The Merchant Shipping and Fishing Vessels (Manual Handling Operations) Regulations 1998

Prospective

Interpretation U.K.

2.—(1) In these Regulations, except where the context otherwise requires, any reference to–

(a) a numbered regulation is a reference to the regulation bearing that number in these Regulations; and

(b) a numbered paragraph or sub-paragraph is a reference to the paragraph or, as the case may be, sub-paragraph bearing that number in the regulation or Schedule in which the reference appears.

(2) In these Regulations–

“the Act” means the Merchant Shipping Act 1995;

“contract of employment” means a contract of employment, whether express or implied, and if express, whether oral or in writing;

“employer” means a person by whom a worker is employed under a contract of employment;

“General Duties Regulations” means the Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997(1);

“health and safety” includes the occupational health and safety of persons whilst on board the ship and whilst boarding or leaving the ship;

“injury” does not include injury caused by any toxic or corrosive substance which–

(a)

has leaked or spilled from a load,

(b)

is present on the surface of a load, but has not leaked or spilled from it, or

(c)

is a constituent part of a load,

and injured shall be construed accordingly;

“load” includes any person and any animal;

“manual handling operation” means any transporting or supporting of a load (including lifting, putting down, pushing, pulling, carrying or moving thereof) by hand or by bodily force;

“public service vessel” means any vessel operated by and on behalf of a public body while it is carrying out the authorised functions of that body;

“relevant inspector” means a person mentioned in paragraphs (a), (b) or (c) of section 258(1) of the Act;

“sail training vessel” means a vessel which is being used either–

(a)

to provide instruction in the principles of responsibility, resourcefulness, loyalty and team endeavour and to advance education in the art of seamanship; or

(b)

to provide instruction in navigation and seamanship for yachtsmen,

and is operating under a statutory code;

“statutory code” means–

The Code of Practice for the Safety of Small Commercial Sailing Vessels(2);

The Code of Practice for the Safety of Small Commercial Motor Vessels(3); or

The Code of Practice for Safety of Large Commercial Sailing and Motor Vessels(4);

“trainees and apprentices” does not include persons who are training in a sail training vessel;

“United Kingdom ship” means a ship which–

(a)

is a United Kingdom ship within the meaning of section 85(2) of the Act; or

(b)

is a Government ship within the meaning of section 308(4) of the Act; or

(c)

is a hovercraft registered under the Hovercraft Act 1968(5).

“worker” means any person employed by an employer under a contract of employment, including trainees or apprentices.

(3) Subject to paragraph (2), words and expressions used in the Regulations shall have the same meaning as in Council Directive 90/269/EEC on the minimum health and safety requirements for the manual handling of loads where there is a risk particularly of back injury to workers(6).

Commencement Information

I1 Reg. 2 in force at 31.12.1998, see reg. 1(1)

(1)

S.I. 1997/2962, as amended by S.I. 1998/2411.

(2)

Published by The Stationery Office in 1993 (ISBN 0–11–551184–9).

(3)

Published by The Stationery Office in 1993 (ISBN 0–11–551185–7).

(4)

Published by The Stationery Office in 1997 (ISBN 0–11–551911–4).

(5)

1968 c. 59.

(6)

O.J. L156, 21.6.90, p.9.