The Merchant Shipping and Fishing Vessels (Provision and Use of Work Equipment) Regulations 2006

Explanatory Note

(This note is not part of the Regulations)

These Regulations impose health and safety requirements with respect to the provision and use of work equipment on merchant ships and fishing vessels. In doing so they implement in respect of these vessels Council Directive 89/655/EEC (O.J. L393, 30.12.89, p.13) as amended by Council Directive 95/63/EC (O.J. L335, 30.12.95, p.28) concerning the minimum safety and health requirements for the use of work equipment by workers at work (second individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC).

In addition, for purposes of consolidation and simplification, the Regulations revoke and replace the following:

• The Merchant Shipping (Guarding of Machinery and Safety of Electrical Equipment) Regulations 1988 (S.I. 1988/1636) in their entirety;

• regulation 10 of the Merchant Shipping (Safe Movement on Board Ships) Regulations 1988 (S.I. 1988/1641); and

• regulation 2 of the Merchant Shipping (Safety at Work) (Non-UK Ships) Regulations 1988 (S.I. 1988/2274),

all of which gave effect in part to the Merchant Shipping (Minimum Standards) Convention 1976 (International Labour Organization Convention 147) (Cmnd. 7183).

The terms used in the Regulations are defined in regulations 2 and 3 and the circumstances in which the Regulations apply are set out in regulation 4. This regulation creates a minor exemption from regulation 8(5)(b) in relation to non-commercially managed government ships, as well as placing certain duties (not required by the Directives) upon self-employed persons.

Regulation 5 extends the duties imposed by these Regulations to any person having control of a matter, e.g. by reason of having responsibility for operation of the ship.

Regulation 6 imposes requirements as to the suitability of work equipment.

Regulation 7 requires work equipment to be maintained in an efficient state and in good repair.

Regulation 8 deals with the inspection of work equipment where its safety depends on the installation conditions and regulation 9 deals with the use of work equipment which involves a specific risk to health or safety.

Regulations 10 and 11 make provision for information and instructions and training in the use of work equipment.

Work equipment must be designed and constructed in accordance with specified requirements (regulation 12).

Provision is made for dangerous parts of ship's work equipment to have guards or protection devices (regulation 13) and for protection against electrical hazards (regulation 14).

Workers must be protected against specified hazards (regulation 15) and from injury as a consequence of high or very low temperatures (regulation 16).

Regulations 17 to 21 make provision for controls in relation to mobile work equipment.

The Regulations also make provision for:- isolation of work equipment from sources of energy (regulation 22); stability of work equipment (regulation 23); lighting (regulation 24); maintenance operations (regulation 25); markings (regulation 26); and warnings (regulation 27).

Regulations 28 to 33 make provision in relation to mobile work equipment.

Regulation 34 requires workers to comply with any instruction or training provided under the Regulations.

Regulations 35 to 41 concern penalties, offences, inspections and detentions as well as compensation.

These Regulations are made under the powers in the Merchant Shipping Act 1995 except in respect of their application to Government ships where the power is provided by section 2(2) of the European Communities Act 1972.

A Regulatory Impact Assessment and a Transposition Note have been prepared and a copy of each has been placed in the Library of each House of Parliament. Copies can be obtained from the Maritime and Coastguard Agency, Spring Place, 105 Commercial Road, Southampton, SO15 1EG (telephone number 02380 329100).

Merchant Shipping Notices can be obtained from Mail Marketing (Scotland), Unit 6, Bloomsgrove Industrial Estate, Norton Street, Nottingham, NG7 3JG (telephone [phone]; fax [phone]; e-mail orders: [e-mail]). They may also be accessed via the Maritime and Coastguard Agency's website http://www.mcga.gov.uk.

International Labour Organization Conventions are published by the International Labour Office and copies may be obtained from ILO Publications, International Labour Office, CH-1211 Geneva 22, Switzerland.