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

S.I. No. 322 of 1975.

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

ARRANGEMENT OF REGULATIONS.

PART I. Interpretation and general .

Regulation

1.

2.

3.

4.

5.

6.

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

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

21.

22.

23.

24.

25.

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

26.

27.

28.

29.

30.

31.

PART IV. Raising and Lowering etc.

32.

33.

34.

35.

36.

37.

38.

39.

40.

41.

42.

43.

44.

45.

46.

47.

48.

PART V. Precautions against Asphyxiation Injurious Fumes or Explosions.

49.

50.

51.

52.

53.

54.

55.

56.

57.

58.

59.

60.

61.

62.

63.

64.

65.

66.

67.

68.

69.

PART VI. Miscellaneous Safety Precautions.

70.

71.

72.

73.

74.

75.

PART VII. Protective Wear.

76.

77.

78.

79.

80.

81.

PART VIII. Miscellaneous Health Provisions.

82.

83.

PART IX. Training and Supervision .

84.

85.

PART X. Miscellaneous General Provisions.

86.

87.

88.

89.

90.

91.

S.I. No. 322 of 1975.

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

I, MICHAEL O'LEARY, Minister for Labour, in exercise of the powers conferred on me by Sections 6, 53, 57, and 71 of the Factories Act, 1955 (No. 10 of 1955), and the Labour (Transfer of Departmental Administration and Ministerial Functions) Order, 1966 ( S.I. No. 164 of 1966 ), after consultation with the Minister for Health, and after due compliance with the provisions of the Third Schedule to that Act, hereby make as special Regulations the following Regulations:

PART I.*Interpretation and General.*

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

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

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

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

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

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

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

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

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

"the Minister" means the Minister for Labour;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

• (ii) any class or description of ships

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

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

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

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

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

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

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

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

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

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

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

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

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

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

• (6) In the case of a public dry dock—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

( e ) kept in position as long as required.

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

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

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

• (ii) properly secured,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

• (8) A ladder shall not be used unless—

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

or

• (ii) there is other adequate handhold; and

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

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

( a ) be securely suspended,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

( b ) all staging supported by brackets,

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

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

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

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

• (6) All—

( a ) parts of stages,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

PART IV.*Raising and Lowering etc.*

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

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

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

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

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

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

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

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

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

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

• (iv) be securely fastened to sleepers or bearers,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Provided that—

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

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

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

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

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

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

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

( b ) which are permanently attached to a structure.

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

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

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

( b ) which are permanently attached to a structure.

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

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

( b ) which are permanently attached to a structure,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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