Dock Workers, (Safety, Health and Welfare) Act, 1986
G.S.R. 79 (E), dated 16th February,
1990.*-
Whereas
the draft of Dock Workers, (Safety, Health and Welfare) Rules, 1987, was
published as required by sub-section (1) of Sec. 22 of the Dock Workers,
(Safety, Health and Welfare) Act, 1986 (54 of 1986), in Pt. II, Sec. 3 (i), of
the Gazette of India, Extraordinary, dated the 27th November, 1987 with
notification of the Government of India In the Ministry of Labour, No. G.S.R.
939 (E), dated the 27th November, 1987, inviting objections and suggestions
from all persons likely to be affected thereby, till the expiry of a period of
forty-five days from the date of publication of the said draft notification in
the Official Gazette;
And whereas the said Gazette was made
available to the public on the 18th December, 1987;
And whereas the objections and
suggestions received from the public on the said draft have been considered by
the Central Government;
Now therefore, in exercise of the
powers conferred by Sec. 20 of the said Act, the Central Government hereby
makes the following rules, namely:-
1. Short title, application and
commencement.-
(1) These rules may be called the Dock
Workers, (Safety, Health and Welfare) Rules, 1990.
(2) They shall apply to all major ports in
India as defined in the Major Ports Act, 1963 (38 of 1963).
(3) They shall come into
force after expiry of 30 days from the date of their publication in the
Official Gazette.
2. Definitions.-
In these rules, unless the context
otherwise require.-
(a) "Act" means the Dock
Workers, (Safety, Health and Welfare) Act, 1986 (54 of 1986);
(b) "Regulations" means the Dock
Workers, (Safety, Health and Welfare) Regulations, 1989; and,
(c) All the words used in these rules and
not defined but defined in the Act or the regulations shall have the meanings
respectively assigned to them in the Act and the regulations.
Comment
This rule
lays down that the words used in these rules but not defined shall have the
meanings as assigned to those words in the Act or the regulations.
Otherwise-What amounts to.-
The word
"otherwise" is not to be construed ejusdem gensis with the words
"Circulars, advertisements". **
3. Inspection procedure.-
An Inspector shall exercise the powers
conferred upon him under the Act and the regulations.
4. Notice to employer.-
Page 1
The Inspector
shall, after every inspection visit, as may be deemed necessary, issue an
improvement notice or a prohibition notice pointing out the non-compliance of
provisions of the Act or the regulations to the owner or master or
officer-in-charge of the ship or their agent or the employer of the dock
workers in Form IX appended to the regulations.
5. Compliance of previous inspection
reports.-
An
Inspector shall, at each inspection, ascertain to what extent any shortcomings
notified at a previous inspection have been rectified and the notices
previously issued have been complied with. His findings and any shortcomings
which may come to light during the inspection, together with any order passed
by him under the Act or the regulations shall be recorded in an inspection
register required to be maintained for the purpose.
6. Notice to whom served.-
Any notice or order required or
intended to be served under the Act or the regulations, may be served:
(a) On any person by delivering it to him,
or by leaving it at, or sending it by registered post to the ship, premises or
registered office as the case may be.
(b) On any firm by delivering it to any
partner of the firm or by leaving It at, or sending it by registered post to
the office of the firm.
(c) On any company by delivering it to any
of the directors or the person in charge of operation in the dock premises or
by sending it by registered post to the office of the company.
7. Show-cause notice.-
An Inspector may, as deemed necessary,
issue show cause notice and prohibition order and prosecute the port authority,
firm or company, who by himself or through his agent is responsible for
non-compliance of the provisions under the Act and the regulations.
Comment
Deemed-Meaning of.-
The word "deemed" always
means to be treated "as if it were" ***
8. Inquiry
into causes of accidents.-An Inspector shall conduct inquiry into
causes of any accident or dangerous occurrence, which he has reason to
believe was caused as a result of collapse or failure of lifting appliance,
loose gear, transport equipment, etc., or non-compliance with any of the
provisions of the Act or the regulations.
9. Advisory Committee.-
(a) The Advisory Committee under Sec.
9 of the Act shall consist of the following nine members to be appointed by
Central Government, namely:
(i) The Chief Inspector and other two
members representing the Central Government.
(ii) Three members representing
organisation of employers of dock workers as the Central Government may
consider appropriate.
(iii)
Three
members representing organisations of dock workers, as the Central Government
may consider appropriate:
i i
i i i i i
Page 2
a
a a a a , a a , a Government by appointing new members representing the
organisations as provided in this sub-rule:
Provided further that the Central
Government may remove any member from the Advisory Committee, without assigning
any reasons.
(b) The Chief Inspector shall be Chairman
of the Advisory Committee.
(c) The members of the Committee shall be
appointed for a period of three years.
(d) An
official of the organisation of the Chief Inspector shall function as the
Secretary to the Advisory Committee and shall be entitled to attend and take
part in the meetings of the Committee, he shall not have a right to vote.
(e) (i) The Chairman shall convene
meetings of the Advisory Committee, as often as considered necessary, by giving
notice of at least 15 days. The Chairman shall also forward to the members the
agenda for the meeting before the meeting is held.
(ii) The decisions taken by the Committee
shall be forwarded by the Chairman to the Central Government, along with
comments and recommendations on the action to be taken thereon.
(iii) A report of the action taken on the
decisions of the Advisory Committee shall be presented to the Committee by the
Chairman at its next meeting.
Comments
This rule deals with composition of
the Advisory committee under Sec. 9 of the Act
Proviso-Internal aid.-It is a well
settled principle of construction that unless clearly indicated, a proviso
would not take away substantive rights given by the section or the sub-section
****
10. Competent person appointed by
Central Government for the purposes of inquiring into the causes of any
accident, diseases
connected with the dock work under the provision of Sec. 10 of the Act shall
make the inquiry in the following manner:
(a) date, time and place of holding
the inquiry shall be fixed and may be varied, notice of which shall be given
not less than 30 days in writing of such date, time and place to every person
entitled to appear at the inquiry whose name and address are known to the
competent person :
Provided that.-
(i) with the consent of all such persons,
the competent person may give such lesser period of notice as shall be agreed
to with those persons; and
(ii) where
it becomes necessary or advisable to vary the time or place fixed for the
inquiry, the competent person shall give such notice of the variation as may
appear to it to be reasonable in the circumstances.
(b) The notice given under paragraph (a)
of this rule shall state the name of the competent person and the names of
assessors, if any, appointed to assist the competent person in the inquiry.
(c) Without prejudice to the foregoing
provisions of this rule, the competent person shall also for the purpose of notifying
to the persons who may in any way be concerned with the subject matter of the
inquiry, take one or more of the following steps namely:
(i) publish notice of the inquiry in
one or more newspapers, including where appropriate, newspapers circulating in
the locality/area in which the subject matter of the inquiry arose; and
Page 3
(ii) give such other notice of the inquiry as appears to
the competent person to be appropriate; and the requirements as to the period
of notice contained in paragraph (a) of this rule shall not apply to any such
notices.
Comment
This rule lays down the manner the
inquiry under Sec. 10 of the Act.
11. Persons to appear at inquiry.-
(1) The person entitled to appear at
the inquiry shall be-
(a) any competent person under regulation
2 (a);
(b) any enforcing authority concerned;
(c) any employers' association or trade
union of employees;
(d) any person who was injured or suffered
damage as a result of the accident, occurrence, situation, disease or other
matter which is the subject of the inquiry, or his representative;
(e) the owner of any
premises in which the accident, occurrence, situation or other matter occurred
or arose;
(f) any person carrying on dock work
giving rise to the accident, occurrence, situation or other matter which is the
subject of the inquiry, and
(g) any other person at the discretion of
the appointed competent person.
(2) The following shall represent at
the inquiry-
(a) a corporate body may be represented by
its secretary or by any other officer appointed for the purpose, or by counsel
or solicitor;
(b) a Government department, an employers'
association or a trade union may be represented by a counsel or a solicitor,
(c) where
there are two or more persons having a similar interest in the matter under
inquiry, the competent person may allow one or more persons to appear for the
benefit of some or all persons so interested.
(3) The competent person appointed by the
Central Government under Sec. 10 of the Act, may, either of his own motion or
on the application of any person entitled or permitted to appear, cause to be
served on any person appearing to him to be likely to be able to give material
evidence or to produce any document likely to be material evidence, a notice
requiring that person to attend at the inquiry at the time and place specified
in the notice to give evidence or produce the document.
(4) A
person on whom a notice is served under sub-rule (3) may apply to the competent
person either at or before the inquiry to vary or set aside the requirement,
and where he does so before the inquiry he shall give notice of his application
to the person, if any, who applied for the notice under sub-rule (3) to be
served.
(5) Except
as otherwise provided in these rules, the procedure at and in connection with
an inquiry shall be at the discretion of the competent person who shall state
at the commencement of the hearing the procedure which, subject to
consideration of any submission by the persons appearing at the inquiry, he
proposed to adopt and shall inform those persons what he proposes as regards
any site inspection arising out of the hearing.
Page 4
12. Inquiry in public.-
(1) The competent person appointed by
the Central Government under Sec. 10 of the Act, shall conduct the inquiry
under rule 10 in public, unless.-
(a) the Central Government is of the
opinion that the matters of the inquiry or any part of it are of such nature
that it would be against the interests of national security to hold the inquiry
in public and directs the competent person to hold the inquiry in camera; or
(b) on an application made to him by any
party to the inquiry, decides to hold the inquiry, or such part of it in
camera, if he is of the opinion that the holding of public inquiry will lead to
disclosure of information relating to a trade secret.
Information disclosed
to any person by the hearing of evidence in the circumstances mentioned in
sub-paragraphs
(a) or (b) above shall not be
disclosed by him except for the purposes of the inquiry.
(2) Persons entitled or permitted to
appear shall be heard in such order as the competent person appointed by the
Central Government under Sec. 10 of the Act, may determine.
(3) Persons
entitled to appear shall be entitled to make an opening statement, to call
evidence and to cross-examine persons giving evidence, but any other person
appearing at the inquiry may do so only to the extent permitted by the
competent person appointed by the Central Government under Sec. 10 of the Act.
(4) Where
the competent person appointed by the Central Government under Sec. 10 of the
Act, so requires, witnesses shall give evidence on oath, and for that purpose
he may administer an oath in due form.
(5) Any evidence may be admitted at the
discretion of the competent person appointed by the Central Government under
Sec. 10 of the Act, who may direct that documents to be tendered in evidence
may be inspected by any person entifled or permitted to appear at the inquiry
and that facilities be afforded to him to take or obtain copies thereof.
(6) The
competent person appointed by the Central Government under Sec. 10 of the Act,
shall be entitled (subject to disclosure thereof at the inquiry and making
available copies thereof to the persons appearing at the inquiry) to take into
account any written representation or statement received by him before the
inquiry from any person.
(7) The
competent person appointed by the Central Government under Sec. 10 of the Act,
may from time to time adjourn the inquiry and where he does so shall give
reasonable notice to every person entitled or permitted to appear at the
inquiry of the date, time and place of the adjourned inquiry. Provided that
where the date, time and place of the adjourned inquiry are announced at the
inquiry, no further notice shall be required.
(8) The
competent person appointed by the Central Government under Sec. 10 of the Act,
and any person appointed to assist him in the inquiry may, where necessary for
the purpose of the inquiry, at any reasonable time enter and make an inspection
of any ship/premises to which the inquiry relates and anything in them.
(9) (a) The competent person appointed by
the Central Government under Sec. 10 of the Act, shall after the close of the
inquiry make a report in writing to the Central Government, which shall include
the findings of the facts and his recommendations, if any, or his reasons for
making any recommendation.
(b) Except where the said report is to
be published, in whole or in part, the Central Government shall send to any
person who appeared at the inquiry a copy of the report or so much of it as the
competent person appointed by the Central Government under Sec. 10 of the Act,
thinks fit.
Comment
Page 5
This rule lays down the manner of the
inquiry under Sec. 10 of the Act.
"May" and
"shall".-Where the Legislature uses the words "may" and
"shall" together in two different parts of the same provision, prima
facie it would appear that the Legislature manifested its intention to make one
part directory and another mandatory. But that by itself may not be decisive.
The power of the Court, however, to ascertain the real intention of the
Legislature by carefully examining the scope of the statute to find out whether
the provision is directory or mandatory, remains unimpaired. *****
* Publishing in Gazette of India, Extraordinary. Pt. II,
Sec. 3 (i), No.61, dated 16th February, 1990
**
Sidarth
Wheels Pvt. Ltd. v. Bedrock Ltd., A.I.R. 1998 Delhi 228 at p. 236.
***
1zz.
Kalika Kumar alias Kalika Singh v. State of Bihar, (1990) (38) (1) B.L.J.R. 51
at p. 73 (Pat.)
(4) 1aa. Madhugopal v VI Additional
District Judge, A.I.R. 1989 S.C. 155 at p. 157
*****
Agya
Ram v State of U.P., 1990 (27) A.C.C. 29 at p. 31, See also State of H.P. v.
Sudershan Kumar, 1990
(1) E.F.R. 25 at p. 28 (H.P.).
DOCK WORKERS (SAFETY, HEALTH AND
WELFARE) REGULATIONS, 1990
G.S.R 80 (E), dated 16th February,
1990.-Whereas the draft of the Dock Workers (Safety, Health and Welfare)
Regulations, 1987, was published as required by sub-section (1) of Sec. 22 of
the Dock Workers (Safety, Health and Welfare) Act, 1986 (54 of 1986), in the
Gazette of India, Extraordinary, Part II, Sec. 3 (i) dated the 27th November,
1987, under the notification of the Government of India In the Ministry of
Labour No. G.S.R. 937 (E), dated the 27th November, 1987, Inviting objections
and suggestions from all persons likely to be affected thereby, before the
expiry of a period of forty-five days from the date of publication of the said
notification in the Official Gazette;
And whereas the said Gazette was made
available to the public on the 6th January, 1988;
And whereas the objections and
suggestions received from the public on the said draft have been considered by
the Central Government;
Now, therefore, in exercise of the
powers conferred by Sec. 21 of the said Act the Central Government hereby makes
the following regulations, namely:
PART I
General
1. Short title, application and
commencement.- (1)
These regulations may be called the Dock Workers (Safety, Health and
Welfare) Regulations, 1990.
(2) They shall apply to all major
ports in India as defined in the Major Ports Act, 1963 (38 of 1963).
(3) They shall come into force after
the expiry of 30 days of their publication in the Official Gazette.
2. Definitions.-In these regulations unless the
context otherwise requires.-
a) "Act" means the Dock
Workers (Safety, Health and Welfare) Act, 1986 (54 of 1986);
Page 6
(b) "access" includes egress;
(c) "authorised person" means a
person authorised by the employer, the master of the ship or a responsible
person to undertake a specific task or tasks and possessing necessary technical
knowledge and experience for undertaking the task or tasks;
(d) "competent person" means.-
(i) a
person belonging to a testing establishment in India who is approved by the
Chief Inspector for the purpose of testing, examination or annealing and
certification of lifting appliances, loose gears or wire ropes;
(ii) any
other person who is recognised under the relevant regulations in force in other
countries as competent for issuing certificates for any of the purposes
mentioned in sub-clause (1) for the implementation of the Protection against
Accidents (Dockers) Convention (Revised), 1932 (No. 32) and the Convention
concerning Occupational Safety and Health in Dock Work (No. 152), 1979, adopted
by International Labour Conference;
(e) "container" means an article
of transport equipment of a permanent character and accordingly strong enough to
be suitable for repeated use and as specified under national or international
standards;
(f) "container terminal" means
the area where the operations of receiving, storage, dispatch and interchange
of containers, between transport made is carried out primarily with the help of
lifting appliances and transport equipment, and includes associated road
vehicles, waiting places, control inter-change grid, stacking areas and
associated road vehicle, departure, but shall not include.-
(i) terminals which handle significant
volumes of containerized cargo and break-bulk cargo together using the same
operational areas;
(ii) all railway terminals and all in-land
depots;
(iii) the stuffing and stripping of the
contents of containers; and
(iv) ship-board and ship-side operations
LQ/LO and RO/RO vessels;
(g) "conveyer" means a
mechanical device used In dock work for the transport of single packages or
solid bulk cargo from one point to another point;
(h) "dangerous goods" means any
cargo which due to its explosiveness, inflammability, radioactivity, toxic or
corrosive properties, or other similar characteristics, may cause injury,
adversely affect the human system, loss of life or property while handling, transporting,
shipping or storing and which is classified as such by any international or
national standards;
(i) "dock" means any dock,
wharf, quay or shore and shall include any warehouse or store place belonging
to owners, trustees or conservators of, and situated in or in the vicinity of
the dock, wharf, quay or shore and any railway line or siding on or used in
connection with the dock, wharf quay or shore but not forming part of Indian
railways;
(j) "form" means a form appended
to these regulations;
(k) "hatch" means on opening in
a dock used for purposes of dock work or for trimming or for ventilation or for
cleaning;
(l)
"hatchway"
means the whole space within the square of the hatches from the top dock to the
bottom of the bold;
(m) "Inspector" me ns person
ppointed by the Centr l Government under Sec 3 of the Act nd includes the
Page 7
Chief Inspector;
(n)"lifting appliance" means
all stationary or mobile cargo handling appliances including their permanent
attachments, such as cranes, derricks shore based power operated ramps used on
shore or on board ship for suspending, raising or lowering, cargo or moving
them from one position to another while suspended or supported, in connection
with the dock work and includes lifting machinery;
(o) "loose
gear" means hook, shackle, swivel, chain, sling, lifting beam, container
speader, tray and any other such gear, by means of which the load can be
attached to a lifting appliance and includes lifting device;
(p) "port" means a port as
defined under the Indian Ports Act, 1908 (15 of 1908);
(q) "port authority" means the
person having the general management and control of dock:
Provided
that if any other person has, by exclusive right to occupation of any part of
the dock acquired the general management and control of such part, he shall be
deemed to be the "port Authority" in respect of that part;
(r) "premises" means any dock,
wharf, quay, warehouse, store place or landing place where the dock work is
carried on;
(s) "prescribed" means
prescribed by the Central Government;
(t) "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;
(u) "responsible
person" means a person appointed by the employer, the master of the ship,
the owner of the gear or port authorities, as the case may be, to be
responsible for the performance of a specific duty or duties and who has
sufficient knowledge and experience and the requisite authority for the proper
performance of the duty or duties;
(v) "safe working load" in
relation to an article of loose gear or lifting appliance means the load which
is the maximum load that may be imposed with safety in the normal working
conditions and as assessed and certified by the competent person;
(w) "schedule" means a schedule
appended to these regulations;
(x) "ship"
means any kind of ship, vessel barge, lighter or hover-craft excluding ships of
war and country craft;
(y) "testing establishment" means
an establishment with testing and examination facilities, as approved by the
Chief Inspector for carrying out testing, examination, annealing or
certification, etc. of lifting appliance or loose gear or wire rope as required
under the regulations;
(z) "transport equipment" means
all powered and hand truck, for lift truck, tractor, trailer, locomotive, prime
mover and any other such equipment used in dock work;
(zz) words and expressions not defined
in these regulations but defined or used in the Act shall have the same meaning
as assigned to them in the Act
3. Powers of Inspectors.-(a) An Inspector may at any port for
which he is appointed.-
(i) enter,
with such assistance, (if any), as he thinks fit, any ship, dock, warehouse or
other premises, where any dock work, is being carried on, or where he has
reason to believe that any dock work is being carried on;
(ii) make examination of the ship, dock,
lifting appliance, loose gear, lifting device, staging, transport equipment,
warehouse or other premises, used or to be used, for any dock work;
Page 8
(iii) require the production of any testing
muster roll or other document relating to the employment of dock workers and
examine such document;
(iv) take on the spot or otherwise such
evidence of any person which he may deem necessary:
Provided that no person shall be
compelled under sub-regulation 3 (a) (iv) to answer any question or, give any
evidence tending to incriminate himself;
(v) take
copies of registers, records or other documents or portions thereof as he may
consider relevant in respect of any offence which he has reason to believe has
been committed or for the purpose of any inquiry;
(vi) take photograph, sketch, sample,
weight measure or record as he may consider necessary for the purpose of any
examination or inquiry;
(vii) hold an inquiry into the cause of any
accident or dangerous occurrence which he has reason to believe was the result
of the collapse or failure of any lifting appliance loose gear, transport
equipment, staging non-compliance with any of the provisions of the Act or the
regulations;
(viii) issue show-cause notice relating to
the safety, health and welfare provisions arising under the Act or the
regulations;
(ix) prosecute, conduct or defend before
any court any complaint or other proceedings, arising under the Act or the
regulations;
(x) direct the port authority, dock labour
board and other employers of dock workers for getting the dock workers
medically examined if considered necessary.
(b)
A person having general management and control of the premises or the owner,
master, officer-in-charge or agents of the ship, as the case may be, shall
provide such means as may be required by the Inspector for entry, inspection,
examination, inquiry, otherwise for the exercise of his powers under Act and
the regulations in relation to that ship or premises which shall also include
the provision of launch or other means of transport.
4. Notice of Inspection.-(1) An inspector may notify any
defects or deficiencies which may come to his notice during his
inspection and examination which he wishes to point out together with any
orders passed by him under the Act or the regulations in Form IX to-
(i) the owner, master, officer in charge
or agents of the ship; or
(ii) the port authority; or
(iii) the owner of lifting appliances, loose
gears, lifting devices and transport equipment; or
(iv) the employer of dock workers.
(2) When an Inspector serves notice,
under sub-regulation (1) above, in relation to any dock, lifting appliance,
loose gear, lifting device, transport equipment, ladder or staging, he may, in
the notice prohibit the dock work where conditions are dangerous to life,
safety or health of dock workers and the use of the same in connection with the
dock work and such dock, lifting appliances, loose gears, lifting devices
transport equipment, ladders or stagings shall not be used until the defect or
defects specified in the notice have been remedied and the Inspector has
withdrawn the prohibitory order.
5.
Appeal.-Any person aggrieved by an order of the Chief Inspector
passed under Sec. 5 of the Act may, within 15 days from the date on
which the order is communicated to him prefer an appeal to the Secretary in
Government of Indi Ministry
of L bour New Delhi nd the provisions of Sec 8
of the Act sh ll pply ccordingly
Page 9
6.
Penalties.-Only save as is otherwise expressly provided
in these regulations, whoever being a person responsible to comply with
any of the regulations commits a breach of such regulations shall be guilty of
an offence and punishable with imprisonment; for a term which may extend to six
months, or with fine which may extend to five thousand rupees, or with both,
and, if the breach is continued after conviction, with a further fine which may
extend to one hundred rupees for each day on which the breach is so continued.
_____________________________________________________________
1. Publish in Gazette of India,
Extraordinary, Pt. II, Sec. 3 (i), No. 61, dated 16th February, 1990
7. Responsibilities.
-(1)
It shall be the duty of the Port Authority to comply with regulations 9 to 12,
15 to 23, 61 (1 & 8), 80 (2 and 3) 81, 85 (12), 89, 91 (2 to 6), 92
(2), 93 (1, 3 & 4), and 94 to 115.
(2) It
shall be the duty of the owner, or master, or officer-in-charge and the agents
of a ship to comply with regulations 12, 16 (1) to (3), 17 (1) (a), 24 to 37,
76, 80 (1), 99 (1) and 101 (1 & 3).
(3) (a)
It shall be the duty of the owner of the lifting appliance, loose gear, and
transport equipment or any other equipment used in dock work on shore or on
board the ship to comply with the regulations 17 (4), 27, 40 to 49, 51, 52 (1
to 4), 54, 57 (1 to 4, 6 & 7), 59 (1 to 3), 60, 62, 63, 64, 84 (1), 85 (5),
87 and 88.
(b)
In case lifting appliance, loose gear, or any other equipment used in dock work
on board a ship not registered in India, It shall be the duty of the master or
Chief Officer of such ship and agent of such ship to comply with the
regulations 27, 40 to 49, 51, 52 (1 to 4), 54, 87 and 88.
(4) (a)
It shall be the duty of every employer and of all agents, employees and dock
workers employed by him to comply with regulations 11 (1 & 2), 17 (5), 77
(5), 85 (8) and 86 (8).
(b)
It shall be the duty of every employer to comply with regulations 13, 14, 16
(4), 17 (4 & 5) 18, 20 (2), 24 (7 & 8), 25, 28, 29 (2), 31, 32 (3, 6, 8
& 9), 33 to 39, 45 (1), (2) & (3), 52 (5), 53 to 56, 57 (4) (e), (5).
(6) & (8), 58, 59 (4), 61
(9)
and (10), 62 (13), (17), 64 to 75, 77 to 82, 84 (2), 85 except 85 (12), 86, 87
(2), 88 (4 to 8), 89 to 93, 95, 98, 107, 109 (2), 110, 114 (4), 116 and 117.
Provided
that where the dock work is carried on by a stevedore or other person other
than the owner of a ship it shall be the duty of the owner, master or
officer-in-charge of the ship, to comply with regulation 33 (1) so far as it
concerns:
(i) Any hatch not taken
over by the said stevedore or other person for the purpose of the dock work;
and
(ii) any
hatch which, after having been taken over by the said stevedore or other person
for the purpose of the dock work-
Dock Workers (Safety,
Health & Welfare) Regulatons, 1990 [R.8
(a) has
been reported by written notice in Form I to the owner, master or officer-in-charge
of ship, or by on behalf of the said person, as being hatch at which the dock
work has been completed for the time being,
(b) either
has been left by the persons fenced or covered as required by regulation 33 (1)
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 written acknowledgment of such written notice as aforesaid.
(5)
It shall be the duty of every dock worker to comply with the requirement of
such of these regulations as relate to the performance, of or refraining from,
an act by him and to co-operate in carrying out requirements of these
regulations and if he discovers any defects in the lifting appliance, loose
gear, lifting device, conveying any transport
Page 10
equipment
or other equipment to report such defects without un-reasonable delay to his
employer or foreman or other person in authority.
(6) No
person shall unless duly authorised or in case of necessity, remove or
interfere with any fencing, gangway, gear, ladder, hatch covering, life saving
appliance, lighting, or other thing whatsoever required by the Act and these
regulations to be provided. If removed such things shall be restored at the end
of the period during which their removal was necessary, by the persons last
engaged in that work necessitated such removal.
(7) (a)
No employer shall allow lifting appliance, loose gear, lifting device, or
conveying and transport equipment to be used by dock workers which does not
comply with regulations 17 (4), 27, 40 to 49, 51, 52 (1 to 4), 54, 57 (1 to 4
& 6 to 7), 59 (1 to 3), 60, 62, 87 and 88.
(b) If the person whose duty, it is to comply with
regulations mentioned in sub-regulation (2) above fail to do so, then it shall
also be the duty of the employer of the dock workers to comply with such
regulations within the shortest time reasonably practicable after such failure.
(8) It
shall be the duty of the person for the time being in charge of any ship to
produce for inspection and examination certificates required under regulation
51.
(9) Every
dock worker shall use the means of access provided in accordance with these
regulations and no person shall authorise or order another to use means of
access other than those provided in accordance therewith.
(10) No
person shall go upon any hatch beam for the purpose of adjusting the gear for
lifting them on or off nor shall any person authorise or order another to do
so.
(11) It
shall be the duty of the Dock Labour Board and every other employer of dock
workers to comply with regulations 74, 89, 91(3), 92, 93 (1, 3 & 4), 103,
107, 108 to 111.
(12) It shall be the duty
of the competent person to comply with the regulations 41, 47, 48 and 50.
8.
Exemption.-The Chief Inspector may, subject to such conditions, if
any, as may be specified therein by order in writing (which may in its
discretion be revoked at any time), exempt from all or any of the requirements
of these regulations,-
R.10] Dock Workers
(Safety, Health & Welfare) Regulatons, 1990
(a) any
dock or part of a dock, if he is satisfied that dock work is only occasionally
carried on or traffic is small and confined to small ships and fishing vessels
at such dock;
(b) any
appliance, gear, equipment, or device or any class or description of appliances,
gear, equipment or device, if he is satisfied that the requirement in respect
of which the exemption is granted are not necessary or equally effective
measures are taken:
Provided
that he shall not grant exemption under this regulation unless he is satisfied
that such exemption will not adversely affect the health, safety and welfare of
dock workers.
_____________________________________________________________
PART III
Safety
A.-Working Places
9. Surfaces. -
(1)
Every regular approach over a dock which the working place and every such
working place inside the dock which workers have to use for going to or from a
dock shall be,-
Page 11
(b) maintained in good
repair with due regard to the safety of the dock workers.
(2) All
areas of a dock shall be kept properly drained and graded In order to
facilitate safe access to sheds, warehouses and store places and safe handling
of cargo and equipment.
(3) Drain pools and catch
basins shall be properly covered or enclosed.
(4) All
areas of a dock and all approaches on which lifting appliances and transport
equipment are used shall be soundly constructed, surfaced with good wearing
material and sufficiently even and free from holes and cracks to afford safe
transport of cargo and shall be properly maintained.
(5) Any
working area in a dock which is damaged or under repair shall be effectively
blocked off from other areas and when necessary,, warning lights shall be
provided at night.
(6) All
landing places used by dock workers for embarking or disembarking from crafts
meant for transport by water, shall be maintained in good repair with due
regard to the safety of the persons using them.
10. Fencing of
dangerous places. -
(1) The following parts of a dock and
approaches as far as 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
one meter and the fencing shall be maintained in good condition:
(a) all breaks, dangerous
comers, and other dangerous parts or edges of a dock;
(b) both
sides of such foot ways, over bridges, caissons, and dock gates as are in
general use by dock workers and each side of the entrance at each end of such
foot way for sufficient distance not exceeding, 4.5 meters:
Provided
that in case of fences which were constructed before the date of commencement
of this regulation, it shall be sufficient if the height of the fence is in no
place less than 75 cm.
(2) The
ditches, pits, trenches for pipes and cables and other hazardous openings and
excavations shall be securely covered or adequately fenced.
(3) Where wharves or quays
slope steeply towards the water, the outer edge shall be protected as far as
practicable.
11. Passages to be
kept clear.-
(1) Cargo
shall not be so stored or transport equipment or lifting appliances so placed
on any areas of a dock where dock workers are employed so as to obstruct access
to ships, cranes, life saving appliances, fire fighting equipment and welfare
facilities provi ded under these regulations.
(2) Where
any place is left along the edge of any wharf or quay, it shall be at least 90
cms, wide and shall be kept clear of all obstructions other than fixed
structures, plant and appliances in use.
(3) Where
working areas of a dock are enclosed and the traffic warrants, a separate gate
or passage shall be provided for pedestrians.
12. Railings and
fencings. -
(1)
All railings for the fencing of hatchways, accommodation ladders, grangways,
stainway for embarking, disembarking, and any other dangerous place shall be of
sound material, good construction and possess adequate strength and unless
specified in these regulations;
Page 12
(b) consist of two rails
or two taut ropes or chains supporting stanchions and toe boards.
(2) Intermediate
rails, ropes or chain shall be 50 centimetre high.
(3) Stanchions shall
not be more than two metre apart and shall be secured against inadvertent
lifting out.
(4) The toe board
shall be at least 15 centimetre high.
(5) Railings shall be
free from sharp edges.
(6) Temporary fencing of hatchways elevated platforms,
etc. shall be as far as reasonably practical, extend to a height of one metre
and consist of either:
(a) two taut ropes or
chains with stanchions; or
(b) a properly rigged and
securely fastened safety net.
(7)
Stairs giving access to transport vessel shall be equipped with wooden or
rubber fenders so that the gap of more than 30 centimetre is maintained between
the side of the steps and side of the vessel.
13. Staging
construction and maintenance.-
(1) Sufficient
supply of sound and substantial material shall be available at convenient place
or places for the construction of staging.
(2) All staging shall be:
(a) securely
constructed of sound and substantial material and shall be maintained in such
condition so as to ensure the safety of all dock workers; and
(b) inspected at regular
and frequent intervals by a responsible person.
(3) All planks and ropes
intended to be used for a staging shall be:
(a) carefully examined
before being taken into use; and
(b) re-examined by a
responsible person before they are used again after the stages have been
dismantled.
(4) All planks forming
stages shall be securely fastened to prevent slipping.
(5) All
stages shall be of sufficient width to secure the safety of the dock workers
working therein. In particular, on stage at a height of two metres or more
above
R. 17] Dock Worker
(Safety,Health & Welfare) RegulatIons, 1990
the ground level deck
bottom, deck or tank top, shall be less than 30 centimetre wide.
(6) Planks supported as
the rungs of ladders shall not be used to support stages.
(7) (a) Stage suspended by
ropes or chains shall be secured as far as possible so as to prevent their
swinging; and
(b)
no rope or chain shall be used in suspending stages unless it Is of suitable
quality, adequate strength and free from patent defects. Fibre rope shall not
pass over sharp edges.
Page 13
(8)
Safe means of access shall be provided for the use of dock workers to and from
stages and ropes used for suspending stages shall not be used as means of
access.
14. Work on staging.-
(1) More than two men
shall not be allowed to work at any one time on a staging plank.
(2) When
dock workers are employed on staging more than 2.5 metres high, they shall be
protected by safety belts equipped with lifelines which shall be secured with a
minimum of flask to a fixed structure.
(3) Prior
to each use, belts and lifelines shall be inspected for dry rot, chemical
damage or other defects which may affect their strength. Defective belts shall
not be used.
(4) Work
on a staging shall not be carried on when loaded slings have to pass over the
stagings and there is danger from falling objects.
15. Lifesaving
appliances. -
Provision for the
rescue from drowning of dock workers shall be made and maintained, and shall
include;
(a) a
supply of life-saving appliances, kept in readiness on the wharf or quay, which
shall be reasonably adequate having regard to all the circumstances; and
(b) means
at or near the surface of the water at reasonable intervals for enabling a
person in water to support himself or escape from the water which shall be
reasonably adequate having regard to all the circumstances.
16. Illumination.-
(1) All
areas in a dock and on a ship where the dock work is carried on and all
approaches to such areas and to places to which dock workers may be required to
go in the course of their employment, shall be safely and efficiently lighted
in an appropriate way.
(2) The
general illumination, in areas on the dock where dock workers have to pass,
shall be at least 10 lux and at places where dock workers are employed the
illumination shall be at least 25 lux without prejudice to the provision of any
additional illumination needed at particularly dangerous places.
(3) The
means of artificial lighting shall, so far as is practicable, be such and so
placed as to prevent glare or formation of shadows to such an extent as to
cause risk of accident to any dock worker.
(4) The portable lights
shall be maintained in good condition and shall:
(a) be equipped with
substantial reflectors and guards; and
(b) be equipped with heavy
duty electric cords with connection and insulation maintained in safe
condition.
17. Fire protection.-
(1) Place where dock
workers are employed shall, be provided with-
(a) sufficient
and suitable fire-extinguishing equipment; and Dock Workers (Safety, Health
& Welfare) regulation., 1990 [R. 18
(b) an adequate water
supply at ample pressure as per national standards.
(2) Persons trained to
use the fire-extinguishing equipment shall be readily available during all
working hours.
Page 14
(3) Fire-extinguishing
equipment shall be properly maintained and Inspected at regular intervals and a
record maintained to that effect.
(4) A
portable fire-extinguishing equipment of suitable type shall be provided in
every launch or boat or other craft used for transport of dock workers and also
in the crane cabins including mobile cranes.
(5) Smoking
shall not be allowed in the hold of a ship, on wharf, in warehouses and transit
sheds and "No Smoking" or other cautionary notices shall be displayed
at such places.
18. Excessive noise,
etc.-
Adequate
precautions shall be taken to protect dock workers against the harmful effects
of excessive noise, vibrations and air pollution at the work place. In no case
the noise levels shall exceed the limits laid down in Schedule VII.
19. Construction.-
(1) All
floors, walls, steps, stairs, passages; chutes and gangways of warehouses and
storeplaces shall be of sound construction and properly maintained.
(2) The
slope of ramps shall be such that the stability of transport equipment or
vehicles using them is not endangered.
20. Floor loading.-
(1) The
maximum load per square metre to be carried by any floor of a warehouse or
store place and maximum load of any lifting appliance and transport equipment
used on such floor shall be displayed at conspicuous places.
(2) The maximum loads
referred to in sub-regulation (1) shall not be exceeded.
21. Stairs. -
(1) For
every staircase in a warehouse or store place, a substantial handrail of a
height of at least one metre shall be provided and maintained, which if the
staircase has an open side shall be on that side, and in the case of a
staircase having two open sides, such a handrail shall be provided and
maintained on both sides.
(2) Any
open side of staircase shall also be guarded by the provision and maintenance
of lower rail or other effective means.
22. Openings. -
AII openings in floors
and walls shall in so far as they prevent danger, be effectively protected.
23. Means of escape In
case of fire.-
(1) All
warehouses and store places shall be provided with sufficient means of escape
in case of fire for the dock workers employed therein and all the means of
escape, other than the means exit in ordinary use, shall be distinctively
marked in a language understood by the majority of the dock workers.
(2) A
free passageway giving access of each means of escape in case of fire shall be
maintained for the use of all dock workers.
(3) In
every dock there shall be provided effective and clearly audible means of
giving warning in case of fire to every dock worker employed therein.
C Means of Access
Page 15
24. Access between
shore and ship.-
(1) When
a ship is lying at a wharf or quay for the purpose of dock work, adequate and
safe means of access to the ship, properly installed and secured, shall be
provided.
(2) Safe means, required
by sub-regulation (1) shall be as follows:
Where practicable, the
ship, accommodation ladder or a gangway or a similar construction, shall be-
(i) not less than 55 cms,
wide at the steps and of adequate depth with steps having permanent non-skid
surface;
(ii) properly
secured and securely fenced throughout its length on each side to a clear
height of one metre by means of upper and lower rails, taut ropes or chains or
by other equally safe means except that in the case of ship's accommodation
ladder such fencing shall be necessary one side only provided that the other
side is properly protected by the ship's side;
(iii) constructed of
suitable material and maintained in good condition and suitable for the
purpose;
(iv) maintained in a
condition as to prevent slipping;
(v) fitted with a platform
at either end of the ladder and the lower platform or the treads resting on the
dock;
(vi) an angle maintained
not exceeding 40 degrees to the horizontal irrespective of resting on the dock.
(3) When
a fixed tread ladder is used and the angle is low enough to require dock
workers to walk on the edge of the treads, cleated duck boards shall be laid
over and secured to the ladder.
(4) Whenever
there is danger of dock workers falling between the ship and the shore, a
safety knot or other suitable protection shall be rigged below the
accommodation ladder in such a manner as to prevent dock workers from falling.
(5) If it
is not possible to rest the accommodation ladder or gangway and the foot of the
same is more than 30 cms. away from the edge of the wharf or quay, the space
between them shall be bridged by a firm walkway equipped with railing on both
the sides with a minimum height of one metre with the mid-rails.
(6) Access to the ship
shall not be within the swinging radius of the load.
(7) When
the upper end of the means of access rests on or is in flush with the top of
the bulwark substantial steps properly secured and equipped with at least one
substantial handrail one metre in height shall be provided between the top of
the bulwark and the deck and the steps provided shall be, as far as
practicable, in line with the gangway.
(8) The use of swinging
derricks or rope ladders for the access shall be prohibited.
25. Access between
ship and another vessel.-
(l) When a ship is alongside another ship, and dock
workers have to pass from one to the other, adequate and 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 and without the aid
of any special appliance.
(2) If
the other ship is sailing barge, flat, keel, lighter or other similar vessel of
relatively low free board, the means of access shall be provided by the ship
which has the higher tree board.
(3) Rope ladders used as a
means of access between ship and another vessel shall,-
a) be
of good construction, made up of suitable and sound material with adequate
strength and properly maintained for the purpose for which it is used;
(b) be
adequately secured at Its upper and in such a manner that It Is firmly and
safely held in order to prevent any possible ship-down of its spare rolled up
portion when the ladder is used;
(c) have
treads which are flat and of a width and depth of not less than 30 centimetres
and 15 centimetres respectively and so constructed as to prevent slipping;
(d) have suitable
provisions as far as practicable, for preventing the ladder from twisting; and
(e) have bottom tread
within the safe distance of the lower landing place.
Page 16
26. Access between
deck and hold.-
(1) If
the depth from the level of the deck to the bottom of the hold exceed 1.5
metres there shall be maintained safe means of access from the deck to the hold
In which work Is being carried on.
(2) Where
practicable, access to the hold shall be by separate man-hatches 60 centimetre
by 60 centimetre clear in size, with a sloping ladder and hand rail through
each deck to the lower hold and hinged cover for a man-hatch shall, while in
the open position, be effectively secured.
(3) When
the length of the hatchway exceeds 7 metres, a fixed hold ladder shall be
fitted both on or near the fore and aft side of the hatchway.
(4) Fixed hold ladders
shall be maintained in good repair and shall comply with the following provisions:
a)
the ladders shall be at least 30 centimetres between their up-rights and leave
free foot-room of at least 12 centimetres behind the ladder:
(b) the
rungs shall be so fastened that they cannot tilt, and the intervals between
rungs shall not exceed 30 centimetres;
(c) the rungs shall afford
an adequate hand-hold;
(d) the ladders shall be
sufficiently long; and
(e) a suitable landing
platform shall be provided for every six metres length or fraction thereof.
(5) Fixed
hold ladders connecting decks shall lie in the same straight line, unless
measures are taken at each tween deck for safe ascent and descent from the
ladders.
(6) (a)
If the fixed holds ladders cannot extend upwards on to the coamings, strong
cleats shall be fitted to the coamings in the same line as the ladders at
intervals not exceeding 30 centimetres having a clear internal width of at
least 30 centimetres while affording free footroom of at least 12 centimeters
and so constructed as to prevent the foot from slipping sideways:
(b)
Coamings which are higher than 90 centimeters above the deck shall also be
provided with the necessary cleats referred to in this sub-regulation on the
outside.
(7) Shaft tunnels shall be
provided with adequate hand-hold and boot-hold on each side.
(8) The
approaches to hold ladders and stairs shall be at least 4-0 centimeters wide
and shall not be obstructed, and if on one or both sides there are dangerous
moving parts it shall be at least 50 centimeters wide.
(9) Cargo
shall be stacked sufficiently far from the ladder to leave at each rung of the
ladder foot-hold of a depth including any space behind the ladder of not less
than 12 cms. for a width of 25 centimeters.
27. Fencing of and
means of access to lifting appliances. -
(1) Safe means of access
to every part of a lifting appliance shall be provided.
(2) The
operator's platform on every crane or tip driven by mechanical power shall be
securely fenced and shall be provided with safe means of access. In particular,
where access is by a ladder,-
a)
the sides of the ladder shall extend to a reasonable distance beyond the
platform or some other suitable handhold shall be provided;
(b) the landing place on
the platform shall be maintained free from obstruction and slipping; and
(c) in
case where the ladder is vertical and exceeds six metres in height, a resting
place shall be provided, after every six metres and part thereof.
28. Ladders. -
Page 17
(1) All
metal, wooden, rope or other ladders, that are used by dock workers shall be of
sound material, good construction and adequate strength for the purpose for
which they are intended and shall be properly maintained and kept free from oil
or other slippery material.
(2) Wooden ladders, shall
not be painted, but covered with clear varnish or other transparent
preservative.
(3) No ladder shall be
used which has-
a) a missing or
defective rung; or
(b) any rung which
depends for its support on nails, spikes or other similar fixings.
(4)
Every ladder shall be inspected at suitable intervals by a responsible person,
and if any defects are found in any ladder, the ladder shall be immediately
taken out of service.
29. Bulwarks or rails.
-
(l) All upper decks to which dock workers may have access
for the purpose of carrying on dock work shall be provided on the outer edge
upto a height of one metre above the deck with a bulwark or guard rails so
designed, constructed and placed, as to prevent any dock worker from
accidentally falling overboard.
(2)
The bulwark or guard rails shall be continuous except where sections have to be
removed for the purpose of dock work and such sections shall not extend beyond
the minimum distance necessary.
30. Deck ladders. -
Ladders
leading from upper deck or bridge deck or which deck to main deck shall be so
situated as to reduce, as far as practicable, the risk of dock workers,-
a) being struck by
cargo during loading or unloading; and
(b) falling direct
into an open hold if they fall from the ladder.
31. Skeleton decks. -
(1) When
dock work is proceeding at any skeleton deck, adequate staging with suitable
railings shall be provided to ensure a safe working surface unless the space
beneath the deck is filled with cargo to within a distance of 60 centimetres of
such deck.
(2) When
skeleton decks are not accessible from hold ladders, safe means of access such
as portable ladders shall be provided.
32. Working spaces. -
( 1) Dock cargoes
shall be stowed, or effective measures taken, so that,-
a) safe access is
provided to the winches, hold ladders and to the signaller's stand; and
(b) winches and cranes
used during loading or unloading can be safely operated.
(2) Safe access to the
deck cargo, hold ladders and winches shall be ensured by securely installed
steps or ladders.
(3) When
a signaller has to move from the square of the hatch to the ship's side, a
space at least 90 centimetres wide shall be kept clear.
(4) If
the surface of the deck cargo is uneven, suitable measures shall be provided
for the safe movement of dock workers.
(5) When deck cargo is
stoved against ship's bulwark or hatch coamings and at such a height that there
is a danger
Page 18
to
the dock worker from falling overboard or into the open hold, suitable fencing
shall be provided to prevent such fall.
(6) When
there is a cargo on dock, it shall be ensured that the visibility between the
signaller and crane or winch operator is not obstructed by making suitable
arrangements.
(7) All
places, such as decks, stages, etc. shall be properly cleaned and kept free from
objects which can cause slipping, stumbling and falling.
(8) When
the coaming is so high that signaller cannot see properly in the hold, a
suitable step or platform shall be provided in such a manner that the distance
between the top of the platform and the upper edge of the coaming Is not less
than one metre.
(9) A
clear an unobstructed space at least 90 centimetres wide and where this is not
practicable as wide as is reasonably practicable shall be provided around every
hatch.
(10) Any
part of the ship used in connection with the dock work shall be free from
patent defect and maintained in good working order.
33. Fencing around
hatchways. -
(1) Every
hatchway of a hold exceeding 1.5 metres in depth, which is not protected by
coaming to a clear height of 75 centimetres shall, when not in use either be
effectively fenced to a height of one metre or be securely covered to prevent
dock workers from falling into the hold.
(2) If in
any hatch dock work is carried on simultaneously at two decks, the open end of
the hatch in the higher deck shall be protected to a height of one metre by
means of planks or nets or in some other suitable manner to prevent fall of
dock workers or cargo and the safety nets when rigged shall not be secured to
the hatch covers.
(3) When
an edge of a hatch section or of stowed cargo more than 2.5 metre high is so
exposed that it presents a danger to dock workers falling the edge shall be
guarded by a taut rope, safety net or railing to a height of one metre.
(4) Dock
workers employed in a hold on a partly covered hatch or on a stack shall be
protected by spreading a net or in some other suitable way, against the danger
of falling down.
34. Hatch coverings,
hatch beams, etc.-
(1) All
fore and aft beams and thwartship beams used for hatch coverings shall have
suitable gear for lifting them on and off without it being necessary for any
dock worker to go upon them to adjust such gear.
(2) All
hatch coverings and beams shall be kept plainly marked to indicate the deck and
hatch to which they belong and their position therein.
(3) All hatch coverings
and beams shall be replaced according to their markings:
Provided
that this regulation shall not apply in cases where all the hatch coverings and
beams of a ship are interchangeable or, in respect of marking of position,
where all hatch coverings of a hatch are interchangeable.
(4) All
fore and aft beams and thwartship beams including sliding beams and the tracks
used for hatch coverings and all hatch coverings shall be maintained in good
condition.
(5) Adequate
handgrips shall be provided on all hatch coverings, having regard to their size
and weight, unless construction of the hatch or the hatch covering is of a
character rendering the provision of handgrips unnecessary.
(6) Hatch
coverings shall not be used in the construction of stages or for any other
purpose which may expose them to damage.
(7) Hatch covers and beams
shall not be removed and replaced while dock work is in progress in the hold
under the
Page 19
hatchway.
Before loading or unloading take place, any hatch cover or beam that is not
adequately secured against displacement shall be removed.
(8) Only an authorised
person shall be permitted to open or close power operated hatch covers.
(9) Folding hatch covers
shall be fitted with locking devices to prevent covers from folding back.
(10) Hatch covers shall not
be opened or closed in such manner as is likely to cause injury to any dock
worker.
35. Opening and
closing of hatches. -
(1) Hatchways shall be
opened sufficiently to allow loads to be safely hoisted or lowered.
(2) No
hatch cover or hatch beam shall be removed from or replaced on any hatch unless
there is around the hatch coaming an unobstructed working space at least 60
centimetre wide or where this is not reasonably practicable, as wide as is
reasonably practicable.
(3) Before
covering hatch with tarpaulin it shall be ensured that there is no opening left
uncovered by hatch covers and that all the hatch covers are resting securely.
36. handling of hatch
coverings and beams. -
(1) All
hatch cover exceeding 55 kilogram in weight and all beams of any hatch shall be
removed or replaced only with a which or other suitable mechanical means.
(2) When
being replaced, hatch covers and beams shall be placed on the hatches in the
position indicated by the markings thereon and shall be adequately secured.
(3) Hatch
covers and beams shall not be removed or replaced while dock worker is below
the level of the hatch in a position in which he is liable to be struck by a
falling hatch covering or hatch beam.
(4) Hatch
covers, tarpaulins, fore-and-aft beams and thwartship beams which have been
removed shall be so laid down, stacked or secured that they cannot fall into
the hold or otherwise cause danger.
(5) Hatch
covers and beams shall be so placed as to leave a safe walkway from bulwark to
hatch coaming or fore-and-aft.
(6) Hatch
covers shall be either arranged in neat piles not higher than the coaming and
away from it or spread one high between coaming and rail with no space between
them. The height of the stack shall be regulated so that, if accidentally
struck by a sling, they will not endanger a dock worker below or overside.
37. Securing of hatch
covering and hatch beams. -
(1) Where
any hatch beam is fitted with a permanent device for securing it in position in
the hatch, that device and its corresponding fitting in the coaming shall be
effectively and properly maintained.
(2) The
beams of any hatch in use for the dock work shall, if not removed be adequately
secured to prevent their displacement.
(3) Any
sliding or rolling hatch beams supporting hatch coverings which are left In
position in a partly opened hatch shall be adequately secured to prevent any
horizontal movement of the hatch beams.
(4) Every
sliding or rolling hatch beams and its guides shall be so constructed and
maintained that the hatch beam is not liable to be accidentally displaced from
Its guides.
(5) Mechanically operated
hatch coverings shall, when stowed be adequately secured to prevent movement,
Page 20
38. Escape from holds.
-
Precautions shall be taken to facilitate the escape of
dock workers when handling coal or other bulk cargo in a hold or in tween decks
or bin or hooper.
39. Dangerous and
harmful environment.-
(1) When
internal combustion engines exhaust into a hold or intermediate deck or any
other working place where neither natural ventilation nor the ship's
ventilation system is adequate to keep the carbon monoxide content of the
atmosphere, below 50 parts per million adequate and suitable measures shall be
taken at such places in order to avoid exposure of dock workers to health
hazards.
(2) No
dock worker shall be allowed to enter any hold or tank of a vessel wherein
there is given off any dust, fumes or other impurities of such a nature and to
such an extent as is likely to be injurious or offensive to the dock workers or
in which explosives, poisonous, noxious or gaseus cargoes have been carried or
stored or in which dry ice has been used as a refrigerant or which has been
fumigated, or in which there is possibility of oxygen deficiency, unless all
practical steps have been taken to remove the dust, fumes or other impurities
and dangers which may be present and to prevent any further ingress thereof,
and such holds or tanks are certified to be safe and fit for dock workers to
enter the same by the competent authority.
(3) When
dock workers are exposed to any dust in substantial quantities as in handling
bulk grains fertilizers, cements and other similar cargoes, they shall be
protected by suitable respiratory protective equipment.
40. Construction and
maintenance of lifting appliances
(1) General.
All
lifting appliance, including all parts and working gear thereof, whether fixed
or moveable, and any plant or gear used in anchoring of fixing such appliance,
shall be:
(a) of
good construction, sound material, adequate strength for the purpose for which
it is used and free from patent defect; and
(b) maintained in good
repair and working order.
(2) Drums.
(a) Every
drum or pulley round which the rope of any lifting appliances is carried, shall
be of adequate diameter and construction In relation to the rope used.
(b) Any
rope which terminates at the winding drum of a lifting appliances shall be
securely attached to the drum and at least three dead turns of the rope shall
remain on the drum in every operating position of the lifting appliance.
(c) The
flange of the drum should project twice the rope diameter beyond the last layer
and if this height is not available, other measures such as anti-slackness
guards shall be provided to prevent the rope from coming off the drum.
(3) Brakes.
Every lifting
appliances shall be provided with an efficient brake or brakes which shall-
(a) be
capable of preventing fall of a suspended lead (Including any test load applied
in accordance with these regulations) and of effectively controlling a load
while it is being lowered;
(b) act without shock;
Page 21
(d) be provided with
simple and easily accessible means of adjustment:
Provided
that this regulation shall not apply to steam winch which, can be so operated
that the winch is as safe as it would be if a brake or brakes were provided in
accordance with this regulation.
(4) Controls.
Controls of lifting
appliance shall,-
(a) be so
situated that the driver at his stand or seat has ample room for operating and
has an unrestricted view of dock work, as far as practicable, and remains clear
of the load and ropes, and that no load passes over him;
(b) be positioned with due
regard to ergonometric considerations for easy operation;
(c) be so located that the
driver does not have to remain in the bright of the heel block;
(d) have upon them or
adjacent to them clear markings to Indicate their purpose and mode of
operation;
(e) be provided, where
necessary, with a suitable locking device to prevent accidental movement or
displacement;
(f) as far as practicable,
move in the direction of the resultant load movement; and
(g) automatically come to
a neutral position in case of power failure wherever automatic brakes are
provided.
41. Test and
periodical examination of lifting appliances. -
(1) Before
being taken into use for the first time or after It has undergone any
alternations or repairs liable to affect its strength or stability and also
once at least in every five years, all lifting appliances including all parts
and gears thereof, whether fixed or moveable, shall be tested and examined by a
competent person in the manner set out In Schedule I.
(2) All
lifting appliances shall be thoroughly examined by a competent person once at
least In every 12 months. Where the competent person making this examination
forms the opinion that the lifting appliance cannot continue to function
safely, he shall forthwith give notice in writing of his opinion to the owner
of the lifting appliance or in case of lifting appliance carried on board a
ship not registered in India, to the Master or officer-in-charge of the ship.
(3) Thorough
examination for the purpose of this regulation shall mean a visual examination,
supplemented if necessary by other means such as 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 this purpose,
parts of the lifting appliance and gear, shall be dismantled.
42. Automatic safe
load indicators. -
(1) Every
crane, if so constructed that the safe working load may be varied by raising or
lowering of the jib or otherwise, shall have attached to it an automatic
indicator of safe working loads which shall also give a warning to the operator
wherever the safe working load is exceeded.
(2) Cut-out
shall be provided which automatically arrests the movement of the lifting parts
of the crane in the event of the load exceeding the safe working load wherever
possible.
(3)The
provisions of sub-regulation (1) shall not apply where it is not possible to
instal an automatic safe load indicator, in which case, 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.
Page 22
(l)
Every ship shall carry the current and relevant rigging plans and any other
relevant information necessary for the safe rigging of its derricks and
necessary gear.
(2) All such rigging plans
shall be certified by a competent person.
44. Securing of
derrick foot.-
Appropriate measures
shall be taken to prevent the foot of a derrick being lifted out of its socket
or supports.
45. Winches. -
(1) General
(a) Winches shall not be
used if control levers to operate with excessive friction or excessive play.
(b) Double gear winches
shall not be used unless a positive means of locking the gear shift is
provided.
(c) When
changing gears on a two gear winch, there shall be no load other than the fall
and the cargo hock assembly on the winch.
(d) Adequate protection
shall be provided to winch operator against the weather, where necessary.
(e) Temporary
seats and shelters for winch operators which create a hazard to the winch
operator or other dock workers shall not be allowed to be used.
(f) When
winchs are left unattended, control levers shall be secured in the neutral
position and whenever possible, the power shall be shut off.
(2) Steam winches
In every steam winch
used in dock work,-
(a) measures
shall be taken to prevent escaping steam, from obscuring any part of the decks
or other work places or from otherwise hindering or injuring any dock worker;
(b) extension control
levers which tend to fall of their own weight shall be counter-balanced;
(c) except
for short handles on wheel type controls, winch operations shall not be
permitted to use the winch control extension levers unless they are provided by
either the ship or the employer and such levers shall be of adequate strength
and secure and fastened with metal connections at the fulcrum and at the
permanent control lever.
(3) Electric winches
(a) In case of any defect,
dock workers shall not be permitted to transfer with or adjust electric control
circuits.
(b) Electric wireless
shall be used for dock work in case where,-
(i) the electro-magnetic
brake is unable to hold the load; and
(ii) one or more control
points, either hoisting or lowering is not operating properly.
46. construction and
maintenance of loose gears. -
(1) Every loose gear
shall be
Page 23
(a) of
good design and construction, sound material and adequate strength for the
purpose for which it is used and free from patent defects and,
(b) properly maintained in
good repair and working order.
(2) Components
of the loose gear shall be renewed if one of the dimensions at any point has
decreased by 10 per cent. or more by user.
(3) (a)
Chains shall be withdrawn from use when stretched and increased in length
exceeds five per cent, or when a link of the chain deformed or otherwise
damaged or raised scarfs of defective welds appeared.
(b) Rings hooks,
swivels and end links attached to chains shall be of the same material as that
of the chains.
(4) The voltage of
electric supply to any magnetic lifting device shall not fluctuate by more than
+ 10 per cent.
47. Test and
periodical examination of loose gears. -
(1) All
loose gears shall be initially tested for the manufacturer by a competent
person, in a manner set-out in Schedule-I before taking into use or after
undergoing any substantial alternations or renders to any part liable to affect
its safety and shall subsequently be retested for the owner of the gear, at
least in every five years.
(2) All
loose gears shall be thoroughly examined once at least in every twelve months
by a competent person. In addition chains shall be thoroughly examined once at
least every month by a responsible person.
48. Ropes. -
(1) No rope shall be
used for dock work unless:-
(a) it is of suitable
quality and free from patent defect, and
(b) in
the case of wire rope, it has been tested and examined by a competent person in
the manner set out in Schedule I.
(2) Every
wire rope of lifting appliance or loose gear used in dock work shall be
inspected by a responsible person once at least in every three months, provided
that after any wire has broken in such rope, it shall be inspected once at
least in every month.
(3) No
wire rope shall be used in dock work if in any length of eight diameters the
total number of visible broken wires exceed 10 per cent. of the total number of
wires or the rope shows sign of excessive wear, corrosion or other defects
which in the opinion of the person who inspects it or Inspector, renders it as
unfit for use.
(4) Eye
splices and loops for the attachment of hooks, rings and other such parts to
wire ropes shall be made with suitable thimble.
(5) A thimble or loop
splice made in any wire rope shall conform to the following standard,-
(a) wire
rope or rope sling shall have at least three tucks with full strand of rope and
two tucks with one-half of the wires cut out of each strand and strands in all
cases shall be tucked against the lay of the rope;
(b) protruding
ends of strands in any salice on wire rope and rope slings shall be covered or
treated so as to leave no sharp points;
(c) fibre rope or rope
sling shall have at least four tucks tail of such tuck being whipped in a
suitable manner; and
(d) synthetic fibre rope
or rope sling shall have at least four tucks with full strand followed by
further tuck with one-half
Page 24
filaments
cut-out of each strand and final tuck with one-half of the remaining filaments,
cut-out from trends. The portion of the splices containing the tucks with the
reduced number of filaments shall be securely covered with suitable tape or
other materials: Provided that this sub-regulation 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 regulation.
49. Heat treatment of
loose gears. -
(1)
All chains other than briddle chains attached to derricks on mass and all
rings, hooks, shackles and swivels used in hoisting or lowering shall, unless
they have been subjected to such treatment as an Inspector may, subject to
confirmation by the Chief Inspector approve, be effectively annealed under
supervision of a competent person and at the following intervals:
(a) 12.5
milimetre and smaller chains, rings, hooks, shackles and swivels in general
use, once at least in every six months; and
(b) all other chains,
rings, hooks, shackles and swivels in general use, once at least in every
twelve months:
Provided
that in the case of such gear used solely on cranes and other hoisting
appliances worked by hand twelve months shall be submitted for six months in
sub-clause (a) and two years for twelve months in sub-clause (b):
Provided
further that where an Inspector is of the opinion that owing, to the size,
design material or frequency of use of any such gear or class of such gear, the
requirements of this regulation as to annealing is not necessary for the
protection of dock workers, he may by certificate in writing (which he may at
his discretion revoke) and subject to confirmation by the Chief Inspector
exempt such gear or class of gear from such requirement subject to such
conditions as may be specified in such certificate.
(2) Sub-regulation (1)
shall not apply to;
(i) pitched chains,
working on sprocket of sprocketed wheels;
(ii) rings, hooks and
swivels permanently attached to pirched chain, pulley blocks or weighing
machines; and
(iii) hooks and swivels
having ball bearings or other case hardened parts.
(3) All
chains and loose gears made from high tensile steel or alloy steel be plainly
marked with an approved mark indicating that they are so made. No chain or
loose gear made from high tensile steel or alloy steel shall be subject to any
form of heat treatment except where necessary for the purpose of repair and
under the direction of a competent person.
(4) If
the past history of wrought iron gear is not known or if it is suspected that
the gear has been heat treated at incorrect temperature, it shall be normalised
before using the same for dock work.
50. Certificate to be
issued after actual testing, examination, etc.-
A
competent person shall issue a certificate for the purpose of regulation 41,
47, 48 or 49 only after actual testing or, as the case may be, examination of
the apparatus specified in the said regulation.
51. Register of
periodical test and examination and certificates thereof.-
(1) A
register in Form II shall be maintained and particulars of test and examination
of lifting appliances and loose gears and heat treatment, as required by
regulations 41, 47 and 49 shall be entered in it,
(2) Certificates
shall be obtained from competent person and attached to the register in Form
II, in respect of the following, in the forms shown against each:
(a) initial and
periodical test and examination under regulations 41 and 47, for-
(ii) cranes or hoists and
their accessory gear in Form IV;
(b) test, examination and
re-examination of loose gears under regulation 47 in Form V;
(c) test and examination
of wire ropes under regulation 48 in Form VI;
(d) heat treatment and
examination of loose gears under sub-regulation (1) of regulation 49, in Form
VII;
(e) annual
thorough examination of the loose gears under sub-regulation (2) of regulation
47 in Form VIII, unless required particulars have been entered in the register
in Form II.
(3) The register and
the certificates attached to the register shall be,-
(a) kept on board the ship
in case of ship's lifting appliances, loose gears and wire ropes;
(b) kept at premises of
the owner in respect of other lifting appliances, loose gear and wire ropes;
(c) produced on demand
before an Inspector; and
(d) retained for at least
five years after the date of the last entry.
(4) No lifting appliance and loose gear in respect of
which an entry is required to be made and certificates of test and examination
are required to be attached in the register in Form II, shall be used for dock
work unless and until the required entry has been made in the register and the
required certificates have been so attached.
52. Marking of safe
working load.-
(1) Every
lifting appliance and every item of loose gear shall be clearly marked with its
safe working load and identification mark by stamping or where this is
impracticable, by other suitable means.
(2) (a)
Every ship's derrick (other than derrick crane) shall be clearly marked with
its safe working load when the derrick is used,-
(i) in single purchase,
(ii) with a lower cargo
block, and
(iii) in union purchases in
all possible block positions;
(b) The lowest angle
to the horizontal, that the derrick may be used, shall also be legibly marked.
(3) Every
lifting appliance (other than ship's derricks) having more than one safe
working load shall be fitted with effective means enabling the operator to
determine the safe working load under each condition of use.
(4) Means
shall be provided to enable any dock worker using loose gears to ascertain the
safe working load for such loose gears under such conditions as it may be used
and such means shall consists,-
(a) as
regards chain slings, of marking the safe working load in plain figures or
letter: upon the sling or upon a tablet or ring of durable material attached
securely thereto; and
(b) as
regards wire rope slings, either the means specified in CL (a) above or a notice
or notices so exhibited as can be easily read by any concerned, dock worker
stating the safe working load for the various sizes of the wire rope slings
used.
Page 26
(5)
No lifting appliance or loose gear shall be used unless marked in accordance
with the provisions of this regulation.
53. Loading of lifting
appliances and loose gears. -
(1) No
lifting appliance, loose gear and wire rope shall be used in an unsafe way and
in such a manner as to involve risk to life of dock workers, and, in
particular, shall be loaded beyond its safe working load or loads, except for
testing purposes as given in Schedule I and under the direction of a competent
person.
(2) No lifting appliance
and loose gears or any other cargo handling appliances shall be used, if-
(a) the
Inspector is not satisfied by reference to a certificate of test or examination
or to an authenticated record maintained as provided under the regulations; and
(b) in
the view of the Inspector, the lifting appliance, loose gear or any other cargo
handling appliance is not safe for use in dock work.
54. Pulley blocks. -
No
pulley blocks shall be used in dock work unless the safe working load and its
identification marks are clearly stamped upon it.
55. Vacuum and magnetic
lifting device.-
(1) No
vacuum or any other lifting device where the load is held by adhesive power
only, be used while workers are performing operations in the holds.
(2) Any
magnetic lifting device used in connection with dock work shall be provided with
an alternative supply of power, such as batteries, that come into operation
immediately in the event of failure of the main power supply:
Provided
that the provisions under this sub-regulation shall not apply to magnetic
lifting device that is being used to load or unload scrap metal or to other
cargo handling operations of such a nature that there is no dock worker within
the swinging zone of the load.
56. Knotting of chains
and wire ropes. -
No claim or wire rope
shall be used in dock work with a knot in it.
57. Power trucks and
hand trucks. -
(1)
All trucks/trailers and tractor equipments shall be of good material, sound
construction, sufficiently strong for the purpose for which it is used and
maintained in good state of repair:
Provided that trucks and trailer employed for
transporting freight containers shall be of the size to carry the containers
without overhanging and provided with twist locks conforming to national
standards at all the four corners and these shall be:
(i) approved by a
competent person; and
(ii) inspected, by a
responsible person once at least in every month and record maintained.
(2) All
trucks and other equipments shall be inspected at least once a week by a
responsible person and when any dangerous defect is noticed in an equipment it
shall be immediately taken out of use.
(3) Power trucks nd tr ctors sh ll be equipped with effective
br kes he d lights nd t il l mps nd m int ined in
Page 27
good repairs and working
order.
(4) Side stanchions on
power trucks and trailers for carrying heavy and long objects shall be.
(a) of substantial
construction and free from defects;
(b) provided with tie
chains attached to the top across the loads for preventing the stanchions from
spreading out; and
(c) wherever necessary
the stanchions shall be in position while loading and, unloading.
(5) Safe
gangways shall be provided for to and for movement of dock workers engaged in
loading and unloading in lorries, trucks, trailers and wagons.
(6) Trucks
and other equipment; shall not be loaded beyond their safe carrying capacity
which shall be clearly and plainly marked on them.
(7) Handles
of hand trucks shall be so designed as to protect the hands of the dock workers
or else be provided with knuckle guards.
(8) (a) Unauthorised
persons shall not ride on transport equipment employed in connection with the
dock work.
(b) Driver of the
transport equipment shall manoeuvre the equipment under the direction of
signaller only:
Provided that this
sub-regulation shall not apply in case vision of the driver is not obstructed.
58. Use of internal
combustion engines in the holds. -
(1)
Internal combustion engines shall not be used in connection with the dock work
In the holds or cargo spaces unless,-
(a) adequate means of
ventilation and, where necessary mechanical ventilation is provided;
(b) suitable fire fighting
equipment Is readily available;
(c) exhaust pipes,
connections and mufflers are kept tight;
(d) exhaust is so directed
as not to cause inconvenience to the operator and dock workers;
(e) it is ensured that no
explosives, inflammable liquids, gases or similar dangerous cargo are present;
(f) a
spark arrestor is fitted on the exhaust of the engine and the bare heated
surfaces of the engine, that are liable to ignite spilled fuel, are suitably
protected;
(g) the engine is
refuelled above deck; and
(h) the exhaust does not
contain the carbon monoxide above the prescribed in the national standards.
(2) The internal
combustion engine shall be switched off when not In use in connection with the
dock work.
(3) Operators of internal
combustion engines in cargo spaces or cargo holds shall not work alone.
(4) Whenever
internal combustion engines for use in dock work are to be brought on board,
the Master or the Officer-in-charge of the ship shall be notified.
59. Use of forklifts,
electric trucks or cars. -
Page 28
(l)
Electrically driven trucks or cars, fork-lifts, etc. shall be fitted with at
least one effective mechanical braking device and mechanically operated current
cut-off that comes into operation automatically when the operator leaves the
vehicle.
(2)Fork-lift trucks
shall be fitted with overhead guard to protect the operator from falling
objects.
(3)Fork-lift trucks or
electric cars shall have their gross weight conspicuously marked upon them.
(4)
When a fork-lift truck or electric car is operated in intermediate deck, steps
shall be taken to ensure that the working surface can support the load and the
hatch covers cannot be dislodged by the movement of the truck.
60. Stability test.-
AII fork-life trucks
and electric cars shall have been tested for stability as per national
standards.
61. Dock railways. -
(1) Sufficient clearance
to ensure safety shall be allowed between structures or piles of cargo and
railway track.
(2) Locomotive
drivers shall act only on signals given by an authorised person:Provided that
stop signals shall always be acted upon, irrespective of their source.
(3) Locomotives
pulling or pushing wagons shall move dead slow and shall be preceded by a man
on foot when passing through an area where dock workers are employed.
(4) No
locomotive or wagon shall be moved on a railway line until an efficient sound
signal as a warning has been given by the man preceding it on foot where dock
workers are working and whose safety is likely to be endangered, or on
approaching any curve where sight is intercepted, or any other point of danger
to dock workers.
(5) When
a railway wagon or a group of wagons not directly connected to a locomotive is
being moved, a person shall be appointed to control each wagon or a group of
wagons.
(6)Cranes, ship's
winches and derricks shall not be used to move railway wagons.
(7)
Fly shunting in premises where dock workers are engaged in dock work shall be
prohibited and all trains shall be brought to a full stop before any wagons are
cut loose.
(8)As far as
practicable, idle wagons shall not be left standing on quays with short
distances between them.
(9)When
dock workers are required to work between or beneath railway wagons, they shall
be provided with a lookout man responsible for giving them necessary warning.
(10) Dock workers shall not
be employed inside open wagon when-
(a) bulk cargo is being
handled by means of grabs; or
(b) steel cargo is
being handled by means of electro-magnets.
(11) Locomotive used for
pulling or pushing wagons shall be maintained in good repairs and working
order.
(12) Before
moving railway wagons, train crews shall make sure that all dock workers are
out of the wagons and the danger zone.
62. Conveyers. -
Page 29
(1) Conveyers
shall be of sound material, good construction and sufficient strength to
support safely the loads for which they are intended, and shall be kept in good
repair.
(2) (a)
Conveying machinery shall be so constructed and installed as to avoid hazardous
points between moving and stationary parts or objects.
(b)
When a passage way is adjacent to an open conveyer a clearance of at least 90
centimetre shall be provided between the inner edge of the walkway and the
conveyer.
(3) When
dock workers have to cross over conveyers, regular crossing facilities
affording safe and adequately lighted passage shall be provided.
(4) When
conveyers that are not entirely enclosed cross over places where dock workers
are employed or might pass beneath them, sheet or screen guards shall be
provided to catch any material which might fall from the conveyers.
(5) Power
driven conveyers shall be provided at loading and unloading stations, at drive
and take-up ends, and at other convenient places, with devices for stopping the
conveyer machinery in an emergency.
(6) Adequate fencing shall
be provided at transfer point.
(7) Conveyers
which carry loads up-inclines shall be provided with mechanical devices that
will prevent machinery from reversing and carrying the loads back towards the
loading point in the event of the power being cut off.
(8) Where
two or more conveyers are operated together, the controlling devices shall be
so arranged that no conveyer can feed on to a stopped conveyer.
(9) Where
the tops of hoppers for feeding conveyers are less than 90 centimetres above
the floors the openings shall be adequately guarded.
(10) (a)
Where conveyers extend to points not visible from the control stations they
shall be equipped with gongs, whistles or signal lights, to be used by the
operators before starting the machinery so as to warn dock workers who might be
in positions of danger;
(b) Similar provisions
shall be made where necessary to enable the dock workers to communicate with
the operator.
(11) Conveyers
shall be provided with automatic and continuous lubrication systems, or with
lubricating facilities so arranged that oiling and greasing can be performed
without the oilers coming within dangerous proximity to moving parts.
(12) Conveyers shall be
thoroughly inspected once in every three months by a responsible person.
(13) Dock workers shall not
ride on conveyers.
(14) Belt conveyers shall
be provided with guards at the nips of the belts and drums.
(15) Intake
openings of blower or exhaust fans for pneumatic conveyers shall be protected
with substantial metal screens or gratings.
(16) Frames of gravity
roller and chutes shall be kept free of splinters, sharp edges and roughs
surfaces.
(17) Gravity roller and
chutes shall not be used for the passage of dock workers.
(18) Sideboards of chutes
shall be of sufficient height to prevent cargo from falling off.
(19) Suitable provision
shall be made for the cleaning of conveyers and for clearing obstructions in a
safe way.
Page 30
No
person shall be employed to operate transport equipment unless he is above 18
years of age and is sufficiently competent and reliable.
64. Qualification for
mobile crane drivers, signaller., etc.-
No
person shall be employed to drive or operate lifting appliances whether driven
by mechanical power or otherwise or to give signals to driver or operator of
such lifting appliances or to work as rigger for ship's derricks unless he is
above 18 years of age and is sufficiently competent and reliable.
65. Loading and
unloading operations. -
(1) No
cargo shall be loaded or unloaded by a fall or sling at any intermediate deck
unless either the hatch at that deck is securely covered or a secure landing
platform of a width not less than that of one section of hatch coverings has
been placed across it: Provided that this regulation shall not apply to any
loading or unloading work the whole of which may be completed within a period
of half an hour.
(2) No loose gear or any
other object shall be thrown in or out of the holds.
(3) During
the loading and unloading of bulk cargo a record of all dock workers employed
in the hold shall be maintained and produced on demand to the Inspector.
(4) Where
necessary cargo shall be secured or blocked to prevent its shifting or falling.
In breaking down, precautions shall be taken where necessary to prevent the
remaining cargo from falling.
(5) (a)
Dragging of cargo shall be done with the ship's winches only when the runner is
led directly from the derrick heel block; and
(b)
Pulley blocks shall be used to provide a fair lead for the runner so as to
prevent it from dragging against obstructions.
(6) If
the head room in the hold of a ship for the purpose of stacking and unstaking
is less than 1.5 metres, suitable measure shall be taken to guard against accident.
(7) Loads
shall be safely slung before being hoisted. Loose dunnage or debris hanging or
protruding from loads shall be removed and suitable means shall be adopted to
prevent cargo from falling out.
(8) Cargo
handling bridles, such as pallet bridles, which are to remain attached to the
lifting appliance while hoisting successive sling loads, shall be attached by
shackles, or other positive means shall be taken to prevent them from becoming
accidentally disengaged from the hook of the lifting appliance.
(9) When lifting appliance
is operating without a load on the slings:
(a) slings or chains shall
be hooked securely to the appliances before the operators are given signal to
move;
(b) sharp hooks, multiple
hooks and claws shall not hang at one end but shall be reeved through slings;
and
(c) the operators shall
raise the appliance sufficiently to keep clear off dock workers and objects.
(10) Effective
measures shall be taken, by the use of suitable packing or otherwise, to
prevent edges of any load from coming in contact with any rope or chain sling
which is likely to cause any damage to the rope or chain sling.
(11) Buckets, tubs and
similar appliances shall not be loaded above their rims.
(12) No
loads shall be lifted at strappings unless such strappings are approved as
proper and safe slinging points. Movement of such loads is allowed only if
everybody has left the danger zone.
(13) When
working with lifting appliances, slope-pulling, horizontal dragging and
intentional swing of loads and lifting devices are prohibited.
66. Stacking and
unstacking.-
(1) Where
stacking, unstacking, stowing or unstowing, stuffing or destuffing of cargo or
handling in connection therewith cannot be safely carried out unaided,
reasonable measures to guard against accidents shall be taken by shoring or
otherwise.
(2) Stacking
of cargo shall be made on firm foundation not liable to settle and the weight
of the cargo shall be such as not over- load the floors.
(3) Cargo
shall not be stacked against partition or walls of warehouses or store places
unless it is known that the partition or the wall is of sufficient strength to
withstand the pressure.
(4) Cargo shall not be
stacked to such a height and in such a manner as would render the pile
unstable.
(5) Where
the dock workers are working on stacks exceeding 1.5 metre in height, safe
means of access to the stack shall be provided.
(6) Stacking and
unstacking work shall be performed under the supervision of an authorised
person.
67. Handling objects
having sharp and projecting parts. -
Dock
workers handling objects with sharp edges, fins, slivers, splinters or similar
dangerous projecting parts shall be provided with suitable protective
equipment.
68. Hooks for bales,
etc.-
When
the working space in a hold is confined to the square of the hatch, hooks shall
not be made fast In the bands or fastenings of bales of cotton, wool, cork,
gunny bags, or other similar goods, nor shall can hooks be used for raising or
lowering a barrel when owing to the construction or condition of the barrel or
of the hooks, their use is likely to be unsafe.
69. Cargo platforms. -
(l)
Cargo platforms (except those formed by cargo itself) shall be made of sound
material, substantially and firmly constructed, adequately supported and
maintained in good repair.
(2) Cargo platforms
shall-
(a) be of sufficient size
to receive cargo and to ensure the safety of dock workers working on them;
(b) if of
a height exceeding 1.5 metres, in addition to the requirements of (a) above, be
protected on any side, which is not being used for receiving or delivering
cargo, by substantial fencing to a height of one metre; and
(c) be provided with safe
means of access, such as ladders or starts.
(3) Cargo platforms shall
not be overloaded.
(4) Portable trestles
shall be so placed as to be steady.
70 Restrictions on
loading and unloading operations -
Page 32
(1) No
other work, for example, maintenance or repair work such as sand blasting or
welding shall be performed at places where dock work is in progress if it is
likely to endanger or obstruct the person carrying out dock work.
(2) When
more than one gang of dock workers are employed in dock work simultaneously in
a hold, it shall be ensured that,--
(a) the operation of
loading or unloading is harmonised to avoid dangers to the working gangs from
one another;
(b) the slung cargo of one
gang will not endanger the dock workers of the other gang;
(c) where
gangs are working at different levels, a net shall be rigged and securely
fastened to prevent dock workers from falling down or cargo falling on to dock
workers below;
(d) over crowding of gangs
in a section of the hold is avoided.
71. Dock work and
midstream.-
No
dock worker shall be employed to handle cargo on any ship anchored in midstream
whenever, the working conditions are considered to be dangerous.
72. Work during
berthing and shifting of ships. -
(1) While
ships are being berthed or shifted, no dock work shall be carried out by dock
workers in the holds or hatches and on docks.
(2) When
ships are being moored, dock workers shall be kept clear of the mooring ropes
and in particular, shall not be allowed to stand in the height of ropes being
hauled by capstans.
73. Protective
equipment.-
(1) Where
other means of protection against harmful agents are impracticable or
insufficient, dock workers shall be provided with adequate protective clothing
and personal protective equipment to shield them from the effects of such
agents.
(2) Protective
clothing personal protective equipment shall be of suitable quality and
maintained in good condition and shall be cleaned and disinfected at suitable
intervals.
(3) Where
protective equipment and clothing may be contaminated by poisonous or other dangerous
goods, it shall be stored in a separate accommodation where it will not
contaminate the dock workers clothing and other belongings.
(4) Suitable
protection equipment shall be issued to the dock workers employed in the reefer
holds or chambers or reefer containers for affording complete body protection:
74. Winch and crane
operators. -
There
shall be one winch or crane operator for each single or pair of loading winches
or cranes which can be operated from the same point and he shall,-
(a) be not less than 18
years of age;
(b) be competent and
reliable;
(c) possess the knowledge
of the inherent risks of the winch/crane operation; and
(d) be medically examined
periodically as per the Schedule XI.
Page 33
75. Signaller.-
(1) When cargo is being loaded or unloaded by
a fall at a hatchway, a signaller shall be employed, and where more than one
fall is being worked at a hatchway, a separate signaller shall be employed to
attend to each fall: Provided that:
(a) this
regulation shall not apply, in cases where a barge, lighter or other similar
vessel is being loaded or unloaded, if the operator of the crane or winch,
working the fall has a clear and unrestricted view of those parts of the hold
where dock work is being carried on; and
(b) where
the Inspector is of the 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 regulation are not necessary for the safety of dock
workers, he may by certificate In writing (which he may at his discretion
revoke) suspend such requirements subject to such conditions as may be
specified in such certificate.
76. Notification.-
(1) Before
unloading of any dangerous goods, as categorised in Schedule II, from any ship
is commenced, the master or officer-in-charge and the agent of the ship shall
furnish the employer of the dock workers, Port Authority and the Inspector with
a statement in writing identifying the goods and specifying the nature of the
danger which they can give rise to and specifying the categories and obtain an
acknowledgment of the receipt of the same.
(2) Before
any dangerous goods are received for shipment, the shipper or his agent shall
furnish the information as required by sub-regulation (1) above to the Port
Authority, the Inspector and the employer of the dock workers handling the
dangerous goods.
77. General
precautions. -
(1) Dangerous
goods shall be loaded, unloaded handled and stored under the supervision of a
responsible person who is familiar with the risks and the precautions to be
taken. In case of doubt as to the nature of the risk or the precautions to be
taken, necessary instructions shall be obtained from the Safety Officer
appointed under these regulations.
(2) Dangerous
goods shall not be loaded, unloaded or stored unless they are suitably packed
and labelled showing the danger therefrom. The dock workers shall be given
adequate information concerning the nature of the cargo and special precautions
to be observed in handling them.
(3) Special
precautions, such as provision of mats, sling nets, boxes and high sided
pallets shall be taken to prevent breakage or damage to containers of the
dangerous goods.
(4) Dock
workers employed in loading or unloading or otherwise handling dangerous goods
shall be provided with suitable protective equipments.
(5) Dock
workers handling dangerous goods shall thoroughly wash their hands and faces
with soap or some other cleaning agent before taking any food, drink, pan and
supari or tobacco.
(6) Only
specially trained dock workers shall be employed for cleaning, sweeping or
handling spillages or sweeping of dangerous goods.
78. Explosive and
inflammable cargo.-
(1) Where
there is a risk of explosion from electrical equipment, the circuit shall be
made dead and kept dead as long as the risk lasts unless such equipment and
circuits are safe for use in the explosive atmosphere and non-sparking tools sh
ll be provided nd used in such
tmosphere
Page 34
(2) When inflammable cargo is being loaded or unloaded,
special measures shall be taken to ensure that an incipient fire can be
controlled immediately.
79. Other dangerous
goods. -
(1) Before
furnigated cargo such as grain is loaded or unloaded, adequate measures shall
be taken to ensure that the cargo is safe to handle.
(2) Where
caustic and corrosive substances are handled or stored, special precautions
shall be taken to prevent damage to the containers and to render any spillage
harmless.
(3) If
skins, wool, hair, bones, or other animal parts have not been certified by
competent authority as having been disinfected, especially against anthrax, the
dock workers concerned shall be:-
(a) instructed about
the risk of infection and the precautions to be taken;
(b) provided with suitable
type of personal protective equipment; and
(c) subjected to special
medical supervision.
80. Handling of
tetraethyl lead compound-
(1) Tetraethyl lead
compound shall not be unloaded from a ship unless:
(a) it is
packed in specially constructed steel drums of substantial construction, sealed
with an inner and outer bung, and fitted with rolling roops on to the shell as
an added precaution;
(b) all
receptacles containing tetraethyl lead compound are distinctively and durably
marked with the words "Tetraethyl Lead Compound- Poison"; and
(c) two
sets of protective equipment comprising the following are provided and kept
readily available for use in the event of any leakage of tetraethyl lead
compound:
(i) rubber gloves.
(ii) rubber boots,
(iii) rubber apron or
oilskin suit, and
(iv) suitable
respirator, which should be either of cannister type containing minimum of 50
cc. of activated charcoal or an airline respirator with an independent fresh
air supply.
(2) Following measures
shall be taken while unloading tetraethyl lead compound:
(a) no receptacle
containing tetraethyl lead compound shall be opened within the limits of the
port;
(b) before
commencement of the unloading operations, the consignment of tetraethyl lead
compound shall be inspected on board the vessel by a responsible person. No
tetraethyl lead compound drums showing any sign of leakage shall be unloaded
until suitably repaired or placed in a larger receptacle or container offering
sufficient precautions from leakage;
(c) drums containing
tetraethyl lead compound shall be discharged under the supervision of a
responsible person;
(d) drums containing
tetraethyl lead compound shall be loaded discharged in rope slings with a
maximum of two
n n n n
Page 35
(e) dock
workers handling drums containing tetraethyl lead compound shall be provided
with heavy gloves of canvas or leather and shall use such gloves; and
(f) adequate
quantities of non-inflammable solvent or kerosene a. soap and water to deal
with any leakages of tetraethyl lead compound shall be kept readily available
where the work of handling of the tetraethyl lead compound is carried on.
(3) Following measures
shall be taken In the event of leakage of tetraethyl lead compound:
(a)
the area on which the leakage of tetraethyl lead compound has occurred
(including the outside of a drum) shall be treated as follows:
(i) flush
with kerosene or some other light oil solvent followed by water. If the surface
permits, wash thoroughly with soap working-up as much lather as possible, and
again flush with water;
(ii) if it
is possible to obtain quickly a supply of common bleaching line (Ca O Cl2) the
area should first be treated generously with a mixture of bleaching lime and
water in the form of thin slurry (NEVER use the dry powder) alternatively a
five per cent solution of sulphuryl chloride (S02 Cl2) in kerosene may be used;
(b) if
contamination of absorbent material such as wooden flooring, dunbage, or other
packing material has taken place, then such material shall, after treatment as
above, be removed from the place where tetraethyl lead compound is being
handled;
(c) any
clothing which becomes contaminated by tetraethyl lead compound shall be
removed immediately and cleaned by repeated rinsing in a non-inflammable dry
cleaning fluid;
(d) if
tetraethyl lead compound can be smelled, dock workers not assigned to deal with
the leakage of tetraethyl lead compound shall be removed from that place; and
(e) dock
workers assigned to deal with leakage of tetraethyl lead compound shall wear
the protective equipment described under sub-regulation 1 (c).
(4) Suitable protective
clothing shall be provided for handling of tetraethyl lead compound in
refrigerated spaces.
81. Broken or leaking
containers. -
(1)
When there is danger from broken or leaking containers of dangerous goods dock
workers shall be evacuated from the area involved and the following steps taken
before dock work is resumed:
(a) if the cargo
produces dangerous gases or vapour:
(i) suitable
respiratory protective equipment shall be made available for dock workers who
are to remove the defective containers;
(ii) the area
shall be ventilated if necessary and tested to ensure that the concentration of
gases or vapours In the atmosphere is safe for dock work;
(b) if the cargo is a
corrosive substance-
(i) suitable
personal protective equipment shall be made available to the dock workers
engaged in the removal of damaged containers; and
(ii) suitable absorbent or
neutralizing materials shall be used in cleaning the spillage.
82. Toxic solvents. -
Before any solvents
are used, the toxic properties of such solvents shall be ascertained and
adequate means to
Page 36
84. Lifting appliances
and other equipment.-
(1) Container
terminals shall be equipped with suitable lifting appliances and transport
equipment which shall be maintained in good repair and working order.
(2) (a)
In the case of fork lift trucks employed for handling empty containers, the
length of the forks shall be equal to the full width of the container and the
capacity of the fork lift shall be matching with the weight of the container.
(b) No fork-lift trucks
shall be employed for handling container which do not have fork pockets.
85. Container operation.-
(1) Prior
to the use of container spreader, the work supervisor, foreman or any
authorised person shall ensure that it is in good working order and has been
tested as per the provisions under regulation 47 (1).
(2) Single or multi-legged
slings shall not be used for lifting of containers.
(3) The
weight of the container and the spreader used shall be noted in relation to the
safe working load of the lifting appliance or transport equipment used.
(4) When
loading or discharging, the container shall be hoisted squarely under the plumb
to avoid swinging of the container.
(5) The
special lifting appliances employed in container handling shall be operated
only by the operators possessing adequate knowledge and skill for these operations.
(6) Lifting
appliances employed in container handling shall be operated under the guidance
of a signaller who shall be properly trained. When the signaller is not in a
position to communicate effectively with the operator of the crane, other
effective means of signalling like walkie-talkie, short wave radio, etc. shall
be employed.
(7) When
a container is being lowered or hoisted from a chassis, no person shall remain
in the cabin of its prime mover.
(8) No person shall be
standing on a container while-
(a) it is being lifted or
lowered; and
(b) another container is
being lifted or lowered adjacent to it.
(9) No
person shall be lifted to the top of a container by a container spreader which
is being lifted by a crane or any other appliance
(10) When
a ladder is used to climb to the top of a container the ladder shall be of
sound construction provided with anti-skid devices or suitable securing
arrangements and there shall be someone to hold the bottom of the ladder
wherever necessary.
(11) When workers have to
work on top of the containers-
(a) it shall be ensured
that the surface is dry and clean to avoid slipping; and
(b) suitable
and safe means shall be provided to the workers for going on top of containers
and attending to lashing and unlashing of containers.
(12) Pedestrians shall
not be allowed in any part of the container terminal other than the passages
marked for their
Page 37
(13) The container shall be
firmly secured to the chassis of truck by means of twist locks before it is
transported.
(14) All
containers employed in dock work shall be tested, maintained, Inspected and
approved by a competent authority.
86. Stuffing and
destuffing.-
(1) The containers used
for stuffing shall be clean, dry and free from odour.
(2) Proper
lighting arrangements shall be provided for the stuffing of the containers and
light fittings shall be safely located.
(3) Containers
mounted on chassis shall be properly secured and supported and proper bridge
plates shall be used while the stuffing or destuffing operation is on.
(4) Dangerous goods which
are not recommended for grouping together shall not be stuffed in the same
container.
(5) Containers stuffed
with dangerous goods shall be labelled with internationally approved levels.
(6) When fork lift is
employed for stuffing or destuffing no other person shall be inside container.
(7) No
container shall be stuffed beyond its capacity which is marked on It and
containers shall be stuffed in such a manner that weight distribution is
uniform as far as possible, throughout the floor area of containers.
(8) No smoking shall be
permitted during stuffing or destuffing operations inside the container.
(9) Upon completion of the
stuffing, the container door shall be properly secured with a lock or container
seals.
(10) When
a container is to be destuffed, only one door shall be opened carefully at a
time to prevent possibility of any cargo collapsing.
(11) Dock
workers employed in stuffing and destuffing of reefer containers shall be
provided with proper protective clothing.
87. Fencing of motors,
etc.-
(1) All
motors, cogwheels, chains and friction gearing, flywheels, shaftings, every
dangerous and moving parts of machinery (whether or not driven by mechanical
power) and steam pipes shall be securely fenced or lagged.
(2) The
fencing of dangerous parts of machinery shall not be removed while the
machinery is in motion or in use, but if removed, shall be replaced before the
machinery is taken into normal use again.
(3) No
part of any machinery which is in motion and which is not securely fenced shall
be examined, lubricated, adjusted or repaired except by persons duly
authorised.
(4) Machine parts shall
only be cleaned when the machine is stopped.
(5) When
machinery is stopped for servicing or repairs, adequate means shall be taken to
ensure that it cannot inadvertently be restarted.
88. Electrical
equipment.-
(1)
Only duly authorised person shall be permitted to install, adjust, examine,
repair, displace or remove electrical equipment or circuits.
Page 38
(2) Efficient
and suitably located means shall be provided for cutting off all pressure from
every part of the system, as may be necessary to prevent danger.
(3) All
portable electrical equipment shall be maintained in good working order and
inspected by a responsible person at least once in every day before It is taken
into use.
(4) Portable electric
light or equipment used in a confined space shall be of twenty-four volts or
less.
(5) Only
flame proof electrical equipment shall be used in a confined space where
inflammable gas, fume or dust is likely to be present.
(6) All
non-current carrying metal parts of electrical equipment shall be earthed or
other suitable measures shall be taken to prevent them from becoming live.
(7) Portable
or flexible electric conductors shall be of heavy duty type and shall be kept
clear of loads, running gear and moving equipment.
(8) All
live conductors shall be adequately insulated or fenced to prevent danger by
accidental contact of dock workers or non-current carrying parts of lifting
appliances, conveyors, transport equipment and machinery.
89. Transport of dock
workers on land.-
Suitable
means of safe transport shall be provided for the dock workers for their
movement from their place of booking to the working area or between the two
working areas when the distance between the points exceeds two kilometres.
90. Transport of dock
workers by water.-
(1) When
any dock worker has to proceed to or from a ship by water for the purposes of
carrying on a dock work, proper measures shall be taken to provide for his safe
transportation. Vessels used for this purpose shall be in charge of a
responsible person, and shall be properly equipped for safe navigation and
maintained in good condition.
(2) The means of transport
referred to in sub-regulation (1) shall conform to the following:
(a) adequate protection is
provided to the dock workers from inclement weather;
(b) the vessel shall be
manned by adequate and experienced crew, duly authorised by competent
authority;
(c) if
the bulwarks of the vessel are lower than 60 centimetres, the open edges shall
be fitted with suitable fencing to a height of at least one metre above the
deck. The posts, stanchions and similar parts used in the fencing shall not be
spaced more than two metres apart;
(d) the
number of life buoys on deck shall be at least equal to the number of persons
in the crew and shall not be less than two;
(e) all
life buoys shall be kept in good state of maintenance and be so placed that if
the vessel sinks they remain afloat, one of the said buoys shall be within the
immediate reach of the steerman and another shall, be situated far apart; and
(f) the position of the
steerman of the vessel shall be such that he has a reasonably free view of all
sides.
(3)
Maximum number of persons that can be safely carried In the vessel shall be
certified by a competent authority and marked plainly and conspicuously on the
vessel and such number shall not be exceeded.
91. Reporting of
accidents. -
(1) Notice of any accident in a dock which either
Page 39
(a) causes loss of life;
or
(b) disables
a person from work on which he was employed for the rest of the day or shift in
which the accident occurred; shall forthwith be sent by telegram, telephone or
special messenger within four hours of the occurrence to,-
(i) the Inspector:
(ii) the
relatives of the workers when the accident causes loss of life to the dock
worker or is likely to disable the dock worker from work for more than ten
days; and
(iii) in the case of fatal
accidents also to:
(a) the officer-in-charge
of the nearest Police Station, and,
(b) the District
Magistrate or if the District Magistrate by order so directs, the
Sub-Divisional Magistrate.
(2) In
the case of accidents falling under Cl. (b) of sub- regulation (1) the injured
person shall be given first-aid and thereafter immediately transferred to a
hospital or other place of treatment.
(3) Where
any accident causing disablement subsequently results In the death of dock
worker, notice in writing of the death shall be submitted to the authorities
mentioned in sub-regulation (1) within 72 hours after the death occurs.
(4) The
following classes of dangerous occurrences shall be reported to the Inspector,
whether death or disablement is caused or not, in the manner prescribed in sub-regulation
(1):
(a) collapse
or failure of lifting appliances or conveyors or breakage or failure of rope,
chains or other loose gears and lifting devices or overturning of cranes, used
in dock work, falling of hatchboards or cargo from sling, displacement of hatch
beams or coverings;
(b) collapse or subsidence
of any wall, floor, gallery, roof, platform, staging or means of access;
(c) explosion
of a receiver or vessel used for the storage, at a pressure greater than
atmosphere pressure of any gas or gases (Including air) or any liquid or solid
resulting from the compression of gas;
(d) explosion or fire
causing damage to any place in the dock in which dock workers are employed;
(e) collapse, capsizing,
toppling or collision of the transport equipment,
(f) spillage or leakage of
dangerous goods and damage to their containers; and
(g) breakage, buckling or
damage of freight containers.
(5) If a failure
of lifting appliance, loose gear and transport equipment has occurred, the
concerned appliance, gear or equipment and the site shall, as far as
practicable, be kept undisturbed until inspected by the Inspector.
(6) Every
notice given under sub-regulation (1) and sub-regulation (4), shall be
confirmed within seventy-two hours of the occurrence by submitting a written
report to the inspector in Form XII and a proper acknowledgment obtained
provided that in case of an accident under Cl. (b) of sub-regulation (1), such
written report need be submitted only when the dock worker is disabled from
work on which he was employed for more than forty-eight hours from the time of
accident.
92. Notification of
certain diseases. -
(1)
When a dock worker contracts any disease specified in Schedule IV, a notice in
Form XIV shall be sent by the employer forthwith to the Inspector.
Page 40
(2)
If any medical practitioner attends on a dock worker suffering from any disease
specified in the aforesaid Schedule, the medical practitioner shall without
delay send addressed to the Director General, Directorate General Factory
Advice Service and Labour Institutes, Central Labour Institute Building, Sion,
Bombay- 400022, a notice stating the name and full particulars of the patient
and the disease.
93. Safety Officers. -
(1) Every Port Authority
and dock labour board shall employ safety officers as per the scale laid down
in Schedule III.
(2) Every
other employer of dock worker shall employ at least one safety officer,
provided that the employers may form a group and appoint safety officer for the
group as per the scale laid down in Schedule I with the written permission of
the Chief Inspector.
(3) The duties,
qualifications and conditions of service of the safety officer shall be as
provided in Schedule III.
(4) The
safety officer shall be assisted by suitable assistants and staff which shall
be got approved from the Chief Inspector.
94. Renewal of
licences.-
The Port Authorities before issue of renewal of the
licences of employers of dock workers shall obtain a report from the Chief
Inspector or the Inspector, regarding the safety performance and compliance of
the regulations and take into consideration the report while granting the
renewal of the licence.
95. Cleanliness. -
(1) Every
place in the ship, dock and all areas which are in proximity to the place in
the dock, where dock workers are employed, shall be kept clean and free from
rubbish or eflluvia arising from any drain, privy or other nuisance.
(2) All
the accumulated garbages from the ships and the dock area shall be disposed off
by burning in an incenerator or by other suitable means.
(3) All
the damaged or deteriorated cargo posing hazards to safety or health or
nuisance shall be removed or disposed off from the work place where the dock
workers are employed.
96. Drinking water.-
(1)
(a) On board every ship and in every dock, effective arrangement shall be made
to provide and maintain at suitable points conveniently situated for all dock
workers employed therein, sufficient supply of wholesome drinking water:
Provided that the
drinking water point is available within 100 metres of the place where dock
workers are employed.
(b) Effective
arrangement shall be made to provide and maintain adequate supply of wholesome
drinking water on board every ship in mid-stream for all dock workers employed
thereon.
(c) The
water provided for drinking shall be supplied from the public water supply
system or otherwise from any other source approved in writing by the Health
Officer of the Port.
(2) All
such points shall be legibly marked "Drinking Water" in a language
understood by a majority of the dock workers and no such point shall be
situated within six metres of any washing place urinal or latrine unless a
shorter distance is approved in writing by the Chief Inspector.
(3) In
every dock, the drinking water supplied to the dock workers shall during hot
weather, be cooled by ice or other effective means: Provided that if ice is
placed, in the drinking water, the ice shall be clean and wholesome and shall
be obtained only from a source approved in writing by the Health Officer at the
Port.
Page 41
(5) Every
drinking water centre shall be maintained in a clean and ordinary condition and
if necessary shall be in charge of a person who shall distribute the water.
Such a person shall be provided with clean clothes while on duty.
(6) The drinking water
centres shall be sheltered from the weather and adequately drained.
(7) Storage tanks or
containers for drinking water shall always be kept in clean and hygienic
condition.
(8) The
Inspector may, by order in writing, direct the Port Authority to obtain at such
time or at such intervals as he may direct a report from the Health Officer of
the Port as to the fitness for human consumption of the water supplied to the
dock workers, and in every case to submit to the Inspector a copy of such
report as soon as it is received from the Health Officer.
97. Latrines and
urinals. -
(1) In
every dock, latrine and urinal accommodation shall be provided on the scale
given in Schedule VIII and shall be conveniently situated and accessible to
dock workers at all times while they are at work. Such accommodation and access
to it shall be adequately lighted and ventilated.
(2) Separate latrines
shall be provided where female dock workers are employed.
(3) The
floors and internal walls of the latrines and urinals and the sanitary blocks
shall be laid in glazed tiles or otherwise finished to provide a smooth
polished impervious surface upto height of at least 90 centimetre.
(4) All
such accommodation shall be maintained in a clean and sanitary condition at all
times. The floors, side walls and the sanitary pans of latrines and urinals
shall be thoroughly swept and cleaned at least once in a day with suitable
detergents or disinfectants or with both.
(5) Every
latrine shall be under cover and so partitioned off as to secure privacy and
shall have a proper door and fastenings.
(6) The
walls, ceilings and partitions of every latrine and urinal shall be whitewashed
or colour-washed and the white-washing or colour-washing shall be repeated at
least once in four months and record maintained.
(7) Where
piped water supply is available sufficient number of water taps, conveniently
accessible shall be provided in or near such latrine accommodation.
(8) Where
piped water supply is not available provision shall be made to store adequate
quantity of water near the latrine.
98. Spittons.-
(1) In
every portion of a dock including warehouses and store places, sufficient
number o spittons shall be provided in convenient places and they shall be
maintained in a clean and hygienic condition.
(2) No
person shall spit in the dock area except in the spittons provided for the
purpose and a notice containing this provision shall be prominently displayed
at suitable places.
(3) Whoever
spits in contravention of sub-regulation (2) shall be punishable with a fine
not exceeding one hundred rupees.
(4) The spittons shall be
of an approved type.
(5) The spittons shall be
emptied, cleaned and disinfected at least once in every day.
99. Ventilation and
temperature in dock area including reefer holds on ships. -
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Effective
and suitable provision shall be made in every dock for securing and maintaining
in every building or an enclosure or a reefer hold or chamber or reefer
container where dock workers are employed adequate ventilation by the
circulation of fresh air and such temperature and air movement as will secure
to dock workers therein reasonable conditions of comfort and prevent injury to
health.
100. Washing
facilities. -
(1) In
every dock, rest shed, call stand and canteen, adequate and suitable facilities
for washing shall be provided and maintained for the use of the dock workers
and such facilities shall be conveniently accessible and shall be kept in clean
and orderly condition. Washing facilities shall include glazed wash basins with
taps attached thereto.
(2) Where
dock workers are exposed to skin contamination by poisonous, infection or
irritation substances or oil grease or dust, adequate number of shower-baths
enclosed in individual compartments, with entrances suitably screened shall be
provided.
(3) These facilities shall
be provided in every dock on the scale laid down in Schedule VIII.
(4) The
floor or ground under and in the immediate vicinity of every wash basin, stand
pipe and shower shall be so laid or finished as to provide a smooth impervious
surface and shall be adequately drained.
(5) The
water supply of the washing facilities shall be adequate having regard to the
number of dock workers employed in the dock, and shall be from a source
approved in writing by the Health Officer of the Port.
101. First-aid boxes.
-
(1)
In every dock and on board every ship there shall be provided and maintained so
as to be readily accessible during all working hours, sufficient number of
first-aid boxes or cupboards:
Provided
that the distance of the nearest first-aid box or cupboard shall not be more
than 200 metres from any working place.
(2) Nothing
except appliances or requisites for first-aid shall be kept in the boxes and
cupboards. All such boxes and cupboards shall be so kept that they are
protected against contamination by dust or other foreign matters and against
penetration of moisture. They shall be kept in the charge of a responsible
person who is trained in first-aid treatment and who shall always be readily
available during working hours.
(3) Each
first-aid box or cupboard shall be distinctly marked "First-Aid" and
shall be equipped with the articles specified in Schedule VI.
102. Ambulance room.-
(1) In
every dock or in any part of a dock where dock workers are ordinarily employed,
there, shall be provided and maintained an ambulance room with effective
communication system and shall be in the charge of a qualified nurse who shall
always be readily available during all working hours and the ambulance room
shall be in overall charge of a qualified medical practitioner.
(2) The
ambulance room shall be a separate room used only for the purpose of first-aid
treatment and rest. It shall have a floor area of at least ten square metre and
smooth, hard and impervious walls and flooring and shall be adequately
ventilated and lighted by both natural and artificial means. An adequate supply
of wholesome drinking water shall be provided and the room shall be equipped
with the articles specified in Schedule V.
(3) A
record of all cases of accidents and sickness treated at the ambulance room
shall be kept and produced to the Inspector on demand.
103. Ambulance
carriage.-
There shall be
provided for use at every dock a suitably constructed motor ambulance carriage
and launch which shall
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be
maintained in good condition for the purpose of removal of serious cases of
accident and sickness.
104. Stretchers. -
A
sufficient number of suitable stretchers including a Neil Robertson Stretcher
or any other suitable sling stretcher, shall be provided at every dock at
convenient places so as to be readily available in an emergency.
105. Shelters or rest
sheds and lunch rooms. -
(1) In every dock wherein more than 150 dock workers are
ordinarily employed, adequate and suitable shelters or rest sheds and suitable
lunch rooms with provision for drinking water and washing facilities, where
dock workers can eat meals brought by them, shall be provided at convenient
places and maintained for their use:
Provided
that any canteen maintained in accordance with regulation 106 shall be regarded
as part of the requirement of this regulation: Provided further that, where a
lunch room is provided no dock worker shall eat any food in the precincts of
the dock except in such lunch rooms.
(2) Covered
receptacles shall be provided and used for disposal of food and litter in every
rest shed. These receptacles shall be emptied at least once in every shift.
(3) The
shelters or rest rooms and lunch rooms to be provided under sub-regulation (1)
shall be sufficiently lighted and ventilated and shall be maintained in a cool
and clean condition.
106. Canteens. -
(1) In
any dock or in any part of dock wherein more than 250 dock workers are
ordinarily employed, or are waiting to be employed, adequate canteen facilities
in or near the work area shall be provided and maintained by the Port
Authorities and dock labour boards for the use of all dock workers. The canteen
shall function at all times when twenty-five or more dock workers are employed
at a time.
(2) The canteens shall
conform to the requirements laid down in Schedule IX.
(3) An
adequate number of mobile canteens shall be provided at every dock with
provision for serving tea and light refreshments.
107. Medical
examination of dock workers. -
(1) It shall be
ensured that all dock workers undergo medical examination.-
(a) before
he is employed for the first time; or is being selected or trained for the
operation of lifting appliances and transport equipment;
(b) periodically,
at such intervals as may be considered necessary by the Chief Inspector in view
of the risks inherent In the dock work and the conditions under which the dock
work is performed.
(2)
(a) Wherever considered necessary the medical examination shall also, include
X-ray and pathological laboratory examination and
(b)
the medical examinations prescribed under sub-regulation 1 (a), (b) and 2 (a)
shall be in accordance with Schedule XI and no dock worker shall be charged for
the same.
(3) In
the case of dock workers exposed to special occupational health hazards, the
periodical medical examination shall include any special investigation deemed
necessary for the diagnosis of occupational diseases.
(4) The
details of the medical examination shall be suitably recorded and shall be made
available to the Inspector on demand.
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(5)
If the medical officer is of the opinion that the dock worker so examined is
required to be taken away from the dock work for health protection he may
direct the Port Authorities or Dock Labour Board or the other employers of dock
workers accordingly, as the case may be. However, the dock worker so taken away
shall be provided with alternate placement unless he is in the opinion of the
medical officer, fully incapacitated in which case the worker affected may be
suitably rehabilitated.
108. Notices. -
Notices shall be
exhibited in prominent positions at every dock stating.-
(a) the position of
nearest first-aid box or cupboard and the place where the person-in-charge
thereof can be found.
(b) the position of the
ambulance room, the stretchers or other appliances; and
(c) the
position of the ambulance carriage and launch, the location of the nearest
telephone and the name and telephone number of the hospital or other place from
where such carriage or launch can be obtained.
109. Welfare Officers.
-
(1) Every
Post Authority and Dock Labour Board shall employ a number of welfare officers
with duties, qualifications and conditions of service as laid down in Schedule
X.
(2) Every
other employer of dock worker shall employ at least one welfare officer,
provided that the employers may form a group and appoint welfare officer for the
group as specified in Schedule X with the written permission of the Chief
Inspector.
110. Statement of
accidents, etc.-
The
Port Authorities, the dock labour boards and other employers of dock workers
shall furnish to the Inspector the monthly statement of reportable accidents
under these regulations in Form XIII.
111. Training of dock
workers, responsible persons, etc.-
(1) Initial
and periodic training shall be imparted to all categories of dock workers,
responsible and authorised persons depending upon their nature of work and
skill required for performing their duties. Safety aspects and precautions to
be taken in pursuance of the provisions under the Act and the regulations shall
be covered in the training.
(2) All
first-aid personnel shall be imparted training including refresher courses by a
qualified medical officer authorised for the purpose.
112. Emergency action
plans. -
AII
the ports shall have an approved emergency action plan acceptable to the Chief
Inspector to handle the emergencies like,-
(a) fires and explosions;
(b) collapse of lifting
appliances, buildings, sheds, etc;
(c) gas leakages and
spillage of dangerous goods;
(d) drowning of dock
workers, sinking of vessels, retrieval of transport equipment from dock basins;
and
(e) floods, storms and
other natural calamities.
f
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The abstracts of the
Act and of the regulations made thereunder in Form X and XI shall be displayed
in every dock.
114. Safety
Committee.-
(1) At every port there shall be constituted a safety
committee which shall be headed by an officer not below the rank of Deputy
Chairman of the Port. The main functions of the safety committee shall be-
(a) to investigate into
the causes of accidents and unsafe practices in dock work and to suggest
remedial measures;
(b) to
stimulate interest, of employers and workers in safety by organising safety
weeks, safety competitions, talks and film shows on safety, preparing posters
or taking similar other measures;
(c) to go
round the dock with a view to check unsafe practices and detect unsafe
conditions and to recommend remedial measures for their rectification;
(d) to organise training
programmes for the supervisory staff and workers;
(e) to
look into the health hazards associated with handling different types of
cargoes and to suggest remedial measures Including use of proper personal
protective equipment; and
(f) to
suggest measures for improving welfare amenities inside the docks and other
miscellaneous aspects of safety, health and welfare in dock work.
(2) The
safety committee shall be constituted by the Chairman of the port and shall
include besides port officials, representatives of port users, the recognised
labour unions and the Chief Inspector.
(3) The
safety committee shall meet at regular intervals at least once in every
quarter, and minutes of the meetings shall be circulated to the concerned
departments of the Port, agencies and organisations.
(4) The
decisions and recommendations of the safety committee shall be complied with by
the port authorities, port users and the employers of dock workers.
115. Occupational
health services for dock workers. -
(1)
In every Port there shall be either a special medical service or an occupational
health service available all times, and it shall have the following functions,-
a) provision of
first-aid and emergency treatment;
(b) conducting
pre-employment, periodical and special medical examinations of dock workers;
(c) periodical training of
first-aid personnel;
(d) surveillance
and rendering advice on conditions at work-places and facilities that can
affect the health of dock workers;
(e) promotion of health
education including family welfare among dock workers; and
(f) co-operation
with the competent authority or Inspector in the detection, measurement and
evaluation of chemical, physical or biological factors suspected of being
harmful to the dock workers.
(2)
The medical service shall collaborate with the labour department or any other
concerned department or service of the port in matters of treatment, job
placement, accident, prevention and welfare of dock workers.
n n n
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(4) The
medical services shall be located at ground level, be conveniently accessible
from all workplaces of the port or dock, be so designed as to allow stretcher
cases to be handled easily and so far as practicable, shall not be exposed to
excessive noise, dust or other nuisance.
(5) The
premises of the medical service shall comprise at least a waiting room, a
consulting room, a treatment room and laboratory, apart from suitable
accommodation for nurses and other personnel.
(6) Rooms for waiting,
consultation and treatment shall:
(a) be spacious, suitably
lighted and ventilated and wherever necessary heated or air cooled; and
(b) have washable walls,
floor and fixtures.
(7) The
medical service shall be provided with appropriate medical and laboratory
facilities and such documentation as it may require for its work.
(8) The
medical service shall keep and maintain records pertaining to medical
examination of dock workers and other activities and shall provide adequate
information on.-
(a) the dock workers state
of health; and
(b) the nature,
circumstances and outcome of occupational injuries.
116. The employer's
general obligations. --
(1) The
employer shall take all necessary steps, which, considering the kind of work,
working conditions and the worker's age, sex, professional skill and other
qualifications, are reasonably necessary for protecting the worker from being
exposed to risks of accidents or injury to health at work.
(2) The
employer shall make sure that the work place, its approaches and means of
access conform to these regulations and are also otherwise in a safe condition.
(3) The
employer shall take into account the workers training skill and experience when
workers are set to work. A worker shall not be assigned a work for which he has
not received sufficient instructions regarding possible dangers and precautions
in the work, taking into account his training, skill and experience.
117. General Safety.-
No
employer or dock worker shall negligently or wilfully do anything likely to
endanger life, safety and health of dock workers, or negligently or wilfully
omit to do anything necessary for the safety and health for the dock worker
employed in dock work.
118. Repeal and
Saving.-
The
Indian Dock Labourers Regulations, 1948 and Dock Workers (Safety, Health and
Welfare) Scheme, 1961 are hereby repealed:
Provided
that any action taken or order issued under the said Regulations or the Scheme,
shall as the case may be in so far as it is not inconsistent with these
regulations, be deemed to have been taken or issued under the corresponding
provisions of these regulations.
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