DOCK WORKERS (SAFETY. HEALTH AND WELFARE)
REGULATIONS, 1989
[See Regulations 49 and 51 (2)]
CERTIFICATE OF ANNEALING OF
LOOSE GEARS
Certificate
No.................
(1) In case of dock, wharf or quay
Name
of dock, wharf or quay where lifting appliances are fitted.
(2) In
case of Ship
Name of Ship ---------------------------------------------------------------------
Official
number ---------------------------------------------------------------------
Call Sign ---------------------------------------------------------------------
Port of registry ---------------------------------------------------------------------
Name of Owner ---------------------------------------------------------------------
|
Distinguishing number or mark |
Description of gear |
Number of the certificate of test and examination |
Number annealed |
Date of annealing |
Defects found at careful inspection after annealing |
|
1 |
2 |
3 |
4 |
5 |
6 |
7.
Name and address of public service, association, company or firm or
testing establishment carrying out the annealing and
inspection......................
8.
Name and position of competent person in public service, association,
company
or firm or testing establishment..........
I certify that on the date
shown in Column (5) the gear described in Columns (1) to (4) wa:; effectually
annealed under my supervision that after being so annealed every article was
carefully inspected; and that no defects affecting its safe working condition
were found other than those indicated in column (6).
Signature of the competent person Seal
(see
Note
below)
Registration/Authority
number of the competent person.
NOTES
1.
Column (2): The dimensions of the gear. the type of material of which It is
made and the heat treatment received in manufacture should be stated.
2.
"Competent person" means:
(i)
a person belonging to a testing establishment in India who is approved
by the Chief Inspector for the purposes of testing, examination or annealing
and certification of lifting appliances. loose gears or wire ropes;
(ii)
any other person who is recognised under the relevant regulations in
force in other countries as competent for issuing certificates for any of the
purposes mentioned in sub-clause (i) for implementation of the
Protection Against Accidents (Dockers) Convention (Revised), 1932 (No. 32) and
the Convention concerning Occupational Safety and Health in Dock Work (No.
152), 1979, adopted by International Labour Conference.
3. For
requirements as to annealing see instructions below:
This
certificate is optional. The above particulars may be entered in Pt. IV of the
Register (Form II).
1.
Chains (other than bridle chains attached to derricks or masks). rings.
hooks. shackles and swivels in general use of hoisting or lowering must be
effectively annealed at the following intervals:
|
Class of Gear |
If used on lifting appliances driven by power |
If used solely
on lifting appliances worked by hand |
|
1 |
2 |
3 |
|
(12.5
mm) and smaller gear |
6 months |
12 months |
|
Other gear |
12 months |
2 years |
2. The
annealing must be carried out under the supervision of a competent person.
3.
(a) It is recommended though not
required by the regulations, that annealing should be carried out in a suitably
constructed furnace, heated to a temperature between 600o to 700o centigrade,
for a period between 30 and 60 minutes
(b) It is recommended though not required by
regulations that normalising should be carried out in suitably constructed
furnace, heated to a temperature between 920o and 950o centigrade.
4.
The requirements of annealing does not apply to bridle chains attached
to derricks or masks, and the following classes of gears have been exempted
from annealing subject to the conditions stated below:
a)
Chains made of
malleable cast iron;
b)
Plate link chains;
c)
Chains, rings, hooks,
shackles and swivels made of steel;
d)
Pitched chains;
e)
Rings, hooks, shackles
and swivels permanently attached to pitched chains, pulley, blocks;
f)
Hooks and swivels
having crew-threaded parts of ball bearings or other case hardened parts;
g)
Bordeaux connections.
These classes of gears have been exempted from
annealing subject to the conditions that such gear shall be thoroughly examined
by a competent person once at least in every twelve months and that before the
gear is subsequently taken into use, the prescribed certificates of such
examination shall be attached to the prescribed register (Form II) or
alternatively the required particulars may be entered, in Pt. III of the
register.
-----------------------------
[See Regulations 47 (2) and 51 (2)]
Certificate of Annual Thorough Examination of Loose Gears Exempted from
Annealing
Certificate No...............
(1) In case of dock, wharf or quay
Name
of dock, wharf or quay where lifting appliances are fitted.
(2) In
case of Ship
Name of Ship ---------------------------------------------------------------------
Official
number ---------------------------------------------------------------------
Call Sign ---------------------------------------------------------------------
Port of registry ---------------------------------------------------------------------
Name of Owner ---------------------------------------------------------------------
|
Distinguishing number or mark |
Description of gear |
Number of the certificate initial and periodical of test and examination |
Remarks |
|
1 |
2 |
3 |
4 |
5.
Name and address of public service. association. company or firm or
testing establishment making the test and examination....................
6.
Name and position of competent person in public service. association
company or firm or testing establishment
I certify that on the ________ day of _________ of 19
________ the above gear described in
column (2) was thoroughly examined and that no defects affecting its safe
working condition were found other than those indicated in column (4).
Signature of the competent person Seal Date
(see Note 2)
Registration/Authority number of the competent person.
NOTES
1.
Column (2}-The dimensions of the gear. the types OS material of which it is
made and the heat treatment received in manufacture should be stated.
2.
"Competent person" means-
(i)
a person belonging to a testing establishment in India who is approved
by the Chief Inspector for the purposes of testing. examination or. annealing
and certification of lifting appliances. loose gears or wire ropes;
(ii)
any other person who is
recognised under the relevant regulations in force in other countries as
competent for issuing certificates for any of the purposes mentioned in
sub-clause (i) for implementation of the Protection against Accidents
(Dockers) Convention (Revised). 1932
(No. 32) and the Convention concerning Occupational Safety and Health in Dock
Work (No. 152). 1979. adopted by International Labour Conference.
3.
For list of gear not required to be annealed and definition of
"thorough examination" see overleaf.
4.
This certificate is optional. The above particulars may be entered in
Form II of the Register.
1.
The following classes of gear have been exempted from annealing but
require to be thoroughly examined by a competent person once at least in every
twelve months:
(a)
Chains, made of malleable cast iron:
(b)
Plate link chains;
(c)
Chains. rings. hooks. shackles and swivels made of steel;
(d)
Pitched chains;
(e)
Rings. hooks. shackles and swivels permanently attached to pitched
chains. pulley blocks. container spreaders. trays. slings. baskets. etc. and
any other similar gear;
(f)
Hooks and swivels having screws-threaded parts or ball bearings or other
case-hardened parts;
(g)
Bordeaux connections.
2. 'Thorough examination" means a visual examination supplemented if necessary by other means. carried out as carefully as the conditions permit. in order to arrive at a reliable conclusion as to the safety of the parts examined; ana if necessary for the purpose, parts of the gear must be dismantled.
---------------------------
DOCK WORKERS (SAFETY HEALTH
AND WELFARE) REGULATIONS. 1989
PROHIBITION ORDER
PART I
[See Sec. 5 (1) of the Dock Workers (Safety. Health and Welfare)
Act, 1986 & Regulation 4]
lnspector's Notice on Inspection of Dock, Ship.
Lifting Appliance. Loose Gears and other such gears. Equipment. Ladders and
Stagings. Inspector's notice to the owner. master. Officer- in-charge. or
Agents of the ship. Port Authority. owner of lifting appliances, loose gears
and lifting devices or the person who. by himself. his agents. or his
employers. carried on the dock work; as the case may be.
|
Name of the dock. ship. lifting appliance. lifting transport equipment ladders and stains |
Where
situated lying/used |
Port
of registry of ship |
Official
No. (If any) of ship |
|
1 |
2 |
3 |
4 |
An inspection of the above named dock. ship. lifting
appliances. loose gears. lifting devices. transport equipment. ladders and
stagings was made on -----------------------
The activities connected with
dock work which are being carried on by you/about to be carried on by you/under
your control involve a risk or danger to the life. safety and health of dock
workers and involve the following contraventions :
Therefore. I hereby direct
that the said activities shall not be carried on' by you or under your control
unless the said contraventions and matters mentioned have been remedied to the
satisfaction of the Inspector,
This order is being issued
without prejudice or any legal action which may be taken for these
contraventions.
On hearing from you that
the requirements have been complied with the dock/ship/lifting appliance. loose
gear or similar gear/transport equipment/ladders/ staging shall again be
visited with a view to the inspection being completed.
No. _____________
Dated
at _________ this _________ day of 19
____________
Inspector under the Dc-ck Workers
(Safety, Health and Welfare) Act. 1986
On compliance with all or any of the above contraventions.
the Inspector shall be informed in the manner prescribed overleaf. of the date
and place at which the dock. ship, lifting appliance. loose gears or similar
gear transport equipment, ladders and stagings can be re-inspected.
Sir,
The contravention notified by you have been
effectively attended to. The dock. ship, lifting appliance. loose gears or
similar gear. transport equipment. ladders and stagings shall be ready for
inspection on the date and place named below:
Date of Inspection |
Place |
|
Dated
at ____________ this day of ________ 19________ |
Owner. Master. Officer-in-charge or Agents of the ship. Port
Authority. owner of machinery and gear or the person. who by himself, his
agents or his employers, carried on the dock work. |
To
The Inspector under the Dock Workers (Safety. Health and Welfare) Act,
1986
NOTES
1.
Failure to comply with a prohibition order is an offence as provided by
Sec. 21 (4) of the Dock Workers (Safety. Health and Welfare) Act. 1986 and
renders the offender liable to a fine not exceeding Rs. 5,000/- on each
conviction or to an unlimited fine as per Sec. 18 of the Act or to an
imprisonment for a term not exceeding 6 months or both fine and imprisonment.
and a further fine of not exceeding Rs. 100/- per day. per conviction if the
offence is continued as given under Sec. 16 (2) of the Act.
2.
As per Sec. 14 (4) of the Act, a person who has been convicted
for an offence punishable under any of the provisions of the Act or the
regulations framed thereunder. is again convicted for an offence committed
within two years of the previous conviction and involving the contravention of
the same provisions, he shall be punishable for each subsequent conviction with
double imprisonment to which he would have been liable of the first
contravention of
such
provision.
3.
The Chief Inspector has
the power to cancel or modify the order or to extend the period specified in
the order before the end of the period specified in it without waiting for an
appeal from the concerned employer or owner of premises/dock worker.
4.
Any person aggrieved
by. a prohibition order issued under Sec. 5 of the Act may. within 15 days from
the date on which the order is communicated to him prefer an appeal to Chief
Inspector. Directorate General, Factory Advice Service and Labour Institutes,
Sion, Bombay-400022, as provided under Sec. 8 of the Act where such order is by
the Chief Inspector, an appeal shall lie to the Secretary in the Ministry of
Labour, New Delhi.
5.
An
appeal to the Chief Inspector by any aggrieved person must be commenced by
sending in writing to the Chief Inspector a notice, containing the following
particulars:
a)
the
name of the appellant and his address for service of documents,
b)
date
of a prohibition order or orders appealed against and the addresses of the
premises or place concerned,
c)
the
name and address (as shown in a prohibition order) of the respondent,
d)
particulars
of the requirements or directions appealed against,
e)
the
grounds of an appeal.
The entering of an appeal does not have the effect to
suspend this prohibition order. The application can be made for the suspension
of the prohibition order to the Chief Inspector, but the prohibition order
continues in force until the Chief Inspector otherwise directs.
The issue of this prohibition order does not relieve
the aggrieved person of any legal resting upon him for failure to comply with
any provision of this or any other enactment, (before order the issue of this
order.)
IMPROVEMENT NOTICE
DOCK WORKERS (SAFETY, HEALTH
AND WELFARE) REGULATIONS, 1989
(See Regulation 4)
Inspector's notice to the Owner, Master,
Officer-in-Charge or Agents of the Ship, Port Authority, Owner of lifting
appliances, loose gears lifting devices or the person, who, by himself, his
agents or his employers, carries on the dock work, as the case may
be.................
|
Name of the dock, ship. lifting appliances, loose gear, lifting
device, transport, equipment, ladders and stagings. |
Where situated/lying used |
Port of Registry |
Official No. (if any) of ship |
|
1 |
2 |
3 |
4 |
An inspection of the above-named dock, ship, lifting appliances, loose gears, lifting devices, transport equipment, ladders and stagings was made on .............
The following contraventions were observed. You are
required to remedy the said contraventions and send the compliance report in
writing within................ days.
This notice is being issued without prejudice to any
legal action which may be taken for these contraventions.
On hearing from you that the requirements have been
complied with the dock/ship/lifting appliance/loose gear or similar other
gear/transport equipment/ladders/ staging will again be visited with a view to
the inspection being completed.
CONTRAVENTIONS
No. ____________________
Dated _________ this ______________ day of
_______________ 19_____
Inspector
under the Dock Workers
(Safety, Health and Welfare)
Act, 1986
DOCK WORKERS (SAFETY, HEALTH
& WELFARE) REGULATIONS. 1990
REQUIREMENTS
On compliance with all or
any of the requirements, the Inspector should be informed in the manner
prescribed overleaf. of the date and place at which the dock, ship. lifting appliance,
loose gear, transport equipment, ladders and stagings can be re-inspected.
The requirements noted by you have been effectively
fulfilled. The dock, ship. lifting appliance. loose gear, lifting devices,
transport equipment, ladders and stagings will be ready for inspection on the
date and place named below:
|
Date of Inspection |
Place
|
|
Dated at ____ this day of ____ 19 _____ |
Owner. Master. Officer-in-charge or Agents of the ship,
port authority, owner of machinery and gear or the person, who, by himself.
his agents or his employers, carried on the dock work. |
To
The Inspector under the Dock Workers (Safety, Health
and Welfare) Act, 1986.
------------------
ABSTRACT OF DOCK WORKERS
(SAFETY, HEALTH AND WELFARE) ACT, 1986
(See Regulation 113)
3.
(1)
The appropriate Government may by
notification in the Official Gazette, against such person as it thinks fit to
be the Chief Inspector of Dock Safety and such persons as it thinks fit to be
Inspectors subordinate to the Chief Inspector for the purposes of this Act at
such ports as may be specified in the notification.
(2) The Chief Inspector shall also exercise the powers of all
Inspector.
(3)
The Chief Inspector and all the
Inspector's shall be deemed to be public servants within the meaning of the
Indian Penal Code.
4. An
Inspector may at any port for which he is appointed.
(a)
enter with such assistance (if any) as he thinks fit, any ship, dock, warehouse
or other premises, where any dock work is being carried on, or where he has
reason to believe that any dock work is being carried on;
(b)
make examination of the ship, dock, lifting machinery. cargo gear.
stagings, transport equipment, warehouses or other premises used or to be used,
for any dock work; .
(c)
require the production of any register, muster roll or other document
relating to the employment of dock workers and examine such document;
(d)
take on the spot or
otherwise such evidence of any person which he may deem necessary:
PROVIDED THAT no person
shall be compelled under this section to answer any question or give any
evidence tending to incriminate himself;
(e)
take copies of registers, records or other documents or portions thereof
as he may consider relevant in. respect of any offence which he has reason to
believe has been committed or for the purpose of any inquiry;
(f)
take photograph. sketch, sample. measure or record as he may consider necessary for the
purpose of any examination or inquiry:
(g)
hold an inquiry into the cause of any accident which he has
reason to believe was the result of the collapse or failure of lifting
machinery. transport equipment. staging or non-compliance with any of the
provisions of this Act or the regulations;
(h)
issue show-cause notice relating to the safety. health and welfare
provisions arising under this Act or the regulations;
(i)
prosecute. conduct or defend before any Court any complaint or other
proceeding arising under this Act or the regulations:
(j)
exercise such other powers as. may be conferred upon him by the
regulations.
5.
If it appears to an Inspector that any place at which any dock work is
being carried on is in such a condition that it is dangerous to life, safety or
health of dock workers. he may. in writing. serve on the owner or on the
person in charge of such place an order prohibiting any dock work in
such place until measures have been taken to remove the cause of the
danger to his satisfaction.
6.
The owner or the person in charge of the place at which any dock
work is being carried on. shall afford the Chief Inspector or the Inspector all
reasonable facilities for making any entry. inspection. survey. measurement.
examination or inquiry under this Act or regulations.
13.
No suit. prosecution or other legal proceeding shall lie against any
person for anything which is in good faith done or Intended to be done under
this Act.
14.
(1) Whoever.
(a)
Wilfully obstructs an Inspector in exercise of any power conferred by or
under this Act or fails to produce on demand by an Inspector any register or
other documents kept in pursuance of the regulations or otherwise in
connection with any dock work or conceals or prevents ,or attempts to prevent
any person from appearing before. of being examined by. an Inspector; or
(b)
unless duly authorised or in case of necessity. removes any
fencing. gangway. gear. ladder. lifesaving. means or appliance. light. mark.
stage or other thing required to be provided by or under. the regulations; or
(c)
having in case of necessity
removed any such fencing. gangway. gear. ladder. life-saving means or
appliance. fight. mark. stage or other things. omits to restore it at the end of
the period for which its removal was necessary:
shall be punishable with imprisonment for a term
which may extend to six months. or with fine which may extend to five thousand
rupees. or with both.
(2)
If any person. being a person whose duty is to comply with any of the
regulations. contravenes such regulations and such contravention results
(a)
in any fatal accident to a dock worker. or
(b)
an accident which incapacitates a dock worker from earning his full
wages for more than a fortnight. such person shall be punishable with
imprisonment for a term which may extend to six months or with fine
which shall not be less than two thousand rupees in case falling under. Cl. (a)
and five hundred rupees in a case falling under Cl. (b) but which may extend.
in either case. to five thousand rupees. or with both. and the Court may order
the whole or part of the fine to be paid to the dependant of the
deceased dock worker or. as the case may be. to the injured dock worker.
Explanation.:- The provisions of this
sub-section shall be in addition to any provisions which may be made under
sub-section (4) of Sec. 21