2. Definitions.-In these regulations unless the context otherwise requires.

a) "Act" means the Dock Workers (Safety, Health and Welfare) Act, 1986 (54 of 1986);

(b) "access" includes egress;

(c) "authorised person" means a person authorised by the employer, the master of the ship or a
responsible person to undertake a specific task or tasks and possessing necessary technical
knowledge and experience for undertaking the task or tasks;

(d) "competent person" means.-

(i) a person belonging to a testing establishment in India who is approved by the Chief Inspector for
the purpose 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 (1) for the
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;

(m) "Inspector" means a person appointed by the Central Government under Sec. 3 of the Act and
includes the Chief Inspector;

(n)"lifting appliance" means all stationary or mobile cargo handling appliances including their
permanent attachments, such as cranes, derricks shore-based power operated ramps used on shore
or on board ship for suspending, raising or lowering, cargo or moving them from one position to
another while suspended or supported, in connection with the dock work and includes lifting
machinery;

(o) "loose gear" means hook, shackle, swivel, chain, sling, lifting beam, container speader, tray and
any other such gear, by means of which the load can be attached to a lifting appliance and includes
lifting device;

(q) "port authority" means the person having the general management and control of dock:

Provided that if any other person has, by exclusive right to occupation of any part of the dock acquired
the general management and control of such part, he shall be deemed to be the "port Authority" in
respect of that part;

(u) "responsible person" means a person appointed by the employer, the master of the ship, the
owner of the gear or port authorities, as the case may be, to be responsible for the performance of a
specific duty or duties and who has sufficient knowledge and experience and the requisite authority
for the proper performance of the duty or duties;

(v) "safe working load" in relation to an article of loose gear or lifting appliance means the load which
is the maximum load that may be imposed with safety in the normal working conditions and as
assessed and certified by the competent person;

(w) "schedule" means a schedule appended to these regulations;

(x) "ship" means any kind of ship, vessel barge, lighter or hover-craft excluding ships of war and
country craft;
(y) "testing establishment" means an establishment with testing and examination facilities, as
approved by the Chief Inspector for carrying out testing, examination, annealing or certification, etc. of
lifting appliance or loose gear or wire rope as required under the regulations;

3. Powers of Inspectors .- An Inspector may at any port for which he is appointed.-

(i) 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;

(ii) make examination of the ship, dock, lifting appliance, loose gear, lifting device, staging, transport
equipment, warehouse or other premises, used or to be used, for any dock work;

(iii) require the production of any testing muster roll or other document relating to the employment of
dock workers and examine such document;

(iv) take on the spot or otherwise such evidence of any person which he may deem necessary:

(v) 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;

(vi) take photograph, sketch, sample, weight measure or record as he may consider necessary for the
purpose of any examination or inquiry;

(vii) hold an inquiry into the cause of any accident or dangerous occurrence which he has reason to
believe was the result of the collapse or failure of any lifting appliance loose gear, transport
equipment, staging non-compliance with any of the provisions of the Act or the regulations;

(viii) issue show-cause notice relating to the safety, health and welfare provisions arising under the
Act or the regulations;

(ix) prosecute, conduct or defend before any court any complaint or other proceedings, arising under
the Act or the regulations;

(x) direct the port authority, dock labour board and other employers of dock workers for getting the
dock workers medically examined if considered necessary

40. Construction and maintenance of lifting appliances

(1) General.

All lifting appliance, including all parts and working gear thereof, whether fixed or moveable, and any
plant or gear used in anchoring of fixing such appliance, shall be:

(a) of good construction, sound material, adequate strength for the purpose for which it is used and
free from patent defect; and

(b) maintained in good repair and working order.

(2) Drums.

(a) Every drum or pulley round which the rope of any lifting appliances is carried, shall be of adequate
diameter and construction In relation to the rope used.
(b) Any rope which terminates at the winding drum of a lifting appliances shall be securely attached to
the drum and at least three dead turns of the rope shall remain on the drum in every operating
position of the lifting appliance.

(3) Brakes.

Every lifting appliances shall be provided with an efficient brake or brakes which shall-

(a) be capable of preventing fall of a suspended load (Including any test load applied in accordance
with these regulations) and of effectively controlling a load while it is being lowered;

(b) act without shock;

(c) have shoes that can be easily removed for relining; and

(d) be provided with simple and easily accessible means of adjustment:

(4) Controls.

Controls of lifting appliance shall,-

(a) be so situated that the driver at his stand or seat has ample room for operating and has an
unrestricted view of dock work, as far as practicable, and remains clear of the load and ropes, and
that no load passes over him;

(b) be positioned with due regard to ergonometric considerations for easy operation;

(d) have upon them or adjacent to them clear markings to Indicate their purpose and mode of
operation;

(e) be provided, where necessary, with a suitable locking device to prevent accidental movement or
displacement;

(f) as far as practicable, move in the direction of the resultant load movement; and

(g) automatically come to a neutral position in case of power failure wherever automatic brakes are
provided.

41. Test and periodical examination of lifting appliances.-

(1) Before being taken into use for the first time or after It has undergone any alternations or repairs
liable to affect its strength or stability and also once at least in every five years, all lifting appliances
including all parts and gears thereof, whether fixed or moveable, shall be tested and examined by a
competent person in the manner set out In Schedule I.

(2) All lifting appliances shall be thoroughly examined by a competent person once at least In every
12 months. Where the competent person making this examination forms the opinion that the lifting
appliance cannot continue to function safely, he shall forthwith give notice in writing of his opinion to
the owner of the lifting appliance or to the Master or officer-in-charge of the ship.

(3) Thorough examination for the purpose of this regulation shall mean a visual examination,
supplemented if necessary by other means such as hammer test, carried out as carefully as the
conditions permit, in order to arrive at a reliable conclusion as to the safety of the parts examined; and
if necessary for this purpose, parts of the lifting appliance and gear, shall be dismantled.

42. Automatic safe load indicators.-

(2) Cut-out shall be provided which automatically arrests the movement of the lifting parts of the crane
in the event of the load exceeding the safe working load wherever possible.

(3)The provisions of sub-regulation (1) shall not apply where it is not possible to install an automatic
safe load indicator, in which case, provision on the crane of a table showing the safe working loads at
the corresponding inclinations or radii of the jib shall be considered sufficient compliance.

43. Rigging of ship's derricks.-

(l) Every ship shall carry the current and relevant rigging plans and any other relevant information
necessary for the safe rigging of its derricks and necessary gear.

(2) All such rigging plans shall be certified by a competent person.

46. construction and maintenance of loose gears.-

(1) Every loose gear shall be

(a) of good design and construction, sound material and adequate strength for the purpose for which
it is used and free from patent defects and,

(b) properly maintained in good repair and working order.

(2) Components of the loose gear shall be renewed if one of the dimensions at any point has
decreased by 10 per cent. or more by user.

(3) (a) Chains shall be withdrawn from use when stretched and increased in length exceeds five per
cent, or when a link of the chain deformed or otherwise damaged or raised scarfs of defective welds
appeared.

(b) Rings hooks, swivels and end links attached to chains shall be of the same material as that of the
chains.

(4) The voltage of electric supply to any magnetic lifting device shall not fluctuate by more than + 10
per cent.

47. Test and periodical examination of loose gears.-

(1) All loose gears shall be initially tested for the manufacturer by a competent person, in a manner
set-out in Schedule-I before taking into use or after undergoing any substantial alternations or renders
to any part liable to affect its safety and shall subsequently be retested for the owner of the gear, at
least in every five years.

(2) All loose gears shall be thoroughly examined once at least in every twelve months by a competent
person. In addition chains shall be thoroughly examined once at least every month by a responsible
person.

48. Ropes.-

(1) No rope shall be used for dock work unless:-

(b) in the case of wire rope, it has been tested and examined by a competent person in the manner
set out in Schedule I.

(2) Every wire rope of lifting appliance or loose gear used in dock work shall be inspected by a
responsible person once at least in every three months, provided that after any wire has broken in
such rope, it shall be inspected once at least in every month.

(3) No wire rope shall be used in dock work if in any length of eight diameters the total number of
visible broken wires exceed 10 per cent. of the total number of wires or the rope shows sign of
excessive wear, corrosion or other defects which in the opinion of the person who inspects it or
Inspector, renders it as unfit for use.

(4) Eye splices and loops for the attachment of hooks, rings and other such parts to wire ropes shall
be made with suitable thimble.

(5) A thimble or loop splice made in any wire rope shall conform to the following standard,-

(a) wire rope or rope sling shall have at least three tucks with full strand of rope and two tucks with
one-half of the wires cut out of each strand and strands in all cases shall be tucked against the lay of
the rope;

(b) protruding ends of strands in any salice on wire rope and rope slings shall be covered or treated
so as to leave no sharp points;

(c) fibre rope or rope sling shall have at least four tucks tail of such tuck being whipped in a suitable
manner; and

(d) synthetic fibre rope or rope sling shall have at least four tucks with full strand followed by further
tuck with one-half filaments cut-out of each strand and final tuck with one-half of the remaining
filaments, cut-out from trends. The portion of the splices containing the tucks with the reduced number
of filaments shall be securely covered with suitable tape or other materials: Provided that this sub-
regulation shall not operate to prevent the use of another form of splice which can be shown to be as
efficient as that laid down in this regulation.