FORM VII

 

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).

 

 

INSTRUCTIONS

 

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.

 

-----------------------------

 

FORM VIII

 

DOCK WORKERS (SAFETY. HEALTH AND WELFARE) REGULATIONS. 1989

[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.

 

 

INSTRUCTIONS

 

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.

 

---------------------------

 

 

FORM IX

 

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 :

 

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

 

 

REQUIREMENTS

 

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.      

------------------

 

 

FORM X

 

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

 

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