Workplace Safety and Health (Scaffold) Regulations 2011 - Part VII (Approved Scaffold Contractor)

Application for approval to be approved scaffold contractor
57.—(1) A firm or company may apply to the Commissioner for his approval to act as an approved scaffold contractor.
(2) An application under paragraph (1) shall —
(a) be accompanied by a non-refundable fee of $150;
(b) be in such form and manner as the Commissioner may require; and
(c) be accompanied by such particulars, information, statements and documents as the Commissioner may require.

Certificate of approval
58.—(1) On receipt of an application under regulation 57(1), the Commissioner may —
(a) issue to the applicant a certificate of approval, subject to such conditions as the Commissioner may think fit to impose; or
(b) refuse to approve the application.
(2) Where the Commissioner refuses to approve the applicant to act as an approved scaffold contractor, he shall give the applicant notice in writing of the reasons for his refusal.
(3) The Commissioner may at any time vary or revoke any of the conditions of a certificate of approval or impose new conditions.
(4) A certificate of approval is not transferable.

Production of certificate of approval
59.—(1) Approved scaffold contractor to produce his certificate of approval for inspection upon request by an inspector.
(2) Any person who contravenes paragraph (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $5,000.

Suspension or cancellation of certificate
60.—(1) The Commissioner may suspend or cancel the certificate of approval of any approved scaffold contractor if the Commissioner is satisfied that the approved scaffold contractor —
(a) has obtained the certificate of approval by means of fraud, false representation or the concealment of any material fact; or
(b) is contravening or has contravened any condition of the certificate of approval.
(2) Where a certificate of approval is suspended under paragraph (1), the firm or company to which the certificate of approval was issued shall, during the period of suspension, cease to be, and cease to act as, an approved scaffold contractor.
(3) Where a certificate of approval is cancelled under paragraph (1), the firm or company to which the certificate of approval was issued shall immediately cease to be, and cease to act as, an approved scaffold contractor.

Notice of suspension or cancellation of certificate
61.—(1) When the Commissioner has suspended or cancelled the certificate of approval under regulation 60, the Commissioner shall inform the approved scaffold contractor concerned by notice in writing of such suspension or cancellation.
(2) An approved scaffold contractor whose certificate of approval has been suspended or cancelled by the Commissioner under regulation 60 may, within 21 days of the date of the service of the notice of suspension or cancellation, appeal to the Minister whose decision shall be final.
(3) The suspension or cancellation of the certificate of approval shall take effect 21 days after the date of the service of the notice on the approved scaffold contractor or, if an appeal against the suspension or cancellation of the certificate of approval has been made to the Minister
under paragraph (2), on the date the Minister dismisses the appeal.
(4) Notwithstanding that the suspension or cancellation has not taken effect, any approved scaffold contractor whose certificate of approval is suspended or cancelled by the Commissioner shall not, between the date of the service of the notice of suspension or
cancellation and the date the suspension or cancellation takes effect (both dates inclusive), construct, erect, install, re-position, alter, maintain, repair or dismantle any scaffold referred to in regulation 4(1) in a workplace.
(5) A notice of suspension or cancellation may be served on any firm or company by leaving it at, or sending it by registered post to, the last known business address.