Every employer shall ensure that any vessel's lifting plant is—
(a)
| (i) |
of adequate strength for the purpose for which it is used; |
| (ii) |
free from patent defect; |
| (iii) |
properly installed or assembled; |
| (iv) |
properly maintained; and |
| (v) |
used only in a safe and proper manner; |
| (b) |
not loaded in excess of its certified safe working load, except for the purpose of carrying out a test referred to in paragraph (d); |
| (c) |
operated only by a person properly trained in the operation thereof and duly authorised by the officer of the watch to do so; |
| (d) |
tested by a competent person after the manufacturing or installation thereof, as the case may be, but before being put into operation, and thereafter after any repairs to or modification of the lifting plant which is likely to alter the safe working load or affect the strength or stability thereof, but at least once every four years: Provided that a rope sling manufactured from a rope batch tested by a competent person and spliced in a safe manner need not be tested; |
| (e) |
examined by a competent person after any of the tests referred to in paragraph (d) have been carried out, but at least once every 12 months, and that no lifting plant is used unless so examined and declared safe in writing; |
| (f) |
supplied with a test certificate stating that the lifting plant was tested by a competent person after any of the tests prescribed in paragraph (d); |
| (g) |
clearly and conspicuously marked with its safe working load; |
| (h) |
where practicable, fitted with— |
| (i) |
a limiting device which automatically arrests any driving effort when the load reaches its highest or lowest safe position; |
| (ii) |
a brake or other device suitable to holding a load and preventing the uncontrolled downward movement thereof when the raising effort of the lifting plant is interrupted; and |
| (iii) |
a hook or load-attaching device so designed or proportioned that the accidental disconnection of a load under working conditions is prevented; and |
| (i) |
a device indicating the operating radius of the lifting plant at all times while it is in operation; and |
| (ii) |
a diagram or indicator indicating to the operator the safe working load of the lifting plant corresponding to its operating radius, if it has a safe working load which varies according to its operating radius. |
Older Persons Act, 2006
