S.I. No. 227/1959:

BUILDING (SAFETY, HEALTH AND WELFARE) REGULATIONS, 1959.

BUILDING (SAFETY, HEALTH AND WELFARE) REGULATIONS, 1959.

ARRANGEMENT OF REGULATIONS.

Regulation.

1. Short title and commencement.

2. Definitions.

3. Application and provision for exemption.

4. Scaffolds.

5. Suspended scaffolds.

6. Working platforms, gangways and runs.

7. Ladders.

8. Falling articles and safeguards against persons falling.

9. Safeguards for persons working on roofs.

10. Lifting machines.

11. Outriggers for gin wheels, pulley blocks and hoists.

12. Lifts.

13. Wire ropes, wire-rope slings, fibre ropes and fibre-rope slings.

14. Chains, chain-parts and fittings.

15. Demolition.

16. Excavations.

17. Dangerous parts of machinery.

18. Lighting.

19. Stability of incomplete structures.

20. Provision for rescue from drowning.

21. Protection of the eyes.

22. Offensive dust or fume.

23. Poisonous substances.

24. First Aid.

25. Handling of explosives.

26. Safety officer.

27. Shelters, cloakrooms, facilities for taking meals, etc.

28. Notice of undertaking and completion of building operations.

29. Obligations.

30. Revocation.

Appendix I

Appendix II

Appendix III

Appendix IV

Appendix V

Appendix VI

Appendix VII

Appendix VIII

Appendix IX

Appendix X

Appendix XI

S.I. No. 227 of 1959.

I, JOHN LYNCH, Minister for Industry and Commerce, by virtue of section 8 of the Factories Act, 1955 (No. 10 of 1955), and in exercise of the powers conferred on me by sections 57 and 71, by virtue of the operation of section 88, of that Act and, in so far as these Regulations are made in exercise of powers conferred by the said section 71, after consultation with the Minister for Health, and after due compliance with the provisions of the Third Schedule to that Act, hereby make as special regulations the following regulations :

1.--(1) These Regulations may be cited as the Building (Safety, Health and Welfare) Regulations, 1959.

(2) These Regulations shall come into operation on the 1st day of April, 1960.

2. In these Regulations--

" building site " means any place or building where operations to which these Regulations apply are carried on ;

" chain parts and fittings " means rings, links, hooks, shackles or swivels connected to or used in connection with a chain ;

" handrail " means a rigid member of adequate strength securely supported at a height of between thirty and thirty-six inches above, and parallel to, each edge of a working platform, gangway or run for the purpose of preventing the fall of persons therefrom ;

" lift " means a lifting machine for raising or lowering persons or materials comprising a platform or cage capable of vertical movement and restricted to such movement by guides, and includes any mechanical means used for causing the vertical movement ;

" lifting machine " means an appliance constructed primarily for the purpose of hoisting or lowering, to which when force is suitably applied either by hand or by a prime mover a load can be raised or lowered, but does not include the flexible elements of the mechanism such as ropes, chains, chain parts and fittings, slings and other means used for attaching the load to the appliance or a lift;

" the Minister " means the Minister for Industry and Commerce;

" the register " means the general register required by section 122, by virtue of the operation of section 88, of the Factories Act, 1955 (No. 10 of 1955), to be kept at an office of the person undertaking building operations to which these Regulations apply ;

" scaffold " means a platform or platforms, the means of support thereof and the means of access thereto used in building operations to enable workers to reach their work and, where required, to afford facilities for the lifting and carrying of materials ;

" suspended scaffold " means a working platform which is supported by a building or other structure or by a scaffold from points above the platform ;

" toeboard " means a board or plank forming a rim not less than eight inches in height and securely attached round the sides and ends of a working platform or runway to prevent the fall of persons, materials or articles from the platform or runway ;

" trestle scaffold " means a working platform supported on trestles, frames, standards or other appliances.

3.--(1) These Regulations shall apply to--

(a) the following building operations where undertaken by way of trade or business, or for the purpose of any industrial or commercial undertaking or by or on behalf of the State or any local or other public authority, namely, the construction, structural alteration, repair or maintenance of a building (including re-pointing, re-decoration and external cleaning of the structure), the demolition of a building and the preparation for, and laying the foundation of, an intended building whether or not the building is on or adjacent to the site of work of engineering construction within the meaning of the Factories Act, 1955 (No. 10 of 1955), and

(b) machinery or plant used in those operations, but shall not apply to the work of steeplejacks in the maintenance or repair of spires, steeples, chimney stacks, cooling towers and similar structures.

(2) For the purposes of paragraph (1) of this Regulation, the following shall be deemed not to be buildings, namely, docks, harbours, wharves, quays, piers, sea defence works, lighthouses at sea, river works, canals, dams, reservoirs, aqueducts, viaducts, bridges, tunnels, sewers, pipelines, filterbeds, gas holders or pole or lattice structures designed solely for the support of electric lines.

(3) Building operations to which these Regulations apply shall, in the case of any particular class or description of plant or of any special description or method of work used in the operations, be exempt from any requirement of these Regulations relating to safety or health being a requirement in respect of which the following condition is satisfied, namely, that a certificate has been issued by the Minister and is for the time being in force certifying that the application of that requirement to that class or description of plant or that description or method of work is not necessary in the interests of safety or is not reasonably practicable.

(4) The Minister may, at his discretion, revoke a certificate issued under paragraph (3) of this Regulation.

4.--(1) Suitable and sufficient material including ladders shall be provided on the building site for the construction of scaffolds and the material shall be sound, of good quality and properly maintained and shall be examined as to its suitability for its purpose by a responsible person immediately prior to being taken into use for the construction of a scaffold.

(2) No material shall be used in the construction of a scaffold which is not of fully adequate strength and suitable for the purpose for which it is to be used. All materials for use in the construction of scaffolds shall, while awaiting use or removal be kept segregated on the building site from other and unsuitable material.

(3) Suitable and sufficient scaffolding shall be provided for all building operations that cannot safely be carried out without it and safe means of access shall be provided to every place on a scaffold to which any person has at any time to go.

(4) In the construction of a scaffold sufficient and suitable material shall be used and all practicable steps shall be taken to secure and maintain the stability of the scaffold having regard to all the circumstances of the case.

(5) All scaffolds shall be so constructed, used and maintained as to secure safety so far as is reasonably practicable and every scaffold other than a suspended scaffold shall be so supported, strutted and braced as to ensure complete stability in all the circumstances in which it may be used.

(6)A trestle scaffold shall not be used unless lashed or strutted to prevent overturning and shall not be erected on a scaffold platform to the detriment of the requirements of a passageway for persons or materials.

(7) No bracket scaffold which is supported or held by dogs or spikes driven into the wall shall be used.

(8) (a) Every employer on a building site shall appoint in writing, in the form set out in Appendix I to these Regulations, a competent person whose duty it shall be to examine all scaffolding used by persons employed by that employer on that site and who shall be responsible to see that workers do not use a scaffold which is defective in materials, construction or maintenance or which does not provide the safeguards required by these Regulations. An examination of every scaffold shall be made before it is used.

(b) Upon appointing a person under subparagraph (a) of this paragraph, an employer shall give to the person a duplicate of the document appointing him.

5.--(1) Every suspended scaffold shall be provided with handrails and toeboards or other effective means to prevent the fall of persons or articles from the platform and shall have a working platform not less than seventeen inches wide.

(2) Where a suspended scaffold is so supported that the working platform is at a fixed distance from the points of support, the platform shall not depend upon friction as a means of support.

(3) Where a suspended scaffold is so supported that the working platform is at a fixed distance from the points of support, safe means of access shall be provided.

(4) Where outriggers are used for the support of a suspended scaffold, they shall be of adequate strength and shall be rigidly fastened to the structure of the building at two points at least.

(5) The means of suspension of a suspended scaffold shall be so attached to the outriggers as to ensure that they can neither slip not become detached.

(6) No scaffold capable of being raised and lowered shall be used after erection until it had been tested in its lowest position with a dead load equal to double the maximum load it is to carry when in use.

(7) The device known as a boatswain's chair shall not be used unless provided with protective means necessary to protect the person using the device from accidental falling therefrom and injury by contact with surfaces adjacent to him.

6.--(1) Every working platform from which a person may fall a distance of five feet or more shall be provided with handrails and toeboards or other effective means to prevent the fall of persons, materials or articles from the platform.

(2) Every working platform shall be closely boarded, planked or plated unless adequate measures are taken to prevent tripping and also the risk of persons below the platform being struck by objects falling through interstices in the platform.

(3) The width of a working platform, other than a working platform provided for the purposes of paragraph (1) of Article 5 or paragraph (4) of Article 9 of these Regulations, shall not be less than--

(a) twenty-five inches, if used as a footing only and not for the deposit of materials,

(b) thirty-four inches, if used for the deposit of materials,

(c) forty-two inches, if used as the support of a higher platform,

(d) fifty-one inches, if stone is dressed or roughly shaped upon it,

(e) fifty-nine inches, if stone is dressed or roughly shaped upon it and it is used as the support for a higher platform.

(4) The distance between the supports of every board or plank forming part of a working platform or run shall be such as to provide adequate security and in any case shall not exceed--

(a) forty inches for a plank one and one-quarter inches thick,

(b) sixty inches for a plank one and one-half inches thick,

(c) one hundred inches for a plank two inches thick.

(5) All planks forming a gangway or run shall be so fixed and supported as to prevent unequal sagging and no board or plank forming part of a working platform, gangway or run shall project beyond its end support for a distance exceeding eight inches unless it is effectively secured against tipping.

(6) Boards or planks forming part of a working platform, gangway or run which exceed one inch in thickness shall not overlap each other unless the overlap is protected by effective means to prevent the danger of tripping.

(7) Stairways shall be provided throughout their length with handrails or other effective means to prevent the fall of persons except for the time and to the extent necessary for the access of persons or the movement of materials.

(8) Platforms, gangways, runs, staircases, other means of access and floors shall be kept free from obstruction or loose materials liable to cause workers to trip or be otherwise injured, and building materials required thereon shall be stacked or stored in such manner and in such quantities as not to cause obstruction or danger.

(9) Every gangway or run shall be closely boarded, planked or plated and shall be provided with handrails and toeboards or other effective means to prevent the fall of persons or articles therefrom.

(10) Every gangway or run shall be of a width adequate for the passage of materials and, in any case, shall not be less than seventeen inches wide for the passage of persons only and twenty-five inches for the passage of persons and materials.

7.--(1) Where a ladder is used to provide means of access, the ladder shall rise at least four feet above any place of landing.

(2) A ladder used as a means of access to a working platform shall have a secure footing and shall be securely fixed so that it cannot move at or from its top point of rest.

(3) A ladder over twenty-five feet in length which is not securely fixed at the top shall, while the ladder is in use, have a man stationed at the foot thereof to prevent slipping.

(4) A ladder which has a missing or defective rung, a rung depending for its support solely on nails, spikes or the like, or which has any other visible defect prejudicial to the safety of persons using it, shall be repaired forthwith or removed from the building site.

(5) Where a working platform is at a vertical distance of over thirty feet from the ground, intermediate landing places shall be provided between ladder-runs so that there is no vertical rise exceeding twenty-five feet between landing places.

8.--(1) No person shall be required to work where he is liable to be struck by falling articles or material until adequate measures have been taken to protect him from injury.

(2) Articles, material or debris shall not be thrown, tipped or shot from a height until adequate measures have been taken to protect persons employed or working from being struck by such falling material.

(3) No pole, plank, chain, rope or other like article shall be thrown to the ground from a scaffold or from a building, but shall be either carried down or properly lowered.

(4) Where there is an opening in a floor, or flat roof or where a floor, flat roof or like surface terminates at an unprotected edge from which persons, materials or articles may fall, effective means shall be provided to prevent such fall and where practicable the means shall include suitable hand-rails and toeboards.

9.--(1) Before any person is employed on work on the outside sloping surface of a roof, suitable and sufficient provision shall be made to enable the work to be carried out without danger to persons employed.

(2) Suitable and sufficient ladders, roof ladders or crawling boards shall be provided on a building site where work is to be done on the outside sloping surface of a roof.

(3) Where a person is employed on the outside sloping surface of a roof from which he may be liable to slip to the eaves and fall therefrom when he is engaged on such preparatory work as the fixing and securing of ladders or platforms or the inspection of the roof, a suitable safety belt of adequate strength and in sound condition attached to a rope of adequate strength and length shall be supplied to each worker who elects to use it and, where the wearer cannot himself make a suitable attachment of the rope, another worker shall securely attach or hold it. If attachment or holding of the rope is not practicable, other means shall be provided to secure the worker from falling.

(4) Where extensive work is to be performed on the outside sloping surface of a roof from which a person may be liable to slip to the eaves and fall therefrom, adequate measures shall be taken to prevent such fall and, where practicable, a suitable working platform not less than seventeen inches wide with handrails and toeboards shall be provided and securely supported.

(5) Where work is to be done on or adjacent to roofs covered with asbestos cement sheeting or like brittle opaque material, adequate provision shall be made of facilities to enable the work to be carried on without danger and each person to be employed thereon shall. before starting, be given an oral, individual warning of the dangerous nature of the materials covering the roof.

10.--(1) Every lifting machine shall be so constructed, installed, protected, worked and maintained as to prevent danger so far as is reasonably practicable.

(2) All parts of lifting machines shall be of good mechanical construction, sound and suitable material and adequate strength and shall be free from patent defect.

(3) Every lifting machine shall, before being taken into use, for the first time in building operations to which these Regulations apply, be tested and thoroughly examined by a competent person who has the necessary equipment available and who shall provide a certificate, in the form set out in Appendix II to these Regulations, signed by him of the test and examination and a specification of the safe working loads under the various conditions in which the machine may be used, and no lifting machine shall be used unless such certificate has been obtained and is kept in the register for inspection and, when any substantial alteration or repair has been made to the machine, it shall again be so examined and tested and a certificate provided as aforesaid.

(4) Every lifting machine shall be permanently and plainly marked with a means of identification and with the safe working load, and any structural member which may be separated when the machine is dismantled for transport shall be likewise marked with a means of identification.

(5) A lifting machine shall not be used on a building site for the first time until it has been thoroughly examined by a competent person and a report of such examination, in the form set out in Appendix III to these Regulations, signed by the person making the examination shall be kept in the register.

(6) Every lifting machine shall be inspected at least once in every period of seven days by a person trained and efficient in the maintenance of that appliance.

(7) No lifting machine shall be used to lift or lower a load greater than the safe working load.

(8) A lifting machine shall not be operated except by a person trained and efficient in the operation of that appliance save that it shall be permissible for a lifting machine to be operated by a person who, for the purpose of training, is under the direct supervision of a person so trained and efficient.

(9) No person under eighteen years of age shall be employed to operate a lifting machine.

(10) Every crane with a derricking jib shall be provided with automatic means by which the driver can plainly see the safe working load for each position of the jib, unless it is provided with an automatic device to indicate overloading by a signal or by cutting off the power.

(11) Every lifting machine driven by mechanical power shall be provided with effective means to prevent accidental movement of any of the controls liable to cause danger.

(12) No load shall be left suspended on a crane or other lifting machine unless there is a person trained and efficient in the operation of such appliance at the controls of the machine while the load is left suspended.

(13) Where the person in control of a lifting machine is unable to see the load throughout its travel, a look-out man who shall be over eighteen years of age shall be employed to give the necessary signals to the driver.

(14) Signals to the driver of a lifting machine shall be easily and plainly heard or seen and shall have the same clear meaning to the driver and signaller. Sound signals shall be of a distinctive character and shall be given by means of mechanical or electrical appliances which shall be properly maintained.

(15) No lifting machine, other than a lift with a cage constructed for the purpose in compliance with paragraphs (9) to (14) of Regulation 12 of these Regulations, shall be used for the hoisting or lowering of persons and no person employed shall use a lifting machine, other than a passenger lift, as a means of ascending or descending.

(16) When a load is being hoisted or lowered by a lifting machine, adequate steps shall be taken to prevent the accidental fall or displacement of the load or any part of it and to ensure that no person shall be endangered if the load should fall.

(17) The erection of a crane shall not be carried out except under the immediate supervision of a competent person.

(18) Where mobile lifting or excavating machines with jibs or vehicles with tipping bodies are to be used on a building site over which overhead lines of electric cables pass, if the cables are not sufficiently high to allow the machines or vehicles to pass under them without danger in all circumstances and if it is impracticable to divert the lines, adequate steps shall be taken, by erecting barriers or by suspending guard wires on each side of, parallel to and below each cable, to prevent danger to workers by reason of part of the machine or vehicle coming into contact with the cables.

11.--(1) Gin wheels and pulley blocks or hoists suspended from an outrigger shall not be used for hoisting or lowering a load unless the gin wheel, pulley block or hoist is so attached to the outrigger as to ensure that it cannot slip or become detached.

(2) Outriggers used as a support for gin wheels, pulley blocks and hoists shall be of adequate strength, and shall be secured from movement at two points at least. For light loads a suitable counterweight may be used to secure the inboard end of the outrigger if, and only if, the counterweight is rigidly fastened to it and a competent person has assured himself that the counterweight is suitable for all loads to be applied to the outrigger.

12.--(1) Every lift shall be of good mechanical construction, sound material and adequate strength and be properly maintained.

(2) The safe working load shall be plainly marked on every lift platform or cage.

(3) No load greater than the safe working load shall be carried in any lift.

(4) Every lift shall be so arranged that the cage or platform can be operated and controlled from one position only and, if the lift is used for the transport of persons, that position shall be within the cage.

(5) No lift shall be used unless the driving means is provided with an adequate and effective brake so arranged that the brake restrains the driving means except when the power, whether manual or mechanical, is applied.

(6) Every liftway shall be so enclosed as to provide effective protection to any person employed or working from falling down the liftway or from being struck by any moving part of the lift.

(7) Every lift shall be thoroughly examined by a competent person at least once in every period of six months and after every re-erection and a report of such examination in the form set out in Appendix IV to these Regulations and signed within fourteen days thereof by the person making the examination shall be kept in the register.

(8) Every lift shall be inspected at least once in every period of seven days by a person trained and efficient in the maintenance of that appliance.

(9) No lift shall be used for transporting persons unless it is provided with a cage so constructed as to protect effectively any person in the cage from contact with any part of the lift or its structure when the cage is in motion relative to that part and from being struck by articles or materials which may fall down the liftway.

(10) Every such cage shall be fitted on each side from which access is provided to a landing-place with a gate so arranged that the gate cannot be opened when the cage is not at the landing-place and that, when a gate is open at a landing place, the cage cannot be moved until the gate is closed.

(11) No lift shall be used for transporting persons unless the enclosure of the liftway is provided with a gate at each landing-place so arranged that the gate cannot be opened when the cage is not at the landing-place and that the cage cannot be moved until the gate is closed.

(12) The cage of a lift used for transporting persons shall not be used to carry any material or article which cannot be wholly contained within the cage.

(13) If the platform or cage of a lift has to support a person or persons, either when in motion or when at rest at a landing-place above the lowest point of its travel for the purpose of loading of unloading, there shall be provided means effective to support the platform or cage in the event of failure of any part of the normal means of suspension.

(14) No lift shall be used for transporting persons unless it is provided with effective means to prevent the cage overrunning the limits of travel in the liftway, whether up or down, for which it is constructed.

13.--(1) A wire rope or wire-rope sling shall not be used unless it has permanently and securely attached a metal tag marked legibly with the safe working load, the date on which the marking was made and means of identification.

(2) The original safe working load of a wire rope shall be determined by a competent person by testing to destruction a sample of the rope to ascertain the breaking load, one sixth of which shall be taken as the original safe working load of the rope and one eighth as the original safe working load of a wire-rope sling.

(3) A wire rope or wire-rope sling shall not be so used that the load imposed thereon exceeds the safe working load.

(4) The safe working load of a wire rope or a wire-rope sling shall be the original safe working load or, where a reduction of the safe working load is made under paragraph (7) of this Regulation, the safe working load as, for the time being, so reduced.

(5) A wire rope or a wire-rope sling shall not be used unless it is of sound material, adequate strength, free from patent defect and is so constructed, used and maintained as to secure safety so far as is reasonably practicable.

(6) A wire rope or wire-rope sling shall not be considered free from patent defect if, in any length of eight diameters, the total number of visible broken wires exceeds one-tenth of the total number of wires.

(7) In the course of the life of a wire rope or a wire-rope sling, suitable reduction shall be made in the safe working load for wear, broken wires and other like deficiencies.

(8) A certificate of test and examination of a sample of every wire rope on a building site, in the form set out in Appendix V to these Regulations, shall be provided and signed by a competent person who made the test and examination and shall be kept in the register.

(9) Every wire rope or wire-rope sling for hoisting or lowering a load on a building site shall be inspected, frequently while in use, by a responsible person to ensure that it is free from patent defect.

(10) A wire-rope sling shall not be taken into use until a competent person who has the necessary equipment available has proof-tested it with a proof-load equal to twice the safe working load and a report of such test in the form set out in Appendix VI to these Regulations, signed by the person making the test shall be kept in the register.

(11) Every wire rope and wire-rope sling used for hoisting or lowering a load shall be provided with properly formed eyes for end attachments, rings, shackles and the like and the eyes shall be protected on the inside by thimbles of appropriate size closely secured by splicing or other proper means so that the thimbles are tight in the eyes. If clamps are used for this purpose, not less than three shall be used and they shall be so applied as not to deform the standing part of the wire rope.

(12) A fibre rope shall not be used for hoisting or lowering a load unless it is of suitable material, adequate strength and free from patent defect.

(13) A fibre-rope sling shall be inspected, immediately before each occasion of use, by a responsible person to ensure that paragraph (12) of this Regulation is complied with.

14.--(1) A chain or chain part shall not be used for hoisting or lowering a load or for the suspension of a scaffold unless it is of good construction, sound and suitable material, adequate strength and free from patent defect.

(2) Every chain, chain part and fitting to be used for hoisting or lowering a load or the suspension of a scaffold shall, before being taken into use and also after every repair or alteration, be tested and thoroughly examined by a competent person who has the necessary equipment available and who shall provide a certificate in the form set out in Appendix VII to the Regulations signed by him of the test and examination and a specification of the safe working load, and no chain or chain part shall be so used unless such certificate has been obtained and is kept in the register for inspection.

(3) Every chain, chain part and fitting shall be marked with a means of identification and, where practicable, with the safe working load. If the safe working load is not marked on all chains, chain parts and fittings, a tabular statement in easily legible form stating the identification mark and safe working load of each chain and chain part shall be kept posted on the building site.

(4) A chain, chain part and fitting shall not be so used that the load imposed thereon exceeds the safe working load specified in the certificate provided under paragraph (2) of this Regulation in respect thereof.

(5) A thorough examination of every chain, chain part and fitting shall be made by a competent person once in every period of six months and a report of such examination in the form set out in Appendix VIII to these Regulations and signed by the person making the examination shall be kept in the register.

(6) Every chain or chain part which is made of wrought iron and is in regular use shall be annealed at least once in every twelve months and, if made of half-inch bars or smaller, at least once in every six months and a certificate in the form set out in Appendix IX to these Regulations of such annealing shall be kept in the register.

(7) A chain which has a knot tied in any part shall not be put under load.

15.--(1) Where a building or a substantial part of a building is to be demolished, the work shall not be undertaken except under the charge and supervision of a responsible person experienced in the work of demolition who shall be responsible to see that all necessary precautions are taken to secure safety.

(2) Workers employed on demolition work shall be under the immediate supervision of a responsible person experienced in the work and before the work of demolition begins all practicable steps shall be taken to ensure that there is no danger from electric cables, gas pipes, water mains, sewers or other underground watercourses.

(3) Where the demolition of a building may involve danger from the previous use or contents of the building by reason of risk of fire, explosion, noxious gases and like risks, the person undertaking the demolition shall, before the work begins, ascertain if such danger exists and take such steps as may be necessary to prevent danger.

(4) Effective steps shall be taken to suppress, so far as practicable, either by water sprays or other means, any dust generated during the process of demolition.

16.--(1) Suitable and sufficient material shall be provided at the site of every excavation for the support of every excavation before the depth exceeds four feet vertically downward unless the sides of the excavation are to be at a slope of less than forty-five degrees to the horizontal.

(2) No excavation the sides of which are at an angle of more than forty-five degrees to the horizontal shall be carried to a depth greater than four feet measured vertically downwards unless adequate measures have been taken to support the sides of the excavation so as to prevent injury to persons by the collapse of the sides of the excavation or dislodgment or fall of materials therefrom.

(3) The measures taken to support the sides of the excavation shall not in any case whatever be considered to be adequate if the interval between poling boards or equivalent supports exceeds six feet.

(4) Where an excavation is to be made in the vicinity of an existing structure, adequate precautions shall be taken to preserve the stability of the structure while the excavation is in progress and to prevent danger to any person from the collapse or fall thereof and the person immediately in charge of the excavation operations shall be responsible to see that these precautions are taken.

(5) Where an excavation is to be made to a depth greater than four feet measured vertically downwards, it shall be inspected by a responsible person experienced in excavation work before and when the depth of four feet is reached and he shall specify the precautions to be taken to support the cut surface.

(6) Reasonable and practicable precautions shall be taken to prevent the accidental fall of persons into an excavation.

17. Every dangerous part of any machinery shall be securely fenced or be in such position or of such construction to be as safe to every person employed or working as it would be if it were securely fenced.

18. Every working place and means of access thereto shall be so lighted as to secure safety to all persons employed or working so far as is reasonably practicable.

19. Where a part of a building or structure is liable to be unstable because of the absence of other parts from which it would receive support if the building or structure were complete, adequate steps shall be taken to secure the safety of all persons employed or working by providing temporary supports for any such part liable to be unstable.

20. Where, on or adjacent to a building site, there is water into which a person employed is, in the course of his employment, liable to fall with risk of drowning, suitable rescue equipment shall be provided and kept ready for use.

21. Effective means comprising goggles, eyescreens and the like shall be provided for the protection of the eyes of persons employed on, or working in the vicinity of, the following processes :

(a) dry grinding of metals or other materials by abrasive wheels,

(b) cutting, abrading, dressing or scaling of metal or other materials by hand tools or by rotary or reciprocating tools driven by mechanical power,

(c) welding or cutting of metals by electrical appliances or by acetylene or other gas.

22.--(1) Where there is given off any dust or fume of such character and to such extent as to be likely to be injurious or offensive to persons employed, all practicable measures shall be taken to protect persons employed from the dust or fume.

(2) Where there is produced any substantial quantity of dust of any kind, all practicable measures shall be taken to prevent the contamination of the atmosphere by the dust.

23. Where any persons are employed in a process in which a lead compound or other poisonous substance is used, there shall be provided for the use of the persons liable to come into contact with such compound or substance adequate and suitable facilities for washing, which shall include nail brushes, soap and towels.

24.--(1) There shall be provided and maintained on a building site so as to be readily accessible, by every employer of more than ten persons on such site a first-aid box or cupboard for the prompt first-aid treatment of injuries sustained by any person employed or working. The first-aid box or cupboard shall comply with the requirements of regulations made by the Minister in pursuance of subsection (1) of section 56 of the Factories Act, 1955 (No. 10 of 1955), for first-aid boxes or cupboards in factories, and unless arrangements can be made so that an injured worker can be removed to hospital forthwith, there shall be provided on a building site a stretcher and a suitable number of blankets.

25. Explosives shall not be handled or used on a building site except by, or under the immediate supervision of, a person skilled in their use.

26.--(1) For every building site on which more than one hundred persons are normally employed there shall be specifically appointed in writing by each employer at least one person as safety officer, who shall be qualified by experience and training for the work, to be responsible for advising the employer or employers on all matters relating to the safety of the workers on the site and, in particular, to the requirements of these Regulations.

(2) The safety officer shall also be responsible for the supervision of the observance of these Regulations and for promoting the safe conduct of the work on the building site generally.

(3) A person appointed under paragraph (1) of this Regulation may be jointly appointed by two or more employers on the same building site and may be assigned duties other than those required by this Regulation, provided always that neither the joint appointment nor his other duties prevent him from effectively discharging the duties required of him by this Regulation.

27. There shall be provided at or in the immediate vicinity of every building site for the use of persons employed thereon and conveniently accessible to them--

(a) adequate and suitable accommodation for taking shelter during interruptions of work caused by bad weather ;

(b) adequate and suitable dry accommodation for clothing not worn during working hours, other than special protective clothing used on occasion for work ;

(c) adequate and suitable accommodation for the deposit of special protective clothing used for work and kept, when not in use, at or in the immediate vicinity of the building site ;

(d) adequate and suitable facilities for taking meals, which shall include adjacent facilities for washing the hands, protection from the weather and for boiling water ;

(e) an adequate supply of wholesome drinking water at a convenient point or points and clearly marked " Drinking Water " or patently intended to be used as drinking water.

28.--(1) Subject to paragraphs (2) and (3) of this Regulation, any person undertaking building operations to which these Regulations apply shall, not later than seven days after the beginning of the operations, serve on the Minister a notice, in the form set out in Appendix X to these Regulations, stating the name and postal address of the person so undertaking the operations, the place and nature of the operations, and whether any mechanical power is being, or to be, used and, if so, the nature of the mechanical power.

(2) Paragraph (1) of this Regulation shall not apply to any operations which the person undertaking them has reasonable grounds for believing will be completed in a period of less than six weeks.

(3) Where a person undertakes building operations to which these Regulations apply in a place where such operations are in progress, he shall not be required to serve a notice under paragraph (1) of this Regulation if a notice was served in respect of the operations in progress.

(4) A person who is required by virtue of the foregoing provisions of this Regulation to serve a notice shall, as soon as may be after the completion of the building operations to which the notice relates, serve on the Minister a notice, in the form set out in Appendix XI to these Regulations, stating that the operations have been completed.

29.--(1) Every employer undertaking building operations to which these Regulations apply shall comply with such of the requirements of the Regulations as affect any workman employed by him or as relate to any work, act or operation performed or about to be performed by the employer.

(2) Every person employed in building operations to which these Regulations apply shall comply with the requirements of such of these Regulations as require the performance of an act by him, shall co-operate with the person undertaking the operations in carrying out these Regulations and and shall report to that person or to his foreman any defect he may discover in the machinery, plant, scaffolding or appliances used in connection with the operations.

(3) A person employed in building operations to which these Regulations apply shall not interfere with, take away or destroy any of the equipment or safeguards required by these Regulations without the authority of the person undertaking the operations or of his foreman.

30. The Building Regulations, 1936 ( S. R. & O. No. 33 of 1930 ), are hereby revoked.

APPENDIX I.

FORM No. B.R. 4 (8)

FACTORIES ACT, 1955 .

Form for appointment under Regulation 4 (8) of the Building (Safety, Health and Welfare) Regulations, 1959, of competent person.

I, ............................................................ ............................................................ .............., being an employer at the building site at....................................................... of which............................................................ ... is the occupier, hereby appoint............................................. to examine all scaffolding used on that building site and to be responsible for seeing that workers do not use a scaffold which is defective in materials, construction, maintenance or the provision of safeguards required by the Building (Safety, Health and Welfare) Regulation, 1959.

Signature of employer.............................................

Date.......................................

APPENDIX II.

FORM B. R. 10 (3)

FACTORIES ACT, 1955 .

Form of certificate under Regulation 10 (3) of the Building (Safety, Health and Welfare) Regulations, 1959, of test and examination and specification of safe working load of lifting machines.

Type of lifting machine............................................................ .................................................

(crane, winch, pulley block,etc.)............................................................ ..................................

Name and address of owner............................................................ .........................................

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

Name of maker (if known)............................................................ ............................................

Means of identification............................................................ ...............................................

Results of examination, and steps taken to remedy any defects

General description of method of test.

Test load applied............................................................ ........................................................

Safe working load............................................................ .......................................................

I hereby certify that I have tested and thoroughly examined the lifting machine which is described above and identified in the manner specified and that it is in a condition to be used with safety for the safe working loads specified.

Signature of person making

examination and test ....................................

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

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

If employed, name of employer....................................

Date..................................

APPENDIX III.

FORM B. R. 10 (5)

FACTORIES ACT, 1955 .

Form of report under Regulation 10 (5) of the Building (Safety, Health and Welfare) Regulations, 1959, of examination of lifting machine.

Type of lifting machine............................................................ .........................

(crane, winch, pulley block, etc.)............................................................ .........

Name and address of owner :............................................................ ..............

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

Name of maker (if known) : ............................................................ .................

Means of identification :............................................................ .....................

Results of examination, and steps taken to remedy any defects.

Signature of person making

examination     ...........................................

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

If employed, name of employer........................................

Date..............................

APPENDIX IV.

FORM No. B. R. 12 (7)

FACTORIES ACT, 1955 .

Form of report (under Regulation 12 (7) of the Building (Safety, Health and Welfare) Regulations, 1959, of examination of lift.

I hereby declare that I have made a thorough examination at the building site

at............................................................ .................................. of which..............................is the occupier, of the lift marked..............................erected there in the month of..............................and I certify that the lift is of good mechanical construction, sound material, and adequate strength and properly maintained, that the safe working load is plainly marked on the lift platform(s) or cage and that all parts are in good working order.

Signature of person making examination.............................................

Date..............................

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

If employed, name of employer............................................................ ....

I further certify that the lift can be operated and controlled from one position only and is provided with an adequate and effective brake so arranged that the brake restrains the driving means except when the power is applied and that it is also provided with means effective to support the cage or platform(s) at a landing place in the event of failure of any part of the normal means of suspension.

Signature of person making examination.............................................

Date..............................

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

If employed, name of employer............................................................ ......

I further certify that the liftway is so enclosed as to provide effective protection to any person employed or working on the premises from falling down the liftway or from being struck by any moving part of the lift.

Signature of person making examination.............................................

Date..............................

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

If employed, name of employer............................................................ ........

Further certification for Passenger Lifts.

I certify that the lift marked....................................is equipped for the transport of persons by having a cage so constructed as to protect effectively any person in the cage from contact with any part of the lift or its structure when the cage is in motion relative to that part and from being struck by articles or material which may fall down the liftway.

Signature ............................................................ ...........................

Date..............................

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

If employed, name of employer..................................................

I further certify that the cage is fitted on each side from which access is provided to a landing place with a gate so arranged that the gate cannot be opened when the cage is not at the landing place and that when a gate is open at the landing place the cage cannot be moved until the gate is closed.

Signature ............................................................ ....................................

Date..............................

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

If employed, name of employer...........................................................

I further certify that the enclosure of the liftway is provided with a gate at each landing place so arranged that the gate cannot be opened when the cage is not at the landing place and the cage cannot be moved until the gate is closed.

Signature ............................................................ ...........................

Date..............................

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

If employed, name of employer...................................................

I further certify that means are provided to prevent the cage overrunning the limits of travel in the liftway, whether up or down, for which it is constructed and that means are provided effective to support the cage whether when in motion or when at rest at a landing place in the event of failure of any part of the normal means of suspension.

Signature ............................................................ ............................

Date..............................

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

If employed, name of employer...................................................

APPENDIX V.

FORM No. B.R. 13 (8)

FACTORIES ACT, 1955 ,

Form of certificate of test and examination under Regulation 13 (8) of the Building (Safety, Health and Welfare) Regulations 1959, of wire-rope sample.

Name of maker or supplier............................................................ .......................

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

Particulars of rope sample :

Circumference..............................inches. Lay....................................................

Number of strands........................ Number of wires in a strand.....................

Gauge of wire..................S.W.G. Description of wire material.......................

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

Length of sample tested............................................................ ........................

Breaking load............................................................ ..........................................

Qualifying conditions.

I hereby certify that I have tested a sample of the rope described above and that the particulars and breaking load are correct.

Signature of person making

examination       .........................................

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

If employed, name of employer........................................

Date.......................................

APPENDIX VI.

FORM B.R. 13 (10)

FACTORIES ACT, 1955 .

Report of test of wire rope sling under Regulation 13 (10) of the Building (Safety, Health and Welfare) Regulations, 1959.

Name and address of owner of

items tested :   ............................................................ .....

Date of test............................................................ ..............................

I hereby certify that I have tested each of the items as set out in the above table and have examined each item after the application of an appropriate proof-load. I certify that each item listed is free from defect and will carry without danger the working load specified for it in the table.

Signature of person making

test and examination  .............................................

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

If employed, name of employer.................................

Date...............................

APPENDIX VII

FORM No. B.R. 14 (2)

FACTORIES ACT, 1955 .

Form of certificate of test and examination under Regulation 14 (2) of the Building (Safety, Health and Welfare) Regulations, 1959, of chains, chain parts and fittings.

Name and address of owner of

items tested :             ............................................................ ..................................

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

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

Date of test..................................

I hereby certify that I have tested each of the items as set out in the table above and have examined each item after the application of an appropriate proof-load. I certify that each item listed is free from defect and will carry without danger the working load specified for it in the table.

Signature of person making

test and examination   .......................................

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

(f employed, name of employer).................................

Date.........................................

APPENDIX VIII.

FORM B.R. 14 (5)

FACTORIES ACT, 1955 .

Report of examination under Regulation 14 (5) of the Building (Safety, Health and Welfare) Regulations, 1959, of chains, chain parts and fittings.

Name and address of owner of items examined............................................................ ...............................................

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

Date of examination.................................

Signature of person making examination............................................................ .........................................................

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

If employed, name of employer............................................................ ............................................................ .............

Date................................

APPENDIX IX.

FORM No. B.R. 14 (6)

FACTORIES ACT, 1955 .

Form of certificate under Regulation 14 (6) of the Building (Safety, Health and Welfare) Regulations, 1959, of annealing of chains and chain parts.

Name and address of owner of items annealed............................................................ ................................................

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

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

I hereby certify that each of the items as set out in the table above have received the heat treatment appropriate for annealing under my supervision and that each item is now fit for use.

Signature and address of person supervising annealing............................................................ ..............................

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

Date.............................................

APPENDIX X.

FORM No. B. R. 28 (1)

FACTORIES ACT, 1955 .

Form of notice to be served on the Minister for Industry and Commerce in accordance with Regulation 28 (1) of the Building (Safety, Health and Welfare) Regulations, 1959.

Name of person or title of the

firm undertaking the building

operations :      ............................................................ ............................................................ ..........

Postal address : ............................................................ ............................................................ ........................................

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

Registered office (if any) : ............................................................ ............................................................ ......................

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

Place of operations :   ............................................................ ............................................................ ......................

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

Nature of operations :  ............................................................ ............................................................ .....................

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

Nature of mechanical power

(if any) used :    ............................................................ ............................................................ .................

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

Signed.............................................

Date.................................

APPENDIX XI.

FORM B.R. 28 (4)

FACTORIES ACT, 1955 .

Form (of notice to be served on the Minister for Industry and Commerce in accordance with Regulation 28 (4) of the Building (Safety, Health and Welfare) Regulations, 1959.

Name of person or title of the firm

undertaking the building operations: ............................................................ ...................................................

Postal address : ............................................................ ............................................................ ........................................

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

Registered office (if any) : ............................................................ ............................................................ ......................

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

Place of operations : ............................................................ ............................................................ ................................

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

Date of completion of operations : ............................................................ ............................................................ .......

Signed.............................................

Date.................................

GIVEN under my Official Seal, this 28th day of December, 1959.

(Signed) JOHN LYNCH,

Minister for Industry and Commerce.

EXPLANATORY NOTE.

The purpose of these Regulations is to prescribe measures which must be taken to ensure the safety, health and welfare of persons employed in the building industry.