(Cap 313, section 80) [The regulations except regulations 19(1), 20, 21(1) and (3), 22(1)(b), 23, 24, 25and 51 : 29 December 1978Regulations 19(1), 20, 21(1) and (3), 22(1)(b), 23, 24, 25 and 51 : 1 July 1979] (L.N. 287 of 1978) Cap 313B reg 1 Citation PART I PRELIMINARY (1) These regulations may be cited as the Shipping and Port Control (Cargo Handling) Regulations. (2)-(3) (Omitted as spent) Cap 313B reg 2 Interpretation In these regulations, unless the context otherwise requires- "competent examiner" (合资格检验员) means a person who, by reason of his qualifications, training and experience, is competent to carry out any test or examination of a lifting appliance or lifting gear for the purposes of these regulations; "competent person" (合资格的人) means a person who, by reason of his training and practical experience, is competent to perform an inspection or other duty required to be carried out by a competent person for the purposes of these regulations; "hatch" (舱口) means an opening in a deck used for the purpose of loading or unloading a vessel or for trimming, or for ventilation; "hatchway" (舱口间) means the whole space within the square of the hatches, from the top deck to the bottom of the hold; "owner" (拥有人), in relation to a lifting appliance or lifting gear, includes the lessee or hirer thereof, and any overseer, foreman or other person in charge or having the control or management of the lifting appliance or lifting gear; "person employed" (受雇人) means a person employed in cargo handling; "pulley block" (滑轮组) means a pulley, block, gin or similar gear, other than a crane block specially constructed for use with a crane to which it is permanently attached; "register" (登记册) means a register, in the specified form, of lifting appliances and lifting gear; "safe working load" (安全操作负荷), in relation to a lifting appliance or lifting gear, means- (a) the appropriate safe working load for operating the lifting appliance or lifting gear as specified in the current certificate of test and examination delivered in the specified form by a competent examiner in respect of that lifting appliance or lifting gear for the purposes of these regulations; or(b) where no such certificate is required, the relevant safe working load marked or ascertainable in accordance with regulation 25;"specified form" (指明的表格) means a form specified by the Director under regulation 54 for any particular purpose of these regulations or a form substantially similar to a form so specified; "test and examination" (测试及检验), in respect of a lifting appliance or lifting gear, means a test and examination in the manner set out in the Schedule; "thorough examination" (彻底检验), in respect of a lifting appliance or lifting gear, means a visual examination, supplemented if necessary by other means such as a hammer test, carried out as carefully as the conditions permit, in order to arrive at a reliable conclusion as to the safety of the parts examined; and if necessary for the purpose, by the dismantling of the parts of the lifting appliance or lifting gear; "workplace" (工作地方) means any place on a vessel in which persons employed carry on cargo handling. Cap 313B reg 3 Application (1) Subject to paragraph (2), these regulations apply to all lifting appliances and lifting gear used for cargo handling on board vessels. (2) These regulations do not apply to lifting appliances and lifting gear used from a place on land for cargo handling. Cap 313B reg 4 Duty to comply with this Part PART II SAFE MEANS OF ACCESS AND SAFE WORKPLACES It shall be the duty of the owner, master or officer in charge of a vessel to comply with this Part. Cap 313B reg 5 Safe means of access to vessels (1) Subject to paragraph (3), if a vessel is lying at a wharf or quay for the purpose of loading or unloading cargo, there shall be safe means of access for the use of persons employed at such times as they have to pass from the vessel to the shore or from the shore to the vessel. (2) For the purposes of paragraph (1), the safe means of access shall be- (a) where reasonably practicable, the vessel's accommodation ladder, a gangway or a similar construction, not less than 550 mm wide, properly secured to prevent its displacement, constructed of materials of good quality and in good condition, and securely fenced throughout on each side to a clear height of not less than 820 mm, by means of upper and lower rails, taut ropes or chains or by other equally safe means, except that in the case of a vessel's accommodation ladder such fencing shall be necessary on one side only provided that the other side is properly protected by the vessel's side; (b) in other cases, a ladder of sound material and adequate length which shall be properly secured to prevent its displacement.(3) This regulation shall not apply to- (a) cargo stages or cargo gangways if other proper means of access is provided in accordance with these regulations; (b) any vessel which is 50 m or less in length, if and while the conditions are such that it is possible without undue risk to pass to and from the vessel without the aid of any special appliances. Cap 313B reg 6 Safe means of access when vessels alongside each other (1) If a vessel is alongside any other vessel and persons employed have to pass from one to the other, safe means of access shall be provided for their use, unless the conditions are such that it is possible to pass from one to the other without undue risk without the aid of any special appliances. (2) If one of such vessels is a barge, lighter or other similar vessel of relatively low freeboard, the means of access shall be provided by the vessel which has the higher freeboard. Cap 313B reg 7 Safe means of access to holds (1) Where persons employed have to carry on cargo handling in a hold the depth of which from the level of the deck to the bottom of the hold exceeds 1.5 m, there shall be maintained safe means of access from the deck to the hold for the use of persons employed. (2) Save as otherwise provided in this regulation, the safe means of access shall be afforded by ladder, or by ladder cleats or cups on the coamings. (3) The means of access provided under paragraph (2) shall not be deemed to be safe- (a) unless the ladders between the lower decks are in the same line as the ladder from the top deck, if that is practicable having regard to the position of the lower hatch or hatches; (b) unless the ladders provide a foothold of a depth, including any space behind the ladder, of not less than 115 mm for a width of not less than 250 mm and a firm handhold; (c) unless the cleats or cups provided on coamings- (i) provide a foothold of a depth, including any space behind the cleats or cups, of not less than 115 mm for a width of not less than 250 mm and a firm handhold; (ii) are so constructed as to prevent a person's foot slipping off the side; and (iii) are placed vertically one above the other and in the same line as the ladders to which they give access;(d) unless the cargo is stowed sufficiently far from the ladder to leave at each rung of the ladder a foothold of a depth, including any space behind the ladder, of not less than 115 mm for a width of not less than 250 mm and a firm handhold; (e) unless there is room to pass between a winch or other obstruction and the coamings at the place where the ladder leaves the deck; (f) if the ladder is recessed under the deck more than is reasonably necessary to keep the ladder clear of the hatchway.(4) The safe means of access may be provided- (a) where the provision of a ladder on a bulkhead or in a trunk hatchway can be shown to be reasonably impracticable, by cleats or cups complying with the requirements of paragraph (3)(c); (b) by ladders or steps, separate from any hatchway or sloping from deck to deck, if such ladders or steps comply with the requirements of paragraph (3)(b), (d) and (e).(5) Sufficient free passage to the means of access shall be left at the coamings. (6) Shaft tunnels shall be equipped with adequate handholds and footholds on each side. Cap 313B reg 8 Lighting of workplaces When cargo handling is being carried on on a vessel- (a) all workplaces; (b) the means of access provided in pursuance of regulations 5 and 6; and (c) all parts of the vessel to which persons employed may be required to proceed in the course of their employment,shall be efficiently lighted, due regard being had to the safety of the vessel and cargo, of all persons employed and of the navigation of other vessels. Cap 313B reg 9 Ventilation and protection against fumes, etc. (1) Effective and suitable provision shall be made for the adequate ventilation of every workplace, or other place on a vessel to which persons employed are permitted access, or are required to have access, in the course of their employment. (2) Where in any place referred to in paragraph (1)- (a) the proportion of oxygen in the air is liable to have been substantially reduced below the normal proportion; or (b) there exists, or is likely to exist, any fume, gas, vapour, dust or other impurity in the air that may be injurious to health,such place shall, so far as practicable, be adequately ventilated before any person is permitted to enter and remain therein and all practicable measures shall be taken to protect the persons employed therein against inhalation of such air, fume, gas, vapour, dust or other impurity. Cap 313B reg 10 Gear for lifting beams All beams used for hatch coverings shall have suitable gear for lifting them on and off without it being necessary for any person to go upon them to adjust such gear. Cap 313B reg 11 Marking on hatch coverings and beams (1) All hatch coverings shall be kept plainly marked to indicate the deck and hatch to which they belong and their position therein, except that such marking shall not be required in cases where all the hatch coverings of a vessel are interchangeable or, in respect of marking of position, where all hatch coverings of a hatch are interchangeable. (2) Paragraph (1) shall apply to beams used for hatch coverings as it applies to hatch coverings. Cap 313B reg 12 Maintenance of hatch coverings and beams All beams used for hatch coverings, and all hatch coverings, shall be maintained in good condition. Cap 313B reg 13 Hand grips and locking devices on hatch coverings and hatch beams (1) Adequate hand grips shall be provided on all hatch coverings, having regard to their size and weight, unless the construction of the hatch or the hatch coverings is of a character rendering the provision of hand grips unnecessary. (2) All beams used for hatch coverings, and all hatch coverings of a type that do not require hatch beams for support, shall be fitted with adequate locking devices to prevent their displacement by a passing load or in any other circumstances. Cap 313B reg 14 Safety in removing and replacing beams Where the working space around a hatch is less than 600 mm wide, such provision shall be made as will enable persons employed to remove and replace in safety all beams used for hatch coverings and all hatch coverings. Cap 313B reg 15 Power operated hatch coverings and hull doors (1) Power operated hatch coverings shall not be operated, opened or closed by any person other than a competent person or whilst any person is liable to be injured by the hatch coverings during any such process. (2) Paragraph (1) shall also apply to any power operated door in the hull of a vessel, ramp, retractable deck or similar ship's equipment. Cap 313B reg 16 Duty to comply with this Part PART III LIFTING APPLIANCES AND LIFTING GEAR It shall be the duty of the owner of a lifting appliance or lifting gear, and in the case of a lifting appliance or lifting gear carried on board a vessel it shall also be the duty of the master of the vessel, to comply with this Part. Cap 313B reg 17 Safe lifting appliances and gear No lifting appliance or lifting gear shall be used for hoisting or lowering unless- (a) it is of good mechanical construction and design, made of strong and sound materials, and free from patent defect; (b) it is properly maintained in safe working condition and is properly installed and rigged for use in a safe and proper manner; (c) in the case of a lifting appliance, the arrangements for fixing and anchoring the lifting appliance are adequate to secure its safety; and (d) in the case of a derrick, adequate measures are taken to prevent the foot of the derrick being accidentally lifted out of its socket or support. Cap 313B reg 18 Markings on lifting gear (1) Every grab, lifting beam, lifting frame, vacuum lifting or magnetic lifting device which does not form an integral part of a lifting appliance shall be clearly marked with its own weight. (2) All markings required under this regulation shall be readily legible and done in such a manner that they shall not affect the strength of the gear or appliance. Cap 313B reg 19 Prohibitions regarding lifting gear (1) No item of lifting gear made of wrought iron or having any part made of wrought iron shall be used in cargo handling. (2) No heat treatment shall be applied to any item of lifting gear made of steel or having any part made of steel unless the treatment is carried out under the supervision of a competent person and in accordance with his requirements. Cap 313B reg 20 Testing and examination of lifting appliances (1) Before being taken into use and after any substantial alteration or repair to any stress-bearing part, all lifting appliances shall have been tested and examined by a competent examiner. (2) After being taken into use- (a) all derricks and permanent attachments, including bridle chains, to the derrick, mast and deck, used in hoisting or lowering shall be inspected by a competent person once at least in every 12 months and be thoroughly examined by a competent examiner once at least in every 4 years; (b) all other lifting appliances shall be thoroughly examined by a competent examiner once at least in every 12 months. Cap 313B reg 21 Testing of lifting gear (1) Subject to paragraph (3), no chain, ring, hook, shackle, swivel or pulley block shall be used in hoisting or lowering unless it has been tested and examined by a competent examiner. (2) Where the Director is of opinion that, owing to the size, design, material or infrequency of use of any gear or class of gear specified in this regulation the requirement of this regulation as to testing and examination is not necessary for the protection of persons employed, he may by certificate in writing (which he may at his discretion revoke) exempt such gear or class of gear from such requirement subject to such conditions as may be specified in the certificate. (3) All chains, other than bridle chains attached to derricks or masts, and all rings, hooks, shackles, swivels and pulley blocks shall be thoroughly examined by a competent examiner once at least in every 12 months and shall be inspected by a competent person immediately before each occasion on which they are used in hoisting or lowering, unless they have been inspected within the preceding 3 months. (4) All chains, rings, hooks, shackles or swivels used in hoisting or lowering which have been lengthened, altered or repaired by welding shall before being again taken into use be adequately tested and re-examined by a competent examiner. Cap 313B reg 22 Testing of ropes (1) No rope shall be used in hoisting or lowering- (a) unless it is of suitable quality and free from patent defect; and (b) in the case of wire rope, unless it has been tested and examined by a competent examiner.(2) Every wire rope in general use for hoisting or lowering shall be inspected by a competent person once at least in every 3 months, except that after any wire has broken in such rope it shall be inspected once at least in every month. (3) No wire rope shall be used in hoisting or lowering if in any length of 8 diameters the total number of visible broken wires exceeds 10 per cent of the total number of wires, or the rope shows signs of excessive wear, corrosion or other defect which, in the opinion of the person who inspects it, renders it unfit for use. (4) A thimble or loop splice made in any wire rope shall have at least 3 tucks with a whole strand of the rope and 2 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 paragraph shall not operate to prevent the use of another form of splice which can be shown to be as efficient as that laid down in this paragraph. Cap 313B reg 23 Certificates to be obtained, etc. (1) Where a competent examiner tests and examines a lifting appliance as required by regulation 20, or a lifting gear as required by regulation 21 or 22, a certificate of test and examination in the appropriate form containing all the particulars required to be entered in the certificate with regard to the test and examination shall be obtained from the competent examiner and attached to the register in respect of the lifting appliance or lifting gear, as the case may be, before the lifting appliance or lifting gear is taken into use in connection with cargo handling. (2) Where a competent examiner thoroughly examines a lifting appliance as required by regulation 20, or a lifting gear as required by regulation 21, it shall be ensured that the competent examiner enters in the register in respect of the lifting appliance or lifting gear, as the case may be, a certificate of thorough examination and all the particulars required to be entered in the register with regard to the examination before the lifting appliance of lifting gear is taken into use in connection with cargo handling. (3) Where a competent person inspects a lifting appliance as required by regulation 20, or a lifting gear as required by regulation 21 or 22, it shall be ensured that the competent person enters in the register in respect of the lifting appliance or lifting gear, as the case may be, a certificate of inspection and all the particulars required to be entered in the register with regard to the inspection before the lifting appliance or lifting gear is taken into use in connection with cargo handling. (4) The register in respect of a lifting appliance or lifting gear shall be available for inspection under regulation 51 on the vessel on which the lifting appliance or lifting gear is used. Cap 313B reg 24 Safe working load of pulley blocks No pulley block shall be used in hoisting or lowering unless the safe working load is clearly stamped upon it. Cap 313B reg 25 Safe working loads for cranes and slings, etc. (1) Every crane and derrick shall have the safe working load plainly marked upon it. (2) Means shall be provided to enable any person using a chain or wire rope sling to ascertain the safe working load for such chain or sling under such conditions as it may be used. (3) Chain slings shall be marked with the safe working load in plain figures or letters upon the sling or upon a tablet or ring of durable material attached securely thereto. (4) Wire rope slings shall be marked in the manner specified in paragraph (3) or a notice or notices shall be so exhibited as to be easily read by any person concerned, stating the safe working loads for the various sizes of wire rope slings used. Cap 313B reg 26 Shortening of chains and their protection (1) Chains shall not be shortened by tying knots in them. (2) Suitable packing shall be provided to prevent the links of chains coming into contact with sharp edges of loads of hard material. Cap 313B reg 27 Fencing of motors, etc. All motors, cog-wheels, chain and friction gearing, shafting, live electric conductors and steam pipes shall (unless it can be shown that by their position and construction they are equally 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 vessel. Cap 313B reg 28 Safeguards on cranes, etc. Cranes and winches shall be provided with such means as will reduce to a minimum the risk of the accidental descent of a load while being hoisted or lowered. Cap 313B reg 29 Driver's platform on cranes, etc. The driver's platform on every crane driven by mechanical power shall be securely fenced and shall be provided with safe means of access and where access is by ladder- (a) the sides of the ladder shall extend to a reasonable distance beyond the platform or some other suitable handhold shall be provided; (b) the landing place on the platform shall be maintained free from obstruction; (c) in cases where the ladder is vertical and exceeds 9 m in height, a resting place shall be provided approximately midway between the platform and the foot of the ladder. Cap 313B reg 30 Measures regarding steam Adequate measures shall be taken to prevent exhaust steam from, and so far as is practicable live steam to, any crane or winch obscuring any part of the working place at which persons employed are engaged in cargo handling. Cap 313B reg 31 Duty to comply with this Part PART IV CARGO HANDLING (1) Subject to paragraph (2), it shall be the duty of every person who by himself, his agents or workmen carries on the processes of cargo handling, and of all agents, workmen and persons employed by him in cargo handling, to comply with this Part. (2) Where cargo handling is carried on by a stevedore or other person other than the owner of the vessel, it shall be the duty of the owner, master or officer in charge of the vessel to comply with regulation 37, so far as it concerns any hatch not taken over by the stevedore or other person for the purpose of cargo handling. Cap 313B reg 32 Means of escape of workers Precautions shall be taken to facilitate the escape of persons employed in a hold or on 'tween decks in dealing with bulk cargo. Cap 313B reg 33 Safe working load not to be exceeded (1) Subject to paragraph (2), no lifting appliance or lifting gear shall be loaded beyond the safe working load. (2) Paragraph (1) shall not apply where a lifting appliance or lifting gear is being tested and examined. Cap 313B reg 34 Competent person to be in charge of lifting appliances No load shall be left suspended from any lifting appliance unless there is a competent person in charge of the lifting appliance while the load is so left. Cap 313B reg 35 Operators of lifting appliances, etc. No person under 18 years of age and no person who is not sufficiently competent and reliable shall be employed to operate any lifting appliance, whether driven by mechanical power or otherwise, or to give signals to the operator of such appliance, or to attend to falls on winch ends or winch drums. Cap 313B reg 36 Deck-stages or cargo-stages (1) No deck-stage or cargo-stage shall be used in cargo handling unless it is substantially and firmly constructed, adequately supported and, where necessary, securely fastened. (2) No truck shall be used for carrying cargo between a vessel and the shore on a stage so steep as to be unsafe. (3) Any stage which is slippery shall be made safe by the use of sand or otherwise. Cap 313B reg 37 Fencing of hatches (1) Subject to paragraph (3), while persons employed are on a vessel for the purpose of cargo handling, every hatchway of a cargo hold accessible to the persons employed which exceeds 1.5 m in depth from the level of the deck to the bottom of the hold, and which is not protected to a clear height of 750 mm by the coamings, shall, when not in use for the passage of goods or other material, or for trimming, be securely fenced to a height of 900 mm or be securely covered. (2) Fencing as required under paragraph (1) shall be provided when necessary to protect all other openings in a deck which might be dangerous to the persons employed. (3) This regulation shall not apply to- (a) any vessel which is 50 m or less in length and which has only one hatchway; and (b) any vessel during meal times or other short interruptions of work during the period of employment.(4) Hatch coverings shall not be used in the construction of deck or cargo stages, or for any other purpose which may expose them to damage. (5) Hatch coverings shall be replaced on the hatches in the positions indicated by the markings made thereon in pursuance of regulation 11. Cap 313B reg 38 Loading or unloading by fall or sling (1) Subject to paragraph (2), no cargo shall be loaded or unloaded by a fall or sling at any intermediate deck unless the hatch at that deck is securely covered, or a secure landing platform of a width not less than that of one section of hatch coverings has been placed across it, and has been safely fenced or protected by a safety net. (2) Paragraph (1) shall not apply to any process of unloading the whole of which will be completed within a period of half an hour. Cap 313B reg 39 Use of hooks (1) Subject to paragraph (2)- (a) hooks shall not be made fast in the bands or fastenings of bales of cotton, wool, cork, gunny bags, or other similar goods; (b) can-hooks shall not be used for hoisting or lowering a barrel when, owing to the construction or condition of the barrel or of the hooks, their use is likely to be unsafe.(2) Paragraph (1) shall not apply to breaking out or making up slings. Cap 313B reg 40 Provision of staging When work is proceeding on any skeleton deck, adequate staging shall be provided unless the space beneath the deck is filled with cargo to within a distance of 600 mm of such deck. Cap 313B reg 41 Shoring Where stacking, unstacking, stowing or unstowing of cargo or handling in connection therewith cannot be safely carried out unaided, reasonable measures to guard against accident shall be taken by shoring or otherwise. Cap 313B reg 42 Securing of beams (1) The beams of any hatch in use for cargo handling shall not be left in place unless the hatch opening is of such a size as to permit loading or unloading to be carried on without danger to any person in the hold or space from the load striking against any such hatch beam. (2) The beams of any hatch in use for cargo handling shall, if not removed, be adequately secured to prevent their displacement. Cap 313B reg 43 Employment of signallers (1) Subject to paragraph (2), where cargo is being loaded or unloaded by a fall at a hatchway, a signaller shall be employed, and where more than one fall is being worked at a hatchway, a separate signaller shall be employed to attend each fall. (2) Paragraph (1) shall not apply in cases where a barge, lighter or other similar vessel is being loaded or unloaded if the driver of the crane or winch working the fall has a clear and unrestricted view of both of the holds where work is being carried on. Cap 313B reg 44 Duty to comply with this Part PART V MISCELLANEOUS PROHIBITIONS It shall be the duty of all persons, whether owners, persons in charge of works or persons employed, to comply with this Part. Cap 313B reg 45 Unauthorized removal of fencing, etc. (1) No person shall, unless duly authorized or in case of necessity, remove or interfere with any fencing, gangway, gear, ladder, hatch covering, mark, stage or other thing whatsoever required by these regulations to be provided. (2) If any thing specified in paragraph (1) is removed, it shall be restored at the end of the period during which its removal was necessary by the persons last engaged in the work that necessitated the removal. Cap 313B reg 46 Safe means of access to be used Every person employed shall use the means of access provided in accordance with regulations 5, 6 and 7, and no person shall authorize or order another to use means of access other than those so provided. Cap 313B reg 47 Prohibition on going upon beams No person shall go upon any beam used for hatch coverings for the purpose of adjusting the gear for lifting it on and off nor shall any person authorize or order another to do so. Cap 313B reg 48 Prohibition on use of appliances or gear PART VI MISCELLANEOUS PROVISIONS No employer of persons employed in cargo handling shall require or allow any lifting appliance or lifting gear to be used by such persons which does not comply with Part III. Cap 313B reg 49 Obligation of employers to comply with regulations If the persons whose duty it is to comply with regulations 5, 6, 8 and 9 fail so to do, then it shall be the duty of the employers of the persons employed to comply with such regulations within the shortest time reasonably practicable after such failure. Cap 313B reg 50 Issue of certificates, etc. (1) A competent examiner who tests and examines a lifting appliance as required by regulation 20, or a lifting gear as required by regulation 21 or 22, shall deliver to the owner of the lifting appliance or lifting gear or, in the case of a lifting appliance or lifting gear carried on board a vessel, to the master of the vessel, a certificate of test and examination in the appropriate specified form containing all the particulars required to be entered in the certificate with regard to the test and examination. (2) A competent examiner who thoroughly examines a lifting appliance as required by regulation 20, or a lifting gear as required by regulation 21, shall, on production to him of the register in respect of the lifting appliance or lifting gear, enter in the register a certificate of thorough examination and all the particulars required to be entered in the register with regard to the examination. (3) A competent person who inspects a lifting appliance as required by regulation 20, or a lifting gear as required by regulation 21 or 22, shall, on production to him of the register in respect of the lifting appliance or lifting gear, enter in the register a certificate of inspection and all the particulars required to be entered in the register with regard to the inspection. Cap 313B reg 51 Production of registers for inspection A register in respect of a lifting appliance or lifting gear shall, if required by an inspector for the purposes of inspection, be produced to the inspector- (a) in the case of a lifting appliance or lifting gear carried on board a vessel, by the person for the time being in charge of the vessel, together with the certificate of the vessel's register; and (b) in a case other than that to which paragraph (a) applies, by the owner of the lifting appliance or lifting gear, as the case may be. Cap 313B reg 52 Reciprocal arrangements If any testing, examining or inspection of lifting appliances or lifting gear carried out in accordance with the law of any territory and any certificates and records relating thereto, or any arrangements adopted by any territory to secure a standard of safety for the persons employed are, in the opinion of the Director or an inspector, substantially in accordance with the requirements of these regulations, the provisions of these regulations in that respect shall be deemed to be complied with. Cap 313B reg 53 Duty to report accidents (1) Where arising out of and in the course of any process of cargo handling- (a) a person is killed or seriously injured in an accident; (b) a crane, winch, hoist, derrick or other appliance used in hoisting or lowering cargo collapses or fails (other than breakage of a chain or rope sling); or (c) a person, cargo or equipment is lost overboard from a vessel,the owner or master of the vessel and the person in control of cargo handling shall, subject to paragraph (3), report the occurrence immediately to the Director orally, by means of signals or in writing and shall furnish to the Director in writing full particulars thereof within 24 hours after the occurrence. (2) For the purposes of paragraph (1), a person shall be deemed to be seriously injured if he is admitted to a hospital immediately after he sustains the injury for observation or treatment. (3) An owner or master of a vessel shall not be required to report under paragraph (1) if the occurrence has been reported under section 67 of the Ordinance. (4) Any person who without reasonable excuse contravenes this regulation commits an offence and is liable to a fine of $5000. Cap 313B reg 54 Forms For the purposes of these regulations, the Director may specify such forms as he thinks fit. Cap 313B reg 55 Offences by owners, masters etc. PART VII OFFENCES AND PENALTIES If an owner, master or officer in charge of a vessel contravenes regulation 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 or 15 he commits an offence and is liable to a fine of $5000. Cap 313B reg 56 Offences by owners of lifting appliances, etc. If an owner of a lifting appliance or lifting gear, or a master of a vessel, contravenes regulation 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29 or 30 he commits an offence and is liable to a fine of $5000. Cap 313B reg 57 Offences by persons carrying on cargo handling (1) If any person who carries on the process of cargo handling, or an agent, workman or person employed by him in cargo handling, contravenes regulation 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42 or 43 he commits an offence and is liable to a fine of $5000. (2) If an owner, master or officer in charge of a vessel contravenes regulation 37 he commits an offence and is liable to a fine of $5000. Cap 313B reg 58 Contraventions of Part V Any person who contravenes regulation 45, 46 or 47 commits an offence and is liable to a fine of $5000. Cap 313B reg 59 Offence by employers If an employer of persons employed contravenes regulation 48 or 49 he commits an offence and is liable to a fine of $5000. Cap 313B reg 60 Offences by competent examiners, etc. (1) Any competent examiner or competent person who without reasonable excuse contravenes regulation 50 commits an offence and is liable to a fine of $5000. (2) Any competent examiner who, in pursuance of regulation 50, delivers a certificate of test and examination or enters in a register a certificate of thorough examination which to his knowledge is false as to a material particular commits an offence and is liable to a fine of $5000. (3) Any competent person who, in pursuance of regulation 50, enters in a register a certificate of inspection which to his knowledge is false as to a material particular commits an offence and is liable to a fine of $5000. Cap 313B reg 61 Offence for failure to produce register, etc. If a person who is required to produce a register under regulation 51 fails to do so he commits an offence and is liable to a fine of $2000. Cap 313B SCHEDULE [regulations 2, 20, 21, 22 & 33] PROCEDURE FOR TESTING AND EXAMINING LIFTING APPLIANCES AND LIFTING GEAR 1. (1) Every winch, together with its accessories (including any derrick, gooseneck, eye-plate, eyebolt, or other attachments) shall be tested with a proof load which shall exceed the safe working load as follows- (a) if the safe working load is less than 20 tonnes, the proof load shall exceed the safe working load by at least 25 per cent; (b) if the safe working load is 20 tonnes or more but not more than 50 tonnes, the proof load shall exceed the safe working load by at least 5 tonnes; (c) if the safe working load is more than 50 tonnes, the proof load shall exceed the safe working load by at least 10 per cent.(2) The proof load shall be applied either- (a) by hoisting movable weights; or (b) by means of a spring or hydraulic balance or a similar appliance,with the derrick at an angle to the horizontal which shall be specified in the certificate of the test. (3) In the case of sub-paragraph (2)(a), after the movable weights have been hoisted, the derrick shall be swung as far as practicable first in one direction and then in the other and in the case of sub-paragraph (2)(b) the proof load shall be applied with the derrick swung as far as practicable first in one direction and then in the other. 2. (1) Every crane and every other lifting appliance, together with its accessories, other than a lifting appliance referred to in paragraph 1, shall be tested with a proof load which shall exceed the safe working load as follows- (a) if the safe working load is less than 20 tonnes, the proof load shall exceed the safe working load by at least 25 per cent; (b) if the safe working load is 20 tonnes or more but not more than 50 tonnes, the proof load shall exceed the safe working load by at least 5 tonnes; (c) if the safe working load is more than 50 tonnes, the proof load shall exceed the safe working load by at least 10 per cent.(2) The proof load shall be hoisted and then swung as far as is practicable first in one direction and then in the other. (3) Where a crane with a jib which has a variable vertical operating radius is to be tested, the test shall be carried out by applying a proof load in accordance with sub-paragraph (1) at both the maximum radius and the minimum radius of the jib. (4) Where in testing a hydraulic crane or hoist it is, because of the limitation of pressure, impossible to hoist a load which exceeds the safe working load by 25 per cent, it is sufficient compliance with this paragraph if the crane has the greatest possible load applied to it. 3. Every item of lifting gear (whether an accessory to any lifting appliance or not) shall be tested with a proof load in accordance with the following provisions- (a) if the item is a chain, ring, hook, shackle, or swivel, the proof load shall be at least twice the safe working load; (b) if the item is a single sheave pulley block or if a shackle is attached thereto, the proof load shall be at least 4 times the safe working load; (c) if the item is a multiple sheave pulley block with a safe working load of not more than 20 tonnes, the proof load shall be at least twice the safe working load; (d) if the item is a multiple sheave pulley block with a safe working load of more than 20 tonnes but not more than 40 tonnes, the proof load shall exceed the safe working load by at least 20 tonnes; (e) if the item is a multiple sheave pulley block with a safe working load of more than 40 tonnes, the proof load shall be at least 1 1/2 times the safe working load. 4. After being tested in accordance with paragraph 1, 2 or 3, each lifting appliance (including its accessories) and all lifting gear shall be examined so as to ensure that no part of the lifting appliance or lifting gear has been damaged during the test. For the purpose of carrying out the examinations of a pulley block the sheaves and pins of the block shall be removed. 5. Where any wire rope is tested, a sample of the rope shall be tested to destruction, and the safe working load shall not exceed 20 per cent of the breaking load of the sample tested.
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