Last Updated: 1 December 2016
AN ACT TO REGULATE THE CONDITIONS OF EMPLOYMENT IN FACTORIES AND OTHER PLACES AND TO PROTECT THE HEALTH, SAFETY AND WELFARE OF PERSONS EMPLOYED THEREIN
[FAC 47] Steam boilers — maintenance, examinations and use47
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(2) A steam boiler shall not be used in any factory or in any other place to which this Act applies unless it has been examined together with its fittings and attachments by an authorised person in such manner as the Minister may by order prescribe and no greater period than may be so prescribed has elapsed since the examination.
(3) A steam boiler, together with its fittings and attachments shall not be used after repairs have been carried out until an examination has been made in such manner as the Minister may by order prescribe and where such repairs are carried out to a steam boiler after it has been examined under subsection (2) then notwithstanding that the period set out in the order has not expired, the steam boiler shall not be used in any factory or in any other place to which this Act applies until the examination set out in the order has been made.
(4) A report of the result of every examination under this section in the approved form and containing the approved particulars (including the maximum permissible working pressure) shall as soon as practicable and in any case within 28 days, after the completion of the examination be entered in or attached to the general register and the report shall be signed by the person making the examination, and if that person is an inspector of a boiler-inspecting company or association countersigned by the chief engineer of the company or association or by such other responsible officer of the company or association as may be authorised in writing in that behalf of the chief engineer.
(5) No new steam boiler shall be taken into use unless there has been obtained from the manufacturer of the boiler or from a boiler-inspecting company or association a certificate specifying its maximum permissible working pressure and stating the nature of the tests to which the boiler and fittings have been submitted, and the certificate is kept available for inspection and the boiler is so marked as to enable it to be identified as the boiler to which the certificate relates.
(6) Where the report of any examination under this section specifies conditions for securing the safe working of a steam boiler, the boiler shall not be used except in accordance with these conditions.
(7) The person making the report of an examination under this section, or in the case of a boiler-inspecting company or association, the chief engineer thereof, shall within 28 days after the completion of the examination send to the chief inspector a copy of the report in every case where the maximum permissible working pressure is reduced, or the examination shows that the boiler cannot continue to be used with safety unless certain repairs are carried out immediately or within a specified period.
(8) If the person employed to make any such examination fails to make a thorough examination as required by this section or makes a report which is false or deficient in any material particulars, or if the chief engineer of any boiler-inspecting company or association permits any such report to be made, he or she shall be guilty of an offence and liable to a fine of not less than $40 and not exceeding $200 and if any such person or chief engineer fails to send to the chief inspector a copy of any report as required by subsection (7) he or she shall be guilty of an offence.
(9) If the chief inspector is not satisfied as to the thoroughness of the examination, he or she may require the boiler to be re-examined by a person nominated by him or her, and the occupier shall give the necessary facilities for the re-examination.
(10) If as a result of the re-examination it appears that the report of the examination was inadequate or inaccurate in any material particular, the report of the re-examination purporting to be signed by the person making it shall be admissible in evidence of the facts stated therein.
The Laws of Fiji