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Dock Regulation Act

LAWS OF TONGA


[1988 Ed.]


CHAPTER 140


DOCK REGULATION ACT


ARRANGEMENT OF SECTIONS


SECTION


1. Short title.
2. Interpretation.
3. Administration of Act.
4. Appointment of inspectors.
5. Person under duty to comply with various parts of Act.


PART I


6. Approaches, etc., to be safe.
7. Rescue from drowning.
8. Places and roads to be lighted.
9. First-aid boxes to be provided.
10. Contents of box.
11. First-aid box to be stocked.
12. Ambulance carriage to be maintained.
13. Notice relative to first aid appliances to be exhibited.


PART II


14. Safe means of access between shore and ship to be provided.
15. Safe access from ship to ship required.
16. Safe means of access to hold from deck to be provided in certain cases.
17. Holds and decks to be lighted.
18. Beams to have suitable lifting gear.
19. Hatch coverings to be marked.
20. Beams to be in good condition.
21. Hand grips to be provided on hatch and coverings.
22. Persons to be able to remove and replace hatches freely.


PART III


23. All lifting machinery to be tested and examined.
24. No chain, etc., to be used unless tested and examined.
25. Hoisting rope to be examined.
26. Definition of competent person.
27. Certificate to be examined.
28. Load to be stamped on gear.
29. Method of marking load.
30. Links to be packed.
31. Motors, etc., to be fenced.
32. Cranes and winches to have springs, etc.
33. Driver's platform on crane, etc., to be fenced.
34. Working load to be marked on cranes, etc.
35. Exhaust steam not to obscure decks, etc.
36. Foot or derrick to be fixed.


PART IV


37. Escape of workers to be facilitated.
38. Overloading prohibited except under certain conditions.
39. Age and competence of crane drivers.
40. Passage through goods on wharf.
41. Deck stages, etc., to be firmly constructed.
42. Hatches to be covered and fenced in.
43. Intermediate decks.
44. Hooks-How to be used.
45. Work on skeleton deck.
46. Guarding against accident when stacking, etc.
47. Beams to be secured.
48. Use of signallers.
49. Vessels used for transport.


PART V


50. No authorised person to remove fencing, etc., except in case of necessity.
51. When fencing may be removed.
52. Persons to use access provided.
53. No person to go on fore and aft beams, etc.


PART VI


54. Machinery to be used.
55. Employers to perform certain duties on non-compliance by others.
56. Register to be produced when demanded.
57. Fishing boats.
Barges.
58. Penalty.


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CHAPTER 140


DOCK REGULATION ACT


Acts 10 of 1936 and 8 of 1982.


AN ACT TO PROVIDE FOR THE PROTECTION AGAINST ACCIDENTS OF WORKERS EMPLOYED IN LOADING OR UNLOADING SHIPS


[14th July, 1936]


Short title.


1. This Act may be cited for all purposes as The Dock Regulation Act.


Interpretation.


2. In this Act-


"processes" means the loading, unloading, moving and handling goods in, on, or at the dock, wharf, or quay, and the processes of loading, unloading and coaling any ship in any dock or harbour;


"person employed" means a person employed in the processes;


"prescribed" means prescribed by the Prime Minister;


"hatch" means an opening in a deck used for the purpose of the processes or for trimming, or for ventilation;


"hatchway" means the whole space within the square of the hatches, from the deck to the bottom of the hold;


"lifting machinery" means cranes, winches, hoists, derrick booms, derrick and mast bands, goose necks, eyebolts, and all other permanent attachments to the derricks, masts and decks, used in hoisting or lowering in connection with the processes;


"pulley block" means pulley, block, gin and similar gear, other than a crane block specially constructed for use with a crane to which it is permanently attached.


Administration of Act.


3. The Controller of Customs shall have the control and direction the Officers appointed under this Act and shall generally administer this Act.


Appointment of Inspectors.


4. The Controller of Customs with the consent of Cabinet shall appoint a Chief Inspector and such other Inspectors as may be necessary to assist him in carrying out the objects of this Act.


Persons under duty to comply with various parts of Act.


5. (1) It shall be the duty of the person having the general management and control of a dock, wharf, or quay, to comply with Part I of this Act:


Provided that if any other person has the exclusive right to occupation of any part of the dock, wharf, or quay, and has the general management and control of such part, the duty in respect of that part shall devolve upon that other person.


(2) It shall be the duty of the owner, master, or officer in charge of a ship to comply with Part II of this Act.


(3) It shall be the duty of the owner of machinery or plant used in the processes, and in the case of machinery or plant carried on board a ship not being a ship registered in the Kingdom, it shall be the duty of the master of such ship, to comply with Part III of this Act.


(4) It shall be the duty of every person who by himself, his agents or workmen carries on the processes, and of all agents, workmen, and persons employed by him in the processes, to comply with Part IV of this Act:


Provided that, where the processes are carried on by a stevedore or other person other than the owner of the ship, it shall be the duty of the owner or officer in charge of the ship to comply with section 42, so far as it concerns-


(a) any hatch not taken over by the said stevedore or other person for the purposes of the processes; and


(b) any hatch which, after having been taken over by the said stevedore or other person for the purpose of the processes-


(i) has been reported by written notice in the prescribed form to the owner, master or officer in charge of the ship, by or on behalf of the said stevedore or other person, as being a hatch at which the processes have been completed or completed for the time being; and


(ii) either has been left by the said stevedore or other person fenced or covered as required by section 42, or has been taken into use by or on behalf of the owner of the ship, and in either case has been so reported by such written notice as aforesaid.


It shall be the duty of the owner, master or officer in charge of the ship to give immediately a written acknowledgement in the prescribed form of such written notice as aforesaid.


(5) It shall be the duty of all persons, whether owners, occupiers, or persons employed, to comply with Part V of this Act.


(6) Part VI of this Act shall be complied with by the persons on whom the duty is placed in that Part.


PART I

Approaches etc., to be safe.


6. Every regular approach over a dock, wharf or quay which persons employed have to use for going to or from a working place at which the processes are carried on and every such working place on shore shall be maintained with due regard to the safety of the persons employed.


In particular, the following parts shall, as far as is practicable having regard to the traffic and working, be securely fenced so that the height of the fence shall be in no place less than 750 millimetres, and the fencing shall be maintained in good condition ready for use-


(a) all breaks, dangerous corners, and other dangerous parts or edges of a dock, wharf, or quay;


(b) both sides of such footways over bridges, caissons, and dock gates as are in general use by persons employed, and each side of the entrance at each end of such footway for a sufficient distance not exceeding 4.5 metres. (Amended by Act 8 of 1982.)


Rescue from drowning.


7. Provision for the rescue from drowning of persons employed and shall be made and maintained, and shall include-


(a) a supply of life-saving appliances, kept in readiness on the wharf or quay, which will be reasonably adequate having regard to all the circumstances;


(b) means at or near the surface of the water at reasonable intervals, for enabling a person immersed to support himself or escape from the water, which shall be reasonably adequate having regard to all the circumstances.


Places and roads to be lighted.


8. All places in which persons employed are employed and any dangerous parts of the regular road or way over a dock, wharf, or quay, forming the approach to any such place from the nearest highway, shall be efficiently lighted.


First-aid boxes to be provided.


  1. (a) A sufficient number of first-aid boxes or cupboards of a standard to be prescribed shall be provided at every working place and, if more than one is provided, at reasonable distances from each other;

(b) A first-aid box or cupboard shall be marked plainly with a white cross on a red ground.


Contents of box.


10. Nothing except appliances or requisites for first aid shall be kept in a first-aid box or cupboard.


First-aid box to be stocked.


11. A first-aid box or cupboard shall be kept stocked and in good order and shall be placed under the charge of a responsible person who shall always be readily available during working hours. Such person shall, except at docks, wharves or quays at which the total number of persons employed at times does not exceed 50, be a person trained in first aid.


Ambulance carriage to be maintained.


12. There shall be provided for use at every dock, wharf or quay at which the total number of persons employed at any time exceeds 50, a suitably constructed ambulance carriage maintained in good condition, for the purpose of the removal of serious cases of accident or sickness, unless arrangements have been made for obtaining such a carriage when required from a hospital or other place situate not more than 4 kilometres from the dock, wharf or quay, and in telephonic communication therewith. (Amended by Act 8 of 1982.)


Notice relative to first aid appliances to be exhibited.


13. Notices shall be exhibited in prominent positions at every dock, wharf or quay stating-


(a) the position of each first-aid box and the place where the person in charge thereof can be found;


(b) the position of stretchers or other appliances;


(c) the position of the ambulance carriage or, where such is not provided, the position of the nearest telephone and the name and telephone number of the hospital or other place from which such carriage may be obtained.


PART II


Safe means of access between shore and ship to be provided.


14. If a ship is lying at a wharf or quay for the purposes of loading or unloading or coaling, there shall be safe means of access for the use of persons employed at such times as they have to pass from the ship to the shore or from the shore to the ship as follows-


(a) where reasonably practicable the ship's accommodation ladder or a gangway or a similar construction not less than 550 millimetres wide, properly secured, and fenced throughout on each side to a clear height of 840 millimetres by means of upper and lower rails, taut ropes or chains or by other equally safe means, except in the case of the ship's accommodation ladder such fencing shall be necessary on one side only provided that the other side is properly protected by the ship's side;


(b) in other cases a ladder of sound material and adequate length which shall be properly secured to prevent slipping:


Provided that nothing in this section shall be held to apply to cargo stages or cargo gangways if other proper means of access is provided in conformity with this Act:


Provided also that as regards any sailing vessel not exceeding 250 tonnes net registered tonnage and any steam vessel not exceeding 150 tonnes gross registered tonnage this section shall not apply if and while conditions are such that it is possible without undue risk to pass to and from the ship without the aid of any special appliances. (Amended by Act 8 of 1982.)


Safe access from ship to ship required.


15. If a ship lies alongside any other ship, vessel, or boat, and persons employed have to pass from one to the other, safe means of access shall be provided for their use, unless the conditions are such that it is possible to pass from one to the other without undue risk without the aid of any special appliance;


If one of such ships, vessels, or boats, is a sailing barge, flat, keel, lighter or other similar vessel of relatively low freeboard, the means of access shall be provided by the ship which has the higher freeboard.


Safe means of access to hold from deck to be provided in certain cases.


16. (1) If the depth from the level of the deck to the bottom of the hold exceeds 1.5 metres, there shall be maintained safe means of access from the deck to the hold in which work is being carried on. (Amended by Act 8 of 1982.)


(2) Save as hereinafter provided, such access shall be afforded by ladder, and by ladder cleats or cups on the coamings, and shall not be deemed to be safe-


(a) unless the ladders between the lower decks are in the same line as the ladder from the top deck, if the same is practicable having regard to the position of the lower hatch or hatches;


(b) unless the ladders provide a foothold of a depth including any space behind the ladder of not less than 115 millimetres for a width of 250 millimetres and a firm handhold;


(c) unless the cleats or cups provided on coamings (i) provide a foothold of a depth including any space behind the cleats or cups of not less than 115 millimetres for a width of 250 millimetres and a firm handhold; (ii) are so constructed as to prevent a man's foot slipping off the side; (iii) are placed vertically one above the other and in the same line as the ladders to which they give access;


(d) unless the cargo is stowed sufficiently far from the ladder to leave at each rung of the ladder foothold of a depth including any space behind the ladder of not less than 115 millimetres for a width of 250 millimetres and a firm handhold;


(e) unless there is room to pass between a winch or other obstruction and the coamings at the place where the ladder leaves the deck;


(f) if the ladder is recessed under the deck more than is reasonably necessary to keep the ladder clear of the hatchway:


Provided that such access may be afforded-


(i) where the provision of a ladder on a bulkhead or in a trunk hatchway can be shown to be reasonably impracticable, by cleats or cups complying with the requirements of paragraph (c);


(ii) by ladders or steps, separate from any hatchway or sloping from deck to deck, if such ladders or steps comply with the requirements of paragraphs (b), (d) and (e). (Amended by Act 8 of 1982.)


(3) Shaft tunnels shall be equipped with adequate handhold and foothold on each side.


Holds and decks to be lighted.


17. When the processes are being carried on-


(a) the places in the hold and on the decks where work is being carried on,


(b) the means of access provided in pursuance of sections 14 and 15, and


(c) all parts of the ship to which persons employed may be required to proceed in the course of their employment,


shall be efficiently lighted, due regard being had to the safety of the ship and cargo, of all persons employed and of the navigation of other vessels and to the duly approved regulations of any authority having power by statute to make regulations.


Beams to have suitable lifting gear.


18. All fore and aft beams and thwartship beams used for hatch covering shall have suitable gear for lifting them on and off without it being necessary for any person to go upon them to adjust such gear.


Hatch coverings to be marked.


19. All hatch coverings shall be kept plainly marked to indicate the deck and hatch to which therein:


Provided that this section shall not apply in cases where all the hatch coverings of a ship are interchangeable or, in respect of marking of position, where all hatch coverings of a hatch are interchangeable. This section shall apply to fore and aft beams and to thwartship beams as it applies to hatch coverings.


Beams to be in good condition.


20. All fore and aft beams, and thwartship beams used for hatch covering and all hatch coverings shall be maintained in good condition.


Hand grips to be provided on hatch coverings.


21. Adequate hand grips shall be provided on all hatch coverings, having regard to their size and weight, unless the construction of the hatch or the hatch coverings is of a character rendering the provision of hand grips unnecessary.


Persons to be able to remove and replace hatches freely.


22. Where the working space around a hatch is less than 600 millimetres wide, such provision shall be made as will enable persons employed to remove and replace in safety all fore and aft beams and thwartship beams used for hatch covering and all hatch coverings. (Amended by Act 8 of 1982.)


PART III


All lifting machinery to be tested and examined.


  1. (a) All lifting machinery shall have been tested and examined by a competent person in the manner set out in the Schedule to this Act before being taken into use.

(b) (i) All derricks and permanent attachments, including bridle chains, to the derrick, mast and deck used in hoisting or lowering shall be inspected once in every 12 months and be thoroughly examined once at least in every 4 years.


(ii) All other lifting machinery shall be thoroughly examined once at least every 12 months.


(iii) For the purposes of this section thorough examination means a visual examination, supplemented if necessary by other means such as a hammer test, carried out as carefully as the conditions permit, in order to arrive at a reliable conclusion as to the safety of the parts examined; and if necessary for the purpose, parts of the machines and gear must be dismantled.


No chain, etc., to be used unless tested and examined.


  1. (a) No chain, ring, hook, shackle, swivel or pulley block shall be used in hoisting or lowering unless it has been tested and examined by a competent person in the manner set out in the Schedule to this Act;

(b) All chains, other than bridle chains attached to derricks or masts, and all rings, hooks, shackles and swivels used in hoisting or lowering shall, unless they have been subjected to such other treatment as may be prescribed, be effectually annealed under the supervision of a competent person and at the following intervals-


(i) 13 millimetres and smaller chains, rings, hooks, shackles and swivels in general use, once at least in every 6 months;


(ii) all other chains, rings, hooks, shackles and swivels in general use once at least in every 12 months:


Provided that in the case of such gear used solely on cranes and other hoisting appliances worked by hand, 12 months shall be substituted for 6 months in paragraph (i) and 2 years for 12 months in paragraph (ii):


Provided also that where the Chief Inspector is of opinion that, owing to the size, design, material or infrequency of use of any such gear or class of such gear, the requirement of this section as to annealing is not necessary for the protection of persons employed, he may by certificate in writing (which he may in his discretion revoke) exempt such gear or class of gear from such requirements subject to such conditions as may be specified in such certificate;


(c) All chains, other than bridle chains attached to derricks or masts, and all rings, hooks, shackles, swivels and pulley blocks shall be inspected by a competent person immediately before each occasion on which they are used in hoisting or lowering, unless they have been inspected within the preceding 3 months;


(d) all chains, rings, hooks, shackles or swivels used in hoisting or lowering which have been lengthened, altered or repaired by welding shall before being taken into use be adequately tested and re-examined.


Hoisting rope to be examined.


25. (a) No rope shall be used in hoisting or lowering unless-


(i) it is of suitable quality and free from patent defect; and


(ii) in the case of wire rope, it has been examined and tested by a competent person in the manner set out in the Schedule to this Act;


(b) Every wire rope in general use for hoisting or lowering shall be inspected by a competent person once at least in every 3 months, provided that after any wire has been broken in such rope it shall be inspected once at least in every month;


(c) No wire rope shall be used in hoisting or lowering if in any length of 8 diameters the total number of visible broken wires exceeds 10 per cent of the total number of wires, or the rope shows signs of excessive wear, corrosion or other defect which, in the opinion of the person who inspects it, renders it unfit for use;


(d) A thimble or loop splice made in any wire rope shall have at least 3 tucks with a whole strand of the rope and 2 tucks with one half of the wires cut out of each strand. The strands in all cases shall be tucked against the lay of the rope:


Provided that this section shall not operate to prevent the use of another form of splice which can be shown to be as efficient as that laid down in this section.


Definition of competent person.


26. For the purposes of sections 23, 24 and 25, a person shall not be deemed to be a competent person if and so far as the Chief Inspector has given notice in writing that such person is in his opinion not technically qualified to carry out the tests, examinations or annealing required by this Act:


Provided that any person whom the Chief Inspector may thus declare not to be competent shall have the right to appeal against such declaration to the Prime Minister, whose decision shall be final.


Certificates to be examined.


  1. (a) Certificates in the prescribed forms and containing the prescribed particulars with regard to the tests, examinations, inspections, annealing or other treatment required under sections 23, 24 (a) and (b) and 25 (a) shall be obtained, and entered in or attached to the prescribed register before the machinery, chain, rope or other gear to which the certificate refers is subsequently taken into use in connection with the processes.

(b) The prescribed register with the certificates required to be attached to it shall be kept on the premises unless some other place has been approved in writing by the Chief Inspector.


Load to be stamped on gear.


28. No pulley block shall be used in hoisting or lowering unless the safe working load is clearly stamped upon it.


Method of marking load.


29. Means shall be provided to enable any person using a chain or wire rope sling to ascertain the safe working load for such chain or sling under such conditions as it may be used -


(a) As regards chain slings, such means shall consist of marking the safe working load in plain figures or letters upon the sling or upon a tablet or ring of durable material attached securely thereto;


(b) As regards wire rope slings, such means shall consist of either the means specified in paragraph (a) above or a notice or notices, so exhibited as to be easily read by any person concerned, stating the safe working loads for the various sizes of wire rope slings used.


Links to be packed.


30. Chains shall not be shortened by tying knots in them; and suitable packing shall be provided to prevent the links coming into contact with sharp edges of loads of hard material.


Motors, etc., to be fenced.


31. All motors, cog-wheels, chain and friction gearing, shafting, live electric conductors and steam pipes shall (unless it can be shown that by their position and construction they are equally safe to every person employed as they would be if securely fenced) be securely fenced so far as is practicable without impeding the safe working of the ship.


Cranes and winches to have springs, etc.


32. Cranes and winches shall be provided with such means as will reduce to a minimum the risk of the accidental descent of a load while being raised or lowered; in particular, the lever controlling the link motion reversing gear of a crane or winch shall be provided with a suitable spring or other locking arrangement.


Driver's platform on crane, etc., to be fenced.


33. The driver's platform on every crane or tip driven by mechanical power shall be securely fenced and shall be provided with safe means of access. In particular where access is by a ladder-


(a) the sides of the ladder shall extend to a reasonable distance, beyond the platform or some other suitable handhold shall be provided;


(b) the landing place on the platform shall be maintained free from obstruction;


(c) in cases where the ladder is vertical and exceeds 10 metres in height, a resting place shall be provided approximately midway between the platform and the foot of the ladder. (Amended by Act 8 of 1982.)


Working load to be marked on cranes, etc.


34. Every crane and derrick shall have the safe working load plainly marked upon it, and every shore crane if so constructed that the safe working load may be varied by the raising or lowering of the jib or otherwise, shall have attached to it an automatic indicator of safe working loads:


Provided that, in cases where the jib may be raised or lowered, provision on the crane of a table showing the safe working loads at the corresponding inclinations or radii of the jib shall be considered sufficient compliance.


Exhaust steam not to obscure decks, etc.


35. Adequate measures shall be taken to prevent exhaust steam from, and so far as is practicable live steam to, any crane or winch obscuring any part of the decks, gangways, stages, wharf, or quay where any person is employed in the processes.


Foot of derrick to be fixed.


36. Appropriate measures shall be taken to prevent the foot of a being accidentally lifted out of its socket or support.


PART IV


Escape of workers to be facilitated.


37. Precautions shall be taken to facilitate the escape of the workers when employed in a hold or on between decks in dealing with coal or other bulk cargo.


Overloading prohibited except under certain conditions.


  1. (a) No lifting machinery, chains or other lifting appliance shall be loaded beyond the safe working load, except that a crane may be loaded beyond the safe working load in exceptional cases to such extent and subject to such conditions as may be approved by the engineer in charge or other competent person, if on each occasion-

(i) the written permission of the owner or his responsible agent has been obtained;


(ii) a record of the overload is kept:


Provided also that, where the load upon a single sheave pulley block is attached to the pulley instead of to the chain or rope passing round the sheave, the load on the pulley block shall be deemed for the purpose of this section to be half the actual load;


(b) No load shall be left suspended from a crane, winch, or other machine unless there is a competent person actually in charge of the machine while the load is so left.


Age and competence of crane drivers.


39. No person under 16 years of age and no person who is not sufficiently competent and reliable, shall be employed as driver of a crane or winch, whether driven by mechanical power or otherwise, or to give signals to a driver or to attend to cargo falls on winch ends or winch-bodies.


Passage through goods on wharf.


40. Where goods are placed on a wharf or quay-


(a) a clear passage leading to the means of access to the ship required by section 14 shall be maintained on the wharf or quay; and


(b) if any space is left along the edge of the wharf or quay, it shall be at least 900 millimetres wide and clear of all obstructions other than fixed structures, plant and appliances in use. (Amended by Act 8 of 1982.)


Deck stages, etc., to be firmly constructed.


  1. (a) No deck-stage or cargo-stage shall be used in the processes unless it is substantially and firmly constructed and firmly be constructed and adequately supported, and, where necessary, securely fastened.

(b) No truck shall be used for carrying cargo between ship and shore on a stage so steep as to be unsafe.


(c) Any stage which is slippery shall be made safe by the use of sand or otherwise.


Hatches to be covered and fenced in.


  1. (a) If any hatch of a hold accessible to any person employed and exceeding 1.5 metres in depth, measured from the level of the deck in which the hatch is situated to the bottom of the hold, is not in use for the passage of goods, coal or other material, or for trimming, and the coamings are less than 750 millimetres in height, such hatch shall either be fenced to a height of one metre or be securely covered:

Provided that this requirement shall not apply (i) to vessels not exceeding 200 tonnes net registered tonnage which have only one hatch-way or (ii) to any vessel during meal times or other short interruptions of work during the period of employment.


(b) Hatch coverings shall not be used in the construction of deck or cargo stages, or for any other purpose which may expose them to damage.


(c) Hatch coverings shall be replaced on the hatches in the positions indicated by the markings made thereon in pursuance of section 19. (Amended by Act 8 of 1982.)


Intermediate decks.


43. No cargo shall be loaded or unloaded by a fall or sling at any intermediate deck unless either the hatch at that deck is securely covered or a secure landing platform of a width not less than that of one section of hatch coverings has been placed across it:


Provided that this section shall not apply to any process of unloading the whole of which will be completed within a period of half an hour.


Hooks-How to be used.


44. When the working space in the hold is confined to the square of the hatch, hooks shall not be made fast in the bands or fastenings of bales of cotton, wool, cork, gunny bags or other similar goods nor shall hooks be used for raising or lowering a barrel when, owing to the construction or condition of the barrel or of the hooks, their use is likely to be unsafe.


Nothing in this section shall apply to breaking out or making up slings.


Work on skeleton deck.


45. When work is proceeding on any skeleton deck, adequate staging shall be provided unless the space beneath the deck is filled with cargo to within the distance of 600 millimetres of such deck. (Amended by Act 8 of 1982.)


Guarding against accident when stacking etc.


46. Where stacking, unstacking, stowing or unstawing of cargo or handling in connection therewith cannot be safely carried out unaided, reasonable measures to guard against accident shall be taken by shoring or otherwise.


Beams to be secured.


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


Use of signallers.


48. When cargo is being loaded or unloaded by a fall at a hatchway, a signaller shall be employed, and where more than one fall is being worked at a hatchway, a separate signaller shall be employed to attend to each fall:


Provided that-


(a) this section shall not apply in cases where a barge, lighter or other similar vessel is being loaded or unloaded if the driver of the crane or winch working the fall has a clear and unrestricted view of those parts of the hold where work is being carried on;


(b) where the Chief Inspector is of opinion that, owing to the nature of the crane or winch or other appliance in use or by reason of any special arrangements, the requirements of this section are not necessary for the safety of persons employed he may by certificate in writing (which he may in his discretion revoke) suspend such requirements subject to such conditions as may be specified in such certificate.


Vessels used for transport.


49. When any person employed has to proceed to or from a ship by water for the purpose of carrying on the processes, proper measures shall be taken to provide for his safe transport. Vessels used for this purpose shall be in charge of a competent person, shall not be over-crowded, and shall be properly equipped for safe navigation and maintained in good condition.


PART V


No unauthorised person to remove fencing, etc., except in case of necessity.


50. No person shall, unless duly authorised or in case of necessity remove or interfere with any fencing, gangway, gear, ladder, hatch covering, life-saving means or appliances, lights, marks, stages or other things whatsoever required by this Act to be provided. If removed, such things shall be restored at the end of the period during which their removal was necessary by the persons last engaged in the work that necessitated such removal.


When fencing may be removed.


51. The fencing required by section 6 shall not be removed except to the extent and for the period reasonably necessary for carrying on the work of the dock or ship, or for repairing any fencing. If removed it shall be restored forthwith at the end of that period by the persons engaged in the work that necessitated its removal.


Persons to use access provided.


52. Every person employed shall use the means of access provided in accordance with sections 14, 15 and 16, and no person shall authorize or order another to use means of access other than those provided in accordance therewith.


No persons to go on fore and aft beams, etc.


53. No person shall go upon the fore and aft beams or thwartship beams for the purpose of adjusting the gear for lifting them on and off nor shall any person authorize or order another to do so.


PART VI


Machinery to be used.


54. No employer of persons in the processes shall allow machinery or gear to be used by such persons which does not comply with Part III of this Act.


Employers to perform certain duties on non-compliance by others.


55. If the persons whose duty it is to comply with sections 14, 15 and 17 fail so to do, then it shall also be the duty of the employers of the persons employed for whose use the means of access and the lights are required, to comply with the said sections within the shortest time reasonably practicable after such failure.


Register to be produced when demanded.


56. The prescribed register shall, on the application of the Chief Inspector or any other inspector, be produced by the person in charge thereof; if it relates to the lifting machinery and other gear of a ship and is kept on the ship, it shall be produced, together with the certificate of the ship's register, by the person for the time being in charge of the ship.


Fishing boats.


57. (1) Nothing in Parts II to VI of this Act shall apply to the unloading of fish from a vessel employed in the catching of fish.


Barges.


(2) Nothing in sections 14, 15 (so far as regards liability to provide means of access), 16, 18, 19, 21, 22, 42(a) and 53 shall apply to a barge or lighter.


Penalty.


58. Any person who contravenes the provisions of this Act shall be guilty of an offence, and shall be liable on conviction to a fine not exceeding $100, and in default of payment to imprisonment for a period not exceeding 6 months.


_______


SCHEDULE


MANNER OF TEST AND EXAMINATION BEFORE TAKING LIFTING MACHINERY AND GEAR INTO USE


Sections 23 (a), 24 (a) and 25 (a)


(a) Every winch with the whole of the gear accessory thereto (including derricks, goose necks, eye-plates, eye-bolts or other attachments) shall be tested with a proof load which shall exceed the safe working load as follows:


Safe working load
Proof load
Up to 20 tonnes
25 per cent in excess.
20-50 tonnes
5 tonnes in excess.
Over 50 tonnes
10 per cent in excess.

The proof load shall be applied either (i) by hoisting movable weights or (ii) by means of a spring or hydraulic balance or similar appliance, with a derrick at an angle to the horizontal which shall be stated in the certificate of the test. In the former case, after the movable weights have been hoisted, the derrick shall be swung as far as possible in both directions. In the latter case, the proof load shall be applied with the derrick swung as far as practical first in one direction and then in the other.


(b) Every crane and other hoisting machine with its accessory gear shall be tested with a proof load which shall exceed the safe working load as follows-


Safe working load
Proof load
Up to 20 tonnes
25 per cent in excess.
20-50 tonnes
5 tonnes in excess.
Over 50 tonnes
10 per cent in excess.

The said proof load shall be hoisted and swung as far as possible in both directions. In the case of a jib-crane, if the jib has a variable radius, it shall be tested with a proof load as defined above at the maximum and minimum radii of the jib. In the case of hydraulic cranes or hoists, where, owing to the limitation of pressure, it is impossible to hoist a load 25 per cent in excess of, the safe working load, it shall be sufficient to hoist the greatest possible load.


(c) Every article of loose gear (whether it is accessory to a machine or not) shall be tested with a proof load at least equal to that shown against the article in the following table-


Article of Gear
Proof load
Chain
)
)
)
)
)

Ring

Hook
Twice the safe working load.
Shackle

Swivel


Pulley Blocks

Single Sheave Block
Four times the safe working load.
Multiple Sheave Block with safe working load up to and including 20 tonnes
)
)
)
)
)
)
)
)
Twice the safe working load.
Multiple Sheave Block with safe working load over 20 tonnes up to and including 40 tonnes
20 tonnes in excess of the safe working load.
Multiple Sheave Block with safe working load over 40 tonnes
One and a half times the safe working load.

Provided that where the Chief Inspector is of opinion that, owing to the size, design, construction, material or use of any such loose gear or class of such gear, any of the above requirements are not necessary for the protection of persons employed, he may by certificate in writing (which he may in his discretion revoke) exempt such gear or class of gear from such requirement, subject to such conditions as may be stated in the certificate.


(d) After being tested as aforesaid, all machines with the whole of the gear accessory thereto and all loose gear shall be examined, the sheaves and the pins of the pulley blocks being removed for the purpose, to see that no part is injured or permanently deformed by the test.


(e) In the case of wire ropes, a sample shall be tested to destruction and the safe working load shall not exceed one-fifth of the breaking load of the sample tested.


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