Chapter XVI: Section 5: reads as follows

=Sec. 5.=—(1) _If the Secretary of State considers that, by
reason of the risk of serious injury to persons employed, it is
expedient that notice should be given under this Act in every case
of any special class of explosion, fire, collapse of buildings,
accidents to machinery or plant, or other occurrences in a mine or
quarry, or in a factory or workshop, including any place which for
the purpose of the provisions of the Factory and Workshop Act, 1901,
with respect to accidents is a factory or workshop, or is included
in the word 'factory’ or 'workshop,’ or is part of a factory or
workshop, the Secretary of State may by order extend the provisions
of this Act requiring notice of accidents to be given to an inspector
to any class of occurrences, whether personal injury or disablement
is caused or not, and, where any such order is made, the provisions
of this Act shall have effect as extended by the order._

(2) _The Secretary of State may by any such order allow the
required notice of any occurrence to which the order relates, instead
of being sent forthwith, to be sent within the time limited by the
order._

The Secretary of State, acting under this section, issued an order in December 1906 which stipulates that such an occurrence as the breaking of a rope, chain, or other appliance used for raising or lowering persons or goods by means of mechanical power should be forthwith notified on Form 43 by the occupier of the factory to the Inspector for the district.

_REPORT BY AN INSPECTOR OF THE HOME OFFICE ON BUILDING ACCIDENTS_

Under Sections 79-85 of the Factory and Workshop Act the Secretary of State is empowered to make regulations for any description of manual labour that is dangerous or injurious to health, or dangerous to life or limb. No regulations for the building trade have as yet been made, but in the Chief Inspector of Factories’ Annual Report for 1905 a number of suggestions made by a member of the factory department were printed for the guidance of those engaged in building operations. They are as follows:—

1. _All working platforms from which it is possible for a workman
or material, tools, and plant to fall a distance of more than 8 feet
should, before employment takes place thereon, be provided throughout
their entire length both on the inside and outside, and at the
ends_—

(_a_) _with a guard-rail fixed at a height of 3 feet 6 inches
above the scaffold boards;_

(_b_) _with boards fixed so that their bottom edges rest on or
abut to the scaffold boards. The boards so fixed shall rise above the
working platform not less than 7 inches._

_Always providing_—

(i) _that where the working platform is fixed within a distance of
12 inches from the buildings, the guard-rail and boards need not be
supplied to the inward side;_

(ii) _that where it is necessary to deposit upon the working
platform material which could not be deposited thereon if the
guard-rail and boards were fixed, the guard-rail and boards may be
removed for this purpose;_

(iii) _that the guard-rail and boards need not be fixed within a
reasonable distance of each side of any ladder which provides a means
of access to the working platform;_

(iv) _that the guard-rail and boards may be removed between any two
standards between which material is being landed;_

(v) _that the guard-rail may be considered unnecessary where
additional boards on edge are fixed to a height of 3 feet 6
inches._

_The reason for the limit of 8 feet is as follows:—_

_The first platform is generally 5 to 6 feet above the ground and the material required on that platform can be placed upon it from the ground level. If this is done safeguards are in the way. But on the second platform about 10 feet high this would not hold good, and from that point safeguards should be provided._

_Guard-rails should be rigid, and not movable as would be the case if a rope or chain were fixed. Workmen are used to rigidity in their surroundings, and their sense of safety is increased by the use of rigid rails. It would also be difficult to keep ropes at the required height as they lengthen in dry weather._

_Boards to be placed on edge are usually 9 inches wide; therefore a rise of 7 inches can easily be provided, even when the boards butt to the platform by resting on the putlogs. In exposed situations they are better tied into position than nailed as nails draw under wind pressure._

_A scaffold is usually within a few inches of the building, except where breaks in the wall of the erection occur, so that rails and edge boards are not usually necessary on the inside of the platform._

_In allowing a reasonable distance on each side of a ladder, consideration must be given not only for the landing of workmen but also for material being carried; 4 or 5 feet should be sufficient._

2. _All bridging runs between different portions of a scaffold or building, and from which a workman could fall a distance of more than 8 feet, should be not less than 18 inches wide. If composed of two or more boards they should be fastened together in such a manner as to prevent unequal sagging._

_The word 'bridging’ is used to differentiate from those runs which are continuously supported along the top of a wall or in other ways. Some discretion should be used as to the prevention of unequal sagging. If the runs have frequent supports, say every 3 feet, the sagging would be so slight as to be negligible. Where necessary, in lieu of a properly constructed gangway, wooden straps screwed on the under side and at right angles to the run would be satisfactory._

3. _Scaffold boards forming part of a working platform or run should be carried at each end by a putlog or similar support and should not project more than 6 inches beyond it unless lapped by other boards which should rest partly on or over the same putlog and partly upon putlogs other than those upon which the supported board rests._

_Always providing:—That this suggestion should not apply to any
projection at the ends of the working platform and similar places
effectively guarded._

_This suggestion is intended to prevent the formation of traps, that is: boards so laid upon the putlogs that they would tilt under pressure. Traps are the cause of accidents from which the victims have little chance of escape, for when on a platform it is not easy to ascertain how the platform is supported. Also, it must be remembered that workmen do not always note the position of the putlogs which support them. Even when originally well laid, boards often lose their position unless they are butted, and this means that constant supervision should be given to their position by the scaffolder._

_When butted, the putlogs at the board ends should be within 12 inches of each other and the boards given an equal projection, otherwise they may tilt. Although this may not result in such a serious accident as when the boards lap each other, it still remains a danger to be avoided._

_4. Ladders used as a means of communication in, on, or about a scaffold or building under construction or repair should rise at least 6 feet above the place they give access to._

_When climbing a ladder a man’s arms are at about right angles to his body, but to land it is easier and therefore safer to raise them somewhat higher. Therefore the limit of 6 feet would be safe except to a tall man. A piece of wood or rope nailed at the top of a short ladder would however give notice that there was no higher hand hold._

5. _Ladders used as a means of communication in, on, or about a scaffold or building under construction or repair should have a level and solid footing and be securely fixed at the top point of rest._

_A firmly fixed wedge will usually supply a level-footing. A sloping pavement generally causes this danger when the ladder is not standing at right angles to the incline._

_A solid footing is also most necessary. Ladders are sometimes seen raised upon a stack of loose bricks or other similar material, which is a most dangerous practice._

_Ladders can be fixed in various ways:_—

(_a_) _by lodgment on a suitable part of the building, say
within an embrasure;_

(_b_) _by tying to the highest point of rest;_

(_c_) _by the use of guy ropes to adjacent parts of the
building._

_As to_—

(_a_) _This is a fairly satisfactory method and is safer with
long and therefore heavy ladders, the weight being helpful to keep
the proper position._

(_b_) _is the most secure but not always possible._

(_c_) _allows of considerable play, but is fairly safe if the
ladder has a fixed footing._

6. _No ladder serving as a means of communication in, on, or about a scaffold or building in course of construction or repair should have an additional smaller ladder attached to or spliced on to it for the purpose of obtaining extra length._

_Ladders are often spliced especially for light work. The danger arises from the displacement of the usual handhold and also foothold, if the tying slips or gives sufficiently, so that the rungs, where the lap takes place, are not on the same level._

7. _Openings within the working platforms through which workmen could fall a distance greater than 8 feet should be surrounded with a guard-rail fixed at a height of 3 feet 6 inches above the working platform._

_A guard-rail may at times interfere with the free use of the platform, and where this occurs an alternative is to fit the well hole with trap doors which can be closed when the well is out of use._

8. _No loose putlogs or other timbers should be allowed to remain projecting from the face of the scaffold where hoisting or lowering of material or plant is carried on._

_The danger from any projecting timbers is a real one. If loose the transport of material may disturb it by contact, or the material itself may fall. The face of the scaffold would be an imaginary line drawn from standard to standard on their outside._

9. _Baskets when loaded should not be slung from the handles only, but the sling should be passed round the bottom of the basket. Provided always that if means have been taken in the construction of the basket to prevent its handles and bottom breaking out, this suggestion need not apply._

_Several baskets are now on the market with wire ropes &c. used in their construction, and which prevent the handles &c. breaking away. The life of an ordinary basket in constant use averages about a fortnight, but much depends upon the material carried, slates, for instance, having a particularly wearing effect._

10. _All poles before being used in the construction of the scaffold should be barked._

_This is generally done, but is imperative when the poles are to be used as standards. If not ripped off the bark acts as a sheath to the pole, and having little adhesion thereto will slip under pressure such as is exerted by the ledgers._

11. _No work should take place on a working platform until its construction is complete, unless the portion incomplete is effectively guarded from the men using it._

_In the course of building, the working platforms have to be raised as the work progresses. It is at these times that the dangers arise which the above suggestion is intended to prevent._

_As a rule only one platform is completely sheeted (i.e., boarded) at a time, and in the transition stage of raising the platform the workmen are tempted to proceed with their work before it is completed and safeguarded. The remedy is for the use of additional timber._

12. _No alteration of or interference with the construction of the scaffold should be made except with the authority of a responsible person._

_On small jobs the general foreman should take responsibility in this connection. On large works, where a foreman scaffolder is engaged, it should be his business to superintend all alterations._

13. _All plant should be constantly examined, and if any be found defective it should be disposed of in such a manner that its use cannot be continued unknowingly._

_Many builders have no objection to the total destruction of minor details of plant found defective when the same is ordered by the foreman. No general system of marking defective plant is in use, but a good plan is to arrange for its removal from the building, care being taken that its return to the yard as defective should be made known to those concerned._

14. _In such places where the scaffolding has not been erected by the direct employer of the men using it, or where its management has not been under his personal or deputed control or supervision, he should satisfy himself either personally or by his agents before allowing his employees to work thereon that the foregoing suggestions are kept in force on that portion of the scaffold and building with which he is concerned._

_This suggestion has a similar intention to the following clause often embodied in building contracts. It reads as follows:_—

'_The sub-contractor shall have the use in common with the
workmen of the contractors and of other sub-contractors of existing
scaffolding only. The sub-contractor shall, however, satisfy himself
that any scaffolding used for the purpose of this contract is fit
and proper for his purpose and shall be solely responsible for any
accidents which may result from the user of such scaffolding or plant
to himself or men in his employ._’

_It is of course unnecessary to add that accidents will occur even when the greatest attention and care are exercised. There is frequently no other reason for mishaps than overwork, rushing, misdirected economy in plant, and, it may be added, intoxicating liquors. Much depends upon the foreman in these matters. They are often first-rate managers of machinery, have an excellent knowledge of the best means of carrying out work, and not content with their existing reputations attempt to be also successful drivers of men. This is, perhaps, more likely to occur when the job is not paying: a hint from the employer to that effect will almost certainly result in an effort being made to retrieve matters. This is only natural and praiseworthy, if to gain the desired end the safety of the workmen is not jeopardised._

_The cost of properly safeguarding a scaffold is certainly an item, especially on large works, but should not be difficult to calculate. It is an expenditure that will not be in proportion to the cost of the building, but would be a direct charge upon the scaffolding required. I have made some calculations, and in estimating it would probably be found not to exceed an increase of 5 per cent. upon the amount devoted to the cost of the scaffold._

_THE WORKMEN’S COMPENSATION ACT, 1906_

In this Act, which came into force on July 1, 1907, no mention is made of the limitations included in the superseded Act of 1897, and which specially mentioned that compensation should only be paid for accidents occurring in, on, or about buildings which exceeded 30 feet in height and were either being constructed or repaired by means of a scaffolding, or being demolished, or on which machinery driven by steam, water, or other mechanical power was used for the purpose of the construction, repair, or demolition thereof.

In the new Act the liability of employers to workmen for injuries is expressed in Sec. 1 as follows:—

(1) _If in any employment[9] personal injury[10] by accident
arising out of and in the course of his employment is caused to a
workman, his employer shall, subject as hereinafter mentioned, be
liable to pay compensation in accordance with the first schedule to
this Act._

_Provided that—_

(_a_) _the employer shall not be liable under this Act in
respect of any injury which does not disable the workman for a period
of at least one week[11] from earning full wages at the work at which
he was employed;_

(_b_) _when the injury was caused by the personal negligence
or wilful act of the employer or of some person for whose act or
default the employer is responsible, nothing in this Act shall
affect any civil liability of the employer, but in that case the
workman may at his option either claim compensation under this Act,
or take proceedings independently of this Act[12]; but the employer
shall not be liable to pay compensation for injury to a workman by
accident arising out of and in the course of the employment both
independently of and also under this Act, and shall not be liable to
any proceedings independently of this Act, except in case of such
personal negligence or wilful act as aforesaid;_

(_c_) _if it is proved that the injury to a workman is
attributable to the serious and wilful misconduct of that workman,
any compensation claimed in respect of that injury shall, unless that
injury results in death or serious and permanent disablement,[13] be
disallowed._

DEFINITION OF EMPLOYER AND WORKMAN

=Sec. 13.=—_In this Act, unless the context otherwise requires,_—

_'Employer’ includes any body of persons corporate or incorporate
and the legal personal representative of a deceased employer, and,
where the services of a workman are temporarily lent or let on hire
to another person by the person with whom the workman has entered
into a contract of service or apprenticeship, the latter shall, for
the purposes of this Act, be deemed to continue to be the employer of
the workman whilst he is working for that other person;_

_'Workman’ does not include any person employed otherwise than by
way of manual labour whose remuneration exceeds two hundred and fifty
pounds a year, or a person whose employment is of a casual nature and
who is employed otherwise than for the purposes of the employer’s
trade or business, or a member of a police force, or an out worker,
or a member of the employer’s family dwelling in his house, but, save
as aforesaid, means any person who has entered into or works under a
contract of service or apprenticeship with an employer, whether by
way of manual labour, clerical work, or otherwise, and whether the
contract is expressed or implied, is oral or in writing;_

_Any reference to a workman who has been injured shall, where
the workman is dead, include a reference to his legal personal
representative or to his dependants or other person to whom or for
whose benefit compensation is payable._

Both of these definitions have been altered from those given in the Act of 1897. The definition of employer has been extended from the words 'deceased employer.’ The definition of workman is much more definite, and does not allow of much theorising. With the few exceptions mentioned it covers all classes of service, and should certainly cover any persons whose duties are connected with scaffolding.