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©State of Queensland

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&ct to provide with respect to the safety and welfare of persgng engaged in construction work and other work associated therewith and of members of the public in respect of danger from suc and for other purposes

[Assented to 27 April, 1971 1

IT ENACTED by the Queen’s e,advice and consent of the ament qssembled, and by the authority of the same, as follows:-

ART I-PRELIMINARY

(2) This Act other than this section shall me into overnor in Council by date to be appointed by the

ublished in the Gazette. ommenced 7 October 19711 (Proc. pubd. Gaz. 9 Oct. 1971, p. S20).

Collective title conferred by Act of 1975, No. 33, s. 1 (3).

s. The Acts specified in the first column of the Sch the extent specified in the third column of the $eh

s. (1) The person who at the date of ~ o ~ ~ e ~ c e r n e t holds the appointment of Chief Inspector of Scaffolding for

the purposes of any of the Acts repealed by this Act shall on and from that date hold the appointment of Chief Inspector of Construction Work for the purposes ~f this Act until he duly vacates it or is duly removed t Om.

17171-A

(2) A person who at the date of commencement of this Act- (a) holds the appointment of Inspector of 3ca.ffolding for the

purposes of any of the Acts repeaJed by this Act shall on and from that date hold the appointment of Inspector of Construction Work for the purposes of this Act until he duly vacates it or is duly removed therefrom;

(b) holds any other appointment for the purposes of any of the Acts repealed by this Act shall on and from that date hold that appointment for the purposes of this Act until he duly vacates it or is duly removed therefrom,

(3) A licence issued by the Chief Inspector in respect of any occupation pursuant to section 13c of TAe Iwpection of Scafclding Act8 1915 to 1966 that subsists at the date of commecceinent of this Act shall be deemed to be a certificate of competency issued by the Chief Inspector pursuant to section 52 of this Act in respect of that occupation and the holder of the licence shall be deemed to be the holder of a certificate of competency accordingly.

ct. (1) Save as is otherwise provided in this

(a) all construction work and all persons engaged therein, and

(b) all construction equipment ; (c) all materials made or being made at any place for use in

section, this Act applies to and in relation to-

all persons associated therewith in a manner pres.cribed;

construction work.

(2) This Act does not apply to or in relation to construction workg

(a) in or about a mine to which the Mines Regulation Act 1964-1968

(b) in or about a well to which The Petroleum Acts 1923 to 1967

except construction work above ground that does not extend into the underground workings of the mine or well, and construction work below ground that is incidental to construction work above ground and that does not so extend together with, in either case, persons engaged therein, or associated therewith in a manner prescribed.

or persons engaged therein, or associated therewith-

or the Coal Mining Act 1925-1969 applies; or

apply,

(3) This Act binds the Crown.

(4) To the extent that the provisions of this Act are inconsistent with the provisions of any Order in Council, regulation, ordinance or by-law made under any Act relating to Local Authorities, this Act shall prevail and anything done by any Local Authority or person under such an Order in Council, regulation, ordinance or by-law shall be void and inoperative to the extent that it is inconsistent with the exercise of a power or performance of a duty by an inspector under this Act,

CO UCEION SAFETY ACT 1971-1975 ss. 5,6 3

Save as aforesaid, this Act shall not prejudice or affect the operation of the provisions of any other Act or law save that a person shall not be

unished more than once on account of an act or omission that constitutes an offence against this Act and an offence against any other Act or law.

As amended by Act of 1975, No. 33, s. 2.

of Act. This Act is divided into Parts as follows:--

NING OF TERMS (s. 6); IMINARY (SS. 1-5);

ART 111-ADMINISTRATION (ss. 7-19); ART IV-CONSTRUCTION SAFETY (SS. 20-66) ; Division I-Duties of Constructor, Sub-Con tractor, Employer &hid

Division II-Prevention of Accidents (ss. 2 Division II1-Notifiable Work (ss. 37-41); Division IV-Investigation of Accidents (ss. 42-50); Division V-CertiJicates of Competency (ss. 51-57); Division VI-Safety Oficers and Bodies (ss. 58-63) ;

ART V-~GULATION MAKING POWER (ss. 64-66);

Workman (ss. 20-23) ;

ART VI~MISCELLANEOUS PROVISIONS ( S S . 67-78); Division I-Fraudulent Practices (s. 67) ; Division I1-Liability for Oflemes (ss. &8--74) ; Division 111-Facilitation of Administration (ss. 75-77);

SCHEDULE.

PART II-MEAN~NG OF TERMS ioas. In this Act unless the contrary appears- ing or structure ” includes any erection, edifice, wall,

chimney, fence, bridge, dam, reservoir, wharf, jetty, earth works, reclamation, ship, floating structure, and tunnelling ;

*’‘ Chief Inspector ” means the person who holds the appointment of Chief Inspector of Construction Work and imhdes any person who performs the duties of the Chief Inspector;

X ‘ compressed air work 9’ means work done while the person doin it is breathing any gas or any mixture of gases at a pressure greater than atmospheric pressure ;

*‘‘ construction equipment ” includes all scaffolding, gear, hoisting appliance, power-driven equipment, shoring, fsrmwork and falsework and all parts thereof and all materials used or to be used therein;

%‘ construction work ” meam work in donnexion with- (a) the construction, erection, installation, addition to, alteration,

reparir, maintenance, cleaning, painting, renewal, removal dismantling or demolition of a building or structure being wotk that is done or to be done at or adjacent to the site loftha: building or structure, or where the building or structure

4 s. UCTIION SAFETY ACT 1971-1975

is a ship or floating structure, that is dope or to be done on or adjacent to the ship or floating structure in a dock or at a wharf or other place;

(b) excavation work; (c) trenching work; (d) compressed air work; and (e) the installation and dismantling of machinery, plant an

equipment : the term does not include the installation of telephone equipment, carpeting of floors, erection or maintenance of electric lines on poles, maintenance of electric lines on towers or laying of railway lines;

“ constructor ” means a person who makes a contract with the owner of a project to perform otherwise than as a servant construction work involved in the project or, where in respect of a projeci-

(a) more than one such contract is made with the owner; or (b) the owner undertakes construction work as an employer,

‘ means the owner of the project; “ crane chaser ” means a person who slings or directs the movement

of loads handled by a crane on a project where such loads are generally in full view of the driver of the crane;

‘‘ dogman ” means a person who slings or directs the movement o l bads haridled by a crane on a project where such loads are not at all time in full view of the driver of the crane;

“employer ” means a person W ~ Q in respect of a project has in his service one or more workmen and includes a person who is self-employed on a project;

6 6 excavation work ’’ includes work in or in connexion with excavating for or preparing foundations for a building OF structure other than work in or in respect of an excavation less than 1.5 metre in depth measured from the top of the excavation;

6 6 explosive-powered tool” means a tool whereby a stud, pin, dowel, screw, rivet, nail, spike, bolt or other object may be driven against, into or through any substance by imam of an explosive charge and includes every attachment to and accessory of such a tool and every device used OF adapted or intended to be used with such a tool;

‘‘ falsework ” means the structural supports and bracing for formwork and includes any arrangement of fixed or adjustable supports necessary for the support of any building components or structural components until they become self-supporting and able to support a superimposed load;

‘‘ formwork ” means any structure, whether temporary or otherwise, erected for the purpose of supporting concrete or other material of a similar kind;

CO UCIXQN SAFETY ACT 1971-1975 6. s (‘ gear ’’ means any ladder, plank, chain, rope, hook, sling,

hanger, yoke, fastening shackle, hoist, stay, brace, block, bracket, pulley, box, grab, trestle, swinging stage, boatswain’s chair or other moveable contrivance of a similar kind used of intended to be used in connexion with coqstruction work within the application of this Act: the term includes an attachment or insert fit$ed to or cast in a precast unit for use in lifting and placing that unit in the course of construction work;

‘( hoisting appliance ” means any appliance used or capable of being used to raise, lower, hand e or carry a load in connexion with cpnstruction work wit in the application of this Act;

“ holder ’’ “means, when msed in ’irelation to a certificate of competency or a permit issued pursuant to section 52 this Act, the person nam in the certificate or permit as t

‘‘ inspector ” means the Chief Inspector and any person who holds the appointment of inspector or public inspector purposes of this Act and inoludes any person who the whole or any part of the’ duties of an inspector; inister ” means the Minister for Labour Relations and Consumer Affairs and any other Minister of thec. Crown who at the material time is charged with the administration of this Act and includes any person who performs the duties of the Minister;

“ notifiable work ” means construction work that is prescribed under this Act to be notifiable work;

owner ’’ means- (a) in relation to 9 project, the person whose property it is

or for whose &rect benefit the project exists or will exist upon completion;

(b) in relation to Gonstruction equipment, plant or materials the person whose property it is and any lessee, mortgagee, hirer or borrower thereof;

‘’ power-driven equipment ” means equipment that is driven or operated by compressed air, internal combustion, electricity or other power not being human or animal power and includes any electrical equipment and wiring associated therewith, and any explosive-powered tool, but does not include any hoisting appliance;

project ” means any plan or scheme that requires the performance of construction work for its fulfilment and includes the product of such a plan or scheme;

“ public stand ” means a structure erected or set up temporarily to support persons assembled for the purpose of viewing or listening to a display or performance of any kind;

66

G C

(5 s. 6 C O N S I R U ~ I Q N SAFETY ACT 1971-1975

“ rigger ” means a person who is responsible for the rigging and the safety of rigging involved in the erection, placing in position or dismantling of any building or structure, structural steel, plant, equipment or material (other than scaffolding) that requires the erection of tackle involving the use of wire or fibre rope or other gear for the purpose of liftin any thing;

or demolition of scaffolding and who is the person to whom certificate is issued under this Act that authorizes him to s act;

‘‘ scaffolding ” means any structure, sta or p ~ ~ t ~ o r m set U or used or intended to be set up or for or in connexio with the performance of construction work within the application of this Act, or for or in connexion with the support or protection of workmen engaged therein and includes the materials used or to be used in the erection of such a structure, staging or platform ;

“ serious bodily injury ” means an injury that is the occasion for the injured person leaving or being taken from the site where he was injured to receive medical treatment and tjiat is likely to incapacitate the injured person for work for a period of three days at the least;

‘‘ shoring ” means equipment or material used for the temporary support of any building or structure or any part thereof or of any excavation or trench;

“ site’’ means the place where construction work within the application of this Act is or is to be performed and includes any area within the immediate vicinity of such place where gear, plant, equipment or materials to be used in that work are kept, and any building or structure, bridge, wharf, road or way on or within such place or area or in the immediate vicinity thereof;

“ sub-contractor ” means a person who contracts with a constructor to perform, otherwise than as a servant, construction work within the application of this Act and includes a person who contracts with a sub-contractor as so defined to so perform such work;

“ supporting structure ” means a structure, structural member or foundation (including any part of a building or its foundations) that is subject to direct or indirect loading as a result of the installation or use of any construction equipment or public stand;

“ trench ” means an excavation in the ground in which the vertical dimension from the highest point of the excavation to a point level with the lowest point of the excavation exceeds the least horizontal dimension of the excavation, such dimensions being taken in a vertical plane at right angles to the longitudinal centre line of the excavation;

‘c scaffolder ” means a person who is responsible for the e ~ e c ~ ~ ~ ~

working platform ” means that part of a scaffolding or other structure on which material may be stacked or workmen may be supported for the purpose of performing construction work;

‘‘ workman ” means a person who is working for hire or reward on a project and includes an apprentice, and an employer when engaged in the performance of work but, where the project concerns a ship, does not include a member of the crew of the

As amended by Act of 1972, No. 31, s . 6 First Sch; Act of 1973, No. 4, s. 2; Act of 1975, No. 33, s. 3.

(1) This Act shall be administered by t by the Chief Inspector, the ~nspectors a

other officers appointed for the purposes of this Act. (2) The Chief Inspector shall furnish annually to the

report upon the operation of this Act throughout the year t report relates.

tors, etc. t a Chief Inspector of Construction W

and such other inspectors and other officers as he considers necessary the effectual administration of this Act.

Every such appointment shall be made under and in accorda with the Public Service Act 1922-1968 and every person so appoint shall hold his appointment subject to that Act.

(1) The Governor in Council

here this Act prescribes a qualification for appointment to any n appointment to that position shall not be made save of a,

erson who possesses that qualification.

ectoas. A person shall not be appointed a ef Inspector, unless he has passed sue

and possesses such qualifications as are prescribed.

ernor in Council eensland as centres

sgeetors in (1) Notwithstanding the inister may from time to time

locality of Queensland as the Minister defines in the appointment for a period, not exceeding two years, specified in the appointment ;

(b) any person who is an inspector under The Inspection of Machinery Acts 1951 to 1966 or under the Factories and Shops Act 1960-1970 to be an inspector for such period as the Minister specifies in the appointment.

in and from which inspectors shall administer this Act.

provisions of section 9 appoint-

(a) any person to act as a public inspector in respect of suc

e ss. 12.1 CONfJlRU(Yl'ION S A m W A,GT 1971-1975

(2) An iqspector appointed under any provision of subsection (1) of this section shall perform such functions and duties and may exercise such powers as are from time to time assigned to him in writing by the Chief Inspector.

(3) A person shall not be appointed an inspector under paragraph (a) of subsection (1) of this section unless he possesses, in the opinion of the Minister, sufficient qualifications to permit him to perform the functions and duties likely to be assigned to him by the Chief Inspector.

. ~ e r t ~ ~ c ~ t e $ of ~ ~ ~ o i ~ t ~ e ~ ~ . Every inspector appointed for the es of this Act or under any provision of section 11 of this Act

shall be furnished with a certificate of his appointment, signed by tho Chief Inspector, which shall be sufficient evidence thereof.

An inspector shall carry his certificate of appointment with him at all times while in the execution of his duty and, if required so to do, shall produce it to a person in charge of a project at any site that he seeks to enter.

ctcsrs. The functions of an inspector are- safety and welfare of workmen engaged in

construction work within the application of this Act; (b) to advise and recommend to employers and workmen as to

safe practices in respect of such work; (c) to ensure, as far as is practicable, that the provisions of this

Act are complied with; (d) to take such steps as are practicable to prevent or limit the

occurrence or repetition of accidents in connexion with such work;

(e) to promote the safety and welfare of members of the public on any site;

(f) to investi.gate and report on accidents that occur in connexion with such work;

(g) to do such other acts and things as are prescribed.

owerb. of ~ ~ s ~ ~ ~ o r s . An inspector may- (a) at any reasonable hour by day or night enter and remain

upon- (i) any site or place wherein he reasonably suspects that

construction work is being or is about to be performed; (ii) any place wherein he reasonably suspects that construction

equipment is being made, stored, sold, let or hired, lent or otherwise disposed of;

@ii) any place wherdn he reasonably suspects that material is being or has been made for use in construction work and to or in which in to be attached or inserted gear of any kind; or

$iv) any place wherein he reasonably suspects that material of any other kind is being or has been made for use in construction work ;

CBNm"RUCTI(3N SAFETY ACT 1971-1975 41. IS 9

(b) inspect- (i) all construction work ;

(ii) all construction equipment ; (iii) all material that is bekg or has been made for use in

construction work and to or in which is or is to be attached or inserted gear of any kind; and

( i v ) all material of any other kind that is being or has been made for use in construction work,

and make such other examination or inquiry as he considers necessary, to establish whether the provisions of this Act are being complied with and whether safe practices are observed in respect of such work, equipment or material;

(c) require of the person required by this Act to keep or exhibit notice or other w r ~ ~ ~ n ~ roduction of any recor

(i) construction work; (ii) construction equipment;

(iii) material that is being or has been made for use in construction work and to or in Which is or is to be attached or inserted gear of any kind; OF

(iv) material of any ather kind that is being or has been made for use in construction work,

and make such copies thereof or extracts therefrom as he desires ;

(d) require any person who ap ears to the inspector to be in charge of-

(i) a project at any site; (ii) any place Wherein consirdction equipment is being made,

stored, sold, let or hired, lent or otherwise disposed of; (iii) any place wherein material that is being or has been made

for use in construction work and to or in which is or is to be attached or inserted gedr of any kind; or

(iv) any place wherein rnatefktl of any other kind is being of has been made for use in Construction work,

to do all such acts as rnay absist the inspector in the discharge of his functions or the exercise of his powers under this Act;

(e) call to his aid any member of the Police Force to assist him in the discharge of his functions or in the exercise of his powers under this Act and to overcome or forestall any obstruction that is or may be offered to him in such discharge or exercise.

As amended by Act of 1975, No. 33, s. 4.

dress. (1) An

(a) finds any person committing an offence against this Act; of (b) reasonably suspects any person of having committed arl

inspector wlio-

offence against this Act; or

17771-B

(c) is making an examination or inquiry with a view to establishin8 whether or not an offence against this Act has been or is being committed by any person; or

(d) is questioning any person with respect to matters within the application of this Act,

may require that person to state his name and address and may require the production of evidence of the correctness of a name or address given.

rson who, being required by an inspector to state his name

(a) fails to comply with the requisition; or (b) states a name or address that is false in any particular,

commits an offence against this Act.

evidence as to the correctness of a name or address- person who, being required by an inspector to produce

(a) fails to comply with the requisition; or (b) produces evidence that is false in any particular,

commits an offence against this Act.

ector. (1) A person shall not- (a) assault, resist or obstruct an inspector in the exercise of his

powers or the performance of his functions under this Act, or attempt so to do;

(b) fail to answer a question put to him by an inspector for the purposes of this Act, or make a false or misleading answer to any such question;

(c) fail to comply with a requisition, or any part of a requisition, directed to him by an inspector pursuant to this Act;

(d) furnish information that is false or misleading in a material particular in response to a requisition directed to him by an inspector pursuant to this Act;

(e) fail to allow an inspector to make a copy or copies of or an extract or extracts from a record, notice, or other writing produced by him in response to a requisition directed to him by an inspector pursuant to this Act or of any part thereof;

(f) directly or indirectly prevent any person from appearing before and being questioned by an inspector, or attempt so t o d o ; or

(g) use any threat or abusive or insulting language to an inspector or to a workman that is connected with an inspection, examination or inquiry being made pursuant to this Act.

(2) Notwithstanding any provision of this Act a person shall not be required, in respect of any matter within the application of this Act, to answer any question, furnish any information or produce any evidence that tends to incriminate himself,

ACX 1971-1975

e Y e (1) An inspector makes an inspection, examination or inquiry for the purposes

report shall comply with the requirements of the Chief pector as to its form and particularity and shall be filed in his office.

copy of a report made pursuant to subsection Cl) of this 1 be filed by the inspector who made it in the records of the ided for the use o f inspectors at the centre where he is

and shall be kept in such office or elsewhere as the Chief may direct for a perio of five years at the least.

person who satisfie the Chief Inspector or an inspector at the centre where a copy of the report sought is kept pursuant tion (2) of this section that-

is Act shall report in writing thereon to the Chief Inspector,

(a) he is a person who suffered serious bodily injury in th accident to which the report sought relates; OP

(b) he is the spouse of a person who was killed or suffered serious bodily injury in the accident to which the report sought relates; or

(c) he is the legal personal representative of a erson who was killed in the accident to which the report s

(d) he is the solicitor o f a person who was killed or suffer serious bodily injury in the accident to wh

fee shall be entitled to inspect a report made an inspector pursuant to subsection (1) of this section in relation

ident referred to in section 42 of this Act or, as the case may be, a convenient place nominated by the Chief such nomination, at the office of the Chief

tor, and upon payment of the further to be furnished with a copy of or an

e ease may be, copy inspected by hi

ecy. (1) Save where it is otherwise provid shall not disclose any i n f o r ~ ~ t ~ o n selati

cquired in the course of his per~ormance

) of this section shall not be disclosing information therein

and pays the prescrib

rse of his duty for the purposes of this ister or an officer of the Grown for the proper on of this Act;

(c) when called as a witness in any proceeding wherein such information is relevant.

iility. Neither the Crown nor any inspector ccount of anything done by an inspector

rsuant to this Act, or done by an inspector in good faith purportedly oses of this Act.

12 ss. 20,2 @QNSO['IhUCJTIQN BAFEJTY ACT 1971-197.5

n inspector shall not be criminally liable on account of anythin one by him pursuant to this Act, or done by him in good fait urportedly for the purposes of this Act.

This section shall not be construed to protect an inspector from his, liability to be dealt with pursuant to the Public Service Act 1922-1968

any contravention of or failure to comply with any t Act committed by him.

PART IV-CONSTRUCTION SAFETY

af a project on which he i s engag

in or for construction work- (i) is suitably designe for safety in the use made or to be

(ii) is erected and maintained in a safe and servicea (iii) is used and operated safely and competently and, where its

(c) provide adequate lighting in all workin areas and in all areas that give access to working areas;

(d) cover over or provide a railing, suitable to secure safety, around all floor and wall openings;

(e) provide railings, suitable to secure safety, on all stairs an landings;

(f) provide protection, suita le to secure safety, a perimeter of all floors;

(g) provide safe and protected means of entrance to the site of construction work and to every building or structure therein ;

(h) provide protection for members of the public on the site; (i) ensure that the place where construction work is

(j) ensure that adequate precautions are taken against the

(k) provide such other safeguards and take such other safety

of it;

use or operation is prescribed, as prescribed;

is kept in a tidy condition;

occurrence of fire on the site;

measures as are prescribed.

- ~ Q ~ ~ ~ ~ ~ ~ o ~ . In respect of construction work on

(a) ensure that the provisions of this Act are complied with or, which he is engaged, a sub-contractor shall-

as the case may be, are not contravened on the site;

CB~NSTRUCTIQN SAFETY ACT 1971-1975 ss. 22-26 13

($1 ensure that all construction equipment provided by him or by any servant of his and used or to be used in or for such construction work-

(i) is suitably designed for safety in the use made or to be made of it;

(ii) is erected and maintained in a safe and serviceable condition ; (iii) i s used and operated safely and competently and, where its

erate with the constructor to maintain a safe and tidy site, use or operation is prescribed, as prescribed;

amties In respect of construction work on which

(a) provide and maintain such construction equipment, working places and other equipment or things as may be necessary for the safe performance of such construction work and, where its provision or maintenance i s prescribed, as prescribed;

(b) where he requires or permits his workmsn to use or operate any construction equipment or other equipment or things or facilities of a person other than the employer, ensure that the items or facilities so used or operated are in a safe condition, and adequately guarded against the occurrence of injury or damage that could QCCW by reason of the use or m a ~ f u n c t ~ o ~ thereof;

(c) where this Act so requires it, provide for each workman employed by him while the workman is engaged on such construction work such protective clothing and equipment as is prescribed;

he i &e4 shall-

(d) ensure the safety of his w o ~ k ~ e n on the site; (e) instruct his workmen (particularly new workmen and

apprentices) in their duties and as to dangers associated with the construction work on which they are engaged;

(f) ensure that all construction equipment, workin other equipment used by his workmen engaged on such construction work are used safely and com

A. of c ~ ~ $ ~ ~ ~ ~ ~ ~ ~ etc. The person on whom a duty is cast by secti 21 or 22 is liable for a breach of that duty n o ~ w ~ t h s ~ a ~ d ~ n g that the act or omission that evidences a failure to perform that duty is the act or omission of another person or that the act or omission is cont to his instructions and in relation to such breach of duty sections 23 24 of The Criminal Code do not apply.

Inserted by Act of 1975, No. 33, s. 5.

ties 0 . A workman engaged on construction work- (8) shall so act on the site that he does not endanger the safety

@) shall wear or, as the case may be, use as rovided for him;

of himself or of any other person;

FETY ACT 1971-1975

(c) shall carry out such protective or safety measu~es OH? the site as are required by this Act or are required of him inspector pursuant to this Act;

d) shall not, without his employer’s permission, remove from the site any construction equipmerit or other e q ~ i p ~ ~ ~

rovided in compliance with this Act,

Division ~ ~ - ~ ~ ~ v e n ~ ~ ~ ~ sf Accidents

Inspector.

ce wit

(a) any c o ~ s t r ~ c t ~ o n equipment is erected, maintained or used otherwise than in accordance with this Act; or

(b) the use or operation of any construction equipment is likely to cause loss of life or serious bodily injury to any person or damage to property,

he shall give to the constructor, or to the sub-contractor concerned, I to the employer concerned (according as the inspector deems sufficient) kections verbally or in writing to do such things as the inspector

considers necesary to secure compliaiice with this Act or, as the case may be, to remove the likelihood of such loss of Me, injury or damage, and shall therein specify a time within which the directions are to be

rs to an inspector-

1 that is being or has been made for use in constsuctiofl d to or in which is or is to be attached or inserted

(ii) material of any other kind that is being or has been made for use in construction WO&; or

struction equipment that is being stored, sold, let or ed, lent or otherwise disposed of,

CONSTRUCTION SAFETY ACT 1971-1975

and that gear is being or has been attached or inserted otherwise than in accordance with a standaxd prescribed or a standard approved by the Chief Inspector or that material or that construction equipment is not of a description and a standard prescribed or approved by the Chief Inspector; or

(b) that the use or operation of material or construction equipment referred to in subparagraph (8) i s likely to cause loss of life ox serious bodily injury to any

he shall give to the owner, or person arge of that place directions verbally or in writing to d o such things as the inspector considers necessary to secure compliance with this Act or, a the case may he, to avoid the likelihood of such loss of life, injury or amage, and the inspector shall therein specify a time within which the di ctions are to be complied with.

(3) Subsections (1) and (2) do not a ply where an inspector exercises section 28 afthis Act.

s amended by Act of 1975, No. 33, s. 6.

son or damage to property,

property, the inspector shall give to the constructor, or to the sub-contractor concerned or to the employer concsrned or to the wolrkman (according as the inspeetor deems sufficient) directions verbally or In writing that the construction equipment thxein specified be used for or in connexian with the construction work, and shall therein specify a time within which the directions are to be complied with.

As amended by Act of 1975, No. 33, s. 7.

to an inspector that serious bodily injury and that it is practicable to protect that person from that risk by means of a fence, guard, screen, net, rope, scaffolding or other reasonable precaution, or by providing him with protective clothing or equipment the inspector shall give to the constructor, or to the sub-contractor concerned or to the employer concerned (according as the inspector deems sufficient) directions verbally QT in writing to take such precautions as the inspector considers necessary to remove or reduce such risk and shall therein specify a time within which the directions are to be complied with.

As amended by Act of 1975, No. 33, s. 8.

e. ( 1 ) If it a to an inspector that-

(a) any construction equipment ; (b) any material that is being or has been made for use in

construction work and to or in which is or is to be attached or inserted gear of any kind ; or

(c) material of any other kind that is being or has been made for use in construction work,

16 s. 29 UCPION S A m W ACT 1971-1975

i s so defective as to be likely to cause loss of life, serious badily injury or damage to property or is not of a description and of a standard rescribed or approved by the Chief Inspector, he may seize the eq

Qr material or the part thereof (according as the inspector deems s defective or is not of a description and ot a standard prescribed roved and for that purpose may dismantle the equipment or 1 or cause the same to be dismantled and may give such directions

as he sees fit to any person to enable the equipment or ~ a t e r ~ a ~ to be dismantled.

(2) A person required by an inspectar to dismantle any construct’ equipment or material for the purposes ~f this sectioq or who is direo by an inspector to take any other action for the purposes of this section shall comply with the requisition or direction forthwith,

Substituted by Act of 1975, No. 33, s. 9.

~ W ~ ~ $ ~~~~~~~~y to inspector may include in directions given by him pursuant to section 25, 26 or 27 of this Act, or may subsequently give to any person (whether the person to whom he gave those directions or another) a direction in writing-

(a) to refrain from using or operating any construction e q ~ i i ~ ~ ~ e ~ ~ ~ to which the directions relate;

(b) to refrain from performing construction work in respect of which the directions are given and any other construction work in the vicinity that is likely to cause loss of life or serious bodily injury to any person or damage to property unless those directions are complied with;

(c) to refrain from using, and to prevent the use of any site, building or structure or public stand in respect of which the directions are given ;

(d) to refrain from selling, letting or hiring, lending or otherwise disposing of material or construction equipment in respect of which the directions are given,

until the directions given under any of those sections are complied with.

(2) If it appears to an inspector that- (a) any construction equipment ; (b) any material that is being or has been made for use in

construction work and to or in which is or is to be attached or inserted gear of any kind; or

(c) material of any other kind that i s being or has been macle for use in construction work,

IS so defective as to be likely to cause loss of life or serious bodily injury to any person or damage to property he may give a direction in writing or verbally to the person whose property it is to destroy the equipment or material or the part thereof (according as the inspector deems sufficient) that is defective and he shall therein specify a time within which the direction is to be complied with.

As amended by Act of 1975, No. 33, s. 10,

CO, ACT 1971-1975

person to ~ h o ~ provision ofthis Division therein specified.

(2) A person shall be taken not to have committed an offence by eason of his failure to comply with an inspector’s direction within the til;ncg

ven in respect of construction upon receipt of the direction ;

ecified if he shows- (a) that in the case of a

work, such work was or

the case of a direction given in respect of constructio ent, the c o n s t r ~ ~ t ~ o ~ work for in connexion wit

nt was to be used was a ~ ~ n ~ o ~ e ~ U Oh

ea1 against the p ~ r s ~ a n t to this Act w ~ ~ h ~ ~ such time.

was duly mad.9

after the institution of

a~~~~~ the a p ~ ~ ~ ~ a n t and the insp~ctor to adduce from witnesses such evidence

appear at the time and

(ii) revoke the d ~ r ~ c t ~ ~ n ; ~r (iii) vary the direction in any way he thinks fit;

peal is against an inspector’s seizure,

ction equipment seized an it was seized.

stria1 magistrate, decision of the Chief Ins

Jurisdiction is hereby conferred on industrial magistrates to heant determine such appeals. (7) An appeal to an industrial magistrate shall be instituted within

44 days after the person aggrieved is informed of the Chief Inspector's decision and shall be instituted, heard and determined in manner ~rescr~bed or, in so far as it is not prescribed, as the industrial ~ ~ g ~ s ~ ~ ~ ~ ~ directs.

(8) The industrial magistrate may, after hearing an appeal, m thereon a determination such as the Chief Inspector is empowered subsection (5) of this section to make on an appeal to him against ap inspector's direction,

(9) The decision of the Chief Inspector 0x1 an appeal is final and shall be given effect to-

(a) where an appeal against his decision is not duly instituted;

ea1 duly instituted is struck out by an indus- te for want of prosecution (the ,industrial

powered so to do). gistrate on an appeal is final and

or

magistrate being hereby The decision of an industrial

shall be given effect to.

~~~~~~~~~~§ of hen an appeal against an inspector's direction or a appeal has been duly instituted-

sion of the Chief Inspector an

(a) a person shall not use or operate or permit to be used or operated any construction equipment to which the direction -relates until"the appeal is determined or is struck out, as the case may be;

(b) a person shall not pefform or permit to be performed any construction work in respect of which the direction is given until the appeal is etermined 3r is struck out, as the case may be. here the Chief Inspector or an industrial magistrate on appeal

confirms or varies an inspector's direction he shall appoint a time within which the direction is to be complied with and-

(a) in the case of a variation, the direction as so varied shall be

(b) in both cases, the time so appointed shall be deemed to be the

(3) Where the Chief Inspector or an industrial magistrate on appeal revokes an inspector's direction it shall be deemed that the direction had not, at any time, been given.

deemed to be the direction given to the appellant;

time specified in the direction given by the inspector.

onsequences of seizure. (1) Any thing seized by an inspector pursuant to section 28 of this Act shall be kept by the inspector until the expiration of the time limited by this Act for the institution of an appeal or, if an appeal is duly instituted, until the determination of the appeal and upon, in the former case, such expiration or, in the latter case, a

ination that confirms the seizure the thing seized shall be forfeited e ~~~~~ and may be disposed of as the Chief Inspector at any time

(2) Neither the Crown nor any inspector shall be liable on account ized by an inspector that the time it is kept by him

directs.

damage to or destruction of any thing urs, without intent of the inspector, duri

rsuant to subsection (1) of this section.

n of this Division or enlarge the time specified

AS amended by Act of 1975, No. 33, S . 11.

or to be in charge of the c o n s t ~ u ~ t ~ o n equipment or the construction work to which the directions

and shall be deemed to have been iven to the ~onstructor, ntractor or employer to whom they ar

erson to whom directions are given pursuant to this section them lo the knowledge of the on as is practicable, bri

c ~ n s t ~ u c t o r ~ su -contractor or empll r to whom they are directed.

ere it appears to t Commission established by The Industrial Conciliation and Arbitration Acts 1961 EO 1964 that a constructor, sub-contractor or employes to whom an inspector has given directions pursuant to any provision of this

ivision- (a) has faded to comply with the directions and thereby

c4 mitted an offence against this Act; or

al against the directions given to hi st any of them, or a Chief

failed to comply with section 32 of this Act or is likely to fail to comply with that section,

the Commission may, on the application of the Chief Inspector, make such order as it thinks just and necessary in the nature of a mandatory or restrictive injunction or otherwise to secure compliance with the directions or, as the case may be, with this Act.

(2) The Cornmission may in its discretion direct an order made pursuant to subsection (1) of this section to such of them the constructor, sub-contractor or employer in respect of the project o r construction work to which the inspector’s directions relate and may eiajoin thc person or persons to whom it is directed from proceeding further with the project or the construction work either for a limited period or indefinitely.

s decision on appeal concerning the

wer conferred on the Commission by this section may a member of the Commission in chambers but an order

so made by a Commissioner may be discharged or varied by the full bench of the Commission upon the application of any person affected thereby.

(4) A person to whom an order made pursuant to subsection (I), of this section is directed shall not, after he has received notice of the order, contravene the order or permit the same to be contravened.

The form of such notice and the mode of service thereof shall in the discretion of the Coinmission.

( 5 ) A person to whom an order made pursuant to subsection (1) of this section is directed who contravenes the order or permits the same to be contravened-

(a) commits an offence; (b) may be prosecuted for that offence by way of proceedings in

the Industrial Court constituted under The hdzutrial Conciliati and Arbitration Acts 1961 to 1964 as if the offence were again a provision of that Act; and

(c) is liable to a penalty of $5,000 and, in addition, to a penalty of $50 for each day during which the contravention continues.

(6) Every proceeding kakeii for the purposes of this section shall be taken subject to and in accordance with The Industrial Conciliatioo and Arbitration Acts 1961 to 1964 and the d e s of Court made under those Acts the provisions whereof shall, subject to this section, apply accordingly.

Division I&-Notifiable Work ~~~~~~~~~~ of ~o~~~~~~~ aslork. The Governor in Council may

prescribe any construction work or class of construction work that, in his opinion, is likely to be dangerous for workmen engaged therein to be notifiable work for the purposes of this Act.

In the exercise of the power conferred on him by this section it shall be competent to the Governor in Council to prescribe as notifiable work all construction work save such work or classes of work as are specified by him.

constructor shall not commence nor cause nor suffer to be commenced any construction work that is notifiable work unless he has first notified the Chief Inspector, as prescribed, of the nature of the work and of the time when that work is to be commenced.

Substituted by Act of 1973, No. 4, s. 3.

ode of ~ ~ ~ ~ f i c ~ ~ ~ o ~ ~ A notification given in relation to notifiable work shall be in the prescribed form, sball be given to the Chief Inspector at least twenty-four hours before the time when it is intended to conmelice the work and sliall be accornpanjcd by the prescribed fec.

CBNSTRUCTZON SAFEDY ACT 1971-1975 ss. 21

account of his contravention of se

(a> that the notifiable work was cammenced to meet an emerge created by explosion, collisisn, Aye, pain, flood, lightni wind or earthquake; and

(b) that it was impracticable in the circumstances in woxk was commenced to give the notification as

e 9

an (c) that the notification was given in the prescribed form and the

prescribed fee paid as soon as racticable after the work ~ 4 % ~ O ~ ~ e n ~ ~ ~ .

re c o ~ ~ e n c i n wnstruction work that is notifiable work, where-

(a) the method by which the work is to be done is not prescribed ; or (b) any construction eq

with the work is not or approved by the Chief 1

d for or in connexi

apply in writing to the Chief 1nsp pprove of the propose method of work or, as the case uipment proposed to be used.

(2) If the Chief Inspector is satisfied that the applicant has supplied him with sugcient detail of the proposed method of work or, as tho case may be, the equipment proposed to be used he shd,1 dctn,rmine the matter sf the application and notify the applicant in writing of grant or refusal of his approval.

(3) A constructor, sub-contractor or employer shall not perform construction work that is notifiable work in relatiora to which an application is made u n k subsection (I) of this section by a method of work or with eonstguctioa equipment of which the Chief Inspector has refused to approve.

As amended by Act of 1975, No. 33, s. 12.

Division IV-Investigation of Accidents ~~~~~~ of ~~~~~~~~~~. Notice shall be given as prescribed to

ief Inspector of the occurrence of every accident that arises out of or in connexion with the pcrforrnance of construction work and that-

(a) causes loss of life or serious bodily injury to any person; or (b) involves the breakage, distortion or damage of any power

driven equipment, load bearing part of scaEolding, supporting structure, gear, hoisting appliance, public stand, shoring, formwork or falsework.

Such notice shall be in the form and shall be given as rescribed by the provisions of th

CO UCFIQW SAF€iTY ACT 1971-1975

O&;CCe ~ O ~ ~ e ~ ~ ~ ~ ~ JOSS ifee As soon as after the occurrence of an accident that causes loss of life the persorq required by this Division to give written notice of the occurrence pursuant to section 45 of this Act shall in addition give to the Chief Inspector or to any other inspector by the quickest means of communication available to him all information concerning the accident then available to him.

notice to notice shall be given of the occurrence ofan accident that causes loss of life or serious bodily injury-

(a) where the accident has happened to a workman engaged in or in connexion with the construction work concerned, by the employer of the workman;

(b) where the accident has happened to any other person, by the constructor.

here the accident causes loss of li or serious bodily injusy the employes or9 as the case may be, the constructor shall. give the prescribed written notice within twenty-four hours after the occurrence of the accident.

. Notice 0% aeeriBent ~ ~ e ~ & ~ ~ ~ sea here the accident is one described in paragraph (b) of section 42 of this Act notice of its occurrence shall be given within twenty-four hours after the occurrence by the person, whether he be constructor, subcontractor, employer QT workman who, when the accident occurred was controlling the use or operation of the construction equipment or public stand concerned.

7. Scene of acei eat mot to be ~~~~~~~~~~ w ~ ~ ~ . Upon the occurrence of an accident that is required by this Division to be notified to the Chief Inspector a person shall not move or otherwise interfere with any construction equipment or public stand or other thing involved in the accident unless he first obtains the permission of an inspector or, if an inspector is not available, a member of the Police Force save where such movement or interference is necessary to Save life or relieve suffering or to prevent damage to property.

e A person who, being fails to do so as prescribed

commits an offence against this Act.

spe@tor’s duty n receipt of stice. (1) Upon receipt of notice of an accident pursuant to this Division the Chief Inspector or any other inspector nominated by him shall enquire as he considers necessary into the circumstances of the accident with a view to establishing the cause thereof and shall make a written report of his findings, which, in the case of an inspector other than the Chief Inspector, shall be made to the Chief Inspector.

(2) In discharging his duty under this section an inspector‘ require any person to inform him of what that person knows concernifng the accident,

CQNSTRUCr?QrJ SAFETY ACT 1971-1975

s. ( 1 ) The Finister may, from ence charged with the function of

investigating, determining and reporting on the cause of the accident- (a) that is required by this Division to be notified to the Chief

(2) In the discharge of its function a Board of Reference shall enquire into the circumstances and possible causes of the accident and

make its findings in writing to the Minister and for this purpose oard shall be deemed to be a Commission within the meaning of

The Commissions of Inquiry Acts 1950 to 1954 and its members shall be deemed to be Commissioners within the meaning of those Acts.

oard of Reference shall consist of three members appointed ter of whom-

(a) one shall be chairqan appointed as such by the (b) one shall be a representative of the constructor, sub-contractors

and employers concerned in the construction work on the site where the accident occurred ;

( G ) one shall be a representative of the workmen engaged in and in connexion with the construction work on the site where the accident occurred.

Division V-Cerf$cates of Competency

y the Minister by notification published

(a) a constructor, sub-contractor or employer shall not engage in the Gazette-

any person in the occupation of- (i) dogman;

(ii) explosive-powered tool operator; (iii) hoist driver; (iv) rigger; (v) scaffolder;

(vi) crane chaser ; or (vii) any other prescribed class of worker; and

(b) a person shall not to in the preceding

in any of the occupations referred Ph (4,

unless that person- (c) is the holder of a subsisting certificate of competency issued

ivision by the Chief Inspector that certifies his competence in the occupation in which he is engaged or of a subsisting permit issued under this Division by the Chief Inspector that authorizes him to engage as a learner in the occupation in which he is engaged; and

(d) is engaged in such occupation in accordance with any restrictions or conditions to which the certificate or permit is for the time being subject.

24 s. 52 G

Of- (a) the e n ~ a ~ e ~ e ~ ~ ofa person who is not

of competency as a scaffoldep in the ere of scaffolding (except where the scaffolding is constru9ted of the tube and couplep typt;) or gear in the case OF-

w e ~ ~ ~ ~ g ~ ~ o ~ ~ e OP not more than one stoyey in

a person is ~~~e~~ to working p l a t ~ ~ r ~ of

(b) the e ~ g a g e ~ e ~ t of holders o four in number or,

in excess OB' fQW, not eXce istants to a liolder o f a certi

As amended by Act of 1972, No. 31, s. 6 First Sch; Act of 1975, No. 33, S . 13.

ny person who seeks a ngage in any OF a ~ e r ~ ~ t so occupations referred to in section 51

may engage as a learner in any of t hief Inspector in th prescribed form and shall o the~wi~e comply wit

the provisions o f this ct relating thereto.

(2) The Chief Inspector shall grant to an applicant for a certificate of co~~petency the certificate sought if the applicant satisfies hbn-

applicant is of or ~ ~ p ~ i c a ~ t is not

e the age sf 18 ct to ~ e ~ f n e s s

ilepsy or other infirmity such as to rende ies under the authority sf the c e r t ~ f i c ~ ~ ~ for w h k

applies ; Qd) ~ h ~ t the a as passed such ~ x a ~ ~ ~

escribed ; and the fee prescribe in respect of

the certificate.

ef Inspector shall grant to an a p ~ l ~ c a n t for a if the ~pplicant satisfies applicant is of or above

t is not subject to ~ea fness~ defective sight, infirmity such as to render him unfit t.0

CON 1971-1975 SS. 25

(1) If it appears to the

(b) has shown himself to be incompetent or inefficient in the occupation in respect of which he holds the certificate OP permit;

(c) has become subject to deafness, defective sight, epilepsy or other infirmity that renders him unfit to perform duties under the authority of the certificate or permit;

(d) has infringed any restriction or condition to which the certificate or permit i s subject; or

(e) has rendered the certificate or permit liable to be revoked for any other prescribed cause,

the Chief lnspector may call upon the holder in writing to show cause, G t a time and place appointed by the Chief Inspector and notified to the holder, why the certificate or permit should not be revoked.

(2) If the holder called upon to show cause fails to show cause, or does not show cause sufficient in the Chief Inspector’s opinion the Chief llnspector may revoke or, in his discretion, suspend for a limited period the certificate or permit,

A suspension of a certificate or permit shall be for such period l s the Chief Inspector thinks fit.

(3) Cause may be shown- (a) by the holder of the certificate or permit appearing in person

(b) in writing. before the Chief Inspector and being heard ; or

Where as a result of a show cause proceeding the Chief Inspector proposes to cancel or suspend a certificate or permit of a holder w h o has not appeaizd in person in that proceeding he shall first inform the holder of his proposal and offer the holder the opportunity of appearing before him at a time and place appointed by him and being heard.

peds c~~~~~~~~~ certi emits. ( 1 ) A person who is aggrieved by a decision of the Chief Inspector to refuse to grant R certjhcate or a permit under section 52 of this Act or to revoke or suspend a certificate or a permit under section 55 of this Act may appeal to an industrial magistrate.

Jurisdiction is hereby conferred on industrial magistrates to hear and determine such appeals.

(2) An appeal shall be instituted wilhin 21 days after the pcrson aggrieved is informed of the Chief Inspectur’a dxis ion and :hAI he instituied, heard and determined in manner prescribed or, in so l‘ar as it is not prescribed, as the industrial magistrate directs.

(3) Upon an appeal the industrial magistrate may aflirm, rescind or vary the decision of the Chief Jnspector whereupon the industrial magistrate’s decision shall be dcemed to bc that of the Chief Tnq-wctor and shall be final and conclusive.

(a) shall within 21 of the ~ e ~ ~ c a ~ i ~ ~

(b) for the site whereof 62 of this Act i s set

(a) shall be re$~onsib~e to the Caristkuctor fot otrer-all safety o the site;

(b) shall knowledge of safe construction metho to th ect;

(c) shall have authority to require sub-contractors and to adopt such methods and ltbll~w such practices his opinion, ensure the safety of the w o r ~ ~ e ~ and the site;

as are prescribed, (d) shall have such ~ u a ~ ~ f i ~ a t i o n s and shall such functions

identity of every

ct as liaison officer bet wee^ the ~ o ~ ~ ~ ~ u c ~ Q ~ and the inspector who visits the site.

As amended by Act of 1975, No. 3 3 , s . 15.

9. ~~~~~~~~~~~~ (I) The workmen engaged on a site of construction work to which subsection (1) of section 58 of this Act applies

r the site a person wbo shall be designated the

(2) Unless it is otherwise agreed between the constructor of the construction work concerned, the employees engaged in 01: in c o ~ n ~ ~ ~ o ~ with that work, and the Chief Inspector only one Safety shall be elected for each site.

of s ve. A person shall not be 9 d Safety d, if elected as such, shalll not be recognized as such unless-

(a> he has had at least six years’ experience in constructiof wor ten years ~ ~ ~ e d ~ a t e ~ y preceding his electio

(b) he possesses such other qualifications (if any) as are prescribed, present~tive ; and

epresentsative’s experience o experience gained since

apaesenntaLhg?. (1) A Safety an hispection once in each

epresentative and cer all matters that, in his opinion,

week of all parts of the site for which he fs Safety

orhef i on the site. resentative shall perform such duties as ar

d o n that construction work on d y to be especially dangerous to

ommittee, voluntarily set up, does not exist for

y give to the constructor of the coristi-uction work ty Committee be set up for the site.

nt t s subsection (I) of this section shall forthwith cause to be a Safety Committee constituted as is prescribed.

workmen engaged on the site; and

(2) A constructor to whom the Chief Inspector’s direction is

( 3 ) The members of a Safety Committee shall, in respect of e for which the committee is set up, perform such functions, tb charge such duties as are prescribe

UCTION SAFETY ACT 1971-1975 ss. 29

y Council, constituted as determined from time to time b ter, exists, it shall consider all matters that4 ~ Q ~ c ~ ~ ~ safety wit lding construction industry and that are ~ e ~ ~ ~ ~ e d to it by the Minister or are otherwise brought to its notice and s k

t~ the Minister on its deliberations and make to him suc tioas as i t thinks necessary with a view to securing suc

safety*

Inspector and other ed for the ~ u r ~ o § ~ ~

(ii) the extent to which tor, other inspector$+ and such other office rcise of their powerg and the discharge o f their duties, interfere with the ~ e r f o r m a ~ c e of work or processes on any site;

(iii) the qualifications for a ~ ~ o i n t m e n t to the tor, cadet inspector or other officer rposes of this Act, and the furnishing' ch appointment of satisfactory evid

s. Prescribing the form and manner of giving, g~an t ing~ eeping or making orders, notices, lans, records, a ~ ~ ~ ~ c a ~ ~ o n ~

c ~ ~ p e t ~ n c e by way of c o ~ p e t j ~ i ~ ~ examination;

rposes of this Act; oviding fof and regulatin

ect-matter, conduct and standards of examinations fy applicants for certificates of competency under

this Act and other matters incidental to the holding of such examinations;

@i> the granting, suspension and cancellati'on of certificate of competency and rmits to learners, and the issue o fresh certificates or p its in lieu of any of them that have been lost OF destroyed os whereon the pkrticulars have

the fees payable under this h and the circumstances in

and gear; maqner in which c o n ~ t r ~ c t ~ o ~ shall be set Barilk, ~ a i n ~ a ~ n e d ~ used, disma demolished ;

(Z) the placing and use of gear so as to ensure the safety of ersons who use it or who are likely to be injured in an

accident involving it;

roviding for and regulating- giving to an inspector of notice before the

commencement of notifiable work; [i!) the giving to an inspector of information with re

the estimated, interim and final cost of notifiabl and the manner and time s f giving that information;

(iii) the giving, to an i of notice of intention to erect or use construction

fety. Prescribin lating the taking of measures and precautions to

ti> the safety and welfare of persons engaged in the comtru ti00 of, or in work that involves the us5 of a roof of any buj E ding or structure which roof is to be or fs sheathed with sheathing of any kind;

ti;) the safety and welfare of pefsqds engaged in the er qtion of skeletal steel-framed buildings ok any other buildin structdre;

(111) the safety and welfare of aged in the ~ e ~ o ~ i t i o ~ of any building or structure;

(iv) the sa'fetg! and welfare of members of the public durln the perfdfmance of construction work;

(v) the safety and welfare of persons on any sitc; (vi) the safety and welfare of persons engaged in compressed

(vii) the prevention of fires on any sitc;

I- 3 ' . . .

air work OF diving work;

Providing for dnd regulating n of construction equipment;

isags. Prescribing and precautions to secure

the preservation of property where or structure-

ti', has been damaged or otherwise affected collision, fire, rain, flood, lightning, wi

@) is weakened or otherwise affect permanently, by the performance of const

0) rescribing and regulating- (i) the description 01- type of explosive-powered tools that

may be used in or in connexion with construction work; (ii) the taking of measures and precautions to secure the.

safety of persons using or associated with the use of explosive-powered tools ;

eals. Providing for the practice and procedure to the industrial magistrate or to the Chief

Inspector instituted pursuant to this Act, and providing for the award of costs therein and the recovery of such costs awarded;

. Providing for all matters permitted to be prescribed;

top Act. Providing for all matters Governor in Council are necessary

or convenient to secure the proper administration of this Act cx to achieve the objects and purposes of this Act;

ct. Providing for the exhibiting of copies of OP abstracts from this Act in prescribed places by ~ r e s c ~ i b e ~ persons.

+ere by this section the itk respect to any matt

overnor in Council is empowered to he shall thereby be empowered to

~ o ~ i ~ i ~ with respect to that matter. As amended by Act of 1975, No. 33, s. 16.

~ ~ ~ ~ ~ ~ ~ ~ ~ ~ § . (1) A regulation made under

(a) shall be published in the Gazette; (b) shall, upon publication, be judicially noticed and suc

publication shall be conclusive evidence of the matter contained therein ;

(6) shall take effect from the dat of such publication unless a later date is specified in the r ulation for its cornmencement when, in such event it shall take effect from that later date; and

(d) shall be laid before the Legislative Assembly within 14 sitting days after such publication if the Assembly is in session and, if not, then within 14 sitting days after the commencement of the next session of the Assembly.

(2) If the Legislative Assembly passes a resolution of which notice has been given at ally time within 14 sitting days after a regulation has been laid before it disallowing the regulation or any part of it that regulation or pal? shall thereupon cease to have effect but without prejudice to the validity of anything done or omitted thereunder in the meantime or to the making of a further r ep1 a t' 1011.

(3) In this section the expression " silting days I' mcans days on which the Legislative Assembly sits for the despatch or business.

~~~~~~~~~~ may adopt stanrdards. The regulations may adopt, wholly or in part and either by way of rercrence or by way of express specification therein, any of the standard rules, cocics or specifications of the bodies known as the Standards Association of Australia, the British Standards Institution or a like body identified in the regulations.

CONS E I R ACT 1971-1975

avenes or fails to t or any direction QP req to this Act commits an

CONSTIPUCT'ZON SAFETY ACT 1971-1975 ss. 6 33

(2) Save where this Act otherwise prescribes, a person who is convicte of an offence against this Act is liable to a penalty of $500.

person who is convicted of an t that consists of a contravention of ion of section 20, 21 or 22 of this iven to him pursuant to this Act--.

fa) in the case where as a consequence of the contravention or failure to comply loss of life of any person or serious bodily injury to any person has occurred, is liable to a p e ~ ~ ~ t ~ of

se ere the ~ontravent~o a nature that it may b , in addition to any 0th

cw which he is convicted of the offence or until the which the default is rectified, whichev

(23 A person w 0, being convicted of an that consists of a ~ o n t ~ a v e ~ t ~ o n or failure to

it may be committed from day to day, nce may be prosecuted from time to time

Act that consists o f the same contravention or failure to comply and is &able to a penalty of $50 for each day during which it is continued as from the date OR which he was last convicted thereof until the date on which he is convicted or on which the default is rectified, whichever date is the earlier.

ces. (1) A prosecution for an offence against way of summary proceedings before an industrial

within the meaning of The Industrial Conciliation and Acts 1961 to 1964.

Jurisdiction is hereby conferred on such industrial magistrates to hear and determine such proceedings.

(2) A person aggrieved by a decision of an industrial magistrate in proceedings brought pursuant to subsection (1) of this section who

ires to appeal therefrom shall appeal therefrom to the Industrial ourt constituted under The Industrial Conciliation nnd Arbitration Acts

1961 lo 1964. Jurisdiction is hereby conferred on the Industrial Court to hear and

determine such an appeal.

(3) The provisions of The Industrial Conciliation a id Arbitration Acts 1961 to 1964 and of the Rules of Court made under those Acts shall, subject to this Act, apply, according to their tenor, in relation to

8 proceedings before an industrial magistrate brought pursuant to subsection (1) of this section and in relation to proceedings on appeal before the Industrial Court brought pursuant to subsection (2) of this section,

34 ss. 71-74 CONSTRUCTION SAFETY ACT 1971-1975

(4) A prosecution for an offence against this Act shall be commence by complaint of an inspector or of any person authorized by the Minister or by the Chief Inspector.

As amended by Act of 1975, No. 33, s. 17.

t of e A prosecution for an com ny time within one year

fter the matter of complaint arose or within six months after the matter of complaint comes to the knowledge of the Chief Inspector, whichever period is the later to expire.

I Upon convicting any person of mitred in respect of construction

equipment the industrial magistfate may, whether or not application is made therefor, make an order that the equipment be thereby forfeited l o the Crown.

Equipment so forfeited shall be takerf into possession on behalf o the Chief Inspector and shall be disposed of as directed by him.

against this Act that is

73. Power to order rem ot e. (1) Where any person is convicted of an offence aga is e industfiaf magistrate may, in addition to imposing a penalty on him order that he take steps lo rectify the conyravention or failure to comply in question to the satisfactiori' of an inspector within the time specified in the order.

The industrial magistrate may, on appfication made to Mm, enlarge' the time specified in such an order or y fix another tin& within which the order is to be complied with.

(2) When he is minded to make an ofder p of this section an industrial magistrate may adjo to be imposed until the expiration of the tiMe t os' of that time % Fatter enlarged or until the expi

material time.

xed, as the case requires, but in that e$ent the offender shall not be unished if he bas complied with the ofder by the expiration o f the!

hen an order Its made under subsection (1) of this section the offender shall not be liable in respect of the continuance of the contravention or failure to comply during the time allowed by the industrial magistfate but if at the expiration of the Material time the ordef has not been complied with the offender shall be liable to be dealt with & prescribed by sections 68 and 69 of this Act.

ces st Act. (I) Where an offence against this Act is committed in respect of construction work of construction equipment the person, being the constructor or sub-contractof

CONSTRUCTlON SAFETY ACT 1971-1975

orkmen engaged o~ll the construction WO&

the exercise of

Inserted by Act of 1975, No. 33, s. 18.

es. (1) An arnohnt of Fees payable under this Act

(a) by summary proceedings in a Magistrates Court undef The and not paid may be recovered-

Justices Acts 1886 to 1968; or

36 s.96 CONST SAFETY ACT 1971-1975

(b) by action in a court of competent jurisdiction as fOr a debt due and owing to the erson in whose name the action is

may be, plaint of the Chief Inspector inister ot by the Chief ~ns~ec to r .

brought,

roof that any notice iven lies on the

and the burden of proof that the person or firm named in a comp~aint is not the constructor, sub~contra~tor or, as the case

er of the ~ o v e r n ~ e ~ ~ o take any p ~ o c e e ~ ~ n ~ shall be

lies on the defendant. inspector or other Q

pecified therein is due and owing in respect of fees by the person named therein is evidence and, in the dbsence of evidence to the contrary, conclusive evidence that the amount is due and owin as fees by that person; and in the case of fees due and owing for an inspection made of service rendered shall be evidence and, in the absence of evidence to the contraryp candlusite evidence that the! inspdction was made or the sefkice was rendeked;

[ii) that an oiTence against this ~ d t dame to his knowledge on the date specified therein is evidence and, in the absence of ~ ~ i d e ~ c e to the ~ Q n ~ r ~ r ~ ~ c o n c ~ ~ s i ~ e ~ ~ ~ d ~ ~ c e of that Wt;

CONSTRUCTION SAFETY ACT 197 1-1 975 ss. 79,198 37

(f) e v i d e ~ ~ ~ by an ~ n s p ~ c t o r that construction e ~ ~ ~ p ~ e n t is, in

(1) An order, di by this Act to be

same to that erson OF to his mana

on, notice or other n to any person by

(b) by sending the same in a prepaid post letter addressed to that

d mail addressed esidence in which

e for the letter is evidence the contrary, conclusive

that it was given to that person when the letter would have been delivered to him in the ordinary

(d) by affixing it to the door or other: conspicuous part of the project or the c ~ ~ s t r ~ c t ~ o n equipment to ~ h ~ c h it relates.

erson to whom an order, ~ i r e c ~ ~ o n , notice or other writing the p ~ ~ r ~ o s e s of this Act shall, if t ~ e r e u n t ~ required by an

licate copy thereof. n o w ~ ~ d g ~ receipt thereof by si

he Chief Inspector may either gene~ally on, by writing wers, functions

ed by the instrument of deleg to any person all or any of his wer of delegation.

(2) A power, function or duty SQ ~ e ~ e g a t e d ~ if exercised or by the delegate, shall be exercised or ~ ~ f o r ~ e ~ in accordance instrument of delegation.

(3) A delegation may bz made subject to such terms and l ~ ~ i t a ~ i o n s as the Chief Inspector thinks fit including a requirement t

I1 report to the Chief Inspector upon his exercise or e delegated power, function or duty.

(4) The Chief nspector may make such and SO many delegation4 sf the same power, funct'

e considers ,necessary or d to such number of persons as

the Chief Inspector and rrformance of a function

UCTIQN SAFETY ACT 1971-1975 38

SCHEDULE [s. 2

6 Geo. 5 No. 25

Title of Act

The whole

Sections 15, 16, 17, 18 and 19

- - The IBzsgection of ~ c ~ ~ o ~ ~ i n g

1915 .. .. # .

~ ~ ~ p e c t i o ~ of kachinevy and ther Acts Amendment Acl of 1930

Of 1 umber of Act.

.. - 17771-By Authority: S . R. HAMPSOW, Goveinment Printer, Qaeemland

Accident- Board of Reference may be see up to investigate immediate notice to be given concerning loss of gfe in notice of-

affecting scaffolding, etc., by whom to be given by whom to be given

time for giving of . . . .

not 00 be interfered with

. . . . . . inspector's duty on qeceipt 2 to tx given to GhieiinspecGr

. . . .

. . . . scene of- . . . . . . administration of . . . . . . . . application of . . . . . . . . . . arrangement of . . . . . . . . commencement . . . . . . . . . short title of . . . . . . . . . . to bind Grown . . . . . . . . . .

Administration of Act . . . . . . . . Annual Report of Chief Inspector . . . . . . Appeals-

Act-

against s dSrec6-h or seizure again& n of csMicate of competeniy' against nofpermit . . . . . . cons%qoenW of . . . . . . . . . .

-Arrangement of Act . . . . . . . . . .

Board of Reference- Minister may set up . . . . . . . . to investigate accidents . . . . . . who shall be members 6i . . . . . . .

liability for offence . . . . . . . . Body Corporate-

Building Construction %t&strY S%&y Council- functions of . . . . . . . . . .

Building or structtw- meaning of term ... . . . .

tXrkificate of apMintnient of inspector

Certificate of competency- . . . .

appeals against revocation of . . . . . . forgery of . . . . . . . . grant of, by Chief'inspec'tor restricti.on on holder of certificate of limited e'xperience revocation of . . . . . . . . . . . . burrender of, after revocation or suspenpion . . . . t6 be subject to conditions . . . . . . . .

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s. 50 . . 43 . . 46 . . 44 . . 49 . . 45 . . 42 . , 47 . .

7 . . 4 . . 5 I (2j' 1(1) 4 (3)

7 .. 7 (2)

31 . . 56 .. 56 .. 32 . .

12 .. 8 .. 5 ..

50 (1) 50 (2) 50 (3)

7 4 ~ ..

63 ..

6 ..

12 . .

56 . .

54 . . 5 5 . . 5 7 . . 53 . .

g ( I ) . .

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Page

20 19

20 19 20 20 19

20

6 2 3 1 1 2

6

6

15 23 23 16

7 6

3

20 20 20

31

26

3

7

23 28

2 3 23 31 22

-J> -..

40 INDEX

Chief Inspector- appeal to, against inspector's direction or seizure approval by, of method of work

may revoke certificate and permit meaning of term . . . . . . . . . . power to delegate his functions and duties to furnish to the Minister a report to grant certificate of competency PO grand permit . . . . . . . . . . . . . . to inspect report from inspector

Commencement of Act . . . . . . . . . . . . Compressed air work-

meaning of term . . . . . . . . . . . . . . Construction equipment-

. . . . . . . . . . duty of, on receipt of notice of accidend

may direct that a Safety Committee be set up' . . . . .

notice of accidents to be-given id

. . . . . . Governor in CounciI, to appoint . . . . . .

. . . . . . . .

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

. . . . . . . .

defective, inspector may direct destruction of . . . . defective, inspector may seize and dismanfte . . . . . . forfeiture of, upon conviction . . . . . . . . . . meaning of term . , . . . . . . . . . . to be of prescribed standard . . . . . . . . . .

,Construction work- dangerous, Governor in Council may prescribe.to be notifiable

inspector may direct work not toibe done . . . . . . meaning of term . . . . . . . . . . . . . .

absoluteiliability for breach of duty . . . . . . appointment of Project Safety Officer 1;; . . . . . . duties of . . . . . . . . . . . . . . . . meaning ofderm . . .. not to engage pason not xoldin&'certifidate oi compdkency . . to apply in .writing to Chief Inspector before commencing

to be responsible for offence committed by person engagqd . . to set up Safety Committee when so directed by Chief In-

work

Constructor-

notifiable work

spector

Crane chaser- meaning of term . . . . . . . . .

J2rown- to be binded by this Act . . to be not liable for inspector's acc in pukuance of this A@ . .

Destruction of defectiw,Cdnstruction eqdpment . . . . . . Direction by inspector-

appeal may be made &$ahst . . . . . . . . . . revocation of . . . . . . . . . . . . . . serviceof . . . . . . . . . . . . . . . .

service of . . . . . . . . . . . . . . . .

meaning of term . . . . . .

Documents-

Dogman-

bo hold certificate of comhtency'or permit td jearn . . Duties-

absolute liability for breach of . . . . Qf Chief Inspector and any inspector on rece'ipt of notice bf of constructor . . . . . . . . . . . . . . of employer . . . . . . . . . . . . . of Project Safety 6 k i d r . . . . . . . . . . of Safety Committee . . . . . . . . . . . . of Safety Repraentative . . . . . . . . . . Qf sub-cantradtor . . . . . . . . . . . . kif W O r J t d . . . . . . . . . . . . . . . I I . , ,

accident

q. 31 . 41 . . 49 . I

8 . . 62 . , 55 . . 6 ..

42 . , 78 . . 7

52 (2j '

1 (2)

6 ..

29 .. 28 .. 72 . . 6 ..

24 . . 37 . . 29 .. 6 I .

;$ (3) . .

22A , . 5u .. 20 ..

6 .. 51 , . 41 . . 74 (1) 62 ..

6 ..

4 (3) 19 . .

29 . . 31 .. 34

3s. 35,37.

s. 77 .. 6 . .

51 * .

22.4 . . 49 .. 20 .. 22 .. 58 (2) 62 (3) 61 .. 21 * . 83 ..

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6 25 23

3 19 33

6 22 22 9

1

3

ta 14 30

3 12

18

14 3

12 24 1 1 4

2 1 19

31 25

4

2 10

14

15 17

17, 18

32

4 21

12 20

11 1 1 24 25 25 11 d2

INDEX 41

Employer- absolute liability for breach of duty . . . . . . . . duties of . . . . . . . . . . . . . . . . meaning of term . . . . . . . . not to engage person not' holdin; a ce;$ficate of competency to apply in writing to Chief Inspector before commencing

to be responsible for offence committed by workmen engaged notifiable work

by him

Excavation work-

Explosive-powered tool-

meaning ofterm . . . . . .

meaning of term . . . . . .

Falsework-

Fees-

meaning of term . . . . . . . . . .

recovery of . . . . . . . . . .

Formwork- meaningofterm . . . .

Gear-

Governor in Council-

meaning of term . . . . . . . . . .

may appoint Chief Inspector . . . . . . may appoint inspectors . . .. may nominate area of operation bf insbector power to make regulations . . . . . .

Hoisting appliance-

Holder-

meaning of term . . . . . . . . . .

meaning of term . . . . * . . . . .

. . . .

. . . .

. . . .

. . . .

. . . .

. . 6 .

. . . .

. . . . . . . .

. . . .

. L ..

. . . .

'Industrial Conciliation and Arbitration Commission- injunction by, to secure compbance with inspectors' directions

and this Act

Industrial court- person aggrieved by decision as to prosecution df okence by

industrial magistrate may appeal to

Industrial mae i s t r a t e .. appeals t;7-

against decision of Chief Inspector on an apy)ed relating

consequences of . . .. . . . . against refusal to grant, 0;' revocation 2 , a certificate

to a direction or seizure by an inspector

of competency or permit offences may be prosecuted summarily before power to forfeit construction equipment upon conv'iitiion . power to order remedying of offence . . . . . . . .

. .

' inspection of Scaffolding Acts- repeal of . . . . . . . . . . .

4, bnspectors- appointment of, by Governor in Council . . . . . . . . . . . . hrea of operation of, msii. be nohinajeh a$' Goveinor 'in

to be subject to Public Service Act , "appointment of in particular cases

CaUIf i31

S. 22A . . 22 . . 6 . .

5 1 . . 41 . . 74 (1)

6 . .

6 ..

6 . .

75 . .

6 ..

6 . .

8 (1

64 (1 j ' 8 (11

10

6 ..

4 ..

36 . .

% . .

31 .. 32 . . 56 . . 70 . . '12 . . 7 3 . .

2, Sch.

8 . . 8 . .

11 . . 10 . .

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12 I I 4

21 1Y

3 1

4

4

84

3 1

4

6 6 7

26

4

4

17

30

15

16 23

30 30 3u

1, 33

h 6 ? 7

Inspectors-contfnued direction of..

appeal re . . . . . . . . . . . . . . revocation of . . . . . . . . . . . . service of . . . . . . . . . . to be complieh' with' . . . . . . . . . . .

duty on receipt of notice of accident existing. continued in office . . . . . . . . . . falsely pretending to be . . . . . . . . . . . . functions of . . . . . . . . . . . . . . may be given notice of accident may direct any person to refrain from performing con-

struction work that is likely to cause loss of life. etc . may direct any person to refrain from using defective con-

struction equipment may direct destruction of defective construction equipment . . peaning of term . . . . . . . . . . . . . . not to disclose information relating to construction work . .

. . . . . . . .

. . . . . . . .

obstruction of . . . . . . . . . . . . Dower to ascertain name and address . . . . . . power to make regulations re power to secure compliance with Act . . . . . . power to secure taking of precautions power to secure use of scaffolding. etc .

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

power to seize and dismantle defective equipment . . powers of . . . . . . . . . . . . qualification of . . . . . . . . . . . . seizure by-

appeals re . . . . . . . . . . . . consequences of . . . . . . . . . . to carry certificate of appaintment at alt times . . to make reoort on insoection . etc .

protection from liability . . . . . . . .

. . copy df report to-& filed

Meaning of terms- building or structure . . Chief Inspector . . . . compressed air work . . construction equipment . . construction work . . constructor . . . . crane chaser . . . . dogman . . . . . . employer . . . . . . excavation work . . . . explosive-powered tool . . falsework . . . . . . formwork . . . . . . gear . . . . . . hoisting appliance . . holder . . . . . . inspector . . . . . . Minister . . . . . . notifiable work . . . . owner . . . . . . power-driven equipment project . . . . public stand . . . . rigger . . . . . . scaffolder . . . . . . scaffolding . . . . serious bodily injury . . shoring . . . . . . site . . . . . . . . sub-contractor . . . . supporting structure . . trench . . . . workman . . . . . . working platform . .

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. . . . I . .. .. . . . . . . . . . . .. .. .. . . . . . . . . . . . . . . .. . . .. . . . . . . . . . . . . . . . . . . . . . .

Minister- may appoint inspectors in particular cases may set up Board of Reference to investigate accidents

. .

. . . .

. .

. .

. .

. . . . . . * . . . . . . . .. .. .. . . . . . . . . . . . . . . . . .. .. . . . . . . .. . . . . . . .. . . . . . .

. . meaning of term . . to be furnished with annual repoit fromChief Inspe&or . . to determine when to constitute the Building Construction

.

Industry Safety Council

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s . 31 . . 34 . . 35 . . 30 . . 4') . .

3 . . 67 . . 13 . . 43 .. 29. . . 29 . . 29 .. 6 . .

18 .. I6 . . 15 64 (1 j ;a)

ss . 25. 29 27. 29 26. 29

s . 28 . . 14 . . 19 . . 9 . .

31 . . 3 3 . . 12 . . 17 (1) 17 (2)

6 . . 6 .. 6 . . 6 . . 6 .. 6 .. 6 . . 6 . . 6 . . 6 . . 6 . . 6 . . 6 .. 6 . . 6 . . 6 . . 6 . . 6 . . 6 . . 6 . . 6 .. 6 . . 6 . . 6 . . 6 . . 6 . . 6 . . 6 . . 6 . . 6 . . 6 . . 6 . . 6 . . 6 . .

I 1 . . 50 . . 6 . . 7 (2)

63 . .

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Page

15 17 17 15 20

1 28

7 19 14

14

14 4

10 9 8

26 13. 14

13. 14 14 I

10 7

15 17 7 9

10

14

: 3 a 3 4 4 4 4 4 4 4 4 4 4 4 4 5 5 5 5 5 5 5 5 5 5 5 6 6 6 6 0 6

7 20 5 6

2 6

INDEX

Notice- given by whom . . . . . . . . . . . . . . immediate. if concerning loss of life . . . . . . . . of accidents . . . . . . . . of accidents affecting scaffolding.' etc . . . . . . . . . offence. if failure to . . . . . . . . . . . . time for giving . . . . . . . . . . . . . .

commencement of. Chief Inspector to be notified before . . commencement of. with notification . . . . . . . . meaning of term . . . . . . . . . . . . . . mode of notification of . . . . . . . . . . . .

Ngtiflable work-

Obstruction of inspector . . . . . . . . . . . . Qffences-

concealment of person to be examined failure to allow inspector to make copy of e&& from

failure to comply with inspector's directions . . failure to comply with order given . by Industrial Conciliation

and Arbitration Commtssion on application of Chief Inspector re directions of inspector

failure to comply with requisition failure to report acoident as prescribed failure to state name and address and give ebidence 'there;;

failure to surrender certificate of competency or permit . . false declarations . . . . . . . . . . . . false entries . . . . . . . . . . . . . . &he replies . . . . . . . . . . . . . . false pretending to be-

. . . . . . . .

records. etc . failure to answer questions put by inspector . . . . . .

. . . . . . . . when required by inspector

holder of certificate or Dermit inspector . . . . . . . . . . Safety Reuresentative . . . . . . . . . . Project Safeti bfficer' . . . . . . . . . .

falsely usihg dkclafations. etc . . . . . . . . . general penalty . . may be prosecuted summarily bkibre indusdriai magisirate . . &structing inspector . . . . . . . . . . . . particular penalty power of industrial magikirate bo orde; iernediing of'offence prosecution of-

time for commencement of . . . . . . to be commenced by complaint of Chief Inspector. etc ...

responsibility for offences against Act . . . . . . . . threats. etc., to inspector . . . . to give false or misleading in~or rndon in response to'a

raFgery of certificates or permiti . . . . . . . . .

requisition

OBcers- appointment of . . . . . . . . . . existing. to remain in office . . . . . . power to make regulations re . . . . . .

service of . . . . . . . . . . . .

meaning of term . . . . . . . . . .

Order-

'Owner-

bendty- general . . . . . . . . . . . . particular . . . . . . . . . . . .

forgery of . . . . . . . . . . . . grant of . . . . . . . . . . . . revocation of-

appeals against . . . . . . . . by Chief Inspector . . . . . . . . surrender of. after revocation or suspension to be held in certain occupations . . . . to be subject to condition?

Permit-

. .

. . . .

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. . . .

s . 4 4 . . . . . 43 . . . . 42 . . . . 46 . . . . 48 . . . . 45 . . . .

38 . . . . 40 . . . .

6 . . . . 39 . . . .

16 . . . .

16 (1) (f) . . 16(l)(e) . . 16 ( 1 ) (b) . . 30 . . . . 36 . . . .

16 (1) (6) . . 40 . . . . 15 . . . . 57 . . . . 67 . . . . 67 . . 16(1jib) . . 67 . . . . 67 . . . . 67 . . . . 67 . . . . 67 . . . . 67 . . . . '68 . . . . 70 .. 16 (I$ia) . . 69 . . . . 73 . . . . 71 . . . . 70 . . . . 74 . . 16(1) (d) .. 16(ij[g) . .

8 . . . . 3 . . . .

64 ( I ) (a) . .

17 . . . .

6 . . . .

68 . . . . 69 . . . .

67 . . 5 2 ( 3 j ' . .

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43

Page

19 19 19

20 20

18 18 5

18

9

9 9

9 15 17

9 20 6

24 28 28 9

28 28 28 28 28 26 29 30 9

29 30

30 30 31 9 9

6 1

26

32

5

29 29

28 22

23 23 2.4 21 22

44 INDEX

Power-driven equipment-

Proceedings-

meaning of term . . . . . . . . . .

burden of proof in . . . . . . . . time for commencement of to be heard summarily by Indus&ial Magistrate

Project- meaning of term . .

Project Safety Officer- appointment of . . . . . . . . . . powers of . . . . . . . . . . . . burden of. in certain proceehgs

meaning of term . . . . . . . . . .

falsely pretending to be . . . . . . . .

Proof-

Public stand-

. . . .

Regulations- date from which to take effect . . . . disallowance of. by Le islative Assembly . . laying of. before Legisfathe Assembly may adopt standard rules. etc., of Standards' Association of

Australia. British Standards Institution. Ztc.

publication of in Gazettd ' power to make . . . . . . . . . .

to be conclusive evidence of matters contained 'therein

. .

. .

. . . .

. .

.. . . . .

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..

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. . . .

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..

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. . . .

'subject matter of . . . . . . . . . . abstracts of Act . . . . . . . . certificates of competency . . . . . . danger from weakened buildings . . . . explosive-powered tools . . . . . . .fees . . . . . . . . . . . . forms . . . . . . matters to secure objects of Act . . . . notices . . . . . . . . . . officers . . . . . . . . . . practice on appeals . . . . . . . . safety . . . . . . . . . . scaffolding . . . . . .

matters requiidd to b;? prescribed . .

to be judicially noticed ipon publication

Repeals . . . . . . . . . . Reports by inspectors-

to be furnished to Chief Ihspector

Rigger- meaning ofterm . . . . . .

Safety Committee- appointment of . . . . . . duties of . . . . . . . .

entitlement and duties of . . falsely pretending to be . . . . one. to be elected foreach $fie . . qualifications of . . to report to Project safe& officii workmen may elect . . . .

Savings . . . . . . . . . . Scaffolder-

meaning of term . . . . . . Scaffolding-

Safety Representative-

meaning ofterm . . . . . . standardof . . . . . .

Seizur+ by inspector. appeals against . . by inspector. consequences of . .

. . . .

. . . .

. . . .

s . .

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..

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..

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.. . . . .

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..

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Page

5

32 30 30

5

24 28 24

32

5

28 28 28 28

26 28 28 26 27 26 21 27 26 25 27

-27 26 26 21 -27 26 28

1

9

5

25 25

25 28 25 25 25 25

1

5

5 12

15 17

INDEX 45

Serious bodily injury- meaning of term . . . . . .

Service of documents . . . . . . Shoring-

meaning of term . . . . . . Short title . . . . . . . . Site-

meaning of term . . . . . . Sub-contractor-

absolute liability for breach of duty duties of . . . . . . . .

. . . . . . . . s. 6 ..

. . . . . . . . 77 . .

. . . . . . . . 6 . .

. . . . . . . . I ( 1 )

. . . . . . . . 6

. . . . . . . . 22A . . . . . . . . . . 20 . . meaning of term . . . . . . . . . . . . . . 6 . . not to engage person not holding certificate of competency . . 5 1 . . to apply in writing to Chief Inspector, before commencing 41 . . to be responsible for offence committed by person engaged 74 (1)

notifiable work

by him

Supporting structure- meaning of term . . . . . . .

Trench- meaning of term . . . . . . . .

. . . . . . 6 ..

.. 6

Working platform-

Workman-

meaning of term . . . . . . . . . . . . . . 6 ..

meaning of term . . . . . . . . . . . . . . 6 .. Workmen-

duties of . . . . . . . . . may elect Safety Ripresiniative . . . . .

23 59

. . . .

. . . .

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Page

5

32

5

1

6

12 11 6

21 19

31

6

6

6

6

12 25

17771-By Authority: S. R. MAMPSON, Covernment Printer, 'Qumnsland