Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Every intermodal container shall be
legibly and permanently marked with:
(1) The
weight of the container when empty, in pounds;
(2) The maximum cargo weight the container is
designed to carry, in pounds; and
(3) The sum of the weight of the container
and the cargo, in pounds.
(b) No container shall be hoisted by any
crane or derrick unless the following conditions have been met:
(1) The employer shall ascertain from the
carrier whether a container to be hoisted is loaded or empty. Empty containers
shall be identified before loading or discharge in such a manner as will inform
every supervisor and foreman on the site and in charge of loading or
discharging, or every crane or other hoisting equipment operator and signalman,
if any, that such container is empty. Methods of identification may include
cargo plans, manifests or markings on the container.
(2) In the case of a loaded container:
(A) The actual gross weight shall be plainly
marked so as to be visible to the crane or other hoisting equipment operator or
signalman, or to every supervisor and foreman on the site and in charge of the
operation: or
(B) The cargo stowage
plan or equivalent permanently recorded display serving the same purpose,
containing the actual gross weight and the serial number or other positive
identification of that specific container, shall be provided to the crane or
other hoisting equipment operator and signalman, if any, and to every
supervisor and foreman on the site and in charge of the
operation.
(3) Every
outbound loaded container which is received at a marine terminal ready to load
aboard a vessel without further consolidation or loading shall be weighed to
obtain the actual gross weight, either at the terminal or elsewhere, before
being hoisted.
(4)
(A) When container weighing scales are
located at a marine terminal, any outbound container with a load consolidated
at that terminal shall be weighed to obtain an actual weight before being
hoisted.
(B) If the terminal has no
scales, the actual gross weight may be calculated on the basis of the
container's contents and the container's empty weight. The weights used in the
calculation shall be posted conspicuously on the container, with the name of
the person making the calculation and the date.
(5) Open type vehicle carrying containers and
those built specifically and used solely for the carriage of compressed gases
are excepted from Subsections (b)(3) and (b)(4) of this section.
(6) The weight of loaded inbound containers
from foreign ports shall be determined by weighing or by the method of
calculation described in Subsection (b)(4)(B) or by shipping
documents.
(7) Any scale used
within the United States to weigh containers for the purpose of the
requirements of this section shall meet the accuracy standards of the state or
local public authority in which the scale is located.
(c) No container or containers shall be
hoisted if its actual gross weight exceeds the weight marked as required in
Subsection (a)(3) of this section or it exceeds the capacity of the crane or
other hoisting device intended to be used.
(d)
(1)
Marked or designated areas shall be set aside within a container or roll-on
roll-of terminal for passage of employees to and from active cargo transfer
points, except where transportation to and from those points is provided by the
employer.
(2) The employer shall
direct employees to stay clear of the area beneath a suspended
container.
(e) Employees
either working in the immediate area of container handling equipment such as
cranes or industrial trucks or in the terminal's traffic lanes, shall wear high
visibility vests, shirts, jackets or other articles of clothing marked with or
made of reflectorized or high visibility material.
(f) Containers shall be handled using lifting
fittings or other arrangements suitable and intended for the purpose except
when damage to an intermodal container makes special means of handling
necessary.
(1) Loaded intermodal containers of
20 feet (6.1 m) or more in length shall be hoisted as follows:
(A) When hoisting by the top fitting, the
lifting forces shall be applied vertically from at least four (4) such fittings
or by means which will safety do so without damage to the container, and using
the lifting fittings provided.
(B)
If hoisted from bottom fittings, the hoisting connections shall bear on the
fittings only, making no other contact with the container. The angles of the
four bridle legs shall not be less than 30 to the horizontal in the case of
40-foot (12.2 m) containers; 37 in the case of 20-foot (6.1 m)
containers.
(C) Lifting containers
by fork lift trucks or by grappling arms from above or from one side may be
done only if the container is designed for this type of handling.
(D) Other means of hoisting may be used only
if the containers and hoisting means are designed for such
use.
(2)
(A) When using intermodal container spreaders
that employ lanyards for activation of load disengagement, all possible
precautions shall be taken to prevent accidental release of the load.
(B) Intermodal container spreader twistlock
systems shall be designed and used so that a suspended load cannot accidently
be released.
(3) Flat bed
trucks or container chassis used to move intermodal containers shall be
equipped with pins, flanges, or other means to prevent the container from
shifting.
(g)
(1) Intermodal containers shall be inspected
for defects in structural members or fittings before handling.
(2) Any intermodal container found to be
unsafe shall be identified as such, promptly removed from service and repaired
before being returned to service.
(h) Containers shall not be hoisted unless
all engaged chassis twist locks are released.
(i) When intermodal container spreaders are
used to transfer employees to or from the tops of containers, the spreaders
shall be equipped with a personnel platform equipped with fixed standard
railings, provided that the railings have one or more openings for access. The
openings shall be fitted with a means of closure, such as chains with
hooks.
(j) Vertical tandem lifts.
The following requirements apply to operations involving the lifting of two or
more intermodal containers by the top container (vertical tandem lifts or
VTLs).
(1) Each employee involved in VTL
operations shall be trained and competent in the safety-related work practices,
safety procedures, and other requirements in this section that pertain to their
respective job assignments.
(2) No
more than two intermodal containers may be lifted in a VTL.
(3) Before the lift begins, the employer
shall ensure that the two containers lifted as part of a VTL are empty.
NOTE to subsection (j)(3): The lift begins immediately
following the end of the prelift required by subsection (j)(5) of this section.
Thus, the weight may be determined during the prelift using, on the crane being
used to lift the VTL, a load indicating device or a load moment device or a
device that prevents an overload condition, and whatever device is used, the
device must meet the requirements of Section
3472(b) of these
orders.
(4) The lift shall
be performed using either a shore-based container gantry crane or another type
of crane that:
(A) Has the precision control
necessary to restrain unintended rotation of the containers about any
axis,
(B) Is capable of handling
the load volume and wind sail potential of VTLs, and
(C) Is specifically designed to handle
containers.
(5) The
employer shall ensure that the crane operator pauses the lift when the
vertically coupled containers have just been lifted above the supporting
surface to assure that each interbox connector is properly engaged.
(6) Containers below deck may not be handled
as a VTL.
(7) VTL operations may
not be conducted when the wind speed exceeds the lesser of:
(A) 55 km/h (34 mph or 30 knots) or
(B) The crane manufacturer's recommendation
for maximum wind speed.
(8) The employer shall ensure that each
interbox connector used in a VTL operation:
(A) Automatically locks into corner castings
on containers but only unlocks manually (manual twistlocks or latchlocks are
not permitted);
(B) Is designed to
indicate whether it is locked or unlocked when fitted into a corner
casting;
(C) Locks and releases in
an identical direction and manner as all other interbox connectors in the
VTL;
(D) Has been tested and
certificated by a competent authority authorized under
29 CFR
1918.11 (for interbox connectors that are
part of a vessel's gear) or Section
3473 of these orders (for other
interbox connectors):
(i) As having a
load-bearing surface area of 800 mm2 when connected
to a corner casting with an opening that is 65.0 mm wide; and
(ii) As having a safe working load of 98 kN
(10,000 kg) with a safety factor of five when the load is applied by means of
two corner castings with openings that are 65.0 mm wide or equivalent
devices;
(E) Has a
certificate that is available for inspection and that attests that the interbox
connector meets the strength criteria given in Section
3466(j)(8)(D);
and
(F) Is clearly and durably
marked with its safe working load for lifting and an identifying number or mark
that will enable it to be associated with its test
certificate.
(9) The
employer shall ensure that each container and interbox connector used in a VTL
and each corner casting to which a connector will be coupled is inspected
immediately before use in the VTL.
(A) Each
employee performing the inspection shall be capable of detecting defects or
weaknesses and be able to assess their importance in relation to the safety of
VTL operations.
(B) The inspection
of each interbox connector shall include: a visual examination for obvious
structural defects, such as cracks; a check of its physical operation to
determine that the lock is fully functional with adequate spring tension on
each head; and a check for excessive corrosion and deterioration.
(C) The inspection of each container and each
of its corner castings shall include: a visual examination for obvious
structural defects, such as cracks; a check for excessive corrosion and
deterioration; and a visual examination to ensure that the opening to which an
interbox connector will be connected has not been enlarged, that the welds are
in good condition, and that it is free from ice, mud or other debris.
(D) The employer shall establish a system to
ensure that each defective or damaged interbox connector is removed from
service.
(E) An interbox connector
that has been found to be defective or damaged shall be removed from service
and may not be used in VTL operations until repaired.
(F) A container with a corner casting that
exhibits any of the problems listed in subsection (j)(9)(C) of this section may
not be lifted in a VTL.
(10) No platform container may be lifted as
part of a VTL unit.
(k)
Transporting vertically coupled containers.
(1) Equipment other than cranes used to
transport vertically connected containers shall be either specifically designed
for this application or evaluated by a qualified engineer and determined to be
capable of operating safely in this mode of operation.
(2) The employer shall develop, implement,
and maintain a written plan for transporting vertically connected containers.
The written plan shall establish procedures to ensure safe operating and
turning speeds and shall address all conditions in the terminal that could
affect the safety of VTL-related operations, including communication and
coordination among all employees involved in these
operations.
(l) Safe work
zone. The employer shall establish a safe work zone within which employees may
not be present when vertically connected containers are in motion.
(1) The safe work zone shall be sufficient to
protect employees in the event that a container drops or overturns.
(2) The written transport plan required by
Section 3466(k)(2) shall
include the safe work zone and procedures to ensure that employees are not in
this zone when a VTL is in motion.
1. New
section filed 12-12-84; effective thirtieth day thereafter (Register 84, No.
50). For prior history, see Register 80, No. 27.
2. Editorial
correction of subsection (b)(2)(B) printing error (Register 85, No.
19).
3. Amendment of subsection (e) and NOTE filed 7-29-96;
operative 8-28-96 (Register 96, No. 31).
4. New subsections
(j)-(l)(2) filed 7-24-2009; operative 7-24-2009. Submitted to OAL for printing
only pursuant to Labor Code section
142.3(a)(3)
(Register 2009, No. 30).
Note: Authority cited: Section
142.3, Labor
Code. Reference: Section
142.3, Labor
Code.
