Safeguarding of
Workers (Chains, Ropes and Lifting Gear) (Jersey) Regulations 1980[1]
PART 1
INTRODUCTORY
1 Interpretation
In these Regulations,
unless the context otherwise requires –
“agricultural land”
means land, including land under glass, used by way of trade or business for
purposes of agriculture;
“agriculture”
includes horticulture, fruit growing, seed growing, dairy farming, livestock
breeding and keeping, the use of land as grazing land, meadow land, market
gardens and nursery grounds;
“approved”
means approved for the time being by certificate of the Minister;
“building operation”
means the construction, structural alteration, repair or maintenance of a
building or any appurtenance thereof (including repointing, redecoration and
external cleaning of the structure), the demolition of a building or any
appurtenance thereof, and the preparation for, and laying the foundation of, an
intended building or any appurtenance thereof;
“crane” means
an appliance incorporating a structural member above ground level, or having a
jib, and by means of which a load may be raised, lowered
or suspended either by –
(a) a hook permanently attached to the
structural member or the jib; or
(b) a hook or any other securing device which is
suspended from the structural member or jib by means of rope or chain which
forms an integral part of the appliance in such a manner as to permit movement
of the hook or other securing device in any direction,
and by means of which the load
may be moved from one position to another by movement of the appliance as a
whole, or by movement of the structural member or jib;
“lifting appliance”
means an excavator, fork-lift truck, mechanical grab, mechanical shovel, piling
machine of any description, pulley or pulley block, a winch which is designed
to be used by itself, and any other prescribed appliance;
“lifting gear”
means a sling of any description, ring, link, hook, triangular lifting eye,
shackle, swivel, eyebolt, plate clamp, girder clamp, lifting beam, lifting
frame and any other prescribed device;
“maintained”
means maintained in an efficient state, in efficient working order, and in good
repair;
“prescribed”
means prescribed by Order;
“safe working load”
means either the relevant safe working load required to be specified in the
latest certificate issued for the purposes of Regulations 5 and 6 or, in the
case of the lifting gear specified in the proviso to Regulation 5(1), the
relevant safe working load required to be marked on the lifting gear by Regulation
8;
“work of engineering
construction” means the construction, structural alteration
or repair (including repointing and repainting) or the demolition
of –
(a) any bridge, gas-holder,
harbour, pipeline, reservoir, sewer, sewage works, watercourse or waterworks;
(b) any steel or reinforced concrete structure,
other than a building;
(c) any road, airfield or sea defence works; and
(d) such other works as may be prescribed.
2 Application
(1) Subject
to paragraph (2), these Regulations shall apply to any process of raising,
lowering or suspending loads from chains, ropes or lifting gear, being a process which involves a risk of bodily injury being
caused to persons gainfully occupied in employment, which is carried out at a
place where such persons are so occupied and in the course of such employment.
(2) These
Regulations shall not apply to agricultural land, except that, where any
building operation or work of engineering construction is carried out on such
land, or any part thereof, these Regulations shall apply to any process
mentioned in paragraph (1) used in connection with such operation or work.
(3) These
Regulations shall not apply to a person by reason only that the person employs
another, or is himself or herself employed, as a domestic servant in a private
household.
3 Obligations
(1) The
owner of any chain, rope or lifting gear shall comply with the requirements of Part 2.
(2) No
employer shall allow any chain, rope or lifting gear to be used by persons
employed by the employer which does not comply with Part 2.
(3) Every
person employed shall comply with the requirements of such of these Regulations
as relate to the performance of, or the refraining from, an act by the person
and shall co-operate in carrying out these Regulations and, if the person
discovers any defect in any chain, rope or lifting gear, shall report such
defect without unreasonable delay to the person’s employer or foreman.
(4) No
contractor, employer or person employed carrying out processes to which these Regulations
apply shall wilfully and without reasonable cause do anything likely to
endanger himself, herself or others.
PART
2
CHAINS, ROPES AND LIFTING GEAR
4 Construction
and maintenance of chains, ropes and lifting gear
All chains, ropes and lifting gear shall –
(a) be
of good design, properly made, of sound material, of adequate strength for the
purpose for which they are used and free from any patent defect likely to
affect their safe working; and
(b) be
properly maintained.
5 Initial
testing and examination of chains and lifting gear
(1) No
chain or lifting gear, whether or not it forms part of a crane or lifting
appliance, shall be taken into use for the first time after manufacture, or
after it has undergone any alteration or repair liable to affect its strength,
unless it has been tested and thoroughly examined by a competent person and,
subject to paragraph (2), a certificate of such test and examination,
containing the approved particulars, signed by the person responsible for
carrying out the test and examination and specifying its safe working load has
been obtained:
Provided that this paragraph
shall not apply to –
(a) a sling made from natural fibre rope or man-made
fibre rope where a certificate from the manufacturer has been obtained giving
the minimum breaking strength for the rope from which that sling is manufactured;
(b) a wire rope sling if the requirements of Regulation
6 have been complied with as respects the wire rope from which the sling is
made and any loop in the rope or sling is by means of a splice which satisfies
the requirements of Regulation 9.
(2) Where
any chain or lifting gear is among the items which together constitute the
subject-matter of a certificate signed by or on behalf of the manufacturer of
the chain or lifting gear, a properly certified copy of that certificate shall,
in respect of that chain or lifting gear, be deemed to be a sufficient
certificate for the purposes of that paragraph.
(3) Before
any sling of a kind specified in the proviso to paragraph (1) is taken
into use for the first time after manufacture, or after it has undergone any
alteration or repair liable to affect its strength, its safe working load shall
be assessed by a competent person.
6 Initial
testing and examination of wire ropes
(1) No
wire rope which forms part of a crane, lifting appliance or lifting gear shall
be taken into use for the first time after manufacture, unless –
(a) a sample either of the rope or of the
production length of wire rope of which the rope is a part, has been subjected
by a competent person to a tensile test to destruction and has been thoroughly
examined by the competent person and a certificate of such test and examination
containing the approved particulars signed by the person responsible for
carrying out the test and examination has been obtained; and
(b) there has been added to the said certificate
by a competent person who is aware of the intended use of the rope an entry
certifying the safe working load for the intended use and signed by the
competent person to that effect.
(2) Where
any length of wire rope is among the items which together constitute the
subject matter of a certificate under paragraph (1) signed by or on behalf
of the manufacturer of the wire rope, a properly certified copy of that certificate
shall, in respect of that length of wire rope, be deemed to be a sufficient
certificate for the purposes of that paragraph.
7 Periodic
examinations of chains, ropes and lifting gear
(1) Every
chain, rope or item of lifting gear, other than a rope
sling, shall be thoroughly examined by a competent person at least once in
every period of 6 months or at such lesser interval as may be prescribed.
(2) Every
rope sling shall be thoroughly examined by a competent person at least once in
every period of 3 months.
(3) A
report shall be made of the results of every examination required by paragraphs (1)
and (2) containing the approved particulars and signed by the person required
to carry out the examination.
(4) Where
a competent person making a thorough examination under this Regulation forms
the opinion that any chain, rope or lifting gear cannot continue to be used
with safety, the competent person shall immediately advise the owner or user of
the chain, rope or lifting gear in writing.
(5) If
the report of the person making a thorough examination of any chain, rope or
lifting gear under paragraph (4) states that, in the person’s
opinion, it cannot continue to be used with safety, the chain, rope or lifting
gear must be taken out of use as soon as practicable.
8 Marking
of safe working loads and means of identification
All lifting gear shall be plainly marked with its safe working
load and distinguishing number or mark.
9 Splices
in rope
(1) For
the purposes of this Regulation, “splice” means the inter-weaving
of the loose strands of the end of the rope into the main part of the rope.
(2) No
splice other than an eye or loop splice shall be made in any rope forming part
of a lifting appliance or crane.
(3) Any
eye or loop splice made in any wire rope or wire rope sling shall have at least
3 tucks, each with all the strands of the rope, followed by 2 tucks each with
one half of the wires cut out of each strand, and all tucks shall be against
the lay of the rope.
(4) Subject
to paragraph (2), paragraph (3) shall not prevent the use of any
other form of splice which, in relation to the same condition of use, can be
shown to be as efficient as the form of splice specified in the said paragraph (3):
Provided that no splice
constructed with tucks made with the lay of the rope shall be used in a wire
rope sling.
(5) An
eye or loop splice made in any natural fibre rope sling shall have not less
than 3 tucks, the tail of each strand being whipped in a suitable manner upon
completion of the splice.
(6) An
eye or loop splice in a rope made mainly or wholly of man-made fibres shall
have –
(a) in the case of rope of one inch or less in
diameter, 4 full tucks with the tail of each strand being whipped in a suitable
manner on completion;
(b) in the case of a rope of a greater diameter
than one inch, 4 full tucks followed by a further tuck made with not more than
one half of the yarns cut out of each strand and the portion of the splice
containing the tucks with the reduced number of filaments shall be securely
wrapped with a suitable adhesive tape or other suitable material.
10 Misuse
of chains, ropes and lifting gear
No chain, rope or lifting
gear shall be used in a manner which is liable either to damage or to affect
the safe working load of that chain, rope or lifting gear.
11 Chain
or lifting gear manufactured from wrought iron
No chain or lifting gear
which has been manufactured from wrought iron, or
repaired by the inclusion of any part manufactured from wrought iron, shall be
used.
12 Chains
and lifting gear made from special steels
(1) All
chains and lifting gear made from higher-tensile steel or alloy-steel shall be
plainly marked with a prescribed grade mark.
(2) No
chain or lifting gear marked with a prescribed grade mark shall be subjected to
any form of heat treatment or other application of heat liable to affect its
strength, except where necessary for the purpose of repair and under the
direction of a competent person.
13 Hooks
Every hook forming part
of any crane, lifting appliance or lifting gear shall,
before being taken into use for the first time –
(a) be
provided with an efficient device to prevent the displacement of the sling or
load from the hook; or
(b) be
of such shape as to reduce so far as practicable the risk of such displacement.
14 Marking
of lifting beams and frames
Every lifting beam and
lifting frame shall have its own weight plainly marked on it.
15 Load
not to exceed safe working load
No lifting gear shall be
loaded beyond its safe working load, except for the purpose of making a test of
the lifting gear.
16 Prevention
of snagging of sling hooks
The unloaded hook of any
sling attached to a crane or lifting appliance shall be suitably secured so as
to prevent its becoming accidentally attached to any
other object.
17 Powers
of inspectors to remove lifting gear from premises
(1) An
inspector, who has reasonable cause to believe that any chain, rope or lifting
gear, which is located at a place to which these Regulations apply, may not
comply with these Regulations, or may not continue to be used with safety, may,
for the purpose of carrying out any test and examination of the chain, rope or
lifting gear, remove it from the premises.
(2) Any
test and examination of any chain, rope or lifting gear for the purpose of this
Regulation shall be carried out in the presence, if he or she so desires, of
the owner of the lifting gear by a competent person chosen by the Minister, and
a copy of the results of the test and examination shall be made available to
the owner or person responsible for the use of the chain, rope or lifting gear
on completion of the test and examination.
PART 3
MISCELLANEOUS
18 Certificates
of exemption
The Minister may, subject
to such conditions, if any, as may be specified therein, by certificate in
writing, which the Minister may at his or her discretion revoke at any time,
exempt from all or any of the requirements of these Regulations –
(a) any
premises or any class or description of premises;
(b) any
machinery, plant, equipment or appliance, or any class or description of
machinery, plant, equipment or appliance; or
(c) any
work or any class or description of work,
if the Minister is
satisfied that the requirements in respect of which the exemption is granted
are not necessary for the protection of persons employed or are not reasonably
practicable.
19 Reports
and other documents
Every report and record made and all certificates and particulars given in pursuance
of any requirements of these Regulations shall be kept readily available for
inspection by an inspector and by any person who is responsible for complying
with any such requirement as aforesaid and shall be kept for a period of 4
years after the date to which the reports and other documents relate.
20 Orders
(1) The
Minister may make Orders for prescribing anything which, under these Regulations,
the Minister is required or authorized to prescribe.
(2) [2]
21 Citation
These Regulations may be
cited as the Safeguarding of Workers (Chains, Ropes and Lifting Gear) (Jersey)
Regulations 1980.