The Shipbuilding and Ship-repairing Regulations 1960

• Citation: S.I. 1960/1932
• Sections: 81

Section 1 Citation, commencement and revocation

(1) These Regulations may be cited as the Shipbuilding and Ship-repairing Regulations, 1960, and, save as provided in Regulations 8, 9 (2), 24 and 25 of these Regulations, shall come into operation on the 31st day of March, 1961.

(2) The Shipbuilding Regulations, 1931 , are hereby revoked.

Section 2 Application of Regulations

(1) Subject to paragraph (2) of this Regulation, these Regulations shall apply—

(a) as respects work carried out in any of the operations in a shipyard in the case of a ship or vessel whether or not the shipyard forms part of a harbour or wet dock;

(b) as respects work carried out in any of the operations in a harbour or wet dock in the case of a ship (but not in the case of a vessel other than a ship) not being work done—

(i) by the master or crew of a ship, or

(ii) on board a ship during a trial run, or

(iii) for the purpose of raising or removing a ship which is sunk or stranded, or

(iv) on a ship which is not under command, for the purpose of bringing it under command.

(2)

(a) Nothing in Parts II to IX of these Regulations, except Regulations 6, 31 to 67, 73 to 78 and 80 shall apply as respects the operations in a shipyard in which the operations are not carried on upon vessels which both exceed one hundred feet in length measured overall and have an overall depth exceeding nine feet six inches;

(b) Nothing in Parts II to IX of these Regulations, except Regulations 6, 31 to 67 and 73 to 78 shall apply as respects the carrying out of the operations, in a harbour or wet dock, upon ships which either do not exceed one hundred feet in length measured overall or have an overall depth not exceeding nine feet six inches;

(c) Regulations 7, 12 to 24 and 26 to 30 of these Regulations shall not apply as respects the carrying out of the operations, in a public dry dock, upon vessels which either do not exceed one hundred feet in length measured overall or have an overall depth not exceeding nine feet six inches.

(3) The Chief Inspector may (subject to such conditions 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—

(a) any shipyard or any harbour or wet dock or any class or description of shipyards, harbours or wet docks;

(b) any class or description of machinery, plant, equipment or appliances;

(c) any class or description of ships or vessels; or

(d) any particular work or any class or description of work,

if he is satisfied that the requirements in respect of which the exemption is granted are not necessary for the protection of persons employed or not reasonably practicable. Where such 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 32, 52, 53, 67 and 68 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 principal Act.

Section 3 Interpretation

(1) The Interpretation Act, 1889, shall apply to the interpretation of these Regulations as it applies to the interpretation of an Act of Parliament, and as if these Regulations and the Regulations hereby revoked were Acts of Parliament.

(2) In these Regulations, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them, respectively, that is to say:—

“ Abel closed test ” means a test carried out with the apparatus specified and in the manner described in the Second Schedule to the Petroleum (Consolidation) Act, 1928 ;

“ approved ” means approved for the time being by certificate of the Chief Inspector ;

“ asbestos ” means any naturally occurring fibrous silicate and any admixture containing any such silicate ;

“ 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 principal Act ;

“ certificate of entry ” means a certificate which—

is given by a person who is a competent analyst and who is competent to give such certificates; and

certifies that he has in an adequate and suitable manner tested the atmosphere in the oil-tank or oil-tanks specified in the certificate and found that having regard to all the circumstances of the case, including the likelihood or otherwise of the atmosphere being or becoming dangerous, entry to the oil-tank or oil-tanks without wearing breathing apparatus may in his opinion be permitted;

“ lead paint ” means any paint, paste, spray, stopping, filling, or other material used in painting which when treated in the manner described in the First Schedule to these Regulations yields to an aqueous solution of hydrochloric acid a quantity of soluble lead compound exceeding, when calculated as lead monoxide, five per cent. of the dry weight of the portion taken for analysis ;

“ lifting appliance ” means a crab, winch, pulley block or gin wheel used for raising or lowering and 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 ;

“ naked light certificate ” means a certificate which—

is given by a person who is a competent analyst and who is competent to give such certificates; and

certifies that he has in an adequate and suitable manner tested for the presence of inflammable vapour the oil-tank, compartment, space or other part of the vessel specified in the certificate and found it to be free therefrom and that having regard to all the circumstances of the case, including the likelihood or otherwise of the atmosphere becoming inflammable, the use of naked lights, fires, lamps or heated rivets may in his opinion be permitted in the oil-tank, compartment, space or other part of the vessel specified in the certificate;

“ oil ” means any liquid which has a flashpoint below two hundred and seventy degrees Fahrenheit (Abel closed test or Pensky-Martens closed test, whichever is appropriate) and also includes lubricating oil, liquid methane, liquid butane and liquid propane ;

“ 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 or as fuel for aircraft on board ;

“ the operations ” means, 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 ;

“ Pensky-Martens closed test ” means a test carried out with the apparatus specified and in the manner described in British Standard 2839: 1957, as published by the British Standards Institution on 14th March, 1957, including any approved revision thereof ;

“ person employed ” means a person employed in any of the operations ;

“ the principal Act ” means the Factories Act, 1937 ;

“ 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 34 or 36 ;

“ ship ”, “ vessel ” and “ harbour ” have the same meanings 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 ;

“ shipyard ” means any yard 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 33, 36, 37 and 38 includes a vessel ;

“ tanker ” means a vessel constructed or adapted for carrying a cargo of oil in bulk .

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

Section 4 Obligations under Regulations

(1) 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, that is to say—

(a) in so far as they affect any person employed by him—

(i) Regulations 6, 8 (2), 11 (1), 13, 14 (1), (2), (3) and (5), 15, 17 (1), (2), (3), (4) and (6), 18, 19 (1), 20 to 24, 25 (2), 28 (1), 48 to 51, 56 (2), 60 (1) and (2), 70 (1) and (4), 73 to 77, 80 and 81;

(ii) Regulations 11 (2) and 16, except in so far as the person having the general management and control of a public dry dock is responsible under paragraph (5) of this Regulation;

(iii) Regulation 69 (1), except in so far as the person having the general management and control of a public dry dock is responsible under paragraph (5) of this Regulation or the person having the general management and control of a dock, wharf or quay is responsible under paragraph (6) of this Regulation;

(iv) Regulation 26, except in so far as the shipowner or master or officer in charge is responsible under paragraph (7) 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 Regulations, 1934 ; and

(v) Regulation 70 (2) and (3), except in so far as the shipowner or master or officer in charge is responsible under paragraph (7) of this Regulation.

(b) in so far as they affect any person whether or not a person employed by him—

(i) Regulations 27, 29 (1) and (2), 30 (1), 53, 54 (1), 63 to 66, 71, 72 and 78; and

(ii) Regulations 59 and 62, except in so far as the shipowner or master or officer in charge is responsible under paragraph (7) of this Regulation.

(2) It shall be the duty of the owner of any machinery, plant, equipment or appliance to which any of the provisions of Regulations 33 to 39, 67 and 68 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 United Kingdom 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.

(3)

(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 42, 55 (1) and (2), 56 (1) (a) and 57 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 40 to 47, 55 (1) and (2), 56, 57 (1), (2), (3) and (4), 58 and 69 (4) and (5) applies to work or use such machinery, plant, equipment or appliance in a manner which complies with those provisions.

(4) 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 of the shipyard to comply with the provisions of Regulations 7 and 8, Regulation 9 (2) in so far as it relates to hand-holds provided by him, Regulations 17 (5), 25 (1) and 79 and (except in so far as the shipowner or master or officer in charge is responsible under paragraph (7) of this Regulation) Regulations 9 (1), 10, 12, 59 and 62.

(5) 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 as respects gangways, platforms and stairways provided by him with the provisions of Regulations 7, 9 (1) and 12, other than the provisions relating to use of such gangways, platforms and stairways, and to comply with the provisions of Regulation 8 (1), Regulation 9 (2) in so far as it relates to hand-holds provided by him, Regulation 11 (2) in so far as it relates to the sound construction of scows or floating platforms provided by him, Regulation 16 in so far as it relates to the soundness of any material or appliance provided by him for the construction of staging, Regulations 17 (5) and 25 (1), Regulation 69 (1) as respects lighting of approaches to the edge of the dock, and Regulation 79 (1) and (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 7, 9 and 12 (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 9 and 12, in so far as the shipowner or master or officer in charge is responsible under paragraph (7) of this Regulation), and Regulation 10.

(6) 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 69 (1) as respects the lighting of approaches to the edge of the dock, wharf or quay.

(7) 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 9 (1), 10 and 12 as relate to any means of access provided by him, Regulation 59 in so far as it relates to any work, act or operation performed by him, and Regulation 62 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 26 in so far as concerns those hatches or openings which are not required to be used for the purposes 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 its replacement as soon as practicable) and

(ii) to comply with the provisions of Regulation 69 (2) and Regulation 70 (2) and (3); and

(c) not to remove any fencing provided in compliance with Regulation 26 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 Regulations, 1934, 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 26.

(8) It shall be the duty of every person employed to comply with such of the provisions of Regulations 14 (4), 19 (2), 28 (2), 29 (3), 30 (2), 46 (2), 48 (2), 54 (2), 55 (3), 56 (2), 57 (4) (b), 59 (3), 60 (3), 69 (6), 70 (4), 72 and 76 (2) as expressly impose a duty on him. It shall further be the duty of every person employed 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 81.

(9) 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 48 to 51, 59, 60, 65 and 70, 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 expressly or impliedly authorised or permitted by his employer.

Section 5 Publication of Regulations

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

(2) Every such employer as aforesaid shall give a printed copy of these Regulations to any person employed by him and affected thereby on his application.

Section 6 Safe access in general

Without prejudice to the other provisions of these Regulations there shall, so far as is reasonably practicable, be provided and maintained safe means of access to every place at which any person has at any time to work in connection with the operations, which means of access shall be sufficient having regard to the number of persons employed and shall, so far as is reasonably practicable, be kept clear of substances likely to make foothold or hand-hold insecure and of any obstruction.

Section 7 General access to vessels in a shipyard

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

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

(b) be securely protected on each side to a height of at least two feet nine inches by strongly constructed upper and lower hand-rails and by a secure toe-board projecting at least six inches above the floor; and

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

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

(e) be kept in position as long as required.

Section 8 Access to dry dock

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

(2) Such hand-rails and fencing as aforesaid 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.

(3) This Regulation shall come into operation at the expiration of twelve months after the making of these Regulations.

Section 9 Access to vessels at wharf or quay or in dry dock

(1) If a ship is lying at a wharf or quay, or is in a dry dock for the purpose of undergoing any of the operations other than its construction or reconstruction, there shall be provided means of access for the use of persons employed at such times as they have to pass to, or from, the ship or to the wharf, quay or dock side, as follows—

(a) where reasonably practicable one or more ship's accommodation ladders or one or more soundly constructed gangways or similar constructions or a combination of any such ladders, gangways or constructions, being ladders, gangways and constructions not less than twenty-two inches wide, properly secured, and fenced throughout on each side to a clear height of two feet nine inches by means of upper and lower rails, taut ropes or chains or by other equally safe means, except that in the case of a ship's accommodation ladder, such fencing may be on one side only if the other side is properly protected by the ship's side;

(b) in other cases 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 gangway 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. This paragraph shall come into operation at the expiration of twelve months after the making of these Regulations.

Section 10 Access between vessels

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

(2) Where the means of access provided consists of, or includes, a rope ladder, such 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 twelve inches below the gunwale or top of the bulwark where the ladder gives immediate access to the vessel; and

(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 on to the deck, the gangway or stairway being so placed as to be as nearly as practicable opposite to the rope ladder.

Section 11 Vessels used for access or as a working place

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

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

Section 12 Access to and from bulwarks

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

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

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

Section 13 Further provisions as to access

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

(2) Where a vessel is under construction or reconstruction and persons employed are liable to go forward or 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) Without prejudice to any other provision in these Regulations requiring a greater width, no footway or passageway constructed of planks shall be less than seventeen inches wide.

Section 14 Ladders

(1) Subject to paragraphs (2) and (3) of this Regulation, every ladder which affords a means of access, communication or support to a person or persons employed shall—

(a) be soundly constructed and properly maintained; and

(b) be of adequate strength for the purpose for which it is used; and

(c) be securely fixed either—

(i) as near its upper resting place as possible, or

(ii) where this is impracticable, at its base, or where such fixing is impracticable a person shall be stationed at the base of the ladder when in use to prevent it from slipping; and

(d) unless there is other adequate hand-hold, extend to a height of at least two feet six inches above the place of landing or the highest rung to be reached by the feet of any person working on the ladder, as the case may be, or, if this is impracticable, to the greatest practicable height.

(2) Requirements ( c ) and ( d ) of the preceding paragraph 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 requirements ( a ) and ( b ) of that paragraph.

(3) Requirement ( c ) of paragraph (1) of this Regulation shall not apply in the case of a small portable ladder carried from place to place in the course of his work by a person employed.

(4) Any person employed who removes any ladder and sets it up in a new position shall, as regards that ladder, comply with requirement ( c ) of paragraph (1) of this Regulation.

(5) Rope ladders shall provide adequate foothold and, so far as is reasonably practicable, suitable provision shall be made for preventing such ladders from twisting.

Section 15 Lashing of ladders

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

(2) A wire rope shall not be used to secure any such ladder unless its ends are ferruled, but this provision shall not apply in the case of an end 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.

Section 16 Material for staging

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

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

Section 17 Staging, dry dock altars and shoring sills

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

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

(3) All staging suspended on the inside of a vessel, all staging supported by brackets, all staging on the outside of a vessel at the fore and after ends and, where there is a gap in the staging caused by the inside uprights, any plank in the way of such gap, shall be erected and adjusted by staging gangs specially, though not necessarily exclusively, employed for the purpose.

(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 parts of stages, all parts of footways or passageways constructed of planks, and all 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 foothold or hand-hold insecure.

Section 18 Upright used for hoisting block

(1) If any upright forming part of staging is used as a fixing for a pulley block for hoisting material—

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

(b) it shall be 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.

Section 19 Support of stages on planks

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

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

Section 20 Suspended stages

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

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

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

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

Section 21 Boatswains' chairs

(1) Boatswains' chairs and chains, ropes or other gear used for their suspension shall be of sound material, adequate strength and suitable quality and the chains, ropes or other gear shall be securely attached.

(2) Suitable measures shall be taken to prevent where possible the spinning of a boatswain's chair, to prevent the tipping of a boatswain's chair and to prevent any occupant falling therefrom.

Section 22 Rising stages

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

Section 23 Width of stages

Without prejudice to the other provisions of these Regulations, all stages shall be of sufficient width as is reasonable in all the circumstances of the case to secure the safety of the persons working thereon.

Section 24 Stages from which a person is liable to fall more than six feet six inches or into water

(1) This Regulation applies to stages from which a person is liable to fall a distance of more than six feet six inches or into water in which there is a risk of drowning.

(2) Every stage to which this Regulation applies—

(a) shall so far as is reasonably practicable be closely boarded, planked or plated;

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

(c) shall be at least seventeen 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) to (7) of this Regulation) with a guard rail or guard rails to a height of at least three feet above the stage, which rail or rails 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; 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 sub-paragraph (a) of the preceding paragraph may be provided by means of a taut guard rope or taut guard ropes.

(5) No side of a stage or, as the case may be, no part of the side of a stage need 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 the limitations of space make this possible be at least twenty-five inches wide and, in other cases, as wide as those limitations permit.

(8) This Regulation shall come into operation at the expiration of twelve months after the making of these Regulations.

Section 25 Fencing of dry docks

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

(2) Such fencing as aforesaid 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, or 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 practicable.

(3) This Regulation shall come into operation at the expiration of twenty-four months after the making of these Regulations.

Section 26 Protection of openings

(1) Every side or edge of an opening in a deck or tank top of a vessel, being a side or edge which may be a source of danger to persons employed, shall, except where and while the opening is securely covered or where the side or edge is protected to a height of not less than two feet six inches by a coaming or other part of the vessel, be provided with fencing to a height of not less than three feet above the side or edge, and such fencing shall be kept in position save when and to the extent to which its absence is necessary (whether or not for the purposes of the operations) for the access of persons, or for the movement of materials, 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 practicable.

(2) Paragraph (1) of this Regulation shall not apply—

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

(b) to 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.

Section 27 Fall of articles from stages

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

Section 28 Boxes for rivets, etc

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

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

Section 29 Throwing down materials and articles

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

(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 from 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 in authority.

(3) No person employed shall throw down any articles or materials from a height except in accordance with the requirements of this Regulation.

Section 30 Loose articles or materials

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

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

Section 31 Application of Part IV

The provisions of this Part of these Regulations shall apply in the case of any chain, rope, lifting gear or lifting appliance used in raising or lowering, and the provisions of Regulation 33 shall apply in the case of any plant or gear used for anchoring or fixing a lifting appliance.

Section 32 Operation of Part IV

In the case of a shipyard this Part of these Regulations shall, as respects the operations, be in substitution for the following provisions of the principal Act, that is to say, section 23 (which relates to chains, ropes and lifting tackle) and subsections (1), (2), (4), (5), (6) and (8) of section 24 (which relates to cranes and other lifting machines).

Section 33 Construction of lifting appliances

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

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

Section 34 Tests, examinations and marking of lifting appliances

(1) Subject to the provisions of paragraphs (4) and (5) of this Regulation, no lifting appliance shall be taken into use for the first time in the operations or after it has undergone any substantial alteration or repair, unless it has been tested and thoroughly examined by a competent person in the manner described in the Second Schedule to these Regulations. A certificate of such test and examination, in the prescribed form and containing the prescribed particulars, signed by the person making or responsible for the carrying out of the test and examination and specifying the safe working load or loads of the appliance, shall have been obtained and shall be available for inspection.

(2) Subject 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 of the results of every such examination, containing the prescribed particulars and signed by the person making or responsible for the carrying out of the examination, shall be kept in an approved manner and shall be 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 inspector for the district 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 as aforesaid, 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 and, 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) The foregoing provisions of this Regulation shall not apply to sheerlegs temporarily erected for the purpose of the operations.

(5) This Regulation shall not apply as respects—

(a) any lifting appliance to which the Docks Regulations, 1934, apply and which satisfies the requirements of those Regulations; or

(b) any operation carried out on a ship not registered in the United Kingdom 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.

Section 35 Construction of chains, ropes and lifting gear

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

Section 36 Testing and annealing of chains, etc

(1) No chain, rope or lifting gear shall be taken into use for the first time in the operations, or after it has undergone any substantial alteration or repair, unless it has been tested and thoroughly examined by a competent person in the manner described in the Second Schedule to these Regulations. A certificate of test and examination, in the prescribed form and containing the prescribed particulars, signed by the person making or responsible for the carrying out of the test and examination and specifying the safe working load of the chain, rope or gear, shall have been obtained and shall be available for inspection:

Provided:

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

(b) that 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 tested and examined and all joins in the sling are by splices which satisfy the requirements of Regulation 39.

(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 prescribed form and containing the prescribed particulars, 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 available for inspection.

(3) This paragraph applies only to chains and lifting gear made of wrought iron. 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 half-inch bar or smaller material, at least once in every six months, so, however, that chains and lifting gear not in regular use need be annealed only when necessary; and the prescribed particulars of the annealing shall be kept in an approved manner and shall be available for inspection.

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

(a) to which the Docks Regulations, 1934 apply and which satisfy the requirements of those Regulations; or

(b) which are permanently attached to a structure.

Section 37 Periodic examination of chains, ropes, etc

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

(2) Ropes and rope slings shall have been thoroughly examined by a competent person within the immediately preceding period of three months, 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, containing the prescribed particulars and signed by the person making or responsible for the carrying out of the examination, shall be kept in an approved manner and shall be available for inspection.

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

(a) to which the Docks Regulations, 1934 apply and which satisfy the requirements of those Regulations; or

(b) which are permanently attached to a structure.

Section 38 Indication of safe working loads

(1) A table showing the safe working load of every chain, rope and article of lifting gear in use, and, in the case of a multiple sling, the safe working loads at different angles of the legs, shall be posted in a permanent position in the store in which the chains, ropes and articles of lifting gear are kept; so, however, that this Regulation shall not apply to any article of lifting gear if the safe working load thereof, or, in the case of a multiple sling, the safe working loads at different angles of the legs, is or are plainly marked upon it.

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

(a) to which the Docks Regulations, 1934 apply and which satisfy the requirements of those Regulations; or

(b) which are permanently attached to a structure.

Section 39 Splices in wire ropes

A thimble or loop splice made in any wire rope shall have at least three tucks with a whole strand of the rope and two tucks with one half of the wires cut out of each strand. All tucks shall be against the lay of the rope:

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

Section 40 Load not to exceed safe working load

No lifting appliance or chain or rope or lifting gear shall be loaded beyond its safe working load except—

(a) for the purpose of making a test of the appliance, chain, rope or gear, and then only to such extent as is specified in the Second Schedule to these Regulations, or

(b) in the case of a crane, in exceptional circumstances to such extent and subject to such conditions as may be approved by the engineer in charge or other competent person, if on each occasion—

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

(ii) a record of the overload is kept in the prescribed form.

Section 41 Secureness of loads

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

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

Section 42 Support of lifting appliances and lifting gear

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

Section 43 Wire ropes with broken wires

No wire rope shall be used if in any length of ten diameters the total number of visible broken wires exceeds five per cent. of the total number of wires, or if the rope shows signs of excessive wear or corrosion or other serious defect.

Section 44 Knotted chains, etc

(1) No chain or wire rope shall be used when there is a knot tied in any part thereof.

(2) No chain which is shortened or joined to another chain by means of bolts and nuts shall be used:

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

Section 45 Precautions against damage to chains and ropes

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

Section 46 Loads on lifting appliances

(1) No load shall be left suspended from a lifting appliance other than a self-sustaining, manually operated lifting appliance unless there is a competent person in charge of the appliance while the load is so left.

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

Section 47 Heavy loads

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

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

(a) indicates clearly to the driver or person operating the crane when the load 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.

Section 48 Ventilation of confined spaces

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

(2) Compressed oxygen shall not be used to ventilate any confined space in a vessel and no person employed shall use compressed oxygen for this purpose.

Section 49 Precautions against inflammable gas or vapour

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

Section 50 Precautions against shortage of oxygen

No person shall enter or remain in any confined space in a vessel, being a confined space in which there is reason to apprehend that the proportion of oxygen in the air is so low as to involve risk of persons being overcome, unless either—

(a) the space has been and remains adequately ventilated and a responsible person has tested it and certified that it is safe for entry without breathing apparatus, or

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