Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997

JurisdictionUK Non-devolved
CitationSI 1997/2962

1997 No. 2962

MERCHANT SHIPPING

The Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997

Made 13th December 1997

Laid before Parliament 17th December 1997

Coming into force 31th March 1998

Whereas the Secretary of State is a Minister designated1for the purpose of section 2(2) of the European Communities Act 19722in relation to measures relating to the safety of ships, and the health and safety of persons on them;

And whereas, in so far as the following Regulations are made in the exercise of powers conferred by section 85 of the Merchant Shipping Act 19953, the Secretary of State has in pursuance of subsection (4) of section 86 of that Act consulted persons he considers will be affected as mentioned in that subsection:

Now, therefore, the Secretary of State, in exercise of the powers conferred by the said section 2(2) of the European Communities Act 1972, and by sections 85(1)(a) and (b), (3), (5) to (7) and 86(1) of the Merchant Shipping Act 1995 and of all other powers enabling him on that behalf, hereby makes the following Regulations:

1 Part I

Part I

S-1 Citation, commencement and revocations

Citation, commencement and revocations

1.—(1) These Regulations may be cited as the Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997 and shall come into force on 31 March 1998.

(2) The following Regulations are hereby revoked—

(i)

(i) The Merchant Shipping (Safety Officials and Reporting of Accidents and Dangerous Occurrences) Regulations 19824;

(ii)

(ii) The Merchant Shipping (Safety Officials and Reporting of Accidents and Dangerous Occurrences) (Amendment) Regulations 19845;

(iii)

(iii) The Merchant Shipping (Health and Safety: General Duties) Regulations 19846;

(iv)

(iv) The Merchant Shipping (Health and Safety: General Duties) (Amendment) Regulations 19887;

(v)

(v) The Merchant Shipping (Safety Officials and Reporting of Accidents and Dangerous Occurrences) (Amendment) Regulations 19948;

S-2 Interpretation

Interpretation

2.—(1) In these Regulations, except where the context otherwise requires, any reference to—

(a)

(a) a numbered regulation is a reference to the regulation bearing that number in these Regulations; and

(b)

(b) a numbered paragraph or subparagraph is a reference to the paragraph or, as the case may be, subparagraph bearing that number in the regulation in which the reference appears.

(2) In these Regulations, except where the context otherwise requires—

“the Act” means the Merchant Shipping Act 1995;

“the 1996 Act” means the Employment Rights Act 19969;

“the Code” means the Code of Safe Working Practices for Merchant Seamen10;

“Company”, in relation to a ship to which these Regulations apply, means the owner of the ship or any other organisation or person such as the manager, or bareboat charterer, who has assumed the responsibility for operation of the ship from the owner;

“competent person” means a person who has sufficient training and experience or knowledge and other qualities, to enable him properly to undertake the duty imposed under the relevant provision in these Regulations, and in the case of a safety officer, has in addition a minimum of two years consecutive sea service since attaining the age of 18, which, in the case of a safety officer on board a tanker, shall include at least six months service in such a ship;

“contract of employment” means a contract of employment, whether express or implied, and if express, whether oral or in writing;

“elected representative” means any person elected to represent a group of workers for the purposes of consultation with the employer on health and safety matters under regulation 20;

“employer” means a person by whom a worker is employed under a contract of employment;

“given birth” means delivered a living child or, after twenty-four weeks of pregnancy, a stillborn child;

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

“master” includes the skipper of a fishing vessel;

“Merchant Shipping Notice” means a Notice described as such and issued by the Marine Safety Agency, an executive agency of the Department of the Environment, Transport and the Regions;

“new or expectant mother” means a worker who is either pregnant, or has given birth within the previous six months, or is breast-feeding;

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

“sail training vessel” means a sailing 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;

“sea-going” means operating outside Category A—D waters as defined in Merchant Shipping NoticeNo. M150411;

“trainees and apprentices” does not include persons who are training in a sail training vessel;

“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 within the meaning of section 308(4) of the Act; or

(c) is a hovercraft registered under the Hovercraft Act 196812;

“worker” means any person employed by an employer under a contract of employment, including trainees or apprentices.

(3) Subject to paragraph (2), words and expressions used in the Regulations shall have the same meaning as in Council Directive 89/391/EECof 12 June 1989 on the introduction of measures to encourage improvements in the health and safety of workers at work13.

S-3 Application

Application

3.—(1) These Regulations shall apply to all activities of workers on United Kingdom ships except when—

(a)

(a) the activity of a worker is on a public service vessel or a vessel engaged in search and rescue; and

(b)

(b) characteristics of that activity 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 the worker when performing that activity.

(2) Regulations 1, 2, 3, 28, 29 and 30 shall apply to ships other than United Kingdom ships which are in United Kingdom waters.

(3) These Regulations shall not apply to or in relation to the activities of a worker which are covered by the Management of Health and Safety at Work Regulations 199214.

2 General duties

Part II

General duties

S-4 Persons on whom duties are imposed

Persons on whom duties are imposed

4.—(1) It shall be the duty of every—

(a)

(a) employer; and

(b)

(b) any other natural or legal person upon whom a duty is imposed by these Regulations,

to comply with the provisions of these Regulations.

(2) Where a person in paragraph (1) does not have control of the matter to which the regulation relates because he does not have responsibility for the operation of the ship, then any duty imposed by that regulation shall also extend to any natural or legal person who has control of that matter.

S-5 General duties

General duties

5.—(1) The employer shall ensure the health and safety of workers and other persons so far as is reasonably practicable, which duty shall be met by the application of the following principles—

(a)

(a) the avoidance of risks, which among other things include the combating of risks at source and the replacement of dangerous practices, substances or equipment by non-dangerous or less dangerous practices, substances or equipment;

(b)

(b) the evaluation of unavoidable risks and the taking of action to reduce them;

(c)

(c) adoption of work patterns and procedures which take account of the capacity of the individual, especially in respect of the design of the workplace and the choice of work equipment, with a view in particular to alleviating monotonous work and to reducing any consequent adverse effect on workers' health and safety;

(d)

(d) adaptation of procedures to take account of new technology and other changes in working practices, equipment, the working environment and any other factors which may affect health and safety;

(e)

(e) adoption of a coherent approach to management of the vessel or undertaking, taking account of health and safety at every level of the organisation;

(f)

(f) giving collective protective measures priority over individual protective measures; and

(g)

(g) the provision of appropriate and relevant information and instruction for workers.

(2) Without prejudice to the generality of the duties under paragraph (1), the matters to which those duties extend shall include in particular—

(a)

(a) provision and maintenance of plant, machinery and equipment and systems of work that are, so far as is reasonably practicable, safe and without risk to health;

(b)

(b) arrangements for ensuring, so far as is reasonably practicable, safety and absence of risk to health in connection with the use, handling, stowage and transport of articles and substances;

(c)

(c) such arrangements as are appropriate, having regard to the nature of, and the substances used in, the activities and and size of the operation, for the effective planning, organisation, control, monitoring and review of preventive and protective measures;

(d)

(d) provision of such information, instruction, training and supervision as is necessary to ensure the health and safety of workers and that of other persons aboard ship who may be affected by their acts or omissions;

(e)

(e) maintenance of all places of work in the ship in a condition that is, so far as is reasonably practicable, safe and without risk to health;

(f)

(f) arrangements to ensure, so far as is reasonably practicable, that no person has access to any area of the ship to which it is necessary to restrict access on grounds of health and safety unless the individual...

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