Factories (Certificate of Competency — Examinations) Regulations

Factories Act

(Chapter 104, Section 102(1))

Rg 7

REVISED EDITION 1990

(25th March 1992)

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Citation

1. These Regulations may be cited as the Factories (Certificate of Competency — Examinations) Regulations.

Definitions

2. In these Regulations, unless the context otherwise requires —

“Board” means the Board of Examiners established under regulation 3;

“certificate of competency” means a certificate of competency awarded by the Board under these Regulations;

“equivalent certificate of competency” means a certificate of competency which is considered by the Board to be equivalent to a corresponding certificate of competency;

“prescribed examination” means any examination held by the Board under these Regulations.

Board of Examiners

3. There shall be established a Board of Examiners which shall consist of the Chief Inspector as chairman and at least 4 inspectors as members.

Certificates of competency

4.—(1) The Board may award the following certificates of competency:

(a)	first-grade engineer (steam);
(b)	first-grade engineer (internal combustion engine);
(c)	second-grade engineer (steam);
(d)	second-grade engineer (internal combustion engine);
(e)	first-class steam boiler attendant;
(f)	first-class driver (internal combustion engine);
(g)	second-class steam boiler attendant; and
(h)	second-class driver (internal combustion engine).

(2) A certificate of competency shall be in the form set out in the First Schedule.

(3) Every holder of a certificate of competency shall surrender the certificate to the Chief Inspector for cancellation upon the award of a certificate of competency of a higher grade in respect of the same category of machinery.

Exemption from examination

5.—(1) The Board may exempt any person who holds an equivalent certificate of competency from the prescribed examinations for a corresponding certificate of competency.

(2) The Board may exempt a person from the prescribed examination for any certificate of competency referred to in regulation 4(1)(a) to (d) if the person —

(a)

holds a degree or a professional diploma in mechanical engineering from a university or institution recognised by the Board; and

(b)

has had operational charge of, or has served as an assistant to an engineer in operational charge of any steam boiler or internal combustion engine, as the case may be, which the Board is satisfied is of a substantial size for a period of at least 12 months where the exemption is from the prescribed examination for a second-grade certificate of competency and for a period of at least 24 months where the exemption is from the prescribed examination for a first-grade certificate of competency.

(3) The Board may in its discretion exempt any person from the prescribed examination wholly or in part and a certificate of competency issued to a person wholly exempted from the prescribed examination shall for the purpose of paragraph (4) be deemed to be issued under paragraph (1).

(4) The fee payable for a certificate of competency issued pursuant to paragraph (1) or (2) shall be as prescribed in the Second Schedule.

Time and place of examination

6. The prescribed examination shall be conducted at such times and places as the chairman of the Board may direct.

Failure in examination

7. The Board may refuse to allow any person who had failed the prescribed examination to take any such examination again.

Application

8.—(1) Any person who desires to take the prescribed examination or to be exempted from the examination shall apply to the Board in such form as the Board may require.

(2) An application to take the prescribed examination shall be lodged with the Board at least 21 days before the date of the examination.

(3) An application under paragraph (1) shall be supported by such documentary evidence as the Board may require.

(4) The Board may refuse an application to take the prescribed examination if —

(a)	in the opinion of the Board the applicant is not of good character or reputation; or
(b)	the applicant fails to furnish, when required to do so by the Board, a medical certificate to show that he is physically fit to take charge of the relevant machinery.

(5) The fees payable for the prescribed examination shall be as set out in the Second Schedule.

Qualifications for examination of engineers

9.—(1) No person shall be allowed to take the prescribed examination for a second-grade engineer (steam) certificate of competency if —

(a)	he is below 21 years of age at the date of the examination;
(b)	he does not have apprenticeship training in a trade acceptable to the Board; or
(c)	he has not served for a period of at least 12 months as an assistant to an engineer in operational charge of steam boilers which the Board is satisfied are of a substantial size.

(2) No person shall be allowed to take the prescribed examination for a first-grade engineer (steam) certificate of competency if he has not been in operational charge of, or has not served as an assistant to an engineer in operational charge of, steam boilers which the Board is satisfied are of a substantial size for a period of at least 12 months while he is holding a second-grade engineer (steam) certificate of competency or an equivalent certificate of competency.

(3) No person shall be allowed to take the prescribed examination for a second-grade engineer (internal combustion engine) certificate of competency if —

(a)	he is below 21 years of age at the date of the examination;
(b)	he does not have apprenticeship training in a trade acceptable to the Board; or
(c)	he has not served for a period of at least 12 months as an assistant to an engineer in operational charge of internal combustion engines which the Board is satisfied are of a substantial size.

(4) No person shall be allowed to take the prescribed examination for a first-grade engineer (internal combustion engine) certificate of competency if he has not been in operational charge of, or has not served as an assistant to an engineer in operational charge of, internal combustion engines which the Board is satisfied are of a substantial size for a period of at least 12 months while he is holding a second-grade engineer (internal combustion engine) certificate of competency or an equivalent certificate of competency.

Diploma of a technical institution

10. For the purposes of these Regulations, a person holding a diploma in mechanical engineering granted by a technical institution recognised by the Board shall be deemed to have two years of apprenticeship training.

Other services

11. Notwithstanding regulations 9 and 10, where a candidate desiring to take the prescribed examination for a second-grade engineer certificate of competency does not have the apprenticeship training, the Board may if it thinks fit accept such other practical experiences which the candidate may have.

Qualifications for examination of steam boiler attendants

12.—(1) No person shall be allowed to take the prescribed examination for a second-class steam boiler attendant if —

(a)	he is below 21 years of age at the time of the examination; or
(b)	he has not served for a period of at least two years as a fireman or as a steam engine or steam boiler attendant.

(2) No person shall be allowed to take the prescribed examination for a first-class steam boiler attendant if he has not been —

(a)	an attendant in charge of a steam boiler or engine or an assistant to an engineer or first-class boiler attendant in charge of a steam boiler or engine for a period of at least 18 months; and
(b)	an attendant in charge of a steam boiler for a period of at least 12 months out of the period of 18 months referred to in sub-paragraph (a),

while he is holding a second-class steam boiler attendant certificate of competency or an equivalent certificate of competency.

Qualifications for examination of engine drivers

13.—(1) No person shall be allowed to take the prescribed examination for a second-class driver (internal combustion engine) certificate of competency —

(a)	if he is below 21 years of age at the time of the examination; or
(b)	if he has not served for a period of at least two years as an attendant on an internal combustion engine of not less than 20 kilowatts.

(2) No person shall be allowed to take the prescribed examination for a first-class driver (internal combustion engine) certificate of competancy if he has not been —

(a)	a driver in charge of an internal combustion engine; or
(b)	an assistant to an engineer or driver in charge of an internal combustion engine under the charge of an engineer or first-class driver,

for a period of at least 18 months while he is holding a certificate of competency as a second-class driver (internal combustion engine) or an equivalent certificate of competency.

Examination syllabus

14.—(1) The examination for an engineer certificate of competency shall consist of the following:

(a)	Part A: Applied Mathematics Papers I and II;
(b)	Part B: Engineering Knowledge Papers I and II; and
(c)	Part C: an Engineering Drawing Paper.

(2) Every candidate for an attendant or a driver certificate shall be examined orally and may be required to give a demonstration of his knowledge.

Endorsement of certificate

15.—(1) It shall be lawful for any certificate of competency awarded under these Regulations to be endorsed to the effect that the holder has satisfied the Board by examination that he is qualified to take charge of an additional category of machinery. The fee payable for such endorsement shall be the same as the fee payable for such examination set out in the Second Schedule.

(2) The examination for the purpose of the endorsement of an engineer certificate of competency under paragraph (1) shall consist only of an Applied Mathematics Paper II and an Engineering Knowledge Paper II.

(3) Every application for examination for the purpose of the endorsement referred to in paragraph (1) shall be accompanied by satisfactory evidence that the applicant has served on steam boilers or internal combustion engines, as the case may be, for a period of at least 9 months for a second-grade endorsement and 18 months for a first-grade endorsement.

False representation

16.—(1) Any person who —

(a)	allows his certificate of competency to be used by any other person; or
(b)	makes, or assists in the making of, any false representation for the purpose of obtaining either for himself or any other person a certificate of competency,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.

(2) The Board may cancel a certificate of competency which has been obtained by representation which is false in any material particular.

(3) The Board shall, before cancelling a certificate of competency, give the person concerned notice in writing of its intention to do so, specifying a date, not less than 14 days after the date of notice upon which the cancellation shall take effect and calling upon the person to show cause to the Board why the certificate of competency should not be cancelled.

(4) When the Board has cancelled a certificate of competency, the Board shall forthwith inform the person concerned by notice in writing of the cancellation and thereupon the person concerned shall surrender the certificate of competency to the Chief Inspector.

(5) Where any holder of an attendant or a driver certificate of competency falsely represents that he is the attendant or the driver in charge of any machinery, which is required to be in the charge of a person holding a certificate of competency, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.

Loss of certificate of competency

17. Any person, other than the rightful owner, who comes into possession of a certificate of competency shall immediately forward the certificate to the Chief Inspector.

Duplicate certificate of competency

18.—(1) An application for a duplicate certificate of competency to replace a certificate of competency which has been lost or destroyed shall be supported by evidence of the loss or destruction and such evidence of search for the certificate as the Board may require.

(2) The Board may, on payment of the fee set out in the Second Schedule, issue a duplicate certificate of competency.

Defaced certificate of competency

19.—(1) Where, in the opinion of the Chief Inspector, any photograph mounted on a certificate of competency no longer bears a true likeness to the holder thereof, or has been defaced to such an extent that identification of the holder is difficult, the Chief Inspector may require the holder to supply two copies of a recent photograph for the issue of a duplicate certificate of competency.

(2) The Board may, on payment of the fee set out in the Second Schedule, issue a duplicate certificate of competency.

(3) Upon the issue of a duplicate certificate of competency under paragraph (1), the holder of the certificate of competency shall surrender the defaced certificate to the Chief Inspector.

Cancellation of certificate of competency

20.—(1) The Board may where it thinks fit require the holder of a certificate of competency to produce a medical certificate to show that he is physically fit to carry out the duties of an engineer or an attendant or a driver of the machinery referred to in his certificate.

(2) Where the medical certificate shows that the holder of a certificate of competency is unfit to carry out his duties, or where a medical certificate is not produced within such period as the Chief Inspector requires, the certificate of competency may, subject to regulation 16(3) and (4), be declared by the Chief Inspector to be cancelled.

(3) Any certificate which has been declared to be cancelled under paragraph (2) shall be surrendered to the Chief Inspector.

Saving

21. Any certificate of competency awarded under the Factories (Certificate of Competency — Examinations) Regulations 1960 revoked by these Regulation shall be deemed to have been issued under the corresponding provisions of these Regulations.

[G.N. S 130/60]

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