The Merchant Shipping and Fishing Vessels (Lifting Operations and Lifting Equipment) Regulations 2006

PART 2 U.K. DUTIES OF EMPLOYERS

Persons on whom duties are imposed U.K.

5.  Where a person on whom a duty is imposed by any provision of these Regulations does not have control of the matter to which the provision relates because he does not have responsibility for the operation of the ship, then any duty imposed by that provision shall also extend to any person who has control of that matter.

Strength and stability U.K.

6.—(1) Every employer, in carrying out the obligations contained in this regulation, shall comply with the principles and guidance in Chapter 21 of the Code.

(2) The employer shall ensure that—

(a) lifting equipment is of adequate strength and stability for each load, having regard in particular to the stress induced at its mounting or fixing point;

(b) every part of a load that is used in lifting it, as well as anything attached to the load and used for that purpose, is of good construction, of adequate strength for the purpose for which it is to be used and free from patent defect.

(3) The employer shall ensure that any accessory for lifting is not used on a ship unless it is of good design, of sound construction and material, of adequate strength for the purpose for which it is used and free from patent defect.

(4) In selecting accessories for lifting, the employer shall take into account—

(a) the loads to be handled;

(b) the gripping points;

(c) the loose gear for attaching the load, and for attaching the accessories to the lifting equipment;

(d) the atmospheric conditions;

(e) the mode and configuration of slinging.

(5) The employer shall ensure that accessories for lifting are stored in conditions which will not lead to damage or degradation.

Lifting equipment for lifting persons U.K.

7.—(1) The employer shall ensure that, except under the conditions required by paragraph (2), no lifting equipment shall be used for lifting persons unless it is designed for the purpose.

(2) If in exceptional circumstances it is necessary to use lifting equipment, which has not been specifically designed for the purpose, to lift persons, the employer shall ensure that—

(a) the control position of the lifting equipment is manned at all times; and

(b) persons being lifted have a reliable means of communication, whether direct or indirect, with the operator of the lifting equipment.

(3) The employer shall ensure that lifting equipment which is designed for the lifting of persons is not used for that purpose unless it is so constructed, maintained and operated that a worker may use it or carry out work activities from the carrier without risk to his health and safety, and in particular—

(a) that the worker will not be crushed, trapped or struck, in particular through inadvertent contact with objects;

(b) that the lifting equipment is so designed or has suitable devices—

(i) to prevent any carrier falling or, if that cannot be prevented for reasons inherent in the site and height differences, the carrier has an enhanced safety co-efficient suspension rope or chain;

(ii) to prevent the risk of any person falling from the carrier, and

(c) that any person trapped in the carrier in the event of an incident is not thereby exposed to danger and can be freed.

(4) The employer shall ensure that any rope or chain provided under paragraph (3)(b)(i) is inspected by a competent person every working day.

Positioning and installation U.K.

8.  The employer shall ensure that permanently installed lifting equipment is not used unless it has been positioned or installed in such a way as to minimise the risk, so far as is reasonably practicable, of any of the following occurrences—

(a) the equipment or a load striking a worker;

(b) a load drifting dangerously or falling freely;

(c) a load being released unintentionally.

Marking of work equipment used for lifting U.K.

9.—(1) The employer shall ensure that—

(a) subject to sub-paragraph (b), work equipment which is or may be used for lifting is clearly marked to indicate its safe working loads;

(b) where the safe working load of work equipment which is or may be used for lifting depends on the configuration of the equipment—

(i) the work equipment is clearly marked to indicate its safe working load for each configuration of the equipment; or

(ii) information which clearly indicates its safe working load for each configuration of the work equipment is kept with the equipment;

(c) any lifting equipment which is carried on the ship and whose safe working load varies with its operating radius is fitted with an accurate indicator, clearly visible to the operator, showing the radius of the load lifting attachment at any time and the safe working load corresponding to that radius;

(d) lifting equipment which is designed for lifting persons is appropriately and clearly marked;

(e) lifting equipment which is not designed for lifting persons but which may be so used in error is appropriately and clearly marked to the effect that it is not designed for lifting persons.

(2) The employer shall ensure that each accessory for lifting is clearly and legibly marked with its safe working load or is otherwise marked in such a way that it is possible for any user to identify the characteristics necessary for its safe use including, where appropriate, its safe working load.

(3) The employer shall ensure that each accessory for lifting which weighs a significant proportion of the safe working load of any lifting equipment with which it is intended to be used is, in addition to the requirement in paragraph (2), clearly marked with its own weight.

Organisation of lifting operations U.K.

10.—(1) The employer shall ensure that every lifting operation involving lifting equipment is—

(a) properly planned;

(b) appropriately supervised;

(c) carried out in a safe manner.

(2) The employer shall ensure that no lifting operation is begun using equipment which is mobile or can be dismantled unless he is satisfied that the lifting equipment will remain stable during use under all foreseeable conditions and taking account of the nature of the surface on which it stands.

(3) The employer shall ensure that adequate and effective procedures and safety measures are established to secure the safety of workers during lifting operations, in particular—

(a) that where two or more pieces of work equipment are used for lifting non-guided loads in such a way that their working radii could overlap, they shall include measures for the avoidance of collision between the loads, the work equipment, or of one with the other;

(b) that where two or more pieces of work equipment for lifting non-guided loads are used simultaneously to lift a single load, there is adequate and effective coordination between the respective operators of the equipment;

(c) where the lifting equipment cannot maintain its hold on the load in the event of a complete or partial power failure;

(d) so that, so far as is reasonably practicable, loads are not carried or suspended over areas occupied by workers, and where this is not reasonably practicable, a safe system of work is established, including adequate surveillance, to minimise the risks to workers who may need to be below the load;

(e) if the operator of lifting equipment cannot observe the full path of the load, either directly or by means of auxiliary devices, a responsible person has appropriate means of communication to guide the operation;

(f) that work is organised in such a way that when a worker is attaching or detaching a load by hand, the operation can be carried out safely, in particular through the worker retaining direct or indirect control of the work equipment;

(g) measures are taken to prevent the load striking anything or any person;

(h) that lifting operations are halted where meteorological conditions deteriorate to the point that they could affect the safe use of the lifting equipment or expose persons to danger;

and that such lifting operations are not carried out unless the procedures and safety measures are applied.

(4) In this regulation “lifting operation” means an operation concerned with the lifting or lowering of a load.

Testing U.K.

11.—(1) The employer shall ensure that no lifting equipment, accessory for lifting or loose gear is used—

(a) after manufacture or installation, or

(b) after any repair or modification which is likely to alter the safe working load or affect the strength or stability of the equipment,

without being first suitably tested by a competent person.

(2) The employer shall ensure that the ship's lifting equipment is not used unless it has been suitably tested by a competent person within the preceding five years.

(3) Upon the completion of every test of lifting equipment, accessory for lifting or item of loose gear carried out in accordance with this regulation, the equipment, accessory or gear shall be thoroughly examined and certified for use by the person carrying out the test.

Thorough examination and inspection U.K.

12.—(1) The employer shall ensure that, where the safety of lifting equipment depends on the installation conditions, it is inspected by a competent person—

(a) after installation and before being put into service for the first time; or

(b) after assembly at a new site or in a new location,

to ensure that it has been installed correctly, in accordance with any manufacturer's instructions, and is both safe to operate and capable of operating safely.

(2) Subject to paragraph (7), the employer shall ensure that where lifting equipment or an accessory for lifting is exposed to conditions causing deterioration which is liable to result in dangerous situations, it is

(a) thoroughly examined—

(i) in the case of lifting equipment for lifting persons or an accessory for lifting, at least every 6 months;

(ii) in the case of other lifting equipment, at least every 12 months; or

(iii) in either case, in accordance with an examination scheme; and

(iv) whenever exceptional circumstances which are liable to jeopardise the safety of the lifting equipment have occurred; and

(b) if appropriate, inspected by a competent person at suitable intervals,

to ensure that health and safety conditions are maintained and that any deterioration can be detected and remedied in good time.

(3) In paragraph (2)(a)(iii), “examination scheme” means a suitable scheme drawn up by a competent person for such thorough examinations of lifting equipment at such intervals as may be appropriate for the purposes described in paragraphs (1) and (2).

(4) In paragraph (2)(a)(iv), “exceptional circumstances” shall include modification work, accidents, natural phenomena and prolonged periods of inactivity.

(5) The employer shall ensure that no lifting equipment—

(a) is used outside the ship, or

(b) if obtained from outside the ship, is used on the ship,

unless it is accompanied by physical evidence that the last thorough examination required to be carried out under this regulation has been carried out.

(6) The employer shall not permit the use of any accessories for lifting, other than those which are subject to paragraph (2)(a), unless they have been thoroughly examined within the 12 months immediately prior to such use.

(7) Where lifting equipment was before the coming into force of these Regulations thoroughly examined or required to be so examined in accordance with regulation 8 of the Merchant Shipping (Hatches and Lifting Plant) Regulations 1988, the first thorough examination under paragraph (2) shall be made no later than the date by which a thorough examination would have been required or next required, as the case may be, by that regulation had it remained in force.

(8) In relation to an inspection under this regulation, “inspection”—

(a) means such visual or more rigorous inspection by a competent person as is appropriate for the purpose described;

(b) where it is appropriate to carry out testing for the purpose, includes testing the nature and extent of which are appropriate for the purpose.

(9) In paragraph (5) “used outside the ship” means both—

(a) used on the quayside, dock or jetty or on board another ship; and

(b) operated by workers who are employed by another person.

Certificates U.K.

13.—(1) The employer shall ensure that—

(a) a certificate in the form set out in the Code shall, in the case of a United Kingdom ship, be obtained within 28 days following any test and thorough examination under regulation 11; or

(b) in the case of a ship other than a United Kingdom ship, a certificate in a form approved by the maritime authority for the State where the ship is registered is carried on board the ship in relation to any test and thorough examination equivalent to that envisaged by regulation 11.

(2) A certificate given in pursuance of this regulation shall be in writing and shall specify the date on which it takes effect and any conditions on which it is given.

Reports and defects U.K.

14.—(1) The employer and any person from whom the equipment has been hired or leased, shall as soon as practicable after a thorough examination has been carried out in accordance with regulation 12(2) obtain a report from the person making that examination.

(2) The person making a thorough examination under regulation 12(2) or within regulation 12(6) shall—

(a) notify the employer, or other person who has control of the matter, forthwith of any deficiency in the lifting equipment which in his opinion is or could become a danger to persons;

(b) as soon as is practicable make a report, conforming with the requirements of paragraph (3), of the thorough examination to—

(i) the employer; and

(ii) any person from whom the equipment has been hired or leased;

(c) where there is in his opinion a deficiency in the lifting equipment involving an existing or imminent risk of serious personal injury, send a copy of the report as soon as is practicable to the relevant enforcing authority.

(3) The report made under paragraph (2) shall be in writing and authenticated by the person making the thorough examination or on his behalf by signature or equally secure means and contained in a certificate which sets out the matters mentioned in Marine Guidance Note 332.

(4) A person making an inspection for an employer under paragraph (1) or (2)(b) of regulation 12 shall—

(a) notify the employer, or other person who has control of the matter, forthwith of any deficiency in the lifting equipment which in his opinion is or could become a danger to persons; and

(b) as soon as is practicable make a record of the inspection in writing.

(5) Where the employer, or other person who has control of the matter, has been notified of any deficiency under paragraph (2) or (4), he shall ensure that—

(a) any condition liable to result in a dangerous situation is remedied in good time, and

(b) in the case of a deficiency to which paragraph (2)(c) applies, lifting equipment is not used unless and until the deficiency is rectified.

(6) In this regulation “relevant enforcing authority” means such of the following as are applicable—

(a) where the defective equipment has been hired or leased by the employer in Great Britain, the Health and Safety Executive;

(b) where the defective equipment has been hired or leased by the employer in Northern Ireland, the Health and Safety Executive for Northern Ireland;

(c) where the defective equipment is installed or used on a United Kingdom ship, the Maritime and Coastguard Agency;

(d) where the defective equipment is installed or used on any ship other than a United Kingdom ship, the maritime authority of the State in which the ship is registered;

(e) otherwise the enforcing authority for the premises in which the defective equipment was thoroughly examined.

Keeping of information U.K.

15.—(1) The employer shall ensure that any certificate or report of a test or thorough examination issued under these Regulations is kept in a safe place on board ship for a period of at least 2 years following receipt of the certificate or report of the next following test or thorough examination of the lifting equipment, accessory for lifting or loose gear, as the case may be.

(2) Notwithstanding the requirements of paragraph (1), the employer shall ensure that the information contained in—

(a) every report made under regulation 14(2) or record made under regulation 14(4) is kept available for inspection until the next such report or record is made;

(b) every report made to him under regulation 14(2) is kept available for inspection—

(i) in the case of a thorough examination of lifting equipment, until he ceases to use the lifting equipment;

(ii) in the case of a thorough examination of an accessory for lifting within regulation 12(6), for two years after the report is made;

(iii) in the case of a thorough examination under regulation 12(2), for two years after receipt of that report, or until the next report is made under that regulation, whichever is later.

(c) every record made in respect of an inspection carried out under regulation 12(1) is kept available for inspection until he ceases to use the lifting equipment at the place it was installed or assembled.