S.I. No. 47/1969 - Industrial Training (Construction Industry) Order, 1969.

S.I. No. 47 of 1969.

INDUSTRIAL TRAINING (CONSTRUCTION INDUSTRY) ORDER, 1969.

An Chomhairle Oiliúna, after consultation with organisations and associations appearing to it to be representative of substantial numbers of employers in the activities referred to in this Order and of substantial numbers of persons employed in such activities hereby, in exercise of the powers conferred on it by Section 23 of the Industrial Training Act, 1967 (No. 5 of 1967), makes the following order :

1. This Order may be cited as the Industrial Training (Construction Industry) Order 1969.

2. The activities of the construction industry specified in the schedule to this Order are hereby declared to be designated industrial activities for the purposes of the Industrial Training Act, 1967 (No. 5 of 1967).

SCHEDULE

1. (i) In this Schedule :

" aggregate " includes wood-wool, clinker, fly-ash, shale, slag, vermiculite and similar materials;

" article " includes a part or component of any article;

" asbestos " means any fibrous silicate mineral and any admixture containing any such mineral whether crude, crushed or opened;

" building " includes any structure or erection (other than a tent or caravan) and any part of a building as so defined;

" building work " means the construction, alteration, repair or demolition of a building;

" cabinets " includes cabinets for radio or television sets or radiograms;

" cement " includes Portland cements, high alumina cements or cements of a similar character;

" clay " includes shale, brick earth, or similar materials, or China stone;

" coal " means bituminous coal, cannel coal or anthracite;

" coated material " means any mixture consisting of bitumen, tar or asphalt together with slag or one or more mineral deposits;

" concrete " includes pre-cast, pre-stressed, reinforced or autoclaved aerated concrete;

" company " includes any body corporate and " subsidiary " has the same meaning as in Section 2 (1) of the Companies Act, 1963 (No. 33 of 1963);

" furniture " means furniture of a type commonly used for bank, church, domestic, educational, garden, hospital, laboratory or office purposes, whether or not supplied for those purposes and whether designed to be free-standing or to be fixed to a building, but does not include awnings, inside or outside blinds, netting, tapestries, pictures or clocks;

" glass " includes glass fibres or laminated glass;

" jewellery " includes any article of personal adornment, whether or not containing stones;

" local authority " means the council of a county, county or other borough, or of an urban or rural district;

" manufacture " includes assembly or any process or operation incidental or appertaining to manufacture or assembly;

" mine " and " quarry " have the same meanings as in the Mines and Quarries Act, 1965 (No. 7 of 1965);

" mineral deposits " includes any natural deposits (except peat) capable of being lifted or extracted from the earth or from the bed of any lake or river or of the sea;

" office premises " has the same meaning as in Section 3 (1) of the Office Premises Act, 1958 (No. 3 of 1958);

" paper " includes any description of paper, but does not include paperboard, pulpboard, fibre building board or chipboard;

" petroleum " includes any mineral oil or relative hydro-carbon and natural gas existing in its natural condition in strata, but does not include coal or bituminous shales or other stratified deposits from which oil can be extracted by destructive distillation;

" pipe-line " means a pipe or system of pipes (together with any apparatus or works associated therewith) for the conveyance of anything but does not include a pneumatic despatch tube;

" pipe-organ " means musical instruments in which sound is produced by wind passing through pipes operated by a player seated at a keyboard;

" plaster " means calcium sulphate, lime plaster or plaster of a similar character;

" plastics material " means any material made wholly or mainly by addition, polyaddition, condensation, polycondensation, polymerisation, copolymerisation, esterification or other similar chemical process, or regenerated or modified cellulose, or hardened proteins, or natural resin modified by fusion or esterification;

" preparation " in relation to timber means any operations whereby felled or fallen timber is barked, peeled, cleft, sliced, hewn, sawn, cross-cut, linear machined, dried, seasoned, soaked, steamed or treated with preservative, and " prepared timber " means timber that has undergone any such preparation;

" principal activities of the construction industry " means activities which, subject to the provisions of paragraph 3, are specified in paragraph 2, other than sub-paragraphs (xxvii) and (xxviii) thereof, as activities of the construction industry;

"refractory materials " includes andalusite, bauxite, chromite, dolomite, fireclay, ganister, kyanite, magnesite, mica, silica and sillimanite;

" repair " includes alteration, conversion, modification, re-conditioning, re-polishing and, in relation to a building, maintenance, re-pointing, re-decorating and external cleaning;

" related activities " means any of the following activities, that is to say—

(a) research, development, design or drawing;

(b) buying, selling, letting out on hire, testing, advertising, packing, distribution, delivery, transport or any similar operations;

(c) operations of a kind performed at office premises or laboratories, or at stores, warehouses or similar places;

(d) cleaning, washing or garaging vehicles, or carrying out running repairs or minor adjustments thereto;

(e) training of employees or apprentices;

" rubber " means the following products, whether or not vulcanised or hardened, that is to say, natural rubber, balata, gutta percha, and similar natural gums, synthetic rubber and factice derived from oils and such substances reclaimed;

" section of a building " includes composite framed or laminated woodwork absorbing calculated stresses applied direct or from attached non-loadbearing portions of a structure;

" timber " means trees of any kind, either felled or fallen.

(ii) For the purposes of this Schedule two companies shall be taken to be associated companies if one is a subsidiary of the other, or both are subsidiaries of a third company, and " associated company " shall be construed accordingly.

2. Subject to paragraph 3 of this Schedule, the following activities of industry are the activities referred to in Article 2 of this Order, namely :

(i) all operations in :—

(a) the construction, alteration, repair or demolition of a building;

(b) the construction or demolition of a railway-line, siding or monorail;

(c) the construction, structural alteration, repair or demolition of any aerodrome, airport, bridge, road, viaduct, dock, harbour, pier, quay, wharf, coast protection, river or drainage work, aqueduct, canal, inland navigation, reservoir, water-works, bore-hole, well (other than an oil-well), filter bed, sewage works, sewer, cooling tower or pond, tunnel, heading, adit, chimney, furnace, carbonising or gas making plant, nuclear or thermal power station, hydro-electric station, cable trench or duct, oil refinery, pipeline or defence installation;

(d) the preparation of the site or the laying down of a foundation or substructure in connection with any of the above mentioned operations or with the construction of a furnace or with the erection of structural metal-work;

(e) the construction of a swimming pool or other bathing place, or of a playing field or ground for sporting or recreational purposes, or the laying out of a cemetery;

(f) the provision or continued provision for any building or other construction or work above-mentioned of water, gas, electricity, lighting, heating or ventilation, being operations undertaken in, upon, above, or under the building or the close, curtilage or precincts thereof, or such construction or work, or any site above-mentioned;

(g) the erection or dismantling of fencing, hoarding or scaffolding;

(ii) the preparation of stone for building purposes;

(iii) all operations in the manufacture of :—

(a) a prefabricated building or section of a building, not being constructed wholly or mainly from metal or plastics material or from a combination of metal and plastics material;

(b) doors, window frames, built-in storage units, stairs or curtain walling being in each case constructed wholly or mainly from wood; or

(c) bank, church, laboratory or other joinery;

(iv) the construction of shop, office or similar fittings on the premises on which they are to be installed, or the prefabrication elsewhere of such fittings by the employer engaged in the installation;

(v) the erection or dismantling of exhibition stands;

(vi) the hiring out of contractors plant or scaffolding;

(vii) the lifting or extracting of mineral deposits or products of minerals from the earth or of mineral deposits from the bed of any lake or river or of the sea;

(viii) when carried out on land in or adjacent to a mine or quarry and in conjunction with the operation thereof, the crushing, grinding, washing, drying, foaming, grading, screening, cutting, splitting, dressing, polishing or mixing of mineral deposits or products of minerals or any similar operations;

(ix) the production of cement, plaster or whiting;

(x) the production of ready-mixed concrete or ready-mixed mortar or the batching or mixing of ingredients in connection with such production;

(xi) the exfoliation of vermiculite or any similar material;

(xii) the production of coated material for the purpose of the construction or repair of roads or footways;

(xiii) the manufacture of articles or other products wholly or mainly from—

(a) asbestos cement;

(b) clay (excluding the manufacture of pottery);

(c) concrete, cast stone, or cement, or from any mixture of aggregate together with a cementing or bonding agent;

(d) plaster; or

(e) one or more refractory materials;

(xiv) the felling of trees;

(xv) the preparation of timber;

(xvi) the conversion of logs or prepared timber into baulks, deals, battens, boards, planks, poles, props, sleepers or other sawn sections or the drying of sawn sections;

(xvii) the storage of wood of any description above-mentioned or of battenboard, blockboard, chipboard, fibre building board, flaxboard, laminboard, plywood or veneer or, otherwise than in the capacity of an agent, broker or factor, any importing or sale of, or other dealing in, such wood or materials;

(xviii) any operations whereby wood is planed, dressed, tongued, grooved, matched, beaded, V-jointed, moulded, dried, seasoned, soaked, steamed or treated with any preservative;

(xix) the manufacture of battenboard, blockboard, chipboard, fibre building board, laminboard, plywood, reconstituted wood, veneer or wood-wool;

(xx) the manufacture or repair of any articles (including parts or components) wholly or mainly from wood, battenboard, blockboard, chipboard, fibre building board, flaxboard, laminboard, plywood, veneer, cane, osier, willow, wicker, straw, rushes, reeds or cork or any combination of those materials;

(xxi) the manufacture or repair of articles of furniture, cabinets, billiard-tables or containers or cases for, or forming part of, musical instruments;

(xxii) the manufacture, repair or tuning of pianofortes, harpsichords, spinets, clavichords or pipe-organs;

(xxiii) the upholstering or re-upholstering of furniture;

(xxiv) the manufacture, re-making, or repair of bolsters, cushions, pillows, mattresses, divans or upholstered divan bases;

(xxv) the manufacture or preparation of any filling (including feathers and down) for bolsters, cushions, pillows, quilts, quilting, mattresses, divans or upholstered divan bases;

(xxvi) the making or fixing of curtains or of loose covers for furniture;

(xxvii) any activities being—

(a) related activities incidental or ancillary to the principal activities of the construction industry; or

(b) activities undertaken in the administration, control or direction of one or more establishments, being establishments engaged wholly or mainly in principal activities of that industry, in related activities incidental or ancillary thereto, or in the administration, control or direction of one or more other establishments engaged in such principal or related activities;

and carried out, in either case, by the employer engaged in those principal activities or, where that employer is a company, by the company or by an associated company of the company;

(xxviii) any activities of industry or commerce (other than construction activities) carried out at or from an establishment mainly engaged—

(a) in construction activities; or

(b) in construction activities and in activities described in the Appendix to this Schedule, but to a greater extent in construction activities than in activities described in that Appendix in relation to any one industry.

3. Paragraph 2 of this Schedule shall be construed as not including the following activities of industry, namely :

(a) the activities of any establishment (not being that of a local authority) engaged—

(i) mainly in activities not being construction activities or activities described in the Appendix to this Schedule; or

(ii) to a less extent in construction activities than in activities described in that Appendix in relation to any one industry;

(b) the activities of any establishment engaged wholly or mainly in related activities, being activities—

(i) incidental or ancillary to the activities of one or more establishments (in this sub-paragraph hereafter referred to as " the principal establishment ") engaged wholly or mainly in any activities not being principal activities of the construction industry; and

(ii) carried out by the employer carrying on the principal establishment or, where that employer is a company, by the company or by an associated company of the company;

(c) the activities of any establishment engaged wholly or mainly in the activities following or any of them, that is to say—

(i) the erection of steel or other metal framework of buildings, or of structures made wholly or mainly of steel or other metal;

(ii) the installation, testing, inspection or repair of any machinery or plant not being operations included in paragraph 2 (i) (f) of this Schedule;

(iii) the getting, winning, screening or washing of coal;

(iv) the quarrying or mining of iron or non-ferrous ores or any of the operations specified in paragraph 2 (viii) when carried out on land in or adjacent to such mines or quarries and in conjunction with the operation thereof;

(v) the searching or boring for, or getting of, petroleum;

(vi) the pumping or raising of brine from shafts, wells, springs or mines or the mining of rocksalt;

(vii) the quarrying or burning of limestone or the hydration of lime;

(viii) the processing of slag;

(ix) the manufacture of pottery or the milling, grinding or mixing of any material for the purpose of such manufacture;

(x) the manufacture, cutting, bevelling, silvering, decorating, calibrating, graduating or toughening of glass or glass articles;

(xi) the manufacture wholly or mainly from plaster of effigies, models or toys;

(xii) the manufacture of any article wholly or mainly from plastics material reinforced by glass fibres or bonding such fibres;

(xiii) the manufacture of any lens for an eye-glass or spectacles, any article embodying a lens or prism, any primary cell or battery or electric accumulator, any electric cable, electric filament lamp, electric discharge lamp or photographic flashbulb, any thermionic, cold cathode or photo-cathode valve or tube, cathode-ray tube, electric capacitor or resistor, any device using ferrite for electrical purposes or any semi-conductor device;

(xiv) the manufacture of any article of jewellery;

(xv) the manufacture of any medical, pharmaceutical or cosmetic product, wholly or mainly from clay or plaster;

(xvi) the pulping or grinding of wood, not being cork;

(xvii) the production of firewood blocks or kindling wood;

(xviii) the manufacture of charcoal;

(xix) the manufacture of brushes or brooms or, for the purpose of such manufacture, the drafting, dressing or mixing of animal hair, natural bristle, bass, whisk or similar fibres;

(xx) the planning, making-up or laying of carpets, carpet underlays, linoleum or similar floor coverings;

(xxi) the manufacture of matches or matchboxes;

(xxii) the manufacture of paper or paperboard;

(xxiii) the manufacture of any articles or products wholly or mainly from paper, paperboard or rubber;

(xxiv) the manufacture of barrels, casks, kegs, tubs, vats, wearing apparel, headgear, footwear or parts of footwear, lasts, tools or, not being sports requisites, toys and games; or

(xxv) the manufacture of articles or products from a mixture of wood-wool together with a cementing or bonding agent;

(d) the activities undertaken by any body or person in exercise of its authority by or under any enactment to act as a harbour authority;

(e) the activities undertaken by any company, body or person in exercise of its authority by or under any enactment to construct, work, maintain or carry on any undertaking for the supply of electricity, gas or water, or any dock or harbour;

(f) any activities specified in paragraph 2 (xxvii) or paragraph 2 (xxviii) of this Schedule when carriedx out by a local authority;

(g) the supply of food or drink for immediate consumption; or

(h) the activities of any company, association or body having as its sole or one of its principal objects the provision of facilities for the employment of or the training or retraining for employment of disabled persons provided the constitution of such company, association or body requires that its income and property shall be applied solely to such object or to such object and other charitable objects and that no portion thereof may be transferred directly or indirectly by way ofdividend, bonus or otherwise howsoever by way of profit to the members of such company, association or body. Nothing herein shall prevent the payment in good faith of reasonable and proper remuneration to any officer or servant of such company, association or body or to any member thereof in return for services actually rendered or the payment of interest at a reasonable rate on money lent or reasonable and proper rent for premises demised or let by a member.

APPENDIX

The activities that would be included in an industry specified in Column 1 hereof by virtue of the industrial training order specified in the corresponding entry in Column 2, if the provisions specified in Column 3 were omitted from the Schedule to that order.

GIVEN under the Seal of An Chomhairle Oiliúna, this 27th day of March, 1969.

The Seal of An Chomhairle Oiliúna was affixed in the presence of:

M. J. KILLEEN,

Chairman,

and

B. Mac Manus,

an officer of An Chomhairle Oiliúna authorised by An Chomhairle Oiliúna to act in that behalf.

EXPLANATORY NOTE.

An Chomhairle Oiliúna (The Industrial Training Authority) was established under the Industrial Training Act, 1967 , to promote training in industry and commerce.

This Order defines the activities of the Construction Industry in relation to which An Chomhairle Oiliúna shall exercise its functions.