S.I. No. 108/1988:

MERCHANT SHIPPING (MEANS OF ACCESS) REGULATIONS, 1988.

MERCHANT SHIPPING (MEANS OF ACCESS) REGULATIONS, 1988.

I, BRENDAN DALY, Minister for the Marine, in exercise of the powers conferred on me by section 12 of the Merchant Shipping Act, 1947 (No. 46 of 1947), and the Communications (Transfer of Departmental Administration and Ministerial Functions) Order, 1987 ( S.I. No. 91 of 1987 ), hereby make the following Regulations:

1. These Regulations may be cited as the Merchant Shipping (Means of Access) Regulations, 1988, and shall come into operation on the 1st day of July, 1988.

2. (1) In these Regulations:--

"access" means the process of embarking on or disembarking from a ship by whatever means employed;

"competent authority" means the Minister or any person authorised by the Minister for the purpose of these Regulations;

"competent person" means a person or officer who has the training, the competence and responsibility, including, where appropriate, any certificates required by the competent authority, to fill a particular position, carry out a specific task, or assume supervisory responsibility;

"employer" means, as appropriate, the person, persons or organisation who own the vessel and are responsible for the equipment of the vessel or for the employment of the seafarers employed thereon;

"fishing vessel" means a vessel for the time being employed in sea fishing but does not include a vessel used otherwise than for profit;

"Marine Notice" means a notice described as such and issued by the Department of the Marine.

"the Minister" means the Minister for the Marine;

"master" shall include any person in charge of a vessel during the absence of the master;

"pleasure craft" means a vessel primarily used for sport or recreation.

(2) The references in these Regulations to standards shall mean standards as published by the International Organisation for Standardisation (ISO) or such other standards as may be specified herein and shall include references to any documents amending such standards as may be specified in a Marine Notice.

3. (1) Subject to paragraph (2) of this Regulation these Regulations, except Regulations 11 and 13 of these Regulations, shall apply to ships registered in the State except fishing vessels and pleasure craft.

(2) Regulations 1, 2, 3, 4, 5(3), 6(3), 9, 10, 11 and 13 of these Regulations shall apply to other ships when in a port in the State except fishing vessels and pleasure craft or ships which, but for stress of weather or any other circumstances that neither the master nor the owner nor the charterer (if any) could have prevented, would not have been in a port in the State.

(3) The Minister may grant exemptions from all or any of the provisions of these Regulations (as may be specified in the exemption) for classes of cases or individual cases on such terms (if any) as he may so specify and may, subject to giving reasonable notice, alter or cancel any such exemption.

4. (1) The employer shall provide adequate equipment and resources so as to ensure that there can be, at all times, a safe means of access between the ship and any quay, pontoon or similar structure or another ship alongside which the ship is secured and, without prejudice to the generality of this duty and the following Regulations, shall ensure that the Master will have available the equipment and resources necessary to enable him to discharge his general duties pursuant to paragraphs (2) and (3) of this Regulation.

(2) The Master shall ensure that

(a) access equipment (including safety nets) is placed in position promptly after the ship has so secured and remains in position while the ship is so secured;

(b) access equipment (including safety nets) which is in use:

(i) is properly rigged, secured, and is safe to use;

(ii) is so adjusted from time to time as to maintain safety of access; and

(iii) is maintained in a serviceable condition.

(c) access equipment (including safety nets) and approaches thereto are adequately illuminated.

(d) a life-buoy with a self-activating light and also a separate safety line attached to a quoit or some similar device is provided ready for use at the point of access aboard the ship; and

(e) in the case of a ship to which Regulation 8(1) applies, a bulwark ladder is used as a means of access.

(3) Where access is necessary between ship and shore, and the ship is not secured alongside, the master shall ensure that such access is provided in a safe manner.

(4) Any person boarding or leaving the ship shall use the access equipment provided for the purpose.

5. (1) The employer of every ship to which these Regulations apply shall ensure that a gangway appropriate to the deck layout, size, shape and maximum free-board of the ship is carried.

(2) Each such gangway shall be

(a) of sound construction;

(b) properly secured to the ship;

(c) of adequate strength for the propose for which it is used;

(d) permanently and clearly marked with the manufacturer's name, the gangway model number, the maximum designed angle of use and the maximum safe loading both by number of persons and by total weight; and.

(e) properly maintained and regularly inspected by a competent person.

(3) Gangways shall not be permitted to rest on railings unless the railings have been reinforced for that purpose.

(4) The master shall not permit a gangway to be used when its angle of inclination is more than 30 degrees above or below the horizontal except that a gangway may be used at a greater angle of inclination if it was designed and constructed to be used at that angle.

6. (1) In every ship to which these Regulations apply of 120 metres in registered length or more the employer shall ensure that an accommodation ladder appropriate to the deck layout, size and maximum freeboard of the ship is carried complying with the specifications set out in International Standards Organisation Standard ISO 5488-1979, or of an equivalent standard.

(2) Each such accomodation ladder shall be--

(a) of sound construction;

(b) properly secured to the ship;

(c) of adequate strength for the purpose for which it is used;

(d) permanently and clearly marked with the manufacturer's name, the ladder model number, the maximum designed angle of use and the maximum safe loading both by number of persons and by total weight; and

(e) properly maintained and regularly inspected by a competent person.

(3) The master shall not permit an accommodation ladder to be used when its angle of inclination is more than 55 degrees below the horizontal, except that an accommodation ladder may be used at a greater angle of inclination if it was designed and constructed to be used at that angle.

7. (1) The employer shall ensure that portable ladders necessarily used as a means of access are of adequate strength and long enough to provide a secure handhold at least one metre above the deck or rail of the ship or above the quayside.

(2) The employer shall ensure that rope ladders necessarily used for access purposes are of a type conforming to the requirements of the Merchant Shipping (Pilot Ladders and Hoists) Rules, 1983 ( S.I. No. 314 of 1983 ).

(3) The master shall permit a portable ladder to be used for the purpose of access to the ship only--

(a) at an angle of inclination above the horizontal of more than 60 degrees; and

(b) when it is unsafe or impossible for practicable reasons to use either a gangway or an accommodation ladder.

(4) The master shall ensure that--

(a) portable ladders are securely lashed to the ship or quayside at their upper ends and are provided with a safe means of getting on to deck;

(b) portable ladders have an adequate slope and a clearance of at least fifteen centimetres to allow the instep to be placed on every rung without allowing the toe to touch the ship's side or quay wall.

(5) The master shall ensure that rope ladders are--

(a) checked by a competent person before use to make sure that they are in good and safe condition and that there are no broken or faulty steps;

(b) left either fully extended from their securing points or pulled completely; and

(c) rigged under the supervision of a responsible officer and supervised by a responsible person when in use.

8. (1) In every ship to which these Regulations apply on which the inboard end of any equipment used as a means of access rests on, or lies flush with, the top of the bulwark, the employer shall ensure that the ship carries a suitable bulwark ladder.

(2) The employer shall ensure that adequate fittings are provided in every such ship to enable the bulwark ladder to be properly and safely secured and fastened.

(3) The employer shall ensure that any gap between the bulwark ladder and the gangway and accommodation ladder can be adequately fenced to a height of one metre.

(4) The master shall ensure that the bulwark ladder is rigged in a safe and secure manner.

9. Where access to a ship to which these Regulations apply is by way of a gateway in the rails or bulwark of the ship, the employer shall ensure that, where a gap exists outboard of the rail or bulwark between the end of the access equipment in use and the rail or bulwark, adequate hand-holds, guardrails and stanchions are provided and used to prevent any person falling through such a gap.

10. (1) In every ship to which these Regulations apply, the employer shall ensure that an adequate number of safety nets shall be carried on the ship of good construction and sound material, free from any patent defect and of adequate strength for the purpose for which they are used.

(2) The master shall ensure that whenever practicable a safety net or nets shall be rigged properly under the gangway accommodation ladder, portable ladder or rope ladder so as to prevent persons from falling onto the quay or between a quay and a ship.

11. The master of any ship not registered in the State shall, when that ship is in any port of the State, ensure that no access equipment is carried for use on board which, if used, would be hazardous to the safety of any persons using it.

12. Any person duly authorised by the Minister may inspect any ship registered in the State to which these Regulations apply and if he is satisfied that the ship does not carry any of the access equipment required by these Regulations, he may detain the ship until such access equipment is provided, but shall not, in the exercise of these powers, detain or delay the ship unreasonably.

13. (1) Any person, duly authorised by the Minister, may inspect any ship registered outside the State when such ship is in a port in the State and if he is satisfied that--

( a ) access equipment is being carried in contravention of Regulation 11 of these Regulations, or

( b ) access equipment is not being maintained or deployed in accordance with these Regulations,

he may,

(i) send a report to the Government of the country in which the ship is registered and a copy thereof to the Director General of the International Labour Office, and

(ii) where conditions on board are clearly hazardous to safety or health--

(I) take such measures as are necessary to rectify those conditions, or

(II) detain the ship.

(2) If he takes either of the measures specified in paragraph (1) (ii) of this Regulation, the person duly authorised shall forthwith notify the nearest maritime, consular or diplomatic representative of the flag State.

(3) The person duly authorised shall not, in the exercise of his powers under this Regulation, unreasonably detain or delay the ship.

GIVEN under my Official Seal this 27th day of May, 1988.

BRENDAN DALY,

Minister for the Marine.

EXPLANATORY NOTE.

These Regulations give effect in part to the Merchant Shipping (Minimum Standards) Convention, 1976 (International Labour Organisation Convention 147), which is in force internationally and requires provisions to be made substantially equivalent to those of (amongst other Conventions) the Prevention of Accidents (Seafarers) Convention 1970 (International Labour Organisation Convention 134, Article 4) which is in force but has not been ratified by the State.

The Regulations require ships registered in the State (other than fishing vessels and pleasure craft) to carry a gangway (regulation 5), an accommodation ladder (regulation 6), and if a portable ladder is carried, one of a specified type and description (regulation 7), and safety nets (regulation 10). Bulwark ladders (regulation 8) and handholds and guardrails (regulation 9) are required in specified circumstances. The Regulations also include provisions about the maintenance, deployment, safe rigging and use of access equipment (whether or not the ship's own equipment). A ship may be detained if she does not carry the necessary access equipment (regulation 12).

In the case of ships not registered in the State, the Regulations require the maintenance, deployment, safe rigging and use of access equipment while in ports in the State. Access equipment clearly hazardous to safety must not be carried (regulation 11) and ships which carry hazardous access equipment may be detained (regulation 13).