The Merchant Shipping (Means of Access) Regulations 1988

Explanatory Note

(This note is not part of the Regulations)

These Regulations replace, and re-enact with amendments, the Merchant Shipping (Means of Access) Regulations 1981 as amended, which laid down requirements for the safe access to ships.

These Regulations give effect in part to the Merchant Shipping (Minimum Standards) Convention 1976 (International Labour Organisation Convention 147) (Cmnd. 7183) laid before Parliament on 24th April 1978 and ratified by the United Kingdom and which is in force internationally, and requires provisions to be made substantially equivalent to those of (amongst other Conventions) the Prevention of Accidents (Seafarers) Convention 1970 (International Labour Organisation Convention 134, Article 4) (Cmnd. 4800) which is in force but has not been ratified by the United Kingdom. The Regulations, with other provisions, will also allow ratification by the United Kingdom of the Convention, and implementation of a recommendation concerning occupational safety and health in dock work (International Labour Organisation Convention 152) (Cmnd. 8118) laid before Parliament in December 1980 and in force internationally.

Exemptions can now be granted from all the provisions of the Regulations (regulation 3); there is now a general duty on the employer and master to ensure safe means of access to a ship (regulation 4(1)); the employer and master are required to take full account of the principles and guidelines set out in the revised Chapter 8 of the Code of Safe Working Practices for Merchant Seamen set out in Merchant Shipping Notice M1343. (This Code contains much of the requirement formerly detailed in the Regulations with regard to equipment specifications and the way the equipment is to be used). There is a new regulation regarding the use of rope ladders (regulation 7(b) and (c)) and there is also an obligation on any person boarding a ship to use the access equipment provided (regulation 10). The penalties have been increased and the defences available to a person charged under the Regulations have been augmented.

Merchant Shipping Notices are obtainable from the Department of Transport Marine Library, Sunley House, Holborn, London WC1V 6LP or from any Department of Transport Marine Office. The command papers containing I.L.O. Conventions 147 and 134, Cmnd. 7163 and Cmnd. 4800, are no longer in print, but photocopies of them may be obtained through Her Majesty’s Stationery Office. Copies of I.L.O. Conventions may also be obtained from the U.K. Office of the I.L.O., 96/98 Marsham Street, London SW1P 4YL.