Workplace Safety and Health (General Provisions) Regulations 2006

Lifting gears

20.—(1) No lifting gear of whatever material shall be used in a factory unless an authorised examiner has —

(a)	tested and examined the lifting gear; and
(b)	issued and signed a certificate of test and examination, specifying the safe working load of the lifting gear.

(2) The certificate of test and examination referred to in paragraph (1)(b) shall be kept available for inspection.

(3) Every lifting gear used in a factory shall be thoroughly examined by an authorised examiner at least once every year or at such other intervals as the Commissioner may determine.

(4) Subject to paragraph (5), every lifting gear shall be annealed at the following intervals:

(a)

if in regular use —

(i)	in the case of chains used in connection with molten metal or molten slag, at least once every 6 months; or
(ii)	in any other case, at least once every year; or

(b)

if not in regular use, only when necessary.

(5) Paragraph (4) shall not apply to the following classes of lifting gear:

(a)	chains made of malleable cast iron;
(b)	plate link chains;
(c)	chains, rings, hooks, shackles and swivels made of steel or of any non-ferrous metal;
(d)	pitched chains working on sprocket or pocketed wheels;
(e)	rings, hooks, shackles and swivels permanently attached to pitched chains, pulley blocks or weighing machines;
(f)	hooks and swivels having screw-threaded parts or ball-bearings or other case-hardened parts;
(g)	socket shackles secured to wire ropes by white metal capping;
(h)	bordeaux connections;
(i)	rope or rope sling; and
(j)	any chain or lifting tackle which has been subjected to the heat treatment known as “normalising” instead of annealing.

(6) No lifting gear shall be loaded beyond its safe working load except by an authorised examiner or an inspector for the purpose of testing such lifting gear.

(7) It shall be the duty of the occupier of a factory in which a lifting gear is used to comply with paragraphs (1) to (4) and (6).

(8) Paragraphs (1) and (3) do not apply to any lifting gear which consists of fibre ropes or fibre slings.

(9) It shall be the duty of an authorised examiner to —

(a)

issue and sign a certificate, in a form determined by the Commissioner, of the result of the examination referred to in paragraph (3);

(b)

provide the certificate referred to in sub-paragraph (a) to the occupier of the factory;

(c)

inform the Commissioner —

(i)	as soon as is reasonably practicable, if the examination shows that the lifting gear cannot continue to be used safely unless repairs are made; or
(ii)	in any other case, within 28 days of the completion of the examination, of the results of the examination in a manner acceptable to the Commissioner; and

(d)

exercise all due diligence in making any certification or in conducting any test or examination of any lifting gear under this regulation.

(10) It shall be the duty of the owner of a lifting gear to ensure that it is —

(a)	of good construction, sound material, adequate strength and free from patent defect; and
(b)	properly maintained.

(11) An inspector may at any time test any lifting gear and may prohibit its further use if he is not satisfied that the lifting gear is safe for the use to which it is put.

(12) Any person who contravenes any prohibition of an inspector under paragraph (11) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.

Search within Legislation