I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Navigation Act 1912-1935.
Dated this sixteenth day of July, 1941.
Signature of Lord Gowrie
Governor-General.
By His Excellency’s Command,
Signature of Hubert L. Anthony
For Minister of State for Commerce.
Navigation (Loading and Unloading) Regulations.
Citation.
These Regulations may be cited as the Navigation (Loading and Unloading) Regulations.
Commencement.
These Regulations shall come into operation on the first day of September, 1941.
Repeal.
The Navigation (Loading and Unloading) Regulations, being Statutory Rules 1928, No. 20, as amended by Statutory Rules 1928, No. 89; 1930, No. 126; 1931, No. 121; 1932, No. 20; 1936, No. 126 and 1937, No. 40 are repealed.
Definitions.
4.—(1.) In these Regulations, unless the contrary intention appears—
“approved” means approved by the Director;
“cargo” includes bunker coal;
“cargo gear” includes masts and stays, derricks, booms, gaffs and the like, winches, cranes and other hoisting appliances, mast bands, goosenecks, blocks, gins, standing and running gear of derricks and cranes, and slings, used in connexion with the loading or unloading of any ship;
“competent person” means a properly qualified person responsible to the master or owner of the ship as regards ship’s gear, or to the owner of gear taken on a ship for use in connexion with loading or unloading of the ship, but does not include any person to whom the Director has given notice in writing that such person is in his opinion not technically qualified to carry out the tests, examinations or annealing required by these Regulations;
* Notified in the Commonwealth Gazette on , 1941.
7926.—15/20.6.1941.—Price 1s
“Inspector” means a person appointed as a Surveyor under the Navigation Act 1912-1935 to survey ships and their equipment;
“person-in-charge”, in relation to the loading or unloading of any ship, means any person directly or indirectly in control of the persons actually engaged in the process of loading or unloading that ship;
“principal port” means the Port of Sydney, Newcastle, Melbourne, Brisbane, Port Adelaide, Fremantle, or Hobart;
Section 1 - Navigation (Loading and Unloading) Regulations - Navigation (Loading and Unloading) Regulations | Zoe
“Schedule” means a Schedule to these Regulations;
“the Docks Regulations of the United Kingdom” means the Docks Regulations 1934, being Statutory Rules and Orders 1934, No. 279, made under the Imperial Factory and Workshop Act 1901, and includes any regulations amending or superseding those regulations.
(2.) Any reference in these Regulations to a form shall be read as a reference to a form in the Second Schedule.
Application.
These Regulations shall apply to all ships, British and foreign (except ships engaged wholly in the domestic trade of a single State or River and Bay Ships) loading or unloading cargo at a port in Australia, and to the cargo gear (whether belonging to the ship or not) used in connexion with the loading or unloading of cargo into or from those ships.
Classes of ships to which regulations apply.
6. The ships to which these Regulations apply shall be divided into classes as follows:—
(a) Class 1.—Ships registered in Australia, or licensed to engage in the coasting trade, holding a Commonwealth Certificate of Survey or Equipment;
(b) Class 2.—Other British or foreign ships the cargo gear on which complies with—
(i) the provisions of the Docks Regulations of the United Kingdom; or
(ii) in the case of ships registered in a country other than Great Britain or the Commonwealth of Australia—regulations issued by the Government of that country if they are, in the opinion of the Director, substantially equivalent in their requirements to these Regulations or the Docks Regulations of the United Kingdom; or
(iii) in the case of ships belonging to a country in which no regulations in the matter have been issued by the Government thereof—regulations made by any corporation or association for the survey and registry of ships recognized for that purpose by the Government of that country if they are, in the opinion of the Director, substantially equivalent in their requirements to these Regulations or the Docks Regulations of the United Kingdom; and
(c) Class 3.—British and foreign ships not included in paragraphs (a) and (b) of this regulation.
Test, examination, annealing and maintenance of cargo gear.
7.—(1.) Before cargo is loaded on, or unloaded from, any ship to which these Regulations apply, the cargo gear to be used shall have been tested, examined, and annealed in the prescribed manner.
(2.) The cargo gear shall be maintained in safe working condition and records of the gear shall be kept in the prescribed manner.
Requirements as to Class 1 ships.
8.—(1.) In the case of ships of Class 1—
(a) all derricks, and permanent attachments, including spans, goosenecks and bands to the derrick, mast and deck, used in hoisting or lowering in connexion with the loading or unloading of the ship shall be thoroughly examined, tested, and certified by a competent person once at least in every four years, and thoroughly inspected every twelve months;
(b) every winch or hoisting appliance used for loading or unloading cargo shall be tested, examined and certified by a competent person once at least in every four years and shall be thoroughly overhauled annually and examined;
(c) the tests, examinations and inspections required by this sub-regulation shall be carried out so far as is practicable at a principal port during a survey of the vessel for a Certificate of Survey or of Equipment;
(d) every certificate issued by a competent person shall be signed by him and countersigned by the owner of the gear or master of the ship, as the case requires; and
(e) the testing and examination of cargo gear shall be performed in the manner prescribed in the First Schedule.
(2.) A Register of Cargo Gear, in accordance with Form L.U.—1 shall be provided by the master and kept on board each ship of Class 1, and shall be made available for inspection and endorsement by an Inspector at any time.
(3.) A certificate in accordance with Form L.U.—2, signed by the competent person who made the test, specifying the proof load, method of applying the proof load, and angle at which each of the derricks was tested, and the safe working load as regards each derrick, winch or other lifting appliance, shall be attached to the ship’s Register of Cargo Gear, in which shall also be entered in Part I. or Part II. of that Register, as the case requires, the dates on which the tests, examinations and inspections were carried out.
(4.) The safe working load for which each derrick has been tested in the manner prescribed in the First Schedule shall be indicated by conspicuously painting, on the side of the derrick, the words “Safe working load* T.”.
(5.) The minimum safe working load of any chain, link, ring, hook, shackle, swivel, block, span, stay or tackle comprising the component parts of permanent equipment of any derrick when it is tested shall not be less than the maximum strain imposed upon any such part when the derrick is being proof tested:
Provided that nothing in this regulation shall prevent a derrick being used at any time with certified cargo gear appropriate to the loading or unloading operations being carried out.
(6.) All ring bolts for use with permanent derricks, bands on masts or derricks, and derrick heel connections and fittings, when not subject
* Here insert weight in tons.
to any prescribed test, shall be of suitable material and construction and of strength proportionate to the maximum load which may be imposed on the derrick and designed in accordance with approved engineering standards.
(7.) Shackles, hooks, chains, links and swivels used to connect a single sheave block (including a gin, heel, and topping lift block) to a derrick shall have a safe working load of at least twice the safe working load of the single sheave block:
Provided that this sub-regulation shall not apply to hooks or swivels which were attached to, and proof tested with, the single sheave block.
(8.) The proof test applied to any item of cargo gear to determine a certified safe working load under these Regulations shall not exceed a proof load appropriate to the design and strength of the item, in accordance with the approved engineering standards set out in the publications specified in the Third Schedule.
(9.) A pulley, gin, block or other similar gear, and a chain, ring, hook, shackle or swivel shall not be used for hoisting or lowering in connexion with the loading or unloading of a ship unless a certificate of test and examination in accordance with Form L.U.—3 has been obtained from the manufacturer or other qualified person having the proper testing apparatus to make the prescribed test.
(10.) The certificate specified in the last preceding sub-regulation shall be kept attached to the ship’s Register of Cargo Gear.
(11.) Cargo gear which cannot be identified in the Register of Cargo Gear shall not be used until the requirements of this regulation are complied with.
Annealing requirements.
9.—(1.) Except as hereinafter provided, all chains, rings, hooks, shackles and swivels used for hoisting or lowering in connexion with the loading or unloading of a ship shall be annealed, and after annealing, carefully examined, by a competent person—
(a) in the case of half-inch and smaller chains, rings, hooks, shackles and swivels in general use—once at least in every six months; and
(b) in the case of all other chains, rings, hooks, shackles, and swivels in general use—once at least in every twelve months:
Provided that if, on the report of an Inspector, the Deputy Director is of opinion that, owing to the size, design, material or infrequency of use of the gear the requirements of this sub-regulation as to annealing are not necessary for the protection of the persons employed, he may, by certificate in writing (which he may in his discretion revoke), exempt the gear from the requirements of this sub-regulation, subject to such conditions (if any) as are specified in the certificate.
(2.) A Certificate of Annealing in accordance with Form L.U.—4 of any annealing carried out shall be obtained from the annealer.
(3.) The certificate shall be kept attached to the Register of Cargo Gear, and there shall also be entered in Part III. of the Register the dates on which the annealing was carried out.
(4.) Nothing in this regulation shall apply to bridle chains attached to decks or masts.
(5.) The following classes of gear, namely:—
(a) Chains made of malleable cast iron;
(b) Plate link chains;
(c) Chains, rings, hooks, shackles and swivels made of steel;
(d) Pitched chains;
(e) Rings, hooks, shackles and swivels permanently attached to pitched chains, pulley blocks or weighing machines;
(f) Hooks and swivels having screw-threaded parts or ball-bearings or other case-hardened parts,
are exempted from annealing subject to the conditions that such gear is thoroughly examined by a competent person once at least in every twelve months and that, before the gear is subsequently taken into use, certificates of such examination are attached to the prescribed Register of Cargo Gear.
(6.) Annealing should, whenever practicable, be carried out in a suitably constructed furnace heated to a temperature between 1100° and 1300° Fahrenheit, or 600° and 700° Centigrade, for a period between 30 and 60 minutes.
Requirements as to Class 2 ships.
10.—(1.) In the case of a ship of Class 2, the following documents relating to the cargo gear shall be kept on board and shall be available for inspection by an Inspector at any time:—
(a) A copy of the regulations applicable to the cargo gear of the vessel together with, in the case of regulations in any language other than the English language, an English translation thereof;
(b) Current certificates of test of the cargo gear made in conformity with those regulations; and
(c) A register of the cargo gear, as prescribed by those regulations or in accordance with Form L.U.—1.
(2.) The Register of Cargo Gear on a ship of Class 2 shall be properly kept, and the various items of cargo gear shall be readily identifiable therefrom.
(3.) All articles of cargo gear on a ship of Class 2 shall be maintained in accordance with the regulations applicable thereto and shall be available for inspection by an Inspector at any time.
Requirements as to Class 3 ships.
11.—(1) In the case of the first visit to a Commonwealth port of a ship of Class 3, the following requirements shall be complied with:—
(a) All cargo gear shall have been closely examined by a ship’s officer directed by the master to conduct the examination within the preceding six months; and
(b) A statement, drawn up and signed by the ship’s officer who made the inspection and countersigned by the master, specifying the gear inspected and the safe working load of each derrick and winch or hoisting appliance, and declaring that the cargo gear is in good condition and fit for the purpose intended, shall be kept and made available for inspection and endorsement by an Inspector at any principal port at which such vessel loads or unloads cargo.
(2.) Cargo shall not be loaded or unloaded with the ship’s gear at any port in the Commonwealth until such statement has been so prepared, signed and countersigned.
(3.) In the case of any subsequent visit to a Commonwealth port of a ship of Class 3, the requirements in respect of cargo gear for a ship of Class 1 shall be complied with by the master:
Provided that, if the laws of the country to which the ship belongs, relating to cargo gear, are in substantial compliance with these Regulations, the Deputy Director may, on the report of an Inspector that those laws have been complied with, exempt the cargo gear carried on board the ship from any or all of the requirements of these Regulations, as he thinks fit.
Cargo gear stored on shore for use on ships.
In the case of cargo gear not belonging to a ship, but stored on shore and taken on board, as required, for use in connexion with its loading or unloading, the requirements of regulation 8 of these Regulations as to examinations, inspection, testing, and certifying of gear, and as to the keeping of a Register of Cargo Gear and the making of entries therein, shall apply, so far as they are applicable, and the owner of any such cargo gear who fails so to comply with those requirements shall be guilty of an offence.
Gear to be inspected before use.
All chains attached to derricks or masts, and all rings, hooks, shackles and swivels, shall be inspected by a competent person before each occasion on which they are used in hoisting or lowering, unless the gear has been so inspected within the preceding three months.
Repaired, &c., gear to be tested.
All chains, rings, hooks, shackles, swivels, derrick or mast fittings used in connexion with hoisting or lowering which have been lengthened, renewed, distorted, worn, altered or repaired by welding shall be adequately tested and re-examined by a competent person and a record of the test made and kept in the ship, or gear store on shore, as the case requires, before that gear is again put into use.
Wire ropes to be certificated.
15.—(1.) Wire or other rope shall not be used in hoisting or lowering in connexion with loading or unloading cargo unless—
(a) it is of suitable quality and free from patent defects; and
(b) in the case of wire rope, a certificate in accordance with Form L.U.—5, has been obtained from the manufacturers, and is attached to the Register of Cargo Gear.
(2.) Every wire rope in general use shall be inspected by a competent person at least once in every three months:
Provided that, after any wire in the rope has been broken, the rope shall be inspected once at least in every month.
Copies of manufacturer’s certificates accepted in special cases.
A copy of the manufacturer’s certificate, given in accordance with Form L.U.—3 or Form L.U.—5, as the case requires, and signed by the person who imported or supplied the gear mentioned in the certificate, shall—
(a) in the case of cargo gear manufactured outside the State of the Commonwealth in which the gear is being used; and
(b) in the case of a length of wire rope or of chain cut from a full coil or length in respect of which the manufacturer’s certificate was given,
be deemed, for the purposes of sub-regulation (10.) of regulation 8 or of paragraph (b) of sub-regulation (1.) of regulation 15 of these Regulations, to be a certificate specified in that sub-regulation or paragraph, as the case may be.
Defective wire ropes.
Wire rope shall not be used for hoisting or lowering in connexion with loading or discharging cargo if in any length of eight diameters the total number of visible broken wires exceeds 10 per centum of the total number of wires or the rope shows signs of excessive wear, corrosion or other defect which, in the opinion of the competent person who inspects it, renders it unfit for the service intended.
Wire rope splices.
A thimble or loop splice made in any wire rope shall have not less than three tucks with a whole strand of the rope and not less than two tucks with one-half of the wires cut out of each strand and the strands in all cases shall be tucked against the lay of the rope:
Provided that this regulation shall not operate to prevent the use of another form of splice which, in the opinion of a Deputy Director, is as efficient as that prescribed by this regulation.
Safe working load to be marked on gins, &c.
A pulley, gin, block, or similar gear shall not be used in hoisting or lowering in connexion with loading or unloading, unless the safe working load is clearly stamped upon it:
Provided that, in the case of Class 3 ships, gear not so stamped may be used if it has first been inspected and approved by a competent person.
Marking slings, &c.
Means to enable any person readily to ascertain the safe working load for any chain, wire rope sling, or any appliance in lieu thereof, which he is required to use, shall be provided by marking the safe working load in plain figures or letters upon the sling or appliance or upon a tablet or ring of durable material attached securely thereto, or by a notice so exhibited as to be easily read by any person concerned, clearly setting out the safe working loads for the various sizes of chains and wire ropes and appliances used.
Use of chains.
21.—(1.) A chain which has been shortened by knotting or which contains any knot, shall not be used in connexion with the loading or unloading of a ship.
(2.) Chain used for the slinging of heavy loads of iron or steel or other hard material shall be prevented, by the use of suitable packing, from coming into direct contact with any sharp edge of the material.
Guard rails around machinery, &c.
All motors, cog-wheels, chain-gearing, friction-gearing, shafting, and live electric conductors shall (unless it can be shown by their position and construction that they are equally as safe to every person employed as they would be if securely fenced) be securely fenced so far as is practicable without impeding the safe working of the ship and without infringing any requirement of the Navigation Act 1912-1935.
Winches, &c., to be maintained in good order and efficiency.
23.—(1.) The master of a ship to which these Regulations apply shall take all necessary steps to ensure that the steam winches or power hoists of any kind used for hoisting or lowering are at all times maintained in a state of thorough repair and working efficiency.
(2.) The person in charge of the loading or unloading of a ship shall not permit any mechanical hoisting apparatus to be used in connexion with that operation unless he is satisfied that the control levers or valve wheels to be used by the driver of the apparatus are efficient and that the doubling clutches, if fitted, are capable of being securely held in position when used.
Exhaust steam.
Adequate measures shall be taken by the master or owner to prevent exhaust steam and, so far as is practicable, live steam to any crane or winch, obscuring any part of the decks, gangways, stages, wharf, or quay where any person is employed in connexion with loading or unloading.
Safe use of cargo gear.
25.—(1.) Cargo gear shall not be rigged, rove or used in such a manner as to involve risk to life or property or to subject the gear to a greater strain than the certified safe working load of the gear.
(2.) The person in charge of the loading or unloading of a ship shall not permit cargo gear which does not comply with these Regulations to be used by any person engaged in the loading or unloading of that ship.
Loads not to be left suspended.
A load shall not be left suspended from a crane, winch, or other lifting appliance unless there is, during the time it is so suspended, a responsible person actually in charge of the lifting appliance.
Suitable lifting gear for beams, &c.
All fore and aft beams and athwartship beams used for hatch coverings shall have suitable gear for lifting them on and off, and the gear shall be adjustable without a person going upon any beam for that purpose.
Hatch coverings to be plainly marked.
Except in cases where all the hatch coverings of a ship are interchangeable, all hatch coverings shall be kept plainly marked to indicate the deck and hatch to which they belong and their position thereon.
Hatch beams and coverings to be maintained in good condition.
All fore and aft beams and athwartship beams used for hatch coverings and all hatch coverings shall be maintained in good condition.
Hand grips on hatch coverings.
Adequate hand grips shall be provided on all hatch coverings, having regard to their size and weight.
Hatch beams to be removed or secured before loading or unloading.
31.—(1.) Before any loading or unloading work is begun at a hatch on any vessel to which these Regulations apply, all hatch beams shall be removed, unless the hatch is of such size as to permit of the work being carried out without any danger to the workers in the hold from a load striking against any beam left in place.
(2.) If the cargo is to be loaded or unloaded through more than one hatch and it is necessary to remove the hatch beams, the beams from the topmost hatch shall be removed first, and the beams from upper hatches shall be removed before those from lower hatches.
(3.) Where any hatch beam is left in place it shall, before loading or unloading work begins, be securely fastened at each end by means of stout bolts, with nuts attached, or other suitable fastenings provided for the purpose of preventing, and in such manner as to prevent, its accidental displacement.
Penalty, on the person in charge: One hundred pounds.
Means of passage between wharf and ship.
32.—(1.) Men engaged in loading or unloading cargo on or from a ship lying alongside a wharf or quay shall be provided with safe means of passage, as prescribed, between the wharf or quay and the ship unless the men may without undue risk pass between the wharf or quay and the ship without the aid of any special appliance.
(2.) The prescribed means of passage shall be—
(a) where reasonably practicable—the ship’s accommodation ladder, or a gangway or similar appliance not less than
twenty-two inches wide, properly secured against displacement, 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:
Provided that the ship’s accommodation ladder if used, may be fenced on one side only where the other side is properly protected by the side of the ship; and
(b) in any other case—a ladder of sound material and adequate length, properly secured against displacement.
(3.) Nothing in this regulation shall apply to means of access by cargo stages or cargo gang ways if other proper means of access is provided in conformity with these Regulations.
Means of passage from ship to ship.
Men engaged in loading or unloading cargo on or from a ship lying alongside another ship, who have to pass from one ship to the other, shall be provided by the master of the ship which has the higher freeboard with safe means of passage from ship to ship unless the men may without undue risk pass from ship to ship without the aid of any special appliance.
Means of access to holds.
34.—(1.) Where the depth from the level of the top deck to the bottom of any hold exceeds five feet, there shall be maintained safe means of access, as prescribed, from the deck to any hold in which loading or unloading operations are proceeding.
(2.) The prescribed means of access from the deck to the hold shall be—
(a) by ladder, and by ladder, cleats or cups on the coamings complying with the following requirements:—
(i) The ladders between the lower decks shall be vertically in line with the ladder from the top deck in all cases where, having regard to the position of the lower hatch or hatches, it is practicable for the ladders so to be in line;
(ii) Each rung of each ladder shall provide a firm handhold and a foothold of a depth (including any space behind the ladder) of four and one-half inches for a width of ten inches;
(iii) The cleats or cups on the coamings shall—
(a) provide a firm handhold and a foothold of a depth (including any space behind the cleats or cups) of not less than four and one-half inches for a width of ten inches;
(b) be so constructed as to prevent a man’s foot from slipping off at the side; and
(c) be placed vertically one above the other and in the same line with the ladders to which they afford access;
(iv) The cargo shall be stowed sufficiently far from the ladder to leave at each rung of the ladder a firm handhold and a foothold of a depth (including any space behind the ladder) of four and one-half inches for a width of ten inches;
(v) There shall be a space of sufficient width for a person to pass safely between any winch or other obstruction and the place where the ladder leaves the deck; and
(vi) A ladder shall not be recessed under the deck more than is reasonably necessary to keep the ladder clear of the hatchway;
(b) where the provision of a ladder on a bulkhead or in a trunk hatchway is not reasonably practicable—by means of cleats or cups complying with the requirements specified in sub-paragraph (iii) of the last preceding paragraph; or
(c) by ladders or steps, separate from any hatchway or sloping from deck to deck if the ladders or steps are constructed in compliance with the requirements specified in sub-paragraphs (ii), (iv) and (v) of paragraph (a) of this sub-regulation.
(3.) A shaft tunnel shall be equipped with adequate handhold and foothold on each side.
(4.) In the case of a ship, the keel of which was laid before the first day of September, One thousand nine hundred and forty-one, the requirements of this regulation shall apply to such extent only as, in the opinion of the Director, the existing structural arrangements of the ship permit.
Prescribed means of access to be used.
Every person engaged in loading or unloading cargo shall use the means of passage and access prescribed and a person shall not authorize or order any other person to use any means of passage or access other than those so prescribed.
Repairs, alterations, &c., required by Inspector.
36.—(1.) An Inspector may order any alteration or repairs to be made to any cargo gear that he considers necessary and the master or owner of the gear shall forthwith have the alteration or repairs carried out.
(2.) An Inspector may prohibit the use of any cargo gear until the alterations or repairs have been executed to his satisfaction, and a master or owner shall not permit the cargo gear to be used during the time the prohibition is in force.
(3.) An Inspector may forbid the use, on a ship to which these Regulations apply, of cargo gear which has not been inspected and certified in accordance with these Regulations.
Effective lighting to be provided.
37.—(1.) When cargo is being loaded on or unloaded from a ship—
(a) the places in the hold and on the decks of the ship where work is being carried on;
(b) the prescribed means of access to those places; and
(c) all parts of the ship to which the persons working may be required to proceed in the course of their employment,
shall be efficiently lighted, due regard being paid to the safety of the ship and cargo, of all persons on the ship, of the navigation of other vessels and to the by-laws or regulations of any local port authority.
Penalty, on the person in charge: Fifty pounds.
(2.) All openings in decks of holds open for purposes other than loading or unloading operations shall be effectively railed off or lighted while those operations are in progress.
Penalty, on the master or owner: Fifty pounds.
Sufficient space for handling hatches, beams, &c.
38. Where the working space around a hatch is less than two feet wide, such provision shall be made as will enable persons to remove and replace in safety all fore and aft beams and ‘thwartship beams used for hatch coverings and all hatch coverings.
Backstays, preventer backstays and stays to be set taut and secure.
39. All backstays or preventer backstays, stays, or derrick guys and preventer guys fitted to counteract strain on the masts, sampson posts or derricks shall be kept taut and secure during loading or unloading at any hatch.
Security of derrick foot in socket.
40. The person in charge shall take appropriate measures to prevent the foot of a derrick being accidentally lifted out of its socket or support.
Safety of deck and cargo stages.
41.—(1.) A deck stage or a cargo stage shall not be used in loading or unloading cargo unless it is substantially and firmly constructed and adequately supported, and, where necessary, securely fastened.
(2.) A truck shall not be used for carrying cargo between ship and shore on a stage so steeply inclined as to be unsafe.
(3.) A stage which is slippery shall be made safe by the use of sand or other material.
Penalty, on the person in charge: Fifty pounds.
Loading platform to be provided on ’tween decks.
42. Cargo shall not be loaded or unloaded by a fall or sling at any intermediate deck unless either the hatch on that deck is securely covered or a secure landing platform of a width of not less than that of one section of hatch coverings has been placed across it.
Hatches on which men work to be safe
43. Hatch plank or other type of covering of hatches upon which men are required to work in the operation of loading or unloading shall be sound, close fitted and secure.
Cargo to be slung only by certified slings.
44. The person in charge shall not permit packages or pieces of cargo to be lifted or lowered by the cargo gear unless the slings, or other gear used in lieu of slings, have been made of tested material in accordance with these Regulations.
Protection of men against falling cargo, &c.
45. The person in charge shall take proper steps to safeguard men engaged in loading and unloading cargo against injury by the displacement of unsecured cargo or other material.
Penalty, on the person in charge: Fifty pounds.
Precautions in case of bales, barrels, &c.
46. Where the working space in a hold is confined to the square of a hatch, a person shall not make any hook fast in the hands or fastenings of a bale of cotton, wool, cork, gunny bags or other similar goods and shall not use a hook, for the purpose of raising or lowering a barrel when, owing to the construction or condition of the barrel or the hook, its use is likely to be unsafe.
Removal of fencing, gangway, &c., prohibited.
47.—(1.) A person shall not, unless duly authorized, or in case of necessity, remove or interfere with any fencing, gangway, gear, ladder, hatch covering, life saving means or appliance, light, mark, stage or any other thing whatsoever, required by these Regulations to be provided.
(2.) The persons last engaged in work that has necessitated the removal of any of the things mentioned in the last preceding sub-regulation shall replace them as soon as the work necessitating that removal has been completed.
Duty of employer to provide means of access.
48. Upon the failure of any person whose duty it is to make any provision prescribed by regulation 32, 33, 34 or 37 of these Regulations, the employer of the persons engaged in loading or unloading operations shall forthwith cause the prescribed provision to be made.
Means of escape in case of bulk cargo.
Precautions shall be taken to facilitate the escape in case of emergency of persons engaged in handling coal or other bulk cargo when employed in a hold or in ‘tween decks.
Report of breakage or failure of gear.
50. When, in connexion with the loading or unloading of any ship to which these Regulations apply, the safety of any person on or about the ship is imperilled, or any such person is injured as the result of the breakage or failure of any portion of the cargo gear in use at the time, the master and also the person directly responsible for the loading and unloading operations at the time of such breakage or failure shall furnish to the Deputy Director within twenty-four hours of the occurrence, a report in writing giving full particulars thereof.
Marking of weight of heavy packages.
51.—(1.) Every package or article of cargo of a gross weight of one metric ton (2,205 lb.) or over, before being loaded on any ship at a Commonwealth port by means of the cargo gear belonging to or used on the ship, shall have prominently marked upon it, or upon a label securely attached to it, in legible and durable characters of not less than one inch in height, a statement of its approximate gross weight set out in tons and hundredweights:
Provided that in the case of an article such as a log or baulk of timber, or any other article which, by reason of its nature or place of shipment, it is not practicable to weigh, and which is of a weight of over 2,205 lb., the gross weight may be stated approximately, within a limit of one ton as “Over 1 but under 2 tons”, or as the case may be.
(2.) Nothing in the last preceding sub-regulation shall apply to an article which, by reason of its nature or place of shipment, it is neither practicable to weigh nor legibly to mark or label, but in respect of any such article and also in respect of any article which has been loaded outside Australia and which is not marked as specified in sub-regulation (1.) of this regulation the master of the ship shall arrange for some competent person to give, to the workers actually employed in the loading or unloading of the article by means of the cargo gear, verbal advice as to the approximate weight of each such article about to be so loaded or unloaded.
(3.) The master, owner and agent of the ship and the shipper of the package or article of cargo shall be jointly and severally liable to penalty in respect of any breach of the requirements of sub-regulation (1.) of this regulation.
Qualified person to be in charge of engines and boilers.
52. Every steam engine and every boiler connected therewith and every internal combustion engine on a sea-going steamship or motorship registered in Australia or engaged in the coasting trade, while in use in connexion with the loading or unloading of the ship, shall be under the supervision of a duly certificated engineer or engine-driver, as the case requires, or, in the case of a ship carrying more than one engineer, of the chief engineer or an engineer instructed by him to undertake that duty:
Provided that this requirement shall not apply in regard to winches, windlasses or the like, forming part of the ship’s equipment, directly operated by internal combustion engines.
Penalty, on the master or owner: Twenty pounds.
Responsibility of person in charge.
When loading or unloading operations on a ship are carried out—
(a) under a supervisor or foreman as person-in-charge representing a stevedoring firm; or
(b) under a responsible officer of the ship as person-in-charge, the person-in-charge shall be responsible for appropriate measures being taken for the protection against accident of the men engaged, and for the effectiveness of the cargo gear for those operations.
Deputy Director may vary requirements of the Regulations.
54.—(1.) Where it appears to a Deputy Director, on the report of an Inspector, that these Regulations insufficiently provide for the safety of persons engaged in loading or unloading any particular ship, he may, by writing under his hand, require the observance of such additional precautions as he considers necessary.
(2.) Where it appears to a Deputy Director, on the report of an Inspector, that in connexion with the loading or unloading of any particular ship full compliance with the requirements of any of these Regulations is unnecessary, and that those requirements may be modified without danger to the persons engaged in loading or unloading, he may, on the written application of the owner, master or agent, by writing under his hand permit of the modification of the requirements to the extent that, in his opinion, the circumstances of the case warrant.
Offences.
55.—(1.) Any person who commits a breach of, or fails to comply with, any of these Regulations shall be guilty of an offence.
Penalty: Except where otherwise provided, Fifty pounds.
(2.) Except where a duty or obligation is laid by a regulation upon some other person (in which case the penalty for breach of the regulation shall be upon that person), the master, owner and agent of the ship shall be jointly and severally liable to penalty in respect of any breach of the requirements of the regulation which occurs in relation to the loading or unloading of the ship.
THE SCHEDULES.
THE FIRST SCHEDULE. Reg. 8 (1.).
MANNER OF TEST AND EXAMINATION OF CARGO GEAR.
Part 1.
Derricks and Winches.
1. Every derrick and winch, and the whole of the gear accessory thereto (including goosenecks, eye-plates, eye-bolts or other attachments) shall be tested with a proof load which shall exceed the safe working load as follows:—
Safe Working Load.
Proof Load.
Up to 20 tons..............................
25 per cent. in excess.
20 to 50 tons...............................
5 tons in excess.
Over 50 tons...............................
10 per cent. in excess.
2. The proof load for derrick test shall be applied either (a) by hoisting movable weights; or (b) by means of a spring or hydraulic balance or similar appliance; with the derrick at an angle to the horizontal which shall be stated in the certificate of the test. In the case of (a) after the movable weights have been hoisted the derrick shall be swung as far as possible in both directions. In the case of (b) the proof load shall be applied with the derrick swung as far as practicable first in one direction and then in the other.
3. When derricks are being proof-tested by hoisting movable test weights or by spring or hydraulic balances, or similar appliances, the actual proof load imposed on the derrick, gin and heel blocks may be approximately twice the weight of the movable test weights being hoisted, or the load registered on the spring or hydraulic balance if anchored to the hatch coaming or bulwarks. The loads imposed on derricks by movable test-weights, or by dynamometer, shall not be in excess of the intended proof test.
After being tested, the derricks with the whole of the gear accessory thereto, and the winches, shall be examined to see whether any part has been injured or permanently deformed by the test.
5. The test and examination shall be made by a competent person and if made—
(a) by an employee of a firm or company undertaking such tests and examinations—a responsible officer of the firm or company shall sign the test certificate and shall state, in the space provided in the certificate for that purpose, his position in the firm or company;
(b) by a person working as a principal—that person shall sign the test certificate and shall briefly state, in the space provided in the certificate for that purpose, his technical qualification; or
(c) by a ship’s officer—that officer shall sign the test certificate and state his rank.
Part 2.
Loose Gear—Chains, Rings, Hooks, Shackles, Swivels, Pulleys, Gins, Blocks or other Similar Gear.
6. Every article of loose gear, whether or not it is an accessory to a derrick or other cargo gear, shall be tested with a proof load at least equal to that shown against the article in the following table and be stamped or marked with the safe working load, as shown:—
Article of Gear.
Proof Load.
Safe Working Load to be stamped on Gear.
Chain, Ring, Hook, Shackle, Swivel
Twice* the safe working load
One-half of the proof load
Single Sheave Pulley Block
Four times the safe working load
One-quarter of the proof load
Multiple Sheave Block with safe working load up to and including 20 tons
Twice the safe working load
One-half of the proof load
Multiple Sheave Block with safe working load over 20 tons up to and including 40 tons
20 tons in excess of the safe working load
20 tons less than the proof load
Multiple Sheave Block with safe working load over 40 tons
One and a half times the safe working load
Two-thirds of the proof load
7. After being tested, all loose gear shall be examined, the sheaves and the pins of the pulley blocks being removed for the purpose, to see whether any part has been injured or permanently deformed by the test.
8. The test and examination shall be made by a competent person and if made—
(a) by an employee of a firm or company undertaking such tests and examinations—a responsible officer of the firm or company shall sign the test certificate and shall state, in the space provided in the certificate for that purpose, his position in the firm or company; and
(b) by a person working as a principal—that person shall sign the test certificate and shall briefly state, in the space provided in the certificate for that purpose, his technical qualification.
9. The following classes of gear are exempted from the requirements set forth in paragraph 6 of this Schedule, provided they have been tested with the following proof loads:—
<table cellspacing="0" cellpadding="0" style="width:100%; border-collapse:collapse"><tbody><tr style="height:1pt"><td style="width:60.32%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-left:50.4pt; text-indent:-21.6pt; widows:0; orphans:0"><span style="font-family:'Times New Roman', serif">Pitched chains with hand-operated Pulley Blocks and Rings, Hooks, Shackles or Swivels permanently attached thereto.</span></p></td><td rowspan="2" style="width:2.24%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="widows:0; orphans:0"><img src="image.003.png" width="11" height="90" alt=""></p></td><td rowspan="2" style="width:37.42%; padding-right:2pt; padding-left:2pt; vertical-align:middle"><p style="text-align:center; widows:0; orphans:0"><span style="font-family:'Times New Roman', serif">One and one-half times the safe working load.</span></p></td></tr><tr style="height:1pt"><td style="width:60.32%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-left:50.4pt; text-indent:-21.6pt; widows:0; orphans:0"><span style="font-family:'Times New Roman', serif">Hand-operated Pulley Blocks used with Pitched Chains and Rings, Hooks, Shackles or Swivels permanently attached thereto.</span></p></td></tr></tbody></table>
* See regulation 8 (7.).
Diagram illustrating relative strains imposed upon the derrick and its equipment when lifting a weight of two tons, the derrick being at an angle of 45°.
Diagram illustrating relative strains imposed upon the derrick and its equipment when lifting a weight of two tons, the derrick being at an angle of 45°.
THE SECOND SCHEDULE.
Commonwealth of Australia.
Navigation Act 1912-1935. Regs. 8 (2.), 10 (1.).
Form L.U.—1.
navigation (loading and unloading) regulations
REGISTER OF CARGO GEAR.
Part 1.
Inspection and Examination of Derricks and Permanent Attachments (including Spans, Goosenecks and Bands) to Derricks, Masts and Decks.
If all above Gear is covered by one Inspection or Examination, state “All” in this column; if only a part is covered, specify the Part.
Date of Last Annual Inspection.
Date of Last Quadrennial Examination and Test.
REGISTER OF CARGO GEAR.
Part 2.
Examination of Winches and Hoisting Appliances.
Distinguishing Marks or Description* of Winches or other hoisting Appliances examined.
Date of Last Annual Examination.
* Winches and hoists may be described collectively—e.g., all winches of a certain type or all hoists within a defined area.
REGISTER OF CARGO GEAR.
Part 3.
Annealing of Chains, Rings, Hooks, Shackles, Swivels, &c.
Note.—This prescribed form of Register of Cargo Gear only is to be used. Registers of Cargo Gear may be obtained, price 2s., from the Superintendent, Mercantile Marine Office, at any principal port of the Commonwealth.
Commonwealth of Australia.
Navigation Act 1912-1935. Reg. 8 (3.).
Form L.U.—2.
No.
navigation (loading and unloading) regulations.
Ship
CERTIFICATE
of Test and Examination of Winches, Derricks and Accessory Gear.
Situation of Winches and Derricks with Distinguishing Number or Mark.
Angle to the horizontal of Derrick while the Load was Applied.
Proof Load applied and Date.
Safe Working Load at the Angle shown in Column 2.
Method used in applying the Proof Load.
(1)
(2)
(3)
(4)
(5)
(6) Name and address of person, firm or company making the test and examination.
(7) Position of signatory in firm or company named above; or
(8) If the person is working as a principal, his technical qualification.*
I certify that on the day of , 19 ,
the above derricks and/or winches, together with accessory gear, were tested by a competent person in the manner set forth overleaf; that a careful examination of the said derricks and/or winches and gear by a competent person after the test showed that it had withstood the proof test without injury or deformation; and that its safe working load is as shown in column 4.
Signature. Date.
Note.—Prescribed form of certificate only may be used. Forms may be obtained in blocks of 50, price 1s. 6d. net. from the Superintendent, Mercantile Marine Office, at any principal port of the Commonwealth.
* See paragraph 3 on the back hereof.
[Back of Form L.U.—2.]
EXTRACT FROM PART 1 OF THE FIRST SCHEDULE TO THE NAVIGATION (LOADING AND UNLOADING) REGULATIONS.
Manner of Test and Examination of Cargo Gear (Regulation 8).
Part 1.
Derricks and Winches.
1. Every derrick and winch, with the whole of the gear accessory thereto (including goosenecks, eye-plates, eye-bolts or other attachments), shall be tested with a proof load which shall exceed the safe working load as follows: —
Safe Working Load.
Proof Load.
Up to 20 tons.................................
25 per cent. in excess.
20 to 50 tons..................................
5 tons in excess.
Over 50 tons..................................
10 per cent. in excess.
2. The proof load for derrick test shall be applied either (a) by hoisting movable weights; or (b) by means of a spring or hydraulic balance or similar appliance; with the derrick at an angle to the horizontal which shall be stated in the certificate of the test. In the case of (a) after the movable weights have been hoisted the derrick shall be swung as far as possible in both directions. In the case of (b) the proof load shall be applied with the derrick swung as far as practicable first in one direction and then in the other.
3. When derricks are being proof-tested by hoisting movable test weights or by spring or hydraulic balances, or similar appliances, the actual proof load imposed on the derrick, gin and heel blocks may be approximately twice the weight of the movable test weights being hoisted, or the load registered on the spring or hydraulic balance if anchored to the hatch coaming or bulwarks. The loads imposed on derricks by movable test weights, or by dynamometer, shall not be in excess of the intended proof test.
4. After being tested, the derricks with the whole of the gear accessory thereto, and the winches, shall be examined to see whether any part has been injured or permanently deformed by the test.
5. The test and examination shall be made by a competent person and if made—
(a) by an employee of a firm or company undertaking such tests and examinations—a responsible officer of the firm or company shall sign the test certificate and shall state, in the pace provided in the certificate for that purpose, his position in the firm or company;
(b) by a person working as a principal—that person shall sign the test certificate and shall briefly state, in the space provided in the certificate for that purpose, his technical qualification; or
(c) by a ship’s officer—that officer shall sign the test certificate and state his rank.
Commonwealth of Australia.
Navigation Act 1912-1935. Regs. 8 (9.), 16.
Form L.U.—3.
No.
navigation (loading and unloading) regulations.
For Ship or Store
CERTIFICATE
of Test and Examination of Chains, Rings, Hooks, Shackles, Swivels and Pulley Blocks, Before Being Taken Into Use.
Distinguishing Number or Mark.
Description of Gear.
Number tested.
Date of Test.
Proof Load applied.
Safe Working Load.
(1)
(2)
(3)
(4)
(5)
(6)
(7) Was the gear examined by a competent person after the application of the proof load and found to have withstood the load without deformation and to be free from cracks, flaws or other defects?
(8) Name and address of makers or suppliers.
(9) Name and address of person, firm or company making the test and examination.
(10) Position in firm or company named above of person who made the test and examination; or
(11) If the person is working as a principal, his technical qualification.*
(8) †
I certify, on behalf of the person, firm or company in (9) above, that the above particulars are correct.
Signature Date
Note.—The test and examination must be made by a competent person in the manner set forth in paragraph 4 on the back hereof. Prescribed form of certificate only may be used. Forms may be obtained in blocks of 50, price 1s. 6d. net, from the Superintendent, Mercantile Marine Office, at any principal port of the Commonwealth.
* See paragraph 6 on the back hereof,
† Delete inapplicable figure.
[Back of Form L.U.—3.]
EXTRACT FROM PART 2 OF THE FIRST SCHEDULE TO THE NAVIGATION (LOADING AND UNLOADING) REGULATIONS.
Manner of Test and Examination of Cargo Gear.
Part 2.
Loose Gear—Chains, Rings, Hooks, Shackles, Swivels, Pulleys, Gins, Blocks or other Similar Gear.
6. Every article of loose gear, whether or not it is an accessory to a derrick or other cargo gear, shall be tested with a proof load at least equal to that shown against the article in the following table and be stamped or marked with the safe working load, as shown:—
Article of Gear.
Proof Load.
Safe Working Load to be stamped on Gear.
Chain, Ring, Hook, Shackle, Swivel
Twice* the safe working load
One-half of the proof load
Single Sheave Pulley Block
Four times the safe working load
One-quarter of the proof load
Multiple Sheave Block with safe working load up to and including 20 tons
Twice the safe working load
One-half of the proof load
Multiple Sheave Block with safe working load over 20 tons up to and including 40 tons
20 tons in excess of the safe working load
20 tons less than the proof load
Multiple Sheave Block with safe working load over 40 tons
One and a half times the safe working load
Two-thirds of the proof load
7. After being tested, all loose gear shall be examined, the sheaves and the pins of the pulley blocks being removed for the purpose, to see whether any part has been injured or permanently deformed by the test.
* See regulation 8 (7.).
8. The test and examination shall be made by a competent person and if made—
(a) by an employee of a firm or company undertaking such tests and examinations—a responsible officer of the firm or company shall sign the test certificate and shall state, in the space provided in the certificate for that purpose, his position in the firm or company; or
(b) by a person working as a principal—that person shall sign the test certificate and shall briefly state, in the space provided in the certificate for that purpose, his technical qualification.
9. The following classes of gear are exempted from the requirements set forth in paragraph 6 above, provided they have been tested with the proof loads indicated below:—
<table cellspacing="0" cellpadding="0" style="width:100%; border-collapse:collapse"><tbody><tr style="height:1pt"><td style="width:59.44%; border-right:0.75pt solid #000000; padding-right:1.62pt; padding-left:2pt; vertical-align:top"><p style="margin-left:36pt; text-indent:-14.4pt; widows:0; orphans:0"><span style="font-family:'Times New Roman', serif">Pitched chains with hand-operated Pulley Blocks and Rings, Hooks, Shackles or Swivels permanently attached thereto.</span></p></td><td rowspan="2" style="width:2.44%; border-left:0.75pt solid #000000; padding-right:2pt; padding-left:1.62pt; vertical-align:middle"><p style="margin-left:108pt; text-indent:-108pt; text-align:left; widows:0; orphans:0"><img src="image.010.png" width="12" height="87" alt=""></p></td><td rowspan="2" style="width:38.12%; padding-right:2pt; padding-left:2pt; vertical-align:middle"><p style="text-align:center; widows:0; orphans:0"><span style="font-family:'Times New Roman', serif">One and one-half times the safe working load.</span></p></td></tr><tr style="height:1pt"><td style="width:59.44%; border-right:0.75pt solid #000000; padding-right:1.62pt; padding-left:2pt; vertical-align:top"><p style="margin-left:36pt; text-indent:-14.4pt; widows:0; orphans:0"><span style="font-family:'Times New Roman', serif">Hand-operated Pulley Blocks used with Pitched Chains and Rings, Hooks, Shackles or Swivels permanently attached thereto.</span></p></td></tr></tbody></table>
Commonwealth of Australia.
Navigation, Act 1912-1935. Reg. 9(2.).
Form L.U.—4.
No.
navigation (loading and unloading) regulations.
For Ship or Store
CERTIFICATE
of annealing of chains, rings, hooks, shackles and swivels.
Distinguishing Number or Mark.
Description of Gear.
Number of Certificate of Test and Examination.
Number annealed.
Date of Annealing.
Defects found at careful Inspection after Annealing.
(1)
(2)
(3)
(4)
(5)
(6)
(7) Name and address of person, firm or company carrying out the annealing and inspection.
(8) Position of signatory in firm or company named above; or
(9) If the person is working as a principal, his technical qualification.
I certify that, on the date shown in column (5), the gear described in columns (1) to (4) was effectually annealed under my supervision; that after being so annealed every article was carefully inspected; and that no defects affecting its safe working condition were found other than those indicated in column (6).
Signature Date
Note.—Prescribed Form of Certificate only may be used. Forms may be obtained in blocks of 50, price 1s. 6d. net from the Superintendent, Mercantile Marine Office, at any principal port in the Commonwealth.
[Back of Form L.U.—4.]
NAVIGATION (LOADING AND UNLOADING) REGULATIONS.
Notes.
1. Regulation 9 of the Navigation (Loading and Unloading) Regulations provides as follows:—
“9.—Except as hereinafter provided, all chains, rings, hooks, shackles and swivels used for hoisting or lowering in connexion with the loading or unloading of a ship shall be annealed, and, after annealing, carefully examined by a competent person—
(a) in the case of half-inch and smaller chains, rings, hooks, shackles and swivels in general use—once at least in every six months; and
(b) in the case of all other chains, rings, hooks, shackles and swivels in general use—once at least in every twelve months:
Provided that if on the report of an Inspector the Deputy Director is of opinion that, owing to the size, design, material or infrequency of use of the gear the requirements of this sub-regulation as to annealing are not necessary for the protection of the persons employed, he may by certificate in writing (which he may in his discretion revoke), exempt the gear from the requirements of this sub-regulation, subject to such conditions (if any) as are specified in the certificate.”.
(2.) A certificate of annealing in accordance with Form L.U.—4 shall be obtained from the annealer of any annealing carried out.
(3.) The certificate shall be kept attached to the Register of Cargo Gear and there shall also be entered in Part III of the Register the dates on which the annealing was carried out.
(4.) Nothing in this regulation shall apply to bridle chains attached to decks or masts.
(5.) The following classes of gear, namely:—
(a) Chains made of malleable cast iron;
(b) Plate link chains;
(c) Chains, rings, hooks, shackles and swivels made of steel;
(d) Pitched chains;
(e) Rings, hooks, shackles and swivels permanently attached to pitched chains, pulley blocks or weighing machines;
(f) Hooks and swivels having screw-threaded parts or ball-bearings or other case-hardened parts,
are exempted from annealing subject to the conditions that such gear is thoroughly examined by a competent person once at least in every twelve months and that, before the gear is subsequently taken into use, certificates of such examination are attached to the prescribed Register of Cargo Gear.
(6.) Annealing should, whenever practicable, be carried out in a suitably constructed furnace heated to a temperature between 1,100° and 1,300° Fahrenheit, or 600° and 700° Centigrade, for a period between 30 and 60 minutes.
Commonwealth of Australia.
Navigation Act 1912-1935. Regs.15(1.), 16.
Form L.U.—5.
navigation (loading and unloading) regulations.
CERTIFICATE
of Test of Wire Rope issued by makers or by private testing establishment.
(1) Name and address of makers
(2) (a) Size of rope in inches
(b) Number of strands
(c) Number of wires per strand
(d) Lay
(3) Quality of wires (e.g., best plough steel)
(4) (a) Breaking tensile load of sample of the rope
(b) Date of test
(5) Safe working load, subject to any stated qualifying conditions, such as e.g. minimum pulley diameter, direct tensile load, &c.
(6) Name and address of person, firm or company making test.
I hereby certify that the above particulars are correct
Signature
Date
Wire rope supplied to— To be used for—
Note.—Prescribed form of certificate only may be used. Forms may be obtained in blocks of 50, price 1s. 6d. net, from the Superintendent, Mercantile Marine Office, at any principal port of the Commonwealth.
THE THIRD SCHEDULE.
Publications dealing with British Engineering Standards.
British Standard Specification No. 408—1931.—“British Standard Specification for ships Cargo Lifting Blocks.”
British Standard Specification No. 825—1929.—“British Standard Specification for Mild Steel Shackles for Lifting Purposes.”
British Standard Specification No. 394—1936.—“British Standard Specification for short link Wrought Iron Crane Chain.”
Home Office—Safety Pamphlet No. 3.—“The use of Chains and other Lifting Gear.”
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.