S.I. No. 279/1960 - Docks (Safety, Health and Welfare) Regulations, 1960.
S.I. No. 279 of 1960. | |||||||||||||||||||
DOCKS (SAFETY, HEALTH AND WELFARE) REGULATIONS, 1960. | |||||||||||||||||||
I, JOHN LYNCH, Minister for Industry and Commerce, by virtue of section 8 of the Factories Act, 1955 (No. 10 of 1955), and in exercise of the powers conferred on me by sections 57 and 71, by virtue of the operation of section 86 of that Act and, insofar as the following regulations are made in exercise of powers conferred by the said section 71, after consultation with the Minister for Health, and after due compliance with the provisions of the Third Schedule to that Act, hereby make as special regulations, the following regulations: | |||||||||||||||||||
PART I. | |||||||||||||||||||
1.—(1) These Regulations may be cited as the Docks (Safety, Health and Welfare) Regulations, 1960. | |||||||||||||||||||
(2) These Regulations shall come into operation on the 1st day of April 1961. | |||||||||||||||||||
2.—(1) In these Regulations— | |||||||||||||||||||
"processes" means the processes mentioned at Regulation 3 of these Regulations, or any of them; | |||||||||||||||||||
"person employed" means a person employed in the processes; | |||||||||||||||||||
"prescribed" means prescribed by the Minister; | |||||||||||||||||||
"hatch" means an opening in a deck used for the purpose of the processes or for trimming or for ventilation; | |||||||||||||||||||
"hatchway" means the whole space within the square of the hatches, from the top deck to the bottom of the hold; | |||||||||||||||||||
"lifting machinery" means cranes, winches, hoists, derrick booms, derrick and mast bands, goose necks, eyebolts and all other permanent attachments to the derricks, masts and decks, used in hoisting or lowering in connection with the processes; | |||||||||||||||||||
"the Minister" means the Minister for Industry and Commerce; | |||||||||||||||||||
"pulley block" means pulley, block, gin and similar gear, other than a crane block specially constructed for use with a crane to which it is permanently attached. | |||||||||||||||||||
"shallow canal" includes any of the following parts of a canal, canalised river, non-tidal river or inland navigation:— | |||||||||||||||||||
(a) any part having no means of access to tidal waters except through a lock not exceeding ninety feet in length; | |||||||||||||||||||
(b) any part not in frequent use for the processes, and | |||||||||||||||||||
(c) any part at which the depth of water within fifteen feet of the edge does not ordinarily exceed five feet. | |||||||||||||||||||
(2) The Minister may prescribe anything in these Regulations referred to as prescribed or to be prescribed. | |||||||||||||||||||
3.—(1) Subject to paragraphs (2) and (3) of this Regulation, these Regulations shall apply to the processes of loading, unloading, moving and handling goods in, on or at any dock, wharf or quay, and the processes of loading, unloading and coaling any ship in any dock, harbour or canal. | |||||||||||||||||||
(2) Parts III, IV and V and Regulations 51, 52, 53 and 54, of these Regulations shall not apply to the unloading of fish from a vessel employed in the catching of fish. | |||||||||||||||||||
(3) Regulations 13, 14 (so far as regards liability to provide means of access), 15, 17, 18, 20 and 21, paragraph (1) of Regulation 41 and Regulation 52 of these Regulations shall not apply to a barge or lighter. | |||||||||||||||||||
(4) Where a certificate issued by the Minister and for the time being in force states that the application of any requirement of these Regulations relating to safety or health is not necessary in the interests of safety or health or is not reasonably practicable in relation to any particular class or description of dock, wharf or quay, that class or description of dock, wharf or quay shall be exempt from that requirement. | |||||||||||||||||||
4.—(1) It shall be the duty of the person having the general management and control of a dock, wharf or quay to comply with Parts II and VIII of these Regulations but, if any other person has the exclusive right to occupation of any part of the dock, wharf or quay and has the general management and control of such part, the duty in respect of that part shall devolve upon that other person. | |||||||||||||||||||
(2) It shall be the duty of the owner, master or officer in charge of a ship to comply with Part III of these Regulations. | |||||||||||||||||||
(3) It shall be the duty of the owner of machinery or plant used in the processes and, in the case of machinery or plant carried on board a ship, not being a ship registered in the State, it shall also be the duty of the master of the ship, to comply with Part IV of these Regulations. | |||||||||||||||||||
(4) It shall be the duty of every person who by himself, his agents or workmen carries on the processes, and of all agents, workmen and persons employed by him in the processes to comply with Part V of these Regulations but, where the processes are carried on by a stevedore or other person other than the owner of the ship, it shall be the duty of the owner, master or officer in charge of the ship to comply with Regulation 41 of these Regulations in so far as it relates to— | |||||||||||||||||||
(a) any hatch not taken over by the said stevedore or other person for the purpose of the processes, and | |||||||||||||||||||
(b) any hatch which, after having been taken over by the said stevedore or other person for the purpose of the processes— | |||||||||||||||||||
(i) has been reported by written notice in the prescribed, form to the owner, master or officer in charge of the ship, by or on behalf of the said stevedore or other person, as being a hatch at which the processes have been completed or completed for the time being, and | |||||||||||||||||||
(ii) either has been left by the said stevedore or other person fenced or covered as required by Regulation 41 of these Regulations or has been taken into use by or on behalf of the owner of the ship, and in either case has been so reported by such written notice as aforesaid. | |||||||||||||||||||
(5) It shall be the duty of the owner, master or officer in charge of the ship to give immediately a written acknowledgment in the prescribed form of such written notice as aforesaid. | |||||||||||||||||||
(6) It shall be the duty of all persons, whether owners, occupiers or persons employed, to comply with Part VI of these Regulations. | |||||||||||||||||||
(7) Part VII of these Regulations shall be complied with by the persons on whom the duty is placed in that Part. | |||||||||||||||||||
(8) This Regulation shall not have effect in relation to any dock, wharf, quay or ship on a shallow canal. | |||||||||||||||||||
PART II. | |||||||||||||||||||
5. Every regular approach over a dock, wharf or quay which persons employed have to use for going to or from a working place at which the processes are carried on and every such working place on shore shall be maintained with due regard to the safety of the persons employed. In particular the following parts shall, as far as is practicable having regard to the traffic and working, be securely fenced so that the height of the fence shall be in no place less than two feet six inches, and the fencing shall be maintained in good condition ready for use: | |||||||||||||||||||
(a) all breaks, dangerous corners and other dangerous parts or edges of a dock, wharf or quay; | |||||||||||||||||||
(b) both sides of such footways over bridges, caissons and dock gates as are in general use by persons employed, and each side of the entrance at each end of such footway for a sufficient distance not exceeding five yards. | |||||||||||||||||||
6. Provision for the rescue from drowning of persons employed shall be made and maintained, and shall include— | |||||||||||||||||||
(a) a supply of life-saving appliances, kept in readiness on the wharf or quay, which shall be reasonably adequate having regard to all the circumstances, and | |||||||||||||||||||
(b) means, which shall be reasonably adequate having regard to all the circumstances, at or near the surface of the water at reasonable intervals for enabling a person immersed to support himself or escape from the water. | |||||||||||||||||||
7.—(1) All places in which there are persons employed and any dangerous parts of the regular road or way over a dock, wharf or quay, forming the approach to any such place from the nearest highway, shall be efficiently lighted. | |||||||||||||||||||
(2) The towing path of a canal or canalised river shall not be deemed to be "an approach" for the purpose of paragraph (1) of this Regulation. | |||||||||||||||||||
8.—(1) A sufficient number of first-aid boxes or cupboards of the standard prescribed in paragraph C of Regulation 2 of the First Aid in Factories Regulations, 1956 ( S.I. No. 166 of 1956 ), shall be provided at every working place and, if more than one is provided, at reasonable distances from each other. | |||||||||||||||||||
(2) A first-aid box or cupboard shall be marked plainly "First-Aid". | |||||||||||||||||||
9. Nothing except appliances or requisites for first-aid shall be kept in a first-aid box or cupboard. | |||||||||||||||||||
10. A first-aid box or cupboard shall be kept stocked and in good order and shall be placed under the charge of a responsible person who shall always be readily available during working hours. Such person shall, except at docks, wharves or quays at which the total number of persons employed at any time does not exceed fifty, be a person trained in first-aid. | |||||||||||||||||||
11. There shall be provided for use at every dock, wharf or quay at which the total number of persons employed at any time exceeds fifty a mechanically propelled vehicle, which shall be maintained in good condition, for the purpose of, and suitable for the removal of serious cases of accident or sickness, unless arrangements have been made for obtaining an ambulance when required from a hospital or other place situate not more than ten miles from the dock, wharf or quay and in telephonic communication therewith. | |||||||||||||||||||
12. Notices shall be exhibited in prominent positions at every dock, wharf or quay stating— | |||||||||||||||||||
(a) the position of each first-aid box and the place where the person in charge thereof can be found, | |||||||||||||||||||
(b) the position of stretchers or other appliances, and | |||||||||||||||||||
(c) the position of the mechanically propelled vehicle or, where a mechanically propelled vehicle is not provided, the position of the nearest telephone and the name and telephone number of the hospital or other place from which an ambulance may be obtained. | |||||||||||||||||||
PART III. | |||||||||||||||||||
13.—(1) If a ship is lying at a wharf or quay for the purpose of loading or unloading or coaling, there shall be safe means of access for the use of persons employed at such times as they have to pass from the ship to the shore or from the shore to the ship as follows:— | |||||||||||||||||||
(a) where reasonably practicable the ship's accommodation ladder or a gangway or a similar construction not less than twenty-two inches wide, properly secured, and fenced throughout on each side to a clear height of two feet nine inches by means of upper and lower rails, taut ropes or chains or by other equally safe means, except that, in the case of the ship's accommodation ladder, such fencing shall be necessary on one side only if the other side is properly protected by the ship's side. | |||||||||||||||||||
(b) in other cases, a ladder of sound material and adequate length which shall be properly secured to prevent slipping. | |||||||||||||||||||
(2) (a) Nothing in paragraph (1) of this Regulation shall be held to apply to cargo stages or cargo gangways if other proper means of access is provided in conformity with these Regulations. | |||||||||||||||||||
(b) Paragraph (1) of this Regulation shall not apply as regards any sailing vessel not exceeding two hundred and fifty tons net registered tonnage and any steam vessel not exceeding one hundred and fifty tons gross registered tonnage if and while the conditions are such that it is possible without undue risk to pass to and from the ship without the aid of any special appliances. | |||||||||||||||||||
14.—(1) If a ship is alongside any other ship, vessel or boat and persons employed have to pass from one to the other, safe means of access shall be provided for their use unless the conditions are such that it is possible to pass from one to the other without undue risk without the aid of any special appliance. | |||||||||||||||||||
(2) If one of such ships, vessels or boats is a sailing barge flat, keel, lighter or other similar vessel of relatively low freeboard, the means of access shall be provided by the ship which has the higher freeboard. | |||||||||||||||||||
15.—(1) If the depth from the level of the deck to the bottom of the hold exceeds five feet, there shall be maintained safe means of access from the deck to the hold in which work is being carried on. | |||||||||||||||||||
(2) Save as hereinafter provided, such access shall be afforded by ladder and by ladder cleats or cups on the coamings, and shall not be deemed to be safe— | |||||||||||||||||||
(a) unless the ladders between the lower decks are in the same line as the ladder from the top deck, if the same is practicable having regard to the position of the lower hatch or hatches; | |||||||||||||||||||
(b) unless the ladders provide a foothold of a depth, including any space behind the ladder, of not less than four and one-half inches for a width of ten inches and a firm handhold; | |||||||||||||||||||
(c) unless the cleats or cups provided on coamings— | |||||||||||||||||||
(i) provide a foothold of a depth including any space behind the cleats or cups of not less than four and one-half inches for a width of ten inches and a firm handhold, | |||||||||||||||||||
(ii) are so constructed as to prevent a man's foot slipping off the side, and | |||||||||||||||||||
(iii) are placed vertically one above the other and in the same line as the ladders to which they give access; | |||||||||||||||||||
(d) unless the cargo is stowed sufficiently far from the ladder to leave at each rung of the ladder foothold of a depth including any space behind the ladder of not less than four and one-half inches for a width of ten inches and a firm handhold; | |||||||||||||||||||
(e) unless there is room to pass between a winch or other obstruction and the coamings at the place where the ladder leaves the deck; | |||||||||||||||||||
(f) if the ladder is recessed under the deck more than is reasonably necessary to keep the ladder clear of the hatchway, | |||||||||||||||||||
but such access may be afforded— | |||||||||||||||||||
(i) where the provision of a ladder on a bulkhead or in a trunk hatchway can be shown to be reasonably impracticable, by cleats or cups complying with the requirements of subparagraph (c) of this paragraph, | |||||||||||||||||||
(ii) by ladders or steps, separate from any hatchway or sloping from deck to deck, if such ladders. or steps comply with the requirements of sub-paragraphs (b), (d) and (e) of this paragraph. | |||||||||||||||||||
(3) Shaft tunnels shall be equipped with adequate handhold and foothold on each side. | |||||||||||||||||||
16. When the processes are being carried on— | |||||||||||||||||||
(a) the places in the hold and on the decks where work is being carried on, | |||||||||||||||||||
(b) the means of access provided in pursuance of Regulations 13 and 14 of these Regulations, and | |||||||||||||||||||
(c) all parts of the ship to which persons employed may be required to proceed in the course of their employment, | |||||||||||||||||||
shall be efficiently lighted, due regard being had to the safety of the ship and cargo, of all persons employed and of the navigation of other vessels and to the duly approved bye-laws or regulations of any authority having power by statute to make bye-laws or regulations subject to approval by some other authority. | |||||||||||||||||||
17. All fore and aft beams and thwartship beams used for hatch covering shall have suitable gear for lifting them on and off without it being necessary for any person to go upon them to adjust such gear. | |||||||||||||||||||
18.—(1) All hatch coverings shall be kept plainly marked to indicate the deck and hatch to which they belong and their position therein but this Regulation shall not apply in cases where all the hatch coverings of a ship are interchangeable or, in respect of marking of position, where all hatch coverings of a hatch are interchangeable. | |||||||||||||||||||
(2) Paragraph (1) of this Regulation shall apply to fore and aft beams and to thwartship beams as it applies to hatch coverings. | |||||||||||||||||||
19. All fore and aft beams and thwartship beams used for hatch covering and all hatch coverings shall be maintained in good condition. | |||||||||||||||||||
20. Adequate hand grips shall be provided on all hatch coverings, having regard to their size and weight, unless the construction of the hatch or the hatch cove rings is of a character rendering the provision of hand grips unnecessary. | |||||||||||||||||||
21. Where the working space around a hatch is less than two feet wide, such provision shall be made as will enable persons employed to remove and replace in safety all fore and aft beams and thwartship beams used for hatch covering and all hatch coverings. | |||||||||||||||||||
PART IV. | |||||||||||||||||||
22.—(1) All lifting machinery shall have been tested and examined by a competent person in the manner set out in the Schedule to these Regulations before being taken into use. | |||||||||||||||||||
(2) (a) All derricks and permanent attachments, including bridle chains, to the derrick, mast and deck, used in hoisting or lowering shall be inspected once in every twelve months and be thoroughly examined once at least in every four years. | |||||||||||||||||||
(b) All other lifting machinery shall be thoroughly examined once at least in every twelve months. | |||||||||||||||||||
(c) For the purposes of this Regulation, thorough examination means a visual examination, supplemented if necessary by other means such as a hammer test, carried out as carefully as the conditions permit, in order to arrive at a reliable conclusion as to the safety of the parts examined and, if necessary for the purpose, parts of the machines and gear must be dismantled. | |||||||||||||||||||
23.—(1) No chain, ring, hook, shackle, swivel or pulley block shall be used in hoisting or lowering unless it has been tested and examined by a competent person in the manner set out in the Schedule to these Regulations. | |||||||||||||||||||
(2) All chains, other than bridle chains attached to derricks or masts, and all rings, hooks, shackles and swivels used in hoisting or lowering shall, unless they have been subjected to such other treatment as may be prescribed, be effectually annealed under the supervision of a competent person and at the following intervals:— | |||||||||||||||||||
(a) half inch and smaller chains, rings, hooks, shackles and swivels in general use, once at least in every six months, | |||||||||||||||||||
(b) all other chains, rings, hooks, shackles and swivels in general use once at least in every twelve months, | |||||||||||||||||||
save that the foregoing provisions of this paragraph shall, in their application to such gear used solely on cranes and other hoisting appliances worked by hand, have effect as if "twelve months" were substituted for "six months" in subparagraph (a) and "two years" for "twelve months" in subparagraph (b). | |||||||||||||||||||
(3) Where the Minister is of opinion that, owing to the size, design, material or infrequency of use of any gear or class of gear to which paragraph (2) of this Regulation relates, the requirement as to annealing is not necessary for the protection of persons employed, he may by certificate in writing (which he may in his discretion revoke} exempt such gear or class of gear from the requirement subject to such conditions as may be specified in the certificate. | |||||||||||||||||||
(4) All chains, other than bridle chains attached to derricks or masts, and all rings, hooks, shackles, swivels and pulley blocks shall be inspected by a competent person immediately before each occasion on which they are used in hoisting or lowering, unless they have been inspected within the preceding three months. | |||||||||||||||||||
(5) All chains, rings, hooks, shackles or swivels used in hoisting or lowering which have been lengthened, altered or repaired by welding shall, before being again taken into use, be adequately tested and re-examined. | |||||||||||||||||||
24.—(1) No rope shall be used in hoisting or lowering unless— | |||||||||||||||||||
(a) it is of suitable quality and free from patent defect, and | |||||||||||||||||||
(b) in the case of wire rope, it has been examined and tested by a competent person in the manner set out in the Schedule to these Regulations. | |||||||||||||||||||
(2) Every wire rope in general use for hoisting or lowering shall be inspected by a competent person once at least in every three months, provided that, after any wire has broken in such rope, it shall be inspected once at least in every month. | |||||||||||||||||||
(3) No wire rope shall be used in hoisting or lowering if, in any length of eight diameters, the total number of visible broken wires exceeds ten per cent. of the total number of wires or the rope shows signs of excessive wear, corrosion or other defect which, in the opinion of the person who inspects it, renders it unfit for use. | |||||||||||||||||||
(4) (a) A thimble or loop slice made in any wire rope shall have at least three tucks with a whole strand of the rope and two tucks with one half of the wires cut out of each strand. The strands in all cases shall be tucked against the lay of the rope. | |||||||||||||||||||
(b) Subparagraph (a) of this paragraph shall not operate to prevent the use of another form of splice which can be shown to be as efficient as that laid down in that sub-paragraph. | |||||||||||||||||||
25. For the purposes of Regulations 22, 23 and 24 of these Regulations, a person shall not be deemed to be a competent person if and in so far as the Minister has given notice in writing that such person is, in his opinion, not technically qualified to carry out the tests, examinations or annealing required by these Regulations. | |||||||||||||||||||
26.—(1) Certificates in the prescribed forms and containing the prescribed particulars with regard to the tests, examinations, inspections, annealing or other treatment required under Regulation 22, paragraphs (1) and (2) of Regulation 23 and sub-paragraph (b) of paragraph (I) of Regulation 24 of these Regulations shall be obtained and entered in or attached to the prescribed register before the machinery, chain, rope or other gear to which the certificate relates is subsequently taken into use in connection with the processes. | |||||||||||||||||||
(2) The prescribed register with the certificates required to be attached to it shall be kept on the premises unless some other place has been approved in writing by the Minister. | |||||||||||||||||||
27. No pulley block shall be used in hoisting or lowering unless the safe working load is clearly stamped upon it. | |||||||||||||||||||
28.—(1) Means shall be provided to enable any person using a chain sling or a wire-rope sling to ascertain the safe working load for such sling under such conditions as it may be used. | |||||||||||||||||||
(2) As regards chain slings, such means shall consist of marking the safe working load in plain figures upon a tablet or ring of durable material attached securely thereto. | |||||||||||||||||||
(3) As regard wire-rope slings, such means shall consist of either the means specified in paragraph (2) of this Regulation or a notice or notices, so exhibited as to be easily read by any person concerned, stating the safe working loads for the various sizes of wire-rope slings used. | |||||||||||||||||||
29. Chains shall not be shortened by tying knots in them, and suitable packing shall be provided to prevent the links coming into contact with sharp edges of loads of hard material. | |||||||||||||||||||
30. All motors, cog-wheels, chain and friction gearing, shafting, live electric conductors and steam pipes shall (unless it can be shown that by their position and construction they are equally safe to every person employed as they would be if securely fenced) be securely fenced so far is is practicable without impeding the safe working of the ship and without infringing any requirement of the Minister for Transport and Power under the provisions of the Merchant Shipping Acts, 1894 to 1957. | |||||||||||||||||||
31. Cranes and winches shall be provided with such means as will reduce to a minimum the risk of the accidental descent of a load while being raised or lowered. In particular, the lever controlling the link motion reversing gear of a crane or winch shall be provided with a suitable spring or other locking arrangement. | |||||||||||||||||||
32. The driver's platform on every crane or tip driven by mechanical power shall be securely fenced and shall be provided with safe means of access. In particular, where access is by a ladder— | |||||||||||||||||||
(a) the sides of the ladder shall extend to a reasonable distance beyond the platform or some other suitable handhold shall be provided, | |||||||||||||||||||
(b) the landing place on the platform shall be maintained free from obstruction, and | |||||||||||||||||||
(c) in cases where the ladder is vertical and exceeds thirty feet in height, a resting place shall be provided approximately midway between the platform and the foot of the ladder. | |||||||||||||||||||
33. Every crane and derrick shall have the safe working load plainly marked upon it, and every shore crane, if so constructed that the safe working load may be varied by the raising or lowering of the jib or otherwise, shall have attached to it an automatic indicator of safe working loads, save that, in cases where the jib may be raised or lowered, provision on the crane of a table showing the safe working loads at the corresponding inclinations of radii of the jib shall be considered sufficient compliance. | |||||||||||||||||||
34. Adequate measures shall be taken to prevent exhaust steam from, and, so far as is practicable, live steam to, any crane or winch obscuring any part of the decks, gangways, stages, wharf or quay where any person is employed in the processes. | |||||||||||||||||||
35. Appropriate measures shall be taken to prevent the foot of a derrick being accidentally lifted out of its socket or support. | |||||||||||||||||||
PART V. | |||||||||||||||||||
36. Precautions shall be taken to facilitate the escape of the workers when employed in a hold or on 'tween decks in dealing with coal or other bulk cargo. | |||||||||||||||||||
37.—(1) No lifting machinery, chains or other lifting appliance shall be loaded beyond the safe working load, except that a crane may be loaded beyond the safe working load in exceptional cases to such extent and subject to such conditions as may be approved by the engineer in charge or other competent person, if, on each occasion— | |||||||||||||||||||
(a) the written permission of the owner or his responsible agent has been obtained, and | |||||||||||||||||||
(b) a record of the overload is kept, | |||||||||||||||||||
but, where the load upon a single sheave pulley block is attached to the pulley block instead of to the chain or rope passing round the sheave, the load on the pulley block shall be deemed, for the purpose of this Regulation, to be half the actual load. | |||||||||||||||||||
(2) No load shall be left suspended from a crane, winch, or other machine unless there is a competent person actually in charge of the machine while the load is so left. | |||||||||||||||||||
38. No person under sixteen years of age and no person who is not sufficiently competent and reliable shall be employed as driver of a crane or winch, whether driven by mechanical power or otherwise, or to give signals to a driver or to attend to cargo falls on winch-ends or winch-bodies. | |||||||||||||||||||
39. Where goods are placed on a wharf or quay other than a wharf or quay on a shallow canal— | |||||||||||||||||||
(a) a clear passage leading to the means of access to the ship required by Regulation 13 of these Regulations shall be maintained on the wharf or quay, and | |||||||||||||||||||
(b) if any space is left along the edge of the wharf or quay, it shall be at least three feet wide and clear of all obstructions other than fixed structures, plant and appliances in use. | |||||||||||||||||||
40.—(1) No deck-stage or cargo-stage shall be used in the processes unless it is substantially and firmly constructed and adequately supported and, where necessary, securely fastened. | |||||||||||||||||||
(2) No truck shall be used for carrying cargo between ship and shore on a stage so steep as to be unsafe. | |||||||||||||||||||
(3) Any stage which is slippery shall be made safe by the use of sand or otherwise. | |||||||||||||||||||
41.—(1) (a) If any hatch of a hold accessible to any person employed and exceeding five feet in depth, measured from the level of the deck in which the hatch is situated to the bottom of the hold, is not in use for the passage of goods, coal or other material or for trimming, and the coamings are less than two feet six inches in height, such hatch shall either be fenced to a height of three feet or be securely covered. | |||||||||||||||||||
(b) Subparagraph (a) of this paragraph shall not apply— | |||||||||||||||||||
(i) to vessels not exceeding two hundred tons net registered tonnage which have only one hatchway, or | |||||||||||||||||||
(ii) to any vessel during meal times or other short interruptions of work during the period of employment. | |||||||||||||||||||
(2) Hatch coverings shall not be used in the construction of deck or cargo stages or for any other purpose which may expose them to damage. | |||||||||||||||||||
(3) Hatch coverings shall be replaced on the hatches in the positions indicated by the markings made thereon in pursuance of Regulation 18 of these Regulations. | |||||||||||||||||||
42.—(1) No cargo shall be loaded or unloaded by a fall or sling at any intermediate deck unless either the hatch at that deck is securely covered or a secure landing platform of a width not less than that of one section of hatch coverings has been placed across it. | |||||||||||||||||||
(2) Paragraph (1) of this Regulation shall not apply to any process of unloading the whole of which will be completed within a period of half an hour. | |||||||||||||||||||
43.—(1) When the working space in a hold is confined to the square of the hatch, hooks shall not be made fast in the bands or fastening of bales of cotton, wool, cork, gunny bags or other similar goods, nor shall can hooks be used for raising or lowering a barrel when, owing to the construction or condition of the barrel or of the hooks, their use is likely to be unsafe. | |||||||||||||||||||
(2) Paragraph (1) of this Regulation shall not apply to breaking out or making up slings. | |||||||||||||||||||
44. When work is proceeding on any skeleton deck, adequate staging shall be provided unless the space beneath the deck is filled with cargo to within a distance of two feet of such deck. | |||||||||||||||||||
45. Where stacking, unstacking, stowing or unstowing of cargo or handling in connection therewith cannot be safely carried out unaided, reasonable measures to guard against accident shall be taken by shoring or otherwise. | |||||||||||||||||||
46. The beams of any hatch in use for the processes shall, if not removed, be adequately secured to prevent their displacement. | |||||||||||||||||||
47.—(1) When cargo is being loaded or unloaded by a fall at a hatchway, a signaller shall be employed and, where more than one fall is being worked at a hatchway, a separate signaller shall be employed to attend to each fall. | |||||||||||||||||||
(2) (a) Paragraph (1) of this Regulation shall not apply in cases where a barge, lighter or other similar vessel is being loaded or unloaded if the driver of the crane or winch working the fall has a clear and unrestricted view of those parts of the hold where work is being carried on. | |||||||||||||||||||
(b) Where the Minister is of opinion that, owing to the nature of the crane or winch or other appliance in use or by reason of any special arrangements, the requirements of paragraph (1) of this Regulation are not necessary for the safety of persons employed, he may, by certificate in writing (which he may in his discretion revoke) suspend such requirements subject to such conditions as may be specified in the certificate. | |||||||||||||||||||
48. When any person employed has to proceed to or from a ship by water for the purpose of carrying on the processes, proper measures shall be taken to provide for his safe transport. Vessels used for this purpose shall be in charge of a competent person, shall not be over-crowded and shall be properly equipped for safe navigation and maintained in good condition. | |||||||||||||||||||
PART VI. | |||||||||||||||||||
49. A person shall not, unless duly authorised or in case of necessity, remove or interfere with any fencing, gangway, gear, ladder, hatch covering, life-saving means or appliances, lights, marks, stages or other things whatsoever required by these Regulations to be provided. If removed, such things shall be restored at the end of the period during which their removal was necessary by the persons last engaged in the work that necessitated their removal. | |||||||||||||||||||
50. The fencing required by Regulation 5 of these Regulations shall not be removed except to the extent and for the period reasonably necessary for carrying on the work of the dock or ship, or for repairing any fencing. If removed it shall be restored forthwith at the end of that period by the persons engaged in the work that necessitated its removal. | |||||||||||||||||||
51. Every person employed shall use the means of access provided in accordance with Regulations 13, 14 and 15 of these Regulations and a person shall not authorise or order another to use means of access other than those provided in accordance therewith. | |||||||||||||||||||
52. A person shall not go upon the fore and aft beams or thwartship beams for the purpose of adjusting the gear for lifting them on and off, and a person shall not authorise or order another to do so. | |||||||||||||||||||
PART VII. | |||||||||||||||||||
53. An employer of persons in the processes shall not allow machinery or gear to be used by such persons which does not comply with Part IV of these Regulations. | |||||||||||||||||||
54. If the persons whose duty it is to comply with Regulations 13, 14 and 16 of these Regulations fail so to do, then, it shall also be the duty of the employers of the persons employed for whose use the means of access and the lights are required, to comply with the said Regulations within the shortest time reasonably practicable after such failure. | |||||||||||||||||||
55. The prescribed register shall, on the application of any of the Inspectors of Factories, be produced by the person in charge thereof; if if relates to the lifting machinery and other gear of a ship and is kept on the ship, it shall be produced, together with the certificate of the ship's register, by the person for the time being in charge of the ship. | |||||||||||||||||||
PART VIII. | |||||||||||||||||||
56. Sufficient and suitable sanitary accommodation in the way of sanitary conveniences shall be provided, maintained and kept clean where the processes are carried on. | |||||||||||||||||||
57.—(1) Every sanitary convenience shall be under cover and so partitioned off as to secure privacy and shall have a proper door and fastenings, and urinals shall be so placed and so screened as not to be visible from places where persons work or pass. | |||||||||||||||||||
(2) Each convenience or group of conveniences shall be provided with a floor drain with water seal and facilities for flushing the floor. | |||||||||||||||||||
(3) Effective provision shall be made for lighting the conveniences. | |||||||||||||||||||
58. An adequate supply of wholesome drinking water and adequate and suitable facilities for washing shall be provided and maintained where the processes are carried on. | |||||||||||||||||||
59. The Docks Regulations, 1928 (S. R. & O., No. 69 of 1928), are hereby revoked. | |||||||||||||||||||
SCHEDULE. | |||||||||||||||||||
REGULATIONS 22 (1), 23 (1) AND 24 (1) | |||||||||||||||||||
Manner of Test and Examination before taking lifting Machinery and Gear into Use. | |||||||||||||||||||
1. Every winch with the whole of the gear accessory thereto (including derricks goose necks, eye-plates, eye-bolts or other attachments) shall be tested with a proof load which shall exceed the safe working load as follows:— | |||||||||||||||||||
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The said proof load. shall be applied either— | |||||||||||||||||||
(a) by hoisting movable weights, or | |||||||||||||||||||
(b) by means of a spring or hydraulic balance or similar appliance, with the derrick at an angle to the horizontal which shall be stated in the certificate of the test. | |||||||||||||||||||
In the former case, after the movable weights have been hoisted, the derrick shall be swung as far as possible in both directions. In the latter case, the proof load shall be applied with the derrick swung as far as practicable first in one direction and then in the other. | |||||||||||||||||||
2. Every crane and other hoisting machine with its accessory gear shall be tested with a proof load which shall exceed the safe working load as follows: | |||||||||||||||||||
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The said proof load shall be hoisted and swung as far as possible in both directions. In the case of a jib-crane, if the jib has a variable radius, it shall be tested with a proof load as defined above at the maximum and minimum radii of the jib. In the case of hydraulic cranes or hoists, where, owing to the limitation of pressure, it is impossible to hoist a load twenty-five per cent. in excess of the safe working load, it shall be sufficient to hoist the greatest possible load. | |||||||||||||||||||
3.—(1) Every article of loose gear (whether it is accessory to a machine or not) shall be tested with a proof load at least equal to that shown against the article in the following table | |||||||||||||||||||
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(2) Where the Minister is of opinion that, owing to the size, design, construction, material or use of any such loose gear or class of such gear, any of the above requirements are not necessary for the protection of persons employed, he may by certificate in writing (which lie may in his discretion revoke) exempt such gear or class of gear from such requirement, subject to such conditions as may be stated in the certificate. | |||||||||||||||||||
4. After being tested as aforesaid, all machines with the whole of the gear accessory thereto and all loose gear shall be examined, the sheaves and the pins of the pulley blocks being removed for the purpose, to see that no part is injured or permanently deformed by the test. | |||||||||||||||||||
5. In the case of wire ropes, a sample shall be tested to destruction and the safe working load shall not exceed one-fifth of the breaking load of the sample tested. | |||||||||||||||||||
GIVEN under my Official Seal, this 31st day of December, 1960. | |||||||||||||||||||
JOHN LYNCH, | |||||||||||||||||||
Minister for Industry and Commerce. | |||||||||||||||||||
EXPLANATORY NOTE. | |||||||||||||||||||
The purpose of these Regulations is to prescribe measures which must be taken to ensure the safety, health and welfare of persons employed at docks, wharves and quays. |