SAL13122 - Shipping Australia Limited
Office Use Only
009
Model Work Health and Safety Code of Practice Managing Risks in Stevedoring
Public Comment Response Form
Model Code of Practice – Stevedoring
Chapter 1: Introduction
Section 1 page (5)
Scope and Application
Paragraph 1
This Code covers the loading and unloading of vessel cargo, stacking and storing on the wharf,
as well as receival and delivery of cargo within a terminal or facility.
Perhaps there is also merit in considering stipulating the individual responsibilities of the various
parties (ship; employers of stevedores and stevedores) in the Code.
Please also refer to our comments in pages 15 to 17.
Paragraph 2
Stevedores work on shore and on board ships and are therefore subject to both the WHS Act and
Regulations and to Marine Orders under the Navigation Act 20121. In some circumstances these
laws will operate concurrently, for example when a stevedore operates a ship-mounted crane.
Marine Order 32 (Cargo handling equipment) regulates the use of material handling equipment,
whether ship or shore equipment, when it is used for loading or unloading ships. It will apply to
the safety of the ship-mounted crane, whereas the WHS Act will apply to the systems of work
associated with the stevedore operating the ship-mounted crane.
SAL members are of the firm view that the elements contained in the Navigation Act 2012 and
as such the Marine Orders published by the Australian Maritime Safety Authority (AMSA)
should apply to stevedoring activities involving ships. There has been an established process,
which has been working very efficiently through the years for AMSA to be the regulator for
activities beyond the ship’s rail, given the acceptance of the Navigation Act in the international
shipping community. This should be recognised within the Code and the Code should provide
that to the extent of any inconsistency with the Code and any Marine Order, the Marine Order
should prevail.
SAL believes that application of the WHS Act to the systems of work associated with the
stevedore operating the ship-mounted crane will confuse accepted practices, which will not lead
to any enhancement of safety on the vessel or the ship-shore interface.
The Code must recognise that vessels trading internationally are unique workplaces in that they
must comply with many different sets of regulations internationally applying to navigation and
safety of life and the environment.
Poor regulation adds to the already significant regulatory burden imposed on international
shipping.
The example provided is confusing and does not clearly clarify the jurisdictional issues even
though MOU’s between AMSA and WHS Authorities are in place in some States.
Recommended action; Delete; ‘whereas the WHS Act will apply to the systems of work
associated with the stevedore operating the ship-mounted crane’ and change paragraph 2 to
reflect that AMSA will be the regulatory authority onboard the vessel.
1
SAL13122 - Shipping Australia Limited
Office Use Only
009
1.1 What is stevedoring? - Page 7
The following table provides examples of the different type of stevedoring operations:
Roll on roll off (RoRo)
Pure car carriers (PCC)
Loading and unloading of cargo via ramp to vessel
(e.g. cars, bulldozers).
Loading and unloading of cars only.
Pure Car Carriers are RoRo’s, as such there is no need to identify them in a separate line
Recommended action; Delete PCC
Section 1.3 Consulting, co-operating and co-ordinating activities with other duty holders
2nd last paragraph; 5th sentences (page 9)
Any safety problems are communicated to the vessel master / officer in charge and local agent.
Recommended action; add shipping company and vessel operator at the end of the sentence
Chapter 2: Risk Management
2.1 Identifying the hazards (page 11)
1st paragraph
A number of controls may be needed to manage various hazards that co-exist in the workplace,
for example, stevedoring activities may involve being near dangerous moving parts and
performing strenuous manual tasks in the presence of excessive noise.
Stevedores should not be near dangerous moving parts and performing strenuous manual tasks.
The moving parts are not in themselves ‘dangerous’ that is the dictated by the circumstance and
safety measures.
Define excessive, stevedores should not be working in conditions above 85db.
Recommended action; Delete words ‘dangerous’ and ‘excessive’
2.2 Assessing the risks – page 11
Factors to consider when assessing risks arising from stevedoring activities include:
This is a stevedoring Code of Practice these words are not necessary
Recommended action; Delete words ‘arising from stevedoring activities’
2.3 Controlling the risks page 12 paragraph 7
Administrative control measures and PPE do not control the hazard at the source. They rely on
human behaviour and supervision and used on their own tend to be the least effective control
measures to minimise risks.
This is not strictly an accurate statement and it is unclear what ‘on their own’ refers to, we
believe that PPE and administrative measures can be very effective hazard control mechanism.
Recommended action; change the wording to ‘Administrative control measures and PPE do not
entirely control the hazard at the source. They rely on human behaviour and supervision, which
2
SAL13122 - Shipping Australia Limited
Office Use Only
009
should be used together with PPE and administrative controls to minimise risks.’
Chapter 3: Planning
3.2 Emergency Planning page 14
Emergency plans should be site-specific and should be covered in induction training, and made
known to visitors. Regular refresher training should be provided to workers and procedures
established and maintained to ensure there is effective communication between ship and shore
(stevedores and the person in charge of the vessel).
Clause 43 of the WHS Regulation requires a person conducting a business or undertakings to
ensure that an emergency plan is prepared for the workplace…..”.
In a stevedoring context, the ship is the workplace, as is the terminal. All ships will have an
emergency plan in place for example in the case of fire, explosion etc. to comply with the
International Ship Management Code (ISM Code) These plans will extend to all persons on the
ship (stevedores, visitors etc.) and not just the crew.
Clause 43 of the Regulation also requires the stevedoring company to ensure that an emergency
plan is prepared for the ship as a workplace. Both the shipowner/operator, and the stevedore,
must ensure that a common emergency plan is prepared for the ship.
In some respects this requires the stevedoring company and agent to ensure that the ship has an
emergency plan which complies with Clause 43 of the WHS Regulation.
The question arises as to which Emergency Plan should be followed to be compliant with Clause
43 of the WHS Regulation?
Recommended action; SAL believes that overarching emergency plan onboard the vessel must
be that of the ship, as it will not be feasible for a ship to have differing plans for different ports
and countries. Believe that this section should relate only planning of shore emergency plans as
the ISM code will dictate the ship’s Emergency Plan.
The existence of the ship’s emergency plan should be checked at the time of vessel inspection
and the emergency plan to be followed by workers onboard the vessel discussed at ‘tool box
meetings. The vessel must be advised that the first point of contact for all emergencies in
Australia must be Emergency Services (Ring 000). Any delay in contacting Emergency services
could result in catastrophic consequences.
3.3 Traffic management plans (page16)
Common user facilities
In managing port and terminal activities, particularly when more than one business or
undertaking may be working in the same area, traffic routes for neighbouring operations should
be considered, ensuring that different activities can safely be conducted without increasing the
risk.
Ports and terminals are usually leased facilities and not common user berths
Recommended action; Replace words ‘port and terminal activities’ with ‘common user
facilities’, to avoid confusion
3
SAL13122 - Shipping Australia Limited
Office Use Only
009
3.3 Traffic management plans (page16) – cont.
Roll on roll off (RoRo) and pure car carriers (PCC)
Pure Car Carriers are RoRo’s as such there is no need to identify them separately
Recommended action; Delete ‘and pure car carriers (PCC)’
3.3 Traffic management plans (page16) (cont.)
In preparing a traffic management plan for RoRo or PCC consider:
Pure Car Carriers are RoRo’s, as such there is no need to identify them separately
Recommended action; Delete ‘or PCC’
Traffic movement within a terminal or facility – page 17
Truck ranking should not be allowed inside the loading/unloading areas and the vehicle twist
locks should be released before entry and locked after exit.
Exit from where?
Recommended action; Suggest rewording this sentence to ‘Truck ranking should not be allowed
inside the loading/unloading areas and the vehicle twist locks should be released after entry and
locked before exit from the truck grid’, to make it clear when this is applicable
3.4 Information, training, instruction and supervision
SAL considers that this section is too prescriptive. It is matter for consideration and necessary
action for the PCBU. The Code should be outcome based and fit for purpose.
Training – page 19
Who should receive training?
SAL is of the firm view that this must be a decision which is taken by the persons conducting a
business or undertaking (PCBU). We believe that matters pertaining to training are continuously
reviewed at meetings of the waterfront safety committees; as such there is no need for specific
mention of training in the Code.
Recommended action; Delete section 3.4 Information, training, instruction and supervision from
the Code. If this section is not deleted, please see comments below:
Training delivery plan – page 19
Consultation with workers is required when making decisions about the procedures for providing
information and training for workers.
A training plan should address the training required, who is to be trained, how the training will be
delivered, particular competencies that need to be attained by workers, and the measures used to
ensure workers have developed the necessary skills or competencies.
Recommended action; Delete the two paragraphs above and replace with wording in the
legislation in a ‘grey coloured box’. The PCBU should decide on the training requirements of
4
SAL13122 - Shipping Australia Limited
Office Use Only
009
the workers, which should be adequate to the task they have to undertake.
Training records – page 20
Training records should be kept to assist a person conducting a business or undertaking check
what training has been provided, what extra training is needed, and to demonstrate compliance
with WHS legislative requirements.
Recommended action; Delete the words ‘what extra training is needed’ as it does not add any
additional requirements to the procedure to be followed’
Supervision - page 21
A person who is gaining experience in stevedoring activities should be under the direct
supervision of a person with appropriate skills and experience until they demonstrate they have
the skills to perform work safely.
Recommended action; Delete the word ‘direct’, the closeness of supervision must necessarily
vary with the level of skills and experience of the member gaining experience.
Contractors have particular supervisory requirements. Often the safety of contractors is at
greater risk due to their lack of familiarity with the working environment, organisational policies
and work procedures (particularly relevant in stevedoring where people often work for different
organisations). An effective induction and training program can assist.
What are the particular supervisory requirements for contractors? This will vary depending on
the skills and experience of each contractor.
Recommended action; delete the sentence ‘Contractors have particular supervisory
requirements.’
To determine the level of supervision required, shift and scheduling arrangements (e.g. the time
of day, length of shift, or number and skills of available workers) should also be considered.
This should be under planning, the PCBU is responsible for allocating the right person for the
job at hand
Recommended action; delete sentence
Chapter 4: Inspections
4.1 Vessel inspections page 22
Before working on-board, the condition of the work area should be assessed by the person in
charge or the designated responsible person prior to work starting, throughout the discharge
process as required, and as working conditions change.
There is no necessity to inspect the entire working area every time.
This also applies when loading.
Recommended action; Change wording to; Before working on-board, the condition of the
specific work area should be assessed by the person in charge or the designated responsible
person prior to work starting and monitored throughout the loading and discharge process as
required, and as working conditions change.
5
SAL13122 - Shipping Australia Limited
Office Use Only
009
4.1 Vessel inspections page 22 – (cont.)
The person in charge may delegate vessel inspections to be conducted by the designated
responsible person who may be a supervisor or foreman. Inspections should not be ‘one-off
‘activities (e.g. at the start of a shift) but occur regularly throughout the process. This may
identify any new hazards and assess the suitability of work processes and control measures.
Health and safety representatives may participate in vessel inspections.
This is covered in paragraph 1 in this section. Safety should be assessed on a continuous basis.
There is no need to cease work to carryout ‘Inspections’.
Recommended action; Delete - ‘Inspections should not be ‘one-off ‘activities (e.g. at the start of
a shift) but occur regularly throughout the process. This may identify any new hazards and
assess the suitability of work processes and control measures. Health and safety representatives
may participate in vessel inspections.’
Paragraph under Section 68(2)(a)
Depending on the circumstances, other personnel such as the ship’s master, a member of the
crew or a person with particular skills should be invited to participate in the inspection process.
Define a person with particular skills; The Master or a senior person should be invited to
participate in the inspection process every time.
Recommended action; Reword this sentence as follows: The ship’s master, or a senior member
of the crew should be invited to participate in the inspection process.
Cargo presentation page 22
Working conditions and circumstances may change significantly during transit. The inspection
should check that cargo has not moved during the voyage and that lashing is secure for cargo
not being discharged adjacent to the work area. Any identified changes in the condition of cargo
should be communicated to other relevant ports.
Stevedores may not know whether the cargo has moved during the voyage. Stevedores do not
require checking the lashing of cargo in areas that are not being worked.
Recommended action; Include reference to seeking information from the vessel as to cargo
presentation and communicating identified changes in the condition of the cargo to other
relevant ports under the dot points in ‘vessel inspection’.
Chapter 5: Working Environment
5.1 Access and egress – page 23
The means of entry (access) and exit (egress) to a workplace must be safe. Some matters that
should be checked include:
Recommended action; Replace the word ‘workplace’, with ‘vessel’ to make it clear what it is
referring to
Last dot point;

where work is in a cargo compartment, that there are two means of access.2
6
SAL13122 - Shipping Australia Limited
Office Use Only
009
Recommended action; Delete above dot point as it is covered under MO 32
5.2 Housekeeping – page 23
The work environment landside and on vessels should be maintained in a safe condition. The
vessel inspection should check housekeeping practices on the vessel, including that:
• suitable storage areas for tools and equipment including lashing bars are identified and used
• loose items that may create a hazard from potential vessel movement are secured
• walkways in use have sufficient clear space to allow workers to move about safely
• reefer cables have been secured prior to unloading to ensure no snagging of loose hanging
cables.
1st and 2nd dot points have to be carried out during vessel inspection
Recommended action; Delete and include these under vessel inspections
5.3 Lighting – page 24
Adequate lighting must be provided and maintained landside and on vessels to ensure
Landside lighting should be covered by an existing Code of Practice?
Recommended action; make reference to the relevant Code of Practice
5.4 Air quality –page 24
Emissions from plant and the atmosphere in ships’ holds and storage areas may create
hazardous atmospheres. Where there is a likelihood of reduced air quality that may affect health
and safety (for example, contaminated, oxygen-deficient or explosive atmospheres) a risk
assessment should be carried out and relevant control measures implemented. Control measures
may include:
• providing measures for detecting hazardous atmospheres
• providing natural or mechanical ventilation to prevent accumulation of harmful concentrations
of gases, fumes and vapours, fumigants
• eliminating use of combustion-powered plant or equipment in poorly ventilated spaces, for
example by using flame-proof forklift trucks
• managing the length of time plant is used (switching off engines when not in use or limiting the
number of vehicles allowed to run at any one time)
• access to Safety Data Sheets (SDS) for hazardous chemicals
• training workers in emergency response related to hazardous atmospheres
• providing appropriate PPE such as respiratory equipment and ensuring these are worn and
properly maintained.
Where fumigation has been carried out, control measures include checking that workers do not
enter fumigated areas until these areas have been ventilated and are assessed as safe to enter.
There is no mention of MO Part 32. This is covered under MO Part 32 and SAL would prefer to
see the exact wording as in MO 32 included in this Code. It applies to conditions onboard and it
will be easier for the vessels to comply and for the Regulators to ensure compliance.
Recommended action; Delete 5.4 Air Quality and replace with wording in MO 32:
1 Safe atmosphere
1.1 The operator and master of a ship must take precautions to prevent access by persons to a
space that may have an unsafe atmosphere.
1.2 A space in a ship that is to be entered for loading or unloading must have been adequately
ventilated before entry is permitted.
1.3 If there is any doubt about an acceptable level of hazard, the advice of a competent chemist
should be obtained and the space tested for oxygen deficiency and levels of toxic and other
7
SAL13122 - Shipping Australia Limited
Office Use Only
009
airborne contaminants, taking into account that:
(a) these should be measured against the currently accepted exposure standards for those
contaminants specified in the table of exposure standards in "Guidance Note on the
Interpretation of Exposure Standards for Atmospheric Contaminants in the Occupational
Environment” (NOHSC: 3008(1995) 3rd Edition); and
(b) for some contaminants, such as benzene and asbestos, any positive level of contamination is
unacceptable.
1.4 A cargo hold may not provide a safe atmosphere and appropriate atmospheric testing at
periodic intervals may be required to ensure that an acceptable level of risk is maintained.
1.5 Additional precautions to be taken where a mechanical stowing appliance is used in an
enclosed space are specified in clause 4 of this Schedule.
1.6 Appropriate and reasonable precautions must be taken by the operator or master of a ship to
prevent access by persons to a space that has been fumigated until the atmosphere in that space
has been determined to be safe.
Note Recommendations on appropriate safety measures to be taken when using pesticides on
ships are to be found in the Supplement to the IMDG Code. Other authorities, such as port
authorities, may have additional requirements that must be met.
1.7 Where the safety of the atmosphere may be reduced as a result of cargo operations, such as
in a ro-ro vehicle deck, the master should ensure that ventilation machinery is operating.
5.8 Managing Fatigue – page 26
SAL is of the view that there should be a definition of the word ‘fatigue’?
Control measures for managing fatigue include providing workers with adequate breaks between
shifts
Recommended action; Delete above as this is covered under hours of work
A fatigue management plan may be developed to help control the risks of fatigue. It can include
procedures for ensuring:
 A fatigue management plan may be developed to help control the risks of fatigue. It can
include procedures for ensuring:
 resources are available to carry out the work
Recommended action; Replace ‘can’ with ‘may’ and delete ‘ensuring’, as a PCBU will be
unable to ensure that the worker arrives at work, fit for duty. The worker has a duty of care to
arrive at work in a fit condition.
Delete 2nd dot point, as the PCBU will determine how the work can be carried out depending on
the available resources
• consideration of environmental conditions (e.g. working in adverse weather contributes to
fatigue) and individual factors.
What are ‘individual factors’?
Recommended action; Delete words ‘and individual factors’.
The Code must endorse elimination of unsafe behaviours by workers as in most cases these
contribute to accidents in the workplace.
Recommended action; Introduce a section on the duties and work practices of workers in the
Code
8
SAL13122 - Shipping Australia Limited
Office Use Only
009
Chapter 6: Handling Loads and Cargo
6.1 Suspended loads – page 27
o workers should stand back until a suspended load is at a safe height and is stationary then
move forward to approach and stabilise the load (working adjacent to the load).
Recommended action; Define ‘safe height’
6.2 Lashing and unlashing containers – page 28
Before lashing and unlashing – page 28
As part of the vessel inspection, check for the following:
• slippery surfaces, grease and oil contamination, salt residue and water on walking surfaces
• obstructions or uneven surfaces which may cause workers to trip and fall
• equipment faults including any which may affect the integrity of the fall restraint safety system,
for example jagged metal on railings or containers
• ships ground/floor areas designed with holes or which are damaged around container stow
areas
• lashing gear is undamaged and in serviceable condition
• outboard cells are provided with safety rails sufficient to prevent a person falling overboard
• provision for railing (top and mid-rail) around open hatches and outboard cells including safety
chains
• rails (rope or wire) are taut and in good condition
• adequate lighting
• electrical cables are stowed away from walkways, wet areas and power is disconnected in
proximity to lashing activities.
Recommended action; Incorporate the dot point ‘rails (rope or wire) are taut and in good
condition’ to dot point 7; ‘provision for railing (top and mid-rail) around open hatches and
outboard cells including safety chains’
Recommended action; move this section in its entirety to vessel inspections
During lashing and unlashing - page 28
Control measures for lashing and unlashing activities may include:
1st dot point
• a system of inspections, for example rope inspections by a qualified person
Who is a qualified person? This should be the responsibility of the Master or the Classification
Society
Recommended action; Delete ‘for example rope inspections by a qualified person’
Before lashing and unlashing
2nd dot point
• only working from a stable, level base
A ship is never stationary, it is always subject to movement
Recommended action; Delete the word ‘only’
9
SAL13122 - Shipping Australia Limited
Office Use Only
009
Figure 1 – page 29
It is not clear that workers can safely work in this area as the figure in the previous draft has
been removed
Recommended action; Reinsert figure of a person on deck. MO 32 does not prohibit the area as
an area of work
6.3 Working in ships’ holds – page 30
Hatches and openings
Recommended action; Add the words ‘Marine Orders Part 32 provides further guidance on
Open hatchways and temporary fencing’
Monitoring cargo operations –pages 30-31
Marine Order 32, Schedule 6 includes the following requirements for monitoring cargo
operations.
Loading or unloading by means of a crane or derrick must not be carried out unless:
(a) the driver has an unrestricted view of the load at all times during loading or unloading; or
(b) a hatchman is employed for each crane or set of derricks who is clearly visible to the driver or
drivers.
Where persons are in a cargo space in connection with loading or unloading, whether or not a
crane or derrick is being used, there must be a lookout who:
(a) has a good view of the space; and
(b) is able to see potential dangers to the persons in the space; and
(c) is able to communicate with the persons in the space;
and who must warn persons in the space of any perceived danger.
The cargo space lookout may be a person with other duties, such as a hatchman or the crane
driver, provided that the person is capable of performing the duties assigned effectively.
Loading or unloading must not be carried out in a cargo space where 2 or more cranes or sets of
derricks are working simultaneously and separately unless:
(a) a separate hatchman is provided for each crane or set of derricks; and
(b) where work is to be carried out at different levels, a net or other equivalent protection is rigged
in such manner as to prevent persons and cargo falling from the upper level; and
(c) each hatchman is provided with a safe operating area on deck at a location that affords
adequate visibility for the hatchman to carry out his or her function
Recommended action; Insert the provisions in Marine Orders Part 32 Schedule 6 in a ‘grey box’,
as it is Regulation
6.4 Types of Cargo
General cargo – page 31
3rd paragraph
A licensed dogman should assess the load before discharging and loading and apply the
principles of dogging. Cargo should be handled within safe work loads and work load limits. To
do this:
It is impractical for a dogman to inspect every lift. The process of working a type of cargo from
cargo holds must be decided on at the time of vessel inspection or at the beginning of a shift,
when not using pre-determined lifting equipment.
10
SAL13122 - Shipping Australia Limited
Office Use Only
009
6.4 Types of Cargo
General cargo – page 31 (cont.)
Marine Orders 32 - Cargo handling equipment provides additional guidance on bulk cargo
properties.
We do not believe that MO Part 32 provides additional guidance on properties of bulk cargo
Recommended action: Delete the word ‘properties’
Dry bulk - page 31
4th paragraph
Gangs should load away from each other.
We are uncertain how this will work. It may be quite impractical to do so
Recommended action: Delete sentence
People and mobile plant in the hold should be kept separate.
This is not always feasible or practicable
Recommended action: Amend the sentence to read; ‘People and mobile plant in the hold should
be kept separate, whenever possible.’
6.5 Storage and stowage – page 32
We are of the view that including stowage on ships and storage ashore in the same section is
confusing. Storage ashore is covered by existing Codes/Guidance material
Recommended action: Separate ‘storage’ and ‘stowage’ into different sections. The ship’s
officers are responsible for the stowage onboard and will direct stevedores to conduct the task
according to the vessel’s requirements.
2nd paragraph
The plan should take into account floor capacity, type of dunnage, type, dimensions and weight
of cargo and of its potential energy, and provide for safe walkways.
This we believe refers to warehouses?
Recommended action: Delete the sentence ‘The plan should take into account floor capacity,
type of dunnage, type, dimensions and weight of cargo and of its potential energy, and provide
for safe walkways.’
11
SAL13122 - Shipping Australia Limited
Office Use Only
009
Control measures for safe stowage may include: page 33
Page 33 last dot point

lashing plans are compatible with the design of the vessel and gear fit for purpose is
available.
This is a matter for the vessel and the classification society. It is the , classification society that
approve lashing plans
Recommended action: Delete the dot point as the stevedores have no input or control over ship’s
lashing plans
Figure 2: Examples of stacking methods –page 33
There must be captions under each diagram. Diagram 1 is an acceptable form of stowing (gaps
in stow) and is carried out quite safely
Recommended action: show as an acceptable stowage pattern
Chapter 7: Plant and Equipment
7.2 Cranes and work boxes - page 34-35
Recommended action; This section requires rewriting and rearranging, as in its current form
there will be considerable confusion of what it refers to. Personnel Cradles should be distinctly
separated from Work Boxes. A personnel cradle in stevedoring is not the same as a workbox
and therefore only MO32 personnel cradle requirements are applicable. The Code should reflect
MO32 for personnel cradles and not crane workboxes.
Given the statement in paragraph 2 under Scope and Application ‘Marine Order 32 (Cargo
handling equipment) regulates the use of material handling equipment, whether ship or shore
equipment, when it is used for loading or unloading ships’, we are of the view that this section
should only deal with Personnel Cradles.
Recommended action; Change the heading to read Personnel Cradles
Marine Order 32 covers the design of ship-based cranes to enable safe loading or unloading by
stevedores operating these cranes, including that a crane, other than a crane fitted with remote
controls in accordance with subclause 3.6 of Schedule 7, must not be used in loading or
unloading unless, where the crane is provided with a cabin, the cabin:
(a) provides the operator with a clear and unrestricted view of the load and area of operation or of
a hatchman from the operating position of the crane; and
Managing Risks in Stevedoring – May 2013 Page 35
(b) for any window that normally affords the operator a view of the load and area of operation or
of a hatchman from the operating position of the crane — has a device that effectively clears rain
or moisture; and
(c) affords the operator ready access to the operating position and to all necessary controls and
switches; and
(d) is adequately heated in cold weather by means that do not emit noxious or objectionable
fumes; and
(e) is adequately ventilated by mechanical means; and
12
SAL13122 - Shipping Australia Limited
Office Use Only
009
(f) is equipped with a suitable seat and, where necessary, footrests;
(g) if fitted with an access door, allows the door to be operated from both inside and outside the
cabin, has an opening at least 550 mm wide and 1850 mm high (including any sill, the height of
which must not exceed 450 mm), and, where the door is of a type which may become so
obstructed as to prevent rescue in case of emergency, allows access to the cabin through a
second opening; and
(h) is constructed of fire-proof materials; and
(i) in the case of an electrically operated crane or a crane in which electrical equipment connected
with the crane’s operation is installed, contains a suitable fire extinguisher complying with the
appropriate Australian Standard or equivalent; and
(j) has been so designed that noise and vibration remain within acceptable limits; and
(k) shields the operating position and seat from the effects of radiated heat from the driving
mechanism; and
(l) if the crane is capable of hoisting a load to the level of the operating position — has any
window that is at risk of being struck by a swinging load fitted with laminated glass, toughened
safety glass or a material offering equivalent protection; and
(m) is provided with illumination operable from the control position.
Information on monitoring cargo operations during loading and unloading is set out in section 6.3
of this Code.
Recommended action; Insert the above provisions contained in Marine Orders Part 32 Schedule
2 in a ‘grey box’, as it is Regulation. It must be clearly stated that MO Part 32 applies to ship’s
cranes.
Weather conditions page 35
Decisions may include ceasing crane operations if there is a serious risk arising from exposure to
an immediate or imminent hazard, for example the possibility of the crane being struck by
lightning. Any crane struck by lightning must be thoroughly examined before being returned to
service.
How would one determine that there is an immediate or imminent hazard of a crane being struck
by lightning? Just because there is lightning in the distant horizon, it does not mean there is an
immediate or imminent danger of lightning striking the crane.
Recommended action; delete the words ‘for example the possibility of the crane being struck by
lightning’
Securing Devices page 36
1st two paragraphs:
When high wind speeds are expected, secure cranes in their appropriate out-of-service condition.
If this requires the raising or lowering of a jib, have a planned procedure in place to ensure there
is adequate time and space to do so. Cranes secured at picket points should be travelled against
the wind to the nearest picket position and the storm anchor inserted.
Rail-mounted cranes taken out of service in high winds should be secured using securing
devices designed for the purpose, for example storm pins or bolts that can be inserted into a
socket in the quay surface; rail clamps, wheel scotches and chains.
Recommended action; presume this relates to shore cranes – the heading should be amended to
reflect this
13
SAL13122 - Shipping Australia Limited
Office Use Only
009
Securing Devices page 36 (cont.)
Last paragraph:
Ropes attached to the load (tag lines) may be used to help control loads in light winds, but it is
essential to ensure that workers holding tag lines are fully aware of the motions to be performed
by the crane.
Tag lines are not securing devices
Recommended action; remove from this section
Chapter 8: Mooring and Unmooring
8.2 Mooring – page 39
SAL acknowledges that mooring and unmooring is a high risk activity, which may on some
occasions be carried out by stevedores. In the majority of ports in Australia this activity is
conducted by highly proficient individuals, who are guided by safety systems adopted by the
PCBU. SAL is of the firm view that mooring must not be included in the Code. Contents in
section 8.2 are not all-embracing or wide enough to cover this important duty.
Recommended action; Delete this section or obtain proper guidance from experts in this field
before publication
General Comments
This submission is made for and on behalf of the members of Shipping Australia Ltd.
Shipping Australia Ltd (SAL) is a peak shipowner association with 34 member lines and
shipping agents who employ nearly 3000 staff in over 250 offices in 41 Australian ports. SAL
membership also includes 50 corporate associate members which generally provide services to
the maritime industry in Australia. Our member Lines are involved with over 80% of Australia’s
international container trade and car trade as well as over 70% of our break bulk and bulk trade.
A number of our members are also actively engaged in the provision of coastal cargo services to
Australian consignors and consignees. A major focus of SAL is to promote efficient and
effective maritime trade for Australia whilst advancing the interests of ship owners and shipping
agents in all matters of shipping policy and safe environmentally sustainable ship operations.
Members of SAL are unconditionally committed to providing safe conditions for all those
engaged in working onboard ships and on the waterfront. SAL unreservedly endorses all
attempts to make ships and terminals safer places for everyone involved in shipping operations.
SAL is aware that there was a meeting held on 24 May with the Australian Chamber of
Commerce and Industry (ACCI), the MUA, Patrick, Qube and DP World to discuss areas in the
draft model Code thought to involve a significant additional cost to industry. Members of SAL
have expressed disappointment that SAL was not involved in these discussions as ultimately the
additional cost of substantial changes to work practices will have to be met by shipowners.
These costs will ultimately have to be paid by the Australian consumer.
Members of SAL are concerned that the Code, which in our view still requires considerable
14
SAL13122 - Shipping Australia Limited
Office Use Only
009
amendments, was released for Public Comment.
Given that the model WHS laws have not been adopted in Western Australia and Victoria, as
yet, members of SAL question whether the development of a Code of Practice will lead to any
improvement in safety on the waterfront. This is especially relevant given that vessels trading
internationally have to comply with many different sets of regulations internationally and any
variances in Regulations from port to port within Australia will lead to added
misunderstandings.
Regulatory systems must not restrain growth and as such the Code must not result in added
administration that hinders innovation, which will no doubt lead to Australia becoming
internationally uncompetitive.
The government must focus continually on processes that improve safety, lifts productivity and
promotes efficiency.
Comments on specific issues
Draft for Public Comment – page 2

is helpful and easy to understand
SAL is of the view that considerable editorial work needs to be done to make this document
more helpful and easier to understand. We have provided comment above on the various
amendments we seek, to make this a better document.

reflects current safety standards in relation to managing risks in stevedoring
We are not confident that the Code in its current form sets out agreed or recommended
methods for achieving compliance with the law, or reflects current safety standards in
relation to managing risks in stevedoring. In some sections it appears that the applicable
standards are confusing (e.g. workboxes, personnel cradles and emergency procedures)

has an appropriate level of information
SAL is of the view that the document is too prescriptive in some sections (Training) and the
information is not sufficient in others [section 5.4 – Air Quality; mooring and unmooring,
(which we believe should be removed from this document)]
1. Code of Practice or Guide
SAL is not confident that the Code in its current form sets out agreed or recommended
methods for achieving compliance with the law, or reflects current safety standards in
relation to managing risks in stevedoring. This is in part because of the rapidly evolving
nature of ships and shipping and procedures for loading, discharging and stowage of
cargoes, internationally. For this reason SAL recommends its adoption as a Guide for a 24month transitional period after which time the Guide can be reviewed, if necessary updated
and/or adopted as a Code. This would also allow a period of time in which practices in
other international jurisdictions might be considered.
In our view the Code in its current form does not provide sufficient guidance to enable
better compliance with the duties contained in the WHS Act or Regulations and there is no
evidence of a significant risk or widespread work health and safety problems if the current
practices were to continue, with the workers following established safe work procedures
15
SAL13122 - Shipping Australia Limited
Office Use Only
009
adopted by the PCBU. Information on hazards, risks and control measures is wellestablished in current work practices. The continuous drive by all parties of the industry to
improve safety may not be best secured by the adoption of a Code. The Code will have to
be continually updated because of the rapidly evolving nature of ships and shipping and
procedures for loading, discharging and stowage of cargoes.
SAL is of the opinion that the measures proposed to manage risks in stevedoring be
addressed in guidance material.
2. Interaction with Marine Orders:
SAL members are of the firm view that the elements contained in the Navigation Act 2012
and as such the Marine Orders published by the Australian Maritime Safety Authority
(AMSA) should apply to stevedoring activities involving ships. The WHS Act should apply
to activities beyond the ship’s rail. It must be pointed out that Marine Orders are continually
updated taking into account innovative procedures for loading, discharging and stowage of
cargoes, which are being developed internationally. We are aware that AMSA has signed
Memorandums of Understanding with a number of States with the exception of Queensland
and Western Australia. International shipping should not have to abide by different
legislation adopted in the various States in Australia. It appears that various sections in MO
32 have been included in the Code. We believe that there is scope in the Code to depict
other requirements in Marine Orders ‘verbatim’ so that there is less likelihood of
misinterpretation (for example shipboard lighting section 5.3).
Draft for Public Comment – page 2
3. Guidance on mooring and unmooring:
SAL is of the firm view that mooring must not be included in the Code. The Maritime
Safety Committee of the International Maritime Organization (IMO) is in the process of
developing industry guidance materiel to impart general knowledge about the planning and
execution of safe mooring operations. In our view to include partial guidance material in
this Code is unwise.
The IMO Facilitation Committee recognising the importance of the provision of adequate
mooring services in ports for ensuring maritime and port safety and the need for the
provision of guidance for minimum training and education of shore-side mooring personnel
to ensure that such personnel are capable of providing such services, has agreed that there is
need to include the Development of guidelines on minimum training and education for
shore-side mooring personnel and for those on board mooring boats used during mooring
operations as a new output for the Committee.
The crew of the ship are of course already trained to the International Convention on
Standards of Training, Certification and Watchkeeping for Seafarers Standards.
16