Shipbuilding and Ship-repairing Regulations, 1960

JurisdictionUK Non-devolved
CitationSI 1960/1932
Year1960

1960 No. 1932

The Shipbuilding and Ship-repairing Regulations, 1960

20thOctober 1960

27thOctober 1960

31stMarch 1961

ARRANGEMENT OF REGULATIONS

 REG
                Part I—Interpretation and General … … … … … … 1–5
                Part II—Means of Access and Staging … … … … … 6–24
                Part III—Further Precautions against Falls of Persons
                 Materials and Articles … … … … … … 25–30
                Part IV—Raising and Lowering, Etc. … … … … … … 31–47
                Part V—Precautions against Asphyxiation, Injurious Fumes
                 or Explosions … … … … … … … … … 48–66
                Part VI—Miscellaneous Safety Provisions … … … … 67–72
                Part VII—Protective Wear … … … … … … … … 73–76
                Part VIII—Miscellaneous Health and Welfare Provisions … 77–79
                Part IX—Training and Supervision … … … … … … 80–81
                

SCHEDULES

FIRST SCHEDULE—Manner in which, for the purpose of the definition of "lead paint", material is to be treated with a view to ascertaining the percentage of compound of lead present (Regulation 3 (2)).

SECOND SCHEDULE—Manner of test and examination before taking any chain, wire rope, lifting appliance or lifting gear into use (Regulations 34 (1), 36 (1) and 40).

THIRD SCHEDULE—Equipment of ambulance rooms (Regulation 79 (3)).

REGULATIONS

The Minister of Labour by virtue of the powers conferred on him by sections 46 and 60 of the Factories Act, 1937(a), section 8 of the Factories Act, 1948(b), and of all other powers enabling him in that behalf, hereby makes the following special Regulations:—

PART I

INTERPRETATION AND GENERAL

Citation, commencement and revocation

1.—(1) These Regulations may be cited as the Shipbuilding and Ship-repairing Regulations, 1960, and, save as provided in Regulations 8, 9 (2), 24 and 25 of these Regulations, shall come into operation on the 31st day of March, 1961.

(2) The Shipbuilding Regulations, 1931(c), are hereby revoked.

(a) 1 Edw. 8 & 1 Geo. 6. c. 67.

(b) 11 & 12 Geo. 6. c. 55.

(c) S.R. & O. 1931/133 (Rev. VII, p. 444: 1931, p. 431).

Application of Regulations

2.—(1) Subject to paragraph (2) of this Regulation, these Regulations shall apply—

(a) as respects work carried out in any of the operations in a shipyard in the case of a ship or vessel whether or not the shipyard forms part of a harbour or wet dock;

(b) as respects work carried out in any of the operations in a harbour or wet dock in the case of a ship (but not in the case of a vessel other than a ship) not being work done—

(i) by the master or crew of a ship, or

(ii) on board a ship during a trial run, or

(iii) for the purpose of raising or removing a ship which is sunk or stranded, or

(iv) on a ship which is not under command, for the purpose of bringing it under command.

(2) (a) Nothing in Parts II to IX of these Regulations, except Regulations 6, 31 to 67, 73 to 78 and 80 shall apply as respects the operations in a shipyard in which the operations are not carried on upon vessels which both exceed one hundred feet in length measured overall and have an overall depth exceeding nine feet six inches;

(b) Nothing in Parts II to IX of these Regulations, except Regulations 6, 31 to 67 and 73 to 78 shall apply as respects the carrying out of the operations, in a harbour or wet dock, upon ships which either do not exceed one hundred feet in length measured overall or have an overall depth not exceeding nine feet six inches;

(c) Regulations 7, 12 to 24 and 26 to 30 of these Regulations shall not apply as respects the carrying out of the operations, in a public dry dock, upon vessels which either do not exceed one hundred feet in length measured overall or have an overall depth not exceeding nine feet six inches.

(3) The Chief Inspector may (subject to such conditions as may be specified therein) by certificate in writing (which he may at his discretion revoke at any time) exempt from all or any of the requirements of these Regulations—

(a) any shipyard or any harbour or wet dock or any class or description of shipyards, harbours or wet docks;

(b) any class or description of machinery, plant, equipment or appliances;

(c) any class or description of ships or vessels; or

(d) any particular work or any class or description of work,

if he is satisfied that the requirements in respect of which the exemption is granted are not necessary for the protection of persons employed or not reasonably practicable. Where such exemption is granted a legible copy of the certificate, showing the conditions, if any, subject to which it has been granted, shall be kept posted in a position where it may be conveniently read by the persons employed.

(4) Save as expressly provided in Regulations 32, 52, 53, 67 and 68 of these Regulations, the provisions of these Regulations shall be in addition to and not in substitution for or in diminution of other requirements imposed by or under the principal Act.

Interpretation

3.—(1) The Interpretation Act, 1889(a), shall apply to the interpretation of these Regulations as it applies to the interpretation of an Act of Parliament, and as if these Regulations and the Regulations hereby revoked were Acts of Parliament.

(2) In these Regulations, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them, respectively, that is to say:—

"Abel closed test" means a test carried out with the apparatus specified and in the manner described in the Second Schedule to the Petroleum (Consolidation) Act, 1928(b);

"approved" means approved for the time being by certificate of the Chief Inspector;

"asbestos" means any naturally occurring fibrous silicate and any admixture containing any such silicate;

"available for inspection" means available for inspection by any person using or proposing to use the machinery or plant and by any inspector appointed under the principal Act;

"certificate of entry" means a certificate which—

(a) is given by a person who is a competent analyst and who is competent to give such certificates; and

(b) certifies that he has in an adequate and suitable manner tested the atmosphere in the oil-tank or oil-tanks specified in the certificate and found that having regard to all the circumstances of the case, including the likelihood or otherwise of the atmosphere being or becoming dangerous, entry to the oil-tank or oil-tanks without wearing breathing apparatus may in his opinion be permitted;

"lead paint" means any paint, paste, spray, stopping, filling, or other material used in painting which when treated in the manner described in the First Schedule to these Regulations yields to an aqueous solution of hydrochloric acid a quantity of soluble lead compound exceeding, when calculated as lead monoxide, five per cent. of the dry weight of the portion taken for analysis;

"lifting appliance" means a crab, winch, pulley block or gin wheel used for raising or lowering and a crane, derrick, sheer-legs, teagle, transporter or runway;

"lifting gear" means a chain sling, rope sling, plate clamp, ring, link, hook, shackle, swivel or eye-bolt;

"naked light certificate" means a certificate which—

(a) is given by a person who is a competent analyst and who is competent to give such certificates; and

(b) certifies that he has in an adequate and suitable manner tested for the presence of inflammable vapour the oil-tank, compartment, space or other part of the vessel specified in the certificate and found it to be free therefrom and that having regard to all the circumstances of the case, including the likelihood or otherwise of the atmosphere becoming inflammable, the use of naked lights, fires, lamps or heated rivets may in his opinion be permitted in the oil-tank, compartment, space or other part of the vessel specified in the certificate;

"oil" means any liquid which has a flashpoint below two hundred and seventy degrees Fahrenheit (Abel closed test or Pensky-Martens closed

(a) 52 & 53 Vict. c. 63.

(b) 18 & 19 Geo. 5. c. 32.

test, whichever is appropriate) and also includes lubricating oil, liquid methane, liquid butane and liquid propane;

"oil-tank" means any tank or compartment in which oil is, or has been, carried as cargo or for use as lubricating oil, as engine fuel or boiler fuel or as fuel for aircraft on board;

"the operations" means, in relation to a ship or vessel, its construction, reconstruction, repairing, refitting, painting and finishing, the scaling, scurfing or cleaning of its boilers (including combustion chambers or smoke boxes) and the cleaning of its bilges or oil-fuel tanks or any of its tanks last used for carrying oil. For the purpose of this definition the expression "oil" means oil of any description whether or not oil within the meaning of the foregoing definition of that expression;

"overall depth" means the vertical distance between the uppermost deck at the side of the vessel and the bottom of the keel, measured at the middle of the overall length;

"Pensky-Martens closed test" means a test carried out with the apparatus specified and in the manner described in British Standard 2839: 1957, as published by the British Standards Institution on 14th March, 1957, including any approved revision thereof;

"person employed" means a person employed in any of the operations;

"the principal Act" means the Factories Act, 1937;

"public dry dock" means a dry dock which is available for hire;

"safe working load" means the relevant safe working load specified in the latest certificate of test obtained for the purposes of Regulations 34 or 36;

"ship", "vessel" and "harbour" have the same meanings as in the Merchant Shipping Act, 1894(a), except that neither the expression "ship" nor the expression "vessel" shall include a caisson, dock gate or pontoon;

"shipyard" means any yard or dry dock (including the precincts thereof) in which ships or vessels are constructed, reconstructed, repaired, refitted or finished;

"stage" means any temporary platform on or from which persons employed perform work in connection with the operations, but does not include a boatswain's chair;

"staging" includes any stage, and any upright, thwart...

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