‘The sub-contractor shall have the use in common with the workmen of the contractors and of other sub-contractors of existing scaffolding only. The sub-contractor shall, however, satisfy himself that any scaffolding used for the purpose of this contract is fit and proper for his purpose and shall be solely responsible for any accidents which may result from the user of such scaffolding or plant to himself or men in his employ.’
It is of course unnecessary to add that accidents will occur even when the greatest attention and care are exercised. There is frequently no other reason for mishaps than overwork, rushing, misdirected economy in plant, and, it may be added, intoxicating liquors. Much depends upon the foreman in these matters. They are often first-rate managers of machinery, have an excellent knowledge of the best means of carrying out work, and not content with their existing reputations attempt to be also successful drivers of men. This is, perhaps, more likely to occur when the job is not paying: a hint from the employer to that effect will almost certainly result in an effort being made to retrieve matters. This is only natural and praiseworthy, if to gain the desired end the safety of the workmen is not jeopardised.
The cost of properly safeguarding a scaffold is certainly an item, especially on large works, but should not be difficult to calculate. It is an expenditure that will not be in proportion to the cost of the building, but would be a direct charge upon the scaffolding required. I have made some calculations, and in estimating it would probably be found not to exceed an increase of 5 per cent. upon the amount devoted to the cost of the scaffold.
THE WORKMEN’S COMPENSATION ACT, 1906
In this Act, which came into force on July 1, 1907, no mention is made of the limitations included in the superseded Act of 1897, and which specially mentioned that compensation should only be paid for accidents occurring in, on, or about buildings which exceeded 30 feet in height and were either being constructed or repaired by means of a scaffolding, or being demolished, or on which machinery driven by steam, water, or other mechanical power was used for the purpose of the construction, repair, or demolition thereof.
In the new Act the liability of employers to workmen for injuries is expressed in Sec. 1 as follows:—
(1) If in any employment[9] personal injury[10] by accident arising out of and in the course of his employment is caused to a workman, his employer shall, subject as hereinafter mentioned, be liable to pay compensation in accordance with the first schedule to this Act.
Provided that—
(a) the employer shall not be liable under this Act in respect of any injury which does not disable the workman for a period of at least one week[11] from earning full wages at the work at which he was employed;
(b) when the injury was caused by the personal negligence or wilful act of the employer or of some person for whose act or default the employer is responsible, nothing in this Act shall affect any civil liability of the employer, but in that case the workman may at his option either claim compensation under this Act, or take proceedings independently of this Act[12]; but the employer shall not be liable to pay compensation for injury to a workman by accident arising out of and in the course of the employment both independently of and also under this Act, and shall not be liable to any proceedings independently of this Act, except in case of such personal negligence or wilful act as aforesaid;