Summary / Citation: Fencing of machinery; fencing of new machinery.
(1) "Every flywheel and every moving part of any prime mover, every part of transmission machinery and every dangerous part of other machinery (whether or not driven by mechanical power) shall be securely fenced unless it is in such a position or of such construction as to be as safe to every person employed or working on the site of the operations or works as it would be if it were securely fenced.
(2) Without prejudice to the provisions of paragraph (1), every prime mover and other machine intended to be driven by mechanical power (being a prime mover or machine used in operations or works to which these Regulations apply) shall, unless constructed before the 1st day of October, 1968, be so constructed that the following parts of such prime mover or machine are securely fenced or are in such a position or of such construction as to be as safe as they would be if they were securely fenced that is to say, all revolving shafts, flywheels, couplings, toothed gearing, friction gearing, belt and pulley drives, chain and sprocket drives and all projecting screws, bolts or keys on any revolving shaft, wheel or pinion:
Provided that where a prime mover provides energy for another machine the foregoing requirements of this regulation shall not apply to parts which transmit
energy from the prime mover to that other machine unless the prime mover and that machine are constructed as a unit.
(3) No person shall sell or let or hire, or as agent of the seller or hirer cause or procure to be sold or let or hired, for use on any building operation or work of engineering construction any prime mover or machine which does not comply with the requirements of paragraph (2)."
(Art. 90 Building Operations and Works of Engineering Construction)
PART III: Lifting Appliances
Construction, maintenance and inspection.
(1) "Every lifting appliance and every part thereof including all working gear and all other plant or equipment used for anchoring or fixing such appliances shall –
(a) be of good mechanical construction, sound material, adequate strength and free from patent defect;
(b) be properly maintained;
(c) as far as the construction permits be inspected at least once in every week by the driver, if competent for the purpose or some other competent person.
(2) A report of the results of every such inspection signed by the person carrying out the inspection, shall be made forthwith in the form set out as Form No. 2 in the First Schedule and containing the particulars therein specified."
(Art. 34 Building Operations and Works of Engineering Construction)
Support, anchoring, fixing and erecting.
(1) "Every lifting appliance shall be adequately and securely supported.
(2) Every part of a stage, scaffold, framework or other structure, and every mast, beam, pole or other article of plant or equipment, supporting a lifting appliance or any part thereof shall (having regard to the nature of the lifting appliance, its lifting and reaching capacity and the circumstances of its use) be of good construction and adequate strength and shall be of sound material and free from patent defect.
(3) Every part of the framework of every crab or winch, including its bearers, shall be of metal.
(4) Any anchoring or fixing arrangements provided in connection with a lifting appliance shall be adequate and secure.
(5) In the case of a crane which is on occasion dismantled or partially dismantled, any jib or boom which is separated from the crane in dismantling shall be clearly marked so as to indicate the crane of which it was a part.
(6) Every temporary attachment or connection of a rope, chain or other plant or equipment, used in the erection or dismantling of any lifting appliance shall be adequate and secure."
(Art. 35 Building Operations and Works of Engineering Construction)
Precautions where lifting appliance has travelling or slewing motion.
(1) "On every stage, gantry or other place where a lifting appliance having a travelling or slewing motion is in use, an unobstructed passageway not less than 2 feet wide shall be maintained between any part of the appliance liable so to move and any guard-rails, fencing or other nearby fixture:
Provided that if at any time it is impracticable to maintain such a passageway at any place or point all reasonable steps shall be taken to prevent the access of any person to such place or point, at such time.
(2) Every such lifting appliance shall be provided with effective means of warning persons liable to be struck by the appliance or any load carried thereon."
(Art. 36 Building Operations and Works of Engineering Construction)
Platforms for crane drivers and signallers.
(1) "Where a platform is provided for the person or persons operating a crane, or for any signaller, it shall be –
(a) of sufficient area for the persons employed thereon;
(b) close planked or plated; and
(c) provided with safe means of access, and every side of every such platform, being a side thereof from which a person is liable to fall a distance of more than 6 feet 6 inches shall be provided with a suitable guard-rail or guard-rails of adequate strength to a height of at least 3 feet 6 inches above the platform and above any raised standing place on the platform, and with toe-boards up to a sufficient height being in no case less than 6 inches and so placed as to prevent as far as possible the fall of persons, materials and tools from such platform.
(2) The space between any toe-board and the lowest guard-rail above it on any platform for the person or persons driving or operating a crane, or for any signaller, shall not exceed 30 inches.
(3) Guard-rails and toe-boards required by this regulation may be removed or remain unerected only for the time and to the extent necessary for the access of persons or the movement of materials."
(Art. 37 Building Operations and Works of Engineering Construction)
Cabins for drivers.
(1) "Subject to paragraph (2) of this regulation, the driver of every power-driven lifting appliance shall be provided with a suitable cabin which shall–
(a) afford him adequate protection from the weather; and
(b) be so constructed as to afford ready access to such parts of the lifting appliance as are within the cabin and need periodic inspection of maintenance, so, however, that no cabin shall be provided which prevents the driver from having such clear and unrestricted view as is necessary for the safe use of the appliance.
(2) Paragraph (1) shall not apply –
(a) in cases where the driver is indoors or otherwise adequately protected from the weather; or
(b) to a hoist other than a hoist operated only from one position alongside the winch; or
(c) to lifting appliances mounted on wheels and having a maximum safe working load of one ton or less; or
(d) to any machine incorporating a lifting appliance where the primary purpose of that machine is not that of a lifting appliance; or
(e) to lifting appliances for occasional use or for use for only short periods."
(Art. 38 Building Operations and Works of Engineering Construction)
Drums and pulleys.
"Every drum or pulley around which the chain or wire rope n~ of any lifting appliance is carried shall be of suitable diameter and pa~ construction for the chain or rope used. Every chain or rope which terminates at the winding drum of a lifting appliance shall be properly secured thereto and at least two turns of such chain or rope shall -remain on the drum in every operating position of the appliance."
(Art. 39 Building Operations and Works of Engineering Construction)
Brakes control, safety devices, etc.
(1) "Every crane, crab and winch shall be provided with an efficient brake or brakes or other safety device which will prevent the fall of the load when suspended, and by which the load can be effectively controlled whilst being lowered.
(2) Every crane, so far as reasonably practicable, shall be provided with a suitable automatic device which will ensure that the point of attachment for the load comes to rest at a point below the highest point to which the point of attachment can travel.
(3) On every lifting appliance every lever, handle, switch or other device provided for controlling the operation of any part of the appliance being a lever, handle, switch or other device whose accidental movement or displacement is liable to cause danger, shall where practicable (unless it is so placed or the appliance is so constructed as to prevent accidental movement or displacement), be provided with a suitable spring or other locking arrangement to prevent the accidental movement or displacement:
Provided that in the case of a lifting appliance which at the 1st day of October, 1968 is used and so long thereafter as it is continued to be used, it shall be sufficient if the requirements of paragraphs (2) and (3) are complied with within two years from the aforesaid date.
(4) Every lever, handle, switch or other device provided for controlling the operation of any part of a lifting appliance shall have upon or adjacent to it clear markings to indicate its purpose and mode of operation:
Provided that this paragraph shall not apply to rotating handles for raising or lowering the load in the case of a winch or non-derricking jib cranes not operated by mechanical power."
(Art. 40 Building Operations and Works of Engineering Construction)
Poles or beams supporting pulley blocks or gin wheels.
"No pulley block or gin wheel suspended from or supported by a pole or beam shall be used for raising or lowering materials unless it is effectively secured to the pole or beam and the pole or beam –
(a) is of adequate strength for the purpose for which it is being used; and
(b) is adequately and properly secured so as to support the pulley block or gin wheel and the load with safety and so as to prevent undue movement of the pole or beam."
(Art. 42 Building Operations and Works of Engineering Construction)
Stability of lifting appliance.
(1) "Appropriate precautions shall be taken to ensure the stability of lifting appliances used on a soft or uneven surface or on a slope.
(2) No crane shall be used for raising or lowering unless, so as to ensure stability, it is either –
(a) securely anchored; or
(b) adequately weighted by suitable ballast which shall be properly placed on the crane structure and sufficiently secured to prevent its being accidentally displaced.
No part of any rails on which a crane is mounted or the sleepers supporting such rails shall be used as anchorage for this purpose.
(3) The whole of the appliances for the anchorage or ballasting of a crane shall be examined by a competent person on each occasion before the crane is erected.
(4) After each erection of a crane on a site of operations or works to which these Regulations apply and after each removal of a crane about or to such a site, or any adjustment to any member of a crane, being a removal or adjustment which involves changes in the arrangements for anchoring or ballasting the crane, the security of the anchorage or the adequacy of the ballasting, as the case may be, shall, before the crane is taken into use, be tested by a competent person, by the imposition either –
(a) of a load of twenty-five per cent above the maximum load to be lifted by the crane as erected at the positions where there is the maximum pull on each anchorage; or
(b) of a less load arranged to provide an equivalent test of the anchorage or ballasting arrangements.
A report of every such test and the results thereof: signed by the person carrying out the test, shall be made forthwith in the form set out as Form No. 3 in the First Schedule and containing the particulars Form No. 3, specified therein.
(5) Where the stability of a crane is secured by means of removable weights a diagram or notice indicating the position and amount of such weights shall be affixed on the crane where it can be readily seen.
(6) No crane shall be used or erected under weather conditions likely to endanger its stability. After exposure to weather conditions likely to have affected the stability of a crane, the anchorage arrangements and ballast shall be examined by a competent person as soon as practicable and before the crane is used, and such steps as may be necessary shall be taken to ensure the stability of the crane."
(Art. 43 Building Operations and Works of Engineering Construction)
Rail mounted cranes.
(1) "All rails on which a crane moves shall -
(a) be supported on a surface sufficiently firm to prevent undue movement of the rails;
(b) have an even running surface, be sufficiently supported and of adequate section;
(c) be jointed by fish plates or double chairs;
(d) be securely fastened to sleepers or bearers;
(e) be laid in straight lines or in curves of such radii that the crane can be moved freely and without danger of derailment; and
(f) be provided with adequate stops of buffers on each rail at each end of the track.
All rails and equipment referred to in this paragraph shall be properly maintained:
Provided that sub-paragraphs (c) and (d) shall not apply in the case of cranes on bridge rails or in the case of any crane if other adequate steps are taken to ensure the proper junction of the rails and to prevent any material variation in their gauge.
(2) In the case of every crane mounted on rails either –
(a) the crane shall be provided with effective brakes for the travelling motion; or
(b) sprags, scotches or chocks shall be available and used when necessary.
(3) Every travelling crane on rails shall be provided with guards to remove from the rails any loose materials likely to cause danger.
(4) Where a Scotch derrick crane is mounted on more than one bogie, trolley or wheeled carriage, the crane sleepers or land ties, and if necessary the bogies, trolleys or wheeled carriages shall be rigidly braced and properly connected together, and the rails on which each bogie, trolley or wheeled carriage moves shall be level. The crane shall be moved on the track only in a manner not liable to cause instability, rocking or distortion either of the crane structure or of the supporting framework or track."
(Art. 44 Building Operations and Works of Engineering Construction)
Cranes with derricking jobs.
"On every crane having a derricking jib operated through a clutch there shall be provided and properly maintained an effective interlocking arrangement between the derricking clutch and the pawl sustaining the derricking drum which shall ensure that the clutch cannot be disengaged unless the pawl is in effective engagement with the derricking drum and the pawl cannot be disengaged unless the clutch is in effective engagement with the derricking drum:
Provided that this regulation shall not apply to any crane in which –
(a) the hoisting drum and the derricking drum are independently driven; or
(b) the mechanism driving the derricking drum is self-locking."
(Art. 45 Building Operations and Works of Engineering Construction)
PART IV: Chains, Ropes and Lifting Gear
PART V: Special Provisions as to Hoists
PART VII: Excavations, Shafts and Tunnels
"In this Act-
“machinery” includes;
(a) stationary or portable boilers in a fact-,
(b) steam or other engines in a factory;
(c) all apparatus or appliances for generating, developing, receiving or transforming, or for measuring or testing the volume, voltage, pressure or frequency of, or for distributing or applying, any mechanical, electric or natural power to any industrial or manufacturing process in a factory;
(d) furnaces and fuel or storage tanks situated within, opening into or attached to the structure of, or directly connected with, any factory;
(e) locomotives when operated within the curtilage of any factory; and
(f) vats, tanks, cooling or drying device used for the storage of, or otherwise in connection with, the product of any mechanical proms, and situated within or attached to the premises within which such process is carried on.
(2) Any premises which would be a factory by virtue of the fact that mechanical power is used therein but which would not otherwise be a factory and in which the mechanical power used consists only of electric motors with the total consumption of electric current not exceeding two amperes with an electro-motive force not exceeding one hundred and ten volts and with a total power not exceding one-quarter of one horsepower, shall not be deemed, for the purposes of this Act, to be a factory.
(3) A part of a factory may, with the approval in writing of the Chief Factory Inspector, be taken to be a separate factory and two or. more factories may, with approval, be taken to be a single factory.
(...)"
(Factories Act)
Detailed provisions are laid down in the Factories Regulations (Part II).
• Factories (Amendment) Act, 2009 (No. 8 of 2009). (Art. 2.1)
• Building Operations and Works of Engineering Construction (Safety, Health and Welfare) Regulations 1968 (L.N. 214/68). (Arts. 38 - 44, 90)
• The Building Operations and Works of Engineering Construction (Safety, Health and Welfare) Regulations.
• Factories Regulations (L.N. 176/61). (Part II)
