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- Point in Time (01/04/1994)
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Version Superseded: 05/12/1998
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There are currently no known outstanding effects for the Factories Act 1961, Section 27.
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(1)All parts and working gear, whether fixed or moveable, including the anchoring and fixing appliances, of every lifting machine shall be of good construction, sound material, adequate strength and free from patent defect, and shall be properly maintained.
[F1(2)All such parts and gear shall be thoroughly examined by a competent person at least once in every period of fourteen months and a record shall be kept of every such thorough examination and of the results thereof, containing the particulars required by the Lifting Plant and Equipment (Records of Test and Examination etc.) Regulations 1992, and where the thorough examination shows that the lifting machine can not continue to be used with safety unless certain repairs are carried out immediately or within a specified time, the person who authenticates the record shall within twenty-eight days of the completion of the thorough examination send a copy of the particulars in the record to an inspector appointed by the Health and Safety Executive under section 19 of the Health and Safety at Work etc. Act 1974 who is authorised for the purposes of this provision.]
(3)All rails on which a travelling crane moves and every track on which the carriage of a transporter or runway moves shall be of proper size and adequate strength and have an even running surface; and any such rails or track shall be properly laid, adequately supported or suspended and properly maintained.
(4)There shall be plainly marked on every lifting machine its safe working load or loads, except that in the case of a jib crane so constructed that the safe working load may be varied by the raising or lowering of the jib, there shall be attached thereto either an automatic indicator of safe working loads or a table indicating the safe working loads at corresponding inclinations of the jib or corresponding radii of the load.
(5)No lifting machine shall, except for the purpose of a test, be loaded beyond the safe working load as marked or indicated under subsection (4) of this section.
(6)No lifting machine shall be taken into use in any factory for the first time in that factory unless it has been tested and all such parts and working gear of the machine as are specified in subsection (1) of this section have been thoroughly examined by a competent person and a [F2record of the test and thorough examination and of the results thereof, containing the particulars required by the Lifting Plant and Equipment (Records of Test and Examination etc.) Regulations 1992, has been obtained and the particulars in that record are kept available for inspection.]
(7)If any person is employed or working on or near the wheel-track of an overhead travelling crane in any place where he would be liable to be struck by the crane, effective measures shall be taken by warning the driver of the crane or otherwise to ensure that the crane does not approach within [F36 metres] of that place.
(8)If any person is employed or working otherwise than mentioned in subsection (7) of this section but in a place above floor level where he would be liable to be struck by an overhead travelling crane, or by any load carried by such a crane, effective measures shall be taken to warn him of the approach of the crane, unless his work is so connected with or dependent on the movements of the crane as to make a warning unnecessary.
(9)In this section “lifting machine” means a crane, crab, winch, teagle, pulley block, gin wheel, transporter or runway.
Textual Amendments
F1S. 27(2) substituted (30.4.1992) by S.I. 1992/195, reg. 5, Sch. 2 para. 3(e).
F2Words in s. 27(6) substituted (30.4.1992) by S.I. 1992/195, reg. 5, Sch. 2 para. 3(f).
F3Words substituted by S.I. 1983/978, regs. 3, 4, Sch. 1
Modifications etc. (not altering text)
C1S. 27(1)(6) excluded (1.1.1993) by S.I. 1992/3073, reg. 33(2)(a)(ii).
C2S. 27(2)(6) amended (30.4.1992) by S.I. 1992/195, reg. 2, Sch. 1 Pt.I.
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