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

PART 1 U.K. GENERAL

Citation, commencement and revocation U.K.

1.—(1) These Regulations may be cited as the Merchant Shipping and Fishing Vessels (Provision and Use of Work Equipment) Regulations 2006 and shall come into force on 24th November 2006.

(2) The following provisions are hereby revoked—

(a) the Merchant Shipping (Guarding of Machinery and Safety of Electrical Equipment) Regulations 1988 F1 ;

(b) regulation 10 of the Merchant Shipping (Safe Movement on Board Ship) Regulations 1988 F2 ;

(c) regulation 2 of the Merchant Shipping (Safety at Work Regulations)(Non-UK Ships) Regulations 1988 F3 .

Textual Amendments

F1 S.I. 1988/1636.

F2 S.I. 1988/1641.

F3 S.I. 1988/2274.

Interpretation U.K.

2.—(1) In these Regulations—

“the Act” means the Merchant Shipping Act 1995;

“CE marking” means a marking signifying compliance with the basic requirements of design and manufacture of, and the specifications and test methods applicable to, a piece of work equipment which have been adopted by the appropriate authorities in the European Economic Area;

“competent person” means a person possessing the knowledge or experience necessary for the performance of the duties under these Regulations;

“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 and (except in regulation 4(4) and (5)) includes a self-employed person to whom the requirements imposed by these Regulations apply by virtue of regulation 4(5);

“fishing vessel” means a vessel for the time being used for, or in connection with, fishing for sea fish other than a vessel used for fishing otherwise than for profit; and for the purposes of this definition “sea fish” includes shellfish, salmon and migratory trout (as defined by section 44 of the Fisheries Act 1981 F4 );

“Government ship” has the meaning given in section 308(4) of the Act;

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

“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 paragraph (a), (b) or (c) of section 258(1) of the Act;

“ship” includes hovercraft;

“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; or

(c)

is a hovercraft registered under the Hovercraft Act 1968 F5 ;

“United Kingdom waters” means the sea or other waters within the seaward limits of the territorial sea of the United Kingdom;

“use” in relation to work equipment, means any activity involving work equipment and includes starting, stopping, programming, setting, transporting, repairing, modifying, maintaining and servicing, including cleaning;

“work equipment” means any machinery, appliance, apparatus, tool or installation for use at work (whether exclusively or not).

(2) Subject to paragraph (1), words and expressions used in these Regulations shall have the same meaning as in Council Directive 89/655/EEC F6 , as amended by Council Directive 95/63/EC F7 , concerning the minimum health and safety requirements for the use of work equipment by workers at work.

Textual Amendments

F4 1981 c.29.

F5 1968 c.59. S.I.1989/1350, as amended by S.I. 1990/2594, applies various merchant shipping enactments to hovercraft, with modifications.

F6 O.J. L393, 30.12.89, p.13.

F7 O.J. L335, 30.12.95, p.28.

Meaning of “worker” U.K.

3.—(1) In these Regulations “ worker” means any person employed under a contract of employment, including a trainee or apprentice other than a person who is training in 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 which is operating under a relevant code.

(2) In this regulation “relevant code” means—

(a) the Large Commercial Yacht Code as set out in Merchant Shipping Notice No. 1792(M), issued by the Maritime and Coastguard Agency, an executive agency of the Department for Transport;

(b) the Code of Practice for the Safety of Small Commercial Sailing Vessels F8 ;

(c) the Code of Practice for the Safety of Small Commercial Motor Vessels F9 ; or

(d) the Code of Practice for the Safety of Small Vessels in Commercial Use for Sport or Pleasure Operating from a Nominated Departure Point F10 .

(3) In paragraph (2) each reference to a Code includes a reference to any document containing an amendment or replacement of that Code which is considered by the Secretary of State to be relevant from time to time.

Textual Amendments

F8 Published by the Stationery Office in 1993 (ISBN 0-11-551184-9).

F9 Published by the Stationery Office in 1993 (ISBN 0-11-551185-7).

F10 Published by the Stationery Office in 1999 (ISBN 0-11-551812-6).

Application U.K.

4.—(1) These Regulations shall apply to the use of work equipment by a worker or by the person mentioned in paragraph (6) on United Kingdom ships except when—

(a) the use of work equipment by a worker is on a public service vessel or a vessel engaged in search and rescue; and

(b) characteristics of that use of work equipment inevitably conflict with a provision of these Regulations,

and in such a case there shall be a duty on the employer so far as is reasonably practicable to ensure the health and safety of workers when using that work equipment.

(2) Regulations 4(1), (4) to (6), 13, 14, 24 and 39 to 41 apply in relation to ships other than United Kingdom ships when they are in United Kingdom waters.

(3) Regulation 8(5)(b) shall not apply in relation to a Government ship unless it is commercially managed, and for these purposes “commercially managed” means the management of which is entrusted by the owner to some other person pursuant to a contract.

(4) The duties imposed by these Regulations on an employer in respect of work equipment shall apply in relation to such equipment provided for use or used by a worker who is an employee of his.

(5) The duties imposed by these Regulations on an employer shall also apply to a self-employed person in respect of work equipment on a ship, which he—

(a) provides for use and uses himself, or

(b) provides for use by another person (whether self-employed or not).

(6) In respect of his own use of work equipment on a ship, whether provided by him or not, a self-employed person shall be treated as a worker and shall ensure that the requirements of these Regulations in relation to a worker are met.

(7) These Regulations shall not apply in relation to the activities of a worker which are covered by the Provision and Use of Work Equipment Regulations 1998 F11 or the Provision and Use of Work Equipment (Northern Ireland) Regulations 1999 F12 .

(8) The provisions of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997 F13 shall continue to apply, but without prejudice to any more stringent or specific provisions contained in these Regulations.

Textual Amendments

F11 S.I. 1998/2306, amended by S.I. 2002/2174.

F12 S.R. 1999 No.305.

F13 S.I. 1997/2962, amended by S.I. 1998/2411 and S.I. 2001/54.