Docks Regulations, 1928

• Jurisdiction: Ireland
• Citation: IR SI 69/1928
• Year: 1928

STATUTORY RULES AND ORDERS. 1928. No. 69.
DOCKS REGULATIONS, 1928.
FACTORY AND WORKSHOP.
DANGEROUS AND UNHEALTHY INDUSTRIES.
THE DOCKS REGULATIONS, 1928, DATED 12TH OF OCTOBER, 1928, MADE BY THE MINISTER FOR INDUSTRY AND COMMERCE UNDER SECTION 79 OF THE FACTORY AND WORKSHOP ACT, 1901 (1 EDW. 7. c. 22), IN RESPECT OF THE PROCESSES OF LOADING, UNLOADING, MOVING AND HANDLING GOODS IN, ON, OR AT ANY DOCK, WHARF OR QUAY, AND THE PROCESSES OF LOADING, UNLOADING AND COALING ANY SHIP IN ANY DOCK, HARBOUR OR CANAL.
In pursuance of section 79 of the Factory and Workshop Act, 1901, I hereby make the following Regulations in respect of the processes of loading, unloading, moving and handling goods in, on, or at any dock, wharf, or quay, and the processes of loading, unloading and coaling any ship in any dock, harbour, or canal, and direct that they shall apply to all docks, wharves, quays and ships as aforesaid.
Provided that (i) nothing in Parts II to VI inclusive of these Regulations shall apply to the unloading of fish from a vessel employed in the catching of fish: (ii) nothing in Regulations 9, 10, 11, 13, 14, 16, 17 and 43 shall apply to a barge or lighter.
These Regulations may be cited as the Docks Regulations, 1928, and shall come into force on the 1st of January, 1929, except that (i) in the case of ships, the construction of which was commenced before that date, regulation 11 (b) and (c) shall not apply until the 1st of April, 1930; (ii) in the case of pulleys, gins, blocks and other similar gear in use at that date, Regulation 21, and in the case of ladders provided on cranes or tips before that date, Regulation 27 (c) shall not apply until the 1st of April, 1929.
From the 1st of January, 1929, the Regulations dated 24th October, 1904, (a) shall be revoked.
The Minister for Industry and Commerce may by order in writing exempt from all or any of the Regulations and for such time and subject to such conditions as he may prescribe any docks, wharves or quays in respect of which application for such exemption shall have been made to him by the Office of Public Works or the Department of Fisheries or other Government Department for the time being charged with the control and management of such docks, wharves or quays.
(a) S.R. & O. 1904, No. 1617.
† Terms to which defined meanings are given are printed throughout in italics.
Definitions.†
In these Regulations:—
Processes means the processes above mentioned or any of them.
Person employed means a person employed in the processes.
Prescribed means prescribed by the Minister for Industry and Commerce.
Hatch means an opening in a deck used for the purpose of the processes or for trimming, or for ventilation.
Hatchway means the whole space within the square of the hatches, from the top deck to the bottom of the hold.
Machinery means cranes, winches, hoists, derrick booms, derrick and mast bands, goose necks, eyebolts, and all other permanent attachments to the derricks and masts, used in hoisting or lowering in connection with the processes.
Shallow canal includes any of the following parts of a canal, canalised river, non-tidal river, or inland navigation:—
( a ) Any part having no means of access to tidal waters except through a lock not exceeding ninety feet in length;
( b ) Any part not in frequent use for the processes; and
( c ) Any part at which the depth of water within fifteen feet of the edge does not ordinarily exceed five feet.
Duties.
( a ) It shall be the duty of the person having the general management and control of a dock, wharf, or quay, to comply with Part I of these Regulations; provided that if any other person has the exclusive right to occupation of any part of the dock, wharf, or quay, and has the general management and control of such part, the duty in respect of that part shall devolve upon that other person; and further provided that this part of these Regulations shall not apply to any shallow canal.
( b ) It shall be the duty of the owner, master, or officer in charge of a ship to comply with Part II of these Regulations.
( c ) It shall be the duty of the owner of machinery or plant used in the processes, and in the case of machinery or plant carried on board a ship not being a ship registered in Saorstát Eireann it shall also be the duty of the master of such ship, to comply with Part III of these Regulations.
( d ) It shall be the duty of every person who by himself, his agents, or workmen carries on the processes, and of all agents, workmen, and persons employed by him in the processes, to comply with Part IV of these Regulations.
Provided that while the processes are being carried on, it shall be the duty of the owner, master or officer in charge of a ship to comply with Regulation 34, so far as it concerns those hatches which are not in use and which during the processes have not been used and are not about to be used for the purpose of the processes.
( e ) It shall be the duty of all persons, whether owners, occupiers, or persons employed, to comply with Part V of these Regulations.
( f ) Part VI of these Regulations shall be complied with by the persons on whom the duty is placed in that part.
PART I.
	1. The following parts of every dock, wharf, or quay shall, as far as is practicable having regard to the traffic and working, be securely fenced so that the height of the fence shall be in no place less than two feet six inches, and the fencing shall he maintained in good condition ready for use:—
( a ) All breaks, dangerous corners, and other dangerous parts or edges of a dock, wharf, or quay.
( b ) Both sides of such footways over bridges, caissons, and dock gates as are in general use by persons employed, and each side of the entrance at each end of such footway for a sufficient distance not exceeding five yards.
	2. Provision for the rescue from drowning of persons employed shall be made and maintained, and shall include:—
( a ) A supply of life-saving appliances, kept in readiness on the wharf or quay, which shall be reasonably adequate having regard to all the circumstances.
( b ) Means at or near the surface of the water at reasonable intervals, for enabling a person immersed to support himself or escape from the water, which shall be reasonably adequate having regard to all the circumstances.
	3. All places in which persons employed are employed and any dangerous parts of the regular road or way over a dock, wharf, or quay, forming the approach to any such place from the nearest highway, shall be efficiently lighted.
Provided that the towing path of a canal or canalised river shall not be deemed to be "an approach" for the purpose of this Regulation.
	4. ( a ) A sufficient number of first-aid boxes or cupboards of a standard to be prescribed shall be provided at every working place and, if more than one is provided, at reasonable distances from each other.
( b ) A first-aid box or cupboard shall be distinctly marked, and if provided after the date of these Regulations shall be marked plainly with a white cross on a red ground.
	5. Nothing except appliances or requisites for first aid shall be kept in a first-aid box or cupboard.
	6. A first-aid box or cupboard shall be kept stocked and in good order and shall be placed under the charge of a responsible person who shall always be readily available during working hours. Such person shall, except at docks, wharves or quays at which the total number of persons employed at any time does not exceed fifty, be a person trained in first aid.
	7. There shall be provided for use at every dock, wharf or quay at which the total number of persons employed at any time exceeds fifty a suitably constructed ambulance carriage maintained in good condition, for the purpose of the removal of serious cases of accident or sickness, unless arrangements have been made for obtaining such a carriage when required from a hospital or other place situate not more than two miles from the dock, wharf or quay, and in telephonic communication therewith.
	8. Notices shall be exhibited in prominent positions at every dock, wharf or quay stating—
( a ) the position of each first-aid box and the place where the person in charge thereof can be found,
( b ) the position of stretchers or other appliances,
( c ) the position of the ambulance carriage or, where such is not provided, the position of the nearest telephone and the name and telephone number of the hospital or other place from which such carriage may be obtained.
PART II.
	9. If a ship is lying at a wharf or quay for the purpose of loading or unloading or coaling, there shall be safe means of access for the use of persons employed at such times as they have to pass from the ship to the shore or from the shore to the ship as follows:—
( a ) Where a gangway is reasonably practicable, a gangway 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.
( b ) In other cases a ladder of sound material and adequate length which shall be properly secured to prevent slipping.
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