Act Repealed Latest version as at 19 October 1951 (as enacted) | 1951 No 12

Scaffolding and Excavation Amendment

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Contents

Short Title.

Meaning of “construction work” and “excavation”.

Amending provisions as to giving of notice before excavation work begins.

Regulations as to safety, health, and welfare of persons employed in building work, construction work, or excavation work.

Offences and penalties.

Scaffolding and Excavation Amendment

Public Act		1951 No 12
Date of assent		19 October 1951

	Title
1	Short Title.
2	Meaning of “construction work” and “excavation”.
3	Amending provisions as to giving of notice before excavation work begins.
4	Regulations as to safety, health, and welfare of persons employed in building work, construction work, or excavation work.
5	Offences and penalties.

An Act to amend the Scaffolding and Excavation Act 1922.

BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—

1 Short Title.

This Act may be cited as the Scaffolding and Excavation Amendment Act 1951, and shall be read together with and deemed part of the Scaffolding and Excavation Act 1922 (hereinafter referred to as the principal Act).

2 Meaning of “construction work” and “excavation”.

(1)

Section two of the principal Act is hereby amended by inserting, after the definition of the expression “building work”, the following definition:—

“‘Construction work’ means any work in connection with the construction, repair, or maintenance of roads, streets, footpaths, access lanes, rights of way, motorways, railways, cableways, tramways, aerodromes, harbours, wharves, graving docks, canals, drainage works, river works, electricity or telephone or telegraph reticulation, reservoirs, pipelines, aqueducts, tunnels, and reclamations:’

(2)

Section two of the principal Act is hereby further amended by repealing the definition of the term “excavation”, and substituting the following definition:—

“‘Excavation’ means any work in connection with the sinking or digging of any shaft or well, or any work in connection with preparing or excavating foundations for buildings or for sewerage, gas, water, or electric supply:”.

Repeal. 1948, No. 4.

(3)

Section three of the Scaffolding and Excavation Amendment Act 1948 is hereby consequentially amended by repealing paragraph (c).

3 Amending provisions as to giving of notice before excavation work begins.

(1)

Subsection one of section five of the principal Act is hereby amended by repealing paragraph (c), and substituting the following paragraph:—

“(c)

Make any excavation within a distance of five feet from any building that is more than twelve feet in height or make any other excavation that is five feet or more in depth,—”.

Repeal.

(2)

Section four of the Scaffolding and Excavation Amendment Act 1924 is hereby consequentially amended by repealing paragraph (b).

4 Regulations as to safety, health, and welfare of persons employed in building work, construction work, or excavation work.

(1)

Section seventeen of the principal Act is hereby amended by inserting, after paragraph (d), the following paragraph:—

“(dd)

Prescribing the safeguards to be provided and measures to be taken to secure the safety, health, and welfare of persons employed in building work, construction work, or excavaion work:”.

(2)

Section seventeen of the principal Act is hereby further amended by adding the following subsection as subsection two thereof:—

“(2)

Without limiting the general power to make regulations conferred by paragraphs (dd) and (f) of subsection one of this section, it is hereby declared that regulations may be made under this section in relation to all or any of the following matters:—

“(a)

Precautions where workers are employed under loads:

“(b)

The limitation of loads to be carried:

“(c)

Safe means of access and safe places of employment:

“(d)

The construction and maintenance of floors, steps, stairs, passages, gangways, and ladders:

“(e)

Means of escape in case of fire:

“(f)

Washing facilities:

“(g)

Preventing overcrowding:

“(h)

Ventilation and the removal of steam, fumes, and dust:

“(i)

Lighting:

“(j)

Heating appliances:

“(k)

Sanitary conveniences:

“(l)

Drainage:

“(m)

The supply of drinking water:

“(n)

Accommodation for meals:

“(o)

Accommodation for clothing:

“(p)

First aid facilities:

“(q)

The protection of the eyes of workers where processes involve a special risk of injury to the eyes.”

(3)

Section eight of the principal Act is hereby amended by inserting in paragraph (a) of subsection one, after the words “being erected”, the words “or with regard to any building work or construction work”.

5 Offences and penalties.

(1)

The principal Act is hereby amended by repealing section ten, and substituting the following section:—

“10

“(1)

Every person commits an offence against this Act who without lawful excuse acts in contravention of or fails to comply with any provision of this Act.

“(2)

Every person who commits an offence against this Act for which no penalty is elsewhere provided shall be liable to a fine not exceeding fifty pounds and, if the offence is a continuing one, to a further fine not exceeding five pounds for every day after the first on which the offence is continued.’’

(2)

Section four of the principal Act is hereby amended by omitting from subsection two the words “shall be liable to a fine not exceeding twenty pounds”, and substituting the words “commit an offence against this Act”.

(3)

Section five of the principal Act is hereby amended by omitting the words “is liable to a fine not exceeding twenty pounds”, and substituting the words “commits an offence against this Act”.

(4)

Section eight of the principal Act is hereby amended by omitting from subsection seven the words “and is liable on conviction to a fine not exceeding twenty pounds”.

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