Regulations Respecting the Protection Against Accident of Workers Employed in Loading or Unloading Ships
2. (1) In these Regulations,
“Act” means the Canada Shipping Act; (Loi)
“approved” means approved by the Board; (approuvé)
“Board” means the Board of Steamship Inspection created pursuant to Part VIII of the Act; (Bureau)
- “cargo gear”
“cargo gear” means any gear or appliance used in the processes; (engin de manutention)
“Chairman” means the Chairman of the Board; (président)
- “Class A gear”
“Class A gear” means gear made from wrought iron, or from mild steel that contains less than 0.20 per cent carbon; (engin classe A)
- “Class B gear”
“Class B gear” means gear made from mild steel that contains not less than 0.20 per cent carbon, or from alloy steel; (engin classe B)
- “fixed cargo gear”
“fixed cargo gear” means ships’ cranes, winches and other hoisting appliances, derrick booms, derricks and mast bands, goose-necks, eyebolts and all other permanent attachments to any part of a ship used in connection with the processes, also shore cranes and other shore based appliances employed in loading or unloading a ship; (engins de manutention fixes)
“hatch” means an opening in a deck used for the purpose of the processes or for trimming or ventilation; (écoutille)
“hatchway” means the whole space within the square of the hatches, from the top deck to the bottom of the hold; (passage d’écoutille)
- “heat treatment”
“heat treatment” means either annealing or normalizing as described in Schedule II; (traitement thermique)
“inspector” means an inspector of Ship’s Tackle appointed pursuant to Part VIII of the Act; (inspecteur)
- “lifting machinery”
“lifting machinery” means any fixed cargo gear used in hoisting or lowering; (appareils de levage)
“Minister” means the Minister of Transport; (ministre)
- “officer in charge”
“officer in charge” means the person, other than the master, in charge of a ship; (officier responsable)
“prescribed” means prescribed by the Board; (prescrit)
“processes” means all or any part of the work of loading, unloading, moving or handling cargo, bunker coal, ship’s stores, ship and cargo fittings, performed
(a) on board a ship,
(b) on shore in an area within the scope of any derrick, crane or other equipment employed in loading or unloading a ship and in the immediate approaches to such an area not including any shed or warehouse or any part of a wharf forward or aft of the ship’s mooring lines,
(c) on board any floating crane or other floating hoisting equipment, or
(d) on board any barge, scow, raft or crib alongside a ship; (opérations)
- “pulley block”
“pulley block” means pulley block, gin and similar gear, other than a crane block specially constructed for use with a crane to which it is permanently attached; (poulie)
- “union purchase”
“union purchase” means a rig in which a pair of derricks is used in combination, the derricks being fixed and the cargo runners coupled, such rig being otherwise known as “coupled derricks”, “married falls” or “burtoning”; (manoeuvre en colis volant)
“wharf” means any wharf, dock, pier, quay or similar place at which the processes are carried on; (quai)
“worker” means any person employed in the processes; (travailleur)
- “working place”
“working place” means a place where the processes are carried on. (lieu de travail)
(2) [Repealed, SOR/2007-128, s. 400]
- SOR/2007-128, s. 400.
3. (1) Subject to subsection (2), these Regulations apply to
(a) any ship engaged in loading or unloading, or handling cargo, bunker coal, ship’s stores and ship and cargo fittings in Canada;
(b) any shore based derrick, crane or other loading or unloading equipment and any gear attached to that equipment when the equipment is being used in the processes; and
(c) any area on shore that is within the scope of any derrick, crane or other hoisting equipment used in loading or unloading a ship and the immediate approaches to such an area not including any sheds or warehouses or any part of a wharf forward or aft of the ship’s mooring lines.
(2) These Regulations do not apply to
(a) any fishing vessel; or
(b) any ship, where on account of the small quantity of cargo handled at any time it is not necessary to employ more than 10 workers in the processes and where the weight hoisted at any one time does not exceed 455 kg.
- SOR/79-784, s. 1.
4. Notwithstanding anything contained in these Regulations, the Board may, if satisfied that it can with propriety do so, exempt any ship or owner of cargo gear from full compliance with any of the requirements of these Regulations.
5. (1) Except as provided in subsection 11(4), the owner, master or officer in charge of a ship shall comply with Part III.
(2) [Repealed, SOR/2007-128, s. 401]
(3) Every person who by himself, his agents or workers carries on the processes, and all persons employed by him in the processes, shall comply with Part V.
(4) The owner, master or officer in charge of a ship shall comply with section 42 so far as it concerns
(a) any hatch not taken over by the persons, agents, workers or persons employed for the purposes of the processes, and
(b) any hatch that, after having been taken over by the persons, agents, workers or persons employed, for the purposes of the processes,
(i) has been reported by written notice, in the prescribed form, to the owner, master or officer in charge of the ship, by or on behalf of the persons, agents, workers or persons employed, as being a hatch at which the processes have been completed, or completed for the time being, and
(ii) has been left by the said persons, agents, workers or persons employed, fenced and covered as required by section 42, or has been taken into use by or on behalf of the owner of the ship, and in either case has been reported by the written notice referred to in subparagraph (i),
and the said owner, master or officer in charge of the ship shall give immediately a written acknowledgement, in the prescribed form, of the written notice referred to in paragraph (b).
- SOR/2007-128, s. 401.
PART IILIFE SAVING EQUIPMENT REQUIRED
6. (1) Where a ship is loading or unloading from or to a boom, raft or crib, the employer of the workers engaged in the processes shall keep in the water as near as practicable to the working place, a life saving boat equipped with oars, a boat hook, and an approved lifebuoy having 27 m of heaving line attached thereto.
(2) Where the speed of the current in the water where the loading or unloading from or to a boom, raft or crib is being carried on is three knots or more, the life saving boats referred to in subsection (1) shall, in addition to the equipment mentioned in that subsection, be manned and fitted with a motor.
- SOR/79-784, s. 2.
7. Where a ship is loading or unloading from or to an unfenced open scow or a fenced scow where the fencing does not extend to at least 760 mm above the load, the employer of the workers engaged in such loading or unloading
(a) shall provide on or near the scow, at least one approved lifebuoy having 27 m of line attached thereto; and
(b) where the speed of the current in the water is three knots or more, shall keep in the water, as near as practicable to the working place, a manned life saving boat fitted with a motor and equipped with oars and a boat hook.
- SOR/79-784, s. 3.
PART IIISAFE MEANS OF PASSAGE AND ACCESS
Safe Means between Ship and Wharf
8. (1) Safe means shall be provided for the passage of workers to and from a ship and the wharf at which the ship lies, unless conditions are such that the workers would not be exposed to undue risk if no special appliances were provided.
(2) The safe means required by subsection (1) are as follows:
(a) where practicable, a ship’s accommodation ladder, gangway or similar construction, which shall be
(i) not less than 560 mm wide,
(ii) properly secured, and securely fenced throughout to a clear height of not less than 915 mm by means of upper and lower rails, taut ropes or chains, or by other equally safe means, except that in the case of the ship’s accommodation ladder such fencing shall be necessary on one side only, if the other side is protected by the ship’s side,
(iii) constructed of suitable material, in good condition and suitable for the purpose, and
(iv) so treated as to prevent workers slipping thereon; and
(b) in any case other than a case referred to in paragraph (a), a ladder, which shall be of adequate strength and length and properly secured to prevent slipping.
(3) In cases where the gangway or ladder rests on or is secured to the bulwark, steps or other safe means with a suitable handhold shall be provided from bulwark to deck.
(4) A safety net or other satisfactory arrangement shall be provided, if required, so that workers accidentally falling from the safe means referred to in subsection (1) will not fall between the ship and the wharf.
(5) Safety precautions similar to those referred to in subsection (4) shall be taken, where required, alongside hatches where the processes are being carried on, on the side of the ship next to the wharf.
- SOR/79-784, s. 4.
Safe Means between Ships or other Vessels
9. (1) When a ship is loading or unloading from or to a boom, raft, crib or scow, safe means of access shall be provided.
(2) Where the safe means referred to in subsection (1) consists of a rope ladder, the ladder
(a) shall be equipped with flat wooden treads; and
(b) shall be so made as to prevent twisting.
10. (1) When ships or vessels are alongside one another, safe means shall be provided for the passage of workers between the said ships or vessels, unless conditions are such that the workers would not be exposed to undue risk if no special appliances were provided.
(2) The safe means required by subsection (1) shall be provided by the ship or the vessel with the highest freeboard.
Safe Means from Deck to Hold
11. (1) Where the processes are carried on in a hold the depth of which exceeds 1.52 m, safe means of access shall be provided from the deck to the hold.
(2) The safe means of access referred to in subsection (1) shall ordinarily be by ladder, properly secured, which shall comply with the following conditions:
(a) it shall provide foothold of a depth, including any space behind the ladder, of not less than 115 mm, a width of not less than 250 mm, and a firm handhold;
(b) it shall not be recessed under the deck more than is reasonably necessary to keep it clear of the cargo hatchway, unless there is means of access to the ladder otherwise than via the cargo hatchway;
(c) subject to subsection (3), ladders shall, so far as practicable, be in a continuous vertical line from the upper deck to the bottom of the hold, unless a safe landing is provided at the lower end of any discontinued ladder to prevent a descending worker from stepping off the bottom rung into space; and
(d) where a section of a ladder ends at a hatchway coaming, arrangements for secure handhold and foothold (e.g. cleats or cups) shall be provided on such coaming; such foothold to have a depth, including any space behind the said arrangements, of not less than 115 mm, with a width of not less than 250 mm.
(3) The safe means of access referred to in subsection (1) may be provided by a sloping ladder or stairway, provided the ladder or stairway meets the requirements of paragraph (2)(a) and subsection (4).
(4) Where the processes are carried on in the hold of an undecked vessel, the employer of the workers shall provide the safe means referred to in subsection (1), which safe means shall,
(a) if it consists of a ladder, be equipped with adequate means for securing the ladder; and
(b) if it consists of a rope ladder, also comply with the requirements of section 9.
(5) There shall be room to pass between any winch or other obstruction and the means of access referred to in subsection (1).
(6) Shaft tunnels shall be equipped with adequate handhold or foothold on each side.
- SOR/79-784, s. 5.
12. (1) The safe means required by subsection 8(1) and by sections 9 and 10, and all places at which workers are employed, or to which they may be required to proceed in the course of their employment, shall be efficiently lighted while the processes are being carried on.
(2) The lighting required by subsection (1) shall not interfere with the navigation of other vessels.
13. (1) Suitable gear shall be provided for lifting removable hatch beams on and off.
(2) The suitable gear shall render it unnecessary for workers to go upon the beam.
14. Removable hatch covers and beams shall be marked to identify the deck, hatch and hatch section to which they belong, unless interchangeability renders all or some of such information unnecessary.
15. To ensure the safety of the workers, hatch beams and covers shall be maintained in good condition.
16. (1) Adequate hand grips shall be provided on portable hatch covers.
(2) Non-portable, removable hatch covers shall be provided with safe means for lifting them off and on.
(3) Hatch coverings of the hinged or folding type shall be fitted with a locking device or other means of preventing accidental closure.
(4) Locking devices for portable hatch beams shall be kept in good order.
17. Working space around a hatch shall be not less than 915 mm wide, unless provision is made to enable workers to remove and replace hatch covers and beams in safety.
- SOR/79-784, s. 6.
18. (1) Where a worker is required to go outside of the rails or bulwarks to secure deck cargo or for any other purpose connected with the processes, means to ensure the safety of the worker shall be provided.
(2) Where deck cargo is stowed so close to the ship’s side and at such a height that the rails or bulwarks do not protect workers from falling overboard, means to enable the attachment of the derrick guys without the need for a worker to go outboard of the deck cargo shall be provided.
19. Except in cases where the special design of the lifting machinery renders provision unnecessary, fixed derrick booms shall be fitted with suitable guy preventers which shall be secured to the head of the derrick boom independently of other fittings.
[Repealed, SOR/2007-128, s. 402]
20. [Repealed, SOR/2007-128, s. 402]
21. [Repealed, SOR/2007-128, s. 402]
22. [Repealed, SOR/2007-128, s. 402]
23. [Repealed, SOR/2007-128, s. 402]
24. [Repealed, SOR/2007-128, s. 402]
25. [Repealed, SOR/2007-128, s. 402]
26. [Repealed, SOR/2007-128, s. 402]
27. [Repealed, SOR/2007-128, s. 402]
28. [Repealed, SOR/2007-128, s. 402]
29. [Repealed, SOR/2007-128, s. 402]
30. [Repealed, SOR/2007-128, s. 402]
31. [Repealed, SOR/2007-128, s. 402]
32. [Repealed, SOR/2007-128, s. 402]
33. [Repealed, SOR/2007-128, s. 402]
34. [Repealed, SOR/2007-128, s. 402]
35. [Repealed, SOR/2007-128, s. 402]
PART VSAFETY MEASURES DURING PROCESSES
36. Precautions shall be taken to facilitate the escape of workers employed in cargo spaces or bunkers in the handling of coal or bulk cargo.
37. (1) No cargo gear shall be loaded beyond the safe working load.
(2) No load shall be left suspended from any lifting machinery unless a capable person is present in charge of the machinery while the load is so left.
(3) Derrick guys and preventers shall be secured only to such eye pads or other fittings as are suitable for the intended loads.
38. Only capable and reliable persons shall operate lifting machinery or transporting machinery, give signals to a driver of such machinery, or attend to cargo falls on winch ends or winch drums.
39. Where goods are placed on a wharf,
(a) a clear passage leading to the safe means of access required by section 8 shall be maintained; and
(b) where workers are required to go between the goods and the edge of the wharf, a space at least 915 mm in width, clear of obstructions other than fixed structures, plant, and appliances in use, shall be maintained.
- SOR/79-784, s. 9.
40. (1) At hatches at which the processes are being carried on, free passage to the safe means of access required by section 11 shall not be impeded by cargo or other equipment.
(2) Cargo shall be so stowed that the safe means of access required by section 11 shall not be obstructed.
41. (1) Staging used in the processes shall be adequately constructed, supported, and where necessary, fastened.
(2) Staging used for carrying cargo between ship and shore shall not be so steep as to be unsafe.
(3) Staging that is slippery shall be sanded or otherwise made safe.
(4) Where a forklift truck is operating on wooden hatch covers, means shall be taken to distribute the weight so that a single hatch cover is not required to bear any wheel.
42. (1) While workers are on a ship for the purposes of the processes, any hatchway of a cargo or bunker space exceeding 1.52 m in depth that is not in use, and the coamings of which are less than 760 mm in height shall be fenced to a height of 915 mm or securely covered.
(2) Subsection (1) does not apply during mealtimes or other short interruptions of work unless it is manifest that a dangerous condition exists.
(3) Measures similar to those referred to in subsection (1) shall be taken to protect other deck openings that are dangerous to workers.
- SOR/79-784, s. 10.
43. (1) Hatch coverings shall not be used in the construction of cargo staging or for other purposes that may expose them to damage.
(2) Hatch beams and coverings shall be replaced in their correct positions on the hatches.
(3) When hatches, beams and coverings are taken off, they shall be placed clear of the hatch coamings and cargo shall not be dragged over them.
44. Where the processes are carried on at an intermediate deck, the hatch at such deck shall be
(a) completely covered; or
(b) covered to the extent of one section of hatch coverings, in which case the opening shall be fenced, and means provided to prevent objects from falling into the hold below.
45. (1) Where the working space in a hold is confined to the hatchway, cargo hooks shall not be hooked into bands or fastenings securing the loads.
(2) Subsection (1) does not apply to breaking out or making up slings.
46. Where the processes are carried on on a skeleton deck, adequate staging shall be provided, unless the space beneath such deck is filled to within 610 mm of such deck.
- SOR/79-784, s. 11.
47. Where stacking, unstacking, stowing or unstowing, or handling in connection with the processes cannot be otherwise safely carried out, measures shall be taken, by shoring or other means, to guard against accident.
48. (1) The beams of any hatch in use for the processes shall, if not removed, be secured to prevent their displacement.
(2) Hatch coverings of the hinged or folding type shall be secured so as to prevent accidental closure.
49. Lines used for hauling loads into place shall be protected from chafing where passing around corners.
50. Chains shall not be shortened by tying knots in them.
51. Shackle pins shall be secured to prevent backing out.
52. (1) Subject to subsection (3), where the processes involve the use of a cargo fall at a hatchway, a hatch tender or signaller shall be employed for each such fall.
(2) Where married falls are used at a hatchway, one hatch tender or signaller may be employed for each pair of such falls.
(3) This section shall not apply in any case where the inspector is satisfied that the operator of the lifting machinery has a clear and unrestricted view of the processes involved.
53. Where a hatch leading to a hold more than 1.52 m in depth is not fitted with a permanent hatch coaming of a height sufficient for the protection of a hatch tender or signaller, a temporary structure sufficient to give the protection required shall be erected.
- SOR/79-784, s. 12.
54. Where workers are transported to or from a ship by water for the purposes of the processes, the vessel used for such transport shall be manned, operated and equipped in accordance with the regulations pertaining to such vessel.
55. (1) Internal combustion engines shall not be used in bunkers or cargo spaces unless
(a) adequate ventilation is provided;
(b) suitable fire extinguishing equipment is readily available;
(c) exhaust pipes, connections and mufflers are tight;
(d) the exhaust is so directed as not to inconvenience the operator; and
(e) no explosives, flammable liquids or gases, or similar dangerous material is present.
(2) Operators of internal combustion engines in bunkers or cargo spaces shall not work alone.
(3) Carbon monoxide gas concentration in bunkers or cargo spaces shall not exceed 100 parts per million.
(4) Where internal combustion engines for use in the processes are to be brought on board, the officer in charge shall first be notified.
56. (1) Forklift trucks shall be fitted with overhead guards to protect the operator from a falling load, unless the nature of the processes is such as to render such guards impracticable.
(2) The brakes and steering mechanism of forklift trucks shall be maintained in good order.
57. (1) Except in an emergency, no unauthorized person shall remove or interfere with any fencing, gangway, ladder, hatch coverings, life saving boat or appliance, lights, first-aid equipment, or other things required by these Regulations to be provided.
(2) Where anything referred to in subsection (1) is removed, such thing shall be restored at the end of the period during which its removal was necessary.
58. (1) Except in an emergency, no worker shall be required to
(a) go to or from a ship other than by the safe means referred to in sections 8, 9 and 10;
(b) enter or leave a cargo space other than by the safe means of access referred to in section 11;
(c) go upon the hatch beams to adjust the gear for lifting them on or off;
(d) go on board a ship that has been fumigated until the fumigating officer has certified that it is safe to do so;
(e) carry on the processes in uncovered holds while other work is proceeding above, unless conditions are such that they are not exposed to injury from falling objects due to such other work; and
(f) operate cargo gear that does not comply with Part IV.
(2) Except in an emergency, no worker shall be required to work with or in proximity to goods that are dangerous to life or health by reason of their nature or condition unless all precautions have been taken to safeguard the workers, and to advise them of the conditions existing.
(3) Subsection (2) also applies to places where the dangerous goods referred to therein have been stowed, if the fact of such stowage constitutes a risk to workers.
59. (1) An employer shall report any case of serious accident to a worker as soon as possible after the occurrence thereof.
(2) The report shall be made to the inspector at the port where the accident happens, or if it happens at a port where there is no inspector, to the Chairman, and the report shall set out in detail all circumstances of the accident.
60. [Repealed, SOR/2007-128, s. 403]
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