Safeguarding of Workers (Chains, Ropes and Lifting Gear) (Jersey) Regulations 1980

Revised Edition

05.300.65

Showing the law as at 1 January 2006

This is a revised edition of the law

Safeguarding of Workers (Chains, Ropes and Lifting Gear) (Jersey) Regulations 1980

Arrangement

Regulation

PART 1

INTRODUCTORY

1            Interpretation

2            Application

3            Obligations

PART 2

CHAINS, ROPES AND LIFTING GEAR

4            Construction and maintenance of chains, ropes and lifting gear

5            Initial testing and examination of chains and lifting gear

6            Initial testing and examination of wire ropes

7            Periodic examinations of chains, ropes and lifting gear

8            Marking of safe working loads and means of identification

9            Splices in rope

10          Misuse of chains, ropes and lifting gear

11          Chain or lifting gear manufactured from wrought iron

12          Chains and lifting gear made from special steels

13          Hooks

14          Marking of lifting beams and frames

15          Load not to exceed safe working load

16          Prevention of snagging of sling hooks

17          Powers of inspectors to remove lifting gear from premises

PART 3

MISCELLANEOUS

18          Certificates of exemption

19          Reports and other documents

20          Orders

21          Citation

Supporting Documents

Endnotes

Table of Legislation History

Table of Renumbered Provisions

Table of Endnote References



Safeguarding of Workers (Chains, Ropes and Lifting Gear) (Jersey) Regulations 1980[1]

THE STATES, in pursuance of Article 9 of the Health and Safety at Work (Jersey) Law 1989[2] have made the following Regulations –

Commencement [see endnotes]

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)    The Subordinate Legislation (Jersey) Law 1960,[3] shall apply to Orders made under these Regulations.

21    Citation

These Regulations may be cited as the Safeguarding of Workers (Chains, Ropes and Lifting Gear) (Jersey) Regulations 1980.

Endnotes

Table of Legislation History



Legislation



Year and No



Commencement



Safeguarding of Workers (Chains, Ropes and Lifting Gear) (Jersey) Regulations 1980



R&O.6766



1 May 1980



States of Jersey (Amendments and Construction Provisions No. 8) (Jersey) Regulations 2005



R&O.48/2005



9 December 2005



Table of Renumbered Provisions



Original



Current



PART I



PART 1



1 (1)



1



1 (2)



spent, omitted from this revised edition



PART II



PART 2



PART III



PART 3



21



spent, omitted from this revised edition



22



21



Table of Endnote References



[1]



These Regulations have been amended by the States of Jersey (Amendments and Construction Provisions No. 8) (Jersey) Regulations 2005. The amendments replace all references to a Committee of the States of Jersey with a reference to a Minister of the States of Jersey, and remove and add defined terms appropriately, consequentially upon the move from a committee system of government to a ministerial system of government



[2]



chapter 05.300, originally made under the Safeguarding of Workers (Jersey) Law 1956 and continued in force under Article 29 of the Health and Safety at Work (Jersey) Law 1989



[3]



chapter 15.720