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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 II

Responsibilities

7. Responsibilities.-(1) It shall be the duty of the Port Authority to comply with regulations 9 to 12, 15 to 23, 61 (1 & 8), 80 (2 and 3) 81, 85 (12), 89, 91 (2 to 6), 92 (2), 93 (1, 3 & 4), and 94 to 115.

(2) It shall be the duty of the owner, or master, or officer-in-charge and the agents of a ship to comply with regulations 12, 16 (1) to (3), 17 (1) (a), 24 to 37, 76, 80 (1), 99 (1) and 101 (1 & 3).

(3) (a) It shall be the duty of the owner of the lifting appliance, loose gear, and transport equipment or any other equipment used in dock work on shore or on board the ship to comply with the regulations 17 (4), 27, 40 to 49, 51, 52 (1 to 4), 54, 57 (1 to 4, 6 & 7), 59 (1 to 3), 60, 62, 63, 64, 84 (1), 85 (5), 87 and 88.

(b) In case lifting appliance, loose gear, or any other equipment used in dock work on board a ship not registered in India, It shall be the duty of the master or Chief Officer of such ship and agent of such ship to comply with the regulations 27, 40 to 49, 51, 52 (1 to 4), 54, 87 and 88.

(4) (a) It shall be the duty of every employer and of all agents, employees and dock workers employed by him to comply with regulations 11 (1 & 2), 17 (5), 77 (5), 85 (8) and 86 (8).

(b) It shall be the duty of every employer to comply with regulations 13, 14, 16 (4), 17 (4 & 5) 18, 20 (2), 24 (7 & 8), 25, 28, 29 (2), 31, 32 (3, 6, 8 & 9), 33 to 39, 45 (1), (2) & (3), 52 (5), 53 to 56, 57 (4) (e), (5). (6) & (8), 58, 59 (4), 61 (9) and (10), 62 (13), (17), 64 to 75, 77 to 82, 84 (2), 85 except 85 (12), 86, 87 (2), 88 (4 to 8), 89 to 93, 95, 98, 107, 109 (2), 110, 114 (4), 116 and 117.

Provided that where the dock work is carried on by a stevedore or other person other than the owner of a ship it shall be the duty of the owner, master or officer-in-charge of the ship, to comply with regulation 33 (1) so far as it concerns:

(i) Any hatch not taken over by the said stevedore or other person for the purpose of the dock work; and

(ii) any hatch which, after having been taken over by the said stevedore or other person for the purpose of the dock work-

Dock Workers (Safety, Health & Welfare) Regulatons, 1990 [R.8

(a) has been reported by written notice in Form I to the owner, master or officer-in-charge of ship, or by on behalf of the said person, as being hatch at which the dock work has been completed for the time being,

(b) either has been left by the persons fenced or covered as required by regulation 33 (1) or has been taken into use by or on behalf of the owner of the ship, and in either case has been so reported by such written notice as aforesaid. It shall be the duty of the owner, master or officer-in-charge of the ship to give immediately written acknowledgment of such written notice as aforesaid.

(5) It shall be the duty of every dock worker to comply with the requirement of such of these regulations as relate to the performance, of or refraining from, an act by him and to co-operate in carrying out requirements of these regulations and if he discovers any defects in the lifting appliance, loose gear, lifting device, conveying any transport equipment or other equipment to report such defects without un-reasonable delay to his employer or foreman or other person in authority.

(6) No person shall unless duly authorised or in case of necessity, remove or interfere with any fencing, gangway, gear, ladder, hatch covering, life saving appliance, lighting, or other thing whatsoever required by the Act and these regulations to be provided. If removed such things shall be restored at the end of the period during which their removal was necessary, by the persons last engaged in that work necessitated such removal.

(7) (a) No employer shall allow lifting appliance, loose gear, lifting device, or conveying and transport equipment to be used by dock workers which does not comply with regulations 17 (4), 27, 40 to 49, 51, 52 (1 to 4), 54, 57 (1 to 4 & 6 to 7), 59 (1 to 3), 60, 62, 87 and 88.

(b) If the person whose duty, it is to comply with regulations mentioned in sub-regulation (2) above fail to do so, then it shall also be the duty of the employer of the dock workers to comply with such regulations within the shortest time reasonably practicable after such failure.

(8) It shall be the duty of the person for the time being in charge of any ship to produce for inspection and examination certificates required under regulation 51.

(9) Every dock worker shall use the means of access provided in accordance with these regulations and no person shall authorise or order another to use means of access other than those provided in accordance therewith.

(10) No person shall go upon any hatch beam for the purpose of adjusting the gear for lifting them on or off nor shall any person authorise or order another to do so.

(11) It shall be the duty of the Dock Labour Board and every other employer of dock workers to comply with regulations 74, 89, 91(3), 92, 93 (1, 3 & 4), 103, 107, 108 to 111.

(12) It shall be the duty of the competent person to comply with the regulations 41, 47, 48 and 50.

8. Exemption.-The Chief Inspector may, subject to such conditions, if any, as may be specified therein by order in writing (which may in its discretion be revoked at any time), exempt from all or any of the requirements of these regulations,-

R.10] Dock Workers (Safety, Health & Welfare) Regulatons, 1990

(a) any dock or part of a dock, if he is satisfied that dock work is only occasionally carried on or traffic is small and confined to small ships and fishing vessels at such dock;

(b) any appliance, gear, equipment, or device or any class or description of appliances, gear, equipment or device, if he is satisfied that the requirement in respect of which the exemption is granted are not necessary or equally effective measures are taken:

Provided that he shall not grant exemption under this regulation unless he is satisfied that such exemption will not adversely affect the health, safety and welfare of dock workers.

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