S.I. No. 322/1975 - Shipbuilding and Ship-Repairing (Safety, Health and Welfare) Regulations, 1975

S.I. No. 322 of 1975.

SHIPBUILDING AND SHIP-REPAIRING (SAFETY, HEALTH AND WELFARE) REGULATIONS, 1975

ARRANGEMENT OF REGULATIONS.

PART I.

Interpretation and general .

Regulation

1. Citation, commencement.

2. Revocation.

3. Interpretation.

4. Application of Regulations.

5. Obligations under Regulations.

6. Posting of Regulations.

PART II.

Means of Access and Egress, Place of Work and Staging.

7. Safe access in general.

8. General access to vessels in a shipyard.

9. Access to dry dock.

10. Access to vessels at wharf or quay or in dry dock.

11. Access between vessels.

12. Vessels used for access or as a working place.

13. Access to and from bulwarks.

14. Further Provisions as to access.

15. Ladders.

16. Lashing of ladders.

17. Material for staging.

18. Staging, dry dock altars and shoring sills.

19. Upright used for hoisting block.

20. Support of stages on planks.

21. Suspended stages.

22. Boatswains' chairs.

23. Rising stages.

24. Width of stages.

25. Stages from which a person is liable to fall more than 2 metres (6 feet 6 inches).

PART III.

Precautions against Falls of Persons, Materials and Articles.

26. Fencing of dry docks.

27. Protection of openings.

28. Fall of articles from stages.

29. Boxes for loose articles (not tools).

30. Throwing down materials and articles.

31. Loose articles or materials.

PART IV.

Raising and Lowering etc.

32. Application of Part IV.

33. Operation of Part IV.

34. Construction of lifting appliances.

35. Tests, examinations and marking of lifting appliances.

36. Construction of chains, ropes and lifting gear.

37. Testing and annealing of chains, etc.

38. Periodic examination of chains, ropes, etc.

39. Indication of safe working loads.

40. Splices in wire ropes.

41. Load not to exceed safe working load.

42. Secureness of loads.

43. Support of lifting appliances and lifting gear.

44. Wire ropes with broken wires.

45. Knotted chains, etc.

46. Precautions against damage to chains and ropes.

47. Loads on lifting appliances.

48. Heavy loads.

PART V.

Precautions against Asphyxiation Injurious Fumes or Explosions.

49. Ventilation of confined spaces.

50. Precautions against flammable gas or vapour.

51. Precautions against shortage of oxygen.

52. Precautions against dangerous fumes.

53. Application of Regulations 51 and 52.

54. Dangerous substances, dust or fumes.

55. Rivet fires.

56. Placing of gas cylinders and acetylene generators.

57. Further provisions as to acetylene generators.

58. Construction of plant for cutting, welding or heating metal.

59. Precautions after use of apparatus for cutting, welding or heating metal.

60. Naked lights on oil-carrying vessels.

61. Entering oil tanks.

62. Duration of certificates.

63. Posting of certificates.

64. Cleaning of oil tanks.

65. Invalidation of certificates.

66. Provisions as to work in other compartments or spaces.

67. Exceptions from Regulations 60 and 64.

68. Air testing of tanks.

69. Deluging system.

PART VI.

Miscellaneous Safety Precautions.

70. Fencing of machinery.

71. Air receivers.

72. Lighting.

73. Work in boilers, etc.

74. Hatch beams.

75. Jumped-up bolts.

PART VII.

Protective Wear.

76. Hand protection.

77. protection in connection with cutting or welding.

78. Eye protection for other processes.

79. Protection against dust.

80. Protective head gear.

81. Protective clothing.

PART VIII.

Miscellaneous Health Provisions.

82. Prohibition of employment of young persons in certain processes.

83. Exhaust gases.

PART IX.

Training and Supervision .

84. Young persons.

85. Safety supervision.

PART X.

Miscellaneous General Provisions.

86. Canteen facilities.

87. Cloakroom facilities.

88. Washing facilities.

89. Stretchers, ambulances and ambulance rooms, etc.

90. First-aid.

91. and 92. Fire precautions.

S.I. No. 322 of 1975.

SHIPBUILDING AND SHIP-REPAIRING (SAFETY, HEALTH AND WELFARE) REGULATIONS, 1975.

I, MICHAEL O'LEARY, Minister for Labour, in exercise of the powers conferred on me by Sections 6, 53, 57, and 71 of the Factories Act, 1955 (No. 10 of 1955), and the Labour (Transfer of Departmental Administration and Ministerial Functions) Order, 1966 ( S.I. No. 164 of 1966 ), 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.Interpretation and General.

1. (1) These Regulations may be cited as the Shipbuilding and Ship-repairing (Safety, Health and Welfare) Regulations, 1975.

(2) ( a ) These Regulations, other than Regulations 9, 10 (2), 25 and 26 shall come into operation on the 12th day of January, 1976.

( b ) Regulations 9, 10 (2) and 25 shall come into operation 12 months after the making of these Regulations.

( c ) Regulation 26 shall come into operation 24 months after the making of these Regulations.

2. The Regulations for the Construction and Repair of Ships in Shipbuilding Yards, 1914 (S.R. & O. No. 461 of 1914) are hereby revoked.

3. (1) In these Regulations—

"the Act" means the Factories Act, 1955 (No. 10 of 1955);

"approved" means approved for the time being by the Minister;

"available for inspection" means available for inspection by any person using or proposing to use the machinery or plant and by any inspector appointed under the Act;

"certificate of entry" means a certificate given by a responsible person to certify that he has, in an adequate and suitable manner, tested the atmosphere in the place or places specified in the certificate and that, in his opinion, having regard to all the circumstances of the case, including the likelihood or otherwise of the atmosphere being or becoming dangerous, persons may be permitted to enter such place or places without wearing breathing apparatus;

"lifting appliance" means a crab, winch, pulley block or gin wheel used for raising or lowering, a crane, derrick, sheer-legs, teagle, transporter or runway;

"lifting gear" means a chain sling, rope sling, plate clamp, ring, link, hook, shackle, swivel or eye-bolt used in conjunction with a lifting appliance;

"the Minister" means the Minister for Labour;

"naked light certificate" means a certificate given by a competent analyst to certify that he has, in an adequate and suitable manner, tested, for the presence of flamable vapour, the place or places specified in the certificate and that, in his opinion, having regard to all the circumstances of the case, including the likelihood or otherwise of the atmosphere becoming flamable, the use of naked lights, fires, lamps or heated rivets may be permitted in such place or places;

"oil" means any liquid which has a flashpoint below 141 degrees Celsius (Abel closed test or Pensky-Martens closed test, whichever is appropriate) and also includes lubricating oil, liquid methane, liquid butane, liquid propane and liquified petroleum gas;

"oil-tank" means any tank or compartment in which oil is, or has been, carried as cargo or for use as lubricating oil, as engine fuel or boiler fuel;

"the operations" mean, in relation to a ship or vessel, its construction, reconstruction, repairing, refitting, painting and finishing, the scaling, scurfing or cleaning of its boilers (including combustion chambers or smoke boxes), and the cleaning of its bilges or oil-fuel tanks or any of its tanks last used for carrying oil. For the purpose of this definition the expression "oil" means oil of any description, whether or not oil within the meaning of the foregoing definition of that expression;

"overall depth" means the vertical distance between the uppermost deck at the side of the vessel and the bottom of the keel, measured at the middle of the overall length;

"person employed" means a person employed in any of the operations;

"public dry dock" means a dry dock which is available for hire;

"safe working load" means the relevant safe working load specified in the latest certificate of test obtained for the purposes of Regulations 35 or 37;

"ship", "vessel" and "harbour" have the same meaning as in the Merchant Shipping Act, 1894, except that neither the expression "ship" nor the expression "vessel" shall include a caisson, dock gate or pontoon but shall include a ship or a vessel in the course of construction;

"shipyard" means any yard, marine lift, patent slipway or dry dock (including the precincts thereof) in which ships or vessels are constructed, reconstructed, repaired, refitted or finished;

"stage" means any temporary platform on or from which persons employed perform work in connection with the operations, but does not include a boatswain's chair;

"staging" includes any stage, and any upright, thwart, thwart pin, wedge, distance piece, bolt or other appliance or material, not being part of the structure of the vessel, which is used in connection with the support of any stage, and any guard-rails connected with a stage;

"structure" in Regulations 34, 37, 38, and 39 includes a vessel;

"tanker" means a vessel constructed or adapted for carrying a cargo of oil in bulk;

"young person" has the same meaning as in the Act.

(2) References in these Regulations to any enactment shall be construed as references to that enactment as amended by or under any other enactment.

4. (1) Subject to paragraph (2) of this regulation, these Regulations shall apply to work carried out in any of the operations in a shipyard, harbour or wet dock.

(2) ( a ) Nothing in Parts II to X of these Regulations, other than Regulations 7, 15, 16, 32 to 68, 70, 74 to 81 shall apply in relation to operations in a shipyard which are not carried out upon vessels which both exceed 21.3 metres (70 feet) in length measured overall and have an overall depth exceeding 2.9 metres (9 feet 6 inches).

( b ) Nothing in Parts II to X of these Regulations, other than Regulations 7, 15, 16, 32 to 68, 70, and 74 to 81 shall apply in relation to the carrying out of the operations, in a harbour or wet dock, upon ships which either do not exceed 21.3 metres (70 feet) in length measured overall or have an overall depth not exceeding 2.9 metres (9 feet 6 inches).

( c ) Regulations 8, 13 to 25 and 27 to 31 of these Regulations shall not apply in relation to the carrying out of the operations, in a public dry dock, upon vessels which either do not exceed 21.3 metres (70 feet) in length measured overall or have an overall depth not exceeding 2.9 metres (9 feet 6 inches).

(3) The Minister may (subject to such conditions, if any, as may be specified therein) by certificate in writing (which he may at his discretion revoke at any time) exempt from all or any of the requirements of these Regulations—

(i) any shipyard or any harbour or wet dock or any class or description of yards, dry docks, harbours or wet docks; or

(ii) any class or description of ships

if he is satisfied that the requirements in relation to which the exemption is granted are not necessary for the protection of persons employed of not reasonably practicable. Whenever such an exemption is granted a legible copy of the certificate, showing the conditions, if any, subject to which it has been granted, shall be kept posted in a position where it may be conveniently read by the persons employed.

(4) Save as expressly provided in Regulations 33, 53, 54 and 70 of these Regulations, the provisions of these Regulations shall be in addition to and not in substitution for, or in diminution of, other requirements imposed by or under the Act.

5. (1) It shall be the duty of every employer who is undertaking any of the operations to comply, in so far as they affect any person employed by him in relation to any work, act or operation performed by that person, with the following Regulations, that is to say—

( a ) Regulations 7, 9 (1), 12 (1), 14, 15 (1) to 15 (13), 16, 18 (1), 18 (2), 18 (3), 18 (4), 18 (6), 19, 20 (1), 21, 22, 23, 24, 25, 26 (2), 29 (1), 49, 50, 51, 52, 57 (2), 61 (1), 61 (2), 73 (1), 73 (4), 76, 77, 78, 79, 80, 81, 82, 83, 84 and 85;

( b ) Regulations 12 (2) and 17 except in so far as a person having the general management and control of a public dry dock is responsible under paragraph (6) of this regulation;

( c ) Regulation 72 (1), except in so far as the person having the general management and control of a public dry dock is responsible under paragraph (6) of this regulation, or the person having the general management and control of a dock, wharf or quay is responsible under paragraph (7) of this regulation;

( d ) Regulation 27, except in so far as the shipowner or master or officer in charge is responsible under paragraph (8) of this regulation, and except in so far as the stevedore or other person carrying on any of the processes of loading, unloading or coaling the ship or vessel is responsible by virtue of the Docks (Safety Health and Welfare) Regulations, 1960 ( S.I. No. 279 of 1960 ); and

( e ) Regulation 73 (2) and 73 (3), except in so far as the shipowner or master or officer in charge is responsible under paragraph (8) of this regulation.

(2) It shall be the duty of every employer who is undertaking any of the operations to comply, in so far as they affect any person, whether that person is employed by him or not, with the following Regulations, that is to say—

( a ) Regulations 28, 30 (1), 30 (2), 31 (1), 54, 55 (1), 64, 65, 66, 67, 74 and 75; and

( b ) Regulations 60 and 63, except in so far as the shipowner or master or officer in charge is responsible under paragraph (8) of this regulation.

(3) It shall be the duty of the owner of any machinery, plant, equipment or appliance to which any of the provisions of Regulations 34, 35, 36, 37, 38, 39, 40, 70 and 71 applies to comply with those provisions; and in the case of any such machinery, plant, equipment or appliance carried on board a ship not registered in the State it shall also be the duty of the master or officer in charge of the ship to comply with those provisions. It shall be the duty of every employer not to use any machinery, plant, equipment or appliance which does not comply with those provisions.

(4) ( a ) It shall be the duty of every person who installs or places in position any machinery, plant, equipment or appliance to which any of the provisions of Regulations 43, 56 (1), 56 (2), 57 (1) (a) and 58 applies to install or place in position such machinery, plant, equipment or appliance in a manner which complies with those provisions;

( b ) It shall be the duty of every person who works or uses any machinery, plant, equipment or appliance to which any of the provisions of Regulations 41, 42, 43, 44, 45, 46, 47, 48, 56, 57, 58 (1), 58 (2), 58 (3), 58 (4), 59, 72 (4), 72 (5) and 81 applies to work or use such machinery, plant, equipment or appliance in a manner which complies with those provisions.

(5) In the case of a shipyard other than a public dry dock, it shall be the duty of the person having the general management and control thereof to comply with the provisions of Regulation 8 and 9, Regulation 10 (2) in so far as it relates to hand-holds provided by such person, Regulations 18 (5), 26 (1) and 89 and (except in so far as the shipowner or master or officer in charge is responsible under paragraph (8) of this Regulation) Regulations 10 (1), 11, 13, 60, 63, 85, 87, 89, 90, and 91.

(6) In the case of a public dry dock—

( a ) it shall be the duty of the person having the general management and control of the dock to comply, in relation to gangways, platforms and stairways provided by him, with the provisions of Regulations 8, 10 (1) and 13 other than the provisions relating to use of such gangways, platforms and stairways, and to comply with the provisions of Regulation 9 (1), and Regulation 10 (2), in so far as it relates to hand-holds provided by him, Regulation 12 (2), in so far as it relates to the sound construction of scows or floating platforms provided by him, Regulation 17, in so far as it relates to the soundness of any material or appliance provided by him for the construction of staging, Regulations 18 (5) and 26 (1), Regulation 72 (1), in so far as it relates to the lighting of approaches to the edge of the dock, and Regulations 89 (1) and 89 (2); and

( b ) it shall be the duty of every employer, who is undertaking any of the operations, to comply with such of the provisions of the following Regulations as relate to any work, act or operation performed by him, in so far as those provisions affect any person employed by him, that is to say, Regulations 8, 10 and 13 (except, in the case of each of these Regulations, in so far as the person having the general management and control of the dock is responsible under sub-paragraph (a) of this paragraph and except, in the case of Regulations 10 and 13, in so far as the shipowner or master or officer in charge is responsible under paragraph (8) of this regulation), and Regulation 11.

(7) In the case of a ship lying in or at a dock, wharf or quay but not in a shipyard, it shall be the duty of the person having the general management and control of the dock, wharf or quay to comply with Regulation 72 (1) in so far as it relates to the lighting of approaches to the edge of the dock, wharf or quay.

(8) It shall be the duty of the shipowner and of the master or officer in charge of a ship or vessel—

( a ) to comply with such of the provisions of Regulations 10 (1), 11 and 13 as relate to any means of access provided by him, Regulation 60 in so far as it relates to any work, act or operation performed by him, and Regulation 63, in so far as it relates to a naked light certificate or a certificate of entry obtained by him; and

( b ) where the control of the ship or vessel apart from the operations remains with the shipowner or master or officer in charge—

(i) to provide the protection specified in Regulation 27 in so far as concerns those hatches or openings which are not required to be used for the purpose of the operations (but if such protection be removed by or at the request of an employer who is undertaking any of the operations, that employer shall be responsible for their replacement as soon as practicable), and

(ii) to comply with the provisions of Regulation 72 (2) and Regulation 73 (2) and 73 (3); and

( c ) not to remove any fencing provided in compliance with Regulation 27 at openings used or created in the course of the operations, save as permitted by that Regulation.

Provided that where a stevedore or other person carrying on any of the processes of loading, unloading or coaling the ship or vessel is responsible, under the Docks (Safety, Health and Welfare) Regulations, 1960, for the protection of a hatch for the time being, that stevedore or other person shall be solely responsible for maintaining in position, as far as practicable, any protection provided in compliance with Regulation 27.

(9) It shall be the duty of every person employed to comply with such of the provisions of Regulations 15 (14), 20 (2), 29 (2), 30 (3), 31 (2), 47 (2), 49 (2), 55 (2), 56 (3), 57 (2), 58 (4) (b) 60 (3), 61 (3), 70 (4), 70 (5), 70 (6), 72 (6), 73 (4), 75 and 79 (2) and 80 (1) as expressely impose a duty on him. It shall further be the duty of every person employed to co-operate in carrying out these Regulations and if he discovers any defect in any machinery, plant, equipment or appliance, to report such defect without unreasonable delay to his employer or foreman or to a person appointed by the employer under Regulation 85.

(10) For the purposes of the provisions in this Regulation which impose, upon an employer, a duty to comply with the requirements of certain specified Regulations, in so far as they affect any person employed by him, the requirements of those Regulations, other than Regulations 49, to 52, 60, 61, 66 and 73, shall be deemed not to affect any person employed if and so long as his presence in any place is not in the course of performing any work on behalf of his employer, or is not expressely or impliedly authorised or permitted by his employer.

6. Every employer who employs persons in the operations shall ensure that a printed copy of these Regulations, or of the approved abstract of these Regulations, is kept posted in such characters and in such positions as to be conveniently read by persons employed.

PART II.Means of Access and Egress, Place of Work and Staging.

7. (1) A safe means of access to and egress from every place at which any person has at any time to work in connection with the operations shall, in so far as is reasonably practicable, be provided and maintained.

(2) The means of access and egress provided pursuant to paragraph (1) of this regulation shall be suitable and sufficient having regard to the number of persons employed and shall, so far as is reasonably practicable, be kept clear of any obstruction and of any substances likely to make footholds or handholds insecure and a source of danger to persons employed.

(3) A person shall not be required to work at any place in connection with the operations if he is liable to be exposed to bodily injury, unless effective measures have been taken, and are maintained, as far as is reasonably practicable, for ensuring his safety.

8. All main gangways giving general access to a vessel in a shipyard, whether from the ground, or from a wharf or quay, and all cross gangways leading from such a main gangway on to the vessel, shall be—

( a ) sufficiently wide having regard to the number of persons employed on, or at, the vessel;

( b ) securely protected on each side to a height of at least one metre (39 inches) by strongly constructed upper and lower hand-rails and by a secure toe-board projecting at least 150 millimetres (6 inches) above the floor;

( c ) of good construction, sound material and adequate strength;

( d ) stable and, wherever practicable, of permanent construction; and

( e ) kept in position as long as required.

9. (1) Every flight of steps giving access from ground level, either to an altar, or to the bottom of a dry dock, shall be provided throughout on each side, or in the middle, with a substantial hand rail. In the case of an open side, secure fencing to a height of at least one metre (39 inches) shall be provided by means of upper and lower rails, taut ropes or chains, or by other equally safe means. For the purposes of this paragraph a flight of steps which is divided into two by a chute for materials, with no space between either side of the chute and the steps, shall be deemed to be one flight of steps.

(2) Hand-rails and fencing provided pursuant to paragraph (1) of this regulation shall be kept in position save when and to the extent to which their absence is necessary (whether or not for the purposes of the operations) for the access of persons, or for the movement of materials or vessels or for traffic or working, or for repair, but hand-rails or fencing removed for any of these purposes shall be kept readily available and shall be replaced as soon as practicable.

10. (1) Whenever a ship is lying at a wharf or quay, or is in a dry dock for the purpose of undergoing any of the operations other than its construction or reconstruction, a safe means of access by persons employed going to the ship or from the wharf, quay or dock side shall be provided in the following manner:

( a ) there shall be provided, whenever practicable, one or more ship's accommodation ladders, or one or more soundly constructed gangways or similar constructions or any combination of any such ladders, gangways or constructions which shall be—

(i) not less than 600 millimetres (24 inches) wide,

(ii) properly secured,

(iii) not inclined at too steep an angle, and

(iv) fenced throughout on each side to a clear height of 1 metre (39 inches) by means of upper and lower rails, taut ropes or chains, or by any other equally safe means, provided that, in the case of a ship's accommodation ladder, such fencing may be on one side only if the other side is protected by the side of the ship;

( b ) in any other case, there shall be provided one or more ladders of sound material and adequate length which shall be properly secured to prevent them from slipping.

(2) Where, at any dry dock, there is a ganyway giving access from an altar of the dock to a vessel which is in the dock for the purpose of undergoing any of the operations, and the edge of the altar is unfenced, adequate hand-holds shall be available for any length of the altar which persons employed commonly use when passing between the gangway and the nearest flight of steps which gives access to ground level.

11. (1) Whenever a ship is alongside any vessel and persons employed have to pass from the one to the other, safe means of access shall be provided for their use, unless the conditions are such that it is possible, without undue risk, to pass from the one to the other without the aid of any special appliance.

(2) Where the means of access provided pursuant to paragraph (1) of this regulation consists of, or includes, a rope ladder, that means of access shall not be deemed to be safe unless in the case of the vessel with the higher free-board—

( a ) the top step of the ladder is not more than 300 millimetres, (12 inches) below the gunwale or top of the bulwark where the ladder gives immediate access to the vessel,

( b ) at least one adequate and secure hand-hold is available at the position of boarding the vessel, and

( c ) a suitable gangway or stairway is provided leading from the top of the bulwark onto the deck and the gangway or stairway so provided is so placed as to be as nearly as practicable opposite to the rope ladder.

12. (1) Where any person employed has to proceed to or from a ship by water, proper measures shall be taken to provide for his safe transport.

(2) Scows and floating platforms used for the purpose of the operations shall be of sound construction and properly maintained and shall not be overcrowded.

13. Where there is a gangway leading on to a bulwark of a vessel, there shall be provided—

( a ) wherever practicable, a platform at the inboard end of the gangway with safe means of access therefrom to the deck, or

( b ) where such a platform is not practicable, a second gangway or stairway leading from the bulwark on to the deck which shall either be attached to the end of the first-mentioned gangway or be placed contiguous to it, and a suitable means of access, securely protected by fencing, shall be provided from the one gangway or stairway to the other.

14. (1) Where outside staging is erected in a shipyard, there shall, having regard to the extent of the staging and to the nature of work to be done, be provided sufficient ladders giving direct access to the stages.

(2) Where a vessel is under construction or reconstruction and persons employed are liable to go forward, aft or athwartship across or along uncovered deck-beams, or across or along floors, sufficient planks shall be provided on those deck-beams or on those floors for the purpose of access to or from places of work, and sufficient and suitable portable ladders shall be provided so as to give access either from the ground or outer bottom plating to the top of the floor.

(3) A footway or passageway constructed of planks pursuant to paragraph (2) of this Regulation shall not be less than 430 millimetres (17 inches) wide.

15. (1) This regulation applies to every ladder which—

( a ) affords persons employed with a means of access to or egress from or communication with their place of employment in any shipyard, harbour or wet-dock or any vessel therein, or

( b ) provides support to persons employed during the course of their employment.

(2) Every ladder shall be of good construction, of suitable and sound material and of adequate strength for the purpose for which it is used and shall be properly maintained.

(3) A ladder shall not be used which has—

( a ) a defective stile or side or a missing or a defective rung, or

( b ) any rung which depends for its support solely on nails, spikes or other similar fixing.

(4) Every rung of a ladder shall be properly fixed to the stiles or sides. Where in the case of a wooden ladder the tenon joints are not secured by wedge, suitable reinforcing steel ties shall be used. Wooden stiles or sides and wooden rungs of ladders shall have the grain running lengthwise.

(5) Subject to the provisions of paragraph (7) of this regulation, a ladder standing on a base shall not be used unless—

( a ) subject to paragraph (6) of this regulation, it is securely fixed near to its upper resting place, or in the case of a vertical ladder near to its upper end; provided that where such fixing is impracticable the ladder shall be securely fixed at or near to its lower end,

( b ) it has a level and firm footing and is not standing on loose material or other loose packing,

( c ) it is secured where necessary to prevent undue swaying or sagging, and

( d ) it is equally and properly supported on each stile or side.

(6) Subject to the provisions of paragraph (7) of this regulation, where it is impracticable, in the case of a ladder standing on a base, to comply with either of the requirements of subparagraph (a) of paragraph (5) of this regulation, a person shall be stationed at the foot of the ladder when in use to prevent it slipping.

(7) Paragraphs (5) and (6) of this regulation shall not apply to a ladder which is not more than 3 metres in length and which is not used as a means of communication, if the ladder is securely placed so as to prevent it from slipping or falling.

(8) A ladder shall not be used unless—

( a ) (i) it extends to a height of at least 1 metre above the place of landing or the highest rung to be reached by the feet of any person using the ladder, as the case may be, or, if this is impracticable, to the greatest practicable height;

or

(ii) there is other adequate handhold; and

( b ) there is sufficient space at each rung to provide adequate foothold.

(9) Every ladder, other than ladders to which paragraphs (5) and (6) of this regulation apply, shall, before being used—

( a ) be securely suspended,

( b ) be secured where necessary to prevent undue swinging or swaying, and

( c ) be equally and properly suspended by each stile (or side).

(10) ( a ) A ladder or run of ladders rising a vertical distance of more than 9 metres (30 feet) shall not be used unless it is, whenever practicable, provided with an intermediate landing place or intermediate landing places so that the vertical distance between any two successive landing places shall not exceed 9 metres (30 feet).

( b ) Every intermediate landing place provided pursuant to subparagraph (a), of this paragraph shall be of adequate dimensions and, if a person is liable to fall therefrom for a distance of more than 1.5 metres (5 feet) shall, in so far as it is reasonably practicable be provided with—

(i) sufficient and suitable guard-rails to a height of 1 metre above the landing place, and

(ii) toe-boards or other similar barriers up to a sufficient height which shall not be, in any case, less than 152 millimetres (6 inches) in height.

( c ) Guard-rails or toe-boards provided pursuant to subparagraph (b) of this paragraph shall be so placed—

(i) as to prevent, as far as possible, the fall of persons, materials or other articles, and

(ii) that the space between any toe-boards or other barrier and the lowest guard-rail above it shall not exceed 750 millimetres (30 inches).

( d ) Whenever a ladder passes through an opening in the floor of an intermediate landing place provided pursuant to this paragraph, the opening in the landing place shall be as small as is reasonably practicable.

(11) Whenever it is necessary for a ladder to pass through a hole in a platform deck or floor the edge of the hole shall be padded so as to prevent injury to persons using the ladder.

(12) The requirements of paragraphs (5) and (6) of this regulation shall not apply to fixed ladders of a ship or to rope ladders. Effective measures by means of roping off or other similar means shall be taken to prevent the use of fixed ladders of a ship which do not comply with the requirements of paragraph (2) of this regulation.

(13) Every rope ladder shall provide adequate foothold and afford firm handhold and, so far as is reasonably practicable, suitable provisions shall be made for preventing a rope ladder from twisting and swaying.

(14) Any person employed who removes any ladder and sets it up in a new position shall, in relation to that ladder, camply with the requirements of paragraphs (5) and (6) of this regulation.

16. (1) A fibre rope, or a rope made with strands consisting of wire cores covered with fibre, shall not be used to secure a ladder used for the purpose of the operations.

(2) A wire rope shall not be used to secure any ladder used for the purposes of the operations unless its ends are ferruled, but this provision shall not apply in the case of an end of wire rope which is so situated or protected that a person using the ladder is not liable to come into contact with it so as to suffer injury.

17. (1) A sufficient supply of sound and substantial material and appliances shall be available in a convenient place or places for the construction of staging.

(2) All planks and other materials and appliances intended to be used or re-used for staging shall be carefully examined before being taken into use or re-use in any staging. Every examination required by this paragraph shall be carried out by a person competent for the purpose.

18. (1) All staging and every part thereof shall be of good construction, of suitable and sound material and of adequate strength for the purpose for which it is used and shall be properly maintained, and every upright and thwart shall be kept so fixed, secured or placed in position as to prevent, so far as is reasonably practicable, accidental displacement.

(2) All planks forming stages shall be securely fastened to prevent them from slipping unless they extend 460 millimetres (18 inches) or more beyond the inside edge of the thwart or support on which they rest.

(3) Staging gangs specially, though not exclusively, employed for the erection of staging shall erect and adjust—

( a ) all staging suspended on the inside of a vessel,

( b ) all staging supported by brackets,

( c ) all staging on the outside of a vessel at the fore and after ends, and

( d ) in any case where there is a gap in the staging caused by the inside uprights, any plank in the way of such gap.

(4) All staging used in connection with the operations shall be inspected before use, and thereafter at regular and frequent intervals, by a competent person.

(5) All dry dock altars and shoring sills on or from which persons perform work in connection with the operations shall be of sound construction and properly maintained.

(6) All—

( a ) parts of stages,

( b ) parts of footways or passageways constructed of planks, and

( c ) parts of dry dock altars or shoring sills,

being parts on or from which persons perform work in connection with the operations, shall, so far as is reasonably practicable, be kept clear of all substances likely to make footholds or handholds insecure.

19. (1) If any upright forming part of staging is used as a fixing for a pulley block for hoisting material, it shall be—

( a ) properly housed in the ground or shall otherwise be adequately secured so as to prevent it from rising, and

( b ) suitably protected against damage by the action of the chain or wire or other means of securing the pulley block to the upright.

(2) No upright forming part of staging shall be used as an anchorage for a lead pulley block, unless the upright is not likely to be displaced by such use.

20. (1) Planks supported on the rungs of ladders shall not be used to support stages.

(2) It shall be the duty of the persons employed to comply with paragraph (1) of this regulation.

21. (1) Stages suspended by ropes or chains shall be secured as far as possible so as to prevent them from swinging.

(2) A fibre rope, or a rope made of strands consisting of wire cores covered with fibre, shall not be used for suspending a stage except that fibre ropes may be used in the case of a stage of which the suspension ropes are reeved through blocks.

(3) Chains, ropes, blocks and other gear used for the suspension of stages shall be of sound material, adequate strength and suitable quality, and in good condition.

(4) Appropriate steps shall be taken to prevent ropes or chains used for supporting a stage from coming into contact with sharp edges of any part of a vessel.

22. (1) A boatswain's chair, cage, skip or similar plant or equipment shall not be used unless—

( a ) it is of good construction, suitable and sound material, adequate strength, free from patent defect, and properly maintained,

( b ) the outriggers or other supports are of adequate strength and properly installed and supported,

( c ) the chains, ropes, lifting gear or other means of suspension used therewith are securely attached to the outriggers or other supports and to the chair, cage, skip or similar plant or equipment, or to any lifting appliance or other device attached thereto, as the case may be,

( d ) suitable means are provided to prevent any occupant falling out,

( e ) it is free of materials or articles liable to interfere with the occupant's handhold or foothold or otherwise endanger him.

( f ) suitable measures are taken to prevent spinning or tipping in a manner dangerous to any occupant,

( g ) in the case of any skip or other receptacle it is at least 0.91 metres (3 feet) deep, and

( h ) its installation has been, and its use is, supervised by a competent person.

(2) A boatswain's chair, cage, skip or similar plant or equipment shall not be used as a working place in circumstances in which a suspended stage could be used, unless the work is of such short duration as to make the use of a suspended stage unreasonable, or the use of a suspended stage is not reasonably practicable.

(3) A boatswain's chair, cage, skip or similar plant or equipment shall not be used in connection with the operations unless it has been inspected by a competent person before use.

23. All planks forming a rising stage at the bow end of a vessel shall be securely fastened to prevent them from slipping.

24. All stages used in connection with the operations shall be of sufficient width to secure the safety of the persons working thereon.

25. (1) This regulation applies to stages from which a person is liable to fall a distance of more than 2 metres (6 feet 6 inches) of into water in which there is a risk of drowning.

(2) Every stage to which this regulation applies shall—

( a ) so far as is reasonably practicable, be closely boarded, planked or plated and provided with suitable toe boards;

( b ) be so constructed or placed that a person is not liable to trip or to fall through a gap in the staging not being a necessary and no larger than necessary gap having regard to the nature of the work being carried on;

( c ) be at least 430 millimetres (17 inches) wide.

(3) Every side of a stage to which this regulation applies shall—

( a ) if it is not a side immediately adjacent to any part of a vessel, be fenced (subject to the provisions of paragraphs (4) and (7) of this regulation) with a guard rail or guard rails which shall be so placed as to prevent so far as practicable the fall of persons from the stage, or from any raised standing place on the stage to a height of at least one metre (39 inches) above the stage; or

( b ) if it is a side immediately adjacent to any part of a vessel, be placed as near as practicable to that part, having regard to the nature of the work being carried on and to the nature of the structure of the vessel.

(4) In the case of stages which are suspended by ropes or chains, and which are used solely for painting, the fencing required by paragraphs (3) (a) of this regulation may be provided by means of a taut guard rope or ropes.

(5) The side of a stage or, as the case may be, any part of the side of a stage need not be fenced in pursuance of paragraph (3) (a) of this regulation in cases where, and so long as, the nature of the work being carried on makes the fencing of that side or, as the case may be, that part impracticable.

(6) Guard rails provided in pursuance of paragraph (3) (a) of this regulation may be removed for the time and to the extent necessary for the access of persons or for the movement of materials; but guard rails removed for either of these purposes shall be replaced as soon as practicable.

(7) Where it is not reasonably practicable to comply with the provisions of paragraph (3) (a) of this regulation, the stage shall in cases where there is sufficient space, be at least 640 millimetres (25 inches) wide and, in any other case, as wide as is reasonably practicable, having regard to the amount of space available.

PART III.Precautions against Falls of Persons, Materials and Articles.

26. (1) Fencing shall be provided at or near the edges (including edges above flights of steps and chutes for materials) of a dry dock at ground level. The height of such fencing shall at no point be less than 1 metre (39 inches) or, in the case of fencing which was placed in such position before the making of these Regulations 760 millimetres (30 inches).

(2) Fencing provided pursuant to paragraph (1) of this regulation shall be kept in position save when and to the extent to which its absence is necessary (whether or not for the purposes of the operations) for the access of persons, for the movement of materials or vessels, or for traffic or working, or for repair, but fencing removed for any of these purposes shall be kept readily available and shall be replaced as soon as is practicable.

27. (1) Every side or edge of an opening in a deck or tank top of a vessel, being a side or edge which may be a source of danger to persons employed, shall, except where and while the opening is securely covered or where the side or edge is protected to a height of not less than 760 millimetres (30 inches) by a coaming or other part of the vessel, be provided with suitable and adequate fencing to a height of not less than one metre (39 inches) above the side or edge, and such fencing shall be kept in position save when and to the extent to which its absence is necessary (whether or not for the purposes of the operations) for the access of persons, for the movement of materials, for traffic or working, or for repair, but fencing removed for any of these purposes shall be kept readily available and shall be replaced as soon as is practicable.

(2) Paragraph (1) of this regulation shall not apply to—

( a ) that part of an opening in a deck or tank top which is at the head of a stairway or ladderway intended to be used while the operations are carried on, or

( b ) parts of a deck or tank top which are intended to be plated, except such parts where the plating has necessarily to be delayed so that the opening may be used for the purposes of the operations.

28. Where persons employed are at work outside a vessel on a stage adjacent to part of the structure of the vessel and other persons employed are at work directly beneath that stage, the planks of the stage shall be in such a position that no article liable to cause injury can fall between the planks, and the inside plank of the stage shall be placed as near as practicable to the structure of the vessel having regard to the nature of the work being carried on.

29. (1) Boxes or other suitable receptacles for rivets, nuts, bolts and welding rods shall be provided for the use of persons employed.

(2) It shall be the duty of persons employed to use, so far as practicable, the boxes or other suitable receptacles so provided.

30. (1) Subject to the provisions of paragraph (2) of this regulation, parts of staging, tools and other articles and materials shall not be thrown down from a height where they are liable to cause injury to persons employed, but shall be lowered in a proper manner.

(2) When the work to be done necessarily involves the throwing down from a height of articles or materials, conspicuous notices shall be posted to warn persons against working or passing underneath the place from which articles or materials may fall, or the work shall be done under the direct supervision of a competent person.

(3) A person employed shall not throw down any articles or materials from a height except in accordance with the requirements of this regulation.

31. (1) So far as practicable, steps shall be taken to minimise the risk arising from loose articles or materials being left lying about in any place from which they may fall on persons working or passing underneath.

(2) It shall be the duty of persons employed to comply with paragraph (1) of this regulation.

PART IV.Raising and Lowering etc.

32. (1) The provisions of this Part of these Regulations shall apply in the case of any chain, rope, lifting gear or lifting appliance used in raising or lowering.

(2) The provisions of Regulation 34 shall apply in the case of any plant or gear used for anchoring or fixing a lifting appliance.

33. In the case of a shipyard this Part of these Regulations shall, in relation to the operations, modify the following provisions of the Act, that is to say section 34 and subsections (1), (2), (3), (4), (5), (6), and (8) of Section 35.

34. (1) Every lifting appliance, including all parts and working gear thereof, whether fixed or movable, and all plant or gear used for anchoring or fixing such an appliance, shall be of good construction, sound material, adequate strength and free from patent defect and shall be properly maintained;

Provided that plant or gear permanently attached to a structure may be used for anchoring or fixing any lifting appliance if that plant or gear is first thoroughly examined and satisfies the requirements of this regulation.

(2) A crane which has any timber structural member shall not be used.

(3) A crane shall not be erected except under the supervision of a competent person.

(4) Every bogie, trolley or wheeled carriage on which a crane is mounted shall, having regard to the purposes for which the crane is being used, be of good construction, adequate strength and suitable to support the crane and shall be of sound material, free from patent defect and properly maintained.

(5) So far as practicable the hoisting mechanism of a crane shall not be used for any purpose other than raising or lowering a load vertically.

(6) ( a ) All rails on which a crane moves shall—

(i) be supported on a surface sufficiently firm to prevent undue movement of the rails,

(ii) have an even running surface, be sufficiently and adequately supported, and be of adequate section,

(iii) be jointed by fish plates or double chairs or be welded,

(iv) be securely fastened to sleepers or bearers,

(v) be laid in straight lines or in curves of such radii that the crane can be moved freely and without danger of derailment,

(vi) be provided with adequate stops or buffers on each end of the track, and

(vii) be provided with robust fenders or similar devices which are capable of supporting the crane on the track if derailment occurs or if a wheel or an axle breaks.

( b ) All rails and equipment referred to in this paragraph shall be properly maintained;

Provided that requirements (iii) and (iv) of subparagraph (a) of this paragraph shall not apply in the case of cranes on bridge rails or in the case of any crane if other adequate steps are taken to ensure the proper junction of the rails and to prevent any material variation in their gauge.

(7) In the case of every crane mounted on rails either—

( a ) the crane shall be provided with effective brakes for the travelling motion, or

( b ) sprags, scotches or chocks shall be available, and used when necessary.

(8) Every travelling crane on rails shall be provided with guards to remove from the rails any loose material likely to cause danger.

(9) During normal operations the power supply of a lifting appliance shall be cut off when the driver leaves his working position.

(10) A lifting appliance shall not be operated otherwise than by a person trained and competent to operate that appliance except that it shall be permissable for the appliance to be operated by a person who is under the direct supervision of a qualified person for the purpose of training.

(11) A person under eighteen years of age shall not be employed (except under the direct supervision of a competent person for the purposes of training) either to give signals to the operator of any appliance driven by mechanical power or to operate any such appliance.

(12) If the person operating a lifting appliance has not throughout the operation, a clear and unrestricted view of the load, or where there is no load) of the point of attachment for a load, and of its vicinity (except at one place where such view is not necessary for safe working), one or more competent persons as may be necessary shall be appointed and shall be suitably stationed to give necessary signals to the operator.

(13) The competent person to give necessary signals to the operator shall take effective steps to prevent any danger from the load or through accidental dropping thereof. He shall attend to all slinging, picking up, transporting, setting down and unhooking operations.

(14) Provided that where and in so far as it is impracticable to comply with the requirements of paragraphs (12) and (13) of this regulation effective measures shall be taken to enable the driver or operator of the lifting appliance to—

( a ) ascertain the position of the load, or point of attachment for a load when it is in the vicinity of a loading or unloading point or any other place at which danger is reasonably to be anticipated, or

( b ) ensure the safe movement of the load by other means.

(15) ( a ) Every signal given for the moving or stopping of a lifting appliance shall be distinctive in character and such that the person to whom it is given is able to hear or see it easily. In the case of tower cranes an audible warning device shall be provided for operation from the driving position.

( b ) Devices or apparatus used for giving sound, colour or light signals for the purpose aforesaid shall be properly maintained, and the means of communication shall be adequately protected from accidental interference.

35. (1) Subject to the provisions of paragraphs (4) and (5) of this regulation before a lifting appliance is taken into use for the first time in the operations, or after it has undergone any substantial alteration or repair, it shall be tested and thoroughly examined by a competent person in the approved manner. A certificate of such test and examination in the approved form and signed by the competent person making or responsible for the carrying out of the test and examination and specifying the safe working load or loads of the appliance, shall have been obtained and shall be kept available for inspection.

(2) Subject to the provisions of paragraphs (4) and (5) of this regulation as aforesaid, every lifting appliance shall be thoroughly examined by a competent person at least once in every period of twelve months and a report in the approved form of the results of every such examination, and signed by the person making or responsible for the carrying out of the examination, shall be kept available for inspection. In the case of lifting appliances in a shipyard, the person by whom the report is signed shall within twenty-eight days of the completion of the examination send to the Minister a copy of the report in every case where the examination shows that the lifting appliance cannot continue to be used with safety unless certain repairs are carried out immediately or within a specified time.

(3) Subject to the provisions of paragraphs (4) and (5) of this regulation every lifting appliance shall have plainly marked upon it the safe working load. Every crane of variable operating radius (including a crane with a derricking jib) shall—

( a ) have plainly marked upon it the safe working load at various radii of the jib or crab, in the case of a crane with a derricking jib, the maximum radius at which the jib may be worked, and

( b ) be fitted with an accurate indicator, clearly visible to the driver, showing the radius of the jib or crab at any time and the safe working load corresponding to that radius.

(4) Paragraphs (1), (2) and (3) of this regulation shall not apply to sheer-legs temporarily erected for the purpose of the operations.

(5) This regulation shall not apply in relation to—

( a ) any lifting appliance to which the Docks (Safety, Health and Welfare) Regulations, 1960, apply, or

( b ) any operation carried out on a ship not registered in the State by means of any of the ship's engine room cranes where such cranes are used with the express authorisation and under the supervision of a competent person.

36. Chains, ropes and lifting gear shall be of good construction, sound material, adequate strength and free from patent defect.

37. (1) Before a chain, rope or lifting gear is taken into use for the first time in the operations, or after it has undergone any substantial alteration or repair, it shall be tested and thoroughly examined by a competent person in the approved manner. A certificate of such test and examination in the approved form and signed by the person making or responsible for the carrying out of the test and examination and specifying the safe working load of the chain, rope or gear, shall be obtained and shall be kept available for inspection:

Provided that—

( a ) this paragraph shall not apply to a fibre rope or fibre rope sling, and

( b ) a wire rope sling need not be tested and examined in accordance with this paragraph if the rope of which the sling is constructed has been so treated and examined and all joins in the sling are by splices which satisfy the requirements of Regulation 40 of these Regulations.

(2) A chain, ring, link, hook, shackle, swivel, eye-bolt or plate clamp being a chain, ring, link, hook, shackle, swivel, eye-bolt or plate clamp which has been lengthened, altered or repaired, shall not be used unless, since such lengthening, alteration or repair, it has been tested and thoroughly examined by a competent person and a certificate of such test and examination in the approved form and containing the approved particulars and signed by the person making or responsible for the carrying out of the test and examination and specifying the safe working load, has been obtained and is kept available for inspection.

(3) ( a ) Subject to any exemption certificate of the Minister under section 34 (1) (f) of the Act, this paragraph of this regulation applies only to chains and lifting gear made of wrought iron.

( b ) Chains and lifting gear to which this paragraph applies shall be annealed at least once in every fourteen months, or, in the case of chains, slings, rings, links, hooks, shackles or swivels being chains, slings, rings, links, hooks, shackles or swivels of 13 millimetres (½ inch) bar or smaller material, at least once in every six months, so, however, that chains and lifting gear not in regular use shall be annealed only when necessary and the approved particulars of the annealing shall be kept in the approved form which shall be kept available for inspection.

(4) Nothing in this regulation shall apply to chains, ropes or lifting gear—

( a ) to which the Docks (Safety, Health and Welfare) Regulations, 1960, apply, or

( b ) which are permanently attached to a structure.

38. (1) Chains and lifting gear other than rope slings shall be thoroughly examined by a competent person at least once in every period of six months and reports of the results of such examinations in the approved form and signed by the person making or responsible for the carrying out of the examination, shall be kept available for inspection.

(2) Ropes and rope slings shall have been throughly examined by a competent person within the period of three months before they are used or, in the case of a wire rope or wire rope sling in which such an examination has disclosed that a wire of the rope has broken, one month, and reports of the results of such examinations in the approved form and signed by the person making or responsible for the carrying out of the examination shall be kept available for inspection.

(3) Nothing in this regulation shall apply to chains, ropes or lifting gear—

( a ) to which the Docks (Safety, Health and Welfare) Regulations, 1960, apply, or

( b ) which are permanently attached to a structure.

39. (1) A table showing the safe working load of every chain, rope and article of lifting gear in use, and, in the case of a multiple sling, the safe working load at different angles of the legs, shall be posted in a permanet position in the store in which the chains, ropes and articles of lifting gear are kept.

(2) Nothing in this regulation shall apply to chains, ropes or lifting gear—

( a ) to which the Docks (Safety, Health and Welfare) Regulations, 1960, apply

( b ) which are permanently attached to a structure,

( c ) upon which the safe working load thereof, or in the case of a multiple sling, the safe working load at different angles of the legs, is plainly marked.

40. A thimble or loop splice 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. All tucks shall be against the lay of the rope:

Provided that this regulation shall not operate to prevent the use of another form of splice which can be shown to be as efficient as the form of splice specified in this Regulation.

41. A lifting appliance, chain, rope or lifting gear shall not be loaded beyond its safe working load except for the purpose of making a test of the appliance, chain, rope or gear and then only to such extent as is approved.

42. (1) Loads shall be securely suspended or supported whilst being raised or lowered, and all reasonable precautions shall be taken to prevent danger from slipping or displacement.

(2) Where by reason of the nature or position of the operation a load is liable, whilst being moved by a lifting appliance or lifting gear, to come into contact with any object so that the object may become displaced, special measures shall be adopted to prevent the danger in so far as reasonably practicable.

43. Every lifting appliance and all lifting gear shall be adequately and suitably supported or suspended having regard to the purpose for which it is used.

44. A wire rope shall not be used if, in any length of ten diameters, the number of visible broken wires exceeds five per cent of the total number of wires, or if the rope shows signs of excessive wear or corrosion or other serious defect.

45. (1) A chain or wire rope shall not be used when there is a knot tied in any part thereof.

(2) A chain which is shortened or joined to another chain by means of bolts and nuts shall not be used:

Provided that this does not exclude the use of a chain bolted or joined to another chain by a suitable and properly constructed attachment.

46. Appropriate steps shall be taken to prevent, so far as practicable, the use of chains or ropes for raising or lowering in circumstances in which they are in, or are liable to come into contact with sharp edges of plant, materials or loads, or with sharp edges of any part of the vessel on which the work is being carried out.

47. (1) A load shall not be left suspended from a lifting appliance other than a self-sustaining, manually operated lifting appliance unless there is a competent person in charge of the appliance while the load is so suspended.

(2) It shall be the duty of the person employed to comply with paragraph (1) of this regulation.

48. Where there is reason to believe that a load being lifted or lowered on a lifting appliance weighs more than 20331 kilos (20 tons) the weight of the load shall be ascertained by means of an accurate weighing machine or by the estimation of a person competent for the purpose, and shall be clearly marked on the load:

Provided that this regulation shall not apply to any load lifted or lowered by a crane which has either a fixed or a derricking jib and which is fitted with an approved type of indicator in good working order which—

( a ) indicates clearly to the driver or person operating the crane when the load is being carried approaches the safe working load of the crane for the radius of the jib at which the load is carried, and

( b ) gives an efficient sound signal when the load moved is in excess of the safe working load of the crane at that radius.

PART V.Precautions against Asphyxiation, Injurious Fumes or Explosions.

49. (1) All reasonably practicable steps shall be taken to secure and maintain the adequate ventilation of any confined space in which persons are employed.

(2) Compressed oxygen shall not be used to ventilate any confined space in a vessel and a person employed shall not use compressed oxygen for this purpose.

50. Where, in any confined space in any part of a vessel, flammable solvents are used in the application or removal of paint, or there is carried on any other process liable to produce flammable gas or vapour, effective and suitable provision shall be made by adequate ventilation, or by other means to prevent the formation of a flammable atmosphere in the confined space.

51. A person shall not enter or remain in any confined space in a vessel, being a confined space in which there is reason to apprehend that the proportion of oxygen in the air is so low as to involve risk of persons being overcome, unless either—

( a ) the space has been and remains adequately ventilated and a certificate of entry has been given in respect of it, or

( b ) he is wearing a breathing apparatus of a type suitable for the purpose of this Regulation.

52. (1) A person shall not enter or remain in any confined space in any part of a vessel, being a confined space in which there is reason to apprehend the presence of any dangerous fumes to such extent as to involve risk of persons being overcome thereby unless he is wearing a breathing apparatus of a type suitable for the purpose of this regulation, or a certificate of entry for a specified period has been given in respect of it, and the period so specified has not expired; but a person shall not enter or remain in the space without breathing apparatus unless he has been warned when the period so specified will expire.

(2) A space shall not be certified as safe for entry without breathing apparatus pursuant to paragraph (1) of this regulation unless—

( a ) effective steps have been taken to prevent any ingress of dangerous fumes,

( b ) any sludge or other deposit liable to give off dangerous fumes has been removed and the space contains no other material liable to give off dangerous fumes, and

( c ) the space has been adequately ventilated and tested for dangerous fumes and has a supply of air adequate for respiration,

but no account shall be taken, for the purposes of subparagraph (b) of this paragraph of this regulation, of any deposit or other material liable to give off dangerous fumes in insignificant quantities only.

(3) ( a ) Where any person is employed in any confined space to which paragraph (1) of this regulation applies, there shall be provided and kept readily available—

(i) on board the vessel not less than two sets of breathing apparatus of a type suitable for the purpose of this regulation,

(ii) at some other place off the vessel not less than two additional sets of such apparatus,

(iii) a lamp or torch of a safety type suitable for the purpose of this regulation with each set of breathing apparatus, and

(iv) not less than two belts and ropes suitable for the purpose of rescue.

( b ) The apparatus, belts, ropes, lamps and torches so provided shall be maintained and shall be thoroughly examined, at least once a month by a competent person, or at such other intervals as may be required in the circumstances of the case; and a report on every such examination signed by the person making the examination in the approved form shall be kept available for inspection.

(4) A sufficient number of persons employed shall be trained and practised in the use of the apparatus mentioned in paragraph (3) of this regulation and trained and practised in a method of restoring respiration.

53. In the case of a shipyard, the provisions of Regulation 51 and 52 shall, in relation to the operation carried out in confined spaces formed by the structure of any ship or vessel, or of part of any ship or vessel, under construction or repair, modify the provisions of section 38 of the Act.

54. (1) Adequate measures shall be taken to prevent persons employed being exposed to the risk of bodily injury in connection with any process, operation or work with a dangerous substance.

(2) For the purposes of sub-paragraph 1 of this regulation "dangerous substances" means a substance which by reason of being explosive, flammable, toxic, corrosive, oxidizing, reducing, irritant or otherwise harmful, is likely to cause bodily injury.

(3) Where, in connection with the operations or any process carried on on board, in or on the outside of a vessel or part of a vessel any dust or fume or other impurity of such a character and to such an extent as to be likely to be injurious to persons employed, is emitted all practicable measures shall be taken to protect the persons employed against inhalation of the dust or fume or other impurity, and in particular, where practicable, exhaust appliances shall be provided and maintained, as near as possible to the point of origin of the dust or fume or other impurity, to protect such persons against such inhalation.

(4) In the case of a shipyard the provisions of this regulation shall, in relation to the operations carried on on board, in or on the outside of a vessel or part of a vessel, modify the provisions of section 58 of the Act.

55. (1) Rivet fires shall not be taken into, used in, or remain in any confined space on board or in a vessel unless there is adequate ventilation to prevent the accumulation of fumes.

(2) A person employed shall not move a rivet fire into any confined space on board or in a vessel unless he has been authorised by his employer to move the fire into that space.

56. (1) A cylinder which contains or has contained oxygen or any flammable gas or vapour under pressure, or an acetylene generating plant, shall not be installed or placed within 5 metres (16 feet) of any substantial source of heat (including any boiler or furnace when alight) other than the burner or blow-pipe operated from the cylinder or plant.

(2) No such cylinder and no such plant shall be taken below the weather deck in the case of a vessel undergoing repair, or below the topmost completed deck in the case of a vessel under construction, unless it is installed or placed in a part of the vessel which is adequately ventilated to prevent any dangerous concentration of gas or fumes.

(3) It shall be the duty of persons employed to comply with the provisions of this regulation.

57. (1) The following provisions shall be observed in relation to any acetylene generating plant—

( a ) no such plant shall be installed or placed in any confined space unless effective and suitable provision is made for securing and maintaining the adequate ventilation of that space so as to prevent, so far as practicable, any dangerous accumulation of gas;

( b ) any person attending or operating any such plant shall be fully instructed in its working and a copy of the maker's instructions for that type of plant shall be constantly available for his use;

( c ) the charging and cleaning of such plant shall so far as practicable be done during daylight;

( d ) partly spent calcium carbide shall not be re-charged into an acetylene generator.

(2) A person (whether or not a person employed) shall not smoke, strike a light or take a naked light or a lamp in or into dangerous proximity to any acetylene generating plant in the open air or on board a vessel:

Provided that this paragraph shall not apply in relation to a generator in the open air or on board a vessel which, since it was last charged, has been thoroughly cleansed and freed from any calcium carbide and acetylene gas.

(3) A prominent notice prohibiting smoking, naked lights and lamps shall be exhibited on or near every acetylene generating plant whilst it is charged, is being charged or is being cleaned.

58. (1) Pipes or hoses for the supply of oxygen or any flammable gas or vapour to any apparatus for cutting, welding or heating metal shall be of good construction and sound material and be properly maintained.

(2) Such pipes or hoses shall be securely attached to the apparatus and other connections by means of suitable clips or other equally effective appliances.

(3) Efficient reducing and regulating valves for reducing the pressure of the gases shall be provided and maintained in connection with all cylinders containing oxygen or any flammable gas or vapour under pressure while the gases or vapours from such cylinders are being used in any process of cutting, welding or heating metal.

(4) Where acetylene gas is used for cutting, welding or heating metal—

( a ) a properly constructed and efficient back-pressure valve and flame arrester shall be provided and maintained in the acetylene supply pipe between each burner or blow-pipe and the acetylene generator, cylinder or container from which it is supplied, and shall be placed as near as practicable to the burner or blow-pipe and the acetylene generator, cylinder or container from which it is supplied, except that these requirements shall not apply where an acetylene cylinder serves only one burner or blow-pipe, and

( b ) any hydraulic valve provided in pursuance of sub-paragraph (a) of this paragraph shall be inspected on each day by every person who uses the burner or blow-pipe on that day and it shall be the duty of every person employed who uses the burner or blow-pipe to inspect the hydraulic valve accordingly.

(5) The operating valves of burners or blow-pipes to which oxygen or any flammable gas or vapour is supplied for the purpose of cutting, welding or heating metal shall be so constructed, or the operating mechanism shall be so protected, that the valves cannot be opened accidentally.

59. (1) In the case of apparatus on board a vessel and used for cutting, welding or heating metal with the aid of oxygen or any flammable gas or vapour supplied under pressure, the precautions specified in the paragraphs (2) to (4) of this regulation shall be taken when such use ceases for the day, or for a substantial period, and the apparatus is to be left on board, but need not be taken when such use is discontinued merely during short interruptions of work. The requirements specified in paragraphs (3) and (4) of this regulation shall not apply during a meal interval.

(2) Supply valves of cylinders, generators and gas mains shall be securely closed.

(3) Movable pipes or hoses used for conveying oxygen or flammable gas or vapour shall, in the case of a vessel undergoing construction, be brought to the topmost completed deck or, in the case of a vessel undergoing repair, to a weather deck or in either case to some other place of safety which is adequately ventilated to prevent any dangerous concentration of gas or fumes:

Provided that where, owing to the nature of the work, it is impracticable to comply with the foregoing requirements of this paragraph, the pipes or hoses shall be disconnected from cylinders, generators or gas mains, as the case may be.

(4) When cylinders or acetylene generating plant have been taken below deck in accordance with the provisions of Regulation 56 (2) such cylinders or acetylene generating plant shall be brought to a weather deck or, in the case of a vessel undergoing construction, to the topmost completed deck.

60. (1) Subject to the provisions of paragraph (2) of this Regulation, and to the provisions of Regulation 67, no naked light, fire or lamp (other than a safety lamp of a suitable type for the purpose of this Regulation) and no heated rivet shall be permitted—

( a ) to be applied to, or to be in, any part of a tanker unless, since oil was last carried in that tanker, a naked light certificate has been obtained and is in force in respect of those parts of the tanker for which, in the opinion of a competent analyst, a naked light certificate is necessary:

Provided that a naked light, fire, lamp or heated rivet of a kind specified in writing by a competent analyst may be applied to, or be in, any part of the tanker so specified,

( b ) (i) to be in any oil-tank on board or in a vessel in which oil-tank the oil last carried was oil having a flash point of less than 23 degrees Celsius (Abel closed test) or was liquid methane, liquid propane, liquid butane or liquified petroleum gas unless a naked light certificate has previously been obtained on the same day and is in force in respect of that oil-tank and of any oil-tank, compartment or space adjacent thereto,

(ii) to be applied to the outer surface of any oil-tank on board or in a vessel in which oil-tank the oil last carried was such oil as aforesaid, unless a naked light certificate has previously been obtained on the same day and is in force in respect of that oil-tank,

(iii) to be applied to the outer surface of, or to be in, any compartment or space adjacent to an oil-tank on board or in a vessel in which oil-tank the oil last carried was such oil as aforesaid, unless a naked light certificate has previously been obtained on the same day and is in force in respect of that compartment or space:

Provided that where in any such case referred to in clause (i), (ii), or (iii) of this sub-paragraph a competent analyst has certified that daily naked light certificates are unnecessary or are necessary only to a specified extent, such a daily certificate need not be obtained or, as the case may be, need only be obtained to the specified extent,

( c ) to be applied to the outer surface of, or to be in, any oil-tank on board or in a vessel unless, since oil was last carried in that oil-tank, a naked light certificate has been obtained and is in force in respect of that oil-tank.

( d ) to be applied to the outer surface of, or to be in, any compartment or space adjacent to an oil-tank on board or in a vessel unless, since oil was last carried as cargo in that oil-tank, a naked light certificate has been obtained and is in force in respect of that compartment or space.

(2) Notwithstanding anything in paragraph (1) of this regulation, heated rivets may be permitted in any place without a naked light certificate being in force in respect of that place if expressly so authorised by a competent analyst who certifies that after adequate and suitable testing he is satisfied that having regard to all the circumstances of the case, including the likelihood or otherwise of the atmosphere becoming flammable, the place is sufficiently free from flammable vapour; but such heated rivets shall, where practicable, be passed through tubes.

(3) A person (whether or not a person employed) shall not introduce, have or apply a naked light, fire or lamp (other than a safety lamp of a type approved for the purpose of this Regulation) or any heated rivet into, in or to any place where they are prohibited by this regulation.

(4) In this regulation the expression "competent analyst" means an analyst who is competent to give a naked light certificate.

61. (1) A person (other than a responsible person entering with a view to issuing a certificate of entry) shall not, unless he is wearing a breathing apparatus of a type suitable for the purpose of this regulation, enter or remain in an oil-tank on board or in a vessel unless, since the oil-tank last contained oil, a certificate of entry has been obtained and is in force in respect of the tank.

(2) A person (other than a responsible person entering as aforesaid) shall not be allowed or required to enter or remain in an oil-tank on board, or in a vessel in which oil-tank the oil last carried was oil having a flash point of less than 23 degrees Celsius (Abel closed test) unless, since the oil-tank last contained oil, a responsible person has certified that the atmosphere is sufficiently free from flammable mixture.

(3) It shall be the duty of persons employed to comply with the provisions of this regulation.

62. Any naked light certificate or certificate of entry may be issued subject to a condition that it shall not remain in force after a time specified in the certificate.

63. Every employer or shipowner for whom a naked light certificate or a certificate of entry is obtained shall ensure that the certificate or a duplicate thereof is posted as soon as may be and remains posted in a position where it may be conveniently read by all persons concerned.

64. (1) Subject to the provisions of Regulation 67, before a test for flammable vapour is carried out with a view to the issue of a naked light certificate for the purposes of Regulation 60 in respect of an oil-tank on board, or in, a vessel, that oil-tank shall, since oil was last introduced into the tank, be cleaned and ventilated in accordance with paragraph (2) of this regulation.

(2) The said cleaning and ventilation shall be carried out by the following methods:—

( a ) the oil-tank shall be treated in such manner and for such period as will ensure the vaporisation of all volatile oil;

( b ) all residual oil and any sludge or other deposit in the oil-tank shall be removed therefrom;

( c ) after the oil-tank has been so cleaned:—

(i) all covers of manholes and other openings therein shall be removed and it shall be thoroughly ventilated by mechanical or other efficient means with a view to the removal of all oil vapour, and

(ii) the interior surfaces, if any deposit remains thereon, shall then be washed or scraped down.

65. (1) If, during the course of work in, or to the outer surface of, any part of a tanker, any pipe or tank joint is opened or broken or any other event occurs so that there is a risk of oil vapour entering or arising in that part of the tanker, that work shall be suspended and thereafter any certificate of entry previously issued in respect of any oil-tank in that part and any naked light certificate previously issued in respect of that part shall be no longer in force.

(2) If (in the case of a vessel other than a tanker), during the course of work in any oil-tank or in any compartment or space adjacent thereto, any pipe or tank joint is opened or broken or any other event occurs so that there is a risk of oil vapour entering or arising in the oil-tank or in any compartment or space adjacent thereto, work shall be suspended and thereafter any certificate of entry previously issued in respect of the oil-tank and any naked light certificate previously issued in respect of the oil-tank or any compartment or space adjacent thereto shall be no longer in force.

66. (1) If the presence of oil in such quantity and in such position as to be likely to give rise to fire or explosion is detected in any part of a vessel, being a part to which this regulation applies and in which repairs of the following kind are to be or are being undertaken, that is to say, repairs involving the use of a naked light, fire or lamp (other than safety lamp of a suitable type for the purpose of Regulation 60) or of a heated rivet, such repairs shall not be started or continued until a naked light certificate has been issued or, as the case may be, reissued in respect of that part of the vessel.

(2) This regulation shall apply to bilges, shaft tunnels, pump rooms, lamp rooms, and to compartments and spaces other than those to which paragraph (1) (d) of Regulation 60 applies.

67. (1) (a) The provisions of paragraphs (1) (c) and (1) (d) of Regulation 60 in relation to naked light certificates and the provisions of Regulation 64 in relation to the cleaning and ventilation of oil-tanks, shall not apply in the case of minor repairs to be carried out—

(i) to the outer surface of an oil-tank on board or in a vessel; or

(ii) in or to the outer surface of any compartment or space adjacent to any such oil-tank,

in cases where the only oil last carried was oil having a flash point of 66 degrees Celsius or above (Pensky Martens closed test);

Provided that adequate areas of the interior and exterior surfaces of the oil-tank or, as the case may be, of the compartment or space adjacent thereto, in the immediate neighbourhood of the part to be repaired shall be free from oil or sludge; whenever repairs are to be carried out to the outer surface of an oil-tank below the level of any oil in that tank only the exterior surface of that oil-tank need be so free.

( b ) In every case to which that paragraph applies appropriate special precautions shall be taken for preventing and extinguishing fire.

(2) The provisions of paragraphs (1) (a) and (1) (b) (iii) of Regulation 60 in relation to naked light certificates shall not apply in the case of minor repairs involving the application of a naked light to the outer surface only of the hull of a tanker in which the only oil last carried as cargo was liquid methane, liquid propane, liquid butane or liquified petroleum gas being liquid methane, liquid propane, liquid butane or liquefied petroleum gas at atmospheric pressure, provided that a naked light certificate has previously been obtained on the same day and is in force in respect of the space between the hull and any oil-tank on board, and the space is adequately and continuously ventilated by mechanical means so as to ensure that flammable concentration of gas or vapour cannot be formed in it during the period for which the naked light certificate is in force.

(3) The provisions of paragraph (1) (a) of Regulation 60 shall not apply to any part of a tanker where naked lights were allowed when the vessel was in service afloat:

Provided that the said paragraph (1) (a) shall apply whilst any oil-tank in the tanker is open except an oil-tank in respect of which a naked light certificate is in force.

(4) The provisions of paragraph (1) (a) of Regulation 60 shall not apply in the case of tankers in which the only oil last carried was oil used for the purpose of a basin trial or a trial trip.

68. (1) Where, in connection with the operations, any tank requires to be leak tested by air pressure the following provisions shall be observed—

( a ) the air pressure shall be kept to a minimum value and in any case shall not exceed 5 pounds per square inch gauge (.24 Bar);

( b ) where for special reasons it may be necessary to use air at a pressure exceeding 3 pounds per square inch gauge (.20 Bar) all persons shall be evacuated from the test area except the persons directly involved in the test operation;

( c ) each tank shall be provided with a suitable appliance to prevent the test pressure being exceeded;

(2) Where a relief valve is to be used, the following provisions shall be observed—

( a ) two relief valves shall be fitted to each tank;

( b ) each relief valve shall be of the dead weight type with an orifice diameter larger than the diameter of the air inlet connection;

( c ) two correct pressure gauges with clear scales to read not more than 15 pounds per square inch (1 Bar) shall be provided;

( d ) the pressure gauges shall be placed close together to facilitate comparison of readings;

(3) Each test shall be supervised by a competent person who shall also ensure that the relief appliance and pressure gauges are serviceable and suitable for each test.

(4) In every case where there is a failure of a tank under test the Minister shall be notified forthwith in writing of any such failure.

(5) In this regulation "tank" means ships' tanks, hatch covers and any like structure.

69. A person employed shall not be allowed to work or remain in any compartment or space which is serviced by a fire deluging system until:

( a ) all inlets through which any substance might otherwise enter that compartment or space from any other part of the deluging system shall be disconnected from that part, or

( b ) all valves or taps controlling such entry shall be closed and securely locked.

PART VI.Miscellaneous Safety Provisions.

70. (1) The following requirements shall be complied with in relation to any machinery on a vessel which is used for the purposes of the operations, namely—

( a ) every set-screw, bolt or key on any revolving shaft, spindle, wheel or pinion of the machinery shall be so sunk, encased or otherwise effectively guarded as to prevent danger; and

( b ) all motors, flywheels, gearing, friction drivers, cams, bolts, pulleys, chains, pinions, worm gears and other transmission machinery liable to present danger, when in motion, to any person coming into contact therewith, shall be so designed or otherwise effectively guarded, as to prevent such danger.

(2) Every dangerous part of any machinery used for the purposes of the operations to which paragraph (1) of this regulation does not apply, shall be securely fenced, unless it is in such a position or of such construction as to be as safe to every person employed as it would be, if securely fenced.

(3) Every power driven abrasive wheel shall, as far as is reasonably practicable, be provided with a guard of such design and so constructed to contain every part of the abrasive wheel in the event of any fracture of the abrasive wheel, or any part thereof, occurring while the abrasive wheel is in use.

(4) Nothing in paragraphs (1), (2) or (3) of this regulation shall require any part of the machinery used for the purposes of the operations to be fenced during an examination of that part, or during any lubrication, adjustment or repair shown by such examination to be immediately necessary, being an examination, lubrication, adjustment or repair which is carried out by a competent person who has attained the age of eighteen years, and, which it is necessary to carry out while the part of the machinery is in motion:

Provided that a person shall not clean, oil or grease nor be required to clean, oil or grease any machinery, including transmission machinery, which is used for the purposes of the operations, while it is in motion if the cleaning, oiling, or greasing thereof would expose the person to risk of injury from any moving part either of that machinery or of any other adjacent machinery.

(5) A person shall not use any machinery which is used for the purposes of the operations and for which guards are provided without those guards being in position, nor shall be required to use any such machinery without the guards provided being in position.

(6) A person using any machinery for the purposes of the operations, or any other person, shall not make inoperative the guards provided for the machinery.

(7) In case, and for so long as, machinery is being installed, adjusted, repaired or maintained for the purposes of the operations the requirements of paragraphs (4) and (5) of this regulation shall not apply in relation to the machinery, and, in lieu thereof, all practicable steps shall be taken to ensure that a person is not exposed to danger from any moving part of the machinery.

(8) In the case of a shipyard, the provisions of paragraph (1) of this regulation to the dangerous parts of any machinery to which that paragraph applies modify sections 22 (1), 23 (1) and 28 of the Act.

71. (1) Every air receiver, other than fixed air receivers, permanently installed in a ship shall:—

( a ) have marked upon it, so as to be plainly visible the safe working pressure,

( b ) in the case of a receiver connected with the air compressing plant, either be so constructed as to withstand with safety the maximum pressure which can be obtained in the compressor, or be fitted with a suitable reducing valve or other suitable appliance to prevent the safe working pressure of the receiver being exceeded,

( c ) be fitted with a suitable safety valve so adjusted as to permit the air to escape as soon as the safe working pressure is exceeded,

( d ) be fitted with a correct pressure gauge indicating the pressure in the receiver,

( e ) be fitted with a suitable appliance for draining the receiver,

( f ) be provided with a suitable manhole, handhole, or other means which will allow the interior to be thoroughly cleaned, and

( g ) in a case where more than one receiver is in use, bear a distinguishing mark which shall be easily visible.

(2) The requirement of paragraph 1 (e) of this regulation shall not apply to any vessel such as is mentioned in sub-paragraph (c) or sub-paragraph (d) of paragraph (8) of this regulation.

(3) For the purpose of the provisions of paragraph (1) (c) and (d) of this regulation, any set of air receivers supplied with air through a single pipe may be treated as one receiver.

(4) In a case where a suitable reducing valve or other suitable appliance to prevent the safe working pressure being exceeded is required to be fitted to a set of air receivers supplied with air through a single pipe, paragraph (3) of this regulation shall not apply unless the valve or appliance is fitted on the single pipe.

(5) Every air receiver and its fittings shall be of sound construction and properly maintained.

(6) Every air receiver shall be thoroughly cleaned and examined at least once in every period of twenty-six months, but in the case of a receiver of solid drawn construction—

( a ) the person making any such examination may specify in writing a period exceeding twenty-six months but not exceeding four years within which the next examination is to be made, and

( b ) if it is so constructed that the internal surface cannot be thoroughly examined, a suitable hydraulic test of the receiver shall be carried out in lieu of internal examination.

(7) Every examination and test pursuant to paragraph (6) of this regulation shall be carried out by a competent person and a report of the result of every such examination and test, containing the prescribed particulars (including particulars of the safe working pressure), shall be entered in or attached to the general register.

(8) In this Part of these Regulations, "air receiver" means—

( a ) any vessel (other than a pipe or coil or an accessory, fitting or part of a compressor) for containing compressed air and connected with the air compressing plant,

( b ) any fixed vessel for containing compressed air or compressed exhaust gases and used for the purpose of starting an internal combustion engine,

( c ) any fixed or portable vessel (not being part of a spraying pistol) used for the purpose of spraying by means of compressed air any paint, varnish, laquer or similar material,

or

( d ) any vessel in which oil is stored and from which it is forced by compressed air.

72. (1) All parts of a vessel and all other places where the operations are being carried on, and all approaches to such parts and to places to which a person employed may be required to proceed in the course of his employment, shall be sufficiently and suitably lighted; so, however, that due regard shall be had to the safety of the vessel and cargo and of the navigation of other vessels and to any local statutory requirements as to the lighting of the harbour or dock.

(2) Where, in a harbour or wet dock, the control of a ship apart from the operations remains with the shipowner, the ship's permanent lighting shall be maintained in operation by him to the extent that it may be required for the purpose of lighting—

( a ) the ship, and

( b ) the means of access to the ship where that access is provided by the shipowner;

Provided that, if the shipowner has given written notice to every contractor undertaking any of the operations for which the ship's permanent lighting is required that, for a specified period (for reasons connected with the management or working of the ship or the use, repair or maintenance of its equipment), the permanent lighting will not be maintained in operation by him or will be maintained in operation by him only to a specified extent, the foregoing provisions of this paragraph shall, for that period, not apply or, as the case may be, shall, for that period, apply only to the extent that the permanent lighting is maintained in operation.

In this paragraph—

"contractor" means a person who has contracted with the shipowner or his agent to carry out any of the operations; and

"shipowner" means the shipowner or master or officer in charge.

(3) A person shall not be held not to have complied with the foregoing provisions of this regulation by reasons only of a failure of the electricity supply; provided that, in the case of such failure, alternative means of lighting, which shall be sufficient and suitable in the circumstances, shall be provided as soon as practicable.

(4) Portable lamps (including hand lamps carried by persons employed) used for the purposes of the operations shall be maintained in an efficient state, in efficient working order and in good repair and in the case of lamps in which liquid fuel is used the lamp shall have a properly fitting screw lid or stopper and be so constructed as to prevent, so far as practicable, the development of leaks.

(5) Petroleum spirit or naphta shall not be used in lamps used for lighting and only paraffin or another liquid having a flash point over 38 degrees Celsius (Abel closed test or Pensky-Martens closed test, whichever is appropriate) shall be so used.

(6) A person (whether or not a person employed) shall not, unless duly authorised or in case of necessity, interfere with or remove any means of lighting provided in pursuance of this regulation.

73. (1) Work shall not be permitted in any boiler, boiler-furnace or boiler-flue until it has been sufficiently cooled to make work safe for the persons employed.

(2) Before any person employed enters any steam boiler which is one of a range of two or more steam boilers, either—

( a ) all inlets through which steam or hot water might otherwise enter the boiler from any other part of the range shall be disconnected from that part, or

( b ) all valves or taps controlling such entry shall be closed and securely locked.

(3) While persons employed remain in any steam boiler to which paragraph (2) of this regulation applies, all such inlests as are specified in that paragraph shall either remain disconnected or all such valves or taps as are therein referred to shall remain closed and securely locked.

(4) A person employed shall not be allowed or required to enter or remain in, and a person shall not enter or remain in, any steam boiler to which paragraph (2) of this regulation applies, unless the provisions of that paragraph are complied with.

74. The hatch beams of any hatch in use for the operations shall, if not removed, be adequately secured to prevent their displacement.

75. Bolts which have been jumped-up and re-screwed shall not be used for the securing plates on the sides of vessels, and a person employed shall not use such bolts for this purpose.

PART VII.Protective Wear.

76. Adequate protection for the hands shall be available for all persons employed when using cutting or welding apparatus to which oxygen or any flammable gas or vapour is supplied under pressure, or when engaged in machine caulking, in machine riveting, in transporting or stacking plates, or in handling plates at machines.

77. (1) Suitable goggles, fitted with tinted eye-pieces, shall be provided and maintained for all persons employed when using cutting or welding apparatus to which oxygen or any flammable gas or vapour is supplied under pressure.

(2) There shall be provided and maintained for the use of all persons employed when engaged in the process of electric welding —

( a ) suitable helmets, suitable head-shields or suitable hand-shields to protect the eyes and face from hot metal and from rays likely to be injurious, and

( b ) suitable gauntlets to protec- the hands and forearms from hot metal, and from rays likely to be injurious.

(3) ( a ) When electric welding is in progress at any place and persons other than those engaged in that process are employed in a position where the rays are likely to be injurious to their eyes, screens shall, where practicable, be provided at that place for the protection of those persons.

( b ) Where it is not practicable to provide effective protect of those persons by screening, suitable goggles shall be provided for their use.

78. (1) Suitable goggles or effective screens shall be provided to protect the eyes of all persons employed in any of the following processes:—

( a ) the cutting out or cutting off of cold rivets or bolts from boilers or other plant or from ships;

( b ) the chipping, scaling or scurfing of boilers or ships' plates;

( c ) drilling by means of portable machine tools;

( d ) dry grinding of metals.

(2) Where any process or operation specified in Regulation 76, 77 or paragraph (1) of this regulation is carried on a person shall not be employed in such process or operation or be required or permitted to carry on any such process or operation without utilising such protective wear as is specified under the said provisions.

79. (1) Breathing apparatus of a type suitable for the purpose of this regulation shall be provided and maintained for the use of every person employed in any of the following kinds of work that is to say; the scaling, scurfing or cleaning of boilers, combustion chambers or smoke boxes, where that work exposes those persons to dust of such a character and to such an extent as to be likely to be injurious or offensive.

(2) It shall be the duty of the persons employed in any of the kinds of work specified in this regulation to use the breathing apparatus provided for their use in pursuance of this regulation.

80. (1) All persons employed in or frequenting any place in a shipyard and on a ship or vessel where there are risks of falling objects or of injury to the head from other causes shall be provided with suitable safety helmets and every such person shall wear the helmet provided for his use.

(2) Each protective helmet shall be marked with a distinguishing mark which shall be used to identify the person to whom such helmet has been issued for general use and shall not be issued to any other person unless and until it has been cleaned and disinfected.

81. Adequate and suitable protective clothing for:—

( a ) any person who by the reason of the nature of his work is required to continue working in the open air during rain, snow, sleet, or hail,

( b ) any person who by the reason of the nature of the task is required to work in particularly dirty circumstances.

shall be available in every shipyard.

PART VIII.Miscellaneous Health Provisions.

82. A young person shall not be employed in the scaling, scurfing or cleaning of boilers, combustion chambers or smoke boxes.

83. An internal combustion engine which forms part of the equipment or plant used for the purpose of the operations shall not be used in any enclosed or confined space or place unless suitable provision is made for conducting the exhaust gases from the engine into the open air, or such enclosed or confined space or place is adequately ventilated so as to prevent danger to the health of persons employed from such exhaust gases.

PART IX.Training and Supervision.

84. (1) A young person shall not, until he has been employed in a shipyard or dry dock for at least six months, be employed in connection with the operations in a shipyard or dry dock on a stage from which, or in any part of a ship where, he is liable to fall a distance of more than 2 metres (6 feet 6 ins.) or into water in which there is a risk of drowning.

(2) Any young person under the age of sixteen shall, when employed in the operations in a shipyard or dry dock, be placed under the charge of an experienced workman.

85. (1) Effective measures shall be taken to ensure that every person employed shall receive adequate training and instruction in the precautions to be taken for his protection in relation to his health and safety and in the observance of these Regulations.

(2) In every shipyard and dry dock, a person or persons experienced in the work shall be appointed to exercise supervision with regard to the requirements of these Regulations, to enforce the observance of them, and to secure the safe conduct of the work generally. The person or persons so appointed shall not be required to carry out any other duties if so doing would prevent or unnecessarily delay the due carrying out of any duty or work necessary for securing the safety or health of persons employed.

(3) This regulation shall not be construed as preventing two or more employers from jointly appointing the same person or persons to perform some or all of the aforesaid duties for those employers.

(4) In every shipyard and dry dock other than a public dry dock, the name or names of the person or persons so appointed shall be entered on the copy of these Regulations required to be displayed in pursuance of Regulation 6 of these Regulations.

(5) The person or persons appointed in pursuance of this regulation shall investigate all accidents and shall keep a record of the investigations made and of measures taken to prevent their recurrence. Such records shall on the application of any inspector be produced by the person in charge thereof.

PART X.Miscellaneous General Provisions.

86. There shall be provided and maintained in every shipyard and dry dock for the use of all persons employed who remain in the shipyard or dry dock during meal intervals, suitable and adequate mess-rooms or canteen accommodation which shall be—

( a ) conveniently located and enclosed so as not to be exposed to dust from any process,

( b ) furnished with sufficient tables (having impervious table top surfaces) and chairs or benches with back rests,

( c ) furnished with adequate means for warming food and boiling water,

( d ) provided with adequate facilities for the washing and rinsing of cooking and eating utensils,

( e ) provided with an adequate supply of clean and wholesome drinking water,

( f ) provided with suitable and adequate arrangements to enable persons employed to store their food during working hours,

( g ) maintained in a clean state,

( h ) provided with effective means for securing and maintaining a temperature of not less than 14 degrees Celsius during meal intervals, and

( i ) placed under the charge of a responsible person;

Provided that these requirements shall not apply to any shipyard or dry dock employing 20 persons or less if the facilities provided are otherwise satisfactory for the purposes of this regulation.

87. (1) In every shipyard and dry dock, there shall be provided and maintained for the use of employed persons suitable and adequate clothing accommodation which shall include means of drying for clothing not worn during working hours. Such accommodation shall consist of—

( a ) suitably situated cupboards,

( b ) at least one hook or peg for each person, the pegs or hooks to be not less than 310 millimetres (12 inches) apart laterally, or

( c ) other suitable arrangements.

(2) Adequate and suitable accommodation shall be provided for the deposit of special protective clothing used for work and kept, when not in use, at or in the immediate vicinity of the working place.

88. (1) There shall be provided and maintained in every shipyard and dry dock, for the use of persons employed, suitable and adequate facilities for washing which shall be under cover and shall be immediately accessible to, or where this is not reasonably practicable, conveniently accessible from the place of work. The said facilities shall include facilities—

( a ) for washing hands, and

( b ) for the taking of baths by persons who may be employed in particularly dirty work.

(2) Facilities for the washing of hands provided in pursuance of paragraph (1) (a) of this regulation shall include clean running hot and cold or warm water, soap, non-abrasive nail brushes and clean towels, and, in addition, either—

( a ) a trough with a smooth impervious surface of such length (or, in the case of a circular or oval trough, of such circumference) as to allow six hundred millimetres of length for every five persons making use thereof and fitted with suitable jets or sprays serving each six hundred millimetres of length or circumference (as the case may be) and with a waste pipe, or

( b ) for every fifteen persons at least one basin with a smooth impervious surface of suitable size fitted with suitable sprays and with a waste pipe.

(3) Facilities for bathing provided in pursuance of paragraph (1) (b) of this regulation shall consist of at least one shower bath which has an adequate supply of hot and cold water supplied from one fixture together with a sufficient supply of soap and clean towels.

89. (1) There shall be provided, properly maintained and kept readily available in every shipyard and dry dock—

( a ) a sufficient number of suitably constructed sling stretchers or other similar appliances for raising injured persons,

( b ) a sufficient number of carrying or wheel stretchers and

( c ) a sufficient supply of suitable reviving apparatus and oxygen.

(2) At least one responsible person shall be appointed in every shipyard and dry dock whose duty it shall be to summon an ambulance or other means of transport, if needed, in cases of accident or illness occurring during working hours. A notice indicating the name and workplace of every person so appointed shall be prominently displayed in every shipyard and dry dock.

(3) In every shipyard and dry dock other than a public dry dock, in which the number of persons employed—

( a ) normally exceeds two hundred or

( b ) normally exceeds fifty and which is more than ten miles from a hospital,

there shall be provided and maintained in good order and in clean condition a properly constructed ambulance room containing at least the approved equipment.

(4) An ambulance room provided pursuant to paragraph (3) of this regulation shall be used only for the purpose of treatment and rest and shall be in the charge of a suitably qualified person who shall always be readily available during working hours, and a record shall be kept of all cases of accident or sickness treated at the room. The ambulance room shall—

(i) be conveniently accessible to injured persons and ambulances,

(ii) be provided with adequate heating and lighting,

(iii) have interior surfaces which may easily be kept in a clean and dust-free condition, and

(iv) be kept clean, properly maintained and be ventilated by clean and fresh air.

90. Where work is carried out in any operations in a harbour or wet dock or on board a ship or vessel, there shall be provided, by every employer of more than five persons, a first-aid box or cupboard readily accessible for prompt first-aid treatment of injuries sustained by any persons employed. The first-aid box or cupboard so provided shall comply with the requirements of any regulations made by the Minister in pursuance of Section 56 (1) of the Act for first-aid boxes or cupboards in factories.

91. Effective measures shall be taken in every shipyard and dry dock to ensure that a sufficient supply of suitable fire fighting equipment is available for immediate use and properly maintained in any place where—

( a ) oil, grease, solvents, liquids or materials likely to cause risk of fire or explosion are stored,

( b ) welding operations of any kind are carried on and

( c ) buildings are used solely for the generation, transformation and distribution of electrical energy.

92. Effective measures shall be taken in every shipyard and dry dock to ensure that a sufficient supply of suitable metal containers for the temporary disposal of flammable refuse is provided in appropriate places, and that such containers are emptied regularly and the contents disposed of in a suitable manner.

GIVEN under my Official Seal, this 22nd day of December, 1975.

MICHAEL O'LEARY,

Minister for Labour.

EXPLANATORY NOTE.

These regulations prescribe safeguards for persons engaged in shipbuilding work and ship-repairing.