Bare ActsKerala Dock Workers (Safety, Health and Welfare) Regulations, 2009

Section 8

Responsibilities

Amendment status not verified — confirm the current text below against the official source.

(1) It shall be the duty of the Port Authority to comply with regulations 10 to 13, 15 to 20, 64(1) and (8), 82, 84(12), 89(2) to (6), 90(1), (3) and (4) 91 to 108 and 112. (2) It shall be the duty of the owner, master or officer-in-charge and the agents of a ship to comply with regulations 13, 16(1) to (3), 17(1)(a), 21 to 37, 72(1), 78, 93(1) and 100(1) and (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 of on board the ship to comply with the regulations 17(4), 24, 46 to 54, 56, 57(1) to (4), 59, 61(1) to (4), (6) and (7), 63(1) to (3), 65, 66, 67, 84(5), 86 and 87. (b) In case of 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 regulations 24, 46 to 54, 56, 57(1) to (4), 59, 86 and 87. (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) and (2), 17(5), 39, 79, 84(8) and 85(8). (b) It shall be the duty of every employer to comply with regulations 16(4), 17(4) and (5), 19(2), 21(7) and (8), 22, 25, 27, 28(3), (6), (8) and (9), 29 to 45, 50(1) to (3), 57(5), 58 to 60, 61, 62, 63(4), 64(9) and (10), 65(13) and (17), 67 to 77, 79 to 82, 84 except, 84(12), 85, 86(2), 87(4) to (8), 88 to 90, 92, 94, 102, 104(2), 105, 109(4), 110 and 111. Provided that where the dock work is carried on by a stevedore or other person other than the owner of ship, it shall be the duty of the owner, master or officer-in-charge of the ship, to comply with regulations 29(1) so far as it concerns:- (i) Any hatch not taken over by the sard 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,- (a) has been reported by written notice in Form-I to the owner, master or officer-in-charge of ship, or by or 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 29 (1) or has been taken into use by or on behalf of the owner of the ship, and in either case has been reported to 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 acknowledgement of such written notice as aforesaid. (5) It shall be the duty of every dock worker to comply with the requirements 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 lifting appliance, loose gear, lifting device, conveying any transport equipment to report such defects without unreasonable 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 whatever 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), 24, 46 to 54, 56, 57(1) to (4), 59, 61(1) to (4) and (6) to (7), 63(1) to (3), 65, 86 and 87. (b) If the person whose duty is to comply with regulations mentioned in sub-regulation (2) above fails 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 time being in charge of any ship to produce for inspection and examination certificates required under regulation 56. (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 Society and every other employer of dock workers to comply with regulations 76, 89(3), 90(1), (3) and (4), 99, 101, 102, 104 to 106. (12) It shall be the duty of the competent person to comply with the regulations 47, 52, 53 and 55.

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