Safety in Docks

8/10/2019 Safety in Docks

1/103

Page 1 of 103

Health and Safety

Executive

HSE Books

This is a free-to-download, web-friendly version of COP 25, (First edition,published 1988). This version has been adapted for online use from HSEscurrent printed version.

You can buy the book at www.hsebooks.co.uk and bookshops.

ISBN 978 0 7176 1408 0Price 8.50

This guidance covers safety in dock operations and is aimed at those who havea duty to comply with provisions of the Docks Regulations 1988. This includes

people who control dock premises, suppliers of plant and equipment, dockemployers, managers, safety officers and safety representatives.

Since this Approved Code of Practice (ACOP) and guidance was published:

regulation 7(4) and (5) have been revoked by the Work at Height Regulations2005 (SI 2005/735);regulation 7(6)(c) and the word omitted immediately preceding it has beenrevoked by the Work at Height Regulations 2005 (SI 2005/735);regulation 13(4) has been amended by the Lifting Operations and LiftingEquipment Regulations 1998 (SI 1998/2307);regulations 14, 15, 16(3)-(5), 16(7)-(8) and 17 have been revoked by the LiftingOperations and Lifting Equipment Regulations 1998 (SI 1998/2307);

regulation 18 has been revoked by the Confined Spaces Regulations 1997(SI 1997/1713).

The ACOP has not yet been reviewed following these changes. All existing HSEguidance for the ports sector is under review and will be updated as necessary.HSE is revising its website to reflect the current legislation and standards(www.hse.gov.uk/ports) and has publishedA quick guide to health and safety inports(INDG446).

HSE is revising its website to reflect current legislation and standards. HSE is alsosupporting the development of comprehensive guidance for the industry on thePort Skills and Safety (PSS) website (www.portskillsandsafety.co.uk). The HSEquick guide and the PSS industry guidance will constitute current good practice

and will be used as a benchmark for health and safety by both industry and HSE.HSE is currently consulting on the future of the Docks Regulations and COP25.Once this consultation is complete and the new guidance has been assessed, adecision will be made on the ACOP and how best to reflect current legislation asit applies in ports.

Safety in docksDocks Regulations 1988 and Guidance

Approved Code of Practice


2/103

Page 2 of 103

Health and Safety

Executive

Crown copyright 1988

First published 1988

Reprinted 2012

ISBN 978 0 7176 1408 0

You may reuse this information (excluding logos) free of charge in any format or

medium, under the terms of the Open Government Licence. To view the licence

visit www.nationalarchives.gov.uk/doc/open-government-licence/, write to the

Information Policy Team, The National Archives, Kew, London TW9 4DU, or email

[email protected].

Some images and illustrations may not be owned by the Crown so cannot be

reproduced without permission of the copyright owner. Enquiries should be sent to

[email protected].

This Code has been approved by the Health and Safety Executive and gives advice

on how to comply with the law. This Code has a special legal status. If you are

prosecuted for breach of health and safety law, and it is proved that you have not

followed the relevant provisions of the Code, a court will find you at fault, unless

you can show that you have complied with the law in some other way.

Note

1 Throughout this document, paragraphs are marked to indicate whether they are

Regulations in italics), Approved Code of Practice (ACOP) or Guidance. In addition

the paragraphs are colour coded as follows:

Regulation

Approved Code of Practice

Guidance

2 Cross references in the Approved Code of Practice and Guidance whichquote a paragraph number and no Regulation number refer to a paragraph under

the same Regulation. In cases where a paragraph under a different Regulation is

quoted, the cross reference also gives the number of the Regulation.


3/103

Safety in docks Page 3 of 103

Health and Safety

Executive

Contents

Notice of Approval4

Approved Code of Practice, Regulations and GuidanceForeword to the Approved Code of Practice 5

Introduction to the Guidance 6

Provision of information 6

Regulation 1 Citation and commencement 7

Regulation 2 Interpretation 7

Regulation 3 Application of the Regulations 14

Regulation 4 Persons upon whom duties are imposed 14

Regulation 5 Planning and execution of work 16

Regulation 6 Lighting 22

Regulation 7 Access 25

Regulation 8 Transport by water 33Regulation 9 Rescue, life-saving and fire-fighting equipment, and means of

escape 35

Regulation 10 Hatches, ramps and car-decks 39

Regulation 11 Drivers of vehicles and operators of lifting appliances 41

Regulation 12 Use of vehicles 48

Regulation 13 Use of lifting plant 56

Regulation 14 Testing of lifting plant 63

Regulation 15 Examination of lifting plant 65

Regulation 16 Markings and indicators on lifting plant 66

Regulation 17 Certificates and reports 69

Regulation 18 Confined spaces 71

Regulation 19 Welfare amenities and protective clothing 77Regulation 20 Duty to report defective plant 79

Regulation 21 Exemption certificates 79

Regulation 22 Enforcement 80

Regulation 23 Modifications to the Factories Act 1961 80

Regulation 24 Revocations and transitional provisions 82

Appendices to the GuidanceAppendix 1: Legislation relevant to health and safety in dock operations 83Appendix 2: HSE Guidance Notes and booklets relevant to health and safety in

dock operations 85

Appendix 3: British Standards relevant to health and safety in dockoperations 86

Appendix 4: Non-HSE literature relevant to health and safety in dockoperations 88

Appendix 5: HSE Area Offices responsible for enforcement of the DocksRegulations 1988 90

Appendix 6: Offices of Department of Transport Marine Directorate 91Appendix 7: Guidance on measurement of lighting levels - Regulation 6(1) 92Appendix 8: Guidance for medical practitioners on standards of fitness 94Appendix 9: Construction (Lifting Operations) Regulations 1961 -

Regulation 30(2) 96

Appendix 10: Welfare Amenities. Example of suitable arrangements 98Appendix 11: Welfare Amenities. Guidelines for the provision of sanitary

conveniences, washing and shower facilities 101

Appendix 12: Particulars approved by HSE for vessels underRegulation 8(2)(f) 101

Appendix 13: Particulars approved by HSE for testing and thorough examinationof lifting plant under Regulation 17(l) 102


4/103


Health and Safety

Executive

Notice of Approval

By virtue of section 16(1) of the Health and Safety at Work etc Act 1974, andwith the consent of the Secretary of State for Employment, the Health and Safety

Commission has on 29 September 1988 approved the Code of Practice entitled

Safety in Docks.

The Code of Practice is approved for the purposes of providing practical guidance

with respect to the Docks Regulations 1988 (SI 1988 No 1655), and sections 2-4,

6 and 7 of the Health and Safety at Work etc Act 1974.

The Code of Practice comes into effect on 1 January 1989, except that the

guidance in the Code relevant to Regulation 16(7) shall take effect from 1

September 1990.

Signed

A J LORD

Secretary to the Health and Safety Commission

29 September 1988


5/103


Health and Safety

Executive

Foreword to the Approved Code

of PracticeThis Code of Practice has been prepared in joint discussion between the

Confederation of British Industry, the Trades Union Congress, other Government

Departments and the Health and Safety Executive (HSE).

The Code has been approved by the Health and Safety Commission, with the

consent of the Secretary of State, under Section 16(1) of the Health and Safety at

Work etc Act 1974 (the HSW Act) for the purpose of providing practical guidance

with respect to certain provisions of the Docks Regulations 1988 (SI 1988 No 1655)

and Sections 2-4, 6 and 7 of the HSW Act. Any reference in this Code to another

document does not imply the like approval of that document, except to the extent

necessary to give effect to this Code.

Although failure to observe any provision of this Code is not in itself an offence,

that failure may be taken by a Court in criminal proceedings as proof that a person

has contravened the Regulation or Section of the HSW Act to which the provision

relates. In such a case, however, it will be open to that person to satisfy the Court

that he has complied with the Regulation or Section of the Act in some other way.

Words and expressions which are defined in the Docks Regulations or in the HSW

Act have the same meaning in this Code unless the context requires otherwise.

References are made in the Code of Practice to certain duties under the HSW Act

where this is appropriate. In summary, the main duties are:

Section 2 - employers (duties to their employees)

Section 3 - employers and self-employed persons (duties to persons other than

employees)

Section 4 - persons in control of premises (duties to persons other than their

employees)

Section 6 - suppliers of articles and substances for use at work (duties to those

who use such articles and substances)

Section 7 - employees (duties to take reasonable care and cooperate)

Section 8 - any person (duties not to interfere with or misuse anything provided in

the interests of health and safety)


6/103


Health and Safety

Executive

Introduction to the Guidance

1 This Guidance is intended for persons concerned with dock operations,

and in particular those who have a duty to comply with provisions of the Docks

Regulations 1988. It includes interpretation of both the requirements of the

Regulations and also the provisions of the Approved Code of Practice (ACOP). It

is therefore addressed particularly to persons who control dock premises or dock

operations, to suppliers of plant and equipment, to employers, managers, safety

officers, safety representatives, safety committee members, employees and the

self-employed and all whose work involves or is incidental to dock operations. It is

not the purpose of these notes to attempt to provide an authoritative interpretation

of the law - which is a matter for the Courts - and they in no way modify or remove

obligations imposed by Parliament or the Common Law.

2 The Regulations are complemented by and should be read in conjunction

with the Loading and Unloading of Fishing Vessels Regulations 1988, and safety

regulations made by the Department of Transport under merchant shippinglegislation. These latter regulations place duties on ship owners, and masters and

crews of vessels involved in dock operations and their employers, in relation to

a variety of matters including ship construction, fire fighting, means of access on

to and about ship, and ships equipment including cranes, lifts, ramps and other

process machinery. Other sets of regulations dealing with particular health and

safety issues will apply on dock premises. A list of relevant legislation is contained

in Appendix 1. The carriage, handling and storage of dangerous substances in

harbours and harbour areas are dealt with in the Dangerous Substances in Harbour

Areas Regulations 1987, and also in the Dangerous Substances (Conveyance by

Road in Road Tankers and Tank Containers) Regulations 1981 and the Road Traffic

(Carriage of Dangerous Substances in Packages etc) Regulations 1986. Guidance

on merchant shipping legislation is contained in Merchant Shipping Notices and inthe Code of Safe Working Practices for Merchant Seamen.

3 Further guidance on a wide range of topics which may be relevant to dock

operations has been produced by HSE, and a list of such publications appears in

Appendix 2. Appendix 3 lists a number of relevant British Standards, and Appendix

4 lists guidance produced by other bodies. Neither these lists, nor the Guidance

herein should be regarded as exhaustive. The wide range of activities undertaken at

dock premises will from time to time result in hazards specific to particular premises

or operations, and those responsible should, where necessary, seek advice.

Appendix 5 lists HSE Area Offices, where inspectors will be available to provide

such advice. Similarly, a list of the offices of the Department of Transport Marine

Directorate is given in Appendix 6.

4 It should be noted that there is no connection between the Regulations and

the Dock Labour Scheme.

Provision of information

1 Employers should take steps to bring the requirements of the Docks

Regulations 1988, and the contents of this ACOP, to the attention of their

employees as appropriate. These duties arise under Section 2 of the HSW

Act. Compliance may be achieved by making copies of the Regulations and

the ACOP readily available for such persons to consult.

2 The following parts of Section 2 are relevant:

2.- (1) It shall be the duty of every employer to ensure, so far as is

reasonably practicable, the health, safety and welfare at work of all his

employees.

Guidance

Introduction

ACOP

HSW Act


7/103


Health and Safety

Executive

(2) Without prejudice to the generality of an employers duty under the

preceding subsection, the matters to which that duty extends include in

particular -

(c) The provision of such information, instruction, training andsupervision as is necessary to ensure, so far as is reasonably

practicable, the health and safety at work of his employees.

Regulation 1 - Citation and commencement

These Regulations may be cited as the Docks Regulations 1988 and shall come

into force on 1st January 1989, except that regulation 14(2) shall come into force

on 1st January 1993, and regulation 16(7) shall come into force on 1st September

1990.

Regulation 2 - Interpretation

1 Regulation 2 defines certain terms used in the Regulations. The following

paragraphs give guidance on these.

2 The term reasonably practicable is not defined but appears in certain

Regulations. It has however been interpreted (Edwards v National Coal Board

(1949)) as a narrower term than physically possible and requires that the

quantum of risk involved should be weighed against the remedial measures

required, whether in terms of money, time or trouble. If the risk is insignificant when

compared with the measures required to rectify the problem, then compliance

will not be reasonably practicable. Correspondingly, where rectification requires orcosts little in comparison with the risk involved, then action will need to be taken.

For situations intermediate between these two extremes, the degree of action

necessary to discharge the legal duty will need to be considered in each case. The

term practicable imposes a stricter standard and is generally taken to refer to

measures which are possible in the light of current knowledge and invention (Adsett

v K and L Steelfounders and Engineers Ltd (1953) and other High Court decisions).

(1) In these Regulations, unless the context otherwise requires -

the 1974 Act means the Health and Safety at Work etc. Act 1974;

access to includes egress from;

dock gate means any lock gate or other gate which can close off the entrance to

the dock or part of the dock from the sea or other waterway but does not include

any gate on land which controls access by vehicles or pedestrians:

dock operations means -

(a) the loading or unloading of goods on or from a ship at dock premises;

(b) the embarking or disembarking of passengers on or from a ship at dock

premises;

(c) any activity incidental to the activities in sub-paragraphs (a) and (b) of

this definition which takes place on dock premises, including any of the

following activities specified in this sub-paragraph if they are so incidentaland take place on dock premises -

(i) the fuelling and provisioning of a ship,

Regulation

1

ACOP

HSW Act

Guidance

2

Regulation 2

Regulation

2(1)


8/103


Health and Safety

Executive

(ii) the mooring of a ship,

(iii) the storing, sorting, inspecting, checking, weighing or handling of

goods,

(iv) the movement of goods, passengers or vehicles,

(v) the use of welfare amenities in relation to the carrying out ofactivities referred to in sub-paragraphs (a), (b) and (c)(i) to (iv)

above,

(vi) attending dock premises for the purposes of the activities referred

to in sub-paragraphs (a), (b) and (c)(i) to (v) above; or

(d) the embarking or disembarking on or from a ship of its crew at dock

premises;

but does not include -

(e) a fish loading process within the meaning of the Loading and Unloading

of Fishing Vessels Regulations 1988;(f) the loading or unloading of goods, or embarking or disembarking of

persons, from a pleasure craft or any activity incidental to those activities;

or

(g) beach landing operations wholly carried out by serving members of Her

Majestys Forces or visiting forces within the meaning of the provisions of

Part 1 of the Visiting Forces Act 1952 or a combination of both;

3 The Docks Regulations 1988 apply to dock operations as defined. Dock

operations include incidental work such as operational maintenance and repair

of plant and equipment, store-keeping, on-site training involving actual dock

operations and any operations incidental to the handling and accommodation of

passengers and their baggage and cars. Dock operations do not include such

work as quay construction and repair. This will be subject to the four codes of

Construction Regulations listed in Appendix 1, and not the Docks Regulations

unless dock operations are otherwise involved. Where such work is carried out

in a clearly delineated area where no dock operations are proceeding, the Docks

Regulations should not be regarded as applying within that area. Incidental

activities do not include the normal operational activities of harbour craft such as

fireboats, or salvage, hydrographic and conservancy vessels.

4 The definition of dock operations includes not only the loading of

conventional cargo but also provisions which may be used by the passengers or

crew eg equipment, laundry and toiletries (see also paragraph 14). Fuelling of ships

involved in dock operations is also included.

5 The embarking and disembarking of a ships crew at dock premises are

included in the definition of dock operations. The Regulations would therefore apply

to a situation where crew were passing from their ship on to a quay that forms part

of dock premises, but not to a situation where crew leave their ship, having tied up

at a place not being used or intended to be used at that time by ships for loading

or unloading goods or for embarking or disembarking passengers.

6 Dock operations includes loading or unloading from one ship to another

where one or both are moored at a buoy.

dock premises means any dock, wharf, quay, jetty or other place at which

ships load or unload goods or embark or disembark passengers, together withneighbouring land or water which is used or occupied, or intended to be used or

occupied, for those or incidental activities, and any part of a ship when used for

those or incidental activities;

Regulation

2(1)

Guidance

2(1)

Regulation

2(1)


9/103


Health and Safety

Executive

7 The term dock premises is wider that the term docks, wharves, quays and

ships used in the Docks Regulations 1934, now revoked, and refers to places

where certain matters covered under the definition of dock operations are carried

out. It includes neighbouring land and water, and buildings thereon, used for

landing, storage, sorting, inspection, checking, weighing or handling of goods,such as container parks associated with a dock and rail-head container terminals

at ports. The expression neighbouring should be given its normal meaning ie

adjoining, next to or nearby. Such land may be part of an enclosed dock area; or it

may be unenclosed and used at times, when dock operations are not being carried

out, for other purposes; or it may be open to the public. Dock premises does not

include buoys where ships are moored. Because the Regulations deal with loading

and unloading of passengers, many ferry terminals previously excluded because

goods were not involved will now be included.

8 Parts of dock premises used neither as a working place nor as a means of

access are excluded from the definition of dock premises (and therefore are not

subject to the Regulations). Piers, breakwaters and similar installations not used foreither goods or passenger handling or access for the purposes of dock operations

are similarly excluded.

9 While the Regulations apply to incidental activities such as the packing of

containers at a dock, they will not apply if the same operation is carried out at a

factory or an inland clearance depot remote from the dock. These latter premises

should not be regarded as dock premises.

10 Dock roads well away from areas where dock operations are carried on may

be considered too remote to be covered by the definition of dock premises and

in that case would not be subject to the Docks Regulations. Public roads carrying

general traffic unconnected with dock operations, which abut on to a working

area or quayside but which are not part of the dock premises, will be subject to

the Road Traffic Acts only and not the Docks Regulations, even where there is no

physical separation.

11 Factories, as defined in Section 175 of the Factories Act 1961, are frequently

located within dock areas or have their own dock, quay, jetty or wharf which will

be subject to the Regulations. However, the part of the factory other than the dock

itself should not be regarded as dock premises provided dock operations are not

taking place there. In the normal course of events, dock operations will not be

carried on in such a part of a factory. The movement of goods landed across a

quay and then transferred into such a factory will not be subject to the Regulations

once in that factory since this will not be dock premises. Factory should be

taken to include conveyors, grabs, cranes and other plant used for transferringgoods from the quayside direct into the factory. The term incidental activities

is used in the definition of both dock premises and dock operations but it is not

intended that it should be extended to cover factory premises nor processing or

other work subject to the Factories Act carried out therein. For example, dock

workshops should be regarded as subject to the requirements of the Factories

Act rather than the Docks Regulations 1988. A non-factory process, such as

storage (eg storage silos, ore stock piles and oil tanks) in a dock area should be

regarded as subject to the Regulations, if it involves dock operations. Storage on

an adjacent factory site in connection with the processes carried out thereon will

not be on dock premises and will therefore be subject to the Factories Act, not the

Docks Regulations. In short, a factory would not be involved in loading or unloading

goods or the embarking or disembarking of passengers, or any activity incidentalto these operations, and so will not be dock premises. At other places of work eg

certain distribution depots, which may not be subject to the Factories Act, a similar

demarcation will apply between other legislation and the Docks Regulations.

Guidance

2(1)


10/103


Health and Safety

Executive

12 Premises subject to the Offices, Shops and Railway Premises Act 1963,

clearly defined construction sites subject to the four Codes of Construction

Regulations (see Appendix 1) and electrical substations should similarly not be

regarded as dock premises and therefore are not subject to the Docks Regulations.

13 Railway installations at dock premises may in some cases be involved in

incidental activities and therefore subject to the Docks Regulations and in some

cases, railway legislation, but this will depend on the circumstances. Because of

the wide range of situations met it is only possible to give general guidance and

the advice of HSE should be sought on specific cases. Where railways terminate

in dock premises as railhead depots and are used substantially for the movement

of goods entering or leaving the docks eg where freight containers are lifted from

railway wagons on to trailers for movement to loading quays, they are subject

to the Docks Regulations. On the other hand, railway stations at docks are not

subject to the Docks Regulations even if they are used substantially by passengers

who subsequently travel onward by boat as passengers or crew. Marshalling yards

and locomotive exchange sidings which primarily serve non-dock installations egfactories within dock areas, and similar yards and sidings used for dock rail traffic

and where no cargo handling takes place, are not dock premises and therefore

not subject to the Docks Regulations. The Docks Regulations will apply to railway

lines running across dock premises unless those lines are used exclusively for non-

docks traffic, but in these cases the HSW Act will apply.

freight container means a container as defined in regulation 2 of the Freight

Containers (Safety Convention) Regulations 1984;

goods includes -

(a) animals,(b) pallets and freight containers,

(c) waste,

(d) solid ballast, and

(e) vehicles which are being transported as cargo;

14 The term goods has its natural meaning, but also includes, in particular, the

items listed in the definition. Freight containers are included in the term whether

empty or loaded. Goods also includes ships stores and equipment which may

be loaded on to or unloaded from a ship. This includes parts of a ships engine,

cables, and other spare parts.

hatch means a ships hatch;

hatch covering includes hatch covers, beams and attached fixtures and fittings;lifting appliance means any stationary or mobile appliance (and every part thereof

including attachments used for anchoring, fixing or supporting that appliance but

not including vehicle coupling arrangements) which is used on dock premises for

the purpose of suspending, raising or lowering loads or moving them from one

position to another whilst suspended and includes lift trucks; it does not include -

(a) pipes, roadways or gangways, or

(b) screw, belt, bucket or other conveyors,

used for the continuous movement of goods or people, but does include the lifting

appliance used to suspend, raise, lower or move any of those items;

15 The term lifting appliance covers a wide range of appliances used for lifting

and includes a chain block, lifting cradle, crane, straddle carrier, any type of lifttruck (including a fork lift truck, a front end loader and a side lift truck) and an

access lifting platform. There is an express exclusion in the Regulations for goose

necks and fifth wheels which are used to attach trailers to tractor units, even

though these devices may to a limited extent perform a lifting function.

Guidance

2(1)

Regulation

2(1)

Guidance

2(1)

Regulation

2(1)

Guidance

2(1)


11/103


Health and Safety

Executive

16 The term loads includes goods, materials and people. The exclusions

mean that plant such as suction pipes, conveyors, passenger escalators,

gangways, adjustable bridges and lighting galleries should not be regarded as

lifting appliances. Ropes and other plant that raise, lower or suspend any of these,

including those parts of the equipment which lift power-operated link spans,passenger gangways and link bridges and associated anchoring arrangements,

should be regarded as lifting appliances. The safety of the plant thus excluded

and its subsequent maintenance fall within the scope of Sections 2 and 3 of the

HSW Act, of Regulation 7(1) of the Docks Regulations in the case of a gangway,

and of Regulation 12(2) in the case of a roadway. Ramps located on ships, and

retractable car decks are covered by the Merchant Shipping (Hatches and Lifting

Plant) Regulations, although Regulation 10(6) of the Docks Regulations deals with

the operation of such equipment during dock operations. The Merchant Shipping

Regulations also deal with other shipboard lifting plant.

17 Where lifting attachment points are provided on lifting appliances they should

be regarded as part of the appliance eg lugs fitted to the buckets of mobileexcavators, and spreader frames. Where such points are provided on the load itself

they should be regarded as part of the load and not the lifting appliance eg lifting

points on intermediate bulk containers (IBCs) and work vehicles.

18 A winch which is used for a vertical or inclined lift should be regarded as

a lifting appliance but a winch which is limited to horizontal movement of loads

should not.

19 The phrase stationary or mobile appliance used in the definition of lifting

appliance includes the supporting rails of an overhead travelling crane.

lifting gear means any gear by means of which a load can be attached to a

lifting appliance and which does not form an integral part of that appliance or load

but does not include pallets, one-trip slings, pre-slung cargo slings and freight

containers;

20 Lifting gear covers the whole range of gear used for attaching loads to lifting

appliances with the exception of pallets, one-trip slings, pre-slung cargo slings and

freight containers. Pallets, one-trip slings and pre-slung cargo slings are separately

dealt with in these Regulations. The design, construction and approval of freight

containers are dealt with in the Freight Containers (Safety Convention) Regulations

1984. Other aspects of the handling and use of containers are dealt with in other

parts of the Guidance under Regulations 7, 12 and 13.

21 Where lifting attachment points are provided on lifting gear they should beregarded as part of the gear. Lifting attachment points provided on the load itself,

eg on IBCs and work vehicles (see also paragraph 17), should be regarded as part

of the load and not the lifting gear.

lifting plant means any lifting appliance or lifting gear;

maintained means maintained in an efficient state, in efficient working order and in

good repair;

one-trip sling means a sling which has not previously been used for lifting any

other load and is fitted to the load at the commencement of the journey and

intended to be disposed of at the destination of that journey;

Guidance

2(1)

Regulation

2(1)

Guidance

2(1)

Regulation

2(1)


12/103


Health and Safety

Executive

22 One-trip sling includes banding and securing wire designed and intended to

be used for lifting purposes. A sling intended for disposal at the destination of its

first journey but in fact retained and re-used must cease to be regarded as a one-

trip sling and will be subject to all the Regulations relating to lifting gear. If a sling

is to be treated as a one-trip sling (for instance on import cargo) dock operatorsshould consider whether its condition supports that claim before regarding it

as coming within the definition of a one-trip sling and thereby subject only to

Regulation 13(2). Journey means the period for which the load and sling are

together in combination.

pleasure craft means any description of vessel when used solely for sport or

recreation, other than for carrying fare paying passengers;

23 Pleasure craft as defined are not subject to the Docks Regulations. It should

however be noted that the definition of pleasure craft does not include vessels

such as cruise liners and passenger steamers, which are used by passengers for

pleasure but which are run as a commercial operation with fare paying passengers.These vessels are therefore subject to the Regulations.

pre-slung cargo sling means a sling which was in position round the goods before

they were handled in the course of dock operations;

safe working load in relation to lifting plant means -

(a) the safe working load for that plant specified in the latest certificate or

report of examination obtained pursuant to regulation 17, except that

where the safe working load so specified is restricted to one particular

operation, then for the purposes of regulation 16(1) to (5) only (which

relates to markings and indicators on lifting plant), the safe working load

shall be that appropriate to the plant under normal use; or

(b) where no certificate or report has been obtained pursuant to regulation

17 but a certificate of examination of the plant has been obtained

pursuant to the Docks Regulations 1925 or the Docks Regulations 1934

which specifies the safe working load, the safe working load specified in

the latest certificate so obtained; or

(c) where neither sub-paragraph (a) nor (b) above applies, the safe working

load specified by the manufacturer of the plant in any written information

supplied with the plant;

24 The safe working load of an item of lifting plant is that specified in the latest

certificate or report of thorough examination issued under Regulation 17, or, in the

first year of operation of the Regulations where such a report or certificate has notbeen issued, the corresponding provisions of the 1934 Docks Regulations. Where

a suitable report or certificate cannot be found, then the safe working load is that

specified in any appropriate manufacturers information which is available.

25 The purpose of the exception in paragraph (a) of the definition is that if the

safe working load is varied temporarily for a particular lifting operation then the

normal marking of the safe working load required under Regulation 16 does not

need to be changed for that operation.

ship (except in regulation 4(4)) includes all vessels and hovercraft which operate

on water or land and water;

26 The term ship is wider than in merchant shipping legislation. It will include

warships, chain ferries, non-powered craft and other vessels which are not capable

of independent navigation.

Guidance

2(1)

Regulation 2(1)

Guidance

2(1)

Regulation

2(1)

Guidance

2(1)

Regulation 2(1)

Guidance

2(1)


13/103


Health and Safety

Executive

vehicle includes all lift trucks, locomotives and rolling-stock, and trailers and semi-

trailers and other mechanical plant which moves on wheels, tracks, skids or any

combination thereof;

27 Vehicle includes the full range of plant moved on wheels or skids or by tracklaying together with hovercraft which only operate on land. Mobile lifting plant is

included in the term when being driven from one point to another. Locomotives,

wagons and carriages used in dock operations are also included. These

Regulations do not modify the railway regulatory Acts, which apply to statutory

railways. Vehicular cargo which is being driven is included in the definition.

vessel means any description of craft used for the transport of goods or

passengers or the storage of goods or the accommodation of passengers on

water, whether used in navigation or not;

welfare amenities means -

(a) sanitary conveniences;

(b) baths and shower baths;

(c) washing facilities (including wash basins, hot and cold running water and

soap and clean towels or other suitable means of cleaning and drying);

(d) a supply of wholesome drinking water;

(e) a supply of protective clothing, that is to say, clothing suitable for the

protection of the wearer in refrigerated spaces or against dirt from

handling dirty goods or against inclement weather;

(f) accommodation and facilities for changing into clothing worn during

working hours and for storing and drying clothing so worn and clothing

not so worn;

(g) canteens or accommodation and facilities (including facilities for heating

food and boiling water) for workers employed at dock premises to

partake of meals provided by themselves;

(h) shelters for use during inclement weather.

28 With the exception of the reference to refrigerated spaces in paragraph (e),

the definition of welfare amenities in Regulation 2 is almost exactly that used in

the Docks and Harbours Act 1966. Compliance with that Act will therefore assure

compliance with Regulation 19(1) of the Docks Regulations. An example of a

suitable scheme is given in Appendix 10.

29 The expression refrigerated spaces refers to cold stores, refrigerated holds

and other places where similar temperatures may be encountered.

(2) Unless the context otherwise requires, any reference in these Regulations to -

(a) a numbered regulation is a reference to the regulation of these

Regulations so numbered;

(b) a numbered paragraph is a reference to that paragraph so numbered in

the regulation in which the reference appears.

(3) Where a person supplies plant to another (the customer) under a hire

purchase agreement, conditional sale agreement or lease and -

(a) he carries on the business of financing the acquisition of goods by others

by means of such agreements, or, if financing by means of leases, theuse of goods by others, and

(b) in the course of that business he acquired an interest in the plant

supplied to the customer as a means of financing its acquisition by that

customer (or, in the case of a lease, its provision to that customer), and

Regulation

2(1)

Guidance

2(1)

Guidance

2(1)

Regulation 2(1)

Regulation

2(2)

Regulation

2(3)


14/103


Health and Safety

Executive

(c) in the case of a lease he or his agent either has not had physical

possession of that plant, or has had physical possession of it only for the

purpose of passing it on to the customer;

the customer and not the person who provided the finance shall be treated for thepurposes of these Regulations as being the owner of the plant, and duties placed

on owners in these Regulations shall accordingly fall on the customer and not on

the person providing the finance.

Regulation 3 - Application of the Regulations

These Regulations shall apply to and in relation to all dock operations -

(a) in Great Britain; and

(b) outside Great Britain within territorial waters to and in relation to the

loading, unloading, fuelling or provisioning of a vessel, as sections 1 to59 and 80 to 82 of the 1974 Act apply by virtue of Article 7(b) of the

Health and Safety at Work etc. Act 1974 (Application outside Great

Britain) Order 1977.

1 Regulation 3 specifies the scope of the Regulations. They will apply to any

dock operation in Great Britain (not Northern Ireland) including those carried out

in inland waterways and those within bays, estuaries, and elsewhere within the

baseline from which territorial waters are measured. They also apply in cases where

shore based workers are involved in any dock operation carried out in territorial

waters, which extend a further 12 miles beyond the baseline by virtue of the

Territorial Sea Act 1987. The baseline is defined in the Territorial Waters Order in

Council of 25 September 1964.

Persons upon whom duties are imposed

(1) Subject to paragraphs (3) and (4), it shall be the duty of every -

(a) employer;

(b) self-employed person; and

(c) other person on whom a duty is imposed by section 4 of the 1974 Act,

to comply with all provisions of these Regulations, but such a duty shall

extend only to matters within his control.

1 Regulation 4(1) places duties on employers, self-employed persons and

persons with duties under Section 4 of the HSW Act, which imposes duties on

persons controlling premises in relation to others who are not their employees but

who use those premises as a place of work or as a place where they may use plant

or substances provided for their use there. In the dock context this would therefore

mean that duties are placed on owners or controllers of dock premises (even if they

employ no one) in relation to any person whether employed or not who uses their

premises. Duties also fall on persons who rent premises. The precise distribution

of duties in a particular case will depend on the control actually exercised. The

terms of any contract may therefore be relevant in determining the degree of

control that exists. This will be in addition to duties imposed on employers and

the self-employed. Guidance on the duties placed by the Docks Regulations onthe masters and crew of ships is given in paragraphs 1 to 4 of the Guidance to

Regulation 4(4). These paragraphs also refer to duties placed on masters and crew

under corresponding merchant shipping legislation.

Regulation

2(3)

Regulation

3

Guidance

3

Regulation

4(1)

Guidance

4(1)


15/103


Health and Safety

Executive

2 The duties under Regulation 4(1) only extend to matters within the persons

control. Therefore if an employer hires, contracts or loans employees to another

employer, the respective responsibilities of the two employers will depend upon the

control they effectively exercise over the employees activities. Matters of training

and fitness may continue to be under the control of the first employer. However,safe systems of work and work planning as well as matters relating to the place of

work may be under the control of the employer who actually carries out the work

and the duties under these Regulations should be construed accordingly.

3 Duties under Regulation 4(1) extend to employers whose employees visit

docks to carry out work which is incidental to the main dock process. For example,

the employer of a lorry driver who delivers goods to a dock will have duties

associated with the safety of the lorry and its cargo. Some employers will have

responsibilities even if neither they nor their employees visit dock premises. For

example, the employer packing an export container at an inland clearance depot

can be held legally responsible for a breach of the Regulations by virtue of Section

36 of the HSW Act if he overloads or unsafely packs that container, or does notmake adequate arrangements for securing the container to the vehicle which

transports it to dock premises.

4 As a further example of the application of Regulation 4(1), consider the

requirement of Regulation 15 that no lifting plant shall be used unless it has been

thoroughly examined by a competent person. If the owner of a berth hires out

the berth together with a crane to various stevedoring firms he must either take

responsibility for arranging for a thorough examination of the crane to be carried

out or advise the individual firms that this has not been done. The stevedoring firm

wishing to use the crane must ensure that their employees do not use it unless it

has been so examined and found to be safe for use.

(2) Subject to paragraphs (3) and (4), it shall be the duty of every employee

to comply with such of these Regulations as relate to the performance of or the

refraining from an act by him in the course of a dock operation.

1 Regulation 4(2) places duties on employees, including certain peripatetic

workers who visit dock premises from time to time eg lorry drivers. It covers a

number of different situations - for example, a crane driver instructed not to lift a

particular load because it would overload a crane would be in breach of Regulation

13 by virtue of Regulation 4(2) if he did so. The duty on employees does not

affect the duty of employers in relation to the same matter, within the limits of their

control. Thus, while an employee has a duty to wear a safety helmet when it is

issued, in situations covered by Regulation 19, an employer also has a duty, within

the limits of his control, to require the employee to wear it.

(3) Paragraphs (1) and (2) shall not apply to regulations 8(4), 17, 19(2) to (5), and

20, which expressly say on whom the duties are imposed.

1 Regulation 4(3) disapplies Regulations 4(1) and 4(2) from Regulations 8(4), 17,

19(2)-(5) and 20 because these themselves impose duties.

(4) No duty imposed by these Regulations shall be placed upon -

(a) the master or crew of a ship; or

(b) any person employing the persons in sub-paragraph (a),

in relation to plant which remains on board the ship and any dock operation carried

out on the ship solely by the master or crew of the ship; and in this paragraph

master and ship have the meanings assigned to them by section 742 of the

Merchant Shipping Act 1894.

Guidance

4(1)

Regulation

4(2)

Guidance

4(2)

Regulation 4(3)

Guidance 4(3)

Regulation

4(4)


16/103


Health and Safety

Executive

1 The first objective of Regulation 4(4) is to exclude the master and crew of

ships as defined in the Merchant Shipping Act 1894, and any person employing

them, from duties imposed by the Docks Regulations 1988 in relation to the

provision of safe plant on a ship which forms part of the ships equipment. This

is because similar duties are placed on such persons by Merchant Shippinglegislation and this exclusion minimises overlap with the Docks Regulations.

Masters however do have duties under the Docks Regulations in relation to an item

of ships plant, for example a fork lift truck, if it is also used ashore. Any duty which

may fall on a master is also limited by Regulation 4(1) to matters within his control.

Duties placed on persons regarding stevedoring plant brought aboard the ship are

dealt with in Regulation 4(1) rather than Regulation 4(4).

2 The term master does not include a watchman or similar person who may

be the only person on board, and could therefore be considered to be in charge

of a ship.

3 The second objective of this Regulation is to exclude duties falling on themaster or crew of a ship in respect of dock operations carried out exclusively

by them aboard that ship; for instance where the crew of a barge-carrying ship

unloads the cargo of barges directly into the water without shoreside involvement

and the barges are subsequently towed away to be individually discharged at

a riverside berth. A further example where the Regulations do not create duties

concerns the transfer at sea in territorial waters of cargoes, ships stores or fuel

where only ships crew are involved. The Docks Regulations would however create

duties in a case where the crew of a ship were employed ashore to carry out a

dock operation eg loading ships stores, or where shore-based employees of a

shipping company carry out a dock operation.

4 Where a loading or unloading operation involves a ships crew and shoreside

workers working together aboard ship eg ro-ro operations, the provisions of the

Docks Regulations will apply, thereby imposing duties, by virtue of Regulation 4(4),

on masters, crew and their employers, as well as the shoreside workers involved

and their employers.

Regulation 5 - Planning and execution of work

Dock operations shall be planned and executed in such a manner as to ensure so

far as is reasonably practicable that no person will be exposed to danger.

General

1 Systems of work directed at securing the health and safety of persons at

work should be developed and implemented for the handling of all goods as

defined in Regulation 2. They should be suitably modified to take account of any

new facilities which are introduced including plant, buildings and working areas.

2 Paragraph 1 of the ACOP deals with the development of systems. With few

exceptions, each dock will deal with a variety of types of cargo and ship but over

a period of time operations involving specific cargoes or ships will be repeated. It

is therefore desirable that records be maintained, perhaps computerised, so that

historical data can be used to analyse health and safety problems. These may

have been previously identified either with a view to avoiding accidents, dangerous

occurrences and near misses, or after such an event. Solutions found should alsobe recorded, so that future operations can be carried out with a greater degree

of safety. Such records could include matters such as access problems, types of

plant needed, protective clothing requirements and any special hazards likely to be

found.

Guidance

4(4)

ACOP

5

Regulation

5

Guidance

5


17/103


Health and Safety

Executive

3 The interpretation of the term reasonably practicable is discussed at

paragraph 2 of the Guidance to Regulation 2. The general duty required under

Regulation 5(1) is for dock operations to be planned and executed so as to ensure

so far as is reasonably practicable that no person will be exposed to danger. This

means that those having control and therefore duties under Regulation 4(1) have totake account of persons acting in a reasonably foreseeable way in circumstances

that may reasonably be expected to occur, so far as is reasonably practicable. This

will include amongst other things taking account of foreseeable vagaries in human

behaviour, for example carelessness, which could result in a person exposing

himself or others to danger. It does not include unforeseeably perverse behaviour. It

should also be remembered that Regulation 4(2) of the Docks Regulations imposes

certain duties on employees, as do sections 7 and 8 of the HSW Act.

4 Where two or more persons or corporate bodies exercise control over

matters subject to these Regulations, they should collaborate so as to ensure

that their duties in relation to those matters are discharged.

5 Paragraph 4 of the ACOP deals with collaboration in situations where two

or more persons exercise control over matters subject to the Regulations. A

typical example concerns ro-ro working where a ships crew, stevedores and lorry

drivers may be involved together. Strict procedures will need to be set up by the

participants and agreed by all concerned. Other examples are the operation of

exchange grids at container berths and heavy lifting operations where two or more

cranes may be involved in tandem lifting. In these cases it is necessary to establish

who is in control of each group and who is in overall control.

6 Where employees other than crew go aboard ships, each employer

should collaborate with the ships master and each other to ensure that their

respective duties are discharged. Throughout this Code of Practice, the term

master should be taken to include any ships officer in charge of the ship

during the absence of the master.

7 Paragraph 6 of the ACOP deals with collaboration between the ships master

and the employers of other persons who go aboard ship to ensure that their

respective duties to their employees are discharged. The persons concerned will

be those whose activities are linked with the dock operation and may include

those engaged in rigging, sampling or inspecting cargo or carrying out customs

and excise work as well as those directly involved in moving cargo. Matters on

which collaboration is necessary include access to the ship, access to the cargo,

prevention of persons falling from cargo, methods of working and selection of lifting

plant. In cases where a ship is a regular visitor to a port eg a cross channel ferry, it

may be possible for arrangements to cover all future visits. In cases where a vesselmakes a single visit, one-off arrangements for that visit will be necessary. Where

employees of one party operate plant belonging to another, those parties should

establish clear arrangements for the authorisation of drivers and operators required

by Regulation 11.

8 Collaboration will also be necessary during mooring and berthing operations.

This work is frequently carried out by boatmen who will handle the mooring

ropes from their own vessels and on shore. Matters to be considered include

the provision of adequate lighting (Regulation 6), safe access (Regulation 7) and

protective clothing (Regulation 19). Safe systems of work should be laid down to

cover mooring operations, and should include consideration of, for example, safe

construction and use of mooring equipment such as capstans and quick releasemooring hooks, clear identification of mooring points, and adequate means for

communicating with the vessel being serviced.

ACOP

5

Guidance

5

Guidance

5

ACOP

5

Guidance

5


18/103


Health and Safety

Executive

9 Employers should make arrangements for dealing with any reports

of defects made to them by employees under Regulation 20. They should

modify the planning and execution of dock operations as may be necessary

in the light of reports of defects. If such a report relates to plant owned or

used by some other person, the employer should advise that other person ofthe defect.

10 During the normal course of work it must be expected that defects will arise

and that employees are likely to be the first to spot these. Each employer will

need to set up an effective system to channel such reports to the appropriate

repair section and make the system known to his employees. He will also need

to plan for monitoring arrangements to ensure that the system remains effective.

In all but the most simple cases it will be necessary to employ a written system of

processing reports. The use of coloured decals on defect report forms may assist

in channelling the forms to the correct person or department.

11 There should be appropriate arrangements for dealing with emergenciesor other unexpected situations which may arise. Those concerned should be

appropriately instructed in advance.

12 The arrangements should include procedures for summoning emergency

services, details on the location and use of rescue equipment and sources of

information about dangerous chemicals. In most cases it will be appropriate for

the instructions to be in writing and so placed that necessary action can be taken

without delay. The Dangerous Substances in Harbour Areas Regulations 1987

and the Control of Industrial Major Accident Hazards Regulations 1984 contain

provisions relating to emergencies and may apply in dock premises.

13 Operational procedures should cater for lifting operations and should

include provisions to ensure that lifting and other necessary plant used

conforms to the requirements of these Regulations.

14 Paragraph 13 of the ACOP refers to the provision of suitable lifting plant.

Much useful advice is contained in BS 3010 (and BS 5744) about the selection

and use of appropriate cranes. The provision of appropriate lifting gear is no less

important.

15 Operational procedures should be such as to minimise -

(a) the lifting of loads over persons;

(b) the lifting of loads over means of access, particularly means of access

to ships.

16 Paragraph 15 of the ACOP draws attention to two practices presenting

particular dangers which should be avoided wherever reasonably practicable.

First, every effort should be made in planning and organising the work, and in

siting and rigging lifting appliances to avoid situations in which loads must pass

over areas where people are likely to be working or passing. This is particularly

important where loose material is being lifted in buckets or grabs. Where no

other arrangement is reasonably practicable, it will be necessary for the signaller

to ensure that all persons are clear before giving the signal to start. Second, it is

important to plan the siting of lifting plant and of a ships access in conjunction, so

that wherever reasonably practicable loads do not have to pass over the means of

access; and to arrange other access routes so that they pass clear of the area oflifting operations wherever reasonably practicable. In particular, access about the

deck of a ship being worked should wherever reasonably practicable follow the

side of the ship remote from the operations.

ACOP

5

Guidance

5

ACOP

5

Guidance

5

ACOP5

Guidance

5

ACOP

5

Guidance

5


19/103


Health and Safety

Executive

17 No hold should be left open for dock operations longer than is required.

18 Paragraph 17 of the ACOP deals with the risk of falling into an open hatch.

While a suitable hatch coaming will prevent the fall of a person working at deck

level, it obviously cannot cope with the risk to a person performing tasks such asrigging work on deck cargo, eg freight containers, above deck level. No person

should work above an open hatch in a position where he could fall through the

hatch, unless effective measures exist or steps are taken to prevent him falling eg

by means of a purpose-built rigging platform provided with suitable guard rails.

19 Operational procedures should include adequate arrangements for

landing cargo and for short and longer-term storage of goods including safe

stacking. Goods should be stowed on board ship in such a way that they

do not obstruct any regular means of access unless an alternative means of

access is provided.

20 Paragraph 19 of the ACOP deals with safe stacking and storage of goods.Where freight containers are concerned these should be carefully stacked to ensure

that adjacent containers have compatible contents or are adequately separated.

They should be in line with one another and without overhang. Due consideration

should be given to the effect of wind, particularly where empty containers are

concerned, and where necessary they should be effectively locked together. Care

should be taken not to stack containers more than one high within 20 ft (6 m) of

an occupied building. Further guidance on container stacking is contained in HSE

Guidance Booklet HS(G)7 Container Terminals.

21 Special attention should be given to operations involving the handling of tank

containers and in particular, where they are only part full, to ensure that surge within

the liquid cargo does not bring about a dangerously unstable condition while they

are being moved. Lift trucks should only be involved in such operations when fitted

with top lift spreaders. A tank container should not be lifted directly by fork lift truck

using the fork arms because in addition to the stability problem, there is a risk that

the forks may damage the shell of the tank.

22 Where necessary, the safe level of floor loading of warehouses where

goods are stored should be established. Notices stating these levels should

be conspicuously posted and arrangements taken to ensure that they are not

exceeded. Such arrangements should include suitable stacking of goods and the

use of specific types of lift trucks which, when in the loaded condition, do not

cause excessive point loading of the floor.

23 When timber, particularly softwood, is required to be stacked on shore,individual setts and stacks should be constructed to remain stable even in windy

weather. Care should be taken when removing setts from a stack to ensure that the

stability of the stack is not reduced. During such operations persons should not be

permitted to remain in or move into areas where they may be struck by a falling sett

or other objects dislodged for example by a lift truck.

24 Where materials are handled on overhead conveyors, steps should be taken

to prevent falling material striking people working or passing below. Any material

which falls to the ground and which could cause a hazard should be cleared up as

soon as reasonably practicable.

25 Special care should be taken to minimise the risk to persons working inconfined areas where they may be trapped by the load of an adjacent lifting

operation. In particular, special care is needed where loading and unloading of open

topped freight containers and open back goods vehicles are concerned.

ACOP 5

Guidance

5

ACOP

5

Guidance

5


20/103


Health and Safety

Executive

26 Where the temporary movement of cargo, for example during the restowing of

goods in a ships hold has led to the blocking of normal access ways, new access

routes may have to be created, and special attention should be given to ensuring

that these are safe, to meet the conditions laid down in the ACOP paragraph 19.

Collaboration may be necessary between the employers of shoreside employeesand the ships master to achieve this.

27 Operational procedures should include means for establishing the

correct gross weight of each load to be lifted. Where reasonably practicable

this information should be marked on the load together with any other

information necessary for its safe handling. Items, for instance machinery,

whether crated or not, with centres of gravity significantly away from their

apparent centres in any plane should be appropriately marked to facilitate

safe slinging, lifting and securing.

28 Paragraph 27 of the ACOP indicates that to enable adequate planning

and execution of cargo handling operations, each load to be lifted should wherereasonably practicable be marked with its correct gross weight and any other

information necessary for its safe handling. Such additional information should

include advice about the handling of end heavy or top heavy loads, about parts

of the load which should not be used as lifting points and about the method of

slinging to be used. Whenever possible, such markings should be of a pictorial

nature: advice on such symbols can be obtained from BS 2770. Persons providing

eyebolts on loads for lifting purposes and persons carrying out such lifting should

refer to BS 4278 Eyebolts for lifting purposes to assess suitability.

29 Where loads of significant weight are not marked with their weight,

and the weight is not easy to estimate, the loads should be check-weighed,

unless accurate information is available to determine their weight by

reference to the cargo manifest or otherwise.

30 Those undertaking dock operations may accept the declared weight on

the cargo manifest or shipping note as correct unless sighting of the load clearly

indicates that an error has been made in such a declaration or there is some other

reason to doubt its validity.

31 Operational procedures should be established to ensure that the floors

of containers or road vehicles are not dangerously overloaded when fork

lift or other trucks are operated inside them. These should include clearly

marking trucks and detachable accessories such as clamps with their

unladen weight.

32 Freight containers, lorries and trailers should be safely and securely

packed at the point of packing and should not be overloaded. In addition

vehicles carried as cargo and which are to be driven on or off a ship should

be safe to drive.

33 The safe system of work should include adequate arrangements for

any necessary checking, inspection or examination of goods that may be

required, including arrangements to ensure that the movement of the goods,

or any plant carrying them, does not put any person performing such an

operation in a position of danger.

34 Paragraph 32 of the ACOP specifies that freight containers should be safelyand securely packed. Advice on the safe and secure packing of freight containers

is given in BS 5073 Guide to stowage of goods in freight containers and in IMO/

ILO Guidelines for packing cargo in freight containers or vehicles (see Appendix 4).

The term safely includes compatibility. The safe packing of dangerous substances

Guidance

5

Guidance

5

ACOP

5

ACOP

5

Guidance

5

ACOP

5

Guidance

5


21/103


Health and Safety

Executive

in freight containers is discussed in paragraph 87 of the Approved Code of Practice

Dangerous Substances in Harbour Areas which has been issued to give practical

guidance on the Dangerous Substances in Harbour Areas Regulations 1987.

35 The weight of the total load packed into the freight container together with thetare weight of the container should not exceed the maximum gross weight given

on the Safety Approval Plate required to be affixed to the container by the Freight

Containers (Safety Convention) Regulations 1984.

36 The requirement to pack safely and securely each freight container, lorry and

trailer and to ensure it is not overloaded extends beyond the dock premises by

virtue of Section 36 of the HSW Act to those who carry out the packing operation.

In general it is not expected that the stowage in each container, lorry and trailer

should be physically checked by those handling it at dock premises. However

where there is reason to suspect that the stowage is not safe or secure or if there

is reason to suspect overloading, physical checks should be made.

Deck cargo

37 The plan for the safe handling of deck cargo should be such as to

minimise the need for walking across or climbing on to that cargo, if this

involves an approach to the edge of a dangerous drop.

38 Work that does involve approach to an unprotected edge should be

so organised as to minimise the hazard of falling over the edge. Suitable

slip-resistant footwear should always be provided and used for such work,

which should not be permitted when weather conditions are unsuitable, such

as in strong winds or icy conditions. Where outriggers and safety nets are

provided, they should be used.

39 Except where adequate precautions have been taken to prevent injury,

no work should be performed on deck cargo adjacent to an open hatchway if

the work involves a person being in a position where he would be liable to fall

down the hatchway.

40 When cargo is built up in sections in the hold and there is a risk of

persons falling more than 2 m, suitable safety measures should be taken to

protect persons against such a fall.

41 Paragraphs 37 to 40 of the ACOP deal with work on top of deck cargo.

Where containers are involved, the system of work should be designed to limit

the need to work on container tops to the minimum possible. Where access

to the tops of containers is necessary, advice may be found in paragraph 5 of

the Guidance to Regulation 7(3), and paragraphs 3 and 4 of the Guidance to

Regulation 7(5).

42 Where deck stowage of timber setts and work at its open edges is involved,

the system of work should be such that work at the open edges is minimised. Pre-

slinging of key setts located at the centre of each tier allows these to be removed

first so that discharge starts from the centre and progresses outward. Employees

are thus protected from falling by the edge setts. Removal of edge setts on each

tier should be left till last and removal can be achieved with minimum risk if they are

pre-slung. Where pre-slinging of these setts is not possible, the edge sett should

where necessary be dragged or moved inboard to eliminate the need for work atextreme edges.

Guidance

5

ACOP

5

Guidance

5


22/103


Health and Safety

Executive

Ships equipment

43 Regulation 23(a) provides that the requirements of the Factories

Act 1961 relating to machinery and hoists and lifts do not apply to ships

equipment. Nevertheless, without prejudice to the generality of Regulation

5, persons with duties under these Regulations must ensure that operations

which include the use of such machinery or plant are planned and executed

safely. It follows that the duty holders should make checks concerning the

safety of the plant, so far as it is within their control. In particular, before any

employer of shore workers authorises his employees to use ships gear, he

should arrange for it to be checked together with any associated certificates

of test or thorough examination. It should be noted that Regulation 14(2)

makes specific requirements concerning the safety of lifting appliances on

ships.

44 Paragraph 43 of the ACOP relates to work with ships plant not subject to the

requirements of the Factories Act 1961. Examples of plant in this category includecargo lifts and dangerous parts of machinery forming parts of deck-mounted

travelling cranes, ramps and other ships equipment. The planning should ensure

that the appropriate machinery or plant is safe to be used or operated before

permitting it to be so used or operated. Guarding should be in full compliance

with the standards of the Merchant Shipping (Guarding of Machinery and Safety of

Electrical Equipment) Regulations. Employers of shore-based employees should not

permit them to work in the vicinity of plant where guarding is below this standard.

Further advice about guarding of dangerous parts of machinery is contained in BS

5304 Code of practice for safety of machinery.

Regulation 6 - Lighting(1) Each part of dock premises which is being used for dock operations shall be

suitably and adequately lighted.

1 An average illuminance of at least 20 lux should be provided wherever

people are working, except in positions such as the cabs of cranes or

vehicles. In these cases a lower level of lighting would be acceptable and in

particular at night, artificial lighting inside the cab may be inappropriate since

this could interfere with the drivers vision. In certain places not normally used

for working such as culverts and other locations with restricted space, the

use of torches may be the only practicable means of lighting. Consequently it

may not be possible to achieve a lighting level of 20 lux in these situations.

2 An average illuminance of at least 5 lux should be provided at any

means of access to a place where work is going on or is to be done or

has recently finished, being a means of access which is not adequately

lit naturally and which is normally used by pedestrians. Means of access

normally used only by vehicles do not need lighting if the vehicles are fitted

with lights to vehicle construction standards.

3 The requirements of Regulation 6(1) will also be met, for access between

ship and shore and approaches thereto on board ship, by compliance with

the Merchant Shipping (Means of Access) Regulations (20 lux). For areas on

the ship, compliance with the Merchant Shipping (Safe Movement on Board

Ship) Regulations (20 lux for working areas, 8 lux for transit areas) will meetthe necessary standards.

ACOP

5

Guidance

5

Regulation

6(1)

ACOP

6(1)


23/103


Health and Safety

Executive

4 The lighting should be reasonably constant and uniform, minimising

sharp contrasts so far as is practicable. Lights, work and storage should be

arranged wherever practicable so that it is not necessary to work in deep

shadow.

5 The lighting should be adequate for accurate and safe movement and

working, and make any warning signs clear.

6 Lighting should be such as to enable obvious damage to or leakage

from packages to be seen.

7 Where there is a need to read labels or container plates or carry out

other work of short duration, either the general level of lighting should be

adequate and suitable to allow this, or other means should be provided such

as a torch or other portable lighting.

8 The lighting should enable colours to be distinguished, particularlywhere colour is used as a means of conveying warnings. Examples include

coloured decals on containers, and pictorial signs.

9 The lighting should be so arranged as to minimise glare to persons

including those navigating ships and others working on the water.

10 Lighting should be properly maintained.

11 In addition to the examples given in paragraph 1 above, portable lighting

may be acceptable in other cases. These include places which are visited

infrequently for short periods such as remote parts of dock premises.

12 Regulation 6(1) requires that each place where employees go in the course

of their employment should be suitably lighted while dock operations are in

progress. The ACOP specifies average illuminances for both workplaces and

means of access and requires that the lighting should be reasonably constant

and uniform, minimising sharp contrasts. The levels of lighting specified were first

published in the ILO Code of Practice on Health and Safety in Dockwork in 1958

and were repeated in the 1977 edition. Particular hazards may need higher levels

of illumination and in some instances, where for example tables may have to be

read, supplementary means such as torches may be necessary. Road lighting

installations which comply with BS 5489 part 3 are likely to provide an adequate

standard of lighting for access on dock roads but additional lighting may be

necessary at danger points such as road junctions (but see also paragraph 2 of the

ACOP and paragraph 16 below).

13 Paragraph 3 of the ACOP refers to standards for lighting laid down in

Merchant Shipping Regulations. It should also be noted in the context of the

Docks Regulations that dock operations includes the embarking or disembarking

of a ships crew at dock premises as defined, even if at that particular time their

ship is not being loaded or unloaded. In this connection, the immediate shoreside

approaches to the means of access on to the ship should be lit as required by

Regulation 6(1) and to the standards set out in the ACOP. Ship-shore access and

areas on board ship should be lit according to the requirements of the Merchant

Shipping Regulations described above in paragraph 3 of the ACOP. The movement

of ships crew about dock premises generally, other than for the purposes of dock

operations, whilst not covered by the Docks Regulations, is subject to the generalrequirements of the HSW Act.

ACOP

6(1)

Guidance

6(1)


24/103


Health and Safety

Executive

14 The standard of 20 lux referred to in paragraph 1 of the ACOP is applicable

wherever people are working, including designated trailer and lorry parking areas

where vehicle numbers need to be read or trailer landing gear operated.

15 Railway premises should be lit to a standard equivalent to that which wouldapply if they were operated entirely by British Rail. In cases of doubt reference

should be made to HM Factory Inspectorate.

16 Means of access not normally used by pedestrians need not be provided with

permanent lighting arrangements, but where necessary, alternative arrangements,

such as the provision of torches, should be made by the employer. Where vehicles

are required to have lights to the standards demanded on public roads, it will not

be necessary to provide permanent road lighting where a road is used only by

vehicles so lit.

17 Another exception to the general guidance set out in paragraph 1 of the

ACOP applies in the case of gig boatmen and others working on the water, wherean average illuminance of 20 lux may be impossible to achieve, and might also

impair necessary night vision.

18 Paragraph 2 of the ACOP specifies that an average illuminance of at least 5

lux should be provided at any means of access. When the means of access is a

vertical ladder or a staircase, eg a ladder or staircase leading to a crane cab, the

lighting should be such that the illumination of all parts of the ladder or staircase

is not less than an average illuminance of 5 lux. In the case of certain quayside

and other outside ladders, it may not be practicable to achieve this. Under these

circumstances, the best lighting which is practicable should be provided. It is not

expected that quayside ladders will be equipped with their own shoreside lighting.

Where these are used for access to vessels, however, lighting will be required, but

this will generally be provided by the ship.

19 Paragraph 3 of the ACOP and paragraph 13 above explain the requirements

in merchant shipping legislation which will apply on board ship. Compliance with

these is particularly important in the case of hatchways and holds.

20 Guidance on instrumentation and techniques for measuring lighting levels in

dock premises is given in Appendix 7.

(2) Every obstacle or hazard in dock premises which is likely to be dangerous

when vehicles, lifting appliances or people move shall be made conspicuous by

means of colouring, marking, lighting, or any combination thereof.

1 The phrase likely to be dangerous applies to obstacles of whose

presence the driver, operator or pedestrian is unlikely to be aware, or which

may be encountered unexpectedly. It would not be expected to refer to

commonplace items such as buildings, bollards, kerbs and so forth which are

routinely found on dock premises.

2 Hazard includes only matters which, while not strictly obstacles, cause

danger when vehicles, lifting appliances or persons move, such as, for

example, a spillage of oil on a roadway. It does not apply to other matters

such as the use of a defective lifting appliance.

3 Where signs are used, these should comply with the Safety SignsRegulations 1980.

Guidance

6(1)

Regulation

6(2)

ACOP

6(2)


25/103


Health and Safety

Executive

4 Regulation 6(2) requires that obstacles or hazards in dock premises which

are likely to be dangerous to pedestrians or the drivers of vehicles should be

made conspicuous. Obstacles or hazards include road crossings, excavations,

blind bends in roadways, lamp standards and lighting towers, and rubbish skips

which are sited in such positions on the access route that they are liable to causeaccidents. Where obstacles need to be marked and lit for drivers, consideration

should be given to the position of the driver in relation to the ground, his vehicle,

and the background to ensure the effectiveness of the measures taken. In certain

cases, barriers may also be required, for example, to clearly mark and protect

excavations. Except where cargo is so located that it might cause an accident

unless made conspicuous, this Regulation does not apply to cargo in cargo

handling and storage areas set aside for the purpose.

Regulation 7 - Access

(1) Subject to paragraph (2), there shall be provided and properly maintainedsafe means of access to every part of dock premises which any person has to

visit for the purpose of dock operations, and in particular floors, decks, surfaces,

stairs, steps, passages and gangways comprised in dock premises shall not be

used unless they are of adequate strength for the purpose required, of sound

construction and properly maintained.

1 Regulation 7(1) requires safe means of access to workplaces and

working positions. This includes access on to plant on shore (including hired

plant) by operators or for maintenance, and to other places employees may

need to visit such as canteens and other welfare facilities, offices, etc. It

also covers safe means of access for crew, passengers, and other persons

who have business in connection with dock operations, to any place thattheir business may take them, including ships, ships holds, waiting rooms,

refreshment and toilet facilities.

2 The requirements of Regulation 7(1) will also be met in the case of

access on board ship by compliance with the Merchant Shipping (Safe

Movement on Board Ship) Regulations, and access to ship or ship to ship by

the Merchant Shipping (Means of Access) Regulations.

3 Safe means of access is required under Regulation 7 not merely for employees

who are in the course of their employment as judicially defined, but for all employees

who are properly proceeding about the dock premises, and for all other persons,

including members of the public, whose presence is connected with the dock

operations whether they are passengers or crew, relatives of passengers or crew

visiting them, policemen, firemen, inspectors, chandlers or any other person. Means

of access provided by one employer for the use of another are included (see also

paragraph 3 of the Guidance to Regulation 7(5)). Members of the public whose

presence is unconnected with the operations are not covered by these Regulations.

Section 3 of the HSW Act would apply however. The provision of safe means of

access on to and about ship is dealt with in the Merchant Shipping (Means of Access)

Regulations and the Merchant Shipping (Safe Movement on Board Ship) Regulations

respectively. Shoreside employers have a duty to ensure that such accesses provided

for use by dock workers are in fact safe. BS 4211 and BS 5395 are appropriate

standards for access by plant operators, or maintenance staff, to plant on shore.

4 It is recognised that in certain emergency situations where immediate action isessential it may not be possible to provide access to the highest standards which might

normally be expected. The access should however be safe within the constraints of the

situation and the employer should be able to demonstrate this.

Guidance

6(2)

Regulation

7(1)

ACOP

7(1)

Guidance

7(1)


26/103


Health and Safety

Executive

Pedestrian walkways on shore

5 Pedestrian walkways should where necessary and possible be separate

from roadways and other established routes used by vehicles, and from other

moving plant.

6 Pavements should be provided alongside busy roads on at least

one side. Where walkways are provided in working areas, they should be

delineated by painted lines or otherwise.

7 Whenever possible, walkways which are not totally separate from roads as

specified in paragraph 5 of the ACOP should be at a higher level than the roadway

to reduce the risk of contact between traffic and pedestrians. At dock premises

where this cannot be achieved, walkways should where possible be provided,

conspicuously marked and routed to minimise the risk to pedestrians.

8 When considering the provision of separate walkways, an assessment shouldbe made taking into account the following factors; vehicle size, driver vision, volume

of road and pedestrian traffic, restricted nature of the site and width of route and

the possibility of exclusion of people from the route. All busy roads should have a

pavement on at least one side unless pedestrian traffic is minimal. It is not normally

expected that separate pedestrian footpaths would be required in working areas

where of necessity the pattern of vehicle movement and cargo storing varies and

prevents the marking of fixed routes, eg cargo transit sheds and quays where

break bulk cargoes are handled. It is, however, normally expected t

Safety in Docks

Documents

Transcript of Safety in Docks