Sunday, September 11, 2011

WSH (Operation of Cranes) Regulations 2011 - Part V (Installation, Repair, Alteration, etc of Mobile / Tower Crane)

Only approved crane contractor to install, repair, alter or dismantle mobile crane or tower crane
20.—(1) No person shall install, repair, alter or dismantle a mobile crane or tower crane unless he is an approved crane contractor.
(2) Paragraph (1) shall not apply —
(a) to the installation or dismantling of a fly jib; and
(b) to the repair of any non-load bearing part of a crane, unless the repair affects the safe operation of the crane.
Application for approval to be approved crane contractor
21.—(1) A firm or company may apply to the Commissioner for approval to act as an approved crane contractor.
(2) An application under paragraph (1) shall be —
(a) accompanied by the appropriate fee;
(b) in such form and manner as the Commissioner may require; and
(c) accompanied by such particulars, information, statements and documents as the Commissioner may require.
Certificate of approval
22.—(1) On receipt of an application, the Commissioner may —
(a) issue to the applicant a certificate of approval, subject to 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 crane 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 existing conditions imposed under paragraph (1) or impose new conditions.
(4) A certificate of approval for a firm or company to act as an approved crane contractor is valid for a period of 2 years.
(5) A certificate of approval may be renewed.
Production of certificate of approval upon request
23.—(1) The approved crane 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
24. The Commissioner may suspend or cancel the certificate of approval issued to any approved crane contractor if the Commissioner is satisfied that the approved crane contractor —
(a) has obtained the certificate of approval under these Regulations by means of fraud, false representation or the concealment of any material fact; or
(b) is contravening or has contravened any condition subject to which the certificate was issued.
Notice of suspension or cancellation of certificate
25.—(1) When the Commissioner has suspended or cancelled the certificate of approval under regulation 24, the Commissioner shall inform the approved crane contractor concerned by notice in writing of such suspension or cancellation.
(2) The suspension or cancellation shall take effect 21 days after the date of the service of the notice on the approved crane contractor or, if an appeal against the suspension or cancellation of the certificate of approval has been made to the Minister under paragraph (4), on the date the Minister dismisses the appeal.
(3) Notwithstanding that the suspension or cancellation has not taken effect, any approved crane 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), install, repair, alter or dismantle a mobile crane or tower crane.
(4) An approved crane contractor whose certificate of approval has been suspended or cancelled may appeal to the Minister within 21 days of the date of the service of the notice of suspension or cancellation. The Minister's decision shall be final.
(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.



Duties of approved crane contractor
26.—(1) Subject to paragraph (2), duty of an approved crane contractor: to —
(a) obtain a manufacturer’s manual which contains instructions on the safe procedures for the installation, repair, alteration and dismantling of the mobile crane or tower crane, before
he installs, repairs, alters or dismantles any mobile crane or tower crane; and
(b) ensure that the crane is installed, repaired, altered or dismantled in accordance with the instructions contained in such manual.
(2) Where the manual referred to in paragraph (1) is not available, the approved crane contractor to ensure that the installation, repair, alteration or dismantling of any mobile crane
or tower crane is under the immediate supervision of an authorised examiner.



Duties of owner of mobile crane and tower crane
27. To ensure that after every installation, repair, alteration and dismantling of a mobile crane or tower crane —
(a) the crane is tested and certified safe by an authorised examiner for the operations for which it is intended; and
(b) the crane is not used unless it has been tested and certified in accordance with sub-paragraph (a).

No comments: