Title 34, Chapter 1, Section 1
( 34-1-1)
(a)(1) All scaffolding or staging swung or suspended from an
overhead support or erected with stationary supports, which
scaffolding or staging is suspended or rises 30 feet or more above
the ground, shall have a safety rail properly attached, bolted,
braced, and otherwise secured, which safety rail shall rise at
least 34 inches above the floor or main portions of such
scaffolding or staging and extend for the full length of such
staging and along the ends thereof with only such openings as may
be necessary for the delivery of materials being used on such
scaffold or staging. Such scaffolding or staging shall also be so
fastened as to prevent it from swaying from the building or
structure. However, this paragraph shall not apply to any
scaffolding or staging which is wholly within the interior of a
building or other structure and which covers the entire floor
space therein. (2) It shall be unlawful for any person to employ or direct others
to perform labor of any kind in the erecting, demolishing,
repairing, altering, cleaning, or painting of a building or other
structure without first having furnished proper protection to such
person so employed or directed, as provided in paragraph (1) of
this subsection. (b) All scaffolding or staging shall be so constructed that it will
bear at least four times the weight required to be hanging therefrom
or placed thereon when in use. (c)(1) The Commissioner of Labor, upon receipt of any complaint,
shall make or cause to be made an immediate inspection of the
scaffold, or mechanical device connected therewith, concerning
which complaint has been made. (2) The Commissioner shall attach to every scaffold, staging,
mechanism, or mechanical device inspected by him a certificate
bearing his name and the date of inspection, on which certificate
he shall plainly state whether he has found the scaffolding,
staging, or mechanical device "safe" or "unsafe." (3) If the Commissioner of Labor finds any scaffolding, staging,
or mechanical device complained of to be unsafe, he shall at once
notify in writing the person responsible for the erection and
maintenance of the scaffolding, staging, or mechanical device that
he has found it to be unsafe. Such notice may be served personally
upon the person responsible under the law or may be perfected by
affixing such notice in a conspicuous place on the scaffold,
staging, or mechanical device found unsafe. The manner of service
shall be within the discretion of the Commissioner of Labor. The
Commissioner shall then prohibit the use of such scaffolding,
staging, or mechanical device by any person until all danger has
been removed or until it has been made to comply with the terms of
this Code section by alteration, reconstruction, demolition, or
replacement, as the Commissioner may direct. (d) Any person who willfully, knowingly, and persistently continues
the use of a scaffold, staging, or other mechanical device in
violation of any provision of this Code section shall be guilty of a
misdemeanor. |