And the Labour Law for the Private Sector promulgated by And Legislative Decree No.(36) of 2012, particularly Article (166) thereof,

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Transcription:

MINISTRY OF LABOUR MINISTERIAL ORDER NO.(5) OF 2014 WITH RESPECT TO DETERMINING THE REQUIRED CONDITIONS AND PRECAUTIONARY MEASURES FOR THE PROTECTION OF WORKERS FROM THE HAZARDS OF WORK ON LIFTING EQUIPMENT The Minister of Labour, Article 1 Having reviewed Law No.(25) of 2009 with respect to the Accession of the Kingdom of Bahrain to the International Labour Organisation s Convention No.(155) of 1981 with respect to Occupational Safety and Health, and Work Environment, And the Labour Law for the Private Sector promulgated by And Legislative Decree No.(36) of 2012, particularly Article (166) thereof, And Decree No.(7) of 1983 with respect to the Arabian Agreement No.(13) of 1981 with respect to the Work Environment, And Decree No.(2) of 1994 with respect to the Accession by the State of Bahrain to the Arabian Agreement No.(7) of 1977 and Recommendation No.(1) of 1977 with respect to the Occupational Safety and Health, And Order of the Minister of Labour No.(14) of 1977 with respect to the Organisation of Services and Precautionary Measures necessary for the Protection of Workers from the Hazards of Work on Lifting Equipment, And Order of the Minister of Labour No.(4) of 2014 with respect to Determining the Required Conditions and Precautionary Measures for the Protection of Workers Engaged in Building works, Construction and Civil Engineering, And having sought the opinion of the Concerned Authorities, And upon the submission of the Undersecretary of the Ministry of Labour, HEREBY ORDERS: In the application of the provisions of this Order, the terms and expressions shall have the meanings assigned against each unless the context otherwise requires:

HOIST: a lifting machine with a carriage platform or cage and is operated by a driver or more. LIFTING MACHINE: a crank, winch or pulley block used for raising or lowering and a hoist, crane, sheer legs, excavator, drag line, piling frame, aerial cableway or over-head with all the lifting gear necessary for the operations. LIFTING GEAR: a chain sling, rope sling or similar and a ring, link, hook, plat clamp, shackle, swivel or eye bolt. QUALIFIED PERSON: a properly trained person with sufficient work experience, no physical deficiency or disability preventing him from performing his duties. Article 2 The provisions of this Order shall be applicable to all lifting machines where persons are required to operate or work on them. Article 3 Every employer or any person acting on his behalf shall acquaint the worker before being employed of the hazards of working on lifting equipment and the precautions to be taken for protection against such hazards. He shall also take the necessary precautions for protecting the workers from the dangers of working on lifting equipment and shall provide them with the necessary services for such protection as well as the necessary means of rescue indicated in this Order. An employer may not charge or deduct any amounts from the workers wage in consideration of providing such protection. Article 4 A worker shall not commit any action or negligence intended to hold up or misuse instructions or cause harm to the means provided for the protection and safety of the workers employed. He shall execute the instructions laid down for his safety and protection from the hazards of working on lifting equipment. Article 5 The following shall be required for every lifting equipment piece including all fixing or anchoring arrangements or other supports: 1. It shall be properly installed and of solid and sound material, adequate strength, suitable quality and free from patent defects. 2. It shall be properly maintained in accordance with the established practices. 3. It shall be inspected, in case of operation, at least once a week by a competent person.

Article 6 On every stage, gantry or other place where a lifting machine having a travelling or slowing motion is in use, an unobstructed passageway not less than 60c.m. (2 feet) wide shall be maintained between any moving party of the machined and any fixed object or fixtures or where this is impractical, access to the danger area shall be prevented by all practicable means. Article 7 Any platform provided for a crane driver or signaler shall be treated as a scaffold and shall be subject to all the provisions of scaffolds provided for in the Order of the Minister of Labour No.(4) of 2014 with respect to Determining the Required Conditions and Precautionary Measures for the Protection of Workers Engaged in Building works, Construction and Civil Engineering. Article 8 Every driver of a power driven lifting equipment shall be provided with a suitable cabin to provide adequate protection from the weather. Article 9 Every drum or pulley around which the chain or wire rope of any lifting equipment is carried shall be of suitable diameter and construction for the chain or rope used. Every chain or rope which terminates at a winding drum of lifting equipment shall be properly secured thereto and at least two turns of such chain or rope shall remain on the drum in every operating position. Article 10 Every crane, crab or winch shall be provided with an efficient brake or brakes or any other safety device which will prevent the fall of the load when suspended and by which the load can be effectively controlled whilst being lowered. Article 11 No pulley block or gin wheel suspended from or supported by a pole or beam shall be used for lifting or lowering materials unless it is effectively secured to the pole or beam which shall themselves be properly secured. Article 12 Where any crane or other lifting equipment is used on a soft or uneven surface or on a slope, appropriate precautions shall be taken to ensure stability which shall include: 1. Adequate and suitable ballasting. 2. Use of outriggers.

3. Anchoring and tying where necessary. 4. On soft surface use of wooden boards to prevent sinking. Article 13 1. All rails and any track on which a crane moves shall: a) To be supported on a surface sufficiently firm to prevent undue movement of rails or track. b) To have an even running surface, be sufficiently and adequately supported and be of adequate section. c) In the case of rails, they shall be jointed by fish plates or double chairs. d) To securely fastened to sleepers and bearers. e) To be laid in straight lines or in curves so that the extent of rotation allows free movement of the crane and without the risk of derailment. f) It shall be provided with adequate stops or buffers on each rail at each end of the track. 2. No person shall be employed or work on or near the wheel track of an overhead traveling crane in any place where he would be liable to be struck by the crane unless there is in operation a permit-to-work scheme ad the necessary precautions have been taken to ensure that the crane cannot approach within twenty feet of such person. Article 14 1. Save from the cases where the hoisting drum and derricking drum are separately driven, or the mechanism driving the derricking drum is self locking, every crane having a clutch operated derricking boom shall be provided with an effective inter-locking arrangement. The Inter-lock shall be such that the clutch can only be disengaged from the derricking drum when it is firmly held in a stationary position. 2. No crane having a derricking boom shall be used in a way contrary to the conditions of the certificate of test and examination required under Article (17) of this Order. Article 15 No crane shall be erected except under the supervision of a competent person. Article 16 1. No lifting or signaling equipment shall be operated otherwise than by a person trained and competent to operate such equipment and in the case

of a crane, he shall be in possession of a certificate to that effect, except during training under the direct supervision of a competent person. 2. If the person operating lifting equipment has not a clear view of the load, or where there is no load at the point of attachment for a load, there shall be appointed and suitably stationed one or more competent persons as may be required to give the necessary signals to the operator. 3. An employer shall get all the lifting gear and equipment including the mechanical vehicles by an authority approved by the Ministry of Labour and in case of any technical defects or problems appeared after issuing and approving the technical certificate, the blame shall lye upon the inspecting authority in case the technical investigation confirms it. 4. An employer shall carry out the maintenance of all the materials and mechanical vehicles used to lift individuals or materials to ensure their safety provided a special register shall be maintained for this purpose. Article 17 1. No lifting equipment shall initially be taken into use or be used unless it has been tested and thoroughly examined by a competent person. Such test and through examination to be repeated after every substantial alteration or repair affecting its strength or stability, and in any circumstances in the case of hoists, every six months, and in the case of cranes, crabs or winches every fourteen months. The reports of such test and through examination, as required by the Law, shall be signed by the person making the report. In any case, where the test and through examination reveals defects which would make the equipment unsafe in operation, a copy of the report shall be sent immediately to the responsible manager of the establishment for necessary action. 2. No lifting gear shall be initially taken into use or be used unless it has been tested and thoroughly examined by a competent person within the previous six months. Article 18 No lifting equipment shall be used unless there is in existence a test certificate indicating its safe working load, and in the case of a crane of variable operating radius, indicating the safe working load at various radii of the boom, pulley or crane and the maximum radius at which any boom may be worked. Under no circumstances shall any lifting equipment be operated in a way which causes the safe working load so indicated to be exceeded. Article 19 Precautions on raising or lowering of loads shall be as follows:

1. Where there is a lifted load which is equal to or slightly less than the safe working load of the lifting equipment, the load shall be halted after the load been raised a short distance before the operation is proceeded therewith. 2. When more than one crane, winch or other lifting equipment is used to raise or lower a load, the equipment shall so arranged and fixed that no such equipment shall at any time be loaded beyond its safe working load or be rendered unstable during the raising or lowering of the load. 3. A competent person shall be appointed to supervise all such operations. 4. Mechanical vehicles intended for excavation operations shall not be used in lifting whether for persons or materials. 5. The hoisting mechanism of a crane shall not be used for any purpose other than raising or lowering a load vertically unless such use will not endanger the stability of the crane and is supervised by a competent person. Article 20 Every hook used for raising, lowering or as a mean of suspension shall be provided with an efficient device so as to prevent the displacement of the sling or load from the hook and a remote device shall be used to prevent, whenever practical, the occurrence of any danger to other workers. Article 21 1. Every sling used for raising and lowering shall be securely attached to the hook of the equipment and the method of attachment shall be such as to ensure that no part of the sling is damaged thereby. 2. No double or multi-rope sling shall be used for raising or lowering except under the supervision of a competent person. 3. Suitable packing pieces shall be used to ensure that edges of the load shall not come into contact with the sling rope. Article 22 1. A load shall not be raised, lowered or suspended on a chain or wire rope which has a knot tied in any part of the chain or rope under direct tension. 2. No chain which is shortened or joined to another by means of bolts and nuts inserted through the links shall be used for raising, lowering or suspending any load.

Article 23 No hoist shall be used unless it meets the following conditions: 1. The hoistway is suitably enclosed to prevent access at all points where any person is liable to be struck by any moving part of the hoist and to prevent the fall of objects from the platform to points outside the hoistway. 2. The hoistway enclosure at points where access is required to be provided with gates to be kept closed except when the platform is at rest or if it is necessary for the gates to be open to allow passage of persons, goods or materials. 3. To be provided with efficient automatic devices to prevent the hoist from falling in the event of a damage or defect of the hoist rope or ropes. 4. To be provided with efficient automatic devices which will ensure that the platform or cage does not over-run the highest point to which it is for the time being constructed to travel. 5. It shall be operated by a competent person. 6. The passage-way between the Hoist and the building shall be surrounded by a secure and safe fence to prevent tripping or falling of workers or materials. Article 24 The hoist shall be so constructed and installed that it can be operated from one point only. Article 25 Where a hoist is operated by means of a winch, it shall be so constructed that the brake is applied when the control lever, handle or switch is not held in the operating position. Article 26 No person shall be carried by a power driven lifting appliance (hoist) unless it is provided with a cage that meets the following conditions: 1. It shall be so constructed to prevent, when the gates are shut, any person from falling out or striking against or being struck by any fixed or moving part of the hoistway or the hoist or by articles falling down the hoistway. 2. It is fitted on every side from which access is provided to a landing place with a gate which shall have efficient inter-locking or other devices to ensure that the gate cannot be opened except when the cage is at landing

place and that the cage cannot be moved away from any landing place until the gates are shut. 3. It is provided with efficient automatic devices to ensure that the cage comes to rest above the lowest point to which the cage could otherwise travel. Article 28 The approved inspection reports provided for in this Order shall be kept on site of the operations and a copy thereof shall be maintained with the employer upon sites and workplaces inspection by Occupational and Health Inspection Body of the Ministry of Labour. Article 29 Any person who violates the provisions of this Order shall be liable for the penalties provided for in Article (192) of the Labour Law for the Private Sector promulgated by Law No.(36) of 2012. Article 30 Order of the Minister of Labour and Social Affairs No.(14) of 1977 with respect to the Organisation of Services and Precautionary Measures necessary for the Protection of Workers from the Hazards of Work on Lifting Equipment shall be revoked and any provision that contravene the provisions of this Order shall be revoked. Article 31 The Ministry s Undersecretary shall implement this Order which shall come into effect three months after the date of its publication in the Official Gazette. Signed: Jameel bin Mohamed Ali Humaidan. Minister of Labour. Issued on: 2 nd Jumada Al Akher, 1435 Hijra, Corresponding to: 2 nd February, 2014 A.D.