SHIPPING AND PORT CONTROL (CARGO HANDLING) REGULATIONS
Title
SHIPPING AND PORT CONTROL (CARGO HANDLING) REGULATIONS
Description
SHIPPING AND PORT CONTROL (CARGO HANDLING)
REGULATIONS
ARRANGEMENT OF REGULATIONS
Regulation....................................... Page
PART I
PRELIMINARY
1. Citation and commencement .............. ... ... ... ... ... ... B 3
2. Interpretation ............................ ... ... ... ... ... ... B 3
3. Application ............................ ... ... ... ... ... ... B 4
PARTII
SAFE MEANS OF ACCESS AND SAFE
WORKPLACES
4. Duty to comply with this Part ......... ... ... ... ... ... ... B 4
5. Safe means of access to vessels .......... ... ... ... ... ... ... B 4
6. Safe means of access when vessels alongside each other ... ... ... B 5
7. Safe means of access to holds ......... ... ... ... ... ... ... ... B 5
8. Lighting of workplaces ................... ... ... ... ... ... ... B 6
9. Ventilation and protection against fumes, etc . ... ... ... ... ... B 7
10.................Gear for lifting beams .... ... ... ... ... ... ... ... ... ... B 7
11..........................Marking on hatch coverings and beams ... ... ... ... ... ... B 7
12..........................Maintenance of hatch coverings and beams ... ... ... ... ... ... B 7
13.....................................Hand grips and locking devices on hatch coverings and hatch beams ... B 7
14..........................Safety in removing and replacing beams ... ... ... ... ... ... B 7
15..........................Power operated hatch coverings and hull doors ... ... ... ... ... B 8
PART III
LIFTING APPLIANCES AND
LIFTING GEAR
16.....................Duty to comply with this Part ... ... ... ... ... ... ... ... B 8
17.....................Safe lifting appliances and gear ... ... ... ... ... ... ... ... B 8
18................Markings on lifting gear ... ... ... ... ... ... ... ... ... ... B 8
19.....................Prohibitions regarding lifting gear ... ... ... ... ... ... ... ... B 8
20............................Testing and examination of lifting appliances ... ... ... ... ... B 9
21.................Testing of lifting gear 1 ... ... ... ... ... ... ... ... ... B 9
22............Testing of ropes ............... ... ... ... ... ... ... ... ... ... B 9
23.....................Certificates to be obtained, etc. 1 ... ... ... ... ... ... ... ... B 10
24.....................Safe working load of pulley blocks ... ... ... ... ... ... ... B 10
25............................Safe working loads for cranes and slings, etc . ... 1 ... ... ... B 10
26..........................Shortening of chains and their protection ... ... ... ... ... ... B 11
27.................Fencing of motors, etc . ... ... ... ... ... ... ... ... ... ... B11
28.................Safeguards on cranes, etc. ... ... ... ... ... ... ... ... ... B 11
29.....................Driver's platform on cranes, etc . ... ... ... ... ... ... ... ... B 11
30. Measures regarding stem B11
Regulation PART IV Page
CARGO HANDLING
31.....................Duty to comply with this Part ... . ... ... ... ... ... B11
32..................Means of escape of workers ... ... ... ... ... ... ... ... ... B 12
33.......................Safe working load not to be exceeded ... ... ... ... ... ... ... B 12
34................................Competent person to be in charge of lifting appliances ... ... ... B 12
35.......................Operators of lifting appliances, etc. ... ... ... ... ... ... ... B 12
36..................Deck-stages or cargo-stages ... ... ... ... ... ... ... ... ... B 12
37..............Fencing of hatches ............. ... ... ... ... ... ... ... ... B 12
38.......................Loading or unloading by fall or sling ... ... ... ... ... ... ... B 13
39...........Use of hooks ................... ... ... ... ... ... ... ... ... B 13
40...........Provision of staging ........ ... ... ... ... ... ... ... ... ... ... B 13
41.........Shoring ....................... ... ... ... ... ... ... ... ... B 13
42..............Securing of beams ........... ... ... B 13
43..................Employment of signallers ... ... ... ... ... ... ... ... ... B 14
PART V
MISCELLANEOUS
PRODUCTIONS
44..................Duty to comply with this Part ... ... 1 ... ... ... ... ... B 14
45.......................Unauthorized removal of fencing, etc . ... ... ... ... ... ... ... B 14
46....................Safe means of access to be used ... ... ... ... ... ... ... ... B 14
47....................Prohibition on going upon beams ... ... ... ... ... .... ... ... B 14
PART VI
MISCELLANEOUS
PROVISIONS
48.........................Prohibition on use of appliances or gear ... ... ... ... ... ... B 14
49.............................Obligation of employers to comply with regulations ... ... ... ... B 14
50................Issue of certificates, etc . ... ... ... ... ... ... ... ... ... ... B is
51.......................Production of registers for inspection ... ... ... ... ... ... ... B 15
52................Reciprocal arrangements ... ... ... ... ... ... ... ... ... ... B is
53................Duty to report accidents ... ... ... ... ... ... ... ... ... ... B is
54......Forms ............................... ... ... ... ... ... ... ... B 16
PART VII
OFFENCES AND PENALTIES
55....................Offences by owners, masters etc . ... ... ... ... ... ... ... ... B 16
56...........................Offences by owners of lifting appliances, etc . ... ... ... ... ... B 16
57...........................Offences by persons carrying on cargo handling ... ... ... ... ... B 16
58. Contraventions of Part V B 16
59. Offence by employers B 16
60. Offences by competent examiners, etc . ... ... ... ... ... ... ... ... B 17
61. Offence for failure to produce register, etc . ... ... ... ... ... ... ... B 17 Schedule ... ... ... ...
... ... ... ... ... ... ... ... ... ... ... ... ... B 17
SHIPPING AND PORT CONTROL (CARGO HANDLING) L.N. 287178.
REGULATIONS
(Cap. 313, section 80)
[29th December, 1978.1
PART I
PRELIMINARY
1. (1) These regulations may be cited as the Shipping and Citation and
Port Control (Cargo Handling) Regulations. commencement.
(2) Subject to paragraph (3), these regulations shall come into
operation on the 29th December 1978.
(3) Regulations 19(1), 20, 21(1) and (3), 22(1)(b), 23, 24, 25 and 5 1
shall come into operation on the 1 st July 1979.
2. In these regulations, unless the context otherwise requires Interpretation.
'competent examine?' means a person who, by reason of his
qualifications, training and experience, is competent to carry out
any test or examination of a lifting appliance or lifting gear for the
purposes of these regulations;
-competent person' means a person who, by reason of his training and
practical experience, is competent to perform an inspection or other
duty required to be carried out by a competent person for the
purposes of these regulations;
'hatch' means an opening in a deck used for the purpose of loading or
unloading a vessel or for trimming, or for ventilation;
'hatchway' means the whole space within the square of the hatches,
from the top deck to the bottom of the hold;
'owner' in relation to a lifting appliance or lifting gear, includes the
lessee or hirer thereof, and any overseer, foreman or other person in
charge or having the control or management of the lifting appliance
or lifting gear;
'person employed' means a person employed in cargo handling;
'pulley block' means a pulley, block, gin or similar gear, other than a
crane block specially constructed for use with a crane to which it is
permanently attached;
'register' means a register, in the specified form, of lifting appliances
and lifting gear;
'safe working load', in relation to a lifting appliance or lifting gear,
means
(a)the appropriate safe working load for operating the lifting
appliance or lifting gear as specified in the current certificate of
test and examination delivered in the specified form by a
competent examiner in respect of that lifting appliance or lifting
gear for the purposes of these regulations; or
(b)where no such certificate is required, the relevant safe working
load marked or ascertainable in accordance with regulation 25;
'.specified form' means a form specified by the Director under regulation
54 for any particular purpose of these regulations or a form
substantially similar to a form so specified;
'test and examination-, in respect of a lifting appliance or lifting gear,
means a test and examination in the manner set out in the
Schedule;
'thorough examination', in respect of a lifting appliance or lifting gear,
means a visual examination, supplemented if necessary by other
means such as a hammer test, carried out as carefully as the
conditions permit, in order to arrive at a reliable conclusion as to
the safety of the parts examined; and if necessary for the purpose,
by the dismantling of the parts of the lifting appliance or lifting
gear;
'workplace' means any place on a vessel in which persons employed
carry on cargo handling.
3. (1) Subject to paragraph (2), these regulations apply to all lifting
appliances and lifting gear used for cargo handling on board vessels.
(2) These regulations do not apply to lifting appliances and lifting
gear used from a place on land for cargo handling.
PART 11
SAFE MEANS OF ACCESS AND SAFE WORKPLACES
4. It shall be the duty of the owner, master or officer in charge of a
vessel to comply with this Part.
5. (1) Subject to paragraph (3), if a vessel is lying at a wharf or quay
for the purpose of loading or unloading cargo, there shall be safe means
of access for the use of persons employed at such times as they have to
pass from the vessel to the shore or from the shore to the vessel.
(2) For the purposes of paragraph (1), the safe means of access
shall be
(a)where reasonably practicable, the vessel's accommodation
ladder, a gangway or a similar construction, not less than 550
mm wide, properly secured to prevent its displacement,
constructed of materials of good quality and in good
condition, and securely fenced throughout on each side to a
clear height of not less than 820 mm, by means of upper and
lower rails, taut ropes or chains or by other equally safe means,
except that in the case of a vessel's accommodation ladder
such fencing shall be necessary on one side only provided
that the other side is properly protected by the vessel's side;
(b)in other cases, a ladder of sound material and adequate length
which shall be properly secured to prevent its displacement.
(3) This regulation shall not apply to-
(a)cargo stages or cargo gangways if other proper means of
access. is provided in accordance with these regulations;
(b)any vessel which is 50 m or less in length, if and while the
conditions are such that it is possible without undue risk to
pass to and from the vessel without the aid of any special
appliances.
6. (1) If a vessel is alongside any other vessel and persons
employed have to pass from one to the other, safe means of access shall
be provided for their use, unless the conditions are such that it is
possible to pass from one to the other without undue risk without the
aid of any special appliances.
(2) If one of such vessels is a barge, lighter or other similar vessel
of relatively low freeboard, the means of access shall be provided by the
vessel which has the higher freeboard.
7. (1) Where persons employed have to carry on cargo handling in a
hold the depth of which from the level of the deck to the bottom of the
hold exceeds 1.5 m, there shall be maintained safe means of access from
the deck to the hold for the use of persons employed.
(2) Save as otherwise provided in this regulation, the safe means of
access shall be afforded by ladder, or by ladder cleats or cups on the
coamings.
(3) The means of access provided under paragraph (2) shall not be
deemed to be safe
(a)unless the ladders between the lower decks are in the same
line as the ladder from the top deck, if that is practicable
having regard to the position of the lower hatch or hatches;
(b)unless the ladders provide a foothold of a depth, including any
space behind the ladder, of not less than 115 mm for a width of
not less than 250 mm and a firm handhold,
(c) unless the cleats or cups provided on coamings-
(i) provide a foothold of a depth, including any space
behind the cleats or cups, of not less than 115 mm for a width
of not less than 250 mm and a firm handhold;
(ii) are so constructed as to prevent a person's foot slipping
off the side; and
(iii) are placed vertically one above the other and in the
same line as the ladders to which they give access;
(d)unless the cargo is stowed sufficiently far from the ladder to
leave at each rung of the ladder a foothold of a depth, including
any space behind the ladder, of not less than 115 mm for a
width of not less than 250 mm and a firm handhold;
(e)unless there is room to pass between a winch or other
obstruction and the coamings at the place where the ladder
leaves the deck;
if the ladder is recessed under the deck more than is
reasonably necessary to keep the ladder clear of the
hatchway.
(4) The safe means of access may be provided-
(a)where the provision of a ladder on a bulkhead or in a trunk
hatchway can be shown to be reasonably impracticable, by
cleats or cups complying with the requirements of paragraph
(3)(c);
(b)by ladders or steps, separate from any hatchway or sloping
from deck to deck, if such ladders or steps comply with the
requirements of paragraph (3)(b), (d) and (e).
(5) Sufficient free passage to the means of access shall be left at the
coamings.
(6) Shaft tunnels shall be equipped with adequate handholds and
footholds on each side.
8. When cargo handling is being carried on on a vessel-
(a) all workplaces;
(b)the means of access provided in pursuance of regulations 5
and 6; and
(c)all parts of the vessel to which persons employed may be
required to proceed in the course of their employment,
shall be efficiently lighted, due regard being had to the safety of the
vessel and cargo, of all persons employed and of the navigation of other
vessels.
9. (1) Effective and suitable provision shall be made for the
adequate ventilation of every workplace, or other place on a vessel to
which persons employed are permitted access, or are required to have
access, in the course of their employment.
(2) Where in any place referred to in paragraph (1)
(a) the proportion of oxygen in the air is liable to have been
substantially reduced below the normal proportion; or
(b)there exists, or is likely to exist, any fume, gas, vapour, dust or
other impurity in the air that may be injurious to health,
such place shall, so far as practicable, be adequately ventilated before
any person is permitted to enter and remain therein and all practicable
measures shall be taken to protect the persons employed therein against
inhalation of such air, fume, gas, vapour, dust or other impurity.
10. All beams used for hatch coverings shall have suitable gear for
lifting them on and off without it being necessary for any person to go
upon them to adjust such gear.
11. (1) All hatch coverings shall be kept plainly marked to indicate
the deck and hatch to which they belong and their position therein,
except that such marking shall not be required in cases where all the
hatch coverings of a vessel are interchangeable or, in respect of marking
of position, where all hatch coverings of a hatch are interchangeable.
(2) Paragraph (1) shall apply to beams used for hatch coverings as
it applies to hatch coverings.
12. All beams used for hatch coverings, and all hatch coverings,
shall be maintained in good condition.
13. (1) Adequate hand grips shall be provided on all hatch
coverings, having regard to their size and weight, unless the
construction of the hatch or the hatch coverings is of a character
rendering the provision of hand grips unnecessary.
(2) All beams used for hatch coverings, and all hatch coverings of a
type that do not require hatch beams for support, shall be fitted with
adequate locking devices to prevent their displacement by a passing
load or in any other circumstances.
14. Where the working space around a hatch is less than 600 mm
wide, such provision shall be made as will enable persons employed to
remove and replace in safety all beams used for hatch coverings and all
hatch coverings.
15. (1) Power operated hatch coverings shall not be operated,
opened or closed by any person other than a competent person or
whilst any person is liable to be injured by the hatch coverings during
any such process.
(2) Paragraph (1) shall also apply to any power operated door in the
hull of a vessel, ramp, retractable deck or similar ship's equipment.
PART 111
LIFTING APPLIANCES AND LIFTING GEAR
16. It shall be the duty of the owner of a lifting appliance or lifting
gear, and in the case of a lifting appliance or lifting gear carried on board
a vessel it shall also be the duty of the master of the vessel, to comply
with this Part.
17. No lifting appliance or lifting gear shall be used for hoisting or
lowering unless
(a)it is of good mechanical construction and design, made of
strong and sound materials, and free from patent defect;
(b)it is properly maintained in safe working condition and is
properly installed and rigged for use in a safe and proper
manner;
(e)in the case of a lifting appliance, the arrangements for fixing
and anchoring the lifting appliance are adequate to secure its
safety; and
(d)in the case of a derrick, adequate measures are taken to
prevent the foot of the derrick being accidentally lifted out of
its socket or support.
18. (1) Every grab, lifting beam, lifting frame, vacuum lifting or
magnetic lifting device which does not form an integral part of a lifting
appliance shall be clearly marked with its own weight.
(2) All markings required under this regulation shall be readily
legible and done in such a manner that they shall not affect the strength
of the gear or appliance.
19. (1) No item of lifting gear made of wrought iron or having any
part made of wrought iron shall be used in cargo handling.
(2) No heat treatment shall be applied to any item of lifting gear
made of steel or having any part made of steel unless the treatment is
carried out under the supervision of a competent person and in
accordance with his requirements.
20. (1) Before being taken into use and after any substantial
alteration or repair to any stress-bearing part, all lifting appliances
shall have been tested and examined by a competent examiner.
(2) After being taken into use-
(a)all derricks and permanent attachments, including bridle
chains, to the derrick, mast and deck, used in hoisting or
lowering shall be inspected by a competent person once
at least in every 12 months and be thoroughly examined
by a competent examiner once at least in every 4 years;
(b)all other lifting appliances shall be thoroughly examined
by a competent examiner once at least in every 12 months.
21. (1) Subject to paragraph (3), no chain, ring, hook,
shackle, swivel or pulley block shall be used in hoisting or lowering
unless it has been tested and examined by a competent examiner.
(2) Where the Director is of opinion that, owing to the size,
design, material or infrequency of use of any gear or class of gear
specified in this regulation the requirement of this regulation as to
testing and examination is not necessary for the protection of
persons employed, he may by certificate in writing (which he may
at his discretion revoke) exempt such gear or class of gear from such
requirement subject to such conditions as may be specified in the
certificate.
(3) All chains, other than bridle chains attached to derricks
or masts, and all rings, hooks, shackles, swivels and pulley blocks
shall be thoroughly examined by a competent examiner once at
least in every 12 months and shall be inspected by a competent
person immediately before each occasion on which they are used in
hoisting or lowering, unless they have been inspected within the
preceding 3 months.
(4) All chains, rings, hooks, shackles or swivels used in
hoisting or lowering which have been lengthened, altered or repaired
by welding shall before being again taken into use be adequately
tested and re-examined by a competent examiner.
22. (1) No rope shall be used in hoisting or lowering-
(a)unless it is of suitable quality and free from patent defect;
and
(b)in the case of wire rope, unless it has been tested and
examined by a competent examiner.
(2) Every wire rope in general use for hoisting or lowering
shall be inspected by a competent person once at least in every 3
months, except that after any wire has broken in such rope it shall
be inspected once at least in every month.
(3) No wire rope shall be used in hoisting or lowering if in
any length of 8 diameters the total number of visible broken wires
exceeds 10 per cent of the total number of wires, or the rope shows
signs of excessive wear, corrosion or other defect which, in the
opinion of the person who inspects it, renders it unfit for use.
(4) A thimble or loop splice made in any wire rope shall have
at least 3 tucks with a whole strand of the rope and 2 tucks with
one half of the wires cut out of each strand, and the strands in all
cases shall be tucked against the lay of the rope:
Provided that this paragraph shall not operate to prevent the
use of another form of splice which can be shown to be as efficient
as that laid down in this paragraph.
23. (1) Where a competent examiner tests and examines a
lifting appliance as required by regulation 20, or a lifting gear as
required by regulation 21 or 22, a certificate of test and examination
in the appropriate form containing all the particulars required to be
entered in the certificate with regard to the test and examination
shall be obtained from the competent examiner and attached to the
register in respect of the lifting appliance or lifting gear, as the case
may be, before the lifting appliance or lifting gear is taken into use
in connexion with cargo handling.
(2) Where a competent examiner thoroughly examines a lifting
appliance as required by regulation 20, or a lifting gear as required
by regulation 21, it shall be ensured that the competent examiner
enters in the register in respect of the lifting appliance or lifting
gear, as the case may be, a certificate of thorough examination and
all the particulars required to be entered in the register with regard
to the examination before the lifting appliance of lifting gear is
taken into use in connexion with cargo handling.
(3) Where a competent person inspects a lifting appliance as
required by regulation 20, or a lifting gear as required by regulation
21 or 22, it shall be ensured that the competent person enters in the
register in respect of the lifting appliance or lifting gear, as the case
may be, a certificate of inspection and all the particulars required
to be entered in the register with regard to the inspection before the
lifting appliance or lifting gear is taken into use in connexion with
cargo handling.
(4) The register in respect of a lifting appliance or lifting gear
shall be available for inspection under regulation 51 on the vessel
on which the lifting appliance or lifting gear is used.
24. No pulley block shall be used in hoisting or lowering unless
the safe working load is clearly stamped upon it.
25. (1) Every crane and derrick shall have the safe working
load plainly marked upon it.
(2) Means shall be provided to enable any person using a
chain or wire rope sling to ascertain the safe working load for such
chain or sling under such conditions as it may be used.
(3) Chain slings shall be marked with the safe working load in plain
figures or letters upon the sling or upon a tablet or ring of durable
material attached securely thereto.
(4) Wire rope slings shall be marked in the manner specified in
paragraph (3) or a notice or notices shall be so exhibited as to be easily
read by any person concerned, stating the safe working loads for the
various sizes of wire rope slings used.
26. (1) Chains shall not be shortened by tying knots in them.
(2) Suitable packing shall be provided to prevent the links of chains
coming into contact with sharp edges of loads of hard material.
27. All motors, cog-wheels, chain and friction gearing, shafting, live
electric conductors and steam pipes shall (unless it can be shown that
by their position and construction they are equally safe to every person
employed as they would be if securely fenced) be securely fenced so far
as is practicable without impeding the safe working of the vessel.
28. Cranes and winches shall be provided with such means as will
reduce to a minimum the risk of the accidental descent of a load while
being hoisted or lowered.
29. The driver's platform on every crane driven by mechanical
power shall be securely fenced and shall be provided with safe means of
access and where access is by ladder--
(a)the sides of the ladder shall extend to a reasonable distance
beyond the platform or some other suitable handhold shall be
provided;
(b)the landing place on the platform shall be maintained free from
obstruction;
(c)in cases where the ladder is vertical and exceeds 9 m in height,
a resting place shall be provided approximately midway
between the platform and the foot of the ladder.
30. Adequate measures shall be taken to prevent exhaust steam
from, and so far as is practicable live steam to, any crane or winch
obscuring any part of the working place at which persons employed are
engaged in cargo handling.
PART A IV
CARGO HANDLING
31. (1) Subject to paragraph (2), it shall be the duty of every person
who by himself, his agents or workmen carries on the processes of cargo
handling, and of all agents, workmen and persons ploemyed by him in
cargo handling, to comply with this Part.
(2) Where cargo handling is carried on by a stevedore or other
person other than the owner of the vessel, it shall be the duty of the
owner, master or officer in charge of the vessel to comply with
regulation 37, so far as it concerns any hatch not taken over by the
stevedore or other person for the purpose of cargo handling.
32. Precautions shall be taken to facilitate the escape of persons
employed in a hold or on 'tween decks in dealing with bulk cargo.
33. (1) Subject to paragraph (2), no lifting appliance or lifting gear
shall be loaded beyond the safe working load.
(2) Paragraph (1) shall not apply where a lifting appliance or lifting
gear is being tested and examined.
34. No load shall be left suspended from any lifting appliance
unless there is a competent person in charge of the lifting appliance
while the load is so left.
35. No person under 18 years of age and no person who is not
sufficiently competent and reliable shall be employed to operate any
lifting appliance, whether driven by mechanical power or otherwise, or
to give signals to the operator of such appliance, or to attend to falls on
winch ends or winch drums.
36. (1) No deck-stage or cargo-stage shall be used in cargo
handling unless it is substantially and firmly constructed, adequately
supported and, where necessary, securely fastened.
(2) No truck shall be used for carrying cargo between a vessel and
the shore on a stage so steep as to be unsafe.
(3) Any stage which is slippery shall be made safe by the use of
sand or otherwise.
37. (1) Subject to paragraph (3), while persons employed are on a
vessel for the purpose of cargo handling, every hatchway of a cargo
hold accessible to the persons employed which exceeds 1.5 m in depth
from the level of the deck to the bottom of the hold, and which is not
protected to a clear height of 750 mm by the coamings, shall, when not in
use for the passage of goods or other material, or for trimming, be
securely fenced to a height of 900 mm or be securely covered.
(2) Fencing as required under paragraph (1) shall be provided when
necessary to protect all other openings in a deck which might be
dangerous to the persons employed.
(3) This regulation shall not apply to-
(a)any vessel which is 50 m or less in length and which has only
one hatchway; and
(b)any vessel during meal times or other short interruptions of
work during the period of employment.
(4) Hatch coverings shall not be used in the construction of deck or
cargo stages, or for any other purpose which may expose them to
damage.
(5) Hatch coverings shall be replaced on the hatches in the
positions indicated by the markings made thereon in pursuance of
regulation 11.
38. (1) Subject to paragraph (2), no cargo shall be loaded or
unloaded by a fall or sling at any intermediate deck unless 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, and has been safely fenced or protected by a safety net.
(2) Paragraph (1) shall not apply to any process of unloading the
whole of which will be completed within a period of half an hour.
39. (1) Subject to paragraph (2)-
(a)hooks shall not be made fast in the bands or fastenings of
bales of cotton, wool, cork, gunny bags, or other similar
goods;
(b)can-hooks shall not be used for hoisting or lowering a barrel
when, owing to the construction or condition of the barrel or
of the hooks, their use is likely to be unsafe.
(2) Paragraph (1) shall not apply to breaking out or making up
slings.
40. When work is proceeding on any skeleton deck, adequate
staging shall be provided unless the space beneath the deck is filled
with cargo to within a distance of 600 mm of such deck.
41. Where stacking, unstacking, stowing or unstowing of cargo or
handling in connexion therewith cannot be safely carried out unaided,
reasonable measures to guard against accident shall he taken by shoring
or otherwise.
42. (1) The beams of any hatch in use for cargo handling shall not
be left in place unless the hatch opening is of such a size as to permit
loading or unloading to be carried on without danger to any person in
the hold or space from the load striking against any such hatch beam.
(2) The beams of any hatch in use for cargo handling shall, if not
removed, be adequately secured to prevent their displacement.
43. (1) Subject to paragraph (2), where 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 each fall.
(2) Paragraph (1) shall not apply in cases where a barge, lighter
or other similar vessel is being loaded or unloaded if the driver of the
crane or winch working the fall has a clear and unrestricted view of
both of the holds where work is being carried on.
PART V
MISCELLANEOUS PROHIBITIONS
44. It shall be the duty of all persons, whether owners, persons
in charge of works or persons employed, to comply with this Part.
45. (1) No person shall, unless duly authorized or in case of
necessity, remove or interfere with any fencing, gangway, gear,
ladder, hatch covering, mark, stage or other thing whatsoever
required by these regulations to be provided.
(2) If any thing specified in paragraph (1) is removed, it shall
be restored at the end of the period during which its removal was
necessary by the persons last engaged in the work that necessitated
the removal.
46. Every person employed shall use the means of access pro-
vided in accordance with regulations 5, 6 and 7, and no person shall
authorize or order another to use means of access other than those
so provided.
47. No person shall go upon any beam used for hatch coverings
for the purpose of adjusting the gear for lifting it on and off nor shall
any person authorize or order another to do so.
PART VI
MISCELLANEOUS PROVISIONS
48. No employer of persons employed in cargo handling shall
require or allow any lifting appliance or lifting gear to be used by
such persons which does not comply with Part III.
49. If the persons whose duty it is to comply with regulations
5, 6, 8 and 9 fail so to do, then it shall be the duty of the employers
of the persons employed to comply with such regulations within the
shortest time reasonably practicable after such failure.
50. (1) A competent examiner who tests and examines a lifting
appliance as required by regulation 20, or a lifting gear as required
by regulation 21 or 22, shall deliver to the owner of the lifting ap-
pliance or lifting gear or, in the case of a lifting appliance or lifting
gear carried on board a vessel, to the master of the vessel, a certificate
of test and examination in the appropriate specified form containing
all the particulars required to be entered in the certificate with regard
to the test and examination.
(2) A competent examiner who thoroughly examines a lifting
appliance as required by regulation 20, or a lifting gear as required
by regulation 21, shall, on production to him of the register in
respect of the lifting appliance or lifting gear, enter in the register a
certificate of thorough examination and all the particulars required
to be entered in the register with regard to the examination.
(3) A competent person who inspects a lifting appliance as
required by regulation 20, or a lifting gear as required by regulation
21 or 22, shall, on production to him of the register in respect of the
lifting appliance or lifting gear, enter in the register a certificate
of inspection and all the particulars required to be entered in the
register with regard to the inspection.
51. A register in respect of a lifting appliance or lifting gear
shall, if required by an inspector for the purposes of inspection, be
produced to the inspector-
(a)in the case of a lifting appliance or lifting gear carried on
board a vessel, by the person for the time being in charge
of the vessel, together with the certificate of the vessel's
register; and
(b)in a case other than that to which paragraph (a) applies,
by the owner of the lifting appliance or lifting gear, as the
case may be.
52. If any testing, examining or inspection of lifting appliances
or lifting gear carried out in accordance with the law of any territory
and any certificates and records relating thereto, or any arrangements
adopted by any territory to secure a standard of safety for the
persons employed are, in the opinion of the Director or an inspector,
substantially in accordance with the requirements of these regula-
tions, the provisions of these regulations in that respect shall be
deemed to be complied with.
53. (1) Where arising out of and in the course of any process
of cargo handling-
(a) a person is killed or seriously injured in an accident;
(b)a crane, winch, hoist, derrick or other appliance used in
hoisting or lowering cargo collapses or fails (other than
breakage of a chain or rope sling); or
(c)a person, cargo or equipment is lost overboard from a vessel,
the owner or master of the vessel and the person in control of cargo
handling shall, subject to paragraph (3), report the occurrence
immediately to the Director orally, by means of signals or in writing and
shall furnish to the Director in writing full particulars thereof within 24
hours after the occurrence.
(2) For the purposes of paragraph (1), a person shall be deemed to
be seriously injured if he is admitted to a hospital immediately after he
sustains the injury for observation or treatment.
(3) An owner or master of a vessel shall not be required to report
under paragraph (1) if the occurrence has been reported under section
67 of the Ordinance.
(4) Any person who without reasonable excuse contravenes this
regulation commits an offence and is liable to a fine of $5,000.
.54. For the purposes of these regulations, the Director may specify
such forms as he thinks fit.
PART VII
OFFENCES AND PENALTIES
55. If an owner, master or officer in charge of a vessel contravenes
regulation 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 or 15 he commits an offence and
is liable to a fine of $5,000.
56. If an owner of a lifting appliance or lifting gear, or a master of a
vessel, contravenes regulation 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28,
29 or 30 he commits an offence and is liable to a fine of $5,000.
57. (1) If any person who carries on the process of cargo handling,
or an agent, workman or person employed by him in cargo handling,
contravenes regulation 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42 or 43 he
commits an offence and is liable to a fine of $5,000.
(2) If an owner, master or officer in charge of a vessel contravenes
regulation 37 he commits an offence and is liable to a fine of $5,000.
58. Any person who contravenes regulation 45, 46 or 47 commits
an offence and is liable to a fine of $5,000.
59. If an employer of persons employed contravenes regulation 48
or 49 he commits an offence and is liable to a fine of $5,000.
60. (1) Any competent examiner or competent person who without
reasonable excuse contravenes regulation 50 commits an offence and is
liable to a fine of $5,000.
(2) Any competent examiner who, in pursuance of regulation 50,
delivers a certificate of test and examination or enters in a register a
certificate of thorough examination which to his knowledge is false as to
a material particular commits an offence and is liable to a fine of $5,000.
(3) Any competent person who, in pursuance of regulation 50,
enters in a register a certificate of inspection which to his knowledge is
false as to a material particular commits an offence and is liable to a fine
of $5,000.
61. If a person who is required to produce a register under
regulation 51 fails to do so he commits an offence and is liable to a fine
of $2,000.
SCHEDULE [regs. 2, 20, 21, 22 33.1
PROCEDURE FOR TESTING AND EXAMINING
LIFTING
APPLIANCES AND LIFTING
GEAR
1. (1) Every winch, together with its accessories (including any derrick,
gooseneck, eye-plate, eyebolt or other attachments) shall be tested with a proof
load which shall exceed the safe working load as follows
(a)if the safe working load is less than 20 tonnes, the proof load shall
exceed the safe working load by at least 25 per cent;
(b)if the safe working load is 20 tonnes or more but not more than 50
tonnes, the proof load shall exceed the safe working load by at least 5
tonnes;
(c)if the safe working load is more than 50 tonnes, the proof load shall
exceed the safe working load by at least 10 per cent.
(2) The proof load shall be applied either-
(a) by hoisting movable weights; or
(b) by means of a spring or hydraulic balance or a similar appliance,
with the derrick at an angle to the horizontal which shall be specified in the
certificate of the test.
(3) In the case of sub-paragraph (2)(a), after the movable weights have been
hoisted, the derrick shall be swung as far as practicable first in one direction and
then in the other and in the case of sub-paragraph (2)(b) the proof load shall be
applied with the derrick swung as far as practicable first in one direction and then in
the other.
2. (1) Every crane and every other lifting appliance, together with its
accessories, other than a lifting appliance referred to in paragraph 1, shall be tested
with a proof load which shall exceed the safe working load as follows
(a)if the safe working load is less than 20 tonnes, the proof load shall exceed
the safe working load by at least 25 per cent;
(b)if the safe working load is 20 tonnes or more but not more than 50
tonnes, the proof load shall exceed the safe working load by at least 5
tonnes;
(c)if the safe working load is more than 50 tonnes, the proof load shall
exceed the safe working load by at least 10 per cent.
(2) The proof load shall be hoisted and then swung as far as is practicable
first in one direction and then in the other.
(3) Where a crane with a jib which has a variable vertical operating radius
is to be tested, the test shall be carried out by applying a proof load in accordance
with sub-paragraph (1) at both the maximum radius and the minimum radius
of the jib.
(4) Wherein testing a hydraulic crane or hoist it is, because of the limitation
of pressure, impossible to hoist a load which exceeds the safe working load by
25 per cent, it is sufficient compliance with this paragraph if the crane has the
greatest possible load applied to it.
3. Every item of lifting gear (whether an accessory to any lifting appliance
or not) shall be tested with a proof load in accordance with the following
provisions-
(a)if the item is a chain, ring, hook, shackle, or swivel, the proof load shall
be at least twice the safe working load;
(b)if the item is a single sheave pulley block or if a shackle is attached
thereto, the proof load shall be at least 4 times the safe working load;
(c)if the item is a multiple sheave pulley block with a safe working load of
not more than 20 tonnes, the proof load shall be at least twice the safe
working load;
(d)if the item is a multiple sheave pulley block with a safe working load
of more than 20 tonnes but not more than 40 tonnes, the proof load shall
exceed the safe working load by at least 20 tonnes;
(e)if the item is a multiple sheave pulley block with a safe working load of
more than 40 tonnes, the proof load shall be at least 11 times the safe
working load.
4. After being tested in accordance with paragraph 1, 2 or 3, each lifting
appliance (including its accessories) and all lifting gear shall be examined so as
to ensure that no part of the lifting appliance or lifting gear has been damaged
during the test. For the purpose of carrying out the examinations of a pulley
block the sheaves and pins of the block shall be removed.
5. Where any wire rope is tested, a sample of the rope shall be tested to
destruction, and the safe working load shall not exceed 20 per cent of the breaking
load of the sample tested.
L.N. 287/78. Citation and commencement. Interpretation. Schedule. Application. Duty to comply with this Part. Safe means of access to vessels. Safe means of access when vessels alongside each other. Safe means of access to holds. Lighting of workplaces. Ventilation and protection against fumes, etc. Gear for lifting beams. Marking on hatch coverings and beams, Maintenance of hatch coverings and beams. Hand grips and locking devices on hatch coverings and hatch beams. Safety in removing and replacing beams. Power operated hatch coverings and hull doors. Duty to comply with this Part. Safe lifting appliances and gear. Markings on lifting gear. Prohibitions regarding lifting gear. Testing and examination of lifting appliances. Testing of lifting gear. Testing of ropes. Certificates to be obtained, etc. Safe working load of pulley blocks. Safe working loads for cranes and slings, etc. Shortening of chains and their protection. Fencing of motors, etc. Safeguards on cranes, etc. Driver's platform on cranes, etc. Measures regarding steam. Duty to comply with this Part. Means of escape of workers. Safe working load not to be exceeded. Competent person to be in charge of lifting appliances, etc. Deck-stages or cargo-stages. Fencing of hatches. Loading or unloading by fall or sling. Use of hooks. Provision of staging. Shoring. Securing of beams. Employment of signallers. Duty to comply with this Part. Unauthorized removal of fencing, etc. Safe means of access to be used. Prohibition on going upon beams. Prohibition on use of appliances or gear. Obligation of employers to comply with regulations. Issue of certificates, etc. Production of registers for inspection. Reciprocal arrangements. Duty to report accidents. Forms. Offences by owners, masters etc. Offences by owners of lifting appliances etc. Offences by persons carrying on cargo handling. Contraventions of Part V. Offence by employers. Offences by competent examiners, etc. Offence for failure to produce register, etc.
Abstract
L.N. 287/78. Citation and commencement. Interpretation. Schedule. Application. Duty to comply with this Part. Safe means of access to vessels. Safe means of access when vessels alongside each other. Safe means of access to holds. Lighting of workplaces. Ventilation and protection against fumes, etc. Gear for lifting beams. Marking on hatch coverings and beams, Maintenance of hatch coverings and beams. Hand grips and locking devices on hatch coverings and hatch beams. Safety in removing and replacing beams. Power operated hatch coverings and hull doors. Duty to comply with this Part. Safe lifting appliances and gear. Markings on lifting gear. Prohibitions regarding lifting gear. Testing and examination of lifting appliances. Testing of lifting gear. Testing of ropes. Certificates to be obtained, etc. Safe working load of pulley blocks. Safe working loads for cranes and slings, etc. Shortening of chains and their protection. Fencing of motors, etc. Safeguards on cranes, etc. Driver's platform on cranes, etc. Measures regarding steam. Duty to comply with this Part. Means of escape of workers. Safe working load not to be exceeded. Competent person to be in charge of lifting appliances, etc. Deck-stages or cargo-stages. Fencing of hatches. Loading or unloading by fall or sling. Use of hooks. Provision of staging. Shoring. Securing of beams. Employment of signallers. Duty to comply with this Part. Unauthorized removal of fencing, etc. Safe means of access to be used. Prohibition on going upon beams. Prohibition on use of appliances or gear. Obligation of employers to comply with regulations. Issue of certificates, etc. Production of registers for inspection. Reciprocal arrangements. Duty to report accidents. Forms. Offences by owners, masters etc. Offences by owners of lifting appliances etc. Offences by persons carrying on cargo handling. Contraventions of Part V. Offence by employers. Offences by competent examiners, etc. Offence for failure to produce register, etc.
Identifier
https://oelawhk.lib.hku.hk/items/show/3191
Edition
1964
Volume
v20
Subsequent Cap No.
313
Number of Pages
18
Files
Collection
Historical Laws of Hong Kong Online
Citation
“SHIPPING AND PORT CONTROL (CARGO HANDLING) REGULATIONS,” Historical Laws of Hong Kong Online, accessed May 3, 2025, https://oelawhk.lib.hku.hk/items/show/3191.