The Merchant Shipping and Fishing Vessels (Personal Protective Equipment) Regulations 1999

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which revoke the Merchant Shipping (Protective Clothing and Equipment) Regulations 1985 (SI 1985/1664), give effect with respect to activities on United Kingdom ships to Council Directive 89/656/EEC on the minimum health and safety requirements for the use by workers of personal protective equipment in the workplace (O.J. L393, 30.12.89, p. 18), and with respect to activities on non-United Kingdom ships which are in United Kingdom waters to The Merchant Shipping (Minimum Standards) Convention 1976 (International Labour Organisation Convention 147) (Cmnd 7183).

The Regulations apply to all United Kingdom ships (regulation 3(1)), and ships which are not United Kingdom ships when in United Kingdom waters are subject to regulations covering inspection and detention (regulations 3(2) and 15–17). The Regulations do not apply if the Personal Protective Equipment at Work Regulations 1992 (S.I. 1992/2966) or the Personal Protective Equipment at Work Regulations (Northern Ireland) 1993 (S.R. 1993/20) cover the matter (regulation 3(3)).

The general rule is that personal protective equipment as defined (regulation 2(2)) shall be used when risks cannot be avoided or reduced (regulation 5) and an obligation is placed on the employer to ensure that suitable personal protective equipment is provided free of charge (unless the equipment is not exclusive to the work place) (regulation 6). Before providing the personal protective equipment the employer should ensure that an assessment is carried out to identify the characteristics required of personal protective equipment (regulation 7).

The employer is required to ensure that:

• personal protective equipment is either given to the worker for individual use (regulation 8(1)) or adjustable to fit all sizes, easily accessible and kept in a hygienic condition (regulation 8(2));

• instructions for use and maintenance of the personal protective equipment are available and comprehensible (regulation 8(3));

• personal protective equipment is properly stored, maintained and inspected (regulation 8(4));

• workers are provided with training and instruction as regards the use and maintenance of the personal protective equipment (regulation 9); and to take reasonably practicable steps to ensure the personal protective equipment is used as instructed (regulation 10(1)).

The worker is required to use personal protective equipment provided by the employer and follow any training and instruction provided to him (regulation 10(2)).

Contravention of each separate duty provided for in these Regulations is a criminal offence with a maximum penalty of £5000 in the case of a duty imposed on the employer and with a maximum penalty of £500 in the case of a duty imposed on the worker (regulation 11).

Provision is made for corporate and partnership offences (regulation 12) and the burden of showing that compliance with a duty in these Regulations was not reasonably practicable is on the defendant (regulation 13).

Inspection and detention of United Kingdom and non-United Kingdom ships are separately provided for (regulations 14 and 15), and sections in the Merchant Shipping Act 1995 dealing with arbitration and compensation are applied (regulation 17).

These regulations are made under powers contained in the Merchant Shipping Act 1995, except in respect of their application to Government ships.