General safety provisions

STUDY UNIT FOURTEEN

SAFETY: GENERAL PROVISIONS  ON FENCENCING AND PRIME MOVERS          

 Every flywheel directly connected to any prime mover and every moving part of any prime mover, except such prime movers as are mentioned in subsection (3), shall be securely fenced, whether the flywheel or prime mover is situated in an engine-house or not.  The head and tail race of every water wheel and of every water turbine shall be securely fenced.  Every part of any electric generator, motor and rotary converter, and every flywheel directly connected thereto, 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 premises as it would be if securely fenced.  Every part of any transmission machinery 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 premises as it would be if securely fenced.  Efficient devices or appliances shall be provided and maintained in every room or place where work is carried on by which the power can promptly be cut off from the transmission machinery in that room or place  Every machine intended to be driven by mechanical power shall be provided with an efficient starting and stopping appliance, the control of which shall be in such a position as to be readily and conveniently operated by the person operating the machine. No driving-belt when not in use shall be allowed to rest or ride upon a revolving shaft which forms part of the transmission machinery. Suitable striking gear or other efficient mechanical appliance shall be provided and maintained and used to move driving-belts to and from fast and loose pulleys which form part of the transmission machinery, and any such gear or appliances shall be so constructed, placed and maintained as to prevent the driving-belt from creeping back on to the fast pulley.            
The Commissioner may, subject to any conditions therein specified, issue a certificate of exemption from compliance with any of the requirements of subsections and in any case where he is satisfied that compliance with the requirement is unnecessary or impracticable.         Every dangerous part of any machinery, other than prime movers and transmission machinery, 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 premises as it would be if securely fenced.   Any part of a stock-bar which projects beyond the head-stock of a lathe shall be securely fenced unless it is in such a position as to be as safe to every person employed or working on the premises as it would be if securely fenced.            
Where the Commissioner is satisfied that there is available and suitable for use in connection with machinery of any class any type or description of safety device, he may by order direct that that type or description of device shall be provided for use, either instead of or in addition to any fencing, in connection with such class of machinery as may be specified in the order.       Subject to the provisions of subsection (2), in determining, for the purposes of the foregoing provisions of this Part, whether any part of machinery is in such a position or of such construction as to be as safe to every person employed or working on the premises as it would be if securely fenced-      Provisions as to unfenced machinery
No account shall be taken of any person carrying out, while the part of machinery is in motion, an examination thereof or any lubrication or adjustment shown by such examination to be immediately necessary, if the examination, lubrication or adjustment can only be carried out while the part of machinery is in motion; and  in the case of any part of transmission machinery used in any process with respect to which the Commissioner has certified in writing that owing to the continuous nature of such process the stopping of that part would seriously interfere with the carrying on of the process in such factory, no account shall be taken of any person carrying out, by such methods and in such circumstances and subject to such conditions as may be specified in the certificate, any lubrication or any mounting or shipping of belts.                   

shall only apply where-                     

(a)        the examination, lubrication or other operation is carried out by a male person who-
(i)        has attained the apparent age of eighteen years;
(ii)       has been appointed by the occupier of the factory, by prescribed certificate attached to the general register, to carry out such examination, lubrication or other operation, and has been furnished by the occupier with a signed copy of such certificate;
(iii)      has been sufficiently trained for the purposes of the work entailed by, and is acquainted with the dangers of moving machinery arising in connection with, such examination, lubrication or other operation; and
(iv)      has been provided by the occupier with and is wearing a close-fitting single-piece garment in good repair, which is fastened by means having no exposed loose ends and has no external pockets other than a hip-pocket;                       

(b)       another person, instructed as to the steps to be taken in case of emergency, is immediately available within sight or hearing of any person carrying out such examination, lubrication or other operation; and                      

 

(c)        any ladder in use for the carrying out of such examination, lubrication or other operation is securely fixed or lashed or is firmly held by a person standing at the foot of the ladder.

CONSTRUCTION AN MAINTENANCE OF FENCES
All fencing and other safeguards provided in pursuance of the foregoing provisions of this Part shall be of substantial construction, and constantly maintained and kept in position while the parts required to be fenced or safeguarded are in motion or use, except when any such parts are necessarily exposed for examination and for any lubrication or adjustment shown by such examination to be immediately necessary and all conditions imposed by or under section thirty are complied with.  Every prime mover and other machine, being a machine intended to be driven by mechanical power, shall be so constructed that the following parts of such prime mover or machine are securely fenced or are in such a position or are of such construction as to be as safe as they would be if they were securely fenced:

 

All revolving shafts (including journal ends), flywheels, couplings, toothed gearing, friction gearing, belt and pulley drives, chain and sprocket drives, cams, crank arms and slide blocks and all projecting screws, bolts or keys on any moving part:                  

 

Provided that the foregoing requirements shall not apply to a pulley, coupling or other part of a prime mover or machine intended for connecting to the prime mover or machine means of transmitting motion from the prime mover or from or to the machine, as the case may be, other than means of transmitting motion from the prime mover to the machine where the prime mover and machine are constructed as a combined unit appliance.  Every prime mover and other machine, being a machine intended to be driven by mechanical power, shall be so constructed that every 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 or shrouding arrangement to prevent the accidental movement or displacement.    Any person who, after the expiry of a period of two years from the commencement of this Act, sells or lets on hire, or as agent of the seller or hirer causes or procures to be sold or let on hire, for use in a factory in Zambia, any prime mover, or other machine intended to be driven by mechanical power, which does not comply with the requirements of subsections (1) and (2) shall be guilty of an offence and liable to a fine not exceeding one thousand five hundred penalty units.   Nothing in this section shall be deemed to relieve the occupier of a factory of any responsibility placed on him under this Act in relation to any machinery used in that factory.       The Minister may by regulations extend the provisions of subsection (3) to plant which does not comply with such requirements of this Act or of any regulations made there under as may be specified in the regulations, and any regulations made under this subsection may relate to plant in a specified process.          
An offence under subsection (3) or (5) shall, where necessary for the purpose of conferring jurisdiction on any court to entertain proceedings for the offence, be deemed to have been committed in the place where the machine or, as the case may be, the plant, is for the time being.  Every fixed vessel, structure, sump or pit of which the edge is less than one metre above the highest ground or platform from which a person might fall into it shall, if it contains any scalding, corrosive or poisonous liquid, or any molten metal, either be securely covered or be securely fenced to at least one metre above that ground or platform, or where by reason of the nature of the work neither secure covering nor secure fencing to that height is practicable, all practicable steps shall be taken by covering, fencing or other means to prevent any person from falling into the vessel, structure, sump or pit. Vessels containing dangerous substances     .  Every such vessel, structure, sump or pit as is mentioned in subsection (1) shall be clearly indicated by a warning notice bearing in red letters in English and in at least one vernacular language commonly used by the employees in the factory, the word "DANGER".             

 

  Where any fixed vessel, structure, sump or pit contains any scalding, corrosive or poisonous liquid or any molten metal, but is not securely covered, no ladder, stair or gangway shall be placed above, across or inside it which is not-                      

 

(a)        at least five hundred millimetres wide; and             

 

(b)       securely fenced on both sides to a height of at least one metre and securely fixed.                      

 

 Where any vessels, structures, sumps or pits adjoin and one or more of them contains any scalding, corrosive or poisonous liquid or any molten metal, and the space between them, clear of any surrounding brick or other work, is less than five hundred millimetres in width or is not securely fenced on both sides to a height of at least one metre, secure barriers shall be so placed as to prevent passage between them.  For the purposes of this section, a ladder, stair or gangway shall not be deemed to be securely fenced unless it is provided with sheet fencing or with an upper and a lower rail and toe-boards, or, where appropriate, with suitable safety hoops or cages.  The Minister may by regulations extend any of the provisions of this section so as to make them applicable-                    

 

(a)        to a vessel or structure which is not fixed; or                      

 

(b)       to a vessel, structure, sump or pit containing a substance which is not a liquid; and, in relation to any substance which is not a liquid, the expression "scalding", in a provision extended under paragraph (b), shall be taken to mean "likely to cause burns"                 

 

 The Minister may by order exempt from the requirements of this section any class of vessel, structure, sump or pit in the case of which he is satisfied that the requirements are unnecessary or in appropriate.No traversing part of any self-acting machine and no material carried thereon shall, if the space over which it runs is a space over which any person is liable to pass, whether in the course of his employment or otherwise, be allowed on its outward or inward traverse to run within a distance of five hundred millimetres from any fixed structure not being part of the machine.  All practical steps shall be taken by instructions to the person in charge of the machine and otherwise to ensure that no person employed shall be in the space between any traversing part of a self-acting spinning mule and any fixed part of the machine towards which the traversing part moves on the inward run, except when the machine is stopped with the traversing part on the outward run.
(As amended by No. 20 of 1974)                 

TRAINING AND SUPERVISION OF INEXPERIENCED WORKERS

No person is under the laws employed at any machine or in any process, being a machine or process liable to cause bodily injury, unless he has been fully instructed as to the dangers likely to arise in connection therewith and the precautions to be observed, and-
(a)        has received a sufficient training in work at the machine or in the process; or
(b)       is under adequate supervision by a person who has a thorough knowledge and experience of the machine or process.  All floors, steps, stairs, passages and gangways shall be of sound construction and properly maintained and shall, so far as is reasonably practicable, be kept free from any obstruction and from any substance likely to cause persons to slip.  For every staircase in a building or affording a means of exit from a building, a substantial hand-rail shall be provided and maintained, which if the staircase has an open side, shall be on that side, and in the case of a staircase having two open sides or of a staircase which, owing to the nature of its construction or the condition of the surface of the steps, or other special circumstances, is specially liable to cause accidents, such a hand-rail shall be provided and maintained on both sides.                 

 

(3)  Any open side of a staircase shall also be guarded by the provision and maintenance of a lower rail or other effective means.                       

 

(4)  All openings in floors shall be securely fenced, except in so far as the nature of the work renders such fencing impracticable.                       

 

(5)  All ladders shall be soundly constructed and properly maintained and shall, where liable to slip, be properly secured or fitted with effective devices to prevent skidding, or be firmly held by a person stationed at the foot of the ladder.            

 

37.  (1)  There shall, so far as is reasonably practicable, be provided and maintained safe means of access to and egress from every place at which any person has at any time to work, and every such place shall, so far as is reasonably practicable, be made and kept safe for any person working there.    Safe means of access and safe place of employment     

 

(2)  Sufficient clear and unobstructed space shall be maintained at every machine while in motion to enable work to be carried on without unnecessary risk to any person.                   

 

(3)  Where any person has to work at a place from which he will be liable to fall a distance exceeding two metres then, unless the place is one which affords secure foothold and, where necessary, secure handhold, means shall be provided, so far as is reasonably practicable, by fencing or otherwise, for ensuring his safety.
(As amended by No. 20 of 1974)                 

 

38.  (1)  The provisions of subsections (2) to (7) shall have effect where work in any factory has to be done inside any chamber, tank, tank-wagon, vat, pit, pipe, flue, or other confined space in which dangerous fumes are liable to be present to such an extent as to involve risk of persons being overcome thereby.   Precautions in places where dangerous fumes are liable to be present       

 

(2)  The confined space shall be provided with adequate means of egress.            

 

(3)  Subject to subsection (4), no person shall enter or remain in the confined space for any purpose unless he is wearing a suitable breathing apparatus and has been authorised to enter by a responsible person, and, where practicable, he is wearing a belt with a rope securely attached and a person keeping watch outside and capable of pulling him out is holding the free end of the rope.                    

 

(4)  Where the confined space has been certified by a responsible person as being, for a specified period, safe for entry without breathing apparatus and the period so specified has not expired, the aforementioned provisions of this section shall not apply, but no person shall enter or remain in the space unless he has been warned when that period will expire.           

 

(5)  A confined space shall not be certified under subsection (4) unless-               

 

(a)        effective steps have been taken to prevent any ingress of dangerous fumes;                     

 

(b)       any sludge or other deposit liable to give off dangerous fumes has been removed and the space contains no other material liable to give off dangerous fumes; and           

 

(c)        the space has been adequately ventilated and tested for dangerous fumes and has a supply of air adequate for respiration; but no account shall be taken for the purposes of paragraph (b) of any deposit or other material liable to give off dangerous fumes in insignificant quantities only.            

 

(6)  There shall be provided and kept readily available a sufficient supply of suitable breathing apparatus, of belts and ropes, and of suitable reviving apparatus and oxygen, and the apparatus and belts and ropes shall be maintained and shall be thoroughly examined by a competent person at least once a month.                  

 

(7)  A sufficient number of persons employed shall be trained and practised in the use of the apparatus mentioned in subsection (6) and in a method of restoring respiration.                   

 

(8)  The Commissioner may by certificate grant, subject to any conditions specified in the certificate, exemption from compliance with any of the requirements of the foregoing provisions of this section in any case where he is satisfied that compliance with those requirements is unnecessary or impracticable.                  

 

(9)  No person shall enter or remain in any confined space in which the proportion of oxygen in the air is liable to have been substantially reduced unless either-                  

 

(a)        he is wearing a suitable breathing apparatus; or                  

 

(b)       the space has been and remains adequately ventilated and a responsible person has tested and certified it as safe for entry without breathing apparatus.                  

 

(10)  No work shall be permitted in any boiler-furnace or boiler-flue until it has been sufficiently cooled by ventilation or otherwise to make work safe for the persons employed.                  

 

39.  (1)  Where, in connection with any grinding, sieving or other process giving rise to dust, there may escape dust of such character and to such an extent as to be liable to explode on ignition, all practicable steps shall be taken to prevent such an explosion by enclosure of the plant used in the process, and by removal or prevention of accumulation of any dust that may escape in spite of the enclosure, and by exclusion or effective enclosure of possible sources of ignition.  Precautions with respect to explosive or inflammable dust, gas, vapour or substance       

 

(2)  Where there is present in any plant used in any such process as aforesaid dust of such a character and to such an extent as to be liable to explode on ignition, then, unless the plant is so constructed as to withstand the pressure likely to be produced by any such explosion, all practicable steps shall be taken to restrict the spread and effects of such an explosion by the provision, in connection with the plant, of chokes, baffles and vents or other equally effective appliances.               

 

(3)  Where any part of a plant contains any explosive or inflammable gas or vapour under pressure greater than atmospheric pressure, that part shall not be opened, except in accordance with the following provisions:               

 

(a)        before the fastening of any joint of any pipe connected with the part of the plant or the fastening of the cover of any opening into the part is loosened, any flow of the gas or vapour into the part or into any such pipe shall be effectively stopped by a stop-valve or otherwise;                  

 

(b)       before any such fastening as aforesaid is removed, all practicable steps shall be taken to reduce the pressure of the gas or vapour in the pipe or part of the plant to atmospheric pressure;
and if any such fastening has been loosened or removed, no explosive or inflammable gas or vapour shall be allowed to enter the pipe or part of the plant until the fastening has been secured, or, as the case may be, securely replaced:                  

 

Provided that this subsection shall not apply to plant installed in the open air.                 

 

(4)  No plant, tank or vessel which contains or has contained any explosive or inflammable substance shall be subjected-                  

 

(a)        to any welding, brazing or soldering operation;                   

 

(b)       to any cutting operation which involves the application of heat; or            

 

(c)        to any operation involving the application of heat for the purpose of taking apart or removing the plant, tank or vessel or any part of it;
until all practicable steps have been taken to remove the substance and any fumes arising from it, or to render them non-explosive or non-inflammable; and if any plant, tank or vessel has been subjected to any such operation, no explosive or inflammable substance shall be allowed to enter the plant, tank or vessel until the metal has cooled sufficiently to prevent any risk of igniting the substance.                      

 

(5)  The Commissioner may by certificate grant, subject to any conditions specified in the certificate, exemption from compliance with any of the requirements of subsections (3) and (4) in any case where he is satisfied that compliance with the requirement is unnecessary or impracticable.               

 

40.  (1)  In every factory there shall be provided and maintained appropriate means for fighting fire, which shall be so placed as to be readily available for use, and persons trained in the correct use of such means shall be present during all working periods.          Prevention and fighting of fire         

 

(2)  The Minister may by regulations prescribe for any class or description of factory or part thereof specified means for fighting fire, and any such regulations may provide for the testing or examination of the means so specified and for the recording of particulars of the tests or examinations and of any defects found and action taken to remedy the defects.             

 

(3)  The Minister may make regulations requiring means to be provided in any class or description of factory for notifying the fire brigade in case of fire and requiring employed persons to be made familiar with their use.                

 

(4)  Regulations made under this section may provide, as regards any of their provisions, that some other person or persons shall be responsible for a contravention thereof instead of or as well as the occupier.             

 

(5)  Any requirement imposed by regulations made under subsection (2) may be so imposed either in substitution for or without prejudice to the general requirements of subsection (1).                     

 

(6)  The Minister may by order grant exemption from the requirements of subsection (1) and any such order may apply to any particular factory or part of a factory or any class or description of factory.                

 

(7)  All stocks of highly inflammable substances shall be kept either in a fire-resisting store or in a safe place outside any occupied building:                     

 

Provided that no such store as aforesaid shall be so situated as to endanger the means of escape from the factory or from any part thereof in the event of a fire occurring in the store.                    

 

(8)  No fire, flame, open light or other agency likely to ignite any volatile inflammable substance shall be permitted in any part of a factory in which such substance is used or is likely to be present.                   

 

(9)  No person shall be allowed to smoke in any part of a factory where any volatile inflammable substance is used, and a notice prohibiting smoking shall be posted in a conspicuous place in every such part of the premises.                    

 

41.  (1)  Every factory shall be provided with adequate means of escape in case of fire for the persons employed therein, and all such means shall be properly maintained and kept free from obstruction.        Means of escape and warning in case of fire

 

(2)  The contents of any room in which persons are employed shall be so arranged or disposed that there is a free passage-way for all persons employed in the room to a means of escape in case of fire.                   

 

(3)  Where any person is within a factory for the purpose of employment or meals, the doors of the factory, and of any room therein in which the person is, and any doors which afford a means of exit for persons employed in the factory from any building or from any enclosure in which the factory is situated, shall not be locked or fastened in such a manner that they cannot be easily and immediately opened from the inside.                      

 

(4)  Any doors opening on to any staircase or corridor from any room in which more than ten persons are employed, and in the case of any factory constructed or converted for use as a factory after the commencement of this Act, all other doors affording a means of exit from the factory for persons employed therein, shall, except in the case of sliding doors, be constructed to open outwards.                    

 

(5)  In any factory constructed or converted for use as a factory before the commencement of this Act in which more than ten persons are employed in the same building above the ground floor, any door, which is not kept continuously open, at the foot of a staircase affording a means of exit from the building, shall, except in the case of sliding doors, be constructed to open outwards.                   

 

(6)  Doors giving access to stairways shall not open immediately on to a flight of stairs, but on to a landing of adequate width.                     

 

(7)  Every window, door or other exit affording means of escape in case of fire or giving access thereto, other than the means of exit in ordinary use, shall be distinctively and conspicuously marked by a notice printed in red letters of adequate size.               

 

(8)  Every hoistway or liftway inside a building constructed after the commencement of this Act shall be completely enclosed with fire-resisting materials, and all means of access to the hoist or lift shall be fitted with doors of fire-resisting materials:                       

 

Provided that any such hoistway or liftway which is not provided with a vent at the top shall be enclosed at the top only by some material easily broken by fire.                       

 

(9)  The Commissioner may by certificate grant, subject to any conditions specified in the certificate, exemption from compliance with any of the requirements of subsection (8) in any case where he is satisfied that compliance with those requirements is inappropriate or undesirable.             

 

(10)  Where in any factory more than twenty persons are employed in the same building or explosive or highly inflammable materials are stored or used in any building in which persons are employed, effective means, capable of being operated without exposing any person to undue risk, shall be provided and maintained for giving warning in case of fire, which shall be clearly audible throughout the building or, where the factory is part only of the building, in every part of the building which is used for the purposes of the factory.                      

 

(11)  The Minister may by regulations apply the provisions of subsection (10) to any class or description of factory.                      

 

(12)  The Minister may by order grant exemption from or modify the requirements of subsection (10) in any case where it appears to him that those requirements are unnecessary or, as the case may be, would, unless modified, be unreasonable; and any such order may apply to any particular factory or part of a factory or any class or description of factory.                     

 

42.  (1)  There shall be tested and examined at least once in every period of three months and whenever an inspector so requires every means for giving warning in case of fire which is required to be provided by or under this Act.            Testing and examination of fire warning     

 

(2)  The Minister may by regulations provide that, in relation to any class or description of appliance or in relation to any class or description of factory, subsection (1) shall have effect with the substitution for the period of three months of such period as may be specified in the regulations.                  

 

(3)  The Minister may by regulations prescribe the nature of the test or examination to be carried out in pursuance of this section.                  

 

(4)  There shall be entered in or attached to the general register the date of every test or examination carried out in pursuance of this section and particulars of any defect found and the date and particulars of any action taken to remedy any such defect.                 

 

43.  (1)  Where in any factory more than twenty persons are employed in the same building above the first floor or more than six metres above the ground level, or explosive or highly inflammable materials are stored or used in any building where persons are employed, effective steps shall be taken to ensure that all the persons employed are familiar with the means of escape in case of fire and their use and with the routine to be followed in case of fire.                    

 

The Minister may by regulations apply the provisions of subsection (1) to any class or description of factory.            The Minister may make regulations as to the steps to be taken for the purposes of subsection (1) in factories to which that subsection applies, or any class or description thereof.
(As amended by No. 20 of 1974)                 

 

The Minister may make regulations as to the means of escape in case of fire to be provided in factories or any class or description of factory.          The Minister may make regulations as to the measures to be taken to reduce the risk of fire breaking out in any factory or of any such fire or smoke therefrom spreading in any factory, and such regulations may, among other things, prescribe requirements as to the internal construction of a factory and the materials used in the construction.        Regulations made under this section may provide, as regards any of their provisions, that some other person or persons shall be responsible for a contravention thereof instead of or as well as the occupier.           

 

Where it appears to the Minister that, in view of the number and nature of accidents occurring in any factory or class or description of factory, special provision ought to be made at that factory or at factories of that class or description to secure the safety of persons employed therein, he may make regulations requiring the occupier to make such reasonable provision by arrangements for special supervision in regard to safety, investigation of the circumstances and causes of accidents, and otherwise as may be specified in the regulations.     Regulations for special safety arrangements for the prevention of accidents         

STUDY  UNIT FIFTEEN

SAFETY: LIFTING MACHINERY                   

 

Every hoist and lift should  be of good mechanical construction, sound material and adequate strength, and consistent with a relevant standard specification, and shall, together with all gates, interlocking or other devices required by this section to be fitted, be properly maintained.Every hoist or lift shall be thoroughly examined by a competent person at least once in every period of six months, and a report of the result of every such examination in the prescribed form shall be signed by the person making the examination and shall, within fourteen days, be entered in or attached to the general register. Every hoistway or liftway shall be efficiently protected by a suitable enclosure fitted with gates, being such an enclosure as to prevent, when the gates are shut, any person falling down the way or coming into contact with any moving part of the hoist or lift.                 

 

Any such gate as aforesaid shall be fitted with efficient interlocking or other devices to secure that the gate cannot be opened except when the cage or platform is at the landing and that the cage or platform cannot be moved away from the landing until the gate is closed.         If, in the case of a hoist or lift constructed or reconstructed before the commencement of this Act, it is not reasonably practicable to fit it with such devices as are mentioned in subsection (4), it shall be sufficient if the gate-           is provided with such arrangements as will secure the objects of that subsection so far as is reasonably practicable; and is kept closed and fastened except when the cage or platform is at rest at the landing. Every hoist or lift and every such enclosure as is mentioned in subsection (3) shall be so constructed as to prevent any part of any person or any goods carried in the hoist or lift being trapped between any part of the hoist or lift and any fixed structure or between the counterbalance weight and any other moving part of the hoist or lift.There shall be marked in a conspicuous place on every hoist or lift the maximum working load which it can safely carry and no load greater than the maximum working load shall be carried on any hoist or lift. The following additional requirements shall apply to hoists and lifts used for carrying persons whether together with goods or otherwise .Efficient automatic devices shall be provided and maintained to prevent the cage or platform overrunning; every cage shall on each side from which access is afforded to a landing be fitted with a gate, and in connection with every such gate efficient devices shall be provided to secure that, when persons or goods are in the cage, the cage cannot be raised or lowered unless the gate is closed, and will come to rest when the gate is opened; andthere shall be marked in a conspicuous place on every such hoist or lift the maximum number of persons which the hoist or lift is designed to carry.In the case of a hoist or lift constructed or reconstructed before the commencement of this Act in connection with which it is not reasonably practicable to provide such devices as are mentioned in paragraph (b) of subsection (1), it shall be sufficient if-                 

            such arrangements are provided as will secure the objects of that paragraph so far as is reasonably practicable; and the gate is kept closed and fastened except where the cage is at rest or empty.In the case of a hoist or lift used as mentioned in subsection (1) which was constructed after the commencement of this Act, where the platform or cage is suspended by rope or chain, there shall be at least two ropes or chains separately connected with the platform or cage, each rope or chain and its attachments being capable of carrying the whole weight of the platform or cage and its maximum working load, and efficient devices shall be provided and maintained which will support the platform or cage with its maximum working load in the event of a breakage of the ropes or chains or any of their attachments. Every teagle opening or similar doorway used for hoisting or lowering goods, materials, or plant, whether by mechanical power or otherwise, shall be securely fenced and shall be provided with a secure hand-hold on each side of the opening or doorway, and such fencing shall be properly maintained and shall, except when the hoisting of goods, materials, or plant is being carried on at the opening or doorway, be kept in position.   Teagle openings and similar doorways        

HOISTS AND LIFTS

For the purposes of sections forty-seven and forty-eight, no lifting machine or appliance shall be deemed to be a hoist or lift unless it has a platform or cage the direction of movement of which is restricted by a guide or guides.Subsections (3) to (7) of section forty-seven and section forty-eight shall not apply in the case of a continuous hoist or lift, and in such a case subsection (2) of section forty-seven shall have effect as if for the reference to six months there were substituted a reference to twelve months.Subsections (4) and (5) of section forty-seven and section forty-eight shall not apply in the case of a hoist or lift not connected with mechanical power; and in such a case-subsection (2) of section forty-seven shall have effect as if for the reference to six months there were substituted a reference to twelve months; and any gates to be fitted under subsection (3) of section forty-seven shall be kept closed and fastened except when the cage or platform is at rest at the landing.            

 

If it is shown to the satisfaction of the Commissioner that it would be unreasonable in the special circumstances of the case to enforce any requirement of this section or of section forty-seven, forty-eight or forty-nine in respect of any particular hoist, lift, hoistway, liftway or teagle opening or similar doorway, he may by certificate grant exemption from compliance with such requirement. The following provisions shall be complied with as respects every chain, rope or lifting tackle used for the purpose of raising or lowering persons, goods, materials or plant:               

 CHAINS, ROPES AND LIFTING TACKLE

(a)        no chain, rope or lifting tackle shall be used unless it is of good construction, sound material, adequate strength, suitable quality and free from patent defect;                    

 

(b)       a table showing the safe working loads of every kind and size of chain, rope or lifting tackle in use, and, in the case of a multiple sling, the safe working load at different angles of the legs, shall be prominently displayed on the premises, and no chain, rope or lifting tackle not shown in the table shall be used;                  

 

(c)        no chain, rope or lifting tackle shall, save for the purpose of testing, be used for any load exceeding the safe working load;                 

 

(d)       all chains, ropes and lifting tackle in use shall be thoroughly examined by a competent person at least once in every period of six months, or at such greater intervals as the Commissioner may by order direct;                    

 

(e)        no chain, rope or lifting tackle, except a fibre rope or fibre rope sling, shall be taken into use in any factory for the first time in that factory unless it has been tested and thoroughly examined by a competent person and a certificate of the test and examination specifying the safe working load and signed by the person making the test and examination has been obtained and is kept available for inspection:             

 

            Provided that the provisions of this paragraph shall not apply to any chain, rope or lifting tackle in respect of which there has been obtained, and is kept available for inspection, a certificate of test and thorough examination issued by the manufacturer of the chain, rope or lifting tackle.                 

 

(2)  Paragraph (b) of subsection (1) shall not apply in relation to any lifting tackle if its safe working load or, in the case of a multiple sling, the safe working load at different angles of the legs is plainly marked on it.                   

 

(3)  An inspector may, in writing addressed to the occupier, direct that wrought iron chains or lifting tackle in use in any factory be annealed or otherwise treated by heat at such specified intervals as he considers necessary.                  

 

(4)  In this section, "lifting tackle" means chain slings, rope slings or similar gear, and rings, links, hooks, plate clamps, shackles, swivels or eye bolts.           

 

All parts and working gear, whether fixed or movable, including the anchoring and fixing appliances, of every lifting machine shall be of good mechanical construction, sound material, adequate strength and free from patent defect, and shall be properly maintained.                  

 

CRANES AND OTHER LIFTING MACHINES

All such parts and gear shall be thoroughly examined by a competent person at least once in every period of fourteen months.                   

 

All rails on which a travelling crane moves and every track on which the carriage of a transporter or runway moves shall be of proper size and adequate strength and have an even running surface; and any such rails or track shall be properly laid, adequately supported or suspended, and properly maintained.                     

 

There shall be plainly marked on every lifting machine the safe working load or loads thereof:             

 

Provided that, in the case of a jib crane so constructed that the safe working load thereof may be varied by the raising and lowering of the jib, there shall be attached thereto either an automatic indicator of safe working loads or a table indicating the safe working loads at corresponding inclinations of the jib, or corresponding radii of the load.                    

No lifting machine shall, except for the purpose of a test, be loaded beyond the safe working load.                   

 

No lifting machine shall be taken into use in any factory for the first time in that factory unless it has been tested, and all such parts and working gear of the machine as are specified in subsection (1) have been thoroughly examined by a competent person, and a certificate of the test and examination specifying the safe working load or loads of the machine and signed by the person making the test and examination has been obtained and is kept available for inspection:                      

 

Provided that the provisions of this subsection shall not apply to any lifting machine in respect of which there has been obtained, and is kept available for inspection, a certificate of test and thorough examination issued by the manufacturer of the machine.            

 

If any person is employed or working on or near the wheel-track of an overhead travelling crane in any place 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 six metres of that place.              

 

If any person is employed or working otherwise than mentioned in subsection (7) but 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 such a crane, effective measures shall be taken to warn him of the approach of the crane, unless his work is so connected with, or dependent on, the movements of the crane as to make a warning unnecessary.                     

 

In this section, "lifting machine" means a crane, crab, winch, teagle, pulley block, gin wheel, transporter or runway.
(As amended by No. 20 of 1974)                 

 

A register, containing the prescribed particulars, shall be kept in respect of all chains, ropes or lifting tackle (except fibre rope slings) to which section fifty-one applies, and in respect of all lifting machines to which section fifty-two applies.        Register of chains, ropes and lifting tackle and lifting machines    

 

STUDY UNIT SIXTEEN

SAFETY -STEAM BOILERS       

Subject to subsection (3), every steam boiler, whether separate or one of a range-            Steam boilers: attachments and construction

 

(a)        should have attached to it the devices mentioned in subsection (2);                       

 

(b)       should be provided with means for attaching a test pressure gauge;                      

 

(c)        should unless the subject of a written exemption by an inspector, be provided with a suitable fusible plug or an efficient low-water alarm; and                

 

(d)       should have at least one reliable feed apparatus capable of maintaining an ample supply of water to the boiler:             

 

Provided that-
(i)        where the feed apparatus is an injector, a second means of feeding consisting of a power or hand-pump shall be fitted; and
(ii)       for the purposes of this paragraph, two or more boilers combined for joint working shall be deemed to be one boiler.             

 

(2)  The devices referred to in subsection (1) are-               

 

(a)        a suitable safety-valve, separate from any stop-valve, which shall be so adjusted as to prevent the boiler being worked at a pressure greater than the maximum permissible working pressure and shall be fixed directly to, or as close as practicable to, the boiler;             

 

(b)       a suitable stop-valve fixed directly to, or as close as practicable to, such boiler, and connecting the boiler to the steam pipe;                    

 

(c)        a correct steam pressure gauge connected to the steam space and easily visible by the boiler attendant, which shall indicate the pressure of steam in the boiler in bars, and have marked on it in a distinctive colour the maximum permissible working pressure;                       

 

(d)       at least one water gauge of transparent material or other type approved by the Commissioner to show the water level in the boiler, together, if the gauge is of the glass tubular type and the working pressure of the boiler normally exceeds 2,500 bars, with an efficient guard provided so as not to obstruct the reading of the gauge;            

 

(e)        where the boiler is one of two or more boilers, a plate bearing a distinctive number which shall be easily visible.             

Every part of every steam boiler shall be of good construction, sound material and adequate strength, and free from patent defect and consistent with a relevant standard specification.
(As amended by No. 20 of 1974)                 

 

Every steam boiler attendant shall be properly instructed as to his duties.Every steam boiler and all its fittings and attachments shall be properly maintained.Every steam boiler and all its fittings and attachments shall be thoroughly examined by an inspector or other person authorized by the Commissioner at intervals not exceeding eighteen months and also as soon as practicable after any extensive repairs.               

The occupier of a factory shall notify an inspector in writing whenever-              

(a)        general retubing, renewal of furnaces or flues, affixing of new rivets, plates or patches, replacement of stays or gussets, the building up of wasted areas by any welding process or any other such major repairs are to be executed to a steam boiler;                       

(b)       major repairs as described in paragraph (a) have been executed to a steam boiler;            
(c)        he ceases permanently to use a steam boiler;                       

(d)       a steam boiler is to be removed from his factory for use elsewhere or is to be resisted within the factory; and               

(e)        a steam boiler is damaged.               

 

(5)  Any examination carried out in accordance with the requirements of subsection (3) shall include-              

 

(a)        an examination of the boiler when it is cold which shall not be carried out until the interior and exterior of the boiler have been prepared in such manner as the person who is to make the examination may require; and               

(b)       except in the case of an economiser or super heater, an examination when the boiler is under normal steam pressure which examination may, with the approval of the person carrying out the examination when cold, be carried out by some other person.   
The examination under pressure in accordance with paragraph (b) of subsection (5) shall be made on the first occasion when steam is raised after the examination when cold, or as soon as possible thereafter, and the person making such examination shall ensure that the safety-valve is so adjusted as to prevent the boiler being worked at a pressure greater than the maximum permissible working pressure.                

 

A report in the prescribed form of every examination made under the provisions of subsection (3) shall, as soon as practicable after the completion of the examination, be attached to or entered in the boiler book, and each such report shall be signed by the person making the examination.No steam boiler which has previously been used shall be taken into use in any factory for the first time in that factory until it has been examined and reported upon in accordance with the provisions of this section.No new steam boiler shall be taken into use until an inspector has been supplied with-               

(a)        the manufacturer's complete specifications which shall include full details of the chemical composition and physical properties of the material of all rivets, plates, sections, tubes, bars and electrodes used for pressure parts;            

(b)       dimensioned drawings of the complete boiler, showing the thickness of plates, details of all rivetting, the thickness of plates and the position and extent of all welds; and                     

(c)        the manufacturer's test certificate.                

Where the report of any examination made under the provisions of this section specifies conditions for securing the safe working of a steam boiler, such boiler shall not be used except in accordance with those conditions.      In respect of every steam boiler in a factory, the occupier of such factory shall keep a boiler book in the prescribed form in which shall be entered-                  

(a)        the dates on which such boiler is brought into and taken out of commission;        

(b)       the dates on which such boiler is cleaned, examined or tested; and           

(c)        the dates and details of any alterations or repairs to such boiler.                

 

This section shall not apply to any steam boiler which belongs to and is used by Zambia Railways or to the boiler of any ship.       No person shall enter or be in any steam boiler which is one of a range of two or more steam boilers unless-
(a)        all inlets through which steam or hot water might otherwise enter such boiler from any other part of the range are disconnected from that part; or
(b)       all valves or taps controlling such entry are closed and securely locked, and, where such boiler has a blow-off pipe in common with one or more other steam boilers or into a common blow-off vessel or sump, the blow-off valve or tap on each such boiler is so constructed that it can only be opened by a key which cannot be removed until the valve or tap is closed and is the only key in use for that set of blow-off valves or taps.   
Every steam receiver not so constructed as to withstand with safety the maximum permissible working pressure of the boiler with which it is connected or the maximum pressure which can be obtained in the pipe connecting the receiver with any other source of supply of steam shall be fitted with-                

(a)        a suitable reducing valve or other suitable automatic appliance to prevent the safe working pressure being exceeded;                    

(b)       a suitable safety-valve so adjusted as to permit the steam to escape as soon as the safe working pressure is exceeded, or a suitable appliance for cutting off automatically the supply of steam as soon as the safe working pressure is exceeded;              

(c)        a correct steam pressure gauge, which shall indicate the pressure of steam in the receiver in bars; and              

(d)       a suitable stop-valve; and                 

(e)        except where only one steam receiver is in use, a plate bearing a distinctive number which shall be easily visible.             

The safety-valve and pressure gauge required by the provisions of subsection (1) shall be fitted either on the steam receiver or on the supply pipe between the receiver and the reducing valve or other appliance provided to prevent the safe working pressure being exceeded.For the purposes of the provisions of subsection (1), except paragraph (e) thereof, any set of receivers supplied with steam through a single pipe and forming part of a single machine may be treated as one receiver, and for the purpose of the said subsection except paragraphs (d) and (e) thereof, any other set of receivers supplied with steam through a single pipe may be treated as one receiver:                      

 

Provided that this subsection shall not apply to any such set of receivers unless the reducing valve or other appliance provided to prevent the safe working pressure being exceeded is fitted on the said single pipe.                      

Every part of every steam receiver shall be of good construction, sound material, adequate strength and free from patent defect and consistent with a relevant standard specification.   Every steam receiver and its fittings shall be properly maintained and shall be thoroughly examined by an inspector or other person authorised by the Commissioner, so far as the construction of the receiver permits, at intervals not exceeding three years.The examination specified in subsection (5) shall not be carried out until the interior and exterior of the steam receiver have been prepared in such manner as the person who is to make the examination may require.            
A report in the prescribed form of the result of every examination made under the provisions of this section (including particulars of the safe working pressure) shall, as soon as practicable after the completion of the examination, be attached to or entered in the boiler book and each such report shall be signed by the person making the examination.        Every steam container shall be so maintained as to secure the outlet is at all times kept open and free from obstruction.
(As amended by No. 20 of 1974)                 

 

AIR RECEIVERS
Every air received  shall have  been marked upon it so as to be plainly visible the safe working pressure;                      

 

(b)       if it is connected with an air compressing plant, shall either be so constructed as to withstand with safety the maximum pressure that can be obtained from the compressor, or be fitted with a suitable reducing valve or other suitable appliance to prevent the safe working pressure of the receiver being exceeded;              

 

(c)        shall be fitted with a suitable safety-valve so adjusted as to permit the air to escape as soon as the safe working pressure is exceeded;                     

 

(d)       shall be fitted with a correct pressure gauge indicating the pressure in the receiver in bars;                     

 

(e)        shall be fitted with a suitable appliance for draining the receiver;              

 

(f)        shall be provided with a suitable manhole, handhole, or other means which will allow the interior of the receiver to be thoroughly cleaned and inspected; and               

 

(g)       in any case where more than one receiver is in use in any factory, shall bear a distinguishing mark which shall be easily visible.            

 

For the purposes of subsection (1) relating to safety-valves and pressure gauges, any set of air receivers supplied with air through a single pipe may be treated as one receiver:                 
Provided that, where a suitable reducing valve or other suitable appliance to prevent the safe working pressure being exceeded is required to be fitted, this subsection shall not apply unless the valve or appliance is fitted on the said single pipe.    Every air receiver and its fittings shall be of sound construction consistent with a relevant standard specification and be properly maintained.            Every air receiver shall be thoroughly examined at intervals not exceeding three years: Provided that, if it is so constructed that the internal surface cannot be thoroughly examined, a suitable hydraulic test of the receiver shall be carried out in lieu of internal examination.   The examination specified in subsection (4) shall not be carried out until the interior and exterior of the air receiver have been prepared in such manner as the person who is to make the examination may require.               
Every examination and test mentioned in subsection (4) shall be carried out by an inspector or other person authorised by the Commissioner and a report in the prescribed form of the result of every such examination and test (including particulars of the safe working pressure) shall be entered in or attached to the general register and the report shall be signed by the person making the examination or test.
(As amended by No. 20 of 1974)                 

No steam receiver or air receiver shall be taken into use until an inspector has been notified in writing of the make, type, year of manufacture and safe working pressure of such receiver, and, in the case of a steam receiver or air receiver which has previously been used, the full name and address of the former user.Notification before use of steam or air receivers.No modification to any pressure part of any steam boiler, steam receiver or air receiver not in accordance with instructions from the manufacturer shall be made until an inspector has been notified in writing of the proposed modification.                
The Commissioner may by certificate except from any of the provisions of this Part any class or type of steam boiler, steam receiver, steam container or air receiver to which he is satisfied that such provision cannot reasonably be applied. Any such exception may be unqualified or may be subject to such conditions as may be contained in the certificate.