Construction equipment in ports

​​​On this page, you can learn more about the division of responsibility between the Danish Working Environment Authority and the Danish Maritime Authority in connection with the use of floating construction equipment in ports, etc.

The below applies only in Danish ports.

In general, the following applies:

  • When barges are at sea (outside port areas), they are always covered by the regulations on occupational health issued by the Danish Maritime Authority.
  • When barges are being loaded and unloaded, they are covered by the regulations issued by the Danish Working Environment Authority.

The interface between the Danish Maritime Authority and the Danish Working Environment Authority arises when barges perform construction works:

  • while moored to shore - on a more or less permanent basis;
  • while moored to shore;
  • while they are in the immediate vicinity of land;
  • while they are in the immediate vicinity of land and are moored to a unit that is fixed permanently to the seabed.

The following has been agreed between the Danish Working Environment Authority and the Danish Maritime Authority

Covered by the regulations on occupational health issued by the Danish Working Environment Authority:

  • When barges are being loaded and unloaded.
  • When barges are moored to shore on a permanent basis, i.e. moored in such a manner that it is not immediately possible to let the barge go within a short period of time. In these cases, barges are considered as being an extension of the shoreside.
  • When barges are permanently moored to shore and the work being performed on board must be considered as being an extension of the work performed ashore.

Covered by the regulations on occupational health issued by the Danish Maritime Authority:

  • When barges are not permanently moored to shore (also in the immediate vicinity of land).
  • When barges are permanently moored to a unit that is fixed permanently to the seabed that is not to be considered as being a permanent part of land (not yet finalised).
  • When barges are permanently moored to shore and work is being performed on board that cannot be considered an extension of the work performed ashore.

In case of doubt, the distribution of responsibility must be agreed between the local representatives of the Danish Maritime Authority and the Danish Working Environment Authority. The construction owner is always informed about the agreement.

Definitions

The barge is moored alongside the quay (or the like) and is moored to shore in such a manner that, under these circumstances and conditions, it is so securely moored to shore that no assistance is required from other vessels to remain alongside the quay. If the barge is moored to another barge that must be considered to be permanently moored to shore, this is also considered as being permanently moored to shore.

The work being performed is part of the work being carried out ashore. This does not mean that the work is of the same nature, merely that it is part of the same contract and that the work ashore and on board the barge is performed almost simultaneously. If operations are being carried out that are not immediately associated with the work ashore, this is not considered an extension of the work performed ashore.

Where loose construction equipment (excavators, pile drivers, etc.) is being used, this must in general always meet the regulations applicable to the same equipment ashore, including registration, control measures, safety provisions, inspection, etc.

If the equipment is placed on board on a permanent basis, it must be considered as being part of the barge and covered by the regulations issued by the Danish Maritime Authority. If the Danish Maritime Authority does not have any regulations for the equipment concerned, it is covered by the regulations applicable ashore for similar equipment. 

In general, the Danish Maritime Authority always has the obligation to inspect equipment used on board. However, in cases where the Danish Working Environment Authority is considered to be responsible for the working environment, this authority can also choose to control loose construction equipment and make requirements for this.

Where the Danish Maritime Authority is responsible for the working environment on board, the on-board safety organisation must comply with the regulations issued by the Danish Maritime Authority.

However, in connection with construction works where much of the work is performed from land (including the construction of ports, quays and piers) and where the number of persons working on board does not exceed 14, such barges can be permitted to be considered to be covered by the safety organisation established ashore in connection with the contract. However, this requires special consideration by the shore-based safety organisation of the conditions on board barges as well as the safety organisation including at least one representative of the persons working on board.

Contact

Safety of Navigation, National Waters