage which have only one hatchway;

    (b)    to any ship during meal times or other short interruptions of work during the period of employment.

    (2) Hatch coverings shall not be used in the construction of deck or cargo-stages, or for any other purpose which may expose them to damage.

    (3) Hatch coverings shall be replaced on the hatches in the position indicated by the markings made in pursuance of rule 21.

47.    Securing of hatch beams and coverings

    (1) The beams of any hatch in use for the processes shall, if not removed, be adequately secured to prevent their displacement or the displacement of any hatch coverings supported by them.

    (2) Hatch beams and hatch coverings shall, when they are removed from a hatch, be so stacked or secured as not to cause danger to persons passing along the deck, working in the hold or overside; in particular, if the construction of the ship so allows, a clear working space at least three feet wide shall be maintained between hatch coverings and hatch beams which have been so removed and the side of the hatch coaming.

    (3) Roller or hinged hatch covers when stowed in the vertical position shall be adequately secured by lashings or other effective means.

48.    Work at intermediate decks

    No cargo shall be loaded or unloaded by a fall or sling at any intermediate deck unless either the hatch at that deck is securely covered or a secure landing platform or a width not less than that of one section of hatch coverings has been placed across it:

    Provided that this rule shall not apply to any process of unloading the whole of which will be completed within a period of half an hour.

49.    Work on skeleton decks

    When work is proceeding on any skeleton deck, adequate staging shall be provided unless the space beneath the deck is filled with cargo to within a distance of two feet of that deck.

50.    Stacking of cargo

    Where stacking, unstacking, stowing or unstowing of cargo or handling in connection with it cannot be safely carried out unaided, reasonable measures to guard against accident shall be taken by shoring or otherwise.

51.    Means of escape from holds, etc.

    Precautions shall be taken to facilitate the escape of the workmen when employed in a hold or on 'tween decks in dealing with bulk cargo.

52.    Restrictions on use of hooks

    When the working space in a hold is confined to the square of the hatch, hooks shall not be made fast in the bands of fastenings of bales of cotton, jute, sisal, gunny bags or other similar goods, nor shall canhooks be used for raising or lowering a barrel when, owing to the construction or condition of the barrel or of the hooks, their use is likely to be unsafe, and nothing in this rule shall apply to breaking out or making up slings.

53.    Use of signallers

    When cargo is being loaded or unloaded by a fall at a hatchway, a signaller shall be employed, and where more than one fall is being worked at a hatchway, a separate signaller shall be employed to attend to each fall:

    Provided that this rule shall not apply in cases where a ship is being loaded or unloaded if the driver of the crane or winch working the fall has a clear and unrestricted view of those parts of the hold where work is being carried on.

54.    Overloading machinery, and use of coupled derricks

    (1) No lifting machinery, chains or of other lifting appliance shall be loaded beyond the safe working load, except that a crane may be loaded beyond the safe working load in exceptional cases to such extent and subject to such conditions as may be approved by the engineer-in-charge or other responsible person, if on each occasion–

    (a)    the written permission of the owner or his responsible agent has been obtained; and

    (b)    a record of the overload is kept:

    Provided also, that, where the load upon a single sheave pulley block is attached to the pulley block instead of to the chain or rope passing round the sheave, the load on the pulley block shall be deemed for the purposes of this rule to be half the actual load.

    (2) No load shall be left suspended from a crane, winch or other machine unless there is a responsible person actually in charge of the machine while the load is so left.

    (3) Where two derricks are used as coupled derricks for the purpose of hoisting or lowering goods–

    (a)    the load shall not exceed by more than one-half the safe working load of the derrick having the lower lifting capacity; and

    (b)    there shall be used, in addition to the outer guy of each of the two derricks so coupled and as nearly parallel to the outer guy as possible, a wire rope preventer guy which shall be of adequate strength and securely attached to the head of the derrick and to a suitable deck fastening.

55.    Drivers of cranes or winches, and signallers

    No person who is not sufficiently competent and reliable shall be employed as driver of a crane or winch,whether driven by mechanical power or otherwise, or to give signals to a driver or to attend to cargo falls on winch-ends or winch-bodies.

56.    Ventilation

    In every hold or compartment in which cargo is being worked effective and suitable provision shall, if necessary, be made for securing and maintaining by the circulation of fresh air the adequate ventilation of the hold or compartment.

57.    Precautions where dangerous fumes are liable to be present

    Where work has to be done in any hold or compartment in which dangerous fumes are liable to be present or in which there is reasonable cause to believe that the atmosphere may be deficient in oxygen to such extent as to endanger life–

    (a)    no person employed shall enter the hold or compartment for any purpose unless the following requirements are complied with:

        (i)    all practicable steps shall be taken to remove any fumes which may be present or, as the case may be, by ventilation or otherwise, to render the atmosphere safe and, unless it has been ascertained by a suitable test that the hold or compartment is free from dangerous fumes or is safe to enter, the person entering shall wear a belt to which there is securely attached a rope of which the free end is held by a person outside; or

        (ii)    the person entering shall wear a suitable respirator or breathing apparatus and shall, in addition, wear a belt to which there is securely attached a rope of which the free end is held by a person outside; and

    (b)    suitable breathing apparatus and a suitable reviving apparatus and suitable belts and ropes shall be provided and maintained so as to be readily accessible; and

    (c)    a sufficient number of persons employed shall be trained and practiced in the use of the apparatus and in the method of restoring respiration.

58.    Protection against dust

    Where the processes give rise to any substantial quantity of dust of any kind or to dust of such a character and to such extent as to be likely to be injurious to the persons employed, all practicable measures shall be taken to protect the persons employed against the inhalation of such dust, and, if necessary, suitable masks or respirators shall be provided and maintained for the use of persons employed who are exposed to such dust.

59.    Provision of protective clothing

    Suitable protective clothing and appliances, including, where necessary, suitable gloves, footwear, goggles and head coverings, shall be provided and maintained for the use of persons employed–

    (a)    when engaged in handling any injurious or offensive substance;

    (b)    when working in a refrigerated space.

60.    Transport to or from a ship by water

    When any person employed has to proceed to or from a ship by water for the purpose of carrying on the processes, proper measure shall be taken to provide for his safe transport; and vessels used for this purpose shall be in charge of a competent person, shall not be over-crowded, and shall be properly equipped for safe navigation and maintained in good condition.

PART VII
GENERAL DUTIES AS TO USE AND MAINTENANCE
OF SAFETY APPLIANCES, ETC. (rules 61-65)

61.    Prohibition of removal of or interference with safety appliances

    No person shall, unless authorised or in case of necessity, remove or interfere with any fencing, gangway, gear ladder, hatch covering, life-saving means or appliances, lights, marks, stages or other things required by these Rules to be provided, and if removed those things shall be restored at the end of the period during which their removal was necessary by the persons last engaged in the work that necessitated the removal.

62.    Prohibition of removal of fencing

    The fencing required by rule 7 shall not be removed except to the extent and for the period reasonably necessary for carrying on the work of the dock or ship, or for repairing any fencing, and if removed, it shall be restored immediately at the end of that period by the person engaged in the work that necessitated its removal.

63.    Use of means of access

    Every person employed shall use the means of access provided in accordance with rules 17, 18 and 19, and no person shall authorise or order another to the means of access other than those provided in accordance therewith.

64.    Prohibition as to going on beams

    No person shall go upon the fore and aft beams or thwartship beams for the purpose of adjusting gear for lifting them on and off or for any other purpose in connection with the processes, nor shall any person authorise or order another to do so.

65.    Prohibition as to riding conveyors

    No person shall ride upon any conveyor nor shall any person authorise or order another to do so.

PART VIII
SPECIAL DUTIES (rules 66-69)

66.    Duty of master or officer in charge of a ship with respect to holds, etc., which have been fumigated

    The master or officer in charge of a ship shall not allow any hold or compartment to be taken into use for the purpose of the processes subsequent to such hold or compartment having been fumigated, unless a certificate, signed by a qualified person, and stating that such hold or compartment is free from dangerous fumes and is safe to enter, has been obtained and is kept available for inspection.

67.    Duty of employers of persons employed with respect to use of machinery etc.

    No employer of persons in the processes shall allow machinery or gear to be used by any persons if he knows or has reason to believe that the machinery or gear does not comply with Part IV or Part V of these Rules, as the case may be.

68.    Duty of employers of persons employed with respect to means of access and lighting

    If the persons whose duty it is to comply with rules 17, 18 and 25 fail to do so, then it shall also be the duty of the employers of the persons employed for whose use the means of access and the lights are required, to comply with the said rules within the shortest time reasonably practicable after that failure.

69.    Prescribed register

    The prescribed register shall, on the application of an inspector, be produced by the person in charge of it; if it relates to the lifting machinery and other gear of a ship and is kept on the ship, it shall be produced, together with the certificate of the ship's register, by the person for the time being in charge of the ship.

FIRST SCHEDULE
PORTS TO WHICH THE RULES APPLY

(Rule 2)

COASTAL PORTS:

INLAND PORTS:

1.    Dar es Salaam

1. Mwanza

2.    Tanga

2. Bukoba

3.    Lindi

3. Kigoma

4.    Mtwara

4. Musoma

SECOND SCHEDULE
MANNER OF TEST AND EXAMINATION BEFORE TAKING LIFTING MACHINERY AND GEAR INTO USE

(Rules 26, 27 and 28)

    1. Every rigged derrick and every power winch shall be tested with a proof load which shall exceed the safe working load as specified below:

Safe working Load

Proof Load

Up to 20 tons

25 percent overload

20-50 tons

5 tons overload

Over 50 tons

10 percent overload

    The proof load shall be applied with the derrick at an angle to the horizontal which shall be stated in the certificate of the test, either–

    (i)    by hoisting movable weights; or

    (ii)    by means of spring or hydraulic balance or similar appliances.

    In the case of (i), after the movable weights have been hoisted the derrick shall be swung as far as possible in both directions. In the case of (ii), the proof load shall be applied with the derrick swung as far as practicable first in one direction and then in the other.

    (2) Every crane and other hoisting machine rigged with its accessory gear shall be tested with a proof load which shall exceed the safe working load as set out below:

Safe working Load

Proof Load

Up to 20 tons

25 percent overload

20-50 tons

5 tons overload

Over 50 tons

10 percent overload

    The specified proof load shall be hoisted and swung as far as possible in both directions. In the case of a jib-crane, if the jib has a variable radius, it shall be tested with a proof as set out above at the maximum and minimum radii of the jib. In the case of hydraulic cranes or hoists, where, owing to the limitations of pressure, it is not possible to hoist a load 25 percent in excess of the safe working load, it shall be sufficient to hoist the greatest possible load.

    3. Every item of loose gear (whether it is accessory to a machine or not) shall be tested with a proof load at least equal to that shown against the item in the table below:

Items of Gear

Proof Load

Chain }

Ring }

Hook }

Twice the safe working load.

Shackle }

Swivel }

Pulley Blocks:

    (i)    Single Sheave Block

Four times the safe working load

    (ii)    Multiple Sheave Block having a safe working

Twice the safe working load

    (iii)    Multiple Sheave Block load up to 40 tons

20 tons in excess of the safe having a safe working working load

    (iv)    Multiple Sheave Block having a safe working load over 40 tons

One and a half times the safe working load:

    Provided that where the Chief Inspector of Factories is of the opinion that owing to the size, design, construction, material or use of any such loose gear or class of such gear, any of the above requirements are not necessary for the protection of persons employed, he may by certificate in writing (which he may at his discretion revoke) exempt such gear or class of gear from these requirements, subject to any condition which may be stated in the certificate. The certificates will be issued in particular circumstances and are additional to the exemptions already covered by rule 5.

    4. After being tested in the manner set out above, all lifting machinery fully rigged and all loose gear shall be examined, and the sheaves and the pins of the pulley blocks shall be removed before examination to ensure that no part has been damaged or permanently deformed during the test.

    5. In the case of wire ropes, a sample shall be tested to destruction and the safe working load shall not exceed one-fifth of the breaking load of the sample tested.

THIRD SCHEDULE
MANNER OF HEAT-TREATMENT OF CHAINS, RINGS, HOOKS, SHACKLES AND SWIVELS

(Rule 27(2))

    Chains, rings, hooks, shackles and swivels shall, if made of wrought iron, be annealed by being placed in a suitably constructed furnace and heated uniformly until the whole of the metal has attained a temperature between 1,100 degrees Fahrenheit (600 degrees Centigrade) and 1,200 degrees Fahrenheit (650 degrees Centigrade) and, after being so heated, allowed to cool uniformly:

    Provided that, if the past history of that gear is not known it shall be normalized by being placed in a suitably constructed furnace and heated until the whole of the metal has attained a temperature between 1,750 degrees Fahrenheit (950 degrees Centigrade) and 1,830 degrees Fahrenheit (1,000 degrees Centigrade) and, after being so heated, allowed to cool uniformly.

    After heat-treatment the gear shall be carefully inspected by a competent person and details of any defects found shall be entered in the prescribed form.

FOURTH SCHEDULE
PRESCRIPTION OF REGISTER AND FORMS

(Rule 30(1))

    1. The register shall be in the form of the register printed and published by the Government Printer entitled "Register of Machinery, Chains, Wire Ropes and Lifting Equipment" and bearing the reference "L.D.F. 149".

    2. The certificate of every test, examination or heat-treatment shall be in the form of, and contain the particulars specified in the forms printed and published by the Government Printer, being the forms bearing the references respectively set out below in relation to them, that is to say–

    (a)    For the annual thorough examination of gear exempted from annealing

L.D.F. 144

    (b)    for the test and examination of masts stays, winches, derricks and accessory gear

L.D.F. 145

    (c)    for the test and examination of cranes or hoists, and their accessory gear

L.D.F. 146

    (d)    for the test and examination of chains, rings, hooks, shackles, swivels and pulley blocks

L.D.F. 147

    (e)    for the test and examination of wire rope

L.D.F. 148

    (f)    for the annealing of chains, rings, hooks, shackles and swivels

L.D.F. 150

THE FACTORIES (COTTON GINNERIES) (FIRE PREVENTION) RULES

(Section 55)

[1st November, 1963]

G.N. No. 431 of 1963

1.    Short title

    These Rules may be cited as the Factories (Cotton Ginneries) (Fire Prevention) Rules.

2.    Application

    These Rules shall apply to all factories in which persons are employed in the process of cotton ginning.

3.    Interpretation

    In these Rules–

    "cotton" includes raw cotton, cotton seed, seed cotton and cotton lint;

    "cotton ginning" includes cotton seed delinting and the terms "cotton gin" and "cotton ginnery" shall be construed accordingly;

    "fire-resisting material" means–

    (a)    properly constructed brickwork not less than four and a half inches thick;

    (b)    concrete not less than three inches thick;

    (c)    efficiently jointed breeze slabbing not less than three inches thick;

    (d)    a hard wood not less than two inches in finished thickness;

    (e)    wood completely and securely covered on both sides by compressed asbestos sheeting;

    (f)    iron or steel shuttering not less than one-eighth of an inch thick;

    "ginnery" means any place in which raw cotton is converted into cotton lint;

    "ginnery building" means any structure in or under which seed cotton, lint cotton, cotton seed or cotton linters is manipulated, deposited or stored and includes any ginnery, seed cotton store, baled cotton store and cotton seed store;

    "machinery" means any machine, plant or equipment operated by electrical, mechanical or hydraulic power which is used in any process for the conveying, cleaning, opening, ginning, delinting or baling of cotton or the conveying, bagging or treating of cotton seed, or in the generation or transmission of power used for any such process.

4.    Open fires, lights and smoking

    (1) No person shall light any open naked fire or place any naked light or other source of ignition in a ginnery or within one hundred feet of any ginnery building:

    Provided that the provisions of this rule shall not apply to necessary repairs to be made inside a ginnery or cotton store involving the use of welding apparatus, whether operated by gas or electricity, or blow lamps or similar apparatus, if all cotton and other readily inflammable materials have been removed from the area of the repairs, and the danger from sparks and fire has been minimised by protective screens of corrugated iron or the suitable fire-resisting materials.

    (2) No person shall smoke or permit any person to smoke in any ginnery building or within one hundred feet of any ginnery building.

5.    Materials of construction

    (1)    All ginnery buildings and all structures erected within the close or curtilage of a ginnery building or within fifty feet of any such building which are constructed after these Rules come into operation shall be constructed of fire-resisting materials, and there shall be a clear space of at least fifty feet between any cotton ginnery and any other building.

    (2) In ginneries constructed or reconstructed after these Rules come into operation, in which the cleaner or opener unit is housed in a separate compartment or room, a wall of fire-resisting materials shall be erected between the cotton opener unit or units and the cotton ginnery floor.

    (3) In any wall there shall be no opening except the transfer opening for the lattice delivery from the opener and a fire-resisting door which shall be self-closing.

    (4) The use of wood for roof members, ceilings and partitions is prohibited in ginneries constructed after these Rules come into force.

6.    Spark arresters

    (1) Every oiler house chimney or oil mill within the close or curtilage of a ginnery building shall be fitted with an efficient spark arrester which shall be maintained in good condition.

    (2) No process waste (which expression shall include cotton seed husks) shall be burned within three hundred feet of any ginnery building otherwise than in a properly constructed incinerator, the chimney of which shall be fitted with an efficient spark arrester.

7.    Electrical equipment

    (1) In any part of a ginnery building where cotton dust, cotton fluff or cotton fly is present or is likely to be present, every electric light bulb shall be enclosed in a dust-proof globe.

    (2) In any ginnery building where electric light is not installed, no system of lighting shall be installed until it has first been approved by the Chief Inspector.

8.    Cotton in machinery

    (1) Machinery shall be so installed and operated as to prevent, as far as is practicable, the access of cotton seed, cotton lint or seed cotton to the moving parts of the machinery not intended to receive cotton seed, lint cotton or seed cotton.

    (2) Without prejudice to the generality of the last preceding paragraph every seed cotton opener machine shall–

    (a)    be separated from unopened seed cotton by a clear space free from cotton, at least three feet in width by means of a suitable fixed barrier not less than three feet in height;

    (b)    being an opener machine fed by a lattice conveyor, be fitted with suitable side guides or other efficient device so as to prevent the feeding of cotton to any point within two inches of the ends of the feed rollers or spiked cylinders;

    (c)    be provided with suitable fire extinguishers which shall have their nozzle outlets fitted into the dust chamber cover.

9.    Hopper-feed opener machine

    Every seed cotton opener machine installed after these Rules come into operation shall be of the hopper-feed type.

10.    Hot bearings

    (1) Immediately before any seed cotton is introduced into any ginnery for the first time in a ginning season all the machinery shall be run for at least two hours, and during and at the end of this running period all bearings shall be examined for overheating.

    (2) In the case of any cotton gin not fitted with ball or roller bearings the gin shall be run empty for at least two hours after the replacement or renewal of any main crank shaft or main crank shaft bearing and before the gin is used for ginning, and during and at the end of this running period the bearings shall be examined for overheating.

11.    Storage of cotton

    (1) Seed cotton in a building for the storage of seed cotton shall not be stacked above the level of the bottom of the ventilators, or, if ventilation is provided by means of a gap between wall and roof, the seed cotton shall not be stacked above the level of the top of the walls.

    (2) No building constructed for the storage of seed cotton after these Rules come into operation shall exceed three thousand square feet in floor area.

    (3) So far as is practicable, having regard to the layout of the buildings, sufficient means to permit the ready access of fire-fighting personnel and equipment shall be provided at each end of any building or compartment used for the storage or processing of seed cotton.

12.    Storage of seed cotton and lint cotton in ginnery

    (1) Seed cotton awaiting opening in the opener room of a ginnery shall not be stacked to a height greater than six feet and shall be so stacked as to leave free and unimpeded access to all exists, and there shall be painted and maintained on every part of the interior walls of an opener room a line in a distinctive colour at a height of six feet above the floor.

    (2) Lint cotton in a ginnery awaiting pressing shall be so stacked or disposed as to leave free access about the press room and free and unimpeded access to all exits, and shall not be stacked within four feet of the lowest roof truss.

13.    Storage of baled cotton

    (1) Where any building is constructed for the storage of baled cotton after these Rules come into operation–

    (a)    its area shall not exceed ten thousand square feet unless it is so divided that each division shall not exceed five thousand square feet in area;

    (b)    the building shall have only a ground floor;

    (c)    where it is divided, the dividing walls shall be constructed of brick, stone, concrete or reinforced concrete not less than nine inches thick extending up to the roof and, unless the roof is wholly of reinforced concrete construction, through the roof and nine inches beyond it;

    (d)    it shall have no openings except in its exterior walls.

    (2) No baled cotton shall be stacked–

    (a)    in any stack of more than one thousand bales and there shall be a clear and unobstructed space between any two stacks of at least ten feet;

    (b)    higher than fifteen feet from the floor;

    (c)    so that, at the highest point of the stack, the stack shall be less than four feet from the lowest part of any roof, ceiling or any of its beams;

    (d)    within two feet of any external wall of any building.

14.    Receptacles for ginned cotton

    Lint cotton from gins shall be delivered into boxes or skips made from non-ferrous fire-resisting material or into a lint conveyor and shall not be allowed to fall on the ginning floor.

15.    Stripping arrangements

    All cotton gins shall be equipped with an efficient stripping arrangement so designed as to facilitate cleaning of the gin rollers.

16.    Means of escape in case of fire

    Adequate means of exit from the opposite ends of each opener room, ginning room and press room shall be provided and maintained, and those means of exit shall conform to the general requirements contained in the Principal Act and where the exit route involves the use of stairs such stairs shall be of stone, concrete brickwork or iron.

17.    Fire alarm

    (1) Every ginnery shall be provided with means of giving warning in case of fire which shall be clearly audible throughout the buildings comprising the ginnery.

    (2) The appliances for giving the alarm and the means for operating the appliances shall be sited close to exist doors and shall be painted red.

18.    Fire fighting arrangements

    (1) The fire-fighting equipment set out in the First Schedule to these Rules shall be provided and maintained in an efficient state at every ginnery.

    (2) Immediately before a ginnery is brought into use at the commencement of a ginning season and subsequently at intervals of not less than one months during the ginning season persons employed at the ginnery shall carry out fire drill and follow the routine to be adopted in case of fire.

    (3) At every ginnery there shall be employed at least one person who has received within the previous twelve months instructions in fire-fighting from the officer in charge of the nearest local authority fire brigade and who has been issued with a certificate of competency for the purpose of these Rules by that officer and whose duties shall include the checking, testing and demonstrating the use of fire-fighting equipment.

19.    Action to be taken when fire occurs

    (1) In the event of a fire occurring in any part of a ginnery the following action shall be promptly taken:

    (a)    the person who discovers the fire shall give the warning immediately by operating the nearest fire alarm;

    (b)    persons in the immediate vicinity shall endeavour to extinguish the fire by applying the nearest fire-extinguishing appliances;

    (c)    persons not engaged in extinguishing the fire shall evacuate the premises in an orderly manner;

    (d)    immediate action shall be taken to call the nearest fire brigade.

    (2) It shall be the duty of every person employed in the ginnery to comply with the provisions of this rule.

20.    Cleaning

    No ginnery shall be operated unless–

    (a)    within the previous ten days all machinery has been stopped for at least four hours and at the same time all machinery, walls, floors, roof trusses, ledges, platforms and other parts of the structure have been cleaned of seed cotton, lint cotton, cotton fluff, cotton fly and cotton dust, and all fire-fighting equipment has been inspected; and

    (b)    a written record of the cleaning and inspection, signed and dated by the manager of the ginnery, has been made and is attached to the general register.

21.    Reports of fires

    Following a fire at a ginnery, a report in the form set out in the Second Schedule to these Rules shall be sent to the Chief Inspector within twenty-four hours of the occurrence.

22.    Disapplication of certain rules

    Nothing in rule 5, rules 8 to 14, and rule 17 shall apply to the process of cotton seed delinting when carried out in an oil mill and solely for the purpose of milling cotton seed.

FIRST SCHEDULE
SCALE OF FIRE-FIGHTING EQUIPMENT

(Rule 18(1))

    1. In this Schedule–

        type A means a 2-gallon water type fire extinguisher;

        type B means a 2-gallon foam fire extinguisher;

        type C means a 5-lb. carbon dioxide fire extinguisher;

        type D means a 10-lb. carbon dioxide fire extinguisher;

        type E means a 5-lb. dry chemical powder extinguisher.

    2. There shall be provided and maintained–

    (a)    in every steam engine room - at least two of type A;

    (b)    in every diesel engine room - at least two of type B;

    (c)    in every main electric motor room (generation room) - at least one of type C, D or E;

    (d)    in every opener room - at least two of type A for each opener machine installed;

    (e)    in every ginning room - at least one of type A for each three gins installed;

    (f)    in every press room - at least two of type A for each twenty gins installed;

    (g)    at every main switchboard - at least one of type, C, D or E;

    (h)    in every cotton seed store or seed cotton store or bale store - at least one of type A to each 250 square yards of floor area suitably mounted immediately outside each door;

    (i)    at every fuel oil store - at least two of type B;

    (j)    within seventy-five feet of any electric motor - at least one of type C, D or E.

    3. At every ginnery in which more than thirty gin rollers are installed there shall be provided and maintained–

    (a)    at least 7,500 gallons of water in a suitable static water tank of a depth of not less than 3 feet and provided with a sump 1 foot square and 1 foot deep;

    (b)    a fire pump capable of delivering 300 gallons per minute at a pressure of 100 lb. per square inch (the pump may be portable if more than one tank is used);

    (c)    canvas fire hose of 1 3/4 inches diameter, in 75 feet lengths and fitted with 2½ inches instantaneous couplings, sufficient to reach from the static water tank to every part of every cotton building in the compound; and

    (d)    two 2¼ inches instantaneous dividing breechings, two branch pipes complete with ½ inch nozzles and two diffusers or spray branch pipes.

    4. All equipment mentioned in paragraph 3 shall be housed in a suitable building adjacent to the static water tank.

    5. Alternative equipment or arrangements may be substituted for any or all of the requirements in paragraphs 1, 2, 3 and 4 above, with the prior approval, in writing, of the Chief Inspector.

SECOND SCHEDULE

FORM LDF. 158
COTTON FIRE REPORT

(Rule 21)

Name of ginnery or store .................................................................................................

Location ........................................................................................................................

Occupier .......................................................................................................................

1.    Date of fire ................................................................................................................

2.    Time fire started ........................................................................................................

3.    Exact place where fire was first discovered ..................................................................

4.    Length of time ginnery out of action because of fire .......................................................

5.    Approximate damage to–

    (a)    cotton ............................................................................................................

    (b)    building ..........................................................................................................

    (c)    machinery.......................................................................................................

6.    If any persons were killed or injured as a result of the fire, state here their names and injuries ....................................................................................................................

7.    If fire was successfully extinguished or controlled, state here the type and amount of fire-fighting equipment used .......................................................................................

8.    Was the ginnery working at the time of fire ..................................................................

Signed ...................................................
...................................................

TO BE SENT TO:

        The Chief Inspector of Factories,

            P.O. Box 9014,

                Dar es Salaam.

(within 24 hours of any cotton fire).

THE FACTORIES (OCCUPATIONAL HEALTH SERVICES) RULES

(Section 55)

[3rd January, 1986]

G.N. No. 2 of 1986

1.    Citation

    These Rules may be cited as the Factories (Occupational Health Services) Rules.

2.    Definition

    For the purpose of these Rules, the term "occupational health services" means services entrusted with essentially preventive functions and responsible for advising the employer, the workers and their representatives on–

    (a)    the requirements for a safe and healthy working environment;

    (b)    the adaptation of work to the capabilities of individual workers in the light of their state of physical and mental health;

    (c)    the requirements for the establishment and maintenance of a working environment which will facilitate optimal physical and mental health in relation to work.

3.    Functions

    Without prejudice to the responsibility of each employer for the health and safety of his employees, and with due regard to the obligation of the workers to co-operate with their employer on matters of occupational health and safety. Occupational health services shall have the following functions:

    (a)    surveillance of the factors in the working environment which may affect workers' health, including the design of machinery, other equipment and the work place, the design of workplace, the design of work methods, and including the workplace, the design of work methods, and including workplace visits;

    (b)    providing the workers with necessary information and training about health hazards arising from work and working environment, and guiding the workers as to how they will avoid those hazards;

    (c)    examining the health of the worker before his employment in order to be sure that he is healthy and will be fit for the work (pre-employment medical examination);

    (d)    examining periodically the health of the worker in occupations where the worker is exposed to special occupational health hazards as provided in the Schedule (periodic medical examination);

    (e)    examining periodically the health of the workers in other occupations than those mentioned in the Schedule to these Rules if there are special reasons to suspect the work will cause health hazards to the worker;

    (f)    organising the curative health service for workers and if necessary for their families under conditions mentioned in Rule 4;

    (g)    guidance of the handicapped worker due to occupational accident or disease, and if necessary to take him to medical or rehabilitative treatment;

    (h)    surveillance of the hygiene of sanitary installations and all other facilities for the welfare of the workers of the undertaking;

    (i)    compilation and periodic review of statistics concerning health conditions in the undertaking;

    (j)    organising and providing for first-aid and emergency treatment.

4.    Provision for occupational health services

    (1) The establishment shall make provisions for occupational health services on the premises for workers under the conditions and functions mentioned in Rule

    (2) If the number of its workers exceeds four hundred but less than seven hundred, in one single place, the establishment shall employ an experienced trained nurse who shall undertake the medical attention and provide a Medical Doctor to attend and treat them at a place chosen by the establishment for this purpose. The establishment shall also supply them, free of charge, with medical specialities required for that treatment.

    (3) If the number of workers exceeds seven hundred, the establishment shall in addition provide them free of charge with all necessary treatment they need including treatment by specialists, surgical operation, hospitalisation and medicines.

    (4) If, in the two cases provided for in the two preceding paragraphs, the worker is treated in a Government or equivalent hospital, the establishment shall have to refund to the hospital the cost of treatment, medicines and hospitalisation as may be required by the hospital in question.

    (5) In fixing the cost of treatment, medicines and hospitalisation provided in the preceding paragraph and in the above cases, the regulations and conditions shall be laid down by an order of the Ministry of Health.

5.    Organising occupational health services

    Occupational health services may be organised as a service for a single undertaking or as service common to a number of undertakings or as institutions independent of the undertaking, as appropriate.

6.    Medical examination for workers

    (1) The establishment shall make a pre-employment medical examination for each worker before or just after his work, to assess the capabilities of the worker.

    (2) The establishment shall make a periodical medical examination to the workers who are subject to any one of the professional diseases in order to keep their capacity and continuous health fitness.

    (3) The said examinations shall be done by the health system recognised by the government under the standing particulars mentioned in the Schedule attached hereto. The establishment shall bear the costs.

7.    Participation of workers in Occupational Health Services

    The workers shall not refuse to participate in the medical examinations, and if it is found out in the medical examination that the worker may get harm to his health due to a special sensitivity, a frailty, or another special reason, he is not to be used for the proposed work. The worker shall use the means of protection provided by the establishment and undertake it carefully, and he shall also execute instructions designed for the protection of his health and safety against accidents of work, and shall not commit any action, or negligence with the intention of preventing the execution of instructions, the misuse, or causing damage to the means designed for the protection of his fellow workers' health and safety.

8.    Record-keeping and statistics and concealment of confidential information

    (1) The establishment shall keep the necessary records concerning the workers health and the development of ill health.

    (2) Each establishment shall notify the Ministry of Labour every six months from the date of January with two copies of statistics showing diseases and lesions arising out of work on condition that the time of sending it shall not exceed the fifteenth day of the next months after the end of the sixth mentioned months.

    (3) Each establishment which is subject to provisions of this paragraph shall also notify the Ministry of Labour of any severe accident that occurs in the establishment within twenty four hours from its occurrence whatever the number of workers may be, and the models of statistics mentioned and the information, shall be determined by an order of the Ministry of Labour.

9.    Information from personnel

    The employer, the supervising authority and the representative of workers have the right to get necessary information from the personnel of occupational health services to improve the working conditions, and the personnel of occupational health services is not allowed to give confidential health information without the permission of that whom the confidential information concerns.

10.    Improvement Notices

    If an Inspector is of the opinion that there is a contravention of the Act, he may serve on that person or Company an improvement notice requiring remedial action to be taken within the period which may be specified in the notice.

11.    Prohibition Notices

    Where an Inspector is of the opinion that there is, or it is likely to be a risk of serious injury in any work activity he may serve a prohibition notice, requiring the activity to cease until the cause of risk is remedied and failure to do so shall result in the daily fine as stipulated in the Factories Act.

SCHEDULE
WORKS AND DUTIES WHICH MAY CAUSE A SPECIAL HAZARD TO WORKERS' HEALTH,
AND TIME OR PERIOD OF MEDICAL EXAMINATION

Hazards and duties

Interval of medical examination

I.–Physical Hazards

1.    Vibration:

    Working with pneumatically operated tools, power saws and other vibrating tools and machines.

    Pre-employment medical examination in continuous works periodical medical examination once a year.

2.    Noise:

    Working in shipbuilding, paper manufacture, with metal products, in mining and quarrying, in textile industry, saw milling, food processing, and in similar works.

    (a)    Noise level 85 100 dB(A).

    Periodical medical examination once in three years.

    (b)    Noise level over 100 dB(A).

    Periodical medical examination once a year.

3.    Variations of pressure:

    (a)    Diving and other works in over-pressure.

    Pre-employment medical examination within two days from starting work.

    Periodical medical examination four times a year.

    (b)    Working as a pilot and other works under-pressure.

    Pre-employment medical examination before the work starts.

    Periodical medical examination once a year.

4.    Ionising radiation:

    Working in technical, medical, research, etc. institutes where workers may be exposed to ionising radiation.

    Medical examinations according to special legislation.

5.    Radiation of radar, laser, and other electro- magnetic sources:

    Working in an environment where person may be exposed to hazardous electro-magnetic radiation.

    Pre-employment medical examination before the work starts.

    Periodical medical examination once a year.

II.–Chemical Hazards

1.    Arsenic and its compounds:

    Calcination of arsenic ore; working with pesticides, paints pigments; timber preserving; handling of arsenic compounds in glass factories and in enameling; working with process related arsenic hydrogen.

    Periodical medical examination and once a year.

2.    Beryllium and its compounds:

    Working with light fixtures, in steel; and ceramic industries, manufacturing and preparing electrical machinery apparatus, and in atomic energy industry.

    Periodical medical examination once a year.

3.    Mercury and its compounds:

    (a)    Handling mercury in preparing measuring, laboratory and electrical apparatus; handling mercury in laboratories, manufacturing chloride by means of electrolyte method; and working with pesticides containing mercury.

    Periodical medical examination manufacturing and twice a year.

    (b)    Handling mercury in manufacturing glow bulbs; etching metals; handling mercury in amalgamation, manufacturing mercury compounds, handling mercury compounds in explosive industry.

    Periodical medical examination once a year.

4.    Cadmium and its compounds:

    (a)    Manufacturing cadmium and working in battery industry; melting, burning and welding with cadmium compounds; and other similar works.

    Periodical medical examination twice a year.

    (b)    Handling cadmium compounds in manufacturing metal alloys, in atomic energy, battery, paint, pigment, rubber and plastic industry and in other similar works.

    Periodical medical examination once a year.

5.    Cobalt and its compounds:

    Calcination of cobalt ore, manufacturing and handling alloys for hard soldering, handling cobalt compounds in glass, paint, ceramic, etc. industry.

    Periodical medical examination once a year.

6.    Wolfram and its compounds:

    Calcination of tungstic ore; manufacturing and handling alloys for hard soldering.

    Periodical medical examination once a year.

7.    Chromium and its compounds:

    Manufacturing and handling chrome and chromic alloys; manufacturing pigments containing chromium; chromium plating, tanning, timber preserving with chromic compounds, handling alkali chromates in photographic and printing industry; treatment of objects with chromic compounds in cut printing and lithographic printing; and other similar works.

    Periodical medical examination once a year.

8.    Lead and its compounds:

    (a)    Working with lead and lead alloy scrap; demolishing ships, manufacturing batteries and paints containing lead.

    Periodical medical examination six times a year.

    (b)    Welding, demounting and repairing subjects painted; by paints containing lead; processing melted glass containing lead, and working near crystal glass furnace; spray painting by paint containing lead; industry processing of ethyl lead and tetramethyl lead; cleaning of petrol tanks.

    Periodical medical examination four times a year.

    (c)    Works where lead baths are used for hardening and heating; handling lead compounds in plastic and rubber industry; manufacturing lead articles.

    Periodical medical examination twice a year.

    (d)    Handling lead ore in mines and in manufacture of metals; work in repairing and maintaining batteries; duties of lead smith; works with lead-covered cables; lead glazing; works with lead in painting shops; shot and bullet manufacturing; and other similar works.

    Periodical medical examination once a year.

9.    Manganese and its compounds:

    Quarrying and calcination manganese ores; processing manganese for alloys; welding with rods containing manganese; manufacturing varnish, paints and pigments containing manganese and handling manganese in glass and ceramic industry; and other similar works.

    Periodical medical examination once a year.

10. Nickel and its compounds:

    Handling nickel ore; nickelage and other similar works.

    Periodical medical examination once a year.

11. Halogens and their inorganic compounds:

    Working with chlorine, bromine, iodine or fluorine, or in manufacturing and handling their toxic inorganic compounds; handling of aforementioned compounds besides other substances in cellulose and paper industry, in glass, textile and metal industry, in laboratories and other similar workplaces.

    Only pre-employment medical examination.

12. Hydrocyanic acid, cyanogens and nitriles:

    Working in manufacture of hydrocyanic acid and cyanogen compounds and their handling in metal, plastic and fertilizer industry; working with photographic activities; working in manufacture and use of pesticides and in other similar works.

    Only pre-employment medical examination.

13. Hydrogen sulphide and carbon disulphide:

    (a)    Handling carbon disulphide in synthetic fibre industry, and maintaining machinery in that industry.

    Periodical medical examination four times a year.

    (b)    Manufacturing carbon disulphide and hydrogen sulphide and handling those compounds in wood processing industry and in laboratories; transporting and handling those compounds; handling carbon disulphide as solvent; working with lighting gas or salvage treatment; and other similar works.

    Periodical medical examination twice a year.

14. Sulphur dioxide and sulphuric acid:

    Manufacturing sulphur dioxide and sulphuric acid; their handling in wood processing industry, in other chemical industries; and in other similar works.

    Only pre-employment medical examination.

15. Nitric oxides, nitric acid and ammonia:

    Working with nitric compounds like in manufacture and handling of nitric acid, nitrocellulose and azodye; nitration works; works which may cause nitric oxides like gas and electric welding, etching of metals; blasting works; running diesel engines indoors; and other similar works.

    Periodical medical examination once in three years.

16. Carbon monoxide:

    Works where there is a possibility to incomplete combustion of carbon compounds.

    Periodical medical examination once a year.

17. Aliphatic, alicyclic and aromatic hydrocarbons:

    (a)    Works with benzene or with other compounds with benzene more than 0.3%.

    Periodical medical examination four times a year.

    (b)    Manufacturing hydrocarbons; works where aliphatic, aromatic and alicyclic hydrocarbons will be handled or contacted; other similar works.

    Periodical medical examination once a year.

18. Halogen derivatives of hydrocarbons:

    (a)    Manufacturing and handling of halogen derivatives of hydrocarbons like carbon tetrachloride, chloroform, 1,2-diethylchloride and triethylchloride.

    Periodical medical examination four times a year.

    (b)    Other works with above mentioned chemical and using those chemicals as solvents, in cleaning articles or as pesticides.

    Periodical medical examination twice a year.

19. Phenol and its homologous compounds, and their halogen and nitro derivatives:

    Working with phenol and cresol, and manufacturing their hydroxide, halogen and nitro derivates; handling those compounds in disinfection, in dissolving, as impregnate or as pesticide; handling those compounds in plastic; paint and explosive industry; or in other similar works.

    Periodical medical examination once a year.

20. Aldehydes, ketones, alcohols and others:

    Manufacturing and handling alcohol in laboratories in paint and synthetic varnish industry, and in other chemical industry; handling of those compounds as solvent or as cleaning material; manufacturing and handling of aldehydes like formaldehyde, acetaldehyde, acrolein, butanone in paint, plastic, glue, plywood and other similar industries.

    Periodical medical examination once a year.

21. Organic acids and esters:

    Manufacturing organic acids and esters; handling those substances in chemical and textile industry; handling those substances as solvents and as pesticides; and in other similar works.

    Periodical medical examination once a year.

22.    Nitroglycerine and nitroglycol:

    Manufacturing nitroglycerine and nitroglycol; works in medical and explosive industry, or in other similar works.

    Periodical medical examination four times a year.

23. Nitro and amino derivatives of hydrocarbon:

    Manufacturing nitro and amino compounds of aliphatic and aromatic hydrocarbons like amyl nitrite and trinitrotoluene and dinitrophenols and anilines; handling those compounds in plant, medical explosive and petrochemical industry; and handling those compounds as solvents and additives in an environment causing health hazards.

    Periodical medical examination twice a year.

24. Organic phosphates:

    Manufacturing, mixing and using regularly of pesticides being among the group of organic phosphates; other similar works in hazardous conditions.

    Periodical medical examination twice a year.

25.    Plastics and synthetic resins and compounds and semi-finished products in their manufacture:

    Working in plastic, paint, lacquer and glue industry; other works where semi-finishing products and raw materials of non-polymerous plastics will be handled; other similar works.

    Periodical medical examination once a year.

26. Mineral dusts:

    (a)    Works where one is exposed to stone and other mineral dusts in mines, in asbestos, in tunnelling, and in asbestos factories; processing and handling with refinement and blasting sand; heat–insulating, and other similar works.

    Pre-employment medical examination before the work. Periodical medical examination once a year (X-ray of mini-size of 10 x 10 cm).

    (b)    Other works where stone or mineral dusts are present such as works in glass porcelain, roof plate factories; in stonemasonry, in stone dressing and in foundries; and in other similar works.

    Pre-employment medical examination before the work. Periodical medical examination once in three years.

27. Organic dusts:

    Works where one is handling raw cotton, tobacco and coffee other similar works.

    Periodical medical examination once a year.

THE FACTORIES (BUILDING OPERATIONS AND WORKS OF ENGINEERING CONSTRUCTION) RULES

ARRANGEMENT OF RULES

    Rule

Title

PART I
PRELIMINARY PROVISIONS

    1.    Citation.

    2.    Application.

    3.    Interpretation.

PART II
DUTIES AND APPLICATION

    4.    Duty of contractor to ensure health, safety and welfare.

    5.    Notification of commencement or taking over of operations of work.

    6.    Appointment of safety supervisor.

    7.    Plans for safety arrangements.

    8.    Notification concerning occupational injury, etc.

PART III
EXCAVATIONS, SHAFTS AND TUNNELS

    9.    Prevention of danger.

    10.    Inspections and examinations of excavations, etc.

    11.    Supervision and execution of timbering and other work.

    12.    Means of egress in case of flooding.

    13.    Excavations, etc., likely to reduce security of a structure.

    14.    Fencing of excavation, etc.

    15.    Safeguarding edges of excavation, etc.

PART IV
COFFERDAMS AND CAISSONS

    16.    Construction and maintenance.

    17.    Means of egress in case of flooding.

    18.    Supervision of work and inspection of material.

    19.    Inspections and examinations.

PART V
OPERATIONS AND WORKS ON OR ADJACENT TO WATER

    20.    Transport by water.

    21.    Prevention of drowning.

PART VI
ROADWORKS

    22.    Roadworks.

PART VII
EXPLOSIVES

    23.    Explosives.

PART VIII
TRANSPORT GENERALLY

    24.    Competent persons to drive a vehicle, etc.

    25.    Mechanically propelled vehicles and trailers.

    26.    Riding in insecure positions on vehicles, etc.

    27.    Remaining on vehicle during loading.

    28.    Vehicles near edge of excavation, etc.

PART IX
SCAFFOLDS AND OTHER WORKING PLACES

    29.    General.

    30.    Supervision of work and inspection of material.

    31.    Construction and material.

    32.    Defective materials.

    33.    Maintenance of scaffolds.

    34.    Partly erected or partly dismantled scaffolds.

    35.    Standards or uprights, ledgers and putlogs.

    36.    Ladders used in scaffolds.

    37.    Stability of scaffolds.

    38.    Slung scaffolds.

    39.    Cantilever jib, figure and bracket scaffolds.

    40.    Support for scaffolds, etc.

    41.    Suspended scaffolds (not power-operated).

    42.    Boatswain's chairs, cages and skips (not power-operated).

    43.    Trestle scaffolds.

    44.    Inspection of scaffolds, boatswain's chairs, etc.

    45.    Scaffolds used by workmen of different employers.

    46.    Construction of working platforms, gangways and runs.

    47.    Boards and planks in working platforms, gangways and runs.

    48.    Width of working platform.

    49.    Width of gangways and runs.

    50.    Guardrails and toeboards at working platforms and places.

    51.    Guardrails, etc., for gangways, runs and stairs.

    52.    Platforms, gangways, runs and stairs, etc., to afford safe foothold.

    53.    Construction and maintenance of ladders and folding step-ladders.

    54.    Use of ladders and folding step-ladders.

    55.    Openings, corners, breaks, edges and open joists.

    56.    Exceptions to Rule 55.

    57.    Work on roofs.

    58.    Sloping roofs.

    59.    Working on or near fragile materials.

    60.    Loads on scaffolds.

    61.    Prevention of falls and provision of safety nets and belts.

PART X
LIFTING OPERATIONS: CRANES AND OTHER LIFTING APPLIANCES

    62.    Lifting machinery in factory premises and in docks, etc.

    63.    Delivery of loads with lifting gears attached.

    64.    Hoists forming part of permanent equipment.

    65.    Hoists manufactured before the commencement of the Rules.

    66.    Construction, maintenance and inspections.

    67.    Support, anchoring, fixing and erecting.

    68.    Precautions where lifting appliance has travelling or slewing motion.

    69.    Platforms for crane drivers and signallers.

    70.    Cabin for drivers.

    71.    Drums and pulleys.

    72.    Brakes, controls, safety devices, etc.

    73.    Safe means of access.

    74.    Poles or beams supporting pulley blocks or gin wheels.

    75.    Stability of lifting appliances.

    76.    Rail mounted cranes.

    77.    Mounting of cranes.

    78.    Cranes with derricking jibs.

    79.    Restriction on use of cranes.

    80.    Use of crane with timber structural member prohibited.

    81.    Erection of cranes under supervision.

    82.    Competent persons to operate lifting appliances and give signals.

    83.    Signals.

    84.    Testing and examination of cranes, etc.

    85.    Marking of safe working loads.

    86.    Indication of safe working load of jib cranes.

    87.    Load not to exceed safe working load.

    88.    Precautions on raising or lowering loads.

    89.    Scotch and guy derrick cranes.

PART XI
LIFTING OPERATIONS: CHAINS, ROPES AND LIFTING GEAR

    90.    Construction, testing, examination and safe working loads.

    91.    Testing of chains, rings, etc., altered or repaired by welding.

    92.    Hooks.

    93.    Slings.

    94.    Edges of load not come into contact with sling, etc.

    95.    Knotted chains, etc.

    96.    Examination of chains, ropes and lifting gear.

    97.    Annealing of chain and lifting gear.

PART XII
LIFTING OPERATIONS: SPECIAL PROVISIONS AS TO HOISTS

    98.    Safety of hoistways, platforms and cages.

    99.    Operation of hoists.

    100.    Winches.

    101.    Safe working load and marking of hoists.

    102.    Test and examination of hoists.

PART XIII
LIFTING OPERATIONS: CARRIAGE OF PERSONS AND SECURENESS OF LOADS

    103.    Carrying persons by means of lifting appliances.

    104.    Hoists carrying persons.

    105.    Secureness of loads.

PART XIV
DEMOLITION

    106.    Application of Part XIV.

    107.    Joint operations.

    108.    Fire and flooding.

    109.    Precautions in connection with demolition.

PART XV
ADDITIONAL SAFETY MEASURES

    110.    Fencing of machinery.

    111.    Fencing of new machinery.

    112.    Electricity.

    113.    Protection from falling material.

    114.    Lighting.

    115.    Projecting nails and loose material.

    116.    Construction of temporary structures.

    117.    Avoidance of danger from collapse of structure.

    118.    Hand tools, portable power driven tools.

    119.    Inhalation of dust and fumes to be prevented.

    120.    Ventilation of excavation, etc.

    121.    Internal combustion engines.

    122.    Generation of steam, smoke and vapour.

    123.    Noise.

    124.    Strenuous works.

    125.    Strenuous work in high temperatures.

    126.    Personal protective equipment.

    127.    Fire protection and prevention.

    128.    Liquefied petroleum gases and highly flammable liquids.

PART XVI
HEALTH AND WELFARE

    129.    Shelters and accommodation for clothing and for taking meals.

    130.    Washing facilities.

    131.    Number of sanitary conveniences.

    132.    Other requirements as to sanitary conveniences.

    133.    Safe access to places where facilities are provided.

    134.    First aid equipment.

    135.    First aid rooms.

    136.    First aiders.

PART XVII
KEEPING OF RECORDS

    137.    Reports, certificates, etc.

SCHEDULE

THE FACTORIES (BUILDING OPERATIONS AND WORKS OF ENGINEERING CONSTRUCTION) RULES

(Section 55)

G.N. No. 18 of 1986

PART I
PRELIMINARY PROVISIONS (rules 1-3)

1.    Citation

    These Rules may be cited as the Factories (Building Operations and Works of Engineering Construction) Rules.

2.    Application

    (1) These Rules shall apply to–

    (a)    building operations and works of engineering construction undertaken by way of trade or business or for the purpose of any industrial or commercial undertaking; and

    (b)    building operations and works of engineering construction undertaken by or on behalf of the Government, a local government authority or a public body.

    (2) A reference to building operations and works of engineering construction in these Rules shall be a reference to those operations and works to which the Rules apply.

3.    Interpretation

    In these Rules, unless the context otherwise requires–

    "Act" means the Factories Act *;

    "building operations" means the construction, structural alteration, repair or maintenance of a building (including repointing, redecoration and external cleaning of the structure), the demolition of a building and the preparation for and laying of the foundation of an intended building, but does not include any operation which is a work of engineering construction;

    "Chief Inspector" means the Chief Inspector of Factories appointed under the Act;

    "competent person" includes the safety supervisor and any other person suitably qualified by experience or otherwise for the purpose for which he is required under these Rules;

    "contractor" means a contractor or any employer of workmen who is undertaking a building operation or works of engineering construction and includes a sub-contractor;

    "hoist" means a lifting machine, whether worked by mechanical power or not, with a carriage, platform or cage the movement of which is restricted by a guide or guides;

    "ladder" does not include a folding step-ladder;

    "ladder-scaffold" means a scaffold with a working platform which is supported directly on a ladder or by means of a crutch or bracket on a rung of a ladder.

    "lifting appliance" means a crab, winch, pulley block or gin wheel used for raising or lowering and includes a hoist, crane, sheet legs, excavator, dragline, piling frame, aerial cableway, aerial ropeway and overhead runway;

    "lifting gear" means a chain, sling, rope sling or similar gear and includes a link, plate clamp, shackle, swivel or eye-bolt;

    "mobile crane" means a crane capable of travelling under its own power but does not include a crane which travels on a line or rails;

    "plant or equipment" includes any plant, equipment, gear, machinery, apparatus or appliance or any part of it;

    "raising or lowering or as a means of suspension" where this expression occurs in Rules 90, 91, 92, 96, and 97 means raising or lowering or as a means of suspension either of a load on a lifting appliance or lifting gear or of a scaffold but does not include the use of a rope or chain solely as a means of lashing or securing together two or more rigid members of scaffold to form a frame or as a means of making a lapped joint or the use of a rope or chain solely for the movement of a load in a horizontal direction;

    "safe working load" means either the relevant safe working load required to be specified in the latest certificate of test obtained for the purpose of Rules 84, 90, 91 and 102 or where no such certificate is required the relevant safe working load required to be marked or exhibited on the lifting appliance, lifting gear, chain, rope or other article of plant or equipment by Rules 85 and 90;

    "scaffold" means any temporary structure on or from which persons perform work in connection with a building operations or work of engineering construction and which enables persons to obtain access to or materials to be taken to any place at which the building operations work is performed, and includes any working platform, working stage, gangway, run, ladder or step-ladder (other than an independent ladder or step-ladder which does not form part of that a structure), together with any guardian, toeboard or other safeguards and all fixings but does not include a lifting appliance or a structure used merely to support the appliance or to support other plant or equipment;

    "site" means any place where building operations works of engineering construction or both those operations and works are carried on;

    "slung scaffold" means a scaffold suspended by means of lifting gear, ropes, chains or rigid members which cannot be raised or lowered by a lifting appliance;

    "suspended scaffold" means a scaffold (not being a slung scaffold) suspended by means of ropes or chains and capable of being raised or lowered, but does not include a boatswain's chair or similar appliance;

    "trestle scaffold" includes any scaffold in which the supports for the platform are any of the following which are self-supporting, that is to say, split heads, folding step-ladders, tripods or movable contrivances similar to any of the preceding; and working platform includes a working stage;

    "work of engineering construction" means the construction of any railway line or siding otherwise than upon an existing railway, and the construction, structural alteration or repair (including repointing and repainting) or the demolition of any dock, harbour, inland navigation, tunnel, bridge, viaduct, waterworks, reservoir, pipeline, aqueduct, sewer, sewage works or gasholder, except where carried on upon a railway or tramway, and includes any other work which may be specified by the Factories Act.

PART II
DUTIES AND APPLICATION (rules 4-8)

4.    Duty of contractor to ensure health, safety and welfare 1

    (1) Every contractor shall comply with the requirements of these Rules designed to ensure the health, safety and welfare of all persons engaged in building operations or works of engineering construction undertaken by him or in any activity incidental to and at the site of the building operations or works of engineering construction.

    (2) Wherever two or more contractors with people employed occupy a site at the same time they shall co-operate to ensure safe working conditions.

    (3) Except in any cases which may be prescribed, it shall be the duty of every contractor to prepare and as often as may be appropriate revise a written statement of his general policy with respect to the health, safety, and welfare at building operations or works of engineering construction of his employees and the organisation and arrangements for the time being in force for carrying out the policy, and to bring the statement and any revision of it to the notice of all his employees.

    (4) Every contractor has a duty to carry out his work in such a way that persons not in his employment who may be affected by it are not exposed to risk to their health, safety and welfare.

5.    Notification of commencement or taking over of operations of work

    (1) A main contractor shall, within seven days of commencing or undertaking building operations or works of engineering construction, notify the Chief Inspector in writing of–

    (a)    the contractor's name and postal address;

    (b)    the address or location of the site of the operation or works;

    (c)    the date of commencement;

    (d)    the expected date of completion;

    (e)    whether mechanical power is used or not;

    (f)    the number of persons expected to be employed.

    (2) The Chief Inspector may, upon receipt of the notice under paragraph (1) require more information to be supplied.

    (3) The Chief Inspector shall, upon receipt of the notice under these Rules cause to be entered in a register of contractors maintained by him the information notified to him and shall issue a certificate of registration in any a form which he may approve.

    (4) The contractor or employer is exempted from the obligations in paragraph (1) provided that there are reasonable grounds for believing that the building operations or works carried of engineering construction will be completed within a period of less than six weeks.

6.    Appointment of safety supervisor

    (1) Every contractor who employs more than twenty persons shall, for every site on which he is the contractor, appoint one or more persons experienced in the operations or works carried on at the site and suitably qualified for the purpose, to–

    (a)    advise the contractor as to the observance of the safety, health and welfare requirement under the Act and under these Rules; and

    (b)    supervise and ensure the observance of the requirements and promote the safe conduct of work generally at the sites.

    (2) A contractor who employs twenty or fewer persons may appoint either himself or another person to be a safety supervisor in accordance with paragraph (1).

    (3) The person appointed as a safety supervisor may be a site engineer, site agent, foreman or chargehand.

    (4) The name of every person appointed under this Rule shall be notified to the Chief Inspector and shall also be entered in a copy of the abstract of these Rules maintained by the contractor.

    (5) Nothing in these Rules shall be construed as preventing the same person or persons being appointed for a group of sites or as preventing two or more contractors from jointly appointing the same person or persons.

    (6) A person appointed under this Rule may be assigned duties additional to the duties mentioned in paragraph (1), but so that he is not prevented by the additional duties from efficiently discharging his duties as a safety supervisor.

    (7) It shall be the duty of every contractor to consult the safety supervisor with a view to the making and maintenance of arrangements which will enable him and his employees to co-operate effectively in promoting and developing measures to ensure the health, safety and welfare at work of the employees, and in checking the effectiveness of those measures.

7.    Plans for safety arrangements

    At sites where building exceeding the height of three storeys are to be constructed a site layout plan for the safety arrangements shall be made showing the construction to be erected, site boundaries, provisions for transport, lifting, storage, electrical supply and other information relevant for the safety conditions.

8.    Notification concerning occupational injury, etc.

    The contractor shall notify the Chief Inspector of Factories in case of accidents and occupational diseases according to the Accidents and Occupational Diseases (Notification) Act *.

PART III
EXCAVATIONS, SHAFTS AND TUNNELS (rules 9-15)

9.    Prevention of danger

    (1) An adequate supply of timber of suitable quality or other suitable support shall where necessary be provided and used to prevent, so far as it reasonably practicable and as early as is practicable in the cause of the work, danger to any person employed from a fall or dislodgement of earth, rock or other material forming a side or the roof of or adjacent to any excavation, shaft, earthwork or tunnel:

    Provided that this Rule shall not apply–

    (a)    to any excavation, shaft, or earth-work where, having regard to the nature and slope of the sides of the excavation, shaft or earthwork and other circumstances, no fall or dislodgement of earth or other material so as to bury or trap a person employed or as to strike a person employed from a height of more than 1.2m is liable to occur; or

    (b)    in relation to persons carrying out inspections or examinations required by this Rule or actually engaged in timbering or other work for the purpose of making a place safe, if appropriate precautions are taken to ensure their safety as far as circumstances permit.

    (2) In the case of tunnelling operations on works of engineering construction, no person shall be held not to have complied with a requirement of the foregoing paragraph of this Rule by reason of any matter proved to have been due to physical conditions over which he had no control and against which it was not reasonably practicable for him to make provision.

10.    Inspections and examinations of excavations, etc.

    (1) Subject to provisions of paragraph (1) of Rule 9, every part of any excavation, shaft, earthwork or tunnel where persons are employed shall be inspected by a competent person at least once on every day during which persons are employed in it; and the face of every tunnel and the working end of every trench more than two metres deep and the base or crown of every shaft shall be inspected by a competent person at the commencement of every shift.

    (2) Subject to the provisions of paragraph (1) of Rule 9, no person shall be employed in any excavation, shaft, earthwork or tunnel unless a thorough examination has been carried out by a competent person–

    (a)    of those parts thereof, and in particular any timbering or other support, in the region of the blast since explosives have been used in or near the excavation, shaft, earthwork or tunnel in a manner likely to have affected the strength or stability of that timbering or other support or any part of it; and

    (b)    of those parts of it in the region of any timbering or other support or any part of it that has been substantially damaged and in the region of any unexpected fall of rock or earth or other material; and

    (c)    of every part of it within the immediately preceding seven days:

    Provided that subparagraph (c) shall not apply to timbering or other support which has not been erected or installed for more than seven days.

    (3) A report of the results of every thorough examination required by paragraph (2) of this Rule, signed by the person carrying out the examination, shall be made on the day of examination in the prescribed form and containing the prescribed particulars:

    Provided that in the case of a site where the employer for whom a thorough examination was carried out has reasonable grounds for believing that the operations or works will be completed in a period of less than six weeks, the provisions of paragraph (3) of this Rule shall be deemed to have been satisfied if the person in charge of the operations or works carried on by that employer at that site has himself carried out the examination and is a competent person and if within one week of the date of the examination he reports to his employer in writing the results of the examination and the date of that examination, and its results together with the name of the person making the examination are entered by the employer in the prescribed form together with the prescribed particulars.

11.    Supervision and execution of timberring and other work

    (1) No timbering or other support for any part of an excavation, shaft, earthwork or tunnel shall be erected or be substantially added to, altered or dismantled except under the direction of a competent person and so far as possible by competent workmen possessing adequate experience of the work, and all material for that work shall be inspected by a competent person on each occasion before being taken into use and material found defective in any respect shall not be used.

    (2) Timbering or other support for any part of any excavation, shaft, earthwork or tunnel shall be of good construction, sound material, free from patent defect and of adequate strength for the purpose for which it is used and shall be properly maintained.

    (3) All struts and braces in any excavation, shaft, earthwork or tunnel shall be properly and adequately secured so as to prevent their accidental displacement or fall.

12.    Means of egress in case of flooding

    In any excavation, shaft, or tunnel where there is reason to apprehend danger to persons employed there from rising water or from an irruption of water or material there shall be provided adequate means to enable those persons to reach positions of safety.

13.    Excavations, etc., likely to reduce security of a structure

    No excavation shaft, earthwork, or tunnel which is likely to reduce so as to endanger any person employed, the security or stability of any part of any structure, whether temporary or permanent, shall be commenced or continued unless adequate steps are taken before and during the progress of the work to prevent danger to any person employed from collapse of the structure or the fall of any part of it.

14.    Fencing of excavation, etc.

    Every accessible part of an excavation, shaft, pit or opening in the ground near to which employed persons are working and into or down a site of which a person is liable to fall a distance of more than two metres shall be provided with a suitable barrier placed as close as is reasonably practicable to the edge or shall be securely covered:

    Provided that the preceding requirement shall not apply to any part of an excavation, shaft, pit or opening while (and to the extent to which) the absence of the barrier and covering is necessary for the access of persons or for the movement of plant or equipment or materials or while (and to the extent to which) it has not yet been practicable to erect the barrier or covering since the formation of that part of the excavation, shaft, pit or opening.

15.    Safeguarding edges of excavation, etc.

    (1) Material shall not be placed or stacked near the edge of any excavation, shaft, pit, or opening in the ground so as to endanger persons employed below.

    (2) No load or plant or equipment shall be placed or move near the edge of any excavation, shaft, pit or opening in the ground where it is likely to cause a collapse of the side of the excavation, shaft, pit or opening and thereby endanger any person.

PART IV
COFFERDAMS AND CAISSONS (rules 16-19)

16.    Construction and maintenance

    Every cofferdam or caisson and every part of it shall be of good construction, of suitable and sound material, free from patent defect and of adequate strength and shall be properly maintained.

17.    Means of egress in case of flooding

    (1) In any cofferdam or caisson there shall, so far as is reasonably practicable, be adequate means for persons to reach places of safety in the event of an inrush of water.

    (2) No person shall be held not to have complied with a requirement of the foregoing paragraph of this Rule by reason of any matter proved to have been due to physical conditions over which he had no control and against which it was not reasonably practicable for him to make provision.

18.    Supervision of work and inspection of material

    (1) No cofferdam or caisson or part thereof shall be constructed or be placed in position or be substantially added to or altered or be dismantled except under immediate supervision of a competent person and so far as possible by competent workmen possessing adequate experience of the work.

    (2) All material for the construction or fixing of a cofferdam or caisson shall be inspected by a competent person on each occasion before being taken into use for that purpose and material found to be unsuitable or defective in any respect shall not be so used.

19.    Inspections and examinations

    (1) Subject to paragraph (2) of this Rule, no person shall be employed in a cofferdam or caisson unless it has been inspected by a competent person at least once on the same or preceding day and unless it has been thoroughly examined by a competent person–

    (a)    since explosives have been used in or near the cofferdam or caisson in a manner likely to have affected the strength or stability of the cofferdam or caisson or of any part of it;

    (b)    since the cofferdam or caisson has been substantially damaged; and

    (c)    in any case within the immediately preceding seven days:

    Provided that subparagraph (c) shall not apply until seven days have elapsed since the cofferdam or caisson was erected or placed in its position on the site, and a report of the results of every examination signed by the person carrying out the examination, shall be made on the day of the examination in the prescribed form and containing the prescribed particulars.

    (2) This Rule shall not apply in relation to persons actually engaged in the construction, placing, repairing, or alteration of the cofferdam or caisson or carrying out inspections or examinations required by this Rule if appropriate precautions are taken to ensure their safety as far as circumstances permit.

PART V
OPERATIONS AND WORKS ON OR ADJACENT TO WATER (rules 20-21)

20.    Transport by water

    When any person employed is conveyed to or from any working place by water, proper measures shall be taken to provide for his safe transport, and the vessels used for this purpose shall be of suitable construction, shall be properly maintained, shall be in the charge of a competent person and shall not be over-crowded or overloaded.

21.    Prevention of drowning

    Where, on or adjacent to the site of any operations or works to which these Rules apply, there is water into which a person employed is, in the course of his employment, liable to fall with risk of drowning, suitable rescue equipment shall be provided and kept in an efficient state and ready for use and measures shall be taken to arrange for the prompt rescue of any such person in danger of drowning, and where there is a special risk of a fall from the edge of adjacent land or of structure adjacent to or above the water, or of a floating stage secure fencing shall be provided near the edge to prevent the fall, so however, that the fencing may be removed or remain unerected for the time and to the extent necessary for the access of persons or the movement of materials.

PART VI
ROADWORKS (rule 22)

22.    Roadworks

    (1) Where roadwork is in progress, the contractor shall take all reasonably practicable measures to avoid accidents.

    (2) Workers employed on road construction work should be protected from traffic by barricades, signs, lights, watchmen or other effective means.

    (3) Signs and lights should be placed, where–

    (a)    they can easily be seen by approaching traffic; and

    (b)    they will not be obscured by splashes from traffic.

    (4) Diversions should be clearly marked, well defined, adequately lit and completely clear of protrusion and obstruction.

PART VII
EXPLOSIVES (rule 23)

23.    Explosives

    (1) A safety supervisor with adequate knowledge of the dangers connected with the use of explosives shall supervise and directly control the storage, handling and use of explosives.

    (2) The safety supervisor shall ensure that when a charge is fixed, persons employed are in a position of safety where, as far as can be reasonably anticipated, they will not be injured by the explosion or any flying material.

PART VIII
TRANSPORT GENERALLY (rules 24-28)

24.    Competent persons to drive a vehicle, etc.

    A vehicle, power-driven capstan or haulage winch to which Rule 25 applies shall be driven or operated only by a trained and competent person who has attained the age of eighteen, except that for the purpose of training it shall be permissible for the capstan or haulage winch or that vehicle to be driven or operated by a person under eighteen years of age who is under the direct supervision of a person qualified for that purpose.

25.    Mechanically propelled vehicles and trailers

    A mechanically propelled vehicle or mechanically drawn trailer-vehicle if owned or used by, or hired by and operated under the control of, a contractor or employer undertaking operations or works to which these Rules apply and used for conveying workmen, goods or materials for the purpose of the operations or works are carried on (whether or not workmen, goods or materials are actually being conveyed on the vehicle at the time)–

    (a)    be in an efficient state, in efficient working order and in good repair;

    (b)    not be used in an improper manner;

    (c)    not be loaded in any manner or to the extent as to interfere with the safe driving or operation of the vehicle:

            Provided that where all practicable precautions are taken to avoid danger to the person affected, subparagraph (a) of this paragraph shall not apply to a vehicle which has broken down or been damaged on the site and

            (i)    on which no workmen, goods or materials are being conveyed and which is being moved only for the purpose of its repair or disposal or so as not to cause an obstruction; or

            (ii)    on which no workmen are being conveyed and which is being moved only so far as is necessary to render unloading of goods or materials practicable.

26.    Riding in insecure positions on vehicles, etc.

    No person shall ride on or be required or permitted to ride on the buffer, running board or other insecure positions–

    (a)    on any vehicle to which Rule 25 applies; or

    (b)    on a truck or wagon other than at the place on that provided for that purpose.

27.    Remaining on vehicle during loading

    No person shall remain or be required or permitted to remain on any vehicle to which Rule 25 applies or on any truck or wagon during the loading of loose material by means of a grab, excavator or similar appliance, if he risks danger or harm.

28.    Vehicles near edge of excavation, etc.

    Where any vehicle is used for tipping material into any excavation or pit or over the edge of any embankment or earthwork, adequate measures shall be taken where necessary so as to prevent the vehicle from over-running the edge of the excavation, pit, embankment or earthwork.

PART IX
SCAFFOLDS AND OTHER WORKING PLACES (rules 29-61)

29.    General

    Without prejudice to the rest of this part–

    (a)    there shall be so far as is reasonably practicable, suitable, and sufficient safe and properly maintained access to and egress from every place at which a person at any time works;

    (b)    every place at which a person at any time works shall so far as is reasonably practicable, be made and kept safe for a person working there; and

    (c)    shall be properly maintained scaffolds or, where appropriate, ladders or other means of support which shall be sufficient and suitable for the purpose, shall be provided, placed and kept in position for use where work cannot be safely done on or from the ground or from part of a building or other permanent structure.

30.    Supervision of work and inspection of material

    No scaffold shall be erected or be substantially added to, or altered or be dismantled, except under the immediate supervision of the safety supervisor appointed under Rule 6 and so far as possible by competent workmen possessing adequate experience of that work, and all material for a scaffold shall be inspected by the safety supervisor on each occasion before being taken into use.

31.    Construction and material

    (1) Every scaffold and every part of it shall be of good construction, of suitable and sound material, and of adequate strength for the purpose for which it is used.

    (2) Sufficient material shall be provided for and shall be used in construction of scaffolds.

    (3) Timber used for scaffolds shall be of suitable quality, be in good condition, and have the bark completely stripped off.

    (4) Timber used for scaffolds, trestles, ladders, and scaffolding stepladders, shall not be painted or treated so that defects cannot easily be seen.

    (5) Metal parts used for scaffolds shall be of suitable quality and be in good condition and free from corrosion or other patent defects likely materially to affect their strength.

32.    Defective materials

    (1) No rope bond which is defective–

    (a)    through contact with acid;

    (b)    through contact with other corrosive substances; or

    (c)    for any other reason,

shall be used in a scaffold.

    (2) All materials for, and parts of, a scaffold shall, when not in use, be kept under good condition and apart from materials or parts unsuitable for scaffolds.

33.    Maintenance of scaffolds

    Every scaffold shall be properly maintained and every part of a scaffold shall be kept so fixed, secured, or placed in position so as to prevent, so far as is practicable, accidental displacement.

34.    Partly erected or partly dismantled scaffolds

    No partly erected or partly dismantled scaffold or part of a scaffold shall be used unless it is then so erected or dismantled that it complies with these Rules as to safety, and a prominent warning notice prohibiting use of and access to a partly erected or partly dismantled scaffold, shall be fixed on or at any point of access to the scaffold.

35.    Standards or uprights, ledgers and putlogs

    (1) Standards or uprights of scaffold shall–

    (a)    where practicable be either vertical or slightly inclined towards the building or other structure; and

    (b)    be fixed sufficiently close together to secure the stability of the scaffold having regards to all the circumstances.

    (2) The foot or base of a standard or upright shall be placed on an adequate baseplate in a manner to prevent slipping or sinking, or its displacement shall be prevented in some other sufficient way.

    (3) Ledgers shall be as nearly as possible horizontal and shall be securely fastened to the standards or uprights by efficient means.

    (4) Putlogs or other supports on which a platform rests shall be securely fastened to the standards or uprights, or other movement shall be prevented by other efficient means, and where one end of a putlog is supported by a wall, that end shall extend into or on to the wall sufficiently to provide a supporting surface of sufficient area.

    (5) The distance between two consecutive putlogs and other supports on which a platform rests shall be fixed with due regard to the anticipated load and the nature of the platform flooring, and the distance with single thickness, 1.5m. with planks of 38mm thickness or 2.6m with planks of 50mm. thickness.

36.    Ladders used in scaffolds

    (1) Ladders serving as upright or in scaffolds shall–

    (a)    be of adequate strength;

    (b)    be placed so that the two stiles or sides of each ladder are evenly supported or suspended; and

    (c)    be secured to prevent slipping.

    (2) Ladder scaffolds shall be used only if the work is such a light nature and the material required for the work is such that this type of scaffold can be used safely.

37.    Stability of scaffolds

    (1) Every scaffold shall be securely of supported or suspended and shall, where necessary, be sufficiently and properly strutted or braced to prevent collapse, and shall be rigidly connected with the building or other structure unless the scaffold is so designed and constructed as to ensure stability without the connection.

    (2) Every structure and appliance used as a support for a scaffold shall be of sound construction, have a firm footing or be firmly supported, and shall, where necessary, be sufficiently and properly strutted or braced so as to prevent collapse and to ensure stability.

    (3) Every scaffold which can be moved on wheels or skids (not being a suspended scaffold or slung scaffold) shall be–

    (a)    constructed with due regard to stability and, if necessary for stability, be adequately weighted at the base;

    (b)    used only on a firm and even surface not so sloping as to involve risk of instability of the scaffold or any load on it;

    (c)    adequately secured to prevent movement when any person is working upon it or any ladder or other plant or equipment, being a ladder; plant or equipment which is supported by the scaffold; and

    (d)    moved only by the application of force at or near the base.

    (4) Loose bricks, drain pipes, chimney pots or other unsuitable material shall not be used for construction or support of scaffolds, save bricks or small blocks may, if they provide a firm support, be used to support a platform not more than 600mm. above the ground or floor.

38.    Slung scaffolds

    (1) No chain, wire rope, lifting gear, metal tube, or other means of suspension for slung scaffolds shall be used unless the following requirements (in so far as they are applicable) are observed, (in addition as respects chains, ropes and lifting gear) to satisfying the requirements of Part X, that is to say it is–

    (a)    suitable and of adequate strength for the purpose for which it is used;

    (b)    properly and securely fastened to safe anchorage points to the scaffold ledgers or other main supporting members;

    (c)    so placed as to ensure stability of the scaffolds;

    (d)    as nearly vertical as is reasonably practicable; and

    (e)    kept taut.

    (2) No rope other than a wire rope shall be used for the suspension of a slung scaffold.

    (3) Where chains or wire ropes are used for the suspension of a slung scaffold, steps shall be taken to prevent the chains or wire ropes coming into contact at points of suspension with edges where this would cause danger.

    (4) Every slung scaffold shall be secured to prevent undue horizontal movement while it is used as a working platform.

39.    Cantilever jib, figure and bracket scaffolds

    (1) No cantilever scaffold or jib scaffold shall be used unless it is adequately supported, fixed and anchored, has out-riggers of adequate length and strength, and it is, where necessary, sufficiently and properly strutted or braced to ensure rigidity and stability.

    (2) No figure scaffold or bracket scaffold supported or held by dogs, spikes or similar fixings liable to pull out of the stonework, brickwork or other surface in which they are gripped or fixed shall be used.

40.    Support for scaffolds, etc.

    (1) No part of a building or other structure shall be used as support for a scaffold, ladder, folding stepladder or crawling ladder, or for part of it, unless the part of the building or other structure is of sound material and sufficiently stable and of sufficient strength to afford safe support.

    (2) No gutters shall be used as supports unless they and their fixings are suitable and are of adequate strength and, in the case of overhanging eaves, gutters shall not be so used unless in addition they have been specially designed as walkways.

41.    Suspended scaffolds (not power-operated).

    (1) The requirements of this Rule (in addition, as respects lifting appliances chains, ropes and lifting gear used in connection therewith, to the requirements of Part X) shall be observed as respects–

    (a)    every suspended scaffold; and

    (b)    plant or equipment which is permanent plant or equipment of a building and which, but for the fact that it is permanently provided, would be a suspended scaffold,

being in any case a suspended scaffold, plant or equipment which is not raised or lowered by a power-driven lifting appliances; and no such suspended scaffold, plant or equipment shall be used unless it complies with the requirements of this Rule.

    (2) In the application of the succeeding paragraph of this Rule references there to suspended scaffolds shall be construed as references to suspended scaffolds to which this Rule applies and as including references to plant or equipment of the kind referred to in paragraph (1)(b).

    (3) Every suspended scaffold shall be provided with adequate and suitable chains or ropes and winches or other lifting appliances or similar devices and shall be suspended from suitable out-riggers, joists, run-ways, rail-tracks or other equally safe anchorage.

    (4) The winches or other lifting appliances or similar devices of a suspended scaffold shall be–

    (a)    provided with a brake or similar device which comes into operation when the operating handle or lever is released; and

    (b)    adequately protected against the effects of weather, dust or material likely to cause damage.

    (5) The outriggers for a suspended scaffold shall be of adequate length and strength and properly installed and supported and, subject to paragraph (17) of this Rule, shall be installed horizontally and provided with adequate stops at their outer ends; and the outriggers shall be properly spaced having regard to the construction of the scaffold and of the runway, joist or rail-track on which the scaffold is carried.

    (6) Where counterweights are used with outriggers the counterweights shall be securely attached to the outriggers and shall not be less in weight than three times the weight which would counterbalance the weight suspended from the outrigger including the weight of the runway, joist or rail-track, the suspended scaffold and persons and other load on it.

    (7) The points of suspension of every suspended scaffold shall be an adequate horizontal distance from the face of the building or other structure.

    (8) Every runway, joist and rail-track supporting a suspended scaffold shall be of suitable and sound material, adequate strength for the purpose for which it is used and free from patent defect, and shall be provided with adequate stops at each end and be properly secured to the building or other structure or, where outriggers are used, to the outriggers.

    (9) The suspension ropes or chains of a suspended scaffold shall be securely attached to the outriggers or other supports and to the platform framework or to any lifting appliance or other device attached to it, as the case may be, and shall be kept in tension.

    (10) Where winches are used with suspended scaffolds the suspension ropes shall be such that at the lowest position at which the scaffold is intended to be used there are not less than two turns of rope remaining on each winch drum and the length of each rope shall be clearly marked on its winch.

    (11) Every part of a suspended scaffold and all plant and equipment used for its purpose shall be of good construction, suitable and sound material, of adequate strength for the purpose for which it is used and shall be properly maintained, and where constructed of metal, shall be free from corrosion and other patent defects, being corrosion and defects likely materially to affect its strength.

    (12) Adequate arrangements shall be made to prevent undue tipping, tilting or swinging of a suspended scaffold and to secure it to prevent undue horizontal movement while it is being used as a working platform.

    (13) No rope other than a wire rope shall be used for the raising lowering and suspension of a suspended scaffold, except that the raising, lowering and suspension may be carried out by means of fibre ropes and pulley blocks in the case of work to which paragraph (17) applies.

    (14) The platform of every suspended scaffold shall–

    (a)    except to the extent necessary for drainage, be closely boarded, planked, or plated; and

    (b)    subject to paragraph (17), be of adequate width to afford adequate working space at every working point and shall, in any event–

        (i)    be at least 600mm wide if used as a footing only and not for the deposit of material;

        (ii)    be at least 800mm wide if used for the deposit of material; and

        (iii)    not be used for the support of any higher scaffold.

    (15) The platform of every suspended scaffold shall be so arranged or secured that at each working position the space between the face of the building or other structure and the platform is as small as reasonably practicable, so, however, that where workmen sit at the edge of the platform to work there may be a space not exceeding 300mm, and, where necessary, a device shall be provided and used to keep the platform a sufficient distance from the wall when persons have to work in a sitting position.

    (16) If a suspended scaffold is carried on fibre ropes and pulley blocks the ropes shall be spaced not more than 3.2m apart.

    (17) Where the work to be carried out from a suspended scaffold is of such a light nature and the material required for the work is such that a cradle or similar lightweight suspended scaffold is used, the following requirements of this Rule shall not apply:

    (a)    the requirements of paragraph (5) that the outriggers shall be installed horizontally and that stops shall be provided; and

    (b)    the requirements of paragraph (14)(b) as to be the width of the platform.

    (18) The platform of a suspended scaffold to which paragraph (17) applies shall not be less than 430mm wide.

42.    Boatswain's chairs, cages, skips etc. (not power-operated)

    (1) No boatswain's chair, cage, skip or similar plant or equipment (not being a boatswain's chair, cage, skip or similar plant or equipment which is raised or lowered by a power-driven lifting appliance), shall be used unless–

    (a)    it is of good construction, suitable and sound material, adequate strength, free from patent defect, and properly maintained;

    (b)    the outriggers or other means of suspension used properly installed as supported;

    (c)    the chains, ropes, lifting gear or other means of suspension used with it (in addition to satisfying the requirements of Part X) are securely attached to the outriggers or other supports and to the chair, cage, skip or other similar plant or equipment or to any lifting appliance or other device attached to it, as the case may be;

    (d)    suitable means are provided to prevent any occupant from falling out;

    (e)    it is free of any material or article liable to interfere with the occupant's handhold or foothold or otherwise endanger him;

    (f)    suitable measures are taken to prevent spinning or tipping in a manner dangerous to any occupant;

    (g)    in the case of a skip or other receptacle it is at least 1.0m deep; and

    (h)    its installation has been, and its use is, supervised by a competent person.

    (2) No boatswain's chair, cage, skip or similar plant or equipment (not being a boatswain's chair, cage, skip or similar plant of equipment which is raised or lowered by a power-driven lifting appliance) shall be used as a working place in circumstances in which a suspended scaffold could be used unless the work is of such short duration that the use of a suspended scaffold would be unreasonable, or the use of a suspended scaffold is not reasonably practicable.

43.    Trestle scaffolds

    (1) All trestle and supports used for any trestle scaffold shall be of good construction, suitable and sound material, adequate strength for the purposes for which they are used and free from patent defect and shall be properly maintained.

    (2) A trestle scaffold shall not be used–

    (a)    if, the scaffold is so situated that a person would be liable to fall from its working platform a distance of more than 4.5m; or

    (b)    if constructed with more than one tier where folding supports are used.

    (3) No trestle scaffold shall be erected on a scaffold platform unless–

    (a)    the width of the platform leaves sufficient clear space for the transport of materials along the platform;

    (b)    the trestle or supports are firmly attached to the platform and adequately braced to prevent displacement.

44.    Inspection of scaffolds, boatswain's chairs, etc.

    (1) Subject to the provisions of this Rule, no scaffold (including any boatswain's chair, cage, skip or similar plant or equipment) and no plant or equipment used for the purposes of any of the preceding shall be used unless (in addition to satisfying the requirements of Part X)–

    (a)    it has been inspected by the safety supervisor before being put into use and, in any case, within the immediately preceding seven days;

    (b)    it has been inspected by safety supervisor since exposure to weather conditions likely to have affected its strength and stability or to have displaced any part;

    (c)    a report has been made of the result of every inspection in the form set out in the first Schedule containing the particulars therein specified and signed by the person making the inspection:

            Provided that subparagraph (a) shall not apply in the case of a scaffold no part of which has been erected for more than seven days and subparagraph (c) shall not apply to a ladder scaffold, a trestle scaffold or a scaffold from no part of which a person is liable to fall a distance of more than 2.0m.

    (2) In the case of a site where the employer for whom the inspection was carried out has reasonable ground for believing that the operation or works will be completed in a period of less than six weeks, the provisions of this Rule requiring that a report shall have been made and signed, shall be deemed to have been satisfied if the person in charge of the operations or works carried on by that employer at that site has himself carried out the inspection and is a competent person, and if, within one week of the date of the inspection he reports to his employer in writing that the scaffold, boatswain's chair, cage skip or similar plant and equipment, as the case may be, and any equipment and plant used for the purpose of any of the preceding, was inspected by him and that he found it in good order or observed certain defects, as the case may be, and the date of the inspection and its results together with the name of the person making the inspection are entered by the employer in the prescribed form, together with the relevant particulars.

45.    Scaffolds used by workmen of different employers

    Where a scaffold or part of a scaffold is to be used by or on behalf of an employer other than the employer for whose workmen it was first erected, the first-mentioned employer or his safety supervisor shall, before the use, and without prejudice to any other obligations imposed upon him by these Rules, take express steps to satisfy himself that the scaffold or part of it is stable, that the material used in its construction are sound and that the safeguards required by these Rules are in position.

46.    Construction of working platform, gangways and runs

    (1) Subject to the provisions of paragraph (2) every working platform, gangway, and run from any part of which a person is liable to fall a distance of more than 2.0m shall be closely boarded, planked or plated.

    (2) The provisions of paragraph (1) shall not apply to–

    (a)    a platform, gangway or run consisting of open metal work having interstices none of which exceed 4,000 square millimetres in area, if there is no risk of persons below that platform, gangway, or run being struck by materials or articles falling through the platform, gangway or run; or

    (b)    a platform, gangway or run, the boards, planks or plates of which are so secured as to prevent their moving and so placed that the space between adjacent boards, planks or plates does not exceed 25mm, if there is no risk of the persons below any such platform, gangway or run being struck by materials or articles falling through the platform.

    (3) No gangway or run, the slope of which exceeds one vertical to one and a half horizontal shall be used.

    (4) Where the slope of a gangway or run renders additional foothold necessary and in every case where the slope is more than one vertical to four horizontal there shall be provided proper stepping laths which shall be–

    (a)    placed at suitable intervals;

    (b)    the full width of the gangway or run, except that where necessary they may be interrupted over widths of not more than 100mm to facilitate the movement of barrows.

47.    Boards and planks in working platforms, gangways and runs

    (1) Every board or plank forming part of a working platform, gangway or run shall be–

    (a)    of a thickness which is such as to afford adequate security having regard to the distance between the putlogs or other supports;

    (b)    not less than 200mm wide or, in the case of boards or planks exceeding 550mm in thickness, not less than 150 mm wide.

    (2) No board or plank which forms part of a working platform, gangway or run shall project beyond its end support to a distance.

    (a)    exceeding four times the thickness of the board or plank unless it is effectively secured to prevent tipping; or

    (b)    which, having regard to the thickness and strength of the board or plank, renders the projecting part an unsafe support for any weight that may be upon it.

    (3) Suitable measures shall be taken either by the provision of adequate bevelled pieces or otherwise to reduce to a minimum the risk of tripping and to facilitate the movement of barrows where boards or planks which form part of a working platform, gangway or run–

    (a)    overlap each other; or

    (b)    are not of reasonably uniform thickness where they meet each other; or

    (c)    owing to warping or for some other reason do not provide a reasonably even surface,

but the provisions of this paragraph shall not apply to a working platform, gangway or run one side of which is contiguous to a curved surface of a cylindrical or spherical structure forming part of a work of engineering construction.

    (4) Every board or plank which forms part of working platform, gangway or run shall–

    (a)    rest securely and evenly on its supports; and

    (b)    need at least three supports unless, taking into account the distance between the supports and the thickness of the board or plank, undue or unequal sagging can be prevented.

    (5) Where work has to be done at the end of a wall or working face the working platform at that wall or face shall, wherever practicable, extend at least 600mm beyond the end of the wall or face.

48.    Width of working platform

    (1) Subject to paragraphs (2) and (4) every working platform (other than working platforms of suspended scaffolds and working platforms referred to in Rule 50(7)(c) and 58, from which a person is liable to fall a distance of more than 2.0m, shall–

    (a)    if used as footing only and not for the deposit of material, be at least 600mm wide;

    (b)    if used for the deposit of material, be at least 800mm wide and have a clear passage way between one side of the working platform and the deposited material adequate in width for the passage of persons being a passage way which is in any case at least 430 mm wide;

    (c)    if used for the passage of materials, afford a clear passage way not less than 600mm wide which is adequate in width for the passage of the materials without removal of the guardrails and toeboards;

    (d)    if used for the support of any higher platform be at least 1.05 m wide;

    (e)    if used to dress or roughly shape stone be at least 1.3m wide;

    (f)    if used for the support of any higher platform and is one upon which stone is dressed or roughly shaped, be at least 1.5m wide; and

    (g)    in every case be of sufficient width to afford adequate working space at every part.

    (2) Subject to paragraph (4) the following platforms to which this Rule applies shall not be less than 430mm wide, being–

    (a)    a platform–

        (i)    of a ladder scaffold;

        (ii)    supported directly by folding trestles or folding step-ladders;

        (iii)    supported or suspended from roof members or the roof under a roof and used for work on or in the vicinity of the roof on which the work is light and of short duration in any one position and the provisions of paragraph (1)(a) and (b) can be dispensed with safety; and

    (b)    a platform which is used for work in connection with cylindrical or spherical metal structures.

    (3) Where work at the face of a building or other structure is done from a working platform to which this Rule applies the space between the face and the working platform shall be as small as practicable, so however, that where workmen sit at the edge of the platform to work, there may be a space not exceeding 300mm.

    (4) The provisions of paragraph (1) and (2) as to width shall not apply to a working platform to which this Rule applies where it is impracticable by reason of limitations of space to provide a platform of the width required by those paragraphs, but the platform shall in any case be as wide as is reasonably practicable.

49.    Width of gangways and runs

    (1) Subject to paragraph (2) every gangway and a run from any part of which a person is liable to fall a distance of more than 2.0m shall–

    (a)    if used for the passage of persons only, be at least 430mm wide;

    (b)    if used for the passage of materials, be adequate in width for the passage of materials and in any case be not less than 600mm wide.

    (2) The provisions of paragraph (1) shall not apply to a gangway or run where it is impracticable by reason of limitations of space to provide a gangway or run of the width required by those provisions, but the gangway or run shall in any case be as wide as is reasonably practicable.

50.    Guardrails and toeboards at working platforms and places

    (1) Every side of a working platform or working place being a side from which a person is liable to fall a distance of more than 2.0m, shall, subject to paragraphs (4) to (7) and except as provided in paragraph (8) be provided–

    (a)    with a suitable guardrail of adequate strength to a height of between 910mm and 1.15m above the platform or working place and above any raised standing place in the platform or working place; and

    (b)    with toeboards, or other barriers up to a sufficient height which shall in no case be less than 150mm unless its provision is impracticable on account of the nature of the work.

    (2) A guardrail, toeboard, or barrier provided under the provisions of this Rule shall be so placed as to prevent so far as possible the fall of persons, materials or article from a working platform or working place.

    (3) Without prejudice to the provisions of Rule 33 the outward movement of guardrails and toe boards or barriers shall (unless they are so designed and used as to prevent that movement) be prevented by placing them on the inside of an upright or by other equally effective means.

    (4) Where guardrails are required to be provided, the distance between any toeboard or other barrier and the lowest guardrail above it, shall not exceed 700mm.

    (5) Guardrails, toeboards and barriers required by paragraph (1) may be removed or remain unerected for the time and to the extent necessary for the access of persons or the movement of materials or for other purposes incidental to the work; but guardrails, toeboards and barriers removed or remaining unerected for any of those purposes shall be replaced or erected as soon as practicable.

    (6) On the side of a suspended scaffold next to the wall or working face–

    (a)    guardrails where required by this Rule need not extend to a height of more than 700mm above the platform if the work is impracticable with a guardrail at a greater height; and

    (b)    guardrails and toeboards or other barriers shall not be required if the workers sit at the edge of the platform to work and ropes or chains affording the workers a safe and secure handhold, are provided.

    (7) None of the requirements of paragraphs (1), (2) and (3) shall apply to–

    (a)    the platform of a ladder scaffold if a secure handhold is provided along the full length of the platform;

    (b)    the platform of a trestle scaffold when the platform is supported on folding trestles, split heads or similar devices or folding stepladders;

    (c)    a platform which is used only in the course of erecting any framework or prefabricated unit forming part of a building or other permanent structure for the purpose of jointing, bolting-up, riveting or welding work and which is used for such a short period as to make the provision of guardrails and toeboards or barriers unreasonable if–

        (i)    the platform is at least 800mm wide;

        (ii)    there is adequate handhold; and

        (iii)    the platform is not used for the deposit of materials or articles otherwise than in boxes or receptacles suitable to prevent the fall of the materials or articles from the platform;

    (d)    a temporary platform passing between two adjacent glazing bars of a roof with a sloping surface if those bars or the roof framework afford secure handhold along the full length of the platform but toeboards or barriers shall be provided in accordance with paragraphs (1), (2) and (3) unless the provision of toeboards or barriers is impracticable on account of the nature or circumstance of the work.

    (e)    a platform under a roof being a platform which is supported by or suspended from roof members or the roof and which is used only for work on or in the vicinity of the roof and of a light nature and of such short duration as to make the provision of guardrails and toeboards or barriers unreasonable if–

        (i)    there is adequate handhold at every working position; and

        (ii)    the material required for the work is such that the platform can be used with safety;

    (f)    a working platform or working place one side of which is contiguous to the concave surface of a cylindrical or spherical structure so long as reasonable practicable steps are being taken to prevent persons working on it from falling a distance of more than 2.0m.

    (8) Except as provided in Rule 58, the provisions of this Rule shall not apply to working platforms and working places being working platforms and working places to which that Rule applies.

51.    Guardrails, etc., for gangways, runs and stairs

    (1) Except for the time and to the extent necessary for the access of persons or the movement of materials, stairs shall be provided throughout their length with handrails or other efficient means to prevent the fall of persons, and, where necessary to prevent danger to any person, the handrails or other means shall be continued beyond the end of the stairs.

    (2) Every side of any gangway, run or stairs from which a person is liable to fall a distance of more than 2.0m shall be provided–

    (a)    with a suitable guardrail or guardrails of adequate strength to a height of between 910mm and 1.15m above the gangway, run or stairs; and

    (b)    except in the case of stairs, and subject to paragraph (3), with toeboards or other barriers up to a sufficient height which shall in no case be less than 150mm and which shall be so placed as to prevent, as far as possible, the fall of persons, materials and articles; and the space between those toeboards or barriers and the lowest guardrail above it, shall not exceed 700mm.

    (3) The provisions of paragraph (2) shall not apply to a temporary gangway which is used only in the course of erecting framework forming part of a building or of other permanent structure designed for work of such short duration as to make the provision of a gangway with guardrails and toeboards or other barriers, unreasonable.

    (4) Guardrails, toeboards and barriers required by paragraph (2) may be removed or remain unerected for the time and to the extent necessary for the access of persons or the movement of material or other purposes of the work; but guardrails, toeboards and barriers removed or remaining unerected for any of these purposes shall be replaced or erected as soon as practicable.

52.    Platforms, gangways, runs and stairs, etc., to afford safe foothold

    (1) If a platform, gangway, run or stair becomes slippery, appropriate steps shall as soon as reasonably practicable, be taken by way of cleaning or some other means to remedy the dangerous condition.

    (2) Every platform, gangway, run or stair shall be kept free from unnecessary obstruction and material and free from rubbish and projecting nails.

53.    Construction and maintenance of ladders and folding step-ladders

    (1) Every ladder and folding step-ladder shall be of good construction, of suitable and sound material, and of adequate strength for the purpose of which it is used and shall be properly maintained.

    (2) A contractor shall not use a ladder in which a rung is missing or is defective.

    (3) Every rung of a ladder shall be properly fixed to the stiles or sides.

    (4) No ladder shall be used in which any rung depends for its support solely on nails, spikes or other similar fixing.

    (5) Where in the case of a wooden ladder the tenon joints are not secured by wedges, reinforcing ties shall be used.

    (6) Wooden stiles or sides and wooden rungs of ladders shall have all the grain running lengthwise.

    (7) The requirements of paragraphs (3), (4), (5) and (6) of this Rule shall not apply to ladders to which Rule 58 applies.

54.    Use of ladders and folding step-ladders

    (1) The provisions of this Rule shall apply to ladders and folding step-ladders being ladders and folding step-ladders which afford a means of access, egress, communication or support to a person or persons employed, but not to any ladder lying upon a roof or to a crawling board of crawling ladder.

    (2) Subject to the provisions of paragraph (3), no ladder standing on a base shall be used unless–

    (a)    it is securely fixed near to its upper resting place, or in the case of a vertical ladder, near to its upper end, and where the fixing is impracticable the ladder shall be securely fixed at or near to its lower end;

    (b)    a person is stationed at the foot of the ladder when it is in use and is holding it to prevent it from slipping where it is impracticable to fix it in accordance with subparagraph (a);

    (c)    it has a level and firm footing and is not standing on loose bricks or other loose packing;

    (d)    it is secured where necessary to prevent undue swaying or sagging; and

    (e)    it is equally and properly supported on each stile or side.

    (3) Paragraph (2) shall not apply to a ladder which is not more than 3.0m in length and which is not used as a means of communication, if the ladder is securely placed so as to prevent it from slipping or falling.

    (4) No ladder shall be used unless–

    (a)    (i)    it extends to a height of at least 1.0 m above the place of landing or the highest rung to be reached by the feet of any person using the ladder, as the case may be, or, if this is impracticable, to the greatest practicable height; or

        (ii)    there is other adequate handhold; and

    (b)    there is sufficient space at each rung to provide adequate foothold.

    (5) Every ladder, other than a ladder to which paragraph (2) applies, shall, before being used–

    (a)    be securely suspended;

    (b)    be secured where necessary to prevent undue swinging or swaying; and

    (c)    be equally and properly suspended by each stile or side.

    (6) no folding step-ladder shall be used unless it has a level and firm footing or while it is standing on loose bricks or other loose packing.

    (7) No ladder or run of ladders rising a vertical distance of over 9.0m shall be used unless it is, if practicable, provided with an intermediate landing place or intermediate landing places so that the vertical distance between any two successive landing places shall not exceed 9.0m.

    (8) Every landing place shall be of adequate dimensions and, if a person is liable to fall from there a distance of more than 2.0m, shall, except in so far as it is not reasonably practicable, be provided with sufficient and suitable guardrails to a height of between 910mm and 1.15m above the landing place and with toeboards or other barriers up to a sufficient height which shall in no case be less than 150mm, so placed as to prevent as far as possible the fall of persons, materials and articles and so that the space between any toeboard or other barrier and the lowest guardrail above it shall not exceed 700mm.

    (9) Where any ladder passes through an opening in the floor of a landing place, the opening shall be as small as is reasonably practicable.

55.    Openings, corners, breaks, edges and open joists

    (1) Paragraphs (2) and (3) shall apply to every opening, corner, break or edge–

    (a)    in or of a roof (other than a roof to which Rule 58 applies), floor, wall or other similar part of a building or of any other structure whether the floor, roof, wall or other similar part is complete or only partly complete or is in course of construction, maintenance, repair or demolition;

    (b)    in or of a working platform gangway or run, being an opening, corner, break or edge which a person is liable to pass.

    (2) Subject to Rule 58 in the case of an opening, corner, break or edge through or from which a person is liable to fall a distance of more than 2.0m or to fall into any liquid or material so as to involve risk of drowning or serious injury, there shall be provided either–

    (a)    a suitable guardrail or guardrails of adequate strength to a height of between 910mm and 1.15m above the surface across which persons are liable to pass; and toeboards or other barriers up to a sufficient height which shall in no case be less than 150mm, and so placed as to prevent as far as possible the fall of persons, materials and articles with the space between a toeboard or other barrier and the lowest guardrail above it not exceeding 700mm; or

    (b)    a covering so constructed as to prevent the fall of persons, materials and articles, which covering shall be clearly and boldly marked to show its purpose and be securely fixed in position.

    (3) Subject to Rule 50, in the case of an opening, corner, break or edge (not being an opening, corner, break or edge to which paragraph (2) applies) through or from which materials or articles are liable to fall so as to endanger persons employed, suitable precautions by way of the erection of toeboards, secure covering or otherwise shall be taken to prevent materials and articles so falling.

    (4) Subject to Rule 56, when work is done on or immediately above an open jointing through which a person is liable to fall a distance of more than 2.0m, the jointing shall be securely covered by boards or other temporary covering to the extent necessary to afford safe access to or foothold for the work, or other effective measures shall be taken to prevent persons from falling.

56.    Exceptions to Rule 55

    (1) Guardrails, toeboards, barriers and covering required by Rule 55 may be removed or remain unerected–

    (a)    where and when this is necessary in order to proceed with any permanent filling in, covering or enclosure; or

    (b)    for the time and to the extent necessary for the access of persons or the movement of materials or other purposes of the work, but guardrails, toeboards, barriers and coverings removed or remaining unerected for any of these purposes shall be replaced or erected as soon as practicable.

    (2)    Notwithstanding the provisions of Rule 50, Rule 55 shall not apply to an opening, corner, break or edge created in the course of demolition operation to which Rule 109 applies, or to an opening, corner, break or edge created in the course of an other demolition operation, if in the course of the last mentioned demolition operation the opening, corner, break or edge is not left unattended.

57.    Work on roofs

    Roof covering and other works on a roof shall be undertaken with necessary precautions to avoid fall of persons and falls of material, and if the weather conditions such as strong wind or rain, brings hazards for accidents, particular care shall be taken and, if needed, the work shall be interrupted.

58.    Sloping roofs

    (1) In this Rule "sloping roof" means a roof or part of a roof having a pitch of more than ten degrees which is covered either wholly or partly and–

    (a)    which is in the course of construction, maintenance, repair, or demolition; or

    (b)    which is used as a means of access to or egress from building operations or works of engineering construction on a roof or part of a roof.

    (2) Except as provided in paragraphs (6) and (7), where a sloping roof has–

    (a)    a pitch of more than thirty degrees; or

    (b)    a pitch of thirty degrees or less and a surface on or from which a person is, by reason of the nature or condition of the surface or of the weather, liable to slip or fall to such an extent that he is liable to fall from the edge of the roof,

work there or from there shall only be carried out by workmen who are suitable for that purpose and the requirements of paragraphs (3) and (4) shall be complied with.

    (3) Where a sloping roof is used as a means of access to or egress from building operations or works of engineering construction on a roof or part of a roof, sufficient and suitable crawling ladders or crawling boards shall be provided on that sloping roof.

    (4) Where any work is done on or from any sloping roof, sufficient and suitable crawling ladders or crawling boards shall be provided on that sloping roof and (except where the work is not extensive) either–

    (a)    a barrier shall be provided at the lower edge of the sloping roof (other than the upper surfaces of a tank or similar structure or metal construction), of such a design and so constructed as to prevent a person falling from that edge; or

    (b)    the work shall be done from a securely supported working platform not less than 430mm wide which complies with the requirements of paragraph (1) and (5) of Rule 50.

    (5) Crawling ladders and crawling boards provided in pursuance of paragraph (3) or (4) shall be–

    (a)    of good construction, suitable and sound material, adequate strength for the purpose for which they are used, free from patent defect and properly maintained;

    (b)    properly supported; and

    (c)    securely fixed or anchored to the slopping surface or over the roof ridge or securely fixed in some other effective way, so as, in every case, to prevent slipping.

    (6) Crawling ladders or crawling boards shall not be required in case of a sloping roof where the handhold and foothold afforded by the battens or other similar members of the structure are such that the sloping roof is as safe for every person on it as it would be if crawling ladders or crawling boards were provided.

    (7) The requirements of paragraph (4)(a) and (b) shall apply only in the case of a sloping roof from the eaves of which a person is liable to fall a distance of more than 2.0m.

    (8) Suitable and sufficient means shall be provided to prevent the fall of materials or articles from a sloping roof.

59.    Working on or near fragile materials

    (1) Notwithstanding the provisions of Rules 55 and 58 no person shall pass across, or work on or from material which would be liable to fracture if his weight were to be applied to it and which is so situated that if it were to be so fractured, the person would be liable to fall a distance of more than 1.0m, unless suitable and sufficient ladders or crawling ladders or crawling boards or duck boards (which shall in any case be securely supported and, if necessary, secured so as to prevent their slipping), or other sufficient means as are necessary are provided and so used that the weight of any person passing or working on the material is wholly or mainly supported by the ladders or boards or other means.

    (2) Notwithstanding the provisions of Rule 55 and 58 no persons shall pass or work near material of the kind and situated as specified in paragraph (1) unless suitable guardrails or suitable covering or other suitable means to prevent, so far as reasonably practicable, a person so passing or working from falling through the material are provided and used.

    (3) Where a person passes across or near, or works on or near, materials of the kind and situated as specified in paragraph (1), prominent warning notices shall, except where the material consists wholly of glass, be affixed at the approaches to the place where the material is situated.

    (4) References in this Rule to a person's weight shall be construed as references to the aggregate of his own weight and that of anything he may be, for the time being, supporting by his own person.

    (5) All plant and equipment provided in pursuance of this Rule shall be of good construction, suitable and sound material, adequate strength for the purpose for which it is used, free from patent defect and properly maintained.

60.    Loads on scaffolds

    (1) A scaffold shall not be overloaded and so far as practicable the load on it shall be evenly distributed.

    (2) When material is transferred on or to a scaffold it shall be moved or deposited without imposing a violent shock.

    (3) Material shall not be kept upon a scaffold unless the material is needed for work within a reasonable time.

61.    Prevention of falls and provision of safety nets and belts

    (1) Where, by reason of the special nature or circumstances of any part of the work or of the access to it or the egress of from there, it is impracticable to comply with all or any of the requirements of Rules 29, 46 to 52, 55, 58 and 59, so far as they relate to the falls of persons, the requirements of those Rules shall be complied with so far as practicable and in any case, except as provided in paragraphs (2) and (3), there shall, in addition, where practicable, be provided and so erected and kept in such positions as to be effective to protect persons carrying on any work or operation or using any access or egress, suitable safety nets or safety sheets of such a design and so constructed and installed as to prevent so far as practicable, injury to persons falling on them.

    (2) Safety nets or safety sheets provided under this Rule may be removed or remain unerected for the time and to the extent necessary for the access of persons or the movements of materials or other purposes of the work, but shall be replaced or erected as soon as practicable.

    (3) Where, by virtue of paragraph (2) safety nets or safety sheets would be required to be provided for the protection of persons carrying on any part of the work or using the access to it or the egress from it, but the work can be carried on or the access or egress used while making use of safety belts or other suitable equipment attached continuously to suitable and securely fixed anchorage, safety nets or safety sheets shall not be required to be provided.

    (4) Where–

    (a)    it is impracticable to provide safety nets or safety sheets as would be required to comply with paragraph (1);

    (b)    it is not reasonably practicable to provide all those nets or sheets by reason of the frequent movement of materials or other purposes of work; or

    (c)    the work is of such short duration as to make the provision of all nets or sheets unreasonable,

any safety nets or safety sheets provided in accordance with the provisions of this Rule shall be provided to the extent to which it is reasonably practicable to provide them and in any such case there shall also be provided (together with suitable and sufficient anchorages) suitable and sufficient safety belts or other suitable and sufficient equipment having suitable fittings and being of such a design and so constructed as to prevent serious injury in the event of fall to persons using them.

    (5) All safety nets, safety sheets, safety belts and other equipment provided in pursuance of this Rule shall be properly maintained.

PART X
LIFTING OPERATIONS: CRANES AND OTHER LIFTING APPLIANCES (rules 62-89)

62.    Lifting machinery in factory premises and in docks, etc.

    (1) Lifting appliances, chains, ropes and lifting gear to which this Rule applies shall, as respects their incidental or occasional use in or for the purpose of building operations or works of engineering construction be excluded from the operations of the Rule specified in Column 1 of the Second Schedule to the extent respectively specified in Column 2 of that Schedule and subject to the exceptions and conditions respectively specified in Column 3 of that Schedule.

    (2) This Rule applies to any lifting appliances, chain, rope or lifting gear–

    (a)    which forms part of the permanent equipment of a factory or other premises to which the safety provisions in sections 30, 31 and 32 of the Act apply, and which is used at the factory or those premises in raising or lowering for purposes other than building operations or works of engineering construction, but is being used for those operations or works at that factory or those premises; or

    (b)    which is regularly and ordinarily used in the processes of loading, unloading, moving or handling goods in, on or at any dock, wharf or quay in any port or harbour specified in the First Schedule to the Factories (Docks) Rules, but is being used for building operations or works of engineering constructions in, on or at a dock, wharf or quay in any port or harbour as specified in that Schedule.

63.    Delivery of loads with lifting gears attached

    Where any article, material or load intended for use in building operations or works of engineering construction is delivered at, or adjacent to, the site of those operations or works with a chain, rope or lifting gear attached to it and designed for use as a means of raising and lowering that class of load when removing it from the point of delivery to a position on the site, and the chain, rope or gear is freed from patent defect, whether of construction or quality, and is not owned or hired by a contractor or employer of workmen who is undertaking those operations or works on the site, then the requirements of Rules 90, 91, 96 and 97, shall not apply in respect of the use of that chain, rope or lifting gear for raising or lowering the load so long as the chain, rope or gear remains attached to the article, material or load.

64.    Hoists forming part of permanent equipment

    Rules 66, 71, 98 to 102 and 104 shall not apply to a hoist forming part of the permanent equipment of any structure or underground shaft and which is regularly and ordinarily used for the carriage of persons or goods, but no such hoist shall be used for the carriage of persons or goods, but no such hoist shall be used for the purpose of building operations or works of engineering construction unless the following conditions are complied with–

    (a)    the hoist shall not be so used for carrying persons unless a maximum number of persons to be carried at any one time has been specified by the maker or by an insurer of the hoist or by competent firm of lift engineers carrying out periodic examinations of the hoist, and a greater number is not being carried;

    (b)    the hoist shall not be so used for carrying materials, tools or other articles, other than lift articles readily carried by a person who is riding in the hoist, unless the hoist complies with the requirements of section 30 of the Act;

    (c)    on any occasion when the hoist has been used for raising or lowering for the purpose of those operations or works the hoistway, gate or lift door at a landing place shall not be left open except where it is immediately necessary for it to be open to afford access to the hoist for some other purpose.

65.    Hoists manufactured before the commencement of the Rules

    (1) In the case of hoists manufactured before the date of commencement of the Rules, if it is not reasonably practicable to comply with any requirement of Rules 98(2), 98(3), 100, or 104, it shall be sufficient if the hoists has been brought as near as is reasonably practicable into conformity with that requirement and a certificate that this has been done has been obtained from a competent person.

    (2) In the case of a hoist which was in use at the date of commencement of these Rules and so long thereafter as it is continued to be used in building operations and works of engineering construction, it shall be sufficient if the requirements of paragraph (1) were complied with within three years from that date.

66.    Construction, maintenance and inspections

    (1) Every lifting appliance and every part of it including all working gear and all other plant or equipment used for anchoring or fixing the appliance shall–

    (a)    be of good mechanical construction, sound material, adequate strength and free from patent defect;

    (b)    be properly maintained; and

    (c)    as far as the construction permits, be inspected at least once in every week by the driver if competent for the purpose, or other competent person.

    (2) A report of the results of every inspection carried out under the provisions of paragraph (1)(c), signed by the person carrying out the inspection, shall be made immediately in the prescribed form and containing the prescribed particulars.

    (3) In the case of a site where the employer by whom the inspection was carried out has reasonable grounds for believing that the operations or works will be completed in a period of less than six weeks, the provisions in this Rule requiring that a report to be made and signed,in so far as it relates to lifting appliances not worked by mechanical power and all plant or equipment used for anchoring or fixing those appliances, shall be deemed to have been satisfied, if the person in charge of the operations or works carried on by that employer at that site has himself carried out the inspection and is a competent person.

    (4) Notwithstanding paragraph (3) if, within one week of the date of the inspection, he reports to his employer in writing that the lifting appliance and plant or equipment were inspected by him and that he has found them in good order, or observed certain defects, as the case may be, and the date of the inspection and its results together with the name of the person making the inspection shall be entered by the employer in the prescribed form together with the prescribed particulars.

67.    Support, anchoring, fixing and erecting

    (1) Every lifting appliance shall be adequately and securely supported.

    (2) Every part of a stage, scaffold, framework or other structure and every mast, beam, pole or other article of plant or equipment supporting a lifting appliance or any part of it shall (having regard to the nature of the lifting appliance, its lifting and reaching capacity and the circumstances of its use) be of good construction and adequate strength and shall be of sound material and free from patent defect.

    (3) Every part of the framework of every crab or winch, including its bearers, shall be of metal.

    (4) Any anchoring or fixing arrangements provided in connection with a lifting appliance shall be adequate and secure.

    (5) Every temporary attachment or connection of a rope, chain or other plant or equipment, used in the erection or dismantling of a lifting appliance shall be adequate and secure.

    (6) In the case of a crane which is on occasion dismantled, a jib or boom which is separated from the crane in dismantling shall be clearly marked so as to indicate the crane of which it was a part.

68.    Precautions where lifting appliance has travelling or slewing motion

    (1) On every stage, gantry or other place where a lifting appliance having a travelling or slewing motion is in use, an unobstructed passageway not less than 600mm wide shall be maintained between any travelling or moving part of the appliance and any guard-rails, fencing or other nearby fixture.

    (2) Where at any time it is impracticable to maintain a passageway required by paragraph (1) at any place or point, all reasonable steps shall be taken to prevent the access of any person to that place or point.

69.    Platforms for crane drivers and signallers

    (1) Where a platform is provided for the person driving or operating a crane, or for a signaller, the platform shall be–

    (a)    of sufficient area for the persons employed there;

    (b)    close planked or plated; and

    (c)    provided with safe means of access,

and every side of the platform, being a side of it from which a person is liable to fall a distance of more than 2.0m, shall be provided with a suitable guard-rail or guard-rails of adequate strength, to a height of at least 1.0m above the platform and above any raised standing place on the platform, and with toe-boards up to a sufficient height not less than 200mm and so placed as to prevent as far as possible the fall of persons, materials and tools from the platform.

    (2) The space between any toe-board and the lowest guard-rail above it on any platform for the person or persons driving or operating a crane, or for a signaller, shall not exceed 700mm.

    (3) Guard-rails and toe-boards required by this Rule may be removed or remain unerected only for the time and to the extent necessary for the access of persons or for the movement of materials.

70.    Cabin for drivers

    (1) Subject to paragraph (2), (3) and (4), the driver of a power-driven lifting appliance shall be provided with a suitable cabin which shall–

    (a)    afford him adequate protection from the weather; and

    (b)    be so constructed as to afford ready access to any parts of the lifting appliance as are within the cabin and need periodic inspection or maintenance.

    (2) No cabin shall be provided which prevents the driver from having such clear and unrestricted view as is necessary for the safe use of the appliance.

    (3) Subject to paragraph (4) where reasonably practicable, the cabin shall, before the lifting appliance is put into general use, be completely erected, or other adequate provision shall be made for the protection of the driver from the weather.

    (4) Paragraphs (1), (2) and (3) shall not apply–

    (a)    in cases where the driver is indoors or otherwise adequately protected from the weather;

    (b)    to a hoist other than a hoist operated only from one position alongside the winch;

    (c)    to lifting appliances mounted on wheels and having a maximum safe working load of one tonne or less;

    (d)    to any machine incorporating a lifting appliance where the primary purpose of that machine is not that of a lifting appliance;

    (e)    to lifting appliances for occasional use or for use for only short periods.

71.    Drums and pulleys

    Every drum or pulley round which the chain or wire rope of a lifting appliance is carried shall be of suitable diameter and construction for the chain or rope used, and every chain or rope which terminates at the winding drum of a lifting appliance shall be properly secured to it and at least two turns of the chain or rope shall remain in the drum in every operating position of the appliance.

72.    Brakes, controls, safety devices, etc.

    (1) Every crane, crab and winch shall be provided with an efficient brake or brakes or other safety device which will prevent the fall of the load when suspended, and by which the load can be effectively controlled whilst being lowered.

    (2) On every lifting appliance every lever, switch or other device provided for controlling the operation of any part of the appliance, being a lever, handle, switch or other device whose accidental movement or displacement is liable to cause danger, shall, where practicable (unless it is so placed or the appliance is so constructed as to prevent accidental movement or displacement), be provided with a suitable spring or other locking arrangement to prevent the accidental movement or displacement:

    Provided that in the case of a lifting appliance which was at the date of commencement of these Rules used, and so long thereafter as it is continued to be used, in works of engineering construction, it shall be sufficient if the requirements of this paragraph are complied with within two years from that date.

    (3) Every lever, handle, switch or other device provided for controlling the operation of any part of a lifting appliance shall have upon or adjacent to it clear markings to indicate its purpose and mode of operation:

    Provided that this paragraph shall not apply to rotating handles for raising or lowering the load in the case of a winch or non-derricking jib crane not operated by mechanical power.

73.    Safe means of access

    Where a person engaged on the examination, repair or lubrication of a lifting appliance is liable to fall a distance of more than 2.0m there shall so far as is reasonably practicable, be provided and maintained safe means of access to and egress from the place at which the person has to work, with (where necessary), adequate hand holds and footholds.

74.    Poles or beams supporting pulley blocks or gin wheels

    No pulley block or gin wheel suspended from or supported by a pole or beams shall be used for raising or lowering materials unless it is effectively secured to the pole or beam and the pole or beam is–

    (a)    of adequate strength for the purpose for which it is being used; and

    (b)    adequately and properly secured so as to support the pulley block or gin wheel and the load with safety and so as to prevent undue movement of the pole or beam.

75.    Stability of lifting appliances

    (1) Appropriate precautions shall be taken to ensure the stability of lifting appliances used on a soft or uneven surface or on a slope.

    (2) No crane shall be used for raising or lowering unless, so as to ensure stability, it is either securely anchored or adequately weighted by suitable ballast which shall be properly placed on the crane structure and sufficiently secured to prevent the ballast being accidentally displaced.

    (3) No part of any rails on which a crane is mounted or the sleepers supporting those rails shall be used as anchorage for a crane used for raising or lowering.

    (4) The whole of the appliances for the anchorage or ballasting of a crane shall be examined by a competent person on each occasion before the crane is erected.

    (5) After each erection of a crane on a site and after each removal of a crane about or to that a site, or any adjustment to any member of the crane, being a removal or adjustment which involves changes in the arrangements for anchoring or ballasting the crane, the security of the anchorage or the adequacy of the ballasting, as the case may be, shall, before the crane is taken into use, be tested by a competent person, by the imposition either–

    (a)    of a load of twenty-five percent above the maximum load to be lifted by the crane as erected at the position where there is the maximum pull on each anchorage; or

    (b)    of a lesser load arranged to provide an equivalent test of the anchorage or ballasting arrangement.

    (6) A report of every test under paragraph (5) and its result signed by the person carrying out the test, shall be made immediately in the prescribed form and shall contain the prescribed particulars.

    (7) If the person making test under paragraph (5) considers that the maximum load which may safely be lifted by that crane as erected is less than the safe working load of the crane, he shall specify that maximum load among the particulars to be recorded.

    (8) The person making the test under paragraph (5) shall, after every test, draw a loading diagram appropriate to the stability of the crane as to the time of the test, taking into account, in the case of a crane mounted on wheels, the condition of the track, and indicating a modified safe working load or loads, which diagram shall be affixed in a position where it can readily be seen by the crane driver, and any modified safe working load or loads shall be deemed for the purpose of these Rules to be the safe working load or loads of the crane as erected.

    (9) Where the stability of a crane is secured by means of removable weights, a diagram or notice indicating the position and amount of those weights shall be affixed on the crane where it can be readily seen.

    (10) No crane shall be used or erected under weather conditions likely to endanger its stability and after exposure to weather conditions likely to have affected the stability of the crane, and the anchorage arrangements and ballast shall be examined by a competent person, as soon as practicable and before the crane is used, any necessary steps being taken to ensure the stability of the crane.

76.    Rail mounted cranes

    (1) All rails on which a crane moves shall–

    (a)    be supported on a surface, sufficiently firm to prevent undue movement of the rails;

    (b)    have an even running surface, be sufficiently and adequately supported, and be of adequate section;

    (c)    be jointed by fish plates or double chairs;

    (d)    be securely fastened to sleepers or bearers;

    (e)    be laid in straight lines or in curves of such radii that the crane can be moved freely and without danger of derailment; and

    (f)    be provided with adequate stops or buffers on each rail at each end of the track.

    (2) Subparagraphs (c) and (d) of paragraph (1) shall not apply in the case of a crane on bridge rails or in the case of any crane if other adequate steps are taken to ensure the proper junction of the rails and to prevent any material variation in their gauge.

    (3) All rails and equipment referred to in paragraph (1) shall be properly maintained.

    (4) A crane mounted on rails shall be provided with effective brakes for the travelling motion, or sprags, scotches or chocks shall be available and used when necessary.

    (5) Where a scotch derrick crane is mounted on more than one bogie, trolley or wheeled carriage, the crane sleepers or land ties, and if necessary the bogies, trolley or wheeled carriages shall be rigidly braced and properly connected together, and the rails on which each bogie, trolley or wheeled carriage moves shall be level, and the crane shall be moved on the track only in a manner that does not cause instability, rocking or distortion either of the crane structure or of the supporting framework.

    (6) Every travelling crane on rails shall be provided with guards to remove from the rails any loose material likely to cause danger.

77.    Mounting of cranes

    Every bogie, trolley or wheeled carriage on which a crane is mounted shall, having regard to the purpose for which the crane is to be or is being used, be of good construction, adequate strength and suitable to support the crane and shall be of sound material, free from patent defect and properly maintained.

78.    Cranes with derricking jibs

    On every crane having a derricking jib operated through a clutch, there shall be provided on properly maintained an effective interlocking arrangement between the derricking clutch and the pawl sustaining the derricking drum to ensure that the clutch cannot be disengaged unless the pawl is in effective engagement with the derricking drum, and the pawl cannot be disengaged unless the clutch is in effective engagement with the derricking drum:

    Provided that this Rule shall not apply to a crane in which–

    (a)    the hoisting drum and the derricking drum are independently driven; or

    (b)    the mechanism driving the derricking drum is self-locking.

79.    Restriction on use of cranes

    (1) Notwithstanding paragraph (2), and unless no undue stress is imposed on any part of the crane structure or mechanism, and the stability of the crane is not endangered by it, the hoisting mechanism of a crane shall only be used for raising or lowering loads vertically and under the supervision of a competent person.

    (2) A crane with a derricking jib shall not be used with the jib at a radius exceeding the maximum radius required to be specified for the job in the certificate of test and examination required by Rule 84.

80.    Use of crane with timber structural member prohibited

    No person shall use a crane which has any timber structural member.

81.    Erection of cranes under supervision

    No person shall erect a crane except under the immediate direct supervision of a competent person.

82.    Competent persons to operate lifting appliances and give signals

    (1) No person who is not trained and competent, or is under the age of eighteen years, shall, except for training purposes and then under the direct supervision of a person qualified for the purpose, drive or operate a crane or other lifting appliance.

    (2) The employer of an operator or driver of a crane or other lifting appliance shall, before taking the driver or operator into employment test and ensure the competency of the operator or driver and issue him with a certificate of competency endorsed in respect of the crane or lifting appliance to be operated or driven.

    (3) No person under the age of eighteen years shall be employed (except under the direct supervision of a competent person for training purposes) either to give signals to the operator of a lifting appliance driven by mechanical power or to operate the appliance.

    (4) Subject to paragraphs (5) and (6) and except where clear and unrestricted view is not necessary for safe working, there shall be appointed and suitably stationed throughout the operation, one or more competent persons to give necessary signals to the operator or driver of a crane or other lifting appliance who may not have a clear and unrestricted views of the load and its vicinity or the point of attachment for a load and its vicinity.

    (5) Where and in so far as it is impracticable to comply with the requirements of paragraph (4), other effective measures shall be taken to enable the driver or operator of a lifting appliance–

    (a)    to ascertain the position of the load, or point of attachment for a loan, when it is in the vicinity of a loading or unloading point or of any other place at which danger is reasonably to be anticipated; or

    (b)    to ensure the safe movement of the load.

    (6)    The provisions of paragraphs (4) and (5) shall not apply.

    (a)    in the case of a hoist of an aerial cableway, or of an aerial ropeway; or

    (b)    in the case other than that of a hoist as respects places where the appliance can raise or lower the load (or point of attachment for a load) vertically only, without any horizontal or slewing motion if for safe working the driver or operator of the appliance needs information related to the movement, when it is at or in the immediate vicinity of certain points only, and effective arrangements are made by means of a signalling system, position indicators or otherwise for providing the driver or operator with the information necessary for safe working.

    (7) There shall be efficient signalling arrangements between the driver or operator and persons employed at a loading or unloading point of an aerial cableway or aerial ropeway.

83.    Signals

    (1) Every signal given for the movement or stopping of a lifting appliance shall be distinctive in character and such that the person to whom it is given is able to hear or see easily.

    (2) Devices or apparatus used for giving sound, colour or light signals shall be properly maintained and the means of communication shall be adequately protected from accidental interference.

84.    Testing and examination of cranes, etc.

    (1) Subject to paragraph (4) no crane, crab or winch shall be used unless it has been tested and thoroughly examined by a competent person within the previous four years and no pulley block, gin wheel or sheer legs shall be used in the raising or lowering of a load weighing one tonne or more unless it has been tested and thoroughly examined by a competent person.

    (2) Subject to paragraph (4) no crane, crab or winch shall be used after any substantial alteration or repair affecting its strength or stability until it has been tested and thoroughly examined by a competent person and no pulley block, gin wheel or sheer legs shall, after any substantial alteration or repair, be used in the raising or lowering of a load weighing one tonne or more until it has been tested and thoroughly examined by a competent person.

    (3) Subject to paragraph (4), no lifting appliance shall be used unless it has been thoroughly examined by a competent person within the previous fourteen months or after it has undergone substantial alteration or repair.

    (4) Nothing in paragraphs (1), (2) and (3) shall apply to a hoist.

    (5) No crane, crab, winch, pulley block or gin wheel shall be used unless there has been obtained in such form as may be prescribed as respects the kind of lifting appliance tested and examined, a certificate of any test and examination required by paragraphs (1) and (2) signed by the person making or responsible for the carrying out of the test and examination and specifying–

    (a)    the safe working load or loads;

    (b)    in the case of a crane with a variable operating radius (including a crane with a derricking jib), the radii of the jib, trolley or crab appropriate to the specified safe working load or loads; and

    (c)    in the case of a crane with a derricking jib, the maximum radius at which the jib may be worked.

    (6) A report in writing containing the prescribed particulars of the results of every test or examination required by paragraphs (1), (2) and (3) signed by the person carrying out the test or examination, shall be made within twenty-eight days:

    Provided that this paragraph shall not apply to a test or examination of which a certificate has been obtained in accordance with paragraph (5).

    (7) The person making the report of any test or examination required by paragraphs (1), (2) and (3) shall, within twenty-eight days of the completion of the test or examination, send a copy of the report to the Chief Inspector and to the Inspector of Factories of the area where the test is carried out.

85.    Marking of safe working loads

    (1) The safe working load or safe working loads and means of identification shall be plainly marked–

    (a)    upon every crane, crab or winch; and

    (b)    upon each pulley block, gin wheel, sheer legs, derrick pole, derrick mast or aerial cableway used in the raising or lowering of a load weighing one tonne or more.

    (2) Every crane of variable operating radius (including a crane with a derricking jib) shall–

    (a)    have plainly marked upon it the safe working load at various radii of the jib, trolley or crab, and in the case of a crane with derricking jib, the maximum radius at which the jib may be worked; and

    (b)    be fitted with an accurate indicator, clearly visible to the driver showing the radius of the jib, trolley or crab, at any time and safe working load corresponding to that radius.

86.    Indication of safe working loads

    (1) No jib crane having either a fixed or a derricking jib (other than a mobile load of jib crane) shall be used unless it is fitted with cranes an approved type, of automatic safe load indicator which shall be properly maintained, and the indicator shall be tested by a competent person other than the crane driver after erection or installation of the crane for the purpose of any building operation or work of engineering construction and before the crane is taken into use.

    (2) No mobile crane having either affixed or derricking jib shall be used unless it is fitted with an approved type of automatic safe load indicator which shall be properly maintained, and every indicator shall be tested by a competent person before the crane is taken into use–

    (a)    on each occasion after it has been wholly or partly dismantled; and

    (b)    after each erection, alteration or removal of the crane for the purpose of any building operations or works of engineering construction, being an erection, alteration or removal likely to have affected the proper operation of the indicator.

    (3) The indicator shall be inspected in any case at intervals not exceeding one week, when the crane is in use, by the person carrying out the inspection required under Rule 66 and the result of these inspections shall be reported in the manner specified in paragraph (2) of that Rule.

    (4) A report of the results of every test required by this Rule, signed by the person carrying out the test, shall be made immediately in the prescribed form and containing the prescribed particulars.

    (5) This Rule shall not apply–

    (a)    to a guy derrick crane, being a crane of which the mast is held upright solely by means of ropes with the necessary fittings and tightening screws;

    (b)    to a hand crane which is being used solely for erecting or dismantling another crane; or

    (c)    to a crane having a maximum safe working load of one tonne or less; or

    (d)    until the expiration of two years after the date of commencement of these Rules, to any excavator adapted for use as a crane.

87.    Load not to exceed safe working load

    Except for the purposes of making tests, when the safe working load may be exceeded, no crane, crab, winch, pulley blocks, gin wheels, sheer legs, derrick poles and derrick masts shall be loaded beyond the safe working load.

88.    Precautions on raising or lowering loads

    (1) Where there is lifted on a crane, crab, winch (other than a piling winch), sheer legs or aerial cableway or load which is not already sustained wholly by the appliance, the lifting shall be halted after the load has been raised a short distance and before the operation is proceeded with.

    (2)    Where more than one lifting appliance is required to raise or lower one load–

    (a)    the plant or equipment used shall be so arranged and fixed that no such lifting appliance shall at any time be loaded beyond its safe working load or be rendered unstable in the raising or lowering of the load; and

    (b)    a competent person shall be specially appointed to supervise the operation.

89.    Scotch and guy derrick cranes

    (1) The jib of a scotch derrick crane shall not be erected between the back stays of the crane.

    (2) No load which lies in the angle between the back stays of a scotch derrick crane shall be moved by that crane.

    (3) Appropriate measures shall be taken to prevent the foot of the king post of a scotch derrick crane from being lifted out of its socket or support while in use.

    (4) Where the guy of a guy derrick crane cannot be fixed at approximately equal inclinations to the mast and so that the angle between adjacent pairs of guys are approximately equal, any other measures shall be taken which shall ensure the stability of the crane.

PART XI
LIFTING OPERATIONS: CHAINS, ROPES AND LIFTING GEAR (rules 90-97)

90.    Construction, testing, examination and safe working loads

    (1) Subject to the provisions of paragraph (2) no chain, rope or lifting gear shall be used in raising or lowering or as a means of suspension unless–

    (a)    it is of good construction, sound material, adequate strength, suitable quality, and free from patent defect; and

    (b)    (except in the case of the wire rope used before the commencement of these Rules or of a fibre rope or fibre sling) it has been tested and examined by a competent person and there have been obtained, in such form as may be prescribed, a certificate of that test and examination specifying the safe working load and signed by the person making or responsible for the carrying out of the test and examination; and

    (c)    it is marked in plain legible figures and letters with the safe working load and means of identification.

    (2) A rope or rope sling need not be marked with the safe working load if its safe working load is contained in the report required by Rule 96 and the rope or sling is so marked as to enable its safe working load to be ascertained from that report or if, in the case of a wire rope used before the commencement of these Rules or a fibre rope or fibre sling its safe working load can be ascertained from a table of safe working loads posted in a prominent position on the site of the operations or works; and in the case of a rope or rope sling which is not required to have been tested and which is not marked with the safe working load, the safe working load required to be entered in the report or required to be shown by the table, as the case may be, shall be deemed for the purpose of these Rules to be the safe working load of the rope or rope sling.

    (3) No wire rope shall be used in raising, lowering or as a means of suspension if in any length of ten diameters the total number of visible broken wires exceeds five percent of the total number of wires in the rope.

    (4) No chain, rope or lifting gear shall be loaded beyond its safe working load except for the purpose of making tests and then only to such extent as a competent person appointed to carry out the tests may authorise.

91.    Testing of chains, rings, etc., altered or repaired by welding

    No chain, ring, link, hook, plate clamp, shackle, swivel or eye-bolt which has been lengthened, altered or repaired by welding shall be used in raising or lowering or as a means of suspension unless, since the lengthening, alteration or repair, it has been tested and thoroughly examined by a competent person and there has been obtained in the prescribed form, a certificate of that test and thorough examination, signed by him or by the person responsible for the carrying out of the test and thorough examination and specifying the safe working load:

    Provided that the requirements of this Rule as to the testing and certification shall not apply to a chain attached to the bucket of either a drag-line or an excavator.

92.    Hooks

    Every hook used for raising or lowering or as a means of suspension shall either be provided with an efficient device to prevent the displacement of the sling or load from the hook, or be of such shape as to reduce as far as possible the risk of any displacement.

93.    Slings

    (1) Every sling used for raising or lowering on a lifting appliance shall be securely attached to the appliance, and the method of attachment shall not be a method likely to result in damage to any part of the sling or to any lifting gear supporting it.

    (2) No double or multiple sling shall be used for raising or lowering if–

    (a)    the upper ends of the sling legs, are not connected by the means of a shackle, ring or link of adequate strength; or

    (b)    the safe working load of any sling leg is exceeded as a result of the angle between the sling legs.

94.    Edges of load not to come into contact with sling, etc.

    Adequate steps shall be taken by the use of suitable packing or otherwise to prevent the edges of the load being raised or lowered from coming into contact with any sling, rope or chain, where this would cause danger.

95.    Knotted chains, etc.

    (1) A load shall not be raised, lowered or suspended on a chain or wire rope which has a knot tied in any part of the chain or rope under direct tension.

    (2) No chain which is shortened or joined to another chain by means of bolts and nuts inserted through the links shall be used for raising, lowering or suspending any load.

96.    Examination of chains, ropes and lifting gear

    (1) No chain, rope or lifting gear shall be used for raising or lowering or as a means of suspension unless it has been thoroughly examined by a competent person at least once within the previous six months, but chains, ropes and lifting gear not in regular use need only be examined when necessary.

    (2) A report, in writing, containing the prescribed particulars of the results of every examination carried out under this Rule signed by the person carrying out the examination, shall be made immediately after the examination is carried out.

97.    Annealing of chain and lifting gear

    (1) A chain or lifting gear (other than a rope, sling or lifting gear of a class description specified in the Third Schedule, or exempted by certificate of Chief Inspector upon the grounds that it is made of a material or is so constructed that it cannot be subjected to heat treatment without risk of damage), shall not be used in raising or lowering or as a means of suspension unless–

    (a)    it has been effectively annealed or subjected to some appropriate form of heat treatment under the supervision of a competent person within the previous fourteen months or, in the case of chains or slings of 13mm bar or smaller material, within the previous six months; and

    (b)    a report has been made in writing containing the prescribed particulars of every annealing or appropriate heat treatment signed by the competent person under whose supervision the annealing or heat treatment was carried out.

    (2) Notwithstanding paragraph (1), chains or lifting gear not in regular use or used solely on lifting appliances worked by hand may be annealed or subjected to the appropriate heat treatment only when necessary.

PART XII
LIFTING OPERATIONS: SPECIAL PROVISIONS AS TO HOISTS (rules 98-102)

98.    Safety of hoistways, platforms and cages

    (1) The hoistway of every hoist shall at all points at which access to the hoistway is provided or at which persons are liable to be struck by any moving part of the hoist, be efficiently protected by a substantial enclosure, and enclosures shall where access to the hoist is needed, be fitted with gates.

    (2) An enclosure or gate provided under the provision of this Rule shall, where practicable, extend to a height of at least 2.0m, except where a lesser height is sufficient to prevent a person falling down the hoistway and there is no risk of a person coming into contact with any moving part of the hoist, but shall in no case be less than 2.0m.

    (3) Gates fitted under the provisions of this Rule shall be kept closed except at a landing place where the platform or cage is at rest and it is for the time being necessary for the gate to be open for the purposes of loading or unloading goods, plant or materials, or to allow persons to enter or leave the cage, and without prejudice to the obligation of every contractor and employer or workmen under these Rules, it shall be the duty of every person, immediately after using a gateway to see that the gate is closed, unless it is for the time being necessary as explained in this paragraph for the gate to be open.

    (4) A hoist shall, where practicable, be provided with properly maintained efficient devices which will support the platform or cage, together with its safe working load, if the hoist, rope or ropes of any part of the hoisting gear fail.

    (5) A hoist shall be provided with properly maintained efficient automatic devices which will ensure that the platform or cage does not over-run the highest point to which it is for the time being constructed to travel.

99.    Operation of hoists

    (1) The construction and installation arrangements of every hoist shall, where practicable, be such that it can be operated at any one time only from one position and a hoist shall not be operated from the cage unless the requirements of Rule 104 are complied with.

    (2) Except where a clear and unrestricted view is not necessary for safe working, effective arrangements shall be made for signals for operating the hoist to be given to the operator of a hoist from each landing place at which the hoist is used and to enable him to stop the platform or cage of the hoist at the appropriate level if he does not have a clear and unrestricted view of the platform or cage throughout its travel.

100.    Winches

    Where a hoist is operated by means of a winch, the winch shall be so constructed that the brake is applied when the control lever, handle or switch is not held in the operating position and the winch shall not be a winch fitted with a pawl and ratchet gear on which the pawl has to be disengaged before the platform or cage can be lowered.

101.    Safe working load and marking of hoists

    (1) The safe working load shall be plainly marked on every hoist, platform or cage and no load greater than that load shall be carried, except that for the purpose of carrying out a test the safe working load may be exceeded by such amount as a competent person appointed to carry out the test, may authorise.

    (2) Where a hoist is used for carrying persons the maximum number of persons to be carried at any time shall also be so marked, and a greater number of persons shall not be carried.

    (3) There shall be a readily legible notice on the platform or cage stating that the carriage of persons is prohibited if the platform or cage is for carriage of goods and materials only.

102.    Test and examination hoists

    (1) No hoist shall be used unless–

    (a)    in the case of hoist manufactured or of substantially altered or substantially repaired after the date of commencement of these Rules, it has, since the manufacture, alteration or repair, as the case may be, been tested and thoroughly examined by a competent person, and there has been obtained, in such form as may be prescribed, a certificate of the test and examination, signed by the person making or responsible for the carrying out of the test and examination and specifying the safe working load of the hoist and in the case of a hoist used for carrying persons the maximum number of persons to be carried at one time;

    (b)    in the case of use for carrying persons, it has, since it was last erected or the height of travel of the cage was last altered, whichever is the later, been tested and thoroughly examined by a competent person and a report of the results of the test and examination, signed by the person making or responsible for the carrying out of the test and examination, has been made in the prescribed form and containing the prescribed particulars; and

    (c)    it has been thoroughly examined by a competent person at least once within the previous six months.

    (2) A report, in writing, containing the prescribed particulars of the results of every examination required by paragraph (1)(c) signed by the person making it, or responsible for the carrying out of the examination, shall be made within twenty eight days.

    (3) The person making the report of a test or examination required by paragraph (1) shall within twenty-eight days of the completion of the test or examination send a copy of the report to the Chief Inspector and to the Inspector of Factories of the area where the test is made.

PART XIII
LIFTING OPERATIONS: CARRIAGE OF PERSONS AND SECURENESS OF LOADS (rules 103-105)

103.    Carrying person by means of lifting appliances

    (1) No person shall be raised, lowered or carried by a power-driven lifting appliance except–

    (a)    on the driver's platform in the case of a crane; or

    (b)    on a hoist; or

    (c)    on an approved suspended scaffold; or

    (d)    as permitted by paragraph (2).

    (2) A person may be raised, lowered or carried by a power-driven lifting appliance otherwise than in accordance with the provisions of paragraph (1) only–

    (a)    in circumstances where the use of a hoist or of an approved suspended scaffold is not reasonably practicable and the requirements of paragraphs (3) and (4) are complied with; or

    (b)    on an aerial cableway or aerial ropeway if the requirements of paragraph (3)(b) to (d) and (4) are complied with.

    (3) The requirements referred to in paragraph (2) are–

    (a)    that the appliance can be operated from one position only;

    (b)    that any winch used in connection with the appliance shall comply with the requirements of Rule 100;

    (c)    that no person shall be carried except in a suitable chair or cage, or in a suitable skip or other receptacle at least 1.0m deep; and

    (d)    that suitable measures shall be taken to prevent the chair, cage, skip or other receptacle from spinning or tipping in a manner dangerous to any occupant.

    (4) A chair, cage, skip or other receptacle used in pursuance of this Rule shall be of good construction, sound material, adequate strength and properly maintained, and shall be provided with suitable means to prevent any occupant falling out and shall not contain material or tools liable to interfere with his handhold or foothold or otherwise endanger him.

104.    Hoists carrying persons

    (1) No person shall be carried by a hoist unless it is provided with a cage which–

    (a)    is so constructed as to prevent, when the cage gate or gates are shut, a person carried from falling out or from being trapped between a part of the cage and any fixed structure or other moving part of the hoist or from being struck by articles or materials falling down the hoistway; and

    (b)    is fitted on each side from which access is provided to a landing place with a gate which, as far as is reasonably practicable, shall have efficient interlocking or other devices to secure that the gate cannot be opened except when the cage is at a landing place, and the cage cannot be moved away from any place until the gate is closed.

    (2) Every gate in the hoistway enclosure of a hoist used for carrying persons shall be fitted with efficient interlocking or other devices to secure that no gate can be opened except when the cage is at a landing place and the cage cannot be moved away from any place until every gate is closed.

    (3) In connection with every hoist used for carrying persons there shall be provided suitable efficient automatic devices which shall ensure that the cage comes to rest at a point above the lowest point at which the cage can travel.

105.    Secureness of loads

    (1) Every part of a load shall be securely suspended or supported while being raised or lowered and shall be adequately secured to prevent danger from slipping or displacement.

    (2) Where, by reason of the nature or position of the operation, a load is liable, while being moved on a lifting appliance or lifting gear, to come into contact with any object so that the object may become displaced, special measures shall be adopted to prevent the danger so far as is reasonably practicable.

    (3) Every container or receptacle used for raising or lowering stone, bricks, tiles, slates or other objects shall be so enclosed, constructed or designed as to prevent the accidental fall of those objects:

    Provided that this requirement shall not apply to a grab, shovel, or other similar excavating receptacle if effective steps are taken to prevent any person being endangered by a fall of objects from there.

    (4) Goods or loose material shall not be placed directly on a platform of a hoist unless the platform is enclosed or other effective precautions are taken where necessary to prevent the fall of those goods or material.

    (5) No truck or wheelbarrow shall be carried on a hoist platform unless it is efficiently scotched or secured on the platform.

    (6) No load truck or wheelbarrow shall be carried on the open platform of a hoist unless the truck or wheelbarrow is so loaded that no part of the load is liable to fall off.

    (7) No load shall be left suspended from a lifting appliance unless a competent person is actually in charge of the appliance.

PART XIV
DEMOLITION (rules 106-109)

106.    Application of Part XIV

    The requirements of this Part shall apply in respect of the demolition of the whole or any substantial part of a building or other structure.

107.    Joint operations

    Where more contractors than one are undertaking a demolition, they shall, prior to the commencing of the operation, consult among themselves and with their safety supervisors appointed under Rule 6 as to the method by which, and the time at which, the operation shall be carried out.

108.    Fire and flooding

    Before any demolition is commenced and also during the work, all practicable steps shall be taken to prevent danger to any person or property–

    (a)    from risk of fire or explosion through leakage or accumulation of gas or vapour or otherwise; and

    (b)    from flooding.

109.    Precautions in connection with demolition

    (1) In any demolition works, no part of a building or of any structure shall be overloaded with debris or materials or persons as to render it unsafe to persons employed.

    (2) Immediate supervision and direction of work by the safety supervisor shall be provided during–

    (a)    the actual demolition of a building or structure or any part of a building or of a structure where there is a reasonably foreseeable risk of collapse in the course or as a result of the demolition which may be a danger to any person employed, whether the collapse is of the building, the structure, or the part being demolished, or any other part; and

    (b)    the cutting of reinforced concrete, steelwork or ironwork forming part of the building or structure being demolished.

    (3) Before any steelwork or ironwork is cut or released, precautions shall be taken to avoid danger from any sudden twist, spring or collapse.

    (4) All practicable precautions shall be taken to avoid the collapse of any framed or partly framed building or structure when any part of the framing is removed from there.

    (5) Except where a person is actually engaged in erecting or replacing shoring or other safeguards to a building to be demolished and appropriate precautions are taken to ensure his safety, precautions shall, where necessary before and during demolition, be taken to ensure the safety of persons employed by adequate shoring or other safeguards to prevent, as far as practicable, the accidental collapse of any part of the building or structure to be or being demolished, or of any adjoining building or structure.

PART XV
ADDITIONAL SAFETY MEASURES (rules 110-128)

110.    Fencing of machinery

    Every–

    (a)    flywheel;

    (b)    moving part of any prime mover;

    (c)    part of transmission machinery;

    (d)    dangerous part of other machinery (whether or not driven by mechanical power),

shall, when on site and not under examination or repair, be securely fenced to obviate danger or injury to any person employed unless it is in such a position or of such construction as to be as safe as it would be if it was so securely fenced.

111.    Fencing of new machinery

    (1) Without prejudice to Rule 110, every prime mover and other machine intended to be driven by mechanical power shall, unless constructed before the date of commencement of these Rules, be so constructed that any revolving shaft, flywheel, coupling, toothed gearing, friction gearing, belt and pulley drive, chain and sprocket drive and all projecting screws, bolts or keys on revolving shaft, wheels or pinions on the prime mover or machines are securely fenced or are in such a position or of such construction as to be as safe as they would be if they were securely fenced.

    (2) This Rule shall not apply to those parts of an energy-generating prime mover which transmits energy from that prime mover to another machine unless the prime mover and the machine are constructed as a unit.

112.    Electricity

    (1) The electrical installations and equipment at sites of building operations and works of engineering construction shall be in accordance with the applicable parts of the Electricity (Factories Act) Rules *.

    (2) Any live electric cable or apparatus at a site which is liable to be a source of danger to persons employed shall, by all practicable means, be rendered electrically dead or otherwise made safe.

    (3) All electrical conductors not specifically designed for the purpose of being used in contact with water, shall be kept free from water.

113.    Protection from falling material

    (1) Every contractor shall, at any site where material (including waste material), scaffold material, tools or other objects and articles are likely to fall or drop or be thrown down, take proper and adequate steps to prevent any person whether employed and working at the site or not, from being struck by a material, tool, object or article falling on or within the close curtilage and precinct of the site.

    (2) Notwithstanding paragraph (1)–

    (a)    material (including waste material), scaffold material, tools or other objects and articles shall where practicable be properly secured and not be thrown, tipped or shot down from a height where they are liable to cause damage, harm or injury to persons or property; and

    (b)    where proper lowering is not practicable and during demolition or breaking off, adequate steps shall be taken to prevent falling of flying debris from causing damage, harm or injury to persons or property.

114.    Lighting

    Every working place and approach to it, every place where raising or lowering operations with the use of lifting appliances are in progress, and all openings dangerous to persons employed, shall whether by natural or artificial means, be adequately and suitably lighted.

115.    Projecting nails and loose material

    (1) No timber or material with projecting nails shall be placed or be allowed to remain in any place at a site where they are a source of danger to persons employed.

    (2) Loose materials not required for use shall not be placed or left so as to unduly restrict the passage of persons upon platforms, gangways, floor or other places on the site, but shall be removed and be securely stacked or stored in a place where they are not a danger or obstruction to persons employed and they do not render unsafe of floor, roof, or other part of a building or structure.

116.    Construction of temporary structures

    A temporary structure erected for the purpose of operations or works to which these Rules apply, not being a scaffold shall (having regard to the purpose for which it is used) be of good construction, adequate strength and stability, sound material, free from patent defect and shall be properly maintained.

117.    Avoidance of danger from collapse of structure

    (1) While a building or other structure is being constructed, renovated or repainted, precautions shall be taken by the use of temporary guys, stays, supports and fixings or other safeguards, to prevent danger to any person employed through the collapse of part of the building or structure during a temporary state of weakness or instability of the building or structure.

    (2) Where work is carried on which could reduce the security or stability of part of a building or structure that is being constructed, all practicable steps shall be taken by shoring or otherwise to prevent danger to any person employed from collapse of the building or structure or the fall of any part of it.

118.    Hand tools, portable power-driven tools

    (1) All hand and power tools and similar equipment shall be maintained in a safe condition by competent persons.

    (2) Wooden handles of hand tools and implements shall be of hard straight grained wood free from cracks and knots.

    (3) Impact tools such as chisels shall be kept free from mushroomed heads.

    (4) Power driven tools where the moving parts are likely to cause injury shall be guarded as far as is reasonably practicable.

    (5) Only employees who have been properly trained in the operation of power driven tools such as electric power operated tools, pneumatic tools, fuel powered tools and powder actuated tools shall be allowed to operate that equipment.

119.    Inhalation of dust and fumes to be prevented

    (1) Production methods and material not emitting dust or fumes likely to be injurious to the health of persons employed shall be used wherever practicable.

    (2) Subject to paragraph (1) wherever dust or fumes likely to be injurious to the health of persons employed, are given off, all reasonably practicable measures shall be taken to prevent the inhalation of the dust or fumes by the persons employed by ensuring adequate ventilation or providing suitable respirators at the place where the operation or work is carried on.

120.    Ventilation of excavation, etc.

    (1) Effective steps shall be taken to ensure and maintain adequate ventilation of every working place in any excavation, pit, hole, adit, tunnel, shaft or caisson, and in any other enclosed or confined space where building operations or works of engineering construction are carried on and of every approach to those working places and enclosed or confined spaces so as–

    (a)    to maintain an atmosphere which is fit for respiration; and

    (b)    to render harmless, so far as is reasonably practicable, all fumes, dust or other impurities in the atmosphere in it, which may be dangerous or injurious to health and which are generated, produced or released by explosives or by any other means.

    (2) Where there is reason to apprehend that the atmosphere in any of the working places or approaches to it mentioned in paragraph (1) of this Rule is poisonous or asphyxiating, then, notwithstanding the requirements of that paragraph, no person shall be employed in or allowed to enter the working place or its approach until the atmosphere has been suitably tested by or under the immediate supervision of a competent person, and he is satisfied that the working place or approach is for the time being, free from the danger of a person being overcome by poisoning or asphyxiation.

    (3) No person shall be held not to have complied with a requirement of the preceding paragraphs of this Rule by reason of any matter proved to have been due to physical conditions over which he had no control and against which it was not reasonably practicable for him to make provision.

121.    Internal combustion engines

    No stationery internal combustion engine shall be used unless provision is made for conducting the exhaust gases from the engine into the open air.

122.    Generation of steam, smoke and vapour

    A contractor shall take measures to prevent, so far as practicable, steam, smoke or other vapour generated at a site where persons employed are present from obscuring any part of the work or operation or any scaffolding, machinery or other plant or equipment.

123.    Noise

    (1) Wherever noise likely to be injurious to the hearing of persons employed is emitted, all reasonably practicable measures shall be taken to reduce the noise to a level that will likely not induce hearing loss.

    (2) If it is not reasonably practicable to reduce the noise according to paragraph (1) the persons employed shall be provided with suitable hearing protection equipment.

124.    Strenuous works

    (1) Work should be arranged so that unnecessary strenuous working positions and movements shall be avoided. The person employed shall be given possibilities to vary these working conditions to the extent that is reasonably practicable.

    (2) A person shall not be employed to lift, carry or move a load so heavy as to be likely to cause injury to him.

125.    Strenuous work in high temperatures

    At places where strenuous work in high temperatures is carried out, arrangements to provide sufficient wholesome drinking water shall be made.

126.    Personal protective equipment

    (1) Personal protective equipment shall be sought to eliminate those risks of accident or ill-health that may arise after taking all other reasonably practicable precautionary measures.

    (2) For the purpose of paragraph (1), personal protective equipment includes, but is not limited to, safety shoes or boots, safety helmets, respirators, eye protectors, hearing protectors, safety gloves, protective clothing, safety belts and safety harness.

    (3) The contractor or employer, as the case may be, shall provide to the employee, suitable and adequate personal protective equipment.

    (4) The employee shall be given adequate instruction concerning proper use and safe keeping of the protective equipment.

    (5) The employee shall use the necessary personal protective equipment provided.

    (6) Defective equipment shall not be used.

127.    Fire protection and prevention

    (1) Places where workers are employed shall, if necessary to prevent danger, be provided with–

    (a)    suitable and sufficient fire extinguishing equipment or materials;

    (b)    an adequate water supply at ample pressure.

    (2) The employer shall be responsible for the development and maintenance of effective fire protection and precautions at the site throughout all phases of the construction, repair, alteration, or demolition work.

128.    Liquefied petroleum gases and highly flammable liquids

    (1) All liquefied petroleum gases not in use shall be stored–

    (a)    in suitable underground reservoirs, or suitable fixed storage tanks in safe positions in the open air; or

    (b)    in suitable movable storage tanks in safe positions in the open air; or

    (c)    in suitable cylinders in safe positions in the open air, or where that is not reasonably practicable in a storeroom which is adequately ventilated, which is either in a safe position or is a fire resisting structure, and which is not used for any purpose other than the storage of liquefied petroleum gases or acetylene cylinders.

    (2) Highly flammable liquids shall be stored–

    (a)    in suitable storage tanks in safe positions; or

    (b)    in suitable closed vessels in a safe position in the open air protected against direct sunlight; or

    (c)    in suitable closed vessels in a storeroom which is in a safe position or is a fire resisting structure.

PART XVI
HEALTH AND WELFARE (rules 129-136)

129.    Shelters and accommodation for clothing and for taking meals

    (1) Subject to the provisions of paragraphs (2) and (3) there shall be provided at or in the immediate vicinity of every site for the use of the persons employed and conveniently accessible to them–

    (a)    adequate and suitable accommodation for taking shelter during interruption of work owing to bad weather and for depositing clothing not worn during working hours, being accommodation containing such arrangements as are reasonably practicable for enabling persons to warm themselves and for drying wet clothing;

    (b)    adequate and suitable accommodation for the deposit of protective clothing used for work and kept, when not in use, at or in the immediate vicinity of the site, with such arrangements as are reasonably practicable for drying the clothing if it becomes wet;

    (c)    adequate and suitable accommodation, affording protection from the weather and including sufficient tables and seats or benches, for taking meals, with facilities for boiling water and, where a contractor has more than 10 persons in his employment on a site and heated food is not otherwise available on the site, adequate facilities for heating food; and

    (d)    an adequate supply of wholesome drinking water at a convenient point or convenient points and clearly marked "DRINKING WATER" or patently intended to be used as such.

    (2) For the purposes of paragraph (1)(c) of these Rules in determining whether accommodation of any kind provided in pursuance of that subparagraph at any time and place is adequate, regard shall be had to the number of persons who appear to be likely to use that accommodation at that time and place.

    (3) For the purposes of paragraph (1)(a), (b) and (c) of this Rule, in determining whether accommodation is conveniently accessible account shall be taken of any transport provided at appropriate times for the persons employed.

    (4) All accommodations provided in pursuance of paragraph (1)(a), (b) and (c) of this Rule shall be kept in a clean and orderly condition and shall not be used for the deposit or storage of materials or plant.

130.    Washing facilities

    (1) Every contractor who has in his employment on a site one or more persons of whom at least one is present on the site on any occasion for more than four consecutive hours shall provide adequate and suitable facilities for washing including a sufficient supply of soap and water and adequate troughs, basins or buckets.

    (2) Washing facilities provided in pursuance of this section of the Rules shall be conveniently accessible from the accommodation for taking meals provided in pursuance of Rule 129(1) and shall be kept in a clean and orderly condition.

131.    Number of sanitary conveniences

    (1) Subject to paragraph (2) of this Rule a contractor shall provide at least one suitable sanitary convenience (not being a convenience suitable only as a urinal) for every 25 persons in his employment on a site.

    (2) Where a contractor has more than 100 persons in his employment on a site, and sufficient urinal accommodation is also provided, it shall be sufficient if there is one such convenience for every 25 persons in his employment on the site up to the first 100 and one for every 35 persons there after.

    (3) In calculating the number of conveniences required by this section of the Rules any number of persons less than 25 or 35, or in excess of a multiple of 25 or 35, as the case may be, shall be reckoned as 25 or 35.

132.    Other requirements as to sanitary conveniences

    (1) Every sanitary convenience shall be sufficiently ventilated, and shall not communicate with any workroom or messroom except through the open air or through an intervening ventilated space.

    (2) Every sanitary convenience (other than a convenience suitable merely as a urinal) shall be under cover and so partitioned off as to secure privacy, and shall have a proper door and fastening, and the urinals shall be so placed or so screened as not to be visible from other places, whether on or off the site.

    (3) The sanitary conveniences shall be so arranged as to be conveniently accessible to the persons employed at all times while they are at the site.

    (4) This Rule is without prejudice to the requirements in section 18(1) of the Act to the effect that the conveniences shall be maintained and kept clean, that effective provisions shall be made for lighting the conveniences and that where persons of both sexes are or are intended to be employed the conveniences shall afford proper separate accommodation for persons of each sex.

133.    Safe access to places where facilities are provided

    Safe means of access and egress shall so far as reasonably practicable be provided and maintained to and from every place at which any of the facilities provided in pursuance of these Rules is situated and every place shall, so far as reasonably practicable, be made and kept safe for persons using the said facilities.

134.    First aid equipment

    (1) First aid services shall be made available by the contractor for every employee in a work site.

    (2) The contractor shall provide and keep clean and in good repair a sufficient number of suitable first aid boxes, or cases, which shall, while work is going on, be reasonably accessible to all positions on the site where persons in his employment are working.

    (3) A first-aid box or case provided in pursuance of this Rule shall be distinctively marked "FIRST AID" and placed under the charge of a responsible person who shall be readily available while persons are working on the site.

    (4) Nothing except appliances or requisites for first aid shall be kept in a first aid box or case.

    (5) Each first-aid box or case provided under this part shall contain the equipment and materials specified in latest schedule for contents of first-aid boxes and cases by the Labour Department.

    (6) In a site where means of telephonic or radio communication with an ambulance station are not readily accessible, the contractor shall provide at or in the immediate vicinity of the site, so as to be readily available during working hours, a motor vehicle constructed or adapted so as to be able to carry a person on a stretcher.

135.    First aid rooms

    On a site where the number of persons employed exceeds 250, a contractor shall provide and maintain in a good order and in a clean condition at or near to the site of the operations or works and conveniently accessible, a properly constructed and suitable first-aid room, which shall be used only for purpose of treatment and rest, and shall be in the charge of a person who shall always be readily available during working hours.

136.    First aiders

    The contractor shall provide, or ensure that there is provided, such number of suitable persons as is adequate and appropriate in the circumstances for rendering first aid to his employees if they are injured or become ill at work; and for this purpose a person shall not be suitable unless he has undergone–

    (a)    any training and has the qualifications which the Chief Factories Inspector may approve for the time being in respect of that case of that class of case; and

    (b)    any additional training if any, which may be appropriate in the circumstances of that case.

PART XVII
KEEPING OF RECORDS (rule 137)

137.    Reports, certificates, etc.

    (1) The reports required by Rules 66, 75, 86 and 102 shall be kept on site of the operation or works and when there are no relevant operations or works, shall be kept at an office of the contractor or employer for whom the inspection, test or examination, as the case may be, was carried out:

    Provided that in case of a site where the contractor or employer has reasonable grounds for believing that the operations or works will be completed in a period of less than six weeks, the contractor or employer may keep the reports required by Rule 66 at his office.

    (2) All other reports and every certificate or other document required for the purpose of these Rules shall be kept either on the site of the relevant operations or works or at an office of the contractor or employer for whom the report was made or the certificate or document was obtained or of the owner of the plant or equipment to which the certificate relate.

    (3) All reports, certificates and other documents required for the purposes of these Rules shall at all reasonable times be open to inspection by any Inspector of Factories, and the person keeping any such report, certificate or other document shall send to that inspector the extracts from it or copies thereof as the inspector may from time to time require for the purpose of the execution of his duties and of the Factories Act.

FIRST SCHEDULE
SCAFFOLD INSPECTIONS

(Rule 44)

THE FACTORIES (BUILDING OPERATIONS AND WORKS OF ENGINEERING CONSTRUCTION) RULES

Form of reports of results of inspections under Rule 44 of scaffolds, including boatswain's chairs, cages, skips and similar plant or equipment (and plant or equipment used for the purposes thereof)

Name or title of employer or contractor ..............................................................................

Address of site ...............................................................................................................

Work commenced (date) .................................................................................................

Date of result of scaffold, etc. and other plant or equipment inspection ...............................

Name of person who inspected ........................................................................................

State whether who made the inspection found everything in good order ...............................
.....................................................................................................................................

Signature .....................................................

SECOND SCHEDULE
EXTENT OF EXCLUSION

(Rule 62)

Rule

Extent of exclusion

Exceptions and Conditions

66

Paragraph (1)(c) ..................................

-

67

Paragraph (5) ......................................

-

68

The whole rule .....................................

-

69

The whole rule except subparagraphs (a) and (c) of paragraph (1) ........................

-

70

The whole rule .....................................

-

72

Paragraphs (2) and (3) ..........................

-

75

Paragraphs (5) and (7) ..........................

Save that where the crane is specially erected for use in the operations or works to which these Rules apply, the crane shall before the use be tested in accordance with paragraph (5) and a record shall be kept of the particulars of tests and paragraph (7) shall then apply.

76

Paragraphs (1)(f) and (4) ......................

-

77

The whole rule .....................................

-

78

The whole rule .....................................

-

85

Paragraph (2)(b) ..................................

-

86

The whole rule .....................................

-

90

Paragraph (1)(c) ...................................

If these are available to any person using the chain, rope or gear, means ascertaining its safe working load.

92

The whole rule ......................................

-

96

Paragraph (2) .......................................

-

97

Paragraph (1)(b) ...................................

-

THIRD SCHEDULE
CHAINS AND LIFTING GEAR EXCEPTED UNDER RULE 97

(As to Heat-Treatment)

    (1) Chains made of malleable cast-iron.

    (2) Plate link chains.

    (3) The following when made of steel or any non-ferrous metal-chains, rings, links, hooks, plate-clamps, shackles, swivels and eye-bolts.

    (4) Pitched chains working on sprocket or pocketed wheels.

    (5) The following when permanently attached to pitched chains, pulley blocks or weighing machines-rings, links, hooks, shackles and swivels.

    (6) The following when having screw-threaded parts or ball bearings or other case-hardened parts-hooks, eye-bolts and swivels.

    (7) Socket shackles secured to wire ropes by white metal cappings.

    (8) Bordeaux connections.

THE FACTORIES (EXAMINATION OF PRESSURE VESSELS AND LIFTING EQUIPMENT) (FEES) RULES

G.Ns. Nos.
27 of 1986
237 of 1997

    1. These Rules may be cited as the Factories (Examination of Pressure Vessels and Lifting Equipment) (Fees) Rules.

    2. For the purpose of these Rules–

    "Boiler Inspector" means an officer holding the post of boiler inspector in the Department of Labour;

    "examination at rest" in respect of any pressure vessel means that part of the examination done when the vessel is not under pressure and its interior and exterior have been prepared in the manner required by the boiler inspector;

    "pressure vessel" means any steam boiler, steam receiver or air receiver.

    3. (1) The appropriate basic fees and additional fees specified in these Rules shall be paid in respect of any examination, test or inspection of any pressure vessel undertaken by a boiler inspector, pursuant to the requirements of sections 37, 38 and 39 of the Factories Act.

    (2) A boiler inspector shall not commence any examination, test or inspection of any pressure vessel until the previous appropriate basic and additional fees specified in the Schedule to this Order have been paid.

    4. The basic fees for each examination of a pressure vessel at rest together with the additional fees payable for hydraulic testing and inspection under normal working pressure are contained in Columns 3, 4 and 5 respectively of the Schedule to this Order.

    5. Fees for Lifting Equipment are in the Second Schedule.

FIRST SCHEDULE
BASIC AND ADDITIONAL FEES FOR EXAMINATION AND TEST OF PRESSURE VESSELS

(Rule 3(2))

Category

Description

Basic Fee

Additional Fee for Hydraulic Test

Additional Fee for Inspection Under Pressure

Shs.

Shs.

Shs.

P.V.1    ...

Each water-tube, locomotive type Lancashire, Cornish or externally-fired shell type boiler other than a boiler in categories P.V.2, P.V.3, or P.V.9

1,200

405

240

P.V.2    ...

Each vertical, vertical cross tube or vertical multi-tubular boiler other than a boiler in categories P.V.3 or P.V.9

900

300

180

P.V.3    ...

Each boiler of less than 60cm in diameter other than a boiler in category P.V.9 or for each electrode boiler.

600

195

120

P.V.4    ...

Each economiser, or each superheater

360

120

75

P.V.5    ...

Each steam receiver or steam jacketed vessel of a diameter of 60 cm or over

360

120

75

P.V.6    ...

Each steam receiver or steam jacketed vessel of a diameter less than 60 cm

180

60

36

P.V.7    ...

Each air receiver of a diameter of 75 cm or over

270

90

54

P.V.8    ...

Each air receiver of a diameter of less than 75 cm

180

60

36

P.V.9    ...

Each medical steriliser boiler (autoclave) of less than 60 cm in diameter

90

30

18

P.V.10..

Steam Tube Ovens

300

105

60

SECOND SCHEDULE
FEES FOR EXAMINATION AND TEST OF LIFTING EQUIPMENT

(Rule 5)

THE FACTORIES ACT

Description

Fees

Shs.

Cts.

    Hoists and Lifts:

1.    Power Operated

4,800

00

2.    Manually operated

2,400

00

    Power Operated Cranes:

1.    Over 5 tonnes capacity

4,500

00

2.    Between 1 tonne and 5 tonnes Capacity

3,000

00

3.    Below 1 tonne capacity

2,400

00

    Manually Operated Cranes:

1.    Over 5 tonnes capacity

3,000

00

2.    Between 1 tonne and 5 tonnes Capacity

2,400

00

3.    Below 1 tonne capacity

1,400

00

    Hoist and other power operated lifting equipment:

1.    Over 5 tonnes capacity

1,500

00

2.    Between 1 and 5 tonnes capacity

1,200

00

3.    Below 1 tonne capacity

700

00

    Chain blocks manually operated:

1.    Over 5 tonnes capacity

1,500

00

2.    Between 1 and 5 tonnes capacity

750

00

3.    Below 1 tonne capacity

250

00

ADDITIONAL FEES

1.    Each proof load test of a crane or lifting machine

33>1>/>3>% of the appropriate basic fee with minimum charge of Shs. 80/=.

2.    Expenses:

    (i)    Travelling expenses will be charged at a maximum rate of Shs. 13/= per kilometre.

    (ii)    Hotel expenses will be charged at the rate at which they are incurred.

    (iii)    The expense item on an Inspector's bill will normally be shown as "share of expenses". Where various premises have been visited in one safari in order to examine plant, each occupier should be expected to pay only a proportion of the expenses incurred. Where, however, an Inspector has made a special visit for an examination and has been unable to include other premises the occupier may have to bear the whole of the expense claim.

3.    Surcharge:

    This is payable at the rate of Shs. 60/= per hour where an Inspector has been requested to examine plant at a certain time and has been unable to do so because of a lack of preparation on the part of the occupier.

NOTE: This scale of fees does not take into account any repair being requested to undertake as a result of such work, which an Inspector may be requested to undertake as a result of his examination. Fees for such work should be agreed between the owner of the plant and the Inspector. Fees for the examination of plant which do not come within the categories described should be similarly agreed.

REDUCTION IN FEES

    Provided the examinations can be made one after the other in the same premises a reduction of 10% of the basic fee for each additional item of plant is made in the following cases –

    1.    For every power-operated hoist of lift - more than one.

    2.    For every power-operated crane with a capacity of over 5 tonnes - more than one.

    3.    For every other category of crane of lifting machine (other than chain blocks) - more than two.

THE FACTORIES (OCCUPATIONAL SAFETY AND HEALTH SERVICES FEES) RULES

(Section 55)

[1st July, 2001]

G.N. No. 111 of 2001

1.    Citation

    These Rules shall be cited as the Factories (Occupational Safety >and Health Services Fees) Rules>.

2.    Interpretation

    In these Rules–

    "Occupational Safety and Health Services" shall include: Examination of >Pressure Vessels and Lifting Equipment, Electrical Tests, Occupational Health Services, Occupational Hygiene Measurements, Risk Assessment, Scrutiny of Industrial Drawings/Plans, Statutory Training, Factory Registration, Annual Occupational Safety and Health Compliance Licensing, Accidents Investigation, and any other occupational safety and health services that may deem necessary under the legislation.>

3.    Registration of occupational safety and h>ealth services>

    (a)    Every person intending to deliver the occupational safety and health services shall be authorised and registered annually by the Chief Inspector of Factories and upon registration he or she shall be required to pay a fee of 300,000/= shillings per year.

    (b)    The Chief Inspector of Factories may reject an application for >registration in case the applicant intending to deliver occupational >safety and health services does not fulfil necessary requirements and the Chief Inspector may revoke a certificate of appointment in case of any misconduct by a holder of the said certificate.>

    (c)    Where any applicant is denied registration by the Chief Inspector >of Factories under subrule 3(b) above, he or she may within thirty (30) days of such denial, appeal to the National Safety and Health Advisory Committee.>

4.    Fees

    Fees for occupational safety and health services rendered shall be payable within fourteen (14) days from the date of inspection, failure of which, a daily penalty of five per centum shall be charged.

5.    Additional expenses

    All additional expenses shall be covered by the occupier where an Inspector or authorised officer has been requested to provide any occupational safety and health services mentioned in rule 2 at a certain time and has been unable to do so because of lack of preparation on the part of the occupier.

6.    Fees

    The fees for the occupational safety and health services shall be as shown in the Schedules herein.

7.    Revocation

    [Revokes the Factories (Examination of Pressure Vessels and Lifting >Equipment Fees) Rules and the Factories (Electricity) (Continuity, >Polarity and Insulation Test) Fees Order *.]>

FIRST SCHEDULE
INSPECTION OF BOILERS AND PRESSURE VESSELS FEES

Category

Description

Basic Fees in T.Shs

Additional fees for hydraulic test in T.Shs

Additional fees for inspection under pressure in T.Shs

P.V.I

Each water tube, locomotive type >Lancashire, cornish or externally fired shell type boiler other than >a boiler in categories P.V. 2, P.V.3, or P.V.9 ...........................>

130,000.00>

45,000.00>

45,000.00>

P.V.2

Each vertical, cross tube, or vert>ical multitubular boiler other >than a boiler in categories P.V. 3, >or P.V.9 .................................

100,000.00>

35,000.00>

35,000.00>

P.V.3

Each boiler of less than 60 cm in >diameter other than a boiler in category >P.V. 9, or for each electrode boiler .........................

60,000.00>

25,000.00

25,000.00

P.V.4

Each economiser or each super >heater> >......................................>

20,000.00>

10,000.00

10,000.00

P.V.5

Each steam receiver or steam jacketed vessels of a diameter 60 cm or over ................................

40,000.00>

20,000.00>

20,000.00

P.V.6>

Each steam receiver or steam jacketed vessel of a diameter less than 60 cm ...............................

30,000.00>

15,000.00>

15,000.00

P.V.7>

Each air receiver of a diameter of 75 cm or over ...........................

40,000.00>

20,000.00>

20,000.00

P.V.8>

Each air receiver diameter of less than 75 cm ................................

10,000.00>

5,000.00

5,000.00>

P.V.9>

Each medical sterilising boiler (autoclave) of less than 60 cm in diameter ..................................

20,000.00>

10,000.00>

10,000.00>

P.V.10>

Steam tube ovens .....................

30,000.00>

15,000.00>

15,000.00

SECOND SCHEDULE
INSPECTION OF LIFTING EQUIPMENT FEES

Description

Fees in T.Shs

Hoists and Lifts

    1. Power operated and speed governor, Test

80,000.00

    2. Manually operated

60,000.00

Power Operated Cranes

    1. Over 5 tonnes capacity

50,000.00

    2. Between 1 tonne and 5 tonnes capacity

35,000.00

    3. Below 1 tonne capacity

25,000.00

Manually Operated Cranes

    1. Over 5 tonnes capacity

50,000.00

    2. Between 1 tonne and 5 tonnes capacity

30,000.00

    3. Below 1 tonne capacity

25,000.00

Hoist and Other Power Operated Lifting Equipment

    1. Over 5 tonnes capacity

70,000.00

    2 Between 1 and 5 tonnes capacity

40,000.00

    3. Below 1 tonne capacity

25,000.00

Chain Blocks Manually Operated

    1. Over 5 tonnes capacity

15,000.00

    2. Between 1 and 5 tonnes capacity

10,000.00

    3. Below 1 tonne capacity

5,000.00

THIRD SCHEDULE
ELECTRICAL TESTS FEES

(Continuity test, Polarity test and Insulation test)

Category

Capital investment in T.Shs.

Fees in T.Shs >

1.

Up to 20 million

5,000.00>

2.

More than 20 million up to 50 million

20,000.00>

3 .

More than 50 million up to 100 million

80,000.00>

4.

More than 100 million up to 500 million

100,000.00

5.

More than 500 million up to 1 billion

200,000.00

6.

More than 1 billion up to 5 billion

250,000.00>

7.

More than 5 billion>

300,000.00>

Note: Electrical tests shall be conducted annually and when the need arises.

FOURTH SCHEDULE
FACTORIES/WORKPLACES REGISTRATION AND OCCUPATIONAL SAFETY AND HEALTH COMPLIANCE LICENSING FEES

Category

Capital investment in T.Shs.

Registration in T.Shs

Compliance >license in T.Shs>

1.

Up to 20 million>

10,000.00>

5,000.00>

2.

More than 20 million up to 50 million>

20,000.00>

10,000.00>

3.

More than 50 million up to 100 million>

50,000.00>

20,000.00>

4.

More than 100 million up to 500 million>

100,000.00>

50,000.00>

5.

More than 500 million up to 1 billion>

200,000.00>

100,000.00>

6.

More than 1 billion up to 5 billion>

300,000.00>

150,000.00>

7.

More than 5 billion

400,000.00

200,000.00

Note: Compliance license shall be issued annually.

FIFTH SCHEDULE
OCCUPATIONAL HEALTH SERVICES FEES>

>Description>

Fees in T.Shs

Medical examination and consultation fees per worker>

5,000.00>

SIXTH SCHEDULE
INDUSTRIAL HYGIENE MEASUREMENTS FEES

>Description>

Fees in T.Shs

Noise measurements per day>

45,000.00>

Heat stress measurements per day

45,000.00>

Dust sampling per day>

45,000.00>

Gas detection per day>

30,000.00

Light measurements per day

45,000.00

>Note:    Industrial hygiene measurements shall be conducted annually, and any other time when the need arises.

SEVENTH SCHEDULE
INVESTIGATION OF ACCIDENTS AND NEAR MISS FEES

>Category>

Capital investment in T.Shs.>

Fees in T.Shs

1.

Up to 20 million>

8,000.00>

2.

More than 20 million up to 50 million

40,000.00>

3.

More than 50 million up to 100 million

80,000.00>

4.

More than 100 million up to 500 million

130,000.00>

5.

More than 500 million up to 1 billion

150,000.00>

6.

More than 1 billion up to 5 billion

200,000.00>

7.

More than 5 billion>

250,000.00>

EIGHTH SCHEDULE
SCRUTINY OF INDUSTRIAL DRAWINGS/PLANS FEES

>Category>

Capital investment in T.Shs.>

Fees in T.Shs

1.

Up to 20 million

8,000.00>

2.

More than 20 million up to 50 million

40,000.00>

3.

More than 50 million up to 100 million

80,000.00>

4.

More than 100 million up to 500 million

100,000.00>

5.

More than 500 million up to 1 billion

150,000.00>

6.

More than 1 billion up to 5 billion

200,000.00>

7.

More than 5 billion

250,000.00>

{/mprestriction}