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(a) An employer shall not use any cargo handling crane, derrick, bulk cargo spout, or bulk cargo sucker, as defined in Section 4885, which:
(1) Is not part of a vessel's permanent equipment and is either located ashore or placed aboard a vessel only temporarily; and
(2) Is used to transfer cargo or materials other than bulk liquids directly between the shore and a vessel; and
(3) Is so located that its failure could cause injury to an employee until he has ascertained that the device has been certificated as evidenced by current and valid documents attesting to compliance with the requirements specified in Article 99.
(b) Unless otherwise specifically required, the terms defined in this Subsection shall not include, and the provisions of 3474(a) shall not apply to, the following equipment:
(1) Small industrial crane trucks as described and illustrated in American National Standards Institute, B56.1, 1969, "Safety Code for Powered Industrial Trucks."
(3) Ore and taconite vessel loading facilities of such type that failure could not cause injury to an employee.
(4) Bulk coal loading facilities.
(5) Vertical pocket conveyors such as banana, sugar, or other similar marine legs.
(6) Bridge cranes including steeple towers and dock-leg elevators.
(7) Any gantry truck not capable of straddling two or more intermodal containers 16 feet (4.88m) in width.
(c) Special Gear.
(1) Special stevedoring gear provided by the employer, the strength of which depends upon components other than commonly used stock items such as shackles, ropes or chains, shall be tested as a unit in accordance with the following table before initially being put into use.
State Working Load Proof Load Up to 20 short tons............................... 25 percent in excess Over 20 to 50 short tons.......................... 5 short tons in excess Over 50 short tons................................ 10 percent in excess
(2) Every spreader not a part of ship's gear and used for hoisting intermodal containers shall be tested to a proof load equal to 25 percent in excess of its rated capacity. Additionally, any spreader which suffers damage necessitating structural repair shall be retested after repair and before being returned to service.
(3) Certificates attesting to the required tests shall be available for inspection.
(d) Wire rope and loose gear obtained after the effective date of this section, and used for material handling shall have been tested and certificated before being placed into use. Certificates attesting to the required tests, inspections and examinations shall be available.
NOTE: Authority cited: Section 142.3 Labor Code. Reference: Section 142.3 Labor Code.
1. Amendment filed 12-12-84; effective thirtieth day thereafter (Register 84, No. 50).
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