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Statutes

 

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Dock Workers (Safety, Health & Welfare) Regulations, 1990

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Regulations

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PART VI

SPECIAL PROVISIONS

110. Statement of accidents, etc.-

The Port Authorities, the dock labour boards and other employers of dock workers shall furnish to the Inspector the monthly statement of reportable accidents under these regulations in Form XIII.

111. Training of dock workers, responsible persons, etc.-

(1) Initial and periodic training shall be imparted to all categories of dock workers, responsible and authorised persons depending upon their nature of work and skill required for performing their duties. Safety aspects and precautions to be taken in pursuance of the provisions under the Act and the regulations shall be covered in the training.

(2) All first-aid personnel shall be imparted training including refresher courses by a qualified medical officer authorised for the purpose.

112. Emergency action plans.-

AII the ports shall have an approved emergency action plan acceptable to the Chief Inspector to handle the emergencies like,-

(a) fires and explosions;

(b) collapse of lifting appliances, buildings, sheds, etc;

(c) gas leakages and spillage of dangerous goods;

(d) drowning of dock workers, sinking of vessels, retrieval of transport equipment from dock basins; and

(e) floods, storms and other natural calamities.

113. Display of abstracts.-

The abstracts of the Act and of the regulations made thereunder in Form X and XI shall be displayed in every dock.

114. Safety Committee.-

(1) At every port there shall be constituted a safety committee which shall be headed by an officer not below the rank of Deputy Chairman of the Port. The main functions of the safety committee shall be-

(a) to investigate into the causes of accidents and unsafe practices in dock work and to suggest remedial measures;

(b) to stimulate interest, of employers and workers in safety by organising safety weeks, safety competitions, talks and film shows on safety, preparing posters or taking similar other measures;

(c) to go round the dock with a view to check unsafe practices and detect unsafe conditions and to recommend remedial measures for their rectification;

(d) to organise training programmes for the supervisory staff and workers;

(e) to look into the health hazards associated with handling different types of cargoes and to suggest remedial measures Including use of proper personal protective equipment; and

(f) to suggest measures for improving welfare amenities inside the docks and other miscellaneous aspects of safety, health and welfare in dock work.

(2) The safety committee shall be constituted by the Chairman of the port and shall include besides port officials, representatives of port users, the recognised labour unions and the Chief Inspector.

(3) The safety committee shall meet at regular intervals at least once in every quarter, and minutes of the meetings shall be circulated to the concerned departments of the Port, agencies and organisations.

(4) The decisions and recommendations of the safety committee shall be complied with by the port authorities, port users and the employers of dock workers.

115. Occupational health services for dock workers.-

(1) In every Port there shall be either a special medical service or an occupational health service available all times, and it shall have the following functions,-

a) provision of first-aid and emergency treatment;

(b) conducting pre-employment, periodical and special medical examinations of dock workers;

(c) periodical training of first-aid personnel;

(d) surveillance and rendering advice on conditions at work-places and facilities that can affect the health of dock workers;

(e) promotion of health education including family welfare among dock workers; and

(f) co-operation with the competent authority or Inspector in the detection, measurement and evaluation of chemical, physical or biological factors suspected of being harmful to the dock workers.

(2) The medical service shall collaborate with the labour department or any other concerned department or service of the port in matters of treatment, job placement, accident, prevention and welfare of dock workers.

(3) The medical service shall be headed by a doctor specialised in occupational health and shall be provided with adequate staff, laboratory and other personnel

(4) The medical services shall be located at ground level, be conveniently accessible from all workplaces of the port or dock, be so designed as to allow stretcher cases to be handled easily and so far as practicable, shall not be exposed to excessive noise, dust or other nuisance.

(5) The premises of the medical service shall comprise at least a waiting room, a consulting room, a treatment room and laboratory, apart from suitable accommodation for nurses and other personnel.

(6) Rooms for waiting, consultation and treatment shall:

(a) be spacious, suitably lighted and ventilated and wherever necessary heated or air cooled; and

(b) have washable walls, floor and fixtures.

(7) The medical service shall be provided with appropriate medical and laboratory facilities and such documentation as it may require for its work.

(8) The medical service shall keep and maintain records pertaining to medical examination of dock workers and other activities and shall provide adequate information on.-

(a) the dock workers state of health; and

(b) the nature, circumstances and outcome of occupational injuries.

116. The employer's general obligations.--

(1) The employer shall take all necessary steps, which, considering the kind of work, working conditions and the worker's age, sex, professional skill and other qualifications, are reasonably necessary for protecting the worker from being exposed to risks of accidents or injury to health at work.

(2) The employer shall make sure that the work place, its approaches and means of access conform to these regulations and are also otherwise in a safe condition.

(3) The employer shall take into account the workers training skill and experience when workers are set to work. A worker shall not be assigned a work for which he has not received sufficient instructions regarding possible dangers and precautions in the work, taking into account his training, skill and experience.

117. General Safety.-

No employer or dock worker shall negligently or wilfully do anything likely to endanger life, safety and health of dock workers, or negligently or wilfully omit to do anything necessary for the safety and health for the dock worker employed in dock work.

118. Repeal and Saving.-

The Indian Dock Labourers Regulations, 1948 and Dock Workers (Safety, Health and Welfare) Scheme, 1961 are hereby repealed:

Provided that any action taken or order issued under the said Regulations or the Scheme, shall as the case may be in so far as it is not inconsistent with these regulations, be deemed to have been taken or issued under the corresponding provisions of these regulations.

 

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