Docks (Safety, Health and Welfare) Regulations, 1960.

• Jurisdiction: Ireland
• Citation: IR SI 279/1960
• Year: 1960

S.I. No. 279 of 1960.
DOCKS (SAFETY, HEALTH AND WELFARE) REGULATIONS, 1960.
I, JOHN LYNCH, Minister for Industry and Commerce, by virtue of section 8 of the Factories Act, 1955 (No. 10 of 1955), and in exercise of the powers conferred on me by sections 57 and 71, by virtue of the operation of section 86 of that Act and, insofar as the following regulations are made in exercise of powers conferred by the said section 71, 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.
	1.—(1) These Regulations may be cited as the Docks (Safety, Health and Welfare) Regulations, 1960.
(2) These Regulations shall come into operation on the 1st day of April 1961.
	2.—(1) In these Regulations—
"processes" means the processes mentioned at Regulation 3 of these Regulations, or any of them;
"person employed" means a person employed in the processes;
"prescribed" means prescribed by the Minister;
"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;
"lifting machinery" means cranes, winches, hoists, derrick booms, derrick and mast bands, goose necks, eyebolts and all other permanent attachments to the derricks, masts and decks, used in hoisting or lowering in connection with the processes;
"the Minister" means the Minister for Industry and Commerce;
"pulley block" means pulley, block, gin and similar gear, other than a crane block specially constructed for use with a crane to which it is permanently attached.
"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.
(2) The Minister may prescribe anything in these Regulations referred to as prescribed or to be prescribed.
	3.—(1) Subject to paragraphs (2) and (3) of this Regulation, these Regulations shall apply to 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.
(2) Parts III, IV and V and Regulations 51, 52, 53 and 54, of these Regulations shall not apply to the unloading of fish from a vessel employed in the catching of fish.
(3) Regulations 13, 14 (so far as regards liability to provide means of access), 15, 17, 18, 20 and 21, paragraph (1) of Regulation 41 and Regulation 52 of these Regulations shall not apply to a barge or lighter.
(4) Where a certificate issued by the Minister and for the time being in force states that the application of any requirement of these Regulations relating to safety or health is not necessary in the interests of safety or health or is not reasonably practicable in relation to any particular class or description of dock, wharf or quay, that class or description of dock, wharf or quay shall be exempt from that requirement.
	4.—(1) It shall be the duty of the person having the general management and control of a dock, wharf or quay to comply with Parts II and VIII of these Regulations but, 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.
(2) It shall be the duty of the owner, master or officer in charge of a ship to comply with Part III of these Regulations.
(3) 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 the State, it shall also be the duty of the master of the ship, to comply with Part IV of these Regulations.
(4) 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 V of these Regulations but, where the processes are carried on by a stevedore or other person other than the owner of the ship, it shall be the duty of the owner, master or officer in charge of the ship to comply with Regulation 41 of these Regulations in so far as it relates to—
(a) any hatch not taken over by the said stevedore or other person for the purpose of the processes, and
(b) any hatch which, after having been taken over by the said stevedore or other person for the purpose of the processes—
(i) has been reported by written notice in the prescribed, form to the owner, master or officer in charge of the ship, by or on behalf of the said stevedore or other person, as being a hatch at which the processes have been completed or completed for the time being, and
(ii) either has been left by the said stevedore or other person fenced or covered as required by Regulation 41 of these Regulations or has been taken into use by or on behalf of the owner of the ship, and in either case has been so reported by such written notice as aforesaid.
(5) It shall be the duty of the owner, master or officer in charge of the ship to give immediately a written acknowledgment in the prescribed form of such written notice as aforesaid.
(6) It shall be the duty of all persons, whether owners, occupiers or persons employed, to comply with Part VI of these Regulations.
(7) Part VII of these Regulations shall be complied with by the persons on whom the duty is placed in that Part.
(8) This Regulation shall not have effect in relation to any dock, wharf, quay or ship on a shallow canal.
PART II.
	5. Every regular approach over a dock, wharf or quay which persons employed have to use for going to or from a working place at which the processes are carried on and every such working place on shore shall be maintained with due regard to the safety of the persons employed. In particular the following parts 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 be 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.
	6. 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, and
(b) means, which shall be reasonably adequate having regard to all the circumstances, at or near the surface of the water at reasonable intervals for enabling a person immersed to support himself or escape from the water.
	7.—(1) All places in which there are persons 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.
(2) The towing path of a canal or canalised river shall not be deemed to be "an approach" for the purpose of paragraph (1) of this Regulation.
	8.—(1) A sufficient number of first-aid boxes or cupboards of the standard prescribed in paragraph C of Regulation 2 of the First Aid in Factories Regulations, 1956 ( S.I. No. 166 of 1956 ), shall be provided at every working place and, if more than one is provided, at reasonable distances from each other.
(2) A first-aid box or cupboard shall be marked plainly "First-Aid".
	9. Nothing except appliances or requisites for first-aid shall be kept in a first-aid box or cupboard.
	10. 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.
	11. 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 mechanically propelled vehicle, which shall be maintained in good condition, for the purpose of, and suitable for the removal of serious cases of accident or sickness, unless arrangements have been made for obtaining an ambulance when required from a hospital or other place situate not more than ten miles from the dock, wharf or quay and in telephonic communication therewith.
	12. 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, and
(c) the position of the mechanically propelled vehicle or, where a mechanically propelled vehicle is not provided, the position of the nearest telephone and the name and telephone number of the hospital or other place from which an ambulance may be obtained.
PART III.
	13.—(1) 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 reasonably practicable the...