1964_CONSTRUCTION_SITES_(SAFETY)_REGULATIONS — Page 31

1983 Ed.]

Construction Sites (Safety) Regulations

[CAP. 59

131

[Subsidiary]

PART VI

EXCAVATIONS ON CONSTRUCTION SITES

39. (1) The contractor responsible for any construction site at which excavating or earthworking operations are being carried on shall cause a structure made of suitable timber or other suitable material to be erected in connexion with the operations as soon as may be necessary after their commencement so as to prevent workmen employed on the site from being endangered by a fall or displacement of earth, rock, or other material (including waste material and debris) adjacent to or forming the side of the excava- tion or earthwork.

(2) The contractor shall-

(a) cause every part of the excavation or earthwork where workmen are employed to be examined by a competent person at least once in every period of 7 days after the commencement of the excavation or earthwork until it is completed or abandoned; and

(b) ensure that after any such examination no further work in respect of the excavation or earthwork is carried on until there has been obtained from that person in respect of the examination, or in respect of any further examination that may be necessary, a report in the prescribed form which includes a statement to the effect that the excavation or earthwork, and every structure erected under paragraph (1), is safe and secure.

(3) A report under paragraph (2) of an examination and the results thereof, signed by the person carrying out the examination, shall be-

(a) made in the prescribed form and contain the prescribed

particulars; and

(b) delivered forthwith to the contractor concerned.

(4) This regulation shall not apply-

(a) to an excavation or earthwork where, having regard to the nature and slope of the sides of the excavation or earth- work and other circumstances, no fall or dislodgment of earth, rock, or other material is liable to occur-

(i) so as to bury or trap a workman or other person employed in or near the excavation or earthwork; or

(ii) so as to strike any such workman or person from a height of more than 1.2 metres; or

(b) in relation to a workman actually engaged in the erection of any structure or in rendering any excavation or earth- work safe, or to a person engaged in examining any such structure, if other precautions which are reasonably ade- quate to ensure his safety are taken.

Safety of excavations, etc.

First Schedule. Form 11.

L.N. 280/78.

L.N. 238 83.

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