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- Factories: Subsidiary Legislation


Published: 1979-01-01

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Establishment of Factories Advisory Board (No. 2) Order

Factories (Abstract of Act) Regulations

Factories (Application to Building Operations and Works of Engineering Construction) Order

Factories (Building Operations and Works of Engineering Construction) (Safety and Health) Regulations

Factories (Electricity) Regulations

Factories (Extension of Application of Provisions) (Hoists and Lifts) Order

Factories (First-Aid Equipment) Regulations

Factories (Metal Roofs and Walls) Regulations

Factories (Notification of Accidents and Dangerous Occurrences) Regulations

Factories (Notification of Industrial Diseases) Regulations

Factories (Plant Examination Fees) Regulations

Factories (Preparation of Steam Boilers) Regulations

Factories (Prescribed Forms) Regulations

Factories (Sanitary Accommodation) Regulations

Factories (Volatile Paint) Regulations

Factories (Woodworking) Regulations

FACTORIES (PREPARATION OF STEAM BOILERS) REGULATIONS

(under section 55)

(1st January, 1979)

ARRANGEMENT OF REGULATIONS

REGULATION

 

                 1.        Citation

                 2.        Preparation of steam boilers for examination

 

S.I. 43, 1974.

 

1.       Citation

            These Regulations may be cited as the Factories (Preparation of Steam Boilers) Regulations.

2.       Preparation of steam boilers for examination

            Any person who desires that an examination of a steam boiler should be carried out for the purposes of section 37 of the Act shall provide such facilities for the examination of the interior and exterior of the boiler and for hammer testing, drilling, lifting, hydraulic testing, steam trial or other means of testing as may be required by the authorized boiler inspector carrying out the examination and, without prejudice to the generality of the foregoing, shall cause-

     (a)     the steam boiler to be thoroughly opened up and all flues and other parts to be thoroughly cleaned and scaled;

     (b)     all doors of manholes, mudholes and handholes to be taken off;

     (c)     brickwork, composition covering, firebars, fire bridges, tubes and stays to be removed to the extent required by the authorized boiler inspector; and

     (d)     all junction valves, feed valves, and safety valves to be taken apart and cleaned.

FACTORIES (ELECTRICITY) REGULATIONS

(under section 55)

(1st January, 1979)

ARRANGEMENT OF REGULATIONS

REGULATION

 

                 1.        Citation

                 2.        Application of Regulations

                 3.        Interpretation

                 4.        Exemptions

                 5.        Safety of installations

                 6.        Conductors

                 7.        Control gear

                 8.        Switches and circuit-breakers

                 9.        Fuses and automatic circuit-breakers

                10.        Joints and connections

                11.        Provision of means for cutting off voltage

                12.        Protection from excess current

                13.        Placing of single-pole switches

                14.        Earthing of bare metal conductors

                15.        Means of cutting off voltage from motors

                16.        Switches for control of electric motors

                17.        Portable apparatus

                18.        General arrangement of switchboards

                19.        Switchboards having exposed bare conductors

                20.        Placing of switchboard apparatus, etc.

                21.        Switchboard working platforms and passage-ways

                22.        Switchboards for high voltage or extra high voltage

                23.        Protection of high voltage and extra high voltage apparatus

                24.        Precautions against accidental charging above normal working voltage

                25.        Precautions against accidental charging of metal

                26.        Precautions against accidental charging of apparatus

                27.        Provision of insulating stands or screens

                28.        Provision and use of portable insulating devices

                29.        Safe working space and means of access

                30.        Lighting

                31.        Protection against exposure

                32.        Only authorized and competent persons to undertake certain work

                33.        Instructions as to treatment for electric shock

                34.        Construction, etc. of substations

                35.        Control of substations

                36.        Means of access to substations

                37.        Posting and distribution of Regulations

 

S.I. 44, 1974.

1.       Citation

            These Regulations may be cited as the Factories (Electricity) Regulations.

2.       Application of Regulations

            Except as hereinafter provided, these Regulations shall extend and apply to the generation, transformation, conversion, switching, controlling, regulating, distribution and use of electrical energy in any factory and in any premises, place, process, operation or work to which the provisions of Part VII of the Act, with respect to regulations for safety, health and welfare are applied by the Act, or by any order made thereunder.

3.       Interpretation

            In these Regulations, unless the context otherwise requires-

            "apparatus" means electrical apparatus, and includes all apparatus, machines and fittings in which conductors are used, or of which they form a part;

            "authorized person" means-

     (a)     the occupier;

     (b)     a contractor for the time being under contract to the occupier; or

     (c)     a person employed, appointed or selected by the occupier or by a contractor as aforesaid, to carry out certain duties incidental to the generation, transformation, distribution or use of electrical energy,

              such occupier, contractor or person being a person who is competent for the purposes of the regulation in which the term is used;

            "bare" means not covered with insulating material;

            "circuit" means an electrical circuit forming a system or branch of a system;

            "conductor" means an electrical conductor arranged to be electrically connected to a system;

            "covered with insulating material" means adequately covered with insulating material of such quality and thickness so that there is no danger;

            "danger" means danger to health or danger to life or limb from shock, burn or other injury to persons employed, or from fire or explosion, attendant upon the generation, transformation, distribution or use of electrical energy;

            "dead" means at, or about, zero potential, and disconnected from any live system;

            "earthed" means connected to the general mass of earth in such a manner as will ensure at all times an immediate discharge of electrical energy without danger;

            "extra high voltage" means a voltage in a system normally exceeding 6,600 volts where the electrical energy is used or supplied;

            "extra low voltage" means a voltage in a system normally not exceeding 110 volts direct or 55 volts alternating where the electrical energy is used;

            "high voltage" means a voltage in a system normally above 650 volts but not exceeding 6600 volts, where the electrical energy is used or supplied;

            "insulating boots" means boots

such size, quality and construction according to the circumstances of the use thereof that a person is thereby adequately protected from danger;

            "insulating gloves" means gloves

 

            "insulating screen" means a screen

 

            "insulating stand" means a floor, platform, stand or mat

 

            "live" means electrically charged;

            "low voltage" means a voltage in a system normally above 110 volts direct or 55 volts alternating but not exceeding 250 volts where the electrical energy is used or supplied;

            "medium voltage" means a voltage in a system normally above 250 volts, but not exceeding 650 volts, where the electrical energy is used or supplied;

            "public supply" means the supply of electrical energy to the premises of any person from outside those premises by the Botswana Power Corporation or by any person licensed under the Cap. 73:01 Electricity Supply Act to generate electricity;

            "substation" means any premises or that part of any premises in which electrical energy is transformed or converted to or from voltage above medium voltage, except for the purpose of working instruments, relays or similar auxiliary apparatus, if such premises or part of the premises are large enough for a person to enter after the apparatus is in position;

            "switchboard" means the collection of switches or fuses, conductors and other apparatus in connection therewith, used for the purpose of controlling the current or voltage in any system or part of a system;

            "switchboard passage-way" means any passage-way or compartment large enough for a person to enter, and used in connection with a switchboard when live;

            "system" means an electrical system in which all the conductors or apparatus are electrically connected to a common source of electromotive force;

            "voltage" means the highest effective difference of the electrical potential between any two conductors, or between a conductor and earth.

4.       Exemptions

            (1) Nothing in regulations 6, 7, 8, 11, 13, 14, 15, 19, 20, 21, 25, 26, 27, 28, 29, 30, 32, 33, 34 and 36 shall apply to any system in which the voltage does not exceed extra low voltage unless on account of special circumstances the chief inspector gives notice to the occupier that this exemption does not apply.

            (2) Nothing in these Regulations shall apply to any service lines or apparatus on the supply side of the consumer's terminals, or to any chamber containing such service lines or apparatus, where the supply is from a public supply:

            Provided always that no live metal is exposed so that it may be touched and adequate precautions are taken to prevent danger.

            (3) If the occupier can show to the chief inspector, with regard to any requirement of these Regulations, that the special conditions in his premises are such as are adequate to prevent danger, that requirement shall be deemed to be satisfied; and the Minister may, by order published in the Gazette, direct that any class of special conditions defined in the order shall be deemed for the purposes of all or any of the requirements of these Regulations adequate to prevent danger.

            (4) Nothing in these Regulations shall apply to any process or apparatus used exclusively for electro-chemical or electro-thermal or testing or research purposes, provided that such process is so worked and such apparatus is so constructed and protected and such special precautions are taken as may be necessary to prevent danger.

5.       Safety of installations

            All apparatus and conductors shall be sufficient in size and power for the work they are meant to do, and be so constructed, installed, protected, worked and maintained as to prevent danger as far as is practicable.

6.       Conductors

            All conductors shall either be covered with insulating material and further efficiently protected where necessary to prevent danger, or they shall be so placed and safeguarded as to prevent danger as far as is practicable.

7.       Control gear

            Every switch, switchfuse, circuit breaker and isolating link shall be-

     (a)     so constructed, placed or protected as to prevent danger;

     (b)     so constructed and adjusted accurately as to make and to maintain good contact;

     (c)     provided with an efficient handle or other means of working, insulated from the system, and so arranged that the hand cannot inadvertently touch live metal; and

     (d)     so constructed or arranged that it cannot accidentally fall or move into contact when left out of contact.

8.       Switches and circuit-breakers

            (1) Every switch intended to be used for breaking shall be so constructed that it cannot, with proper care, be left in partial contact; this applies to each pole or double-pole or multi-pole switches or circuit-breakers.

            (2) Every switch intended to be used for breaking a circuit and every circuit-breaker shall be constructed that an arc cannot accidentally be maintained.

9.       Fuses and automatic circuit-breakers

            (1) Every fuse, and every automatic circuit-breaker used instead thereof, shall be so constructed and arranged as effectively to interrupt the current before it so exceeds the working rate as to involve danger, and shall be of such construction or be so guarded or placed as to prevent danger from overheating, or from arcing or the scattering of hot metal or other substance when it comes into operation.

            (2) Every fuse shall be either of such construction or so protected by a switch that the fusable metal may be renewed without danger.

10.     Joints and connections

            Every electrical joint and connection shall be of proper construction as regards conductivity, insulation, mechanical strength and protection.

11.     Provision of means for cutting off voltage

            Efficient means, suitably located, shall be provided for cutting off all voltage from every part of a system, as may be necessary to prevent danger.

12.     Protection from excess current

            Efficient means, suitably located, shall be provided for protecting from excess current every part of a system as may be necessary to prevent danger.

13.     Placing of single-pole switches

            (1) Where one of the conductors of a system is connected to earth, no single-pole switch, other than a link for testing purposes or a switch for use in controlling a generator, shall be placed in such conductor or any branch thereof.

            (2) A switch or automatic or other cut-out may, however, be placed in the connection between the conductor and earth at the generating station, for use in testing and emergencies only.

14.     Earthing of bare metal conductors

            (1) Where one of the main conductors of a system is bare and uninsulated, such as a bare return of a concentric system, no switch, fuse or circuit-breaker shall be placed in that conductor, or in any conductor connected thereto, and the said conductor shall be earthed. (2) Nevertheless, switches, fuses and circuit-breakers may be used to break the connection with the generator or transformers supplying the power, provided that in the case of a bare conductor the connection of that conductor with earth is not thereby broken.

15.     Means of cutting off voltage from motors

            Every motor, converter and transformer shall be protected by efficient means suitably placed, and so connected that all voltage may thereby be cut off from the motor, converter or transformer, as the case may be, and from all apparatus in connection therewith:

            Provided, however, that where one point of the system is connected to earth there shall be no obligation to disconnect on that side of the system which is connected to earth.

16.     Switches for control of electric motors

            (1) Every electrical motor shall be controlled by an efficient switch or switches for starting and stopping so placed as to be easily worked by the person in charge of the motor.

            (2) In every place in which machines are being driven by any electrical motor there shall be means at hand for either switching off the motor or stopping the machines if necessary to prevent danger.

17.     Portable apparatus

            (1) Every flexible wire for portable apparatus shall be connected to the system either by efficient permanent joints or connections or by a properly constructed connector.

            (2) In all cases where the person handling portable apparatus or pendant lamps with switches would be liable to get a shock through a conducting floor or conducting work or otherwise if the metal-work of the portable apparatus became charged, the metal-work must be efficiently earthed; and any flexible metallic covering of the conductors shall be itself efficiently earthed and shall not itself be the only earth connection for the metal of the apparatus and a lampholder shall not be in metallic connection with the guard or other metal-work of a portable lamp.

            (3) Any portable apparatus and its flexible wire shall be controlled by an efficient means suitably located and capable of cutting off the supply, and where the voltage exceeds low voltage the metal-work shall be efficiently earthed independently of any flexible metallic cover of the conductors and any such flexible cover shall itself be independently earthed.

            (4) No portable hand lamp and no portable hand tool shall be used unless the lamp or tool and every part of its flexible wire is working at a voltage normally not exceeding 110 volts and the maximum voltage between any conductor of the lamp or tool or flexible wire and earth does not normally exceed 110 volts direct current or 55 volts alternating current.

            (5) The chief inspector may, by certificate, exempt from any of the provisions of subregulation (2) any class or type or description of portable hand lamp or portable hand tool to which he is satisfied that the application of such provision would be inappropriate or unnecessary; any such exemption may be unqualified or may be subject to such conditions as may be contained in the certificate.

18.     General arrangement of switchboards

            The general arrangement of switchboards shall, so far as is practicable, be such that-

     (a)     all parts that may have to be adjusted or handled are readily accessible;

     (b)     the course of every conductor may where necessary be readily traced;

     (c)     conductors not arranged for connection to the same system are kept apart, and can, where necessary, be readily distinguished;

     (d)     all bare conductors are so placed or protected as to prevent danger from accidental short circuit.

19.     Switchboards having exposed bare conductors

            (1) Every switchboard having bare conductors normally so exposed that they may be touched shall, if not located in an area or areas set apart for the purpose, where necessary be securely fenced or enclosed.

            (2) No person except an authorized person, or a person acting under his immediate supervision, shall have access to any part of an area so set apart.

20.     Placing of switchboard apparatus, etc.

            All apparatus appertaining to a switchboard and requiring handling shall, so far as is practicable, be so placed or arranged as to be operated from the working platform of a switchboard, and all measuring instruments and indicators connected therewith shall, so far as is practicable, be so placed as to be observed from the working platform; if such apparatus is worked or observed from any other place, adequate precautions shall be taken to prevent danger.

21.     Switchboard working platforms and passage-ways

            (1) At the working platform of every switchboard and in every switchboard passage-way, if there are bare conductors exposed or arranged to be exposed when live so that they may be touched, there shall be a clear and unobstructed passage of ample width and height, with a firm and even floor, and adequate means of access free from danger shall be provided for every switchboard passage-way.

            (2) The following provisions shall apply to all such switchboard working platforms and passage-ways-

     (a)     those constructed for low voltage and medium voltage switchboards shall have a clear height of not less than two and a half metres and a clear width measured from bare conductor of not less than one metre unless the bare conductors, whether overhead or at the sides of the passage-way, are otherwise adequately protected from danger by divisions or screens or other suitable means;

     (b)     those constructed for high voltage and extra high voltage switchboards, other than operating desks or panels working solely at low voltage, shall have a clear height of not less than three metres and all conductors shall be so screened or guarded that they cannot be touched accidentally and the passage-way shall have a clear width of not less than one metre measured from such screening or guarding; and

     (c)     bare conductors shall not be exposed on both sides of the passage-way unless-

           (i)       in the case of conductors on either side being at high voltage or extra high voltage, the conductors on both sides are so screened or guarded that they cannot be touched accidentally; and

          (ii)       the clear width of the passage is, in the case of low voltage, not less than two metres between bare conductors, and, in the case of high voltage and extra high voltage, not less than three metres measured between the screening or guarding.

22.     Switchboards for high voltage or extra high voltage

            In every switchboard for high voltage or extra high voltage-

     (a)     every high voltage and extra high voltage conductor within reach from the working platform or in any switchboard passage-way shall be so placed or protected adequately as to prevent danger;

     (b)     the metal cases of all instruments working at high voltage or extra high voltage shall either be earthed or completely enclosed with insulating covers;

     (c)     all metal handles of high voltage or extra high voltage switches, and, where necessary to prevent danger, all metal gear for working the switches, shall be earthed; and

     (d)     when any work is done on any switchboard for high voltage or extra high voltage, the switchboard shall be made dead unless-

           (i)       the section of the switchboard on which the work is done (hereinafter referred to as "the relevant section") and every other section which is live is either-

                      (aa)   so separated from the relevant section by permanent or removable divisions or screens as not to be a source of danger to persons working on the relevant section; or

                      (bb)   in such a position or of such construction as to be as safe as if so separated as aforesaid; or

          (ii)       the switchboard itself is so arranged as to secure that the work is done without danger without taking any of the precautions aforesaid.

23.     Protection of high voltage and extra high voltage apparatus

            All parts of generators, motors, transformers or other similar apparatus, at high voltage or extra high voltage, which are within reach from any position where a person employed may require to be, shall so far as is practicable be so protected as to prevent danger.

24.     Precautions against accidental charging above normal working voltage

            Where a high voltage or extra high voltage supply is transformed for use at a lower voltage, or energy is transformed up to above low voltage, suitable provision shall be made to guard against danger by reason of the lower voltage system becoming accidentally charged above its normal voltage by leakage or contact from the higher voltage system.

25.     Precautions against accidental charging of metal

            Where necessary to prevent danger, adequate precaution shall be taken either by earthing or by other suitable means to prevent any metal other than the conductor from becoming electrically charged.

26.     Precautions against accidental charging of apparatus

            Adequate precautions shall be taken to prevent any conductor or apparatus from being accidentally or inadvertently electrically charged when persons are working thereon.

27.     Provision of insulating stands or screens

            Where necessary to prevent danger, insulating stands or screens shall be provided and kept permanently in position, and shall be maintained in sound condition.

28.     Provision and use of portable insulating devices

            Portable insulating stands, screens, boots, gloves or other suitable means shall be provided and used when necessary to prevent danger, and shall be periodically examined by an authorized person.

29.     Safe working space and means of access

            Adequate working space and means of access, free from danger, shall be provided for all apparatus that has to be worked or attended to by any person.

30.     Lighting

            All those parts of premises in which apparatus is placed shall be adequately lighted to prevent danger.

31.     Protection against exposure

            All conductors and apparatus exposed to the weather, wet, corrosion, inflammable surroundings or explosive atmosphere, or used in any process or for any special purpose other than that for lighting or power, shall be so constructed or protected, and such special precautions shall be taken as may be necessary to prevent danger in view of such exposure or use.

32.     Only authorized and competent persons to undertake certain work

            (1) No person except an authorized person or a competent person acting under his immediate supervision shall undertake any work where technical knowledge or experience is required in order to avoid danger and no person shall work alone in any case in which the chief inspector directs that he shall not.

            (2) No person except an authorized person, or a competent person over the apparent age of 21 years acting under his immediate supervision shall undertake any repair, alteration, extension, cleaning or such work where technical knowledge or experience is required in order to avoid danger, and no one shall do such work unaccompanied.

            (3) Where a contractor is employed, and the danger to be avoided is under his control, the contractor shall appoint the authorized person, but if the danger to be avoided is under the control of the occupier, the occupier shall appoint the authorized person.

33.     Instructions as to treatment for electric shock

            Instructions on Form LDF 47, obtainable from the chief inspector, as to the treatment of persons suffering from electric shock shall be affixed in all premises where electrical energy is generated, transformed or used above low voltage; and in such premises or classes of premises in which electrical energy is generated, transformed or used at or below low voltage as the chief inspector may direct; occupiers and contractors shall ensure that authorized or competent persons employed by them are conversant with these instructions.

34.     Construction, etc. of substations

            Every substation shall be substantially constructed and shall be so arranged that no person other than an authorized person can obtain access thereto otherwise than by the proper entrance, or can interfere with the apparatus or conductors therein from the outside; and shall be provided with efficient means of ventilation and, except in the cases of open air substations, be kept dry.

35.     Control of substations

            Every substation shall be under the control of an authorized person, and no one but an authorized person or a person acting under his immediate supervision shall enter any part thereof where there may be danger.

36.     Means of access to substations

            Every underground substation not otherwise easily and safely accessible shall be provided with adequate means of access by door or trapdoor, with a stair case or ladder securely fixed and so placed that no live part of any switchboard or any bare conductor shall be within reach of a person thereon:

            Provided, however, that if-

     (a)     any person is regularly employed therein, otherwise than for inspection or cleaning; or

     (b)     the substation is not of ample dimensions and there is therein moving machinery other than ventilating fans or extra high pressure,

the means of access to such substation shall be by a doorway and staircase.

37.     Posting and distribution of Regulations

            (1) A printed copy of these Regulations shall be kept posted in every place in which they are applied, in such a position as to be conveniently read by persons employed.

            (2) A printed copy of these Regulations shall be given by each occupier or contractor to each authorized person or competent person employed by him.

FACTORIES (ABSTRACT OF ACT) REGULATIONS

(under section 55)

(1st January, 1979)

ARRANGEMENT OF REGULATIONS

REGULATION

 

                 1.        Citation

                 2.        Posting of abstract of Act

 

                            Schedule - Abstract of the Act Prescribed under Section 55 by the Minister

 

S.I. 45, 1974.

1.       Citation

            These Regulations may be cited as the Factories (Abstract of Act) Regulations.

2.       Posting of abstract of Act

            The abstract of the Act required to be posted in pursuance of section 62(1)(a) thereof shall be in the form of the Schedule hereto, together with translation thereof in Setswana.

SCHEDULE
ABSTRACT OF THE ACT PRESCRIBED UNDER SECTION 55 BY THE MINISTER

FACTORIES ACT

Name of Occupier:

Address of Factory:

Industry:

Chief Inspector of Factories,

 Labour Officer,

 P.O. Box No.

Area Labour Office,

GABORONE

P.O. Box No.

 

ABSTRACT

Registration

1. Register of factories (s. 7)

     The chief inspector of factories shall keep a register of factories and all such factories shall be issued with certificates of registration.

2. Plans of new factories (s. 10)

     Plans of all new buildings to be used as factories and alterations to existing industrial premises should be submitted through the local authority to the chief inspector of factories for approval.

Health - General Provisions

3. Cleanliness (s. 13)

     Every factory must be kept clean. All inside walls and partitions and ceilings must be kept clean and whitewashed.

4. Overcrowding (s. 14)

     A factory must not be overcrowded. In every workroom at least 10 cubic metres of air space should be allowed for each person working in the room.

5. Ventilation (s. 15)

     Effective and suitable provisions should be made for securing and maintaining, by the circulation of fresh air, the adequate ventilation of the workroom.

6. Lighting (s. 16)

     Every workroom should be provided with adequate and suitable means of lighting whether natural or artificial.

7. Drainage of floors (s. 17)

     In any workroom in which wet processes are carried on, adequate means should be provided to effectively drain the wet off the floor.

8. Sanitary conveniences (s. 18)

     Sufficient and suitable sanitary conveniences, separate for each sex, should be provided for the use of persons employed.

Safety - General Provisions

9. Prime movers (s. 21)

     Every flywheel and every part of a prime mover must be securely fenced irrespective of their position.

10. Transmission machinery (s. 22)

     Every part of transmission machinery must be securely fenced unless it is safe by position or construction.

11. Other machinery (s. 23)

     Every dangerous part of any machine must be securely fenced.

12. Construction and maintenance of fencing (s. 25)

     All fencing should be of substantial construction and should be constantly maintained in position while the machinery is in motion or in use.

13. Construction of new machinery (s. 26)

     New power driven machines must not be sold, let for hire or used unless certain parts are effectively guarded.

14. Vessels containing dangerous liquids (s. 27)

     Fixed vessels, sumps or pits containing scalding, corrosive or poisonous liquids, should be securely fenced unless the edge is one metre above the adjoining ground or platform.

15. Self-acting machines (s. 28)

     No traversing parts of any self-acting machine or material carried on it should be allowed to run within half-a-metre of any fixed structure.

16. Training and supervision (s. 29)

     Persons should not be employed at any machine or process liable to cause bodily injury unless they have been fully instructed as to the dangers likely to arise in connection therewith.

17. Hoists and lifts (s. 30)

     Every hoist and lift should be of sound mechanical construction and be properly maintained. It must be thoroughly examined at least once in every period of six months by an approved person.

18. Chains, ropes and lifting tackle (s. 31)

     Every chain, rope or lifting tackle used for raising persons or goods must be of sound construction and free from patent defect. All lifting tackle in use must be thoroughly examined by an approved person at least once in every period of six months and must not be taken into use for the first time in a factory unless they have been tested and certified.

19. Cranes and other lifting machines (s. 32)

     All parts and working gear of cranes and other lifting machines should be of sound construction, adequate strength and must be properly maintained. A thorough examination of all parts should be made by an approved person at least once in every period of 14 months. A crane or lifting machine must not be taken into use for the first time in a factory unless it has been tested and examined.

20. Register of chains, ropes, etc. (s. 33)

     A register containing particulars of examinations and tests of all lifting gear should be kept in every factory.

21. Safe means of access and safe places of employment (s. 34)

     All floors, steps, ladders, stairs, passages and gangways must be of sound construction and properly maintained. Adequate clear space should be maintained at every machine while it is being used to enable the work to be carried on without risk.

22. Precautions against dangerous fumes (s. 35)

     Detailed precautions are laid down in order to prevent gassing when work is carried out in a confined space at which dangerous fumes are liable to be present.

23. Precautions against explosive or inflammable dust, gas, etc. (s. 36)

     Precautions are laid down against explosion for certain processes and welding of containers which hold explosive or inflammable substances.

24. Steam boilers and steam receivers (ss. 37 and 38)

     Every steam boiler and steam receiver must be of sound construction, adequate strength and free from patent defect. Steam boilers and steam receivers and all fittings thereon must be properly maintained and examined by an approved boiler inspector at least once in every period of 14 months or after an extensive repair.

25. Air receivers (s. 39)

     All air receivers must be thoroughly cleaned and examined at least once in every period of 26 months by an approved person and a report made which should be attached to the general register.

26. Prevention of fires (s. 41)

     An adequate and suitable supply of fire extinguishing apparatus should be provided and should be readily accessible in case of fire. Stocks of inflammable substances must be kept in a fire-resistant store or in a safe place outside the building comprising the factory.

27. Safety provisions in case of fire (s. 42)

     Every factory should be provided with adequate means of escape in case of fire and such means should be properly maintained and free from obstruction.

Welfare - General Provisions

28. Supply of drinking water (s. 46)

     An adequate supply of suitable drinking water should be provided and maintained.

29. Washing facilities (s. 47)

     There should be provided and maintained adequate and suitable provision for washing.

30. Clothing accommodation (s. 48)

     Suitable accommodation for clothing not worn during working hours should be provided and maintained.

31. First aid (s. 49)

     A first aid box or cupboard of the prescribed standard should be provided and kept properly stocked with the required medical requisites. A responsible person should be put in charge of the first aid equipment.

Health, Safety and Welfare
(Special Provisions and Regulations)

32. Removal of dust and fumes (s. 51)

     All practical measures shall be taken for the suppression of dust or fumes arising out of any process or plant so as to prevent them from entering the air of the workroom.

33. Meals in certain dangerous trades (s. 52)

     A person must not partake of food or drink in any workroom where poisonous or otherwise injurious substances are used so as to give rise to dust or fumes.

34. Protective clothing (s. 53)

     Employed persons who are exposed to wet or offensive substances should be provided with suitable protective clothing and appliances.

35. Protection of eyes (s. 54)

     Suitable protective screens or goggles should be provided for persons employed while carrying out certain work.

Miscellaneous

36. Posting of abstract (s. 62)

     The prescribed abstract of the Factories Act should be posted in a prominent position in every factory. The abstract and other notices required to be posted under this Act should be in Setswana and English.

37. General registers (s. 63)

     Every factory should keep a general register which should have attached to it the Certificate of Registration of the factory and all other certificates required by the Act.

38. Duties of persons employed (s. 66)

     A person employed must not wilfully interfere with or misuse any means, thing or appliance prescribed in pursuance of the Act for securing the safety, health and welfare of employed persons. He must not wilfully and without reasonable cause do anything likely to endanger himself or others.

39. Deductions from wages (s. 67)

     The occupier of a factory must not make a deduction from wages in respect of anything he has to do or provide in pursuance of the Act.

Administration

40. Powers of inspectors (s. 69)

     Inspectors of factories have the power to enter and inspect factory premises at all reasonable times by day or by night. They may exercise such powers as may be necessary for carrying the Act into effect, including the power to take samples. Any person who obstructs an inspector of factories in the execution of his duties under the Act is guilty of an offence and liable to a penalty.

FACTORIES (SANITARY ACCOMMODATION) REGULATIONS

(under section 55)

(1st January, 1979)

ARRANGEMENT OF REGULATIONS

REGULATION

 

                 1.        Citation

                 2.        Application

                 3.        Interpretation

                 4.        Provision of sanitary conveniences

                 5.        Lighting, ventilation and siting

                 6.        Construction

                 7.        Access

                 8.        Separate conveniences in certain cases

                 9.        Where sanitation not waterborne

 

S.I. 46, 1974.

1.       Citation

            These Regulations may be cited as the Factories (Sanitary Accommodation) Regulations.

2.       Application

            These Regulations shall apply to all factories as defined in section 5 of the Act.

3.       Interpretation

            In these Regulations, unless the context otherwise requires, "latrine" means a sanitary convenience which is neither a water closet nor a chemical closet.

4.       Provision of sanitary conveniences

            (1) Where females are employed in any factory, and where waterborne sanitation or chemical closets are provided, there shall be at least one suitable sanitary convenience for every 25 females.

            (2) Where females are employed in any factory, and where waterborne sanitation or chemical closets are not provided, there shall be at least one suitable latrine for every 10 females.

            (3) Where males are employed in any factory, and where waterborne sanitation or chemical closets are provided, there shall be at least one suitable sanitary convenience (not being a convenience suitable merely as a urinal) for every 25 males:

            Provided that in the case of factories where the number of males exceeds 100, and sufficient urinal accommodation is also provided, it shall be sufficient if there is one such convenience as aforesaid for every 25 males up to the first 100 and one for every 50 males thereafter.

            (4) Where males are employed in any factory, and where waterborne sanitation or chemical closets are not provided, there shall be at least one suitable latrine for every 10 males:

            Provided that in the case of factories where the number of males employed exceeds 100, it shall be sufficient if there is one such latrine as aforesaid for every 10 males up to the first 100 and one for every 20 males thereafter.

            (5) In calculating the number of water closets, chemical closets or latrines required by these Regulations, any number of persons less than 10, 20, 25 or 50 shall be reckoned as 10, 20, 25 or 50 respectively, as the case may be.

5.       Lighting, ventilation and siting

            Every sanitary convenience shall be adequately lighted and ventilated and shall not communicate with any workroom except through the open air or through an intervening ventilated space and shall be maintained in a clean condition.

6.       Construction

            (1) Every sanitary convenience (other than a convenience suitable merely as a urinal) shall be under cover and so partitioned off as to secure privacy, and shall have a proper door and fastenings.

            (2) Urinals shall be placed or so screened as not to be visible from other parts of the factory where persons work or pass.

7.       Access

            Sanitary conveniences shall be so arranged as to be conveniently accessible to the persons employed at all times while they are in the factory.

8.       Separate conveniences in certain cases

            (1) Where persons of both sexes are employed (except in the case of factories where the only persons employed are members of the same family dwelling therein), the sanitary conveniences for each sex shall be so placed or so screened that the interior shall not be visible, even when the door of any convenience is open, from any place where persons of the other sex have to work or pass and, if the conveniences of one sex adjoin those for the other sex the approaches shall be separate.

            (2) The conveniences for each sex shall be indicated by a suitable notice.

9.       Where sanitation not waterborne

            Where waterborne sanitation is not provided, all other types of sanitary conveniences shall be made and kept flyproof, and shall be cleaned and disinfected as often as is necessary.

FACTORIES (FIRST-AID EQUIPMENT) REGULATIONS

(under section 55)

(1st January, 1979)

ARRANGEMENT OF REGULATIONS

REGULATION

 

                 1.        Citation

                 2.        Provision of first-aid box or cupboard

 

                            Schedule

 

S.I. 47, 1974.

1.       Citation

            These Regulations may be cited as the Factories (First-Aid Equipment) Regulations.

2.       Provision of first-aid box or cupboard

            The first aid-box or cupboard required by section 49(1) of the Act to be provided in every factory shall be equipped in the manner provided in the Schedule hereto.

SCHEDULE

1.  For factories in which the number of persons employed does not exceed 10-

     Each first-aid box or cupboard shall contain as a minimum the following items:

       (i)     Not less than six small sterilized dressings for use on injured fingers.

      (ii)     Not less than six medium sized sterilized dressings for use on injured hands or feet.

     (iii)     Not less than six large sterilized dressings for use on other injured parts.

      (iv)     Not less than six sterilized burn dressings (large and small).

      (v)     A one per cent aqueous solution of gentian violet or other antiseptic.

      (vi)     A bottle of sal volatile having the dosage and method of administration clearly indicated on the label.

     (vii)     A supply of castor oil or eye drops, if there is a particular hazard to the eyes.

    (viii)     Three roller bandages.

     (ix)     A copy of the first-aid leaflet LDF Form 43 issued by the Department of Labour and Social Security.

2.  For factories in which the number of persons employed exceeds 10 but does not exceed 50-

     Each first-aid box or cupboard shall contain as a minimum the following items:

       (i)     Not less than 12 small sterilized dressings for use on injured fingers.

      (ii)     Not less than 12 medium sized sterilized dressings for use on injured hands or feet.

     (iii)     Not less than 12 large sterilized dressings for use on other injured parts.

      (iv)     Not less than 12 sterilized burn dressings (large and small).

      (v)     A supply of sterilized cotton wool in packets of 15 grammes.

      (vi)     A one per cent aqueous solution of gentian violet or other antiseptic.

     (vii)     A bottle of sal volatile having the dosage and method of administration clearly indicated on the label.

    (viii)     Castor oil or other eye drops in adequate quantity.

     (ix)     Six roller bandages.

      (x)     A copy of the first-aid leaflet LDF Form 43 issued by the Department of Labour and Social Security.

3.  For factories employing more than 50 persons-

     Each first-aid box or cupboard shall contain as a minimum the following items:

       (i)     Not less than 24 small sterilized dressings for use on injured fingers.

      (ii)     Not less than 24 medium sized sterilized dressings for use on injured hands or feet.

     (iii)     Not less than 24 large sterilized dressings for use on other injured parts.

      (iv)     Not less than 18 sterilized burn dressings (large and small).

      (v)     A supply of sterilized cotton wool in packets of 100 grammes.

      (vi)     A one per cent aqueous solution of gentian violet or other antiseptic.

     (vii)     A bottle of sal volatile having the dosage and method of administration clearly indicated on the label.

    (viii)     A supply of castor oil or other eye drops.

     (ix)     A tourniquet.

      (x)     A supply of adhesive plaster.

     (xi)     A supply of splints and cotton wool or other material suitable for padding.

    (xii)     Twelve roller bandages.

    (xiii)     Twelve triangular bandages.

    (xiv)     A supply of safety pins in assorted sizes.

     (xv)     A pair of scissors, 125 millimetres long.

    (xvi)     A pair of "dressing" forceps.

   (xvii)     A copy of the first aid leaflet LDF Form 43 issued by the Department of Labour and Social Security.

4.  All materials for dressings contained in a first-aid box or cupboard shall be those designated in or of a grade or quality not lower than the standards prescribed by the British Pharmaceutical Codex or any supplements thereto.

5.  Each first-aid box or cupboard shall be painted white, both internally and externally, shall be maintained in a clean state and shall be plainly marked "First-Aid".

FACTORIES (BUILDING OPERATIONS AND WORKS OF ENGINEERING CONSTRUCTION) (SAFETY AND HEALTH) REGULATIONS

(under section 55)

(1st January, 1979)

ARRANGEMENT OF REGULATIONS

PART I
General

REGULATION

 

                 1.        Citation and application

                 2.        Interpretation

                 3.        General saving

 

PART II
Scaffolds and Means of Access

                 4.        Provision of scaffolds and means of access

                 5.        Supervision

                 6.        Construction and material

                 7.        Maintenance

                 8.        Standards, uprights, ledgers and putlogs

                 9.        Support and stability

                10.        Trestle scaffolds

                11.        Cantilever or jib scaffold

                12.        Working platforms and working stages

                13.        Boards and planks in working platforms, gangways and runs

                14.        Guard rails and toe boards at working places

                15.        Construction and use of gangways and runs

                16.        Guard rails for gangways, runs and stairs

                17.        Ladders

                18.        Openings in roofs, floors and walls

                19.        Roof work

 

PART III
Raising and Lowering - Lifting Machines, Appliances and Gear

                20.        Slewing or travelling motion

                21.        Drums and pulleys

                22.        Poles or beams supporting chain blocks, pulley blocks or gin wheels

                23.        Cranes with derricking jibs

                24.        Erection

                25.        Signals

                26.        Scotch, guy and tower derrick cranes

                27.        Slings

 

PART IV
Special Provisions as to Hoists

                28.        Safety of hoistways

                29.        Operation of hoists

                30.        Hoist winches

                31.        Safe working load

                32.        Carriage of persons

                33.        Testing and examination of hoists

                34.        Carrying of persons by crane

                35.        Secureness of loads

 

PART V
Excavations

                36.        Safety of excavations

                37.        Fencing of excavations, etc.

                38.        Access

 

PART VI
Demolition

                39.        Demolition of buildings and structures

 

PART VII
Miscellaneous

                40.        Lighting

                41.        Mechanical transport

                42.        Tramways and transport on rail tracks

                43.        Protection from falling material

                44.        Loose materials

                45.        Construction of temporary structures

                46.        Avoidance of danger from collapse of structure

                47.        Petrol

                48.        Electricity

                49.        Prevention of drowning

                50.        First-aid

                51.        Protection of eyes and provision of protective clothing and appliances

                52.        Registers, certificates, etc.

                53.        Notification of accidents and dangerous occurrences

 

                            First Schedule - Hand Signals to be Used when Raising or Lowering

                            Second Schedule - First-Aid Equipment

                            Third Schedule - Process requiring the Provisions of Suitable Goggles or Effective Screens

 

S.I. 48, 1974.

PART I
General (regs 1-3)

1.       Citation and application

            (1) These Regulations may be cited as the Factories (Building Operations and Works of Engineering Construction) (Safety and Health) Regulations, and shall apply to those building operations and works of engineering construction to which the Act has been applied by the Factories (Application to Building Operations and Works of Engineering Construction) Order.

            (2) A copy of these Regulations shall be displayed at every site of building operations and works of engineering construction to which these Regulations apply.

2.       Interpretation

            In these Regulations, unless the context otherwise requires-

            "hoist" means a lifting machine, whether worked by mechanical power or not, with a carriage, platform or cage the direction of the movement of which is restricted by a guide or guides;

            "ladder" does not include step-ladder;

            "scaffold" means any temporary structure or appliance on or from which persons perform work in connection with an operation to which these Regulations apply, and any temporary structure or appliance which enables persons to obtain access to, or which enables material to be taken to, any place at which such work is performed and includes any working platform, gangway, run, ladder or step-ladder (other than an independent ladder or step-ladder which does not form part of such a structure) together with any guard rail, toe board or other safeguards and all fixings;

            "trestle" includes a step ladder, tripod or similar movable contrivance which is in itself stable;

            "trestle scaffold" means a scaffold in which the boards or planks of the platform are supported directly on trestles;

            "working platform" includes a working stage.

3.       General saving

            If it can be shown to the satisfaction of a court that it was not practicable at any time or to any extent to comply with any requirements of these Regulations, no person shall be convicted of any offence of failing to comply with that requirement for the time and to the extent that it was not practicable to comply therewith:

            Provided that if the requirement is designed to prevent the fall of persons then the provisions of this regulation shall not apply unless in addition it can be shown that-

     (a)     adequate handfold or foothold was provided;

     (b)     suitable safety nets or safety sheets were provided and used; or

     (c)     safety belts or other contrivances which, so far as practicable, enabled the workmen to carry out their work without risk of serious injury were provided and the workmen were instructed to use them.

PART II
Scaffolds and Means of Access (regs 4-19)

4.       Provision of scaffolds and means of access

            (1) Adequate, suitable and safe scaffolds shall be provided and used for all work which cannot safely be done on or from the ground or from any part of the building, or from any part of a permanent structure or from a ladder.

            (2) Sufficient safe means of access shall, so far as is reasonably practicable, be provided and used to every place at which any person is required to work.

5.       Supervision

            No scaffold shall be erected or be substantially altered or added to or be dismantled except under the immediate supervision of a responsible person having adequate experience of such work.

6.       Construction and material

            (1) Every scaffold and every part thereof shall be of good construction, of suitable and sound material and of adequate strength for the purpose for which it is used.

            (2) Timber used for a scaffold shall be in good condition, and have the bark completely stripped off.

            (3) Metal parts used for a scaffold shall be in good condition and free from corrosion or other patent defect likely to affect their strength.

7.       Maintenance

            Every part of a scaffold shall be properly maintained and shall be kept so fixed, secured, constructed or placed in position as to prevent, as far as is practicable, accidental displacement.

8.       Standards, uprights, ledgers and putlogs

            (1) Standards or uprights shall be vertical or lean slightly towards the building or structure.

            (2) Standards or uprights shall be spaced-

     (a)     not more than two metres apart in masons' heavy duty scaffolds;

     (b)     not more than two and a half metres apart in bricklayers' or putlog scaffolds;

     (c)     not more than three metres apart in painters' or light duty scaffolds.

            (3) Ledgers shall be as nearly as possible horizontal and shall be securely fastened to the uprights.

            (4) Putlogs shall be straight and shall be securely fastened to the tops of the ledgers or to the uprights.

            (5) Ledgers and putlogs shall not be fastened by nails.

9.       Support and stability

            (1) Every scaffold shall be securely supported or suspended and shall be sufficiently and properly strutted or braced to ensure stability and, unless it is properly designed and constructed as an independent and stable scaffold, shall be securely anchored to the building or structure.

            (2) Loose bricks, drain pipes, deformed or unsound drums or other unsuitable materials shall not be used for the construction or support of any scaffold extending to more than one metre above the ground or floor on which it is erected.

10.     Trestle scaffolds

            (1) No trestle scaffold shall be used-

     (a)     if it is constructed of more than one tier;

     (b)     if it has a working platform more than three metres above the ground or floor on which it is erected; or

     (c)     unless each trestle rests on firm and level ground or flooring.

            (2) No trestle scaffold shall be erected on a scaffold platform unless the trestles or uprights are adequately secured or braced to prevent displacement.

            (3) No trestle scaffold shall be erected on a suspended scaffold.

            (4) In any timber trestle any cross member or rung used to support a platform shall be securely mortised or notched in the uprights and shall not depend for its support solely on nails, screws, spikes or other similar fixing.

11.     Cantilever or jib scaffold

            No cantilever or jib scaffold shall be used unless it is securely fixed and anchored from the inside.

12.     Working platforms and working stages

            (1) Every working platform from which a person may fall more than two metres shall be closely boarded, planked or plated and be at least half a metre wide:

            Provided that, subject to the provisions of subregulation (2), if the platform is used for the deposit of materials, it shall be at least one metre wide.

            (2) The proviso to subregulation (1) shall not apply to-

     (a)     a working platform on the outside of any sloping roof;

     (b)     the platform of a suspended scaffold or of a trestle scaffold; or

     (c)     a platform under a roof and supported by roof members and used only for the purpose of painting or glazing or other light work.

13.     Boards and planks in working platforms, gangways and runs

            (1) Every board or plank forming part of a working platform-

     (a)     shall be not less than a quarter of a metre wide or, in the case of boards or planks exceeding 50 millimetres in thickness, not less than one-fifth of a metre wide;

     (b)     where the distance between successive putlogs or supports exceeds one metre but does not exceed two metres, shall be not less than 45 millimetres in thickness;

     (c)     where the distance between successive putlogs or supports exceeds two metres but does not exceed three metres, shall be not less than 55 millimetres in thickness; and

     (d)     where the distance between successive putlogs or supports exceeds three metres, shall be not less than 75 millimetres in thickness:

            Provided that the provisions of paragraphs (b) to (d) of this subregulation shall not apply in the case of a platform used by only one man engaged on light work and on which materials are not deposited.

            (2) Every board or plank which forms part of a working platform, gangway or run-

     (a)     shall rest securely and evenly on its supports; and

     (b)     shall not project beyond its end support to a distance exceeding four times its thickness.

14.     Guard rails and toe boards at working places

            Every side of a working platform or working place being a side thereof from which a person may fall more than two metres shall be provided with a suitable strong guard rail or guard rails to a height of at least one metre and with toe boards up to a height of not less than 200 millimetres:

            Provided that the provisions of this regulation shall not apply to trestle scaffolds.

15.     Construction and use of gangways and runs

            (1) Every gangway or run from any part of which a person may fall more than two metres shall be closely boarded, planked or plated and at least half a metre wide:

            Provided that if any such gangway is used for the passage of materials it shall be at least one metre wide.

            (2) All planks forming a gangway or run shall be so fixed and supported as to prevent undue or unequal sagging.

16.     Guard rails for gangways, runs and stairs

            All gangways, runs and stairs from which a person may fall more than two metres shall be provided with suitable strong guard rails at or as near as possible to a height of one metre above the gangway, run or stairs.

17.     Ladders

            (1) Every ladder shall be of good and rigid construction, sound material and adequate for the purpose for which it is used, and shall have evenly spaced rungs not more than one third of a metre apart.

            (2) Timber ladders of less than six metres in length and constructed by a contractor or other person for his own use shall comply with the requirements of subregulation (1).

            (3) No ladder shall be used that has-

     (a)     a missing or defective rung; or

     (b)     any rung which depends solely for its support on nails, screws, spikes or other similar fixing.

            (4) Ladders shall not stand on loose bricks or other loose packing and shall have a firm and level footing.

            (5) Every ladder shall-

     (a)     be secured where necessary to prevent undue swaying or sagging; and

     (b)     be equally and properly supported on each upright.

            (6) Where a ladder is used as a means of communication the ladder shall rise, or adequate handhold shall be provided, to a height of at least one metre above the place of landing.

            (7) Every ladder-

     (a)     shall be securely fixed at its top point of rest; or

     (b)     if fastening at the top point of rest is impracticable, shall have a man stationed at the foot to prevent slipping:

            Provided that this subregulation shall not apply to a ladder less than four metres in length and which is not used as a means of communication if the ladder is securely placed so as to prevent it from slipping or falling.

18.     Openings in roofs, floors and walls

            (1) Every accessible opening in a roof or in a floor of a building, or working platform, working place, gangway or run and every accessible opening in a wall which is less than two-thirds of a metre above the floor, platform or working place being an opening through which a person may fall more than two metres shall be fitted with-

     (a)     a covering to prevent the fall of persons, materials or tools through the opening; or

     (b)     suitable strong guard rails to a height of at least one metre above the edge of the opening together with suitable toe boards at least 200 millimetres high.

            (2) When work is done on or over open joisting the joisting shall be covered over where and to the extent necessary to afford safe access or foothold and to prevent persons falling through the joisting.

19.     Roof work

            (1) When work is done on the outside of any roof which has a pitch of more than 34 degrees or is slippery-

     (a)     sufficient and suitable crawling ladders or crawling boards, which shall be properly secured, shall be provided and used; and

     (b)     arrangements shall be made to prevent any person employed on the roof from falling more than one and one-half metres from the edge of the roof.

            (2) When workmen work or pass on, over or near any roof covering or ceiling of glass or asbestos cement or of other fragile materials through which a person may fall more than two metres-

     (a)     suitable and sufficient ladders, duck ladders or crawling boards which shall be securely supported shall be provided and used; or

     (b)     such other effective measures shall be taken as will prevent the falling of persons through any such roof, covering or ceiling.

PART III
Raising and Lowering - Lifting Machines, Appliances and Gear (regs 20-27)

20.     Slewing or travelling motion

            On every stage, gantry or other place where a lifting machine having a slewing or travelling motion is used, an unobstructed passageway not less than one metre wide shall be maintained between any part of the machine liable so to move and guard rails, fencing or other nearby fixture.

21.     Drums and pulleys

            (1) Every drum or pulley around which the chain or wire rope of any lifting appliance or lifting machine is carried shall be of suitable diameter and construction for the chain or rope used.

            (2) Every chain or rope which terminates at the winding drum of a lifting machine shall be properly secured thereto and at least two turns of such chain or rope shall remain on the drum in every operating position of the machine.

22.     Poles or beams supporting chain blocks, pulley blocks or gin wheels

            No pulley block or gin wheel suspended from or supported by a pole or beam shall be used for raising or lowering unless it is effectively secured to the pole or beam and the pole or beam-

     (a)     is adequately secured at not less than two points;

     (b)     is not supported on a part of a scaffold which also serves as a ledge or putlog; and

     (c)     if secured only to a scaffold, is secured to at least two standards of extension poles of that scaffold.

23.     Cranes with derricking jibs

            On every crane having a derricking jib there shall be provided and maintained an effective interlocking arrangement of sound construction between the derricking clutch and the pawl sustaining the derricking drum, except where-

     (a)     the hoisting drum and the derricking drum are independently driven; or

     (b)     the mechanism driving the derricking drum is self-locking.

24.     Erection

            A crane shall not be erected except under the supervision of a responsible and experienced person.

25.     Signals

            (1) If the person operating a lifting appliance or lifting machine has not a clear and unrestricted view of the load throughout the operation, except at any place where such view is not necessary for safe working, there shall be appointed, and suitably stationed, sufficient competent persons to transmit operating signals to the operator.

            (2) Every signal given for the moving or stopping of a lifting appliance or lifting machine shall be distinctive in character and such that the person to whom it is given is able to hear or to see it clearly; when hand signals are used they shall be the signals shown and described in the First Schedule.

26.     Scotch, guy or tower derrick cranes

            (1) The requirements of this regulation shall, except as otherwise specified, apply only to all scotch derrick, guy derrick or tower derrick cranes.

            (2) The whole of the appliances for the anchorage of a crane shall be examined by a responsible and experienced person on each occasion before the crane is erected.

            (3) Every crane shall, after each erection and before use, be tested in situ for anchorage by a responsible and experienced person, by the imposition on each anchorage of the maximum uplift or pull exerted either-

     (a)     by a load of 25 per cent above the maximum load to be lifted by the crane as erected; or

     (b)     by a less load arranged to exert an equivalent pull on the anchorage, and

a written report of such test, signed and dated by the person undertaking the test and specifying the distinctive number of the crane, a precise description of the place of erection and the maximum load to be lifted by the crane as erected shall forthwith be made and kept readily available for inspection.

            (4) If the maximum load specified in the report mentioned in subregulation (3) as the maximum load to be lifted by the crane as erected is less than the safe working load of the crane, the safe load indicator shall be suitably altered.

            (5) The jib of a scotch derrick crane shall not be erected between the back stays of the crane.

            (6) No load which lies in the angle between the back stays of a scotch derrick crane shall be moved by that crane.

27.     Slings

            (1) A load shall not be raised, lowered or suspended on a chain or wire rope which has a knot tied in any part of the chain or rope under direct tension.

            (2) No chain which is shortened or joined to another chain by means of bolts and nuts shall be used for raising, lowering or suspending any load.

PART IV
Special Provisions as to Hoists (regs 28-35)

28.     Safety of hoistways

            The hoistway of every hoist shall, at all points at which there is access to the hoistway and at which persons may be struck by any moving part of the hoist, be efficiently protected by a substantial enclosure, fence or barrier which effectively prevents any person or any part of a person from being struck by any moving part of the hoist:

            Provided that this provision shall not apply to any point at which access to the hoistway is for the time being necessary for the purpose of loading or unloading goods, plant or material.

29.     Operation of hoists

            (1) The construction and installation arrangements of every hoist shall at any one time be such that it can be operated only from the cage or only from one other position and a hoist shall not be operated from the cage unless the requirements of regulation 32 are complied with.

            (2) If the person operating a hoist has not a clear and unrestricted view of the platform or cage at any stopping point, then effective arrangements shall be made by signallers or otherwise to enable him to stop the platform or cage at the appropriate level.

30.     Hoist winches

            Where a hoist is operated by means of a winch, the winch shall be so constructed that the brake is applied when the control lever, handle or switch is not held in the operating position, and the winch shall not be a winch fitted with a pawl and ratchet gear on which the pawl has to be disengaged before the platform or cage can be lowered.

31.     Safe working load

            (1) The safe working load shall be plainly marked on every hoist platform or cage and no load greater than that load shall be carried:

            Provided that for the purpose of carrying out a test the safe working load may be exceeded by such amount as the authorized person appointed to carry out the test may authorize.

            (2) In the case of a hoist used for carrying persons, the maximum number of persons to be carried at any one time shall be clearly marked, and no greater number of persons shall be carried.

32.     Carriage of persons

            (1) No person shall ride on a hoist unless-

     (a)     there are provided and maintained efficient devices which will support the platform or cage together with its safe working load in the event of failure of the hoisting rope or any part of the hoisting gear; and

     (b)     there are provided and maintained efficient automatic devices which will ensure that the platform or cage does not over-run the highest point to which it is for the time being constructed to travel.

            (2) Where any hoist is not fitted with all the devices mentioned in subregulation (1), a large and easily legible notice shall be exhibited on the platform or cage stating in Setswana and English that the carriage of persons is prohibited.

33.     Testing and examination of hoists

            No hoist shall be used unless-

     (a)     it has been tested and thoroughly examined either by an authorized person or by the manufacturer and there has been obtained a certificate of such test and examination, signed by the person making or responsible for carrying out the test and examination and specifying the safe working load of the hoist and, in the case of a hoist used for carrying persons, the maximum number of persons to be carried at one time;

     (b)     it has been thoroughly examined by an authorized person at least once within the previous six months; and

     (c)     a report of the results of any examination required by paragraph (b) in such form and including such particulars as may be prescribed and signed by the person making the examination has been obtained and is kept readily available for inspection.

34.     Carrying of persons by crane

            No person shall be raised, lowered or carried by a crane except on the driver's platform.

35.     Secureness of loads

            (1) Every part of a load shall be securely suspended or supported whilst being raised or lowered and shall be adequately secured to prevent danger from slipping or displacement.

            (2) No load shall be left suspended from a lifting appliance or lifting machine unless an experienced person is actually in charge of the appliance or machine.

PART V
Excavations (regs 36-38)

36.     Safety of excavations

            (1) Sides of excavations or earthworks shall not be undercut unless adequate and suitable support is provided for the material undercut:

            Provided that this subregulation shall not apply to any necessary undercutting made by a mechanical shovel or other mechanical appliance if effective steps are taken to ensure that no person can be injured if the overhang should collapse.

            (2) Any side of any excavation, opening in the ground, pit or earthwork in rock, soft rock, alluvial soil, gravel, clay, ashes, debris or any other type of ground shall not exceed two and one half metres in height, or, in the case of trenches, less than one and a half metres wide, two metres in height, unless it is securely timbered or shuttered so as to prevent danger to any person employed from a fall or dislodgment of the material forming the side of, or adjacent to, any excavation or earthwork:

            Provided that the requirement of this subregulation shall not apply to any side of an excavation or earthwork which is worked in terraces or benches of less than two and one half metres in height or at a safe angle of slope or batter which should be not less than the angle of repose for the material being excavated or worked.

37.     Fencing of excavations, etc.

            Every accessible part of an excavation, pit, earthwork or opening in the ground into or down the side of which a person employed is liable to fall a vertical distance of more than two metres shall be provided with a suitable barrier to a height of at least one metre and as close as is reasonably practicable to the edge of the excavation, pit, earthwork or opening in the ground.

38.     Access

            In every excavation, pit, earthwork, or opening in the ground, sufficient safe means of access and exit shall be provided for every place where persons are employed.

PART VI
Demolition (reg 39)

39.     Demolition of buildings and structures

            (1) All demolition operations shall be carried out under the immediate supervision of a responsible person adequately experienced in the operations concerned.

            (2) Before demolition is commenced and also during the progress of the work, no electric cable or apparatus which is liable to be a source of danger, other than a cable or apparatus used for the operation, shall remain electrically charged.

            (3) Before demolition is commenced and also during progress of the work precautions shall, where necessary, be taken by adequate shoring or otherwise to prevent the accidental collapse of any part of the building or of any adjoining building.

            (4) Every place where demolition work is carried on shall be so fenced off as to prevent the approach of unauthorized persons and the risk of injury to such persons.

PART VII
Miscellaneous (regs 40-53)

40.     Lighting

            All places where men may work or pass shall be adequately lighted.

41.     Mechanical transport

            Mechanically propelled vehicles and mechanically drawn trailer-vehicles shall-

     (a)     be maintained in efficient working order and in good repair and shall not be used in an improper manner;

     (b)     not be used to carry a load greater than the authorized payload of the vehicles; and

     (c)     not be so loaded as to interfere with the safe driving or operation of the vehicle.

42.     Tramways and transport on rail tracks

            (1) All rails on which any locomotive, truck, wagon or travelling crane moves shall-

     (a)     be of adequate section and have an even running surface;

     (b)     be jointed by fishplates or double chains; and

     (c)     be securely fastened to sleepers or bearers.

            (2) The whole track, whether resting on the ground or raised above it, shall be properly laid and any supports shall be of sufficient strength and maintained in good condition.

            (3) Every rail track shall be provided at each end with adequate stop blocks or buffers.

            (4) Every locomotive, wagon or truck in use shall be properly maintained.

43.     Protection from falling material

            (1) Any place at which any person is habitually employed shall be covered in such manner as to protect any person who is working in that place from being struck by any falling material or article.

            (2) Scaffold materials, tools and other objects and material (including waste material) shall not be thrown, tipped or shot down from a height where they are liable to cause injury, but shall be properly lowered; in any place where proper lowering is not practicable and also where any part of a structure is being demolished or broken off, adequate steps shall be taken to protect persons employed from falling or flying debris.

44.     Loose materials

            (1) Loose materials, when not required for use, shall not be placed or left so as to impede the passage of persons upon platforms, gangways, floors or other places on the site used for such passage, but shall be removed, stacked or stored so as to leave such places free from obstruction.

            (2) Materials shall not be insecurely stacked, or so stacked as to overload and render unsafe any floor or other part of a building.

45.     Construction of temporary structures

            Any temporary structure, propping or shuttering erected for the purpose of operations or works to which these Regulations apply shall be of good construction, sound material and adequate strength and stability, having regard to the purposes for which it is used.

46.     Avoidance of danger from collapse of structure

            (1) All practical precautions shall be taken by the use of temporary guys, stays, supports or fixings or, where necessary, by other means to prevent the collapse of any part of a structure during any temporary state of weakness or instability of the structure or any parts thereof before the structure is completed.

            (2) Where any work is carried on which is likely to reduce the security or stability of any part of an existing building or structure or of a building or structure in course of construction, all practical precautions shall be taken by shoring or otherwise to prevent the accidental collapse of the building or the accidental fall of any part thereof.

47.     Petrol

            (1) Petrol or motor spirit shall be kept or stored in accordance with any regulations for the time being in force governing storage of such substances.

            (2) Petrol or motor spirit shall not be used for cleaning or as a solvent.

            (3) Petrol or motor spirit shall not be decanted from drums, and shall not be removed and dispensed from drums or tanks, except by means of a suitable pump or tap which permits the outflow to be properly controlled.

48.     Electricity

            (1) Within the precincts of any operations or works to which these Regulations apply all live overhead conductors at a voltage normally exceeding extra low voltage provided and used for purposes of or incidental to the operations or works, whether of a public supply or provided by any contractor or employer of workmen, shall be so covered with insulating material, or so guarded and installed, as to prevent, in particular, such danger as may be caused by any contact with such conductors attendant upon the manipulation of crane jibs, metal scaffolding parts, metal ladders and other objects which may be made live by such contact.

            (2) In any locality supplied by electricity by a public supply, any person proposing to undertake any operations to which these Regulations apply shall, before such operations or works are commenced, ascertain whether any live conductor at a voltage normally exceeding extra low voltage, as defined in the Factories (Electricity) Regulations, whether overhead or underground, passes within the vicinity of the proposed works or operations, and, if any such conductor does pass within the vicinity of the proposed works or operations, whether such conductor is the property of the public supplier or of any other person, the person proposing to undertake the works or operations shall forthwith notify the public supplier and the owner of such conductor in writing of his intention to commence such operations or works and of the nature of the operations or works and the precise place at which they are to take place.

            (3) On receipt of such notice, with which shall be furnished such further information as to the nature and situation of the conductor as he may require, the public supplier shall issue such directions as he considers necessary to prevent danger from contact with the conductor while live and no person shall employ any person at such operations or works until such directions are complied with:

            Provided that-

      (i)     if, in any case where such directions of the public supplier have been complied with, any person suffers loss or bodily injury by reason of any contact with a conductor while live, the public supplier shall not be liable in respect of such loss or injury solely by reason of the fact that the directions, although complied with, did not prevent danger; and

      (ii)     any person who undertakes any operations or works to which these Regulations apply shall not avoid liability for loss or bodily injury resulting from contact with any conductor while live solely by reason of the fact that he complied with the directions issued by the supplier.

            (3) In this regulation "conductor", "covered with insulating material", "danger", "extra low voltage", "live", and "public supply" have the same meanings as in the Factories (Electricity) Regulations, and "public supplier" shall be construed accordingly.

49.     Prevention of drowning

            (1) Where on or adjacent to the site of any operations or works to which these Regulations apply there is water into which a person employed is, in the course of his employment, liable to fall with risk of drowning, suitable rescue equipment shall be provided and kept ready for use and steps shall be taken to arrange for the prompt rescue of any such person in danger of drowning.

            (2) Where appropriate and reasonably practicable, fencing not less than one metre in height shall be erected near the water to prevent such fall.

50.     First-aid

            (1) At any site where more than 10 persons are employed in operations or works to which these Regulations apply there shall be provided and maintained so as to be readily accessible a first-aid box or cupboard to the standard set out in the Second Schedule:

            Provided that this subregulation shall not apply to any operations or works which in the normal course of events would be completed in a period of less than three days.

            (2) If required by the chief inspector, where more than 100 persons are employed on any site at any time in operations or works to which these Regulations apply, there shall be provided and available ready for use at the site-

     (a)     such stretchers of a pattern approved by the chief inspector as the chief inspector may order; and

     (b)     a vehicle approved by the chief inspector as suitable for the transport of injured persons on stretchers.

51.     Protection of eyes and provision of protective clothing and appliances

            (1) Where there is carried-on any process specified in the Third Schedule, suitable goggles or effective screens shall be provided to protect the eyes of the persons employed in the process.

            (2) Where there is carried-on any process, in addition to the processes specified in the Third Schedule, that involves exposure to danger from falling objects or any injurious or offensive substances, suitable protective clothing and appliances, including, where necessary, suitable gloves, footwear, head coverings or any other necessary clothing or appliance required by the chief inspector shall be provided and maintained for the use of the persons employed.

52.     Registers, certificates, etc.

            Registers, reports and certificates required by these Regulations shall at all reasonable times be open to inspection by any inspector, and the person keeping any such register, report or certificate shall send to any such inspector such extracts therefrom or copies thereof as he may from time to time require for the purposes of the execution of his duty under these Regulations.

53.     Notification of accidents and dangerous occurrences

            The requirements of section 57 of the Act, in respect of the notification of accidents and dangerous occurrences to the chief inspector, shall apply to all building operations and works of engineering construction to which these Regulations apply, and the provisions of section 70 of the Act shall apply to all building operations and works of engineering construction to which these Regulations apply.

FIRST SCHEDULE
HAND SIGNALS TO BE USED WHEN RAISING OR LOWERING

(reg. 25)

HOIST LOAD

With forearm vertical and forefinger pointing upwards, move hand in a horizontal circle.

LOWER LOAD

With arm extended and palm downwards, wave hand down and up.

STOP

With arm extended and palm downward, hold position rigidly.

EMERGENCY STOP

With arm extended and palm downward, move arm rapidly to right and left.

RAISE JIB

With fingers clenched and thumb pointing upward, move hand up and down.

LOWER JIB

With fingers clenched and thumb pointing downward move hand down and up.

SLEW JIB

With arm extended, point forefinger in direction of travel.

SECOND SCHEDULE
FIRST-AID EQUIPMENT

(reg. 50)

1.  Each first-aid box or cupboard shall contain at least-

       (i)     a copy of the first-aid leaflet (LDF Form 43) issued by the Department of Labour and Social Security;

      (ii)     12 finger dressings or 12 small elastic adhesive wound dressings;

     (iii)     six medium medicated wound dressings or six medium elastic adhesive wound dressings;

      (iv)     six large medicated wound dressings or six large elastic adhesive wound dressings;

      (v)     six small burn dressings;

      (vi)     two medium burn dressings;

     (vii)     one large burn dressing;

    (viii)     three 100 grammes cartons of cotton wool;

     (ix)     100 grammes of antiseptic solution;

      (x)     100 grammes of factory eye-drops;

     (xi)     one camel hair brush.

2.  At any site where more than 100 persons are employed at any time in operations or works to which these Regulations apply, each first-aid box or cupboard shall, in addition to the aforementioned items, contain-

       (i)     tourniquet;

      (ii)     12 roller bandages of four centimetres width or wider;

     (iii)     12 triangular bandages;

      (iv)     a supply of safety pins;

      (v)     a pair of scissors;

      (vi)     a pair of forceps;

     (vii)     a lotion bowl or dish;

    (viii)     a supply of suitable splints and material for padding;

     (xi)     four blankets.

THIRD SCHEDULE
PROCESSES REQUIRING THE PROVISION OF SUITABLE GOGGLES
OR EFFECTIVE SCREENS

(reg. 51)

1.  Cutting, dressing or carrying of stone, concrete or similar material.

2.  Chipping or scaling of painted or corroded metal surfaces or wire brushing of such surfaces.

3.  Cutting out or cutting off of cold rivets or bolts.

4.  Welding or cutting of metals by means of an electrical, oxyacetylene or similar process.

5.  The spraying of any hot bitumen, bituminous compound, or tar.

6.  Sand-blasting.

7.  Cement spraying

8.  The use or manipulation of quicklime.

FACTORIES (NOTIFICATION OF ACCIDENTS AND DANGEROUS OCCURRENCES) REGULATIONS

(under section 55)

(1st January, 1979)

ARRANGEMENT OF REGULATIONS

REGULATION

 

                 1.        Citation

                 2.        Notification of accident or dangerous occurrence

 

S.I. 49, 1974.

1.       Citation

            These Regulations may be cited as the Factories (Notification of Accidents and Dangerous Occurrences) Regulations.

2.       Notification of accident or dangerous occurrence

            If an accident occurs in a factory and it-

     (a)     causes loss of life to a person employed in that factory; or

     (b)     disables any such person for more than three days from earning full wages at the work at which he was employed, or

a dangerous occurrence, as specified in the Fifth Schedule to the Act, occurs in a factory, whether death or disablement is caused or not, the occupier of the factory must forthwith give written notice of such accident or dangerous occurrence to the chief inspector on Form LDF 60 obtainable from all labour officers and District Commissioners.

FACTORIES (PLANT EXAMINATION FEES) REGULATIONS

(under section 55)

(1st January, 1979)

ARRANGEMENT OF REGULATIONS

REGULATION

 

                 1.        Citation

                 2.        Application

                 3.        Interpretation

                 4.        Fees

 

                            First Schedule - Basic Fees for Examination of Hoists and Lifts

                            Second Schedule - Basic Fees for Examination of Overhead Travelling Cranes and other Lifting Machines

                            Third Schedule - Basic Fees for Examination of Lifting Appliances

                            Fourth Schedule - Basic Fees for Examination of Lifting Gear

                            Fifth Schedule - Basic Fees for Examination of Steam Boilers when Cold

                            Sixth Schedule - Basic Fees for Examination of Steam Receivers

                            Seventh Schedule - Basic Fees for Examination of Air Receivers

                            Eighth Schedule - Additional Fees

 

S.I. 50, 1974.

1.       Citation

            These Regulations may be cited as the Factories (Plant Examination Fees) Regulations.

2.       Application

            These Regulations shall apply to any inspection, examination or test of a pressure vessel, lifting machine, lifting appliance, hoist or lift, or item of lifting gear carried out for the purposes of the Act or of any regulations made thereunder when carried out by a public officer authorized or approved by the chief inspector to carry out any such inspection, examination or test.

3.       Interpretation

            In these Regulations, unless the context otherwise requires-

            "builder's hoist" means a barrow hoist or similar machine or appliance used or intended to be used for the purposes of building or construction, but does not include any such machine or appliance which is not a hoist or lift within the meaning of the Act;

            "nominal safe working load", in relation to any lifting machine or lifting appliance, means that specified in the certificate of test issued by or on behalf of the manufacturer, or by an authorized person, or, if such a certificate is not available, the safe working load of the machine or appliance by calculation;

            "overhead travelling crane" means a movable girder or similar structure, incorporating a lifting machine or lifting appliance, arranged to travel on fixed rails elevated above the floor or ground;

            "supplementary examination", in relation to any pressure vessel, means any examination, inspection or test carried out subsequently to, and in addition to, any thorough examination and which, in the opinion of the person making such thorough examination, is necessary to ensure the safe working of the vessel.

4.       Fees

            The appropriate basic fee and, where applicable, the appropriate additional fee shall be paid in respect of every examination or test to which these Regulations apply, as follows-

     (a)     for each examination of a hoist or lift described in the second column of the First Schedule, the fee mentioned in the third column of the said Schedule in the case of a hoist or lift operated by mechanical power, and in the fourth column of the said Schedule in the case of a manually operated hoist or lift, and set opposite to that description;

     (b)     for each examination of a lifting machine described in the second column of the Second Schedule, the fee mentioned in the third column of the said Schedule in the case of a lifting machine operated by mechanical power, and in the fourth column in the case of a manually operated lifting machine, and set opposite to that description;

     (c)     for each examination of a lifting appliance described in the second column of the Third Schedule, the fee mentioned in the third column of the said Schedule in case of a lifting appliance operated by mechanical power, and in the fourth column in the case of a manually operated lifting appliance, and set opposite to that description;

     (d)     for each examination of an item of lifting gear described in the second column of the Fourth Schedule, the fee mentioned in the third column of the said Schedule, and set opposite to that description;

     (e)     for each examination of a steam boiler described in the second column of the Fifth Schedule, the fee mentioned in the third column of the said Schedule, and set opposite to that description;

     (f)      for each examination of a steam receiver described in the second column of the Sixth Schedule, the fee mentioned in the third column of the said Schedule, and set opposite to that description;

     (g)     for each examination of an air receiver described in the second column of the Seventh Schedule, the fee mentioned in the third column of the said Schedule, and set opposite to that description;

     (h)     for each hydraulic test of a pressure vessel, that proportion of the appropriate basic fee mentioned in the third column of item 1 of the Eighth Schedule;

     (i)      for each load test of a lifting machine or lifting appliance, that proportion of the appropriate basic fee mentioned in the third column of item 2 of the Eighth Schedule;

     (j)      for each supplementary examination of a pressure vessel, that proportion of the appropriate basic fee mentioned in the third column of item 3 of the Eighth Schedule.

FIRST SCHEDULE
BASIC FEES FOR EXAMINATION OF HOISTS AND LIFTS

 

 

Basic fee per unit

Category

Description

Power
operated

Manually operated

 

 

P

P

L. 1    (a)

Hoists or lifts

20

10

          (b)

Builder's hoists

15

-

 

SECOND SCHEDULE
BASIC FEES FOR EXAMINATION OF OVERHEAD TRAVELLING CRANES AND OTHER LIFTING MACHINES

 

 

Basic fee per unit

Category

Description

Power
operated

Manually operated

 

Overhead travelling cranes

P

P

L. 2    (a)

Overhead travelling cranes having a nominal safe working load of more than 20 000 kg

50

30

          (b)

Overhead travelling cranes having a nominal safe working load of between 10 000 kg and 20 000 kg

30

25

          (c)

Overhead travelling cranes having a nominal safe working load of more than 5 000 kg but less than 10 000 kg

25

15

          (d)

Overhead travelling cranes having a nominal safe working load of 5 000 kg or less

15

10

 

Lifting machines other than overhead travelling cranes

 

 

          (e)

Lifting machines having a nominal safe working load of more than 10 000 kg

25

15

          (f)

Lifting machines having a nominal safe working load of more than 5000 kg but less than 10 000 kg

20

13

          (g)

Lifting machines having a nominal safe working load of more than 2 000 kg but not exceeding 5 000 kg

15

10

          (h)

Lifting machines having a nominal safe working load of 20 kg or less

10

6

 

THIRD SCHEDULE
BASIC FEES FOR EXAMINATION OF LIFTING APPLIANCES

 

 

Basic fee per unit

Category

Description

Power
operated

Manually operated

 

 

P

P

L. 3    (a)

Chain blocks having a nominal safe working load of 10 000 kg or over

15

10

          (b)

Chain blocks having a nominal safe working load of more than 5 000 kg but less than 10 000 kg

10

6

          (c)

Chain blocks having a nominal safe working load of more than 3 000 kg but less than 5 000 kg

7

4

          (d)

Chain blocks having a nominal safe working load of less than 3 000 kg

5

3

          (e)

Pulley blocks or gin wheels

-

2

 

FOURTH SCHEDULE
BASIC FEES FOR EXAMINATION OF LIFTING GEAR

Category

Description

Basic fee per unit

L. 4    (a)

Chains, chain sling ropes or wire rope slings

50 thebe per running metre

          (b)

Rings, hooks, shackles, swivels or eye bolts

30 thebe per item

 

FIFTH SCHEDULE
BASIC FEES FOR EXAMINATION OF STEAM BOILERS WHEN COLD

Category

Category
Description

Description
Basic fee per unit

P. 1    (a)

Water tube boilers having an evaporative capacity of more than 11 000 kg per hour

P50 plus P2 per 500 kg per hour evaporation or part thereof in excess of 11 000 kg per hour

 

 

P

          (b)

Water tube boilers having an evaporative capacity of between and including 4 500 kg and 11 000 kg per hour

50

          (c)

Water tube boilers having an evaporative capacity less than 4500 kg per hour

40

          (d)

Locomotive type, horizontal, multitubular, Lancashire, Cornish or externally fired shell type boilers other than boilers in categories P.1(e), P.1(f) or P.1(j)

45

          (e)

Vertical, vertical cross tube, or vertical multitubular boilers other than boilers in categories P.1(f) or P.1(j)

35

          (f)

Boilers less than 800 millimetres in diameter other than boilers in category P.1(j)

25

          (g)

Economizers

15

          (h)

Superheaters

10

          (i)

Steam tube ovens or steam tube hotplates

22

          (j)

Medical sterilizer boilers

5

 

SIXTH SCHEDULE
BASIC FEES FOR EXAMINATION OF STEAM RECEIVERS

Category

Description

Basic fee per unit

 

 

P

P. 2    (a)

Steam receivers of diameter 800 mm or over

15

          (b)

Steam receivers of diameter less than 800 mm

8

          (c)

Steam receivers not of circular shape

8

 

SEVENTH SCHEDULE
BASIC FEES FOR EXAMINATION OF AIR RECEIVERS

Category

Description

Basic fee per unit

 

 

P

P. 3    (a)

Air receivers of diameter 900 mm or over

10

          (b)

Air receivers of diameter less than 900 mm

8

 

EIGHTH SCHEDULE
ADDITIONAL FEES

1.  Each hydraulic test of a pressure vessel

40 per cent of the appropriate basic fee

2.  Each load test of a lifting machine, lifting appliance, hoist or lift or item of lifting gear

40 per cent of the appropriate basic fee

3.  Each supplementary examination or test of a pressure vessel

20 per cent of the appropriate basic fee

 

FACTORIES (WOODWORKING) REGULATIONS

(under section 55)

(1st January, 1979)

ARRANGEMENT OF REGULATIONS

REGULATION

 

                 1.        Citation

                 2.        Application and obligation

                 3.        Interpretation

                 4.        Machine controls

                 5.        Working space

                 6.        Floors

                 7.        Lighting

                 8.        Underground rooms

                 9.        Wet sawing

                10.        Training and supervision

                11.        Circular saws

                12.        Provision of push-stick with circular saws

                13.        Swing saws

                14.        Band saws

                15.        Planing machines

                16.        Overhand planing

                17.        Thicknessing

                18.        Provision of guard for machines

                19.        Work performed without guard

                20.        Provision of push-stick

                21.        Chain mortising machines

                22.        Tools and blades

                23.        Use of guards and appliances

                24.        Other safeguards

                25.        Duties of persons employed

 

S.I. 51, 1974.

1.       Citation

            These Regulations may be cited as the Factories (Woodworking) Regulations.

2.       Application and obligation

            (1) These Regulations shall apply to all sawmills, and all other factories and building operations and works of engineering construction undertaken by way of trade or business or for the purpose of any industrial or commercial undertaking in which any woodworking machine is used.

            (2) The provisions of these Regulations shall, in their application to any such building operations or works of engineering construction, have effect as if any place where such operations or works are carried on were a factory and any person undertaking or carrying on any such operations or works were the occupier of a factory.

            (3) A printed copy of these Regulations shall be kept posted in every factory or place to which they apply.

3.       Interpretation

            In these Regulations, unless the context otherwise requires-

            "circular saw" means a circular saw working in a bench (including a rack bench) for the purpose of ripping, deep-cutting or cross-cutting but does not include a swing saw or other saw which is moved towards the wood;

            "gauge" means the Imperial Standard Wire Gauge;

            "plain band saw" means a band saw, other than a log saw or band resawing machine, the cutting portion of which runs in a vertical direction;

            "planing machine" includes a machine for overhand planing or for thicknessing;

            "swing saw" means a revolving saw mounted in a frame, column or chassis which is suspended from a pivot above a table, bench or other support, on which the stock is placed and which is operated by being pulled across the table, bench or other support on which stock is placed;

            "underground room" means a room any part of which is so situated that half or more than half the whole height thereof measured from the floor to the ceiling is below the surface of the ground adjoining or nearest to the room;

            "woodworking machine" means a circular saw, swing saw, plain band saw, planing machine, vertical spindle moulding machine, overhead routing machine or chain mortising machine, operating on wood.

4.       Machine controls

            Every woodworking machine shall be provided with an efficient stopping and starting appliance, and the control of this appliance shall be in such a position as to be readily and conveniently operated by the person in charge of the machine; such control shall be so arranged as to avoid as far as is reasonably practicable accidental or inadvertent operation.

5.       Working space

            A clear, unobstructed space shall be maintained for at least two metres around every woodworking machine while in motion:

            Provided that this requirement shall not apply to-

      (i)     any stock necessarily placed within that area; and

      (ii)     the backs of swing saws and the side of any machine (not being a working side) adjacent to a wall.

6.       Floors

            (1) The floor of every mill, room or place in which timber or wood is sawn or worked by machines shall-

     (a)     be firm, sound and level; and

     (b)     be constructed of wood or of concrete or in any other manner approved by the chief inspector:

            Provided that in sawmills the requirements of this subregulation shall apply only to any part of the floor where men work or pass and to those parts of the floor which are within two metres of any part of a machine used for working or cutting timber or wood.

            (2) Boards or other covers of pits or trenches shall be level with the adjoining floor and shall not shift or move when trodden upon.

            (3) Any holes in the floor which it is impracticable to cover securely shall be securely fenced all round to a height of at least one metre.

            (4) The floor surrounding every woodworking machine shall be maintained in good and level condition, free from chips or other loose material as far as practicable, and shall not be allowed to become slippery.

7.       Lighting

            (1) The lighting at any woodworking machine shall be sufficient and suitable having regard to the machine and the nature of the work.

            (2) Without prejudice to the generality of the foregoing requirement, in any joinery, woodworking or cabinet making workshop the level of illumination at the point of operation of the blade or tool of any handfed machine operating on wood shall be sufficiently adequate to ensure safe operation of the machine blade or tool.

            (3) Where the natural light at a woodworking machine is inadequate and can be improved by the provision of additional or better windows not involving serious structural alteration, or by whitening the walls or the inside roof of the factory, or by any other reasonable means, the occupier shall take such steps as may be necessary to improve the natural light at such machine.

            (4) The means of artificial lighting for every woodworking machine shall be adequate and shall be so placed or shaded as to prevent direct rays of light from impinging on the eyes of the operator while he is operating such machine.

8.       Underground rooms

            No woodworking machine shall be worked in any underground room which is certified by the chief inspector to be unsuitable for the purpose as regards construction, light, ventilation or in any other respect.

9.       Wet sawing

            Whenever water is applied to the cutting blade of a machine in motion-

     (a)     the water shall be applied only by means of a fine spray; and

     (b)     all practicable steps shall be taken by means of baffles, hoods and screens or other methods to prevent the outsplash of water and wet waste, and, in particular, the floor immediately surrounding the machine shall not be allowed to become slippery.

10.     Training and supervision

            (1) Every person while being trained to work a woodworking machine shall be fully and carefully instructed as to the dangers arising in connection with such machine and the precautions to be observed.

            (2) No person shall be employed at a woodworking machine unless he has been sufficiently trained to work that class of machine or unless he works under the adequate supervision of a person who has a thorough knowledge of the working of the machine.

11.     Circular saws

            Every circular saw shall be fenced as follows-

     (a)     the part of the saw below the bench table shall be protected by two plates of metal cheek plates or other suitable material, one on each side of the saw; such plates shall not be more than 150 millimetres apart and shall extend from the axis of the saw outwards to a distance of not less than 50 millimetres beyond the teeth of the saw; metal plates if not beaded shall be of a thickness at least equal to 14 gauge, or, if beaded, be of a thickness equal to 20 gauge;

     (b)     behind and in direct line with the saw there shall be a suitable riving knife, which shall be slightly thicker than the blade of the saw and slightly thinner than the saw kerf, and which shall have a smooth surface, shall be strong, rigid, and easily adjustable, and which shall also conform to the following conditions-

           (i)       the edge of the knife nearer the saw shall form an arc of a circle having a radius not exceeding the radius of the largest saw used on the bench;

          (ii)       the knife shall be maintained as close as practicable to the saw, having regard to the nature of the work being done at the time, and at the level of the bench table the distance between the front edge of the knife and the teeth of the saw shall not exceed 15 millimetres;

          (iii)       for a saw of a diameter of less than 600 millimetres, the knife shall extend upwards from the bench table to within 25 millimetres of the top of the saw, and for a saw of a diameter of 600 millimetres or over shall extend upwards from the bench table to a height of at least 225 millimetres;

     (c)     the top of the saw shall be covered by a strong and easily adjustable guard, with a flange at the side of the saw farthest from the guide fence; such guard shall be kept so adjusted that the said flange shall extend below the roots of the teeth of the saw; and such guard shall extend from the top of the riving knife to a point as low as practicable at the cutting edge of the saw;

     (d)     the bench of every circular saw shall be smooth and flat.

12.     Provision of push-stick with circular saw

            A suitable push-stick shall be kept available for use at the bench of every circular saw which is fed by hand, so as to enable the work to be carried out without unnecessary risk.

13.     Swing saws

            The following provisions shall apply to every swing saw-

     (a)     the top half of the blade shall be completely and securely covered as far as is practicable without fouling the stock being worked;

     (b)     the worktable, bench or support shall be firm, level and smooth, provided that no account shall be taken of any rollers in any table or bench; the table, bench or support shall be at right angles to the swing of the saw; a back rail against which the stock may be rested shall be fitted along the back of the bench, table or support; the rail shall be as high as is practicably compatible without fouling any part of the machine;

     (c)     there shall be provided and maintained an effective device which automatically returns the saw to the back position when released at any point of its travel; such device shall not depend for its proper functioning on any rope, cord or spring; the saw shall not be deemed to be in the back position until the front edge of the saw is at least 25 millimetres behind the front edge of the back rail; if the device includes a counterweight, effective means shall be provided for preventing the fall of the counterweight;

     (d)     as much as practicable of the teeth of the saw shall be securely guarded whenever the saw is in the back position;

     (e)     all practical steps shall be taken by the provision of soft buffer pads or otherwise to prevent the saw rebounding from the back position;

     (f)      limit chains or other effective devices shall be provided and maintained to prevent the front edge of the saw from being pulled beyond the front edge of the work table.

14.     Band saws

            Every plain band saw shall be guarded as follows-

     (a)     both sides of the bottom pulley shall be completely encased by sheet metal or other suitable material;

     (b)     the front of the top pulley shall be covered with sheet metal or other suitable material;

     (c)     all portions of the blade shall be enclosed, or otherwise securely guarded, except the portion of the blade between the bench table and the top guide.

15.     Planing machines

            No planing machine which is not mechanically fed shall be used for overhand planing unless it is fitted with a cylindrical cutter block.

16.     Overhand planing

            Every planing machine used for overhand planing shall be provided with a substantial metal bridge guard capable of covering the full length and breadth of the cutting slot in the bench and so constructed as to be easily adjusted in a vertical and horizontal direction.

17.     Thicknessing

            In every planing machine used for thicknessing, except a combined machine for overhand planing and thicknessing-

     (a)     the feed roller shall be provided with an efficient guard; and

     (b)     the blades shall be effectively guarded by hoods, chip chutes or other enclosures so, however, that no regard shall be had of any exposure of the blades necessary for working the stock or material.

18.     Provision of guard for machines

            The cutter of every vertical spindle moulding machine and of every over-head routing machine shall, where practicable, be provided with an efficient guard having regard to the nature of work being performed.

19.     Work performed without guard

            For such work as cannot be performed with an efficient guard for the cutter, the wood being moulded at a vertical spindle moulding machine shall, if practicable, be held in a jig or holder of such construction as to reduce as far as possible the risk of accident to the worker.

20.     Provision of push-stick

            A suitable spike or push-stick shall be kept available for use at the bench of every vertical spindle moulding machine.

21.     Chain mortising machines

            The chain of every chain mortising machine shall be provided with a guard which shall enclose the cutters as far as practicable.

22.     Tools and blades

            (1) All tools, blades and cutting instruments of woodworking machines and other machines operating on wood shall be free from patent defect, properly maintained, and kept clean, properly ground and sharpened, and properly set.

            (2) Without prejudice to the generality of the requirement specified in subregulation (1), no saw which is cracked shall be used in any circular saw.

23.     Use of guards and appliances

            (1) The guards and other appliances required by these Regulations shall be maintained in an efficient state and shall be constantly kept in position while the machinery is in motion, except when, owing to the nature of the work being done, the use of the guards or appliances is rendered impracticable.

            (2) The guards shall be so adjusted as to enable the work to be carried on without unnecessary risk.

24.     Other safeguards

            Regulations 11, 13, 14, 16 and 17 shall not apply to any woodworking machine in respect of which it can be shown that other safeguards are provided and maintained which render the machine equally safe as it would be if guarded in the manner prescribed by these Regulations.

25.     Duties of persons employed

            Every person employed on a woodworking machine shall-

     (a)     use and maintain in proper adjustment the guards provided in accordance with these Regulations; and

     (b)     use the spikes or push-sticks and holders provided in compliance with regulations 12, 19 and 20,

except when, owing to the nature of the work being done, the use of the guards or appliances is rendered impracticable.

FACTORIES (METAL ROOFS AND WALLS) REGULATIONS

(under section 55)

(1st January, 1979)

ARRANGEMENT OF REGULATIONS

REGULATION

 

                 1.        Citation

                 2.        Interpretation

                 3.        Roofs

                 4.        Windows

                 5.        Metal walls

                 6.        Period for compliance

                 7.        Maintenance of treatment

 

S.I. 53, 1974.

1.       Citation

            These Regulations may be cited as the Factories (Metal Roofs and Walls) Regulations.

2.       Interpretation

            In these Regulations, unless the context otherwise requires-

            "metal sheeting" does not include aluminium sheets the external surface of which are polished;

            "roof" means a roof made of metal sheeting.

3.       Roofs

            The outside of every part of the roof of a factory which is directly above any workroom or workplace within the factory shall be painted, and from time to time repainted, with white paint or aluminium paint or shall be otherwise treated in such manner and at such intervals as the chief inspector may approve in writing:

            Provided that the provisions of this regulation shall not apply to any roof or part of a roof-

      (i)     which has a ceiling or is otherwise insulated (to the satisfaction of the chief inspector) against the transmission of solar heat;

      (ii)     of which no part thereof is five metres or more above every floor or platform on which persons are employed;

     (iii)     of new galvanized corrugated iron for a period of 12 months from the date on which its construction was completed.

4.       Windows

            For the purposes of mitigating heat or glare, an inspector may require that any window or panel of transparent material in a roof shall be painted, and from time to time repainted, with a coat of white paint either on the inside or on the outside surface.

5.       Metal walls

            If any person is employed inside a factory within three metres of any metal wall of the factory which is exposed to the sun an inspector may require-

     (a)     that the outside wall shall be painted and from time to time repainted, with white paint or aluminium paint or shall be otherwise treated in such a manner as he may approve; or

     (b)     that any person so employed shall be adequately screened from the effect of the radiant heat emanating from the wall.

6.       Period for compliance

            Any requisition given by an inspector pursuant to the provisions of regulation 4 or 5 shall be complied with within one month of the date of the requisition.

7.       Maintenance of treatment

            All painting, treating, screening or other insulation required by these Regulations, or by an inspector pursuant to these Regulations, shall be effectively maintained to the satisfaction of an inspector.

FACTORIES (NOTIFICATION OF INDUSTRIAL DISEASES) REGULATIONS

(under section 55)

(1st January, 1979)

 ARRANGEMENT OF REGULATIONS

REGULATION

 

                 1.        Citation

                 2.        Application

 

                            Schedule - Notification of Industrial Diseases

 

S.I. 54, 1974.

1.       Citation

            These Regulations may be cited as the Factories (Notification of Industrial Diseases) Regulations.

2.       Application

            If the occupier of any factory suspects or believes, or has reasonable ground for suspecting or believing, that any case of industrial disease (as set out in the Sixth Schedule to the Act) has occurred in the factory, he must, forthwith, give written notice of such disease to the chief inspector in the form set out in the Schedule.

SCHEDULE
NOTIFICATION OF INDUSTRIAL DISEASES

FACTORIES ACT

(section 58)

1.  Name of occupier ..........................................................................................................

2.  Address of premises where industrial disease occurred ....................................................

     ....................................................................................................................................

3.  Person affected by the industrial disease:

     (a)      Name .................................................................................................................

     (b)      Age ....................................................................................................................

     (c)      Sex: Male/Female (delete as necessary) ..............................................................

4.  Industrial disease:

     (a)      Name of industrial disease ...................................................................................

     (b)      How long has person been affected? .....................................................................

     (c)      Has affected person been treated by a medical practitioner or at a hospital? If so, give name and address ...............................................................................................

              ..........................................................................................................................

     (d)      Has affected person been unable to earn full wages at the work at which he was employed at the time prior to being affected by the industrial disease? If so, for what period?

              ..........................................................................................................................

Date ......................................................

...................................................................
Signature of Occupier

For Official Use Only

1.  Date of receipt of notification ..........................................................................................

2.  Action (if any) to be taken ..............................................................................................

Date .......................................................

..................................................................
Chief Inspector of Factories

 

FACTORIES (VOLATILE PAINT) REGULATIONS

(under section 55)

(1st January, 1979)

ARRANGEMENT OF REGULATIONS

REGULATION

 

                 1.        Citation

                 2.        Application

                 3.        Interpretation

                 4.        Obligation of factory occupier

                 5.        Restrictions on spraying

                 6.        Use of booths

                 7.        Construction, etc., of booths

                 8.        Ventilation of booths

                 9.        General precautions against fire

                10.        Storage

                11.        Fire extinguishers

                12.        Waste material

                13.        Removal of solid residues

                14.        Display of "No Smoking" sign

 

S.I. 55, 1974.

1.       Citation

            These Regulations may be cited as the Factories (Volatile Paint) Regulations.

2.       Application

            These Regulations shall apply to all factories in which volatile paint is used, manipulated or sprayed.

3.       Interpretation

            In these Regulations, unless the context otherwise requires-

            "cabinet booth" means a cabinet or similar structure within which volatile paint is sprayed, manipulated or used by an operator standing outside such cabinet or similar structure;

            "fire-resistant material" means-

     (a)     properly constructed brickwork not less than 112 millimetres in thickness and faced with cement rendering at least 12 millimetres in thickness;

     (b)     reinforced concrete not less than 75 millimetres in thickness;

     (c)     suitable hardwood not less than 50 millimetres in finished thickness;

     (d)     glass not less than eight millimetres in thickness in the centre of which wire mesh is embedded;

     (e)     the case of ducts, trucks or casings, iron or steel;

     (f)      wood completely and securely covered on both sides with compressed asbestos not less than six millimetres in thickness; or

     (g)     any other material approved in writing by the chief inspector;

            "flash point", of a substance, means the lowest temperature at which the substance yields a vapour which will furnish a momentary flash or flame when tested by the standard method for determining the flash point of petroleum;

            "inflammable liquid" means any liquid or mixture of liquids used or intended for use in connection with paint which has a flash point of less than 38°C;

            "room booth" means a room or part of a room within which volatile paint or inflammable liquids are sprayed, manipulated or used otherwise than in a cabinet booth;

            "volatile paint" means any paint, lacquer, pigment, varnish, drying oil or any other painting material containing any inflammable liquid and being of a volatile nature.

4.       Obligation of factory occupier

            It shall be the duty of every factory occupier to which these Regulations apply to keep posted up in the factory a printed copy of these Regulations.

5.       Restrictions on spraying

            The spraying of volatile paint shall not be carried on in any factory unless the occupier thereof has notified the chief inspector, in writing, of his intention to spray such paint therein and has received from the chief inspector an acknowledgement of that notice and such acknowledgement is kept attached to the general register of the factory.

6.       Use of booths

            Volatile paint shall not be sprayed, manipulated or used except-

     (a)     in a room booth; or

     (b)     in a cabinet booth:

            Provided that the provisions of this regulation shall not apply to paint sprayed, manipulated or used for the purpose of application to any parts of the structure or fittings of any building.

7.       Construction, etc., of booths

            (1) Every cabinet booth shall be completely closed except insofar as openings are necessary for the purpose of the work or for the operation of the ventilating apparatus required by regulation 8.

            (2) Every room booth shall be separated by enclosure from every other part of the building or room except insofar as openings are necessary for the purpose of the work or for the operation of the ventilating apparatus required by regulation 8.

            (3) Every cabinet booth and all walls, partitions, doors, windows, floors, tops and ceilings enclosing or forming part of the enclosure of any room booth shall be constructed of fire-resistant material.

            (4) All ducts, trunks or casings used in connection with the means of ventilation required by regulation 8 shall be constructed of fire-resistant material.

8.       Ventilation of booths

            (1) Every cabinet booth and room booth shall be adequately ventilated by mechanical means in order to remove from the building any vapour or volatile paint or inflammable liquids and, to prevent their escape into any occupied room or work-place, such ventilation shall be kept in progress for at least five minutes after the cessation of any process in the manipulation or use of volatile paints or inflammable liquids.

            (2) Ventilation shall not be considered adequate unless-

     (a)     the air is extracted from as low a level as practicable;

     (b)     arrangements are made as far as is practicable to render it unnecessary for the person operating the spray to be in a position between the ventilating outlet and the article being sprayed;

     (c)     in the case of a cabinet booth, air is extracted from the booth at least at the rate of three cubic metres per minute for each one-tenth of a square metre of area of openings in the booth; and

     (d)     in the case of a room booth-

           (i)       the air is extracted from the booth at least at the rate of one and a half cubic metres for each one-tenth of a square metre of area of cross section of the booth measured at right angles to the flow of air, and

          (ii)       there are no air intakes into the booth other than those so placed that the spraying area is at all times between them and the ventilating appliance.

9.       General precautions against fire

            (1) No fire, flame, open light or other agency likely to ignite volatile paint or inflammable liquids or the vapours thereof shall be allowed within six metres of any room booth, or any place where volatile paint or inflammable liquids are used, manipulated or stored unless effectively separated therefrom by means of intervening fire-resistant material.

            (2) All electrical wiring, apparatus and equipment, whether fixed, portable or transportable in any booth, shall be of a suitable flameproof type.

            (3) For the purposes of subregulation (2) any electric motor and its associate wiring and apparatus used in connection with the ventilating apparatus required by regulation 8 and through or past which air withdrawn from a booth is circulated shall be deemed to be electrical apparatus in a booth.

            (4) Adequate safe means of escape in a case of fire, including no fewer than two safe exits spaced as widely as possible, shall be provided and maintained for every room booth and for every room in which a cabinet booth is situated, and such exits shall be so constructed as to open outwards and shall not be locked or fastened in such a manner that they cannot be easily and immediately opened from the inside whenever any person is in such room booth or room.

            (5) Nothing in this regulation shall be deemed to relieve the occupier of any obligation imposed by the Factories (Electricity) Regulations.

10.     Storage

            (1) The quantity of volatile paint or inflammable liquids in any room booth or cabinet booth shall be kept as small as practicable having regard to the work carried on and shall not exceed the estimated requirements for one day's work; such paint or inflammable liquids shall when not in actual use be kept in a metal box with a self-closing, hinged top cover, or other safe receptacle.

            (2) All stocks of volatile paint or inflammable liquids shall be kept in metal drums, cans or similar vessels in a separate fire-resistant store in a safe place outside any occupied building.

11.     Fire extinguishers

            (1) A sufficient number of efficient fire extinguishing appliances shall be provided and maintained in suitable positions for every booth and for every room or place where volatile paint or inflammable liquids are manipulated, used or stored.

            (2) At every cabinet booth and room booth a minimum of one nine-litre foam type fire extinguisher and one three-kilogrammes dry powder type fire extinguisher shall be provided.

            (3) All fire extinguishers provided in accordance with subregulations (1) and (2) shall be suitably mounted at a convenient height immediately outside the exits from any room booth or store or room for which they are provided and on the outside and adjacent to any cabinet booth for which they are provided.

12.     Waste material

            All discarded cotton waste, cleaning rags, or similar material, sweepings and deposits shall be immediately removed from the building or deposited in a fire-proof receptacle partly filled with water and fitted with a self-closing lid; such receptacle shall be removed from the building and emptied at the termination of work each day.

13.     Removal of solid residues

            (1) Effective steps shall be taken to remove any solid residues resulting from the manipulation or use of volatile paint from all places in which such manipulation or use is carried on and also from all ducts, trucks, casings or fans used in connection therewith and such residues shall be deposited in a safe place.

            (2) No such removal shall be effected by scraping or chipping with iron or steel implements.

14.     Display of "No Smoking" sign

            A notice stating "No Smoking" in red letters in Setswana and English, at least 100 millimetres high, on a white background shall be displayed in a prominent position in each room booth and over each cabinet booth.

FACTORIES (PRESCRIBED FORMS) REGULATIONS

(under section 55)

(1st January, 1979)

ARRANGEMENT OF REGULATIONS

REGULATION

 

                 1.        Citation

                 2.        Prescribed forms

 

                            Schedule

 

S.I. 56, 1974.

1.       Citation

            These Regulations may be cited as the Factories (Prescribed Forms) Regulations.

2.       Prescribed forms

            The form to be used for the purpose set out in the first and second columns of the Schedule shall be in the form specified in the third column of the Schedule, being a form printed and published by the Government Printer.

SCHEDULE

Section

Purpose

Form

37

Report of examination of steam boiler when cold

LDF 50

37

Report of examination of economiser when cold

LDF 51

37

Report of examination of superheater when cold

LDF 52

37

Report of examination of steam boiler under normal steam pressure supplementary reports on economizers and superheaters

LDF 53

38

Report of examination of steam receiver

LDF 54

39

Report of examination of air receiver

LDF 55

38 and 39

Supplementary report of examination of steam or air receiver under normal pressure

LDF 56

30

Report of examination of hoist or lift

LDF 57

31 and 32

Report of examination of cranes and other lifting machines, chains, ropes and lifting gear

LDF 58

63

General Register

LDF 59

 

FACTORIES (APPLICATION TO BUILDING OPERATIONS AND WORKS OF ENGINEERING CONSTRUCTION) ORDER

(under section 61)

(1st January, 1979)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

 

                 1.        Citation

                 2.        Application of Order

                 3.        Obligations

                 4.        Application of Act

 

S.I. 52, 1974.

1.       Citation

            This Order may be cited as the Factories (Application to Building Operations and Works of Engineering Construction) Order.

2.       Application of Order

            This Order shall apply to building operations and works of engineering construction where undertaken by way of trade or business or for the purpose of any industrial or commercial undertaking and shall also apply to any building operations or works of engineering construction undertaken by the Government or any local authority although such building operations or works of engineering construction are not carried on by way of trade or for purposes of gain.

3.       Obligations

            (1) It shall be the duty of every contractor and employer of workmen to display a printed copy of this Order in every place to which this Order applies.

            (2) The provisions of this Order shall be in addition to and not in substitution for any provision of other written law relating to the safety of the public.

4.       Application of Act

            The provisions of Part V (Safety-General Provisions) of the Act (except the provisions of sections 30 which relates to hoists and lifts, 34 which relates to safe means of access and safe place of employment, 41 which relates to prevention of fire, 42 which relates to safety provisions in case of fire, and 55 which relates to regulations) shall apply mutatis mutandis to operations and works to which this Order applies and shall have effect as if any place where such operations or works are carried on were a factory and any person undertaking or carrying on any such operations or works were the occupier of a factory.

FACTORIES (EXTENSION OF APPLICATION OF PROVISIONS) (HOISTS AND LIFTS) ORDER

(under section 61)

(1st January, 1979)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPHS

 

                 1.        Citation

                 2.        Interpretation

                 3.        Application of Act to non-factory premises

                 4.        Application for registration of hoist or lift in non-factory premises

                 5.        Certificate for hoist or lift in non-factory premises

                 6.        Register for hoist or lift in non-factory premises

 

                            First Schedule - Modifications to Act

                            Second Schedule - Particulars to be Submitted by Owner of a Hoist or Lift

                            Third Schedule - Certificate of Registration of Hoist or Lift in Use in Non-Factory Premises

                            Fourth Schedule - Register (Hoists and Lifts) for Use in Non-Factory Premises

 

S.I. 57, 1974.

1.       Citation

            This Order may be cited as the Factories (Extension of Application of Provisions) (Hoists and Lifts) Order.

2.       Interpretation

            In this Order, unless the context otherwise requires-

            "non-factory premises" means premises to which this Order applies in accordance with paragraph 3 hereof;

            "prescribed date" means the date of coming into force of this Order.

3.       Application of Act to non-factory premises

            The application of the provisions of the Act specified in paragraph 1 of the First Schedule is hereby extended to any premises (not being premises forming part of a factory) in which a hoist or lift is used, subject to the conditions specified in paragraph 2 of the said Schedule:

            Provided that this Order shall not apply to the following premises, that is to say-

      (i)     any premises used as a private dwelling house only by one occupier;

      (ii)     any premises referred to in section 5(4) of the Act;

     (iii)     any premises in which any building operation is being carried on, other than non-factory premises in which structural alteration, repair or maintenance as defined in section 6(1) of the Act is being carried on;

     (iv)     any premises in which a work of engineering construction is being carried on; or

     (v)     any premises referred to in section 59 of the Act.

4.       Application for registration of hoist or lift in non-factory premises

            (1) Every owner of non-factory premises shall apply as hereinafter in this paragraph provided for registration of each hoist or lift installed in the premises, by submitting to the chief inspector an application in the form set out in the Second Schedule.

            (2) In the case of a hoist or lift installed and in use on the prescribed date, such application shall be submitted within one month thereof.

            (3) In the case of a hoist or lift installed on or before the prescribed date but not yet in use on such date and in the case of a hoist or lift installed after the prescribed date, such application shall be submitted before the hoist or lift is put into use.

5.       Certificate for hoist or lift in non-factory premises

            (1) Upon receipt of such application, the chief inspector shall cause such hoist or lift to be registered and shall issue a certificate in the form set out in the Third Schedule.

            (2) The owner shall attach such certificate to the register to be kept in accordance with the provisions of paragraph 6.

6.       Register for hoist or lift in non-factory premises

            The owner shall provide and maintain in each lift or hoist on the premises a register in the form set out in the Fourth Schedule.

FIRST SCHEDULE
MODIFICATIONS TO ACT

1.

 

 

 

Part

Section(s)

 

I

3 and 4

 

II

6(1) and (4)

 

V

30, 42(6), 43 and 45

 

VII

55

 

IX

64

 

X

All

 

XI

70(1), (2), (3) and (4), 72 to 82

 

XII

84

2.

The application of the provisions of the Act specified in paragraph (1) hereof shall be subject to the following conditions, that is to say-

       (i)     any reference in the Act to dates which are earlier than the date upon which the Order came into force shall be construed as references to such latter date;

      (ii)     for the terms "building", "factory" and cognate terms there shall be substituted, as far as applicable, the term "non-factory premises";

     (iii)     all rights, duties and liabilities of the occupier under the Act shall be deemed to be the rights, duties and liabilities of the owner and all references to the occupier only shall be deemed to be references to the owner:

              Provided that references in sections 81 and 82 of the Act to the occupier shall be deemed to refer to any tenant or other occupant of the whole or any part of non-factory premises;

      (iv)     in section 43 of the Act-

            (a)      for the words "ways, works, machinery or plant" occurring in subsections (1)(a) and (1)(i) thereof there shall be substituted the words "hoist or lift"; and

            (b)      between the word "factory" and the word "in" occurring in subsection (1)(b) thereof there shall be added the words "in relation to a hoist or lift";

      (v)     in section 45, for the words "under sections 43 and 44" there shall be substituted the words "section 43 hereof";

      (vi)     in section 55, for the words "manufacture, machinery, plant, equipment, appliance, process or description of manual labour" there shall be substituted the words "hoist or lift";

     (vii)     in section 69 of the Act-

            (a)      for paragraph (a) of subsection (1) there shall be substituted the following paragraph-

                      "(a)     to enter, inspect and examine, by day or by night, any non-factory premises and to enter, inspect and examine by day any premises which he has reasonable cause to believe to be non-factory premises;";

            (b)      subsection 4 thereof shall apply as if the subsection concluded with the word "or to both" occurring in the fourth line thereof and the remainder of the said subsection were deleted; and

              (c)    the proviso to subsection 5 thereof shall not apply.

 

SECOND SCHEDULE
PARTICULARS TO BE SUBMITTED BY OWNER OF A HOIST OR LIFT

1.  Name of owner .............................................................................................................

2.  Address of owner ..........................................................................................................

3.  Address at which hoist or lift is situated ..........................................................................

     ....................................................................................................................................

4.  Type of premises in which hoist or lift is situated

     ....................................................................................................................................

5.  Description of hoist or lift-

     (a)      Whether goods only, passenger only, or goods and passengers .............................

              ..........................................................................................................................

     (b)      The manufacturer ................................................................................................

     (c)      The manufacturer's number ..................................................................................

     (d)      The date of installation .........................................................................................

     (e)      How operated (mechanical power, hydraulic power or manually) ...............................

     (f)       The number of floors served ..................................................................................

     (g)      The maximum working load which it can safely carry ..............................................

              ..........................................................................................................................

Date ...............................................

..................................................................
Signature of Owner

 

THIRD SCHEDULE
CERTIFICATE OF REGISTRATION OF HOIST OR LIFT IN USE IN NON-FACTORY PREMISES

                      No. of Certificate ..........................................

 

                      Date of Issue ...............................................

 

I HEREBY CERTIFY that the hoist or lift specified below has been duly registered in pursuance of paragraph 5 of the Factories (Extension of Application of Provisions) (Hoists and Lifts) Order.

Name of Owner .................................................................................................................

Address of Owner ..............................................................................................................

Address and situation of hoist or lift .....................................................................................

.........................................................................................................................................

Nature of work for which used .............................................................................................

.........................................................................................................................................

....................................................
Chief Inspector of Factories      

 

FOURTH SCHEDULE
REGISTER (HOISTS AND LIFTS) FOR USE IN NON-FACTORY PREMISES

     The Register must be kept available for inspection for two years after the date of the last entry therein.

Instructions

1. The owner must enter all the particulars required in the register, and attach to the Register the Certificate of Registration issued by the Chief Inspector of Factories.

2. Every hoist or lift must be examined at least once in every period of six months by a person approved by the Chief Inspector of Factories and a signed report of such inspection must be attached to the register.

Name of owner (in the case of a firm which is not a registered company the names of each partner should be entered) ..................................................................................................

.........................................................................................................................................

Address of owner ...............................................................................................................

Address at which hoist or lift is situated ...............................................................................

.........................................................................................................................................

Type of premises in which hoist or lift is situated ...................................................................

.........................................................................................................................................

Nature of work for which hoist or lift is used

Reports and Certificates are required to be attached to the register. Such documents should be gummed to the slips attached to the Register-

     Certificate of Registration of hoist or lift.

     No. of Certificate and date of issue.

     Other Certificates issued by the Chief Inspector of Factories, and date of the Certificates.

Date ..................................................

...................................................................
Signature of Owner

 

ESTABLISHMENT OF FACTORIES ADVISORY BOARD (No. 2) ORDER

(under section 83)

(16th October, 1992)

ARRANGEMENT OF SECTIONS

   SECTIONS

 

                 1.        Citation

                 2.        Establishment of Board

                 3.        Composition of Board

 

S.I. 87, 1992.

1.       Citation

            This Order may be cited as the Establishment of Factories Advisory Board (No. 2) Order.

2.       Establishment of Board

            (1) The Minister hereby establishes the Factories Advisory Board, herein referred to as "the Board", for the purpose of giving advice and assistance in respect of matters affecting safety, health and welfare in factories, or such places to which the Minister has extended the provisions of the Act under section 61 thereof.

            (2) The Board shall meet when requested to do so by the Minister, or on such occasions as it considers necessary or advisable for the purpose of fulfilling its functions under paragraph (1), and in the exercise of its functions the Board may regulate its own practice and procedure.

3.       Composition of Board

            (1) The Board shall be comprised of the following persons-

     (a)     the Commissioner of Labour or his deputy, who shall be the Chairman of the Board;

     (b)     the Director of Public Service Management, or his representative;

     (c)     the Director of the Botswana Confederation of Commerce, Industry and Manpower, or his representative;

     (d)     the President of the Botswana Federation of Trade Unions, or his representative;

     (e)     the General Manager of Botswana Railways, or his representative;

     (f)      the Principal of the Botswana Polytechnic, or his representative;

     (g)     the General Manager of the Central Transport Organization, or his representative;

     (h)     the Chief Executive of the Botswana Power Corporation, or his representative;

     (i)      the Director of Industrial Affairs, Ministry of Commerce and Industry, or his representative;

     (j)      the Mining Commissioner, Department of Mines, or his representative; and

     (k)     the Officer in Charge, Occupational Health Unit, Ministry Of Health, or his representative.