Health and Safety
Executive / Commission
Operational
SIM 05/2007/05
Author Unit/Section: Transportation section
Target Audience: HSE Inspectors
This SIM provides inspectors new to dock inspection with background information to enable them to inspect docks in an informed and safe way
1 This guidance gives an overview of the Docks Industry, its problems and where to find other relevant guidance. It does not include guidance on inland waterways.
2 HSE are the enforcing authority for work activities on dock premises with the exception, in most cases, of the activities of ship’s crew on board the ship and railways. Dock premises are defined as any dock, wharf, quay, jetty or other place at which ships load or unload goods or embark or disembark passengers, together with neighbouring land or water which is used or occupied, for those or incidental activities, and any part of a ship when used for those or incidental activities. HSE cover loading and unloading activities involving land-based workers, including where these take place on the ship. Inspectors are entitled and encouraged to go on board ship to observe such activities where necessary, provided their own health and safety is not compromised.
3 The Maritime and Coastguard Agency (MCA) deals with health and safety on board ship and for crew members. Accidents to crew and accidents at sea are investigated by the Marine Accident Investigation Branch (MAIB). A Memorandum of Understanding (MoU) exists between HSE/MCA/MAIB [521KB] 
to clarify demarcation issues.
4 Enforcement on railways is mainly the responsibility of the Office of Rail Regulation (ORR). HSE FOD enforces non-rail activities such as lifting and loading and also where the railway is solely for the purpose of moving goods within the dock premises. A MoU [306KB] also exists between HSE/ORR
5 Inspectors may also encounter officers from HM Revenue and Customs; local authorities (food safety/nuisance); and the Environment Agency at dock premises. As with other work locations inspectors may need to carry out accident investigations with local police officers if there has been a fatality. There may also be times when inspectors will need to work with the police and the vehicle inspectorate when there has been a road accident on dock premises.
6 Transportation Section works in partnership with Port Skills and Safety (PSS) who are a not-for-profit organisation funded by their members, and has a lead role in health and safety, skills, training and competence. PSS are currently developing national occupational standards and are producing industry guidance to supplement and update the HSE ACOP on Safety in Docks. Most of the larger dock employers are PSS members. More details, including some free guidance, can be found on this website.
7 PSS also take the lead in the Safer Ports Initiative 2 (SPI – 2), an industry led initiative to improve the health and safety record of the industry. During 2007 there will be a series of workshops taking place around the country to support SPI2. These events are normally hosted by one of the larger employers but draw in medium and small employers not often otherwise contacted. Transportation Section is supporting these workshops and involvement from local inspectors will be welcome. Further details will be made available when workshops plans are finalised.
8 Figures produced by the Department for Transport (DfT) in November 2005 indicate
9 Of those directly employed about 4% are casual or non-permanent employees (NPEs), this figure rising to 9% during busy periods. As with other manual labour sectors there has also been a rise in the numbers employed who have English as a second language. Seamen and increasingly LGV drivers may have very little English, a factor the port will have to allow for in signage, particularly for high-risk areas. PSS have produced guidance on managing health and safety for NPEs, HSE produces guidance for agency workers, as does Business Link and dti.
10 Inspectors will encounter three types of port employers who operate docks:
11 Other employers working on the dock will include independent stevedoring companies, quay operators, warehousing companies, hauliers etc. The interaction between the different employers makes good co-ordination and co-operation an essential component of managing health and safety in docks. This is covered in some depth in Managing Safety in Dockwork (HSG177).
12 The types of cargo and some of the associated hazards are listed in the following table:
| Cargo | Description | Associated hazards |
|---|---|---|
| General | Forest products, steel, scrap etc | Falls from cargo, hatches, unfenced non-working dock/wharf edges, unsafe lifting operations, collapse of load, transport, access-egress |
| Bulk – solid | Coal, grain, aggregate, fertiliser – including ammonium nitrate | Dust, transport, falls from ships’ hold access, unguarded machinery, confined spaces, access, explosion of badly stored ammonium nitrate |
| Bulk – liquid | LPG, oil | Fire, explosion, confined spaces, access |
| Containerised load on /load off (lo-lo) | Containers lifted by crane on/off ship | Transport especially in container terminal, falls from containers, unsafe cargo securing (aka lashing) points on ship, MSD in crane operators, exposure to fumigants in containers, struck by doors or goods of overstuffed containers |
| Containerised – roll on/roll off (ro-ro) | Containers taken by tug and trailer or LGV on/off ship – cars also transported on ro-ro vessels | As above - also transport on ramp and during lashing, noise, struck by over tensioned lashings, exposure to vehicle fumes in older ships |
| Passenger ferries and cruise liners |
|
Baggage manual handling at cruise terminals. Transport, especially segregation of passengers/traffic. Ro-ro vessels also often carry passengers. |
13 HSE statistics suggest an accident rate of around 1799 per 100,000 employees. However, the comprehensive DfT study on employment and accidents in the Industry suggests that this figure might be somewhat lower at around 1200 per 100,000 employees. This is because the DfT report suggests a larger workforce in docks by including all those who work on or around the dock premises.
14 Although not directly comparable (HSE’s employment figures are from a different source) figures for other industries are:
(Figures taken from HSE statistics for 2004/05 averaged over 3 years.)
15 Accident figures for the years 2002/03 – 2005/06p are shown below. The figures are for Standard Industry Classifications (SICs):
| Accident type | 2002/03 | 2003/04 | 2004/05p | 2005/06p |
|---|---|---|---|---|
| Fatal | 2 | 6 (1mop) | 1 | 1 |
| Major | 114 | 157 | 135 | 133 |
| Over 3day | 562 | 585 | 556 | 485 |
| Total | 677 | 748 | 689 | 618 |
16 The main causes of major accidents are:
17 The main causes of > 3-day injuries are:
18 Although transport does not appear as a major contributor to accident figures in docks, such accidents are usually serious and often fatal. The large number of visitors to ports– passengers at ferry and cruise terminals, drivers and their passengers, service providers (telecommunication workers, office deliveries etc), enforcing authorities and members of the public (some docks are traversed by public footpaths) means that workplace transport is always likely to be a significant hazard.
19 The Health and Safety at Work etc Act 1974 and regulations made under it apply in full to docks work. They do not apply to seamen working on board ship. Comparable Merchant Shipping Regulations apply to ships crew, and are enforced by the Maritime and Coastguard Agency (MCA).
20 The Docks Regulations 1988 are still in force, although largely overtaken by the Management and Workplace Regulations and more recent legislation such as the Work at Height Regulations. The parts that are revoked are regulations 7(4)(5) and (6)(c); 14; 15; 16(3)(4)(5)(7) and (8); 17 and 18.
21 The Dangerous Substances in Harbour Areas Regulations (DSHAR) 1987 are also still in force. There are no current plans to update this guidance. Part IX is enforced by HID5 (the Explosives Inspectorate). HID also have an interest in Part V (Liquid substances in bulk) and Part VII (Emergency arrangements)
22 The Dangerous Substances and Explosive Atmospheres Regulations (DSEAR) 2002 also apply at docks (but not to ships) as do the Control of Major Accident Hazards Regulations (COMAH) 1999 (as amended) and the Notification of Installations Handling Hazardous Substances Regulations (NIHHS) 1982. HID are the Enforcing Authority for specialist docks and jetties to which COMAH and NIHSS apply.
23 The Loading and Unloading of Fishing Vessels 1988 apply to the safe handling of wet fish at British ports and quays both on board ship and at the quay, where this is carried out commercially. They do not apply to beach landed wet fish (although the Docks Regulations do). They provide the one occasion when HSE has responsibility for the safety of crew – but only for this one activity.
24 The Freight Container (Safety Convention) Regulations 1984 implement for the UK the International Maritime Organisation container safety convention. They make it an offence to use a freight container at work unless it is approved; fitted with a safety approval plate containing specific information; and has been maintained and examined in accordance with a scheme or programme approved by HSE. Transportation Section authorises inspection bodies to approve containers, by design type or individually and also issues the approval of examination schemes or programmes. Failure of a freight container during a lifting operation is a dangerous occurrence under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995.
25 Regulations relating to the carriage of dangerous goods by road are now within the remit of the Department for Transport (DfT). HSE HID involvement is mostly on a reactive basis. On the road enforcement is carried out by police officers and VOSA.
26 Before any visit is made it is essential for inspectors to familiarise themselves with the guidance on their own health and safety.
27 It is the responsibility of line managers to make sure all inspectors who visit docks are familiar with this guidance. Initially joint visits should be made with inspectors who already have experience of the industry – if necessary involving inspectors from other offices.
28 Apart from training visits, complaint or accident investigation, inspections should be made in accordance with the current work programme, as directed by their line manager The accident figures indicate slips/trips, working at height and MSD as the main priority areas. Good workplace transport management will also be important for reasons already given. Given that ports are multi-employer sites good co-ordination and co-operation will almost always need to be part of any workplace controls.
29 Inspectors can gain useful background about a port from the port website. This will give some idea of the kind of activities likely to be encountered.
30 Inspection Topic packs contain dock specific information and enforcement guidelines.
31 The high profile now given to National Security means that visits to inspect storage of ammonium nitrate is likely to continue.
32 At the time of writing only the Port of Tilbury is part of the FOILE initiative. Inspectors should check with the FOILE website for up to date information.
33 Transportation Section retains lead PI role for Associated British Ports (ABP) and inspectors should keep the Section informed of any initiatives and significant accidents at ABP ports.
34 Joint inspections with MCA may on occasions be beneficial for both or either party. Examples might be; inspections of activities where both have an interest or where the expertise of one authority is beneficial to the other. Key areas of concern are likely to be:
35 The MoU does allow HSE inspectors to intervene if they see ship’s crew working in such a way as to lead to serious and imminent danger. If this happens the local MCA offices should be informed asap. Telephone numbers can be found in the Appendix to the MoU and inspectors are advised to key local office numbers into their mobile phone.
36 HSE and LA’s are increasingly involved in partnership working. The aim is to make us collectively more effective in improving health and safety. An example is the work done under the Moving Goods Safely banner. Although LA’s do not enforce on dock premises they may at premises associated with dock premises. Inspectors planning initiatives in/around docks with LA’s, as elsewhere, need to bear in mind that LA planning is normally carried out at least one year ahead. Therefore approaches for joint working in 3 – 4 months are unlikely to be successful.
37 In certain circumstances inspectors may be called to assist the police in investigating road traffic accidents in ports. Guidance is available in OM 2003/103 'Work-related road traffic accidents: an explanation of circumstances when HSE may have a role to play', OM 2003/109 'Response to enquiries on work related road safety’, and ‘ Work related deaths - a protocol for liaison [60KB]'.
38 Whether Road Traffic Acts apply to roads in docks will depend on whether or not there is public access, whether by right or by permission or tolerance. PSS have produced priced guidance in the booklet ‘A guide to the law relating to road traffic at docks’. If inspectors are uncertain of the application of road traffic legislation they should contact Transportation Section.
39 The International Ship and Port Facility Security Code (ISPS code) apply to all passenger, container, ro-ro and chemical/oil/gas ports. This means they will have designated restricted areas (RA’s). Inspectors will need to get RA passes for these areas from the Port Facility Security Officer (PFSO). This will allow authorised and unescorted access into restricted areas and controlled buildings. The Department of Transport (DfT) Transport Security Directorate are the delegated authority in the UK for ports and passenger ships and MCA are the delegated authority for cargo freight shipping.
40 Depending on the frequency of visits to docks inspectors may be able to get full, temporary or day passes. This should not affect how, when or where inspectors visit as part of their normal duties, although for full passes background checks requiring two forms of identification may be required. The HSE Security Officer may be able to assist with these. If any problems do occur that cannot be resolved locally then inspectors should contact Transportation Section. Inspectors should familiarise themselves with the local arrangements of ports in their inspection area.
41 Inspectors uncertain of the application of existing guidance can contact Transportation Section (503 4200) for advice and/or support on issues of enforcement, demarcation, industry standards or risks and where issues are identified that are likely to be of national importance. The Section would like to hear of any prosecutions or Notices and examples of novel solutions to problems, particularly those relevant to HSE’s work programmes. Supporting guidance is listed in the Appendix to this SIM.
Current at the time of writing are:
*In need of revision and/or updating
ILO code of practice ‘Safety and health in ports’. Very informative, useful pictures and port safety officers will be familiar with it. Can be borrowed from Library Services but should not be treated as an authoritative interpretation of law in GB.
International Cargo Handling Co-ordination Association Ltd (ICHCA) produces a wide range of industry health and safety publications. The list can be viewed on their web site. Transportation Section has copies and can advise inspectors on specific matters regarding their content.