Hong Kong Regulations

SHIPPING AND PORT CONTROL (WORKS) REGULATION - SECT 6

Safe means of access when vessels alongside each other, etc.

(1) If a person employed has to pass from a vessel to another vessel (whether
that vessel or that other vessel is a local vessel or not), there shall be
provided safe means of access for use by that person.

(2) Safe means of access is taken to have been provided—

   (a)  where the vessels are alongside each other and one of them has a
        freeboard lower than that of the other vessel, if the vessel having
        the higher freeboard satisfies the conditions set out in subsection
        (3)(a),

   (b)  , (c) or (d ); or

   (b)  in any other case, if either of the vessels satisfies the conditions
        set out in subsection (3)(a), (b), (c) or (d ).

(3) The conditions referred to in subsection (2) are as follows—

   (a)  the vessel is equipped with an accommodation ladder or a similar
        construction, of which one side is properly protected by the
        vessel’s side, and the ladder or the construction is—

        (i)    not less than 550 mm wide;

        (ii)   properly secured to prevent its displacement;

        (iii)  constructed of materials of good quality and in good condition;

        (iv)   securely fenced, throughout on the other side that is not so
               protected, to a clear height of not less than 820 mm, either by
               means of upper and lower rails, taut ropes or chains or by
               other equally safe means; and

        (v)    of adequate length;

   (b)  the vessel is equipped with an accommodation ladder or a similar
        construction, of which neither side is properly protected by the
        vessel’s side, and the ladder or the construction is—

        (i)    not less than 550 mm wide;

        (ii)   properly secured to prevent its displacement;

        (iii)  constructed of materials of good quality and in good condition;

        (iv)   securely fenced, throughout on each side, to a clear height of
               not less than 820 mm, either by means of upper and lower rails,
               taut ropes or chains or by other equally safe means; and

        (v)    of adequate length;

   (c)  the vessel is equipped with a gangway or a similar construction, and
        the gangway or the construction is—

        (i)    not less than 550 mm wide;

        (ii)   properly secured to prevent its displacement;

        (iii)  constructed of materials of good quality and in good condition;

        (iv)   securely fenced, throughout on each side, to a clear height of
               not less than 820 mm, either by means of upper and lower rails,
               taut ropes or chains or by other equally safe means; and

        (v)    of adequate length;

   (d)  if it is not reasonably practicable for the vessel to be equipped with
        an accommodation ladder or gangway, or any other construction similar
        to an accommodation ladder or gangway, the vessel is equipped with a
        ladder which is—

        (i)    of sound material and adequate length; and

        (ii)   properly secured to prevent its displacement.

(4) If there is a contravention of subsection (1), the person in charge of
works commits an offence and is liable on conviction to a fine at level 3.

(5) Where the employer is not the person in charge of works, if there is a
contravention of subsection (1), the employer shall provide safe means of
access required by that subsection as soon as reasonably practicable after the
contravention occurs.

(6) An employer who fails to comply with subsection (5) commits an offence and
is liable on conviction to a fine at level 3.

(7) Subsection (1) does not apply if, having regard to the condition of the
sea, the gap between the vessels, and the deck levels of the vessels, it is
safe for a person employed to pass from one vessel to the other without the
aid of a ladder, gangway or similar construction as required under subsections
(2) and (3).