"Shallow canal" includes any of the following parts of a canal, canalized river, nontidal river, or inland navigation:

(a) Any part having no means of access to tidal waters except through a lock not exceeding ninety feet in length;

(b) Any part not in frequent use for the processes; and

(c) Any part at which the depth of water within fifteen feet of the edge does not ordinarily exceed five feet.

Duties.

It shall be the duty of the person having the general management and control of a dock, wharf, or quay to comply with Part I of these regulations; provided that if any other person has the exclusive right to occupation of any part of the dock, wharf, or quay, and has the general management and control of such part the duty in respect of that part shall devolve upon that other person; and further provided that this part of these regulations shall not apply to any shallow canal.

It shall be the duty of the owner, master, or officer in charge of a ship to comply with Part II of these regulations.

It shall be the duty of the owner of machinery or plant used in the processes, and in the case of machinery or plant carried on board a ship not being a ship registered in the United Kingdom it shall also be the duty of the master of such ship, to comply with Part III of these regulations.

It shall be the duty of every person who by himself, his agents, or workmen carries on the processes, and of all agents, workmen, and persons employed by him in the processes, to comply with Part IV of these regulations.

It shall be the duty of all persons, whether owners, occupiers, or persons employed, to comply with Part V of these regulations.

Part VI of these regulations shall be complied with by the persons on whom the duty is placed in that part.

PART I.

1. The following parts of every dock, wharf, or quay shall, as far as is practicable, having regard to the traffic and working, be securely fenced so that the height of the fence shall be in no place less than two feet six inches, and the fencing shall be maintained in good condition ready for use.

(a) All breaks, dangerous corners, and other dangerous parts of edges of a dock, wharf, or quay.

(b) Both sides of such footways over bridges, caissons, and dock gates as are in general use by persons employed, and each side of the entrance at each end of such footway for a sufficient distance not exceeding five yards.

2. Provision for the rescue from drowning of persons employed shall be made and maintained, and shall include:

(a) A supply of life-saving appliances, kept in readiness on the wharf or quay, which shall be reasonably adequate having regard to all the circumstances.

(b) Means at or near the surface of the water at reasonable intervals, for enabling a person immersed to support himself or escape from the water, which shall be reasonably adequate having regard to all the circumstances.

3. All places in which persons employed are employed at night, and any dangerous parts of the regular road or way over a dock, wharf, or quay, forming the approach to any such place from the nearest highway, shall be efficiently lighted.

Provided that the towing path of a canal or canalized river shall not be deemed to be "an approach," for the purpose of this regulation.

PART II.

4. If a ship is lying at a wharf or quay for the purpose of loading or unloading or coaling there shall be means of access for the use of persons employed at such times as they have to pass from the ship to the shore or from the shore to the ship as follows: (a) Where a gangway is reasonably practicable a gangway not less than 22 inches wide, properly secured, and fenced throughout on each side to a clear height of two feet nine inches by means of upper and lower rails, taut ropes or chains, or by other equally safe means.

(b) In other cases a secure ladder of adequate length.

Provided that nothing in this regulation shall be held to apply to cargo stages or cargo gangways, if other proper means of access is provided in conformity with these regulations.

Provided that as regards any sailing vessel not exceeding 250 tons net registered tonnage and any steam vessel not exceeding 150 tons gross registered tonnage this regulation shall not apply if and while the conditions are such that it is possible without undue risk to pass to and from the ship without the aid of any special appliances. 5. If a ship is alongside any other ship, vessel, or boat, and persons employed have to pass from one to the other, safe means of access shall be provided for their use, unless the conditions are such that it is possible to pass from one to the other without undue risk without the aid of any special appliance.

If one of such ships, vessels, or boats is a sailing barge, flat, keel, lighter or other similar vessel of relatively low free board the means of access shall be provided by the ship which has the higher free board.

6. If the depth from the top of the coamings to the bottom of the hold exceeds six feet there shall be maintained safe means of access by ladder or steps from the deck to the hold in which work is being carried on, with secure hand-hold and foothold continued to the top of the coamings.

In particular such access shall not be deemed to be safe:

(a) Unless the ladders between the lower decks are in the same line as the ladder from the main deck, if the same is practicable having regard to the position of the lower hatchway or hatchways.

(b) Unless the cargo is stowed sufficiently far from the ladder to leave at each rung of the ladder sufficient room for a man's feet.

(c) If there is not room to pass between a winch and the coamings at the place where the ladder leaves the deck.

(d) If the ladder is recessed under the deck more than is reasonably necessary to keep the ladder clear of the hatchway.

7. When the processes are being carried on between one hour after sunset and one hour before sunrise (a) the places in the hold and on the decks where work is being carried on, and (b) the means of access provided in pursuance of Regulations 4 and 5, shall be efficiently lighted, due regard being had to the safety of the ship and cargo, of all persons employed and of the navigation of other vessels and to the duly approved by-laws or regulations of any authority having power by statute to make by-laws or regulations subject to approval by some other authority.

8. All iron fore and aft beams and thwart ship beams used for hatchway covering shall have suitable gear for lifting them on and off without it being necessary for any person to go upon them to adjust such gear.

PART III.

9. All machinery and chains and other gear used in hoisting or lowering in connection with the processes shall have been tested, and shall be periodically examined. All such chains shall be effectually softened by annealing or firing when necessary, and all half-inch or smaller chains in general use shall be so annealed or fired once in every six months.

If the chains are part of the outfit carried by a seagoing ship it shall be a sufficient compliance with this regulation as regards softening by annealing or firing of halfinch or smaller chains, that no such chains shall be used unless they have been so annealed or fired within six months preceding.

As regards chains, the safe-loads indicated by the test, the date of last annealing, and any other particulars prescribed by the secretary of state, shall be entered in a register which shall be kept on the premises, unless some other place has been approved in writing by the chief inspector.

10. All motors, cog-wheels, chain and friction-gearing, shafting and live electric conductors used in the processes shall (unless it can be shown that by their position and construction they are equally safe to every person employed as they would be if securely fenced) be securely fenced so far as is practicable without impeding the safe working of the ship and without infringing any requirement of the board of trade.

11. The lever controlling the link motion reversing gear of a crane or winch used in the processes shall be provided with a suitable spring or other locking arrangement. 12. Every shore crane used in the processes shall have the safe-load plainly marked upon it, and if so constructed that the jib may be raised or lowered, either shall have attached to it an automatic indicator of safe-loads or shall have marked upon it a table showing the safe-loads at the corresponding inclinations of the jib.

13. The driver's platform on every crane or tip driven by mechanical power and used in the processes shall be securely fenced, and shall be provided with safe means

of access.

14. Adequate measures shall be taken to prevent exhaust steam from any crane or winch obscuring any part of the decks, gangways, stages, wharf, or quay, where any person is employed.

PART IV.

15. No machinery or gear used in the processes, other than a crane, shall be loaded beyond the safe-load; nor a crane, unless secured with the written permission of the owner by plates or chains or otherwise.

No load shall be left suspended from a crane, winch, or other machine unless there is a competent person actually in charge of the machine while the load is so left.

16. A boy under 16 shall not be employed as driver of a crane or winch, or to give signals to a driver, or to attend to cargo falls on winch-ends or winch-bodies.

17. Where in connection with the processes goods are placed on a wharf or quay other than a wharf or quay on a shallow canal:

(a) A clear passage leading to the means of access to the ship required by Regulation 4 shall be maintained on the wharf or quay; and

(b) If any space is left along the edge of the wharf or quay, it shall be at least three feet wide and clear of all obstructions other than fixed structures, plant and appliances

in use.

18. No deck-stage or cargo-stage shall be used in the processes unless it is substantially and firmly constructed, and adequately supported, and, where necessary, securely fastened.

No truck shall be used for carrying cargo between ship and shore on a stage so steep as to be unsafe.

Any stage which is slippery shall be made safe by the use of sand or otherwise.

19. Where there is more than one hatchway, if the hatchway of a hold exceeding seven feet six inches in depth measured from the top of the coamings to the bottom of the hold is not in use and the coamings are less than two feet six inches in height, it shall either be fenced to a height of three feet, or be securely covered.

Provided that this regulation shall not apply during meal-times or other temporary interruptions of work during the period of employment.

And provided that until the 1st of January, 1908, the fencing may be the best the circumstances will allow without making structural alteration.

Hatch coverings shall not be used in connection with the processes in the construction of deck or cargo stages, or for any other purpose which may expose them to damage. 20. No cargo shall be loaded by a fall or sling at any intermediate deck unless a secure landing platform has been placed across the hatchway at that deck.

PART V.

21. No person shall, unless duly authorized, or in case of necessity, remove or interfere with any fencing, gangway, gear, ladder, life-saving means or appliances, lights, marks, stages, or other things whatsoever, required by these regulations to be provided. 22. The fencing required by Regulation I shall not be removed except to the extent and for the period reasonably necessary for carrying on the work of the dock or ship, or for repairing any fencing. If removed it shall be restored forthwith at the end of that period by the persons engaged in the work that necessitated its removal.

PART VI.

23. No employer of persons in the processes shall allow machinery or gear to be used by such persons in the processes that does not comply with Part III of these regulations. 24. If the persons whose duty it is to comply with Regulations 4, 5, and 7 fail so to do, then it shall also be the duty of the employers of the persons employed for whose use the means of access and the lights are required to comply with the said regulation within the shortest time reasonably practicable after such failure.

25. The certificate of the ship's register and any other certificate or register referred to in these regulations shall be produced by the person in charge thereof on the application of any of II. M. inspectors of factories.

A. AKERS-DOUGLAS,

One of His Majesty's Principal Secretaries of State.

HOME OFFICE, Whitehall, 24th October, 1904.

FACTORY ENGINES AND CARS.

Whereas the use of locomotives, wagons, and other rolling stock on lines of rail or sidings in any factory or workshop or any place to which the provisions of section 79 of the Factory and Workshop Act, 1901, are applied by that act or on lines of rail or sidings used in connection with any factory, or workshop or any place as aforesaid, and not being part of a railway within the meaning of the Railway Employment

(prevention of accidents) Act, 1960, has been certified in pursuance of the said section to be dangerous:

I hereby in pursuance of the powers conferred upon me by that act make the following regulations and direct that they shall apply to all places before mentioned. These regulations shall come into force on the 1st day of January, 1907, except Regulations 1, 2, and 22, which shall come into force on the 1st day of January, 1908. Subject to the exemptions below, it shall be the duty of (i) the occupier of any factory or workshop and any place to which any of the provisions of the Factory and Workshop Act, 1901, are applied, and (ii) the occupier of any line of rails or sidings used in connection with a factory or workshop, or with any place to which any of the provisions of the Factory and Workshop Act, 1901, are applied, to comply with Part I of these regulations.

And it shall be the duty of every person who by himself, his agents or workmen, carries on any of the operations to which these regulations apply, and of all agents, workmen and persons employed to comply with Part II of these regulations.

And it shall be the duty of every person who by himself, his agents, or workmen, carries on any of the operations to which these regulations apply, to comply with Part III of these regulations.

In these regulations:

Line of rails means a line of rails or sidings for the use of locomotives or wagons, except such lines as are used exclusively for (a) a gantry crane or traveling crane, or (3) any charging machine or other apparatus or vehicle used exclusively in or about any actual process of manufacture.

Wagon includes any wheeled vehicle or non-self-moving crane on a line of rails. Locomotive includes any wheeled motor on a line of rails used for the movement of wagons and any self-moving crane.

Gantry means an elevated structure of wood, masonry, or metal, exceeding 6 feet in height and used for loading or unloading, which carries a line of rails, whereon wagons are worked by mechanical power.

Nothing in these regulations shall apply to:

(a) A line of rails of less than 3 feet gauge, and locomotives and wagons used thereon. (b) A line of rails not worked by mechanical power.

(c) A line of rails inside a railway goods warehouse.

(d) A line of rails forming part of a mine within the meaning of the Coal Mines Regulation Act, 1887, or of a quarry within the meaning of the Quarries Act, 1894, not being a line of rails within or used solely in connection with any factory or workshop not incidental to the maintenance or working of the mine or quarry or to the carrying on of the business thereof.

(e) Pit banks of mines to which the Metalliferous Mines Regulation Act, 1872, applies, and private lines of rails used in connection therewith.

(f) Lines of rails used in connection with factories or workshops, so far as they are outside the factory or workshop premises, and used for running purposes only.

(g) Wagons not moved by mechanical power.

(h) Buildings in course of construction.

(i) Explosivo factories or workshops within the meaning of the Explosives Act, 1875. (All lines and sidings on or used in connection with docks, wharves and quays not forming part of a factory or workshop as defined in section 149 of the Factory and Workshop Act, 1901.

(k) Wagon or locomotive building or repairing shops, and all lines and sidings used in connection with such shops if such shops are in the occupation of a railway company within the meaning of the Regulation of Railways Act, 1871.

(1) Depots or car-sheds being parts of tramway or light railway undertakings authorized by Parliament, and used for the storage, cleaning, inspection or repair of tramway cars or light railway cars.

PART I.

1. Point rods and signal wires in such a position as to be a source of danger to persons employed shall be sufficiently covered or otherwise guarded.

2. Ground levers working points shall be so placed that men working them are clear of adjacent lines, and shall be placed in a position parallel to the adjacent lines, or in such other position, and be of such form as to cause as little obstruction as possible to persons employed.

3. Lines of rails and points shall be periodically examined and kept in efficient order, having regard to the nature of the traffic.

4. Every gantry shall be properly constructed and kept in proper repair. It shall have a properly fixed structure to act as a stop-block at any terminal point; and at

every part where persons employed have to work or pass on foot there shall be a suitable footway, and if such footway is provided between a line of rails and the edge of the gantry the same shall so far as is reasonably practicable, having regard to the traffic and working, be securely fenced at such a distance from the line of rails as to afford a reasonably sufficient space for such persons to pass in safety between the fence and a locomotive wagon or load on the line of rails.

5. Coupling poles or other suitable mechanical appliances shall be provided where required for the purpose of Regulation 11.

6. Proper sprags and scotches when required shall be provided for the use of persons in charge of the movement of wagons.

7. Where during the period between one hour after sunset and one hour before sunrise, or in foggy weather, shunting or any operations likely to cause danger to persons employed are frequently carried on, efficient lighting shall be provided either by hand lamps or stationary lights as the case may require at all points where necessary for the safety of such persons.

8. The mechanism of a capstan worked by power and used for the purpose of traction of wagons on a line of rails shall be maintained in efficient condition and if operated by a treadle such treadle shall be tested daily before use.

PART II.

9. When materials are placed within 3 feet of a line of rails and persons employed are exposed to risk of injury from traffic by having to pass on foot over them or between them and the line, such material shall, as far as reasonably practicable, be so placed as not to endanger such persons, and there shall be adequate recesses at intervals of not more than 20 yards where the materials exceed that length.

10. No person shall cross a line of rails by crawling or passing underneath a train or wagons thereon where there may be a risk of danger from traffic.

11. Locomotives or wagons shall wherever it is reasonably practicable without structural alterations be coupled or uncoupled only by means of a coupling pole or other suitable mechanical appliance, except where the construction of locomotives or wagons is such that coupling or uncoupling can be safely and conveniently performed without any part of a man's body being within the space between the ends or buffers of one locomotive or wagon and another.

12. Sprags and scotches shall be used as and when they are required.

13. Wagons shall not be moved or be allowed to be moved on a line of rails by means of a prop or pole, or by means of towing by a rope or chain attached to a locomotive or wagon moving on an adjacent line of rails when other reasonably practicable means can be adopted; provided that this shall not apply to the movement of ladles containing hot material on a line of rails in front of and adjacent to a furnace.

In no case shall props be used for the above purpose unless made of iron, steel, or strong timber, hooped with iron, to prevent splitting.

14. Where a locomotive pushes more than one wagon, and risk of injury may thereby be caused to persons employed, a man shall, wherever it is safe and reasonably practicable, accompany or precede the front wagon or other efficient means shall be taken to obviate such risk.

Provided that this regulation shall not apply to the following:

(a) Fly shunting.

(b) Movement of wagons used for conveyance of molten or hot material or other dangerous substance.

15. No person shall be upon the buffer of a locomotive or wagon in motion unless there is a secure handhold and shall not stand thereon unless there is also a secure footplace; nor shall any person ride on a locomotive or wagon by means of a coupling pole or other like appliance.

16. No locomotive or wagon shall be moved on a line of rails until warning has been given by the person in charge to persons employed whose safety is likely to be endangered.

Provided that this regulation shall not apply to a self-moving crane within a building or to a charging machine or other vehicle so long as it is used in or about any actual process of manufacture.

17. Where persons employed have to pass on foot or work, no locomotive or wagon shall be moved on a line of rails during the period between one hour after sunset and one hour before sunrise, or in foggy weather, unless the approaching end, wherever it is safe and reasonably practicable, is distinguished by a suitable light or accompanied by a man with a lamp.

Provided that this regulation shall not apply to the movement of locomotives or wagons within any area which is efficiently lighted by stationary lights.