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.
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