Under the Workplace Safety and Health (General Provisions) Regulations, PART III GENERAL PROVISIONS RELATING TO SAFETY
Lifting gears
20.—(1) No lifting gear of whatever material shall be used in a workplace unless an authorised examiner has —
(a)tested and examined the lifting gear; and
(b)issued and signed a certificate of test and examination, specifying the safe working load of the lifting gear.
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(2) The certificate of test and examination referred to in paragraph (1)(b) shall be kept available for inspection.
(3) Every lifting gear used in a workplace shall be thoroughly examined by an authorised examiner at least once every year or at such other intervals as the Commissioner may determine.
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(4) Subject to paragraph (5), every lifting gear shall be annealed at the following intervals:
(a)if in regular use —
(i)in the case of chains used in connection with molten metal or molten slag, at least once every 6 months; or
(ii)in any other case, at least once every year; or
(b)if not in regular use, only when necessary.
(5) Paragraph (4) shall not apply to the following classes of lifting gear:
(a)chains made of malleable cast iron;
(b)plate link chains;
(c)chains, rings, hooks, shackles and swivels made of steel or of any non-ferrous metal;
(d)pitched chains working on sprocket or pocketed wheels;
(e)rings, hooks, shackles and swivels permanently attached to pitched chains, pulley blocks or weighing machines;
(f)hooks and swivels having screw-threaded parts or ball-bearings or other case-hardened parts;
(g)socket shackles secured to wire ropes by white metal capping;
(h)bordeaux connections;
(i)rope or rope sling; and
(j)any chain or lifting tackle which has been subjected to the heat treatment known as “normalising” instead of annealing.
(6) No lifting gear shall be loaded beyond its safe working load except by an authorised examiner or an inspector for the purpose of testing such lifting gear.
(7) It shall be the duty of the occupier of a workplace in which a lifting gear is used to comply with paragraphs (1) to (4) and (6).
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(8) Paragraphs (1) and (3) do not apply to any lifting gear which consists of natural fibre ropes or natural fibre slings.
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(9) It shall be the duty of an authorised examiner to —
(a)issue and sign a certificate, in a form determined by the Commissioner, of the result of the examination referred to in paragraph (3);
(b)provide the certificate referred to in sub-paragraph (a) to the occupier of the workplace;
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(c)inform the Commissioner —
(i)as soon as is reasonably practicable, if the examination shows that the lifting gear cannot continue to be used safely unless repairs are made; or
(ii)in any other case, within 28 days of the completion of the examination, of the results of the examination in a manner acceptable to the Commissioner; and
(d)exercise all due diligence in making any certification or in conducting any test or examination of any lifting gear under this regulation.
(10) It shall be the duty of the owner of a lifting gear to ensure that it is —
(a)of good construction, sound material, adequate strength and free from patent defect; and
(b)properly maintained.
(11) An inspector may at any time test any lifting gear and may prohibit its further use if he is not satisfied that the lifting gear is safe for the use to which it is put.
(12) Any person who contravenes any prohibition of an inspector under paragraph (11) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.
Lifting appliances and lifting machines
21.—(1) No lifting appliance or lifting machine shall be used unless an authorised examiner has —
(a)tested and examined the lifting appliance or lifting machine; and
(b)issued and signed a certificate of test and examination, specifying the safe working load of the lifting appliance or lifting machine.
(2) The certificate of test and examination referred to in paragraph (1)(b) shall be kept available for inspection.
(3) Every lifting appliance and lifting machine shall be thoroughly examined by an authorised examiner at least once every year or at such other intervals as the Commissioner may determine.
(4) Every crane, crab and winch shall be provided with a readily accessible and efficient brake or other safety device —
(a)which will prevent the fall of the load when suspended; and
(b)by which the load can be effectively controlled while being lowered.
(5) Every hand winch shall be fitted with an efficient pawl capable of sustaining the safe working load.
(6) Every lifting appliance and lifting machine —
(a)shall be conspicuously marked with its safe working load or loads and a distinctive number or other means of identification; and
(b)in the case of a jib crane so constructed that the safe working load may be varied by the raising or lowering of the jib, shall have an accurate indicator, which must be placed so as to be clearly visible to the driver of the jib crane, that shows the radius of the jib at any time and the safe working load corresponding to that radius.
(7) No lifting appliance or lifting machine shall be loaded beyond its safe working load except by an authorised examiner or an inspector for the purpose of testing such lifting appliance or lifting machine.
(8) Every lifting appliance and lifting machine shall be adequately and securely supported and —
(a)every rope, chain or wire;
(b)every part of a stage, framework or other structure; and
(c)every mast, beam, pole or other article of plant supporting any part of the lifting appliance or lifting machine, shall be of good construction, sound material and adequate strength, having regard to the nature of the lifting appliance, its lifting and reaching capacity and the circumstances of its use.
(9) All rails on which a travelling crane moves, and every track on which the carriage of a transporter or runway moves shall —
(a)be of proper size and adequate strength;
(b)have an even running surface;
(c)be properly laid, adequately supported or suspended; and
(d)be properly maintained.
(10) If any person at work at any place in a workplace is on or near the wheel tracks of an overhead travelling crane where he would be liable to be struck by the crane, effective measures shall be taken to ensure that the crane does not approach within 6 metres of that place.
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(11) If any person at work in a workplace is not on or near the wheel tracks of an overhead travelling crane but is in a place above floor level where he would be liable to be struck by an overhead travelling crane, or by any load carried by the crane, effective measures shall be taken to warn him of the approach of the crane unless the work of the person is so connected with or dependent on the movements of the crane as to make the warning unnecessary.
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(12) A lifting machine shall not be operated except by —
(a)a person trained and competent to operate that machine; or
(b)a person under training who is under the direct supervision of a qualified person.
(13)No person below the age of 18 years shall be at work —
(a)operating any lifting machine driven by mechanical power; or
(b)giving signals to the operator of any lifting machine.
(14) It shall be the duty of the occupier of a workplace in which any lifting appliance or lifting machine is used to comply with paragraphs (1) to (13).
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(15) It shall be the duty of an authorised examiner to —
(a)issue and sign a certificate, in a form determined by the Commissioner, of the result of the examination referred to in paragraph (3);
(b)provide the certificate referred to in sub-paragraph (a) to the occupier of the workplace;
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(c)inform the Commissioner —
(i)as soon as is reasonably practicable, if the examination shows that the lifting appliance or lifting machine cannot continue to be used safely unless repairs are made; or
(ii)in any other case, within 28 days of the completion of the examination, of the results of the examination in a manner acceptable to the Commissioner; and
(d)exercise all due diligence in making any certification or in conducting any test or examination of any lifting appliance or lifting machine under this regulation.
(16) It shall be the duty of the owner of a lifting appliance or lifting machine to ensure that it is —
(a)of good mechanical construction, sound material and adequate strength; and
(b)properly maintained.
(17) An inspector may at any time test any lifting appliance or lifting machine and may prohibit its further use if he is not satisfied that the lifting appliance or lifting machine is safe for the use to which it is put.
(18) Any person who contravenes any prohibition of an inspector under paragraph (17) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.
Register of lifting gears, etc.
22.It shall be the duty of the occupier of a workplace to keep a register containing such particulars as the Commissioner may specify with respect to the lifting gears, lifting appliances and lifting machines to which regulations 20 and 21 apply.
