The Short Title of this Act is “The Scaffolding Inspection Act, 1908.”

This Act is a consolidation of the enactments mentioned in the Schedule hereto, and with respect to those enactments the following provisions shall apply:—

Savings.

In this Act, if not inconsistent with the context,—

The Governor may from time to time appoint Inspectors to carry out the provisions of this Act and define the district within which each Inspector shall exercise his functions:

Provided that no person shall be appointed an Inspector unless he has had at least four years’ experience in the erection of scaffolding.

No person shall set up or erect any scaffolding exceeding sixteen feet in height from the ground, or from the structural base upon which it is erected, in any district wherein an Inspector has been appointed without having first notified such Inspector of his intention so to do.

Such notification shall be in writing, and shall be delivered at the office of the Inspector at least twenty-four hours before the time fixed for the setting-up or erection of the scaffolding, and such notice shall be deemed to cover all scaffolding erected on or about the building or buildings for which such notice has been given:

Provided that no notice shall be required to be given for the erection of any scaffolding on any ship or boat.

Every person who commences to set up or erect any such scaffolding without having first given such notification, or until such period of twenty-four hours has elapsed, is liable to a fine not exceeding twenty pounds.

In any case of emergency arising from damage caused by lightning, explosion, fire, rain, or storm it shall not be necessary to allow any period to elapse after giving the notice required by this section.

The Governor may from time to time, by Order in Council gazetted, make regulations relating to scaffolding and gear used in connection therewith.

All scaffolding, and all gear used in connection therewith, shall comply with the requirements of such regulations, and shall be set up, erected, maintained, and used in accordance therewith.

Whenever it appears to an Inspector—

he may give such directions in writing to the owner or person in charge of the scaffolding or gear as he deems necessary to prevent accidents, or to insure a compliance with the regulations, and such owner or person shall forthwith carry out such directions.

Whenever any Inspector gives any directions as aforesaid, he may also, at the same time or subsequently, order any persons forthwith to cease to use or work in connection with any scaffolding or gear until such directions have been complied with.

There shall be an appeal to the Minister against the directions of any Inspector under this section, and notice in writing of such appeal shall be lodged at the office of the Inspector within twenty-four hours from the receipt of such directions.

The Minister may hear such appeal, or appoint some person to do so, and such Minister or person appointed by him shall make such order as may be deemed right and proper, and such order when made shall be final.

Every person is liable to a fine not exceeding twenty pounds who —

When any building is in the course of erection, repair, or structural alteration, it shall not be lawful for any person having the control or management of such operations to permit to be used in connection therewith—

When any building is in the course of erection, repair, or structural alteration, it shall be the duty of the person having the control or management of such operations to make provision, to the satisfaction of the Inspector, for the protection of workmen and others within such building or in the vicinity thereof by boarding over the joists of such building, and keeping them so boarded over so long as any risk of accident would be incurred by the removal of such protection.

Every person who commits a breach of any of the provisions of this section is liable to a fine not exceeding twenty pounds.

Every person who interferes with or obstructs any Inspector in the execution of any power or duty conferred or imposed on him by this Act is liable to a fine not exceeding five pounds.

In every case where there occurs in connection with the erection, repair, or structural alteration of any building any accident causing death or serious bodily injury to any person, the person having the control or management of such operations shall forthwith serve upon the Inspector of the district within which such accident has occurred written notice specifying the nature of the accident, the name and residence of the person killed or injured, and the place (if any) to which such person has been removed.

If the said notice is not duly served within forty-eight hours after the occurrence of such accident, the person whose duty it was to serve such notice shall be liable to a fine not exceeding ten pounds.

As soon as practicable after receiving such notice the Inspector shall proceed to the place where the accident occurred, and shall make full inquiry into the cause and nature of the accident, and the nature and extent of the injuries, and shall report the result of such inquiry to the Minister.

For the purposes of this section the expression “serious bodily injury” means an injury which is likely to incapacitate the sufferer from work for at least forty-eight hours.

Proceedings may be taken for a breach of this Act, and the case heard and determined in a summary way by any Court of competent jurisdiction, and all fines inflicted shall be paid into and form part of the Consolidated Fund.

The salaries or remuneration of Inspectors, and all other expenses of carrying out the provisions of this Act by the Minister, shall be paid out of moneys from time to time, appropriated by Parliament for that purpose.