Chapter 17 - Health and Safety
Chapter 17 - Health and Safety
(a) Any vessel, vehicle, merchandise, or person causing damage to any property shall be liable for such damage. The government is not liable for any damage to or loss of merchandise or other property on any wharf.
(b) Agencies loading or unloading at wharves shall indemnify and save harmless the Govern-ment of American Samoa, the Government of the United States, and its members and employees from and against all losses, claims, demands or suits for damages, including death and personal injury, and including court costs and attorney’s fees, incident to or resulting from their operations on the property of the government and the use of its facilities.
Vessels may be moved or shifted at any time at the discretion of the Port Director.
(a) Oxygen cylinders shall be kept free from oil and grease at all times.
(b) Oxygen may not be used to blow out oil pipes, for paint spraying, or for pneumatic tools.
Vessels entering to discharge or load cargo shall provide proper and sufficient gear to load or unload the cargo on or from the wharf.
Vessels may be discharged or loaded at any time provided 48-hour notice of the intention to discharge or load is given to the Port Director. Vessels making the port of Pago Pago shall notify the Port Director at least 48 hours before entry as to the amount and kind of cargo ex-pected to be discharged.
No person may park any vehicle on any wharf, or in the area between the customs warehouse, rear left of the port office, and boat shed, except in a space to be specifically assigned for the purpose by the Port Director, unless such vehicle is in the charge of its duly authorized driver and is then and there in actual service of carrying passengers or freight to or from a pier.
No vehicle, except emergency vehicles, may be admitted upon any wharf unless the owner or owners thereof have been granted a permit by the Port Director.
No vegetable or animal matter or goods which are in a state of decay or putrefaction may be placed and left upon any wharf, in the waters, or on the shores of the harbor or upon any reef adjacent to the harbor. No dead animal may be moved through the waters of the harbor.
Any person handling goods on a wharf or bringing goods thereon for shipment shall place, store, and stack such goods in such a way as not to be an; impediment to the approaches to the wharf, or an obstacle to the removal of other goods, or cause damage to the wharf. No goods may be so placed as to restrict the use of mooring bitt, cleats or any other device used for mooring purposes. No goods may be so placed as to restrict or prevent the use of track, water connection, fire hydrants, gutters, oil connections or drains.
No person may place and leave any rubbish, ashes or refuse on any wharf without permission of the Port Director.
No person may make, repair, dress, or scrape a spar or mast or do any kind of work on any wharf in connection with repairing or fitting out any boat or vessel without permission of the Port Director.
Compressed gas cylinders may not be refilled on any wharf, dock, or pier.
The placing, discharging, or deposition. by any process or in any manner, of refuse, garbage, hatch and deck rubbish, dirt, ashes, cinders, mud, sand, dredgings, sludge, acid or any other matter of any kind other than that flowing from streets and sewer overflow and passing therefrom in a liquid state into any harbor or any stream flowing into any harbor, is forbidden unless permission is granted in writing by the Port Director.
The discharge of oil sludge, oil refuse, fuel oil, or any product which may cause contamination of the water of the harbor, either directly or indirectly, or the pumping of bilges into the water of any harbor, is strictly prohibited.
(a) Masters of vessels moored alongside a dock are responsible for the cleanliness and appearance of the dock abreast their vessels.
(b) If any vessel fails or refuses to keep the dock clean, the Port Director may order the dock cleaned and the cost thereof shall be charged to the vessel and paid prior to the vessel’s leaving the harbor.
Any vessel lying alongside any wharf shall at all times comply with instructions of the Director of medical services and of the Port Director relating to the use of rat guards, and other measures required to prevent rodents from leaving the vessel, to the extent that such a regulation applies to the vessel. Failure to comply with such instructions will be considered a violation of this title.
No vessel may be fumigated or smoked at any wharf without permission in writing from the Governor. If fumigation is to be with cyanogen products or hydrocyanic acid gas in any form, however generated, the applicant or his agent shall be in possession of a permit from the Director of Medical Services and shall have a watchman on duty so long as danger exists, in order that no one, unless properly entitled to do so, be allowed to board such vessel.
In the event of fire occurring on board any vessel in port, except vessels under way, such vessel shall sound 5 prolonged blasts of the whistle or siren as an alarm indicating fire on board at the dock to which the vessel is moored. Such signal shall be repeated at intervals to attract attention and is not a substitute for, but may be used in addition to, other means of reporting a tire. “Prolonged blast” means a blast of from 4 to 6 seconds’ duration.
Where insulated wire cables are in the path of traffic, they shall be protected from breakdown damage by crossovers, and, where they lead onto the ship, they shall be protected from chafing damage by a protective wrapped covering. Where electric cables lead from one ship to another, the same protective measures shall be complied with.
(a) All handling and loading or unloading of explosives shall be done in a safe and careful manner and shall be in accordance with the federal regulations pertinent thereto in force at the time.
(b) Other cargo may not be removed concurrently with explosive cargo.
(c) All hauling of explosives away from or to a wharf shall be done in a safe and careful manner and shall be in accordance with regulations of the Governor.
Vessels carrying explosive or highly inflammable material shall be moored at the discretion of port authorities. On entering the harbor, and while explosive or highly inflammable material is on board, vessels shall in the daytime carry a red flag, international code B, at the foretruck and at night display a red light at the foretruck or at the forward yardarm or above the pilothouse.
No combustible materials, such as pitch, tar, resin or oil, may be flame heated on board any vessel within the harbor without permission of the Port Director.
No empty containers which have been used to hold inflammable liquids may be delivered onto any wharf or structure unless the same are securely closed with metal screw plugs. Such containers shall be delivered onto a wharf or structure only at such times as a carrier is prepared to take immediate delivery.
Loading or unloading of any liquid which gives off an inflammable vapor (as determined by Tagliabue’s Open Cup Tester as used for test of burning oils) at or below a temperature of 80’ F. in bulk or in containers is forbidden unless or until the following precautions have been taken:
(1) a rope fence located at such areas as may be required by the Port Director:
(2) five signs reading: “DANGER NO SMOKING-NO OPEN FLAMES-NO VISITORS” in 2-inch letters of white on a red background, to be prominently displayed at locations prescribed by the Port Director;
(3) a fire hose connected to the fire hydrant nearest the gangway, kept run out, equipped with a fog nozzle and the pressure on up to the nozzle;
(4) all shed doors closed inside the roped-off area adjacent to the vessel: the doors to remain closed while the vessel is in port:
(5) no mechanical equipment permitted to operate outside the roped-off area and in any adjacent area determined by the Port Director or agent or master of the vessel to be unsafe during adverse wind conditions, when the wind is blowing onto the pier from the vessel, or when there is no wind;
(6) a trained, capable, experienced and uniformed watchman provided with police authority, as approved by the Attorney General and Port Director, to prevent violations of regulations and to insure safe practice.
(a) Before any welding or burning operation can be done on a wharf or waterfront facility, or on a vessel moored thereto, the party intending to do such work shall first secure a permit from the Port Director. Applicants for permits to perform such operations shall fill out fully a prescribed form which shall be presented to the Port Director, and, if in his judgment all safety precautions have been provided for, and the welding or burning operations will not involve the possibility of a fire or an explosion, the Port Director may approve the permit to do the work.
(b) In the event that ammunition or other dangerous cargo is in close proximity or on board the ship, the port director and other appropriate officials of the Government of American Samoa shall be notified that an inspection will be conducted, and if in their opinion the welding or burning operations will not involve the possibility of a fire or explosion, permission may be granted to perform the work.
Before any welding, burning, or spark- or flame-producing operations are undertaken aboard any ship, dock, wharf, or waterfront facilities, all spaces subject to the accumulation of dangerous gas or gas-producing materials, in or on which work is to be performed, and such other spaces as may be required by the Port Director, or required under the provisions of the American Bureau of Shipping, National Fire Protection Association Standards, Bureau of Ships Manual, or U.S. Coast Guard regulations, shall be inspected by the Attorney General and Port Director. Such spaces shall include, but shall not be limited to, oil and ballast tanks, cofferdams, voids, boiler machinery spaces, pump rooms, compartments treated with combustible rust preventives, including hollow rudders and skegs, paint lockers and shaft alleys.
(a) All welding or burning operations shall be under the supervision and control of a comp-etent foreman or supervisor who shall see that all regulations pertaining to welding or burning operations are fulfilled in their entirety.
(b) All combustible materials are to be removed from the area in which the welding or burning operations are being conducted, or properly protected if removal is not feasible.
(a) Welding or burning operations shall not be conducted around hatches or companion-ways unless they are sealed with their own cover or door. In the event this is not possible, an asbestos blanket or other flameproof material may be provided in their place. Such substitution shall meet with the approval of the inspecting authority issuing the permit.
(b) When welding or burning is being conducted in locations in which sparks could fly over the outside of the ship’s hull, a protective shield composed of metal or other flameproof material shall be provided to prevent sparks from igniting the wharf or dock, barges, or oil slicks on the water, or any other combustible materials.
(a) Water-charged fire mains, with hose and nozzle attached, and the hose of sufficient length so that water can reach the base of any fire which may occur, shall be on each deck of the ship where welding or burning operations are being conducted.
(b) Sufficient trained fire watchers shall be on board and assigned to each group, or individual welder or burner, to watch for and extinguish incipient fire. Each fire watcher shall be provided with an approved fire extinguisher or hose line to control any fire which occurs during the welding or burning operations. All firemen and fire watchers shall be instructed by their foreman or supervisor as to their duties in respect to fire prevention and the manner of contacting the fire department when needed.
Compressed gas cylinders, when used in welding or burning operations, shall be used in a vertical position only and shall be secured at all times to prevent falling. When cylinders are not in use, valves should be closed and protection caps replaced.