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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Merchant Shipping and Fishing Vessels (Provision and Use of Work Equipment) Regulations 2006 No. 2183 URL: http://www.bailii.org/uk/legis/num_reg/2006/20062183.html |
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Made | 8th August 2006 | ||
Laid before Parliament | 15th August 2006 | ||
Coming into force | 24th November 2006 |
1. | Citation, commencement and revocation |
2. | Interpretation |
3. | Meaning of "worker" |
4. | Application |
5. | Persons on whom duties are imposed |
6. | Suitability of work equipment |
7. | Maintenance |
8. | Inspection |
9. | Specific risks |
10. | Information and instructions |
11. | Training |
12. | Conformity with Community requirements |
13. | Dangerous parts of work equipment |
14. | Electrical equipment |
15. | Protection against specified hazards |
16. | High or very low temperature |
17. | Controls for starting or making a significant change in operating conditions |
18. | Stop controls |
19. | Emergency stop controls |
20. | Controls |
21. | Control systems |
22. | Isolation from sources of energy |
23. | Stability of work equipment |
24. | Lighting |
25. | Maintenance operations |
26. | Markings |
27. | Warnings |
28. | Workers carried on mobile work equipment |
29. | Overturning of fork-lift trucks |
30. | Use of mobile work equipment |
31. | Self-propelled work equipment |
32. | Remote-controlled self-propelled work equipment |
33. | Drive units and power take-off shafts |
34. | Duty of workers |
35. | Penalties |
36. | Offences by bodies corporate and partnerships |
37. | Onus of proving what is reasonably practicable |
38. | Inspection and detention of a United Kingdom ship |
39. | Inspection and other measures in respect of ships registered outside the United Kingdom |
40. | Enforcement of detention |
41. | Compensation |
SCHEDULE— | INSTRUMENTS WHICH GIVE EFFECT TO COMMUNITY DIRECTIVES CONCERNING THE SAFETY OF PRODUCTS |
Interpretation
2.
—(1) In these Regulations—
(2) Subject to paragraph (1), words and expressions used in these Regulations shall have the same meaning as in Council Directive 89/655/EEC[9], as amended by Council Directive 95/63/EC[10], concerning the minimum health and safety requirements for the use of work equipment by workers at work.
Meaning of "worker"
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—
and which is operating under a relevant code.
(2) In this regulation "relevant code" means—
(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.
Application
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—
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—
(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[14] or the Provision and Use of Work Equipment (Northern Ireland) Regulations 1999[15].
(8) The provisions of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997[16] shall continue to apply, but without prejudice to any more stringent or specific provisions contained in these Regulations.
(2) In selecting work equipment, every employer shall have regard to the working conditions and characteristics and to the risks to the health and safety of workers which exist in the particular ship where that equipment is to be used and any additional risk posed by the use of that work equipment.
(3) The employer shall ensure that work equipment is used only for operations, and under conditions, for which it is suitable.
(4) In this regulation "suitable" means suitable in any respect which it is reasonably foreseeable will affect the health and safety of any worker.
(5) In this regulation, the duty to ensure work equipment can be used without impairment to health or safety includes ensuring that the working posture and position are consistent with ergonomic principles.
Maintenance
7.
—(1) The employer shall ensure that work equipment is maintained in an efficient state, in efficient working order and in good repair.
(2) The employer shall ensure that where any machinery has a maintenance log, the log is kept up to date.
Inspection
8.
—(1) The employer shall ensure that, where the safety of work equipment depends on the installation conditions, it is inspected by a competent person—
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) The employer shall ensure that work equipment exposed to conditions causing deterioration which is liable to result in dangerous situations is inspected by a competent person—
to ensure that health and safety conditions are maintained and that any deterioration can be detected and remedied in good time.
(3) In sub-paragraph (2)(b), "exceptional circumstances" shall include modification work, accidents, natural phenomena and prolonged periods of inactivity.
(4) The employer shall ensure that the result of an inspection made under this regulation is recorded, retained and readily available for inspection until the next inspection has been made and recorded.
(5) The employer shall ensure that no work equipment—
unless it is accompanied by physical evidence that the last inspection required to be carried out under this regulation has been carried out.
(6) In paragraph (5) "used outside the ship" means both—
(7) This regulation does not apply to work equipment used for lifting loads, including persons.
(8) In relation to an inspection under this regulation, "inspection"—
Specific risks
9.
—(1) Where the use of work equipment is likely to involve a specific risk to health or safety, the employer shall ensure that—
(2) The employer shall ensure that the persons designated for the purposes of sub-paragraph (b) of paragraph (1) have received adequate training related to any operations in respect of which they have been so designated.
Information and instructions
10.
—(1) The employer shall ensure that all workers who use work equipment have available to them adequate health and safety information and, where appropriate, written instructions pertaining to the use of that work equipment.
(2) For the purposes of paragraph (1) the employer shall ensure that any person who supervises or manages the use of work equipment is provided with adequate health and safety information and, where appropriate, written instructions pertaining to the use of that work equipment.
(3) Without prejudice to the generality of paragraphs (1) and (2), the information and instructions required by either of those paragraphs shall include information and, where appropriate, written instructions on—
(4) The employer shall ensure that every worker is made aware of—
(5) Information and instructions required by this regulation shall be readily available and comprehensible to a worker who is, or may be, about to use the work equipment and to any worker supervising or managing him.
Training
11.
—(1) The employer shall ensure—
(2) For the purposes of paragraph (1) the employer shall ensure that any person who supervises or manages the use of work equipment has received adequate training for purposes of health and safety, including training in the methods which may be adopted when using the work equipment, the risks which such use may entail and precautions to be taken and, where applicable, training specific to a function referred to in regulation 9(1)(b).
Conformity with Community requirements
12.
—(1) The employer shall ensure that an item of work equipment conforms at all times with any essential requirements, other than requirements which, at the time of its being first supplied or put into service on a ship to which these Regulations apply, did not apply to work equipment of its type.
(2) In this regulation "essential requirements", in relation to an item of work equipment, means requirements relating to the design and construction of work equipment of its type in any of the instruments listed in the Schedule (being instruments which give effect to Community directives concerning the safety of products).
(3) Work equipment which carries a CE marking shall be taken to comply with the provisions of a Community directive, provided that the CE marking is relevant for the purpose for which the equipment is to be used.
(4) In paragraph (3), reference to a CE marking shall include the marking for an alternative standard which provides, in use, equivalent levels of safety, suitability and fitness for purpose.
Dangerous parts of work equipment
13.
—(1) The employer shall ensure that every dangerous part of the ship's work equipment is provided with guards or protection devices to prevent access to danger zones or to halt movements of dangerous parts before the danger zones are reached.
(2) The employer shall ensure that all guards and protection devices provided in pursuance of these Regulations—
(3) In this regulation, "danger zone" means a zone within or around work equipment in which the presence, whether in whole or in part, of any worker would expose him to a risk to his health or safety.
Electrical equipment
14.
The employer shall ensure that all ship's electrical equipment and installations are so constructed, installed, operated and maintained that the ship and all workers are protected against electrical hazards.
Protection against specified hazards
15.
—(1) Where a worker using work equipment is exposed to one or more of the hazards specified in paragraph (2), the employer shall ensure that any risk to his health and safety is either prevented by the provision of the appropriate work equipment or protective devices, or, where that is not reasonably practicable, adequately controlled by any appropriate means.
(2) The hazards referred to in paragraph (1) are—
(3) For the purposes of this regulation "adequately" means adequately having regard only to the nature of the hazard and the nature and degree of exposure to the risk.
High or very low temperature
16.
The employer shall ensure that work equipment, parts of work equipment and any article or substance produced, used or stored in work equipment which, in each case, is at a high or very low temperature shall have protection where appropriate so as to prevent injury to any worker.
Controls for starting or making a significant change in operating conditions
17.
—(1) The employer shall ensure that, where appropriate, work equipment is provided with one or more controls for the purpose of—
(2) Subject to paragraph (3), the employer shall ensure that, where a control is required by paragraph (1), it shall not be possible to perform any operation mentioned in sub-paragraph (a) or (b) of that paragraph, except by deliberate action on such control.
(3) Paragraph (1) shall not apply to re-starting or changing operating conditions as a result of the normal operating cycle of an automatic device.
Stop controls
18.
—(1) The employer shall ensure that, where appropriate, work equipment is provided with one or more readily accessible controls the operation of which will bring the work equipment to a safe condition in a safe manner.
(2) The requirement in paragraph (1) shall include the provision of controls which are capable of bringing the work equipment to a complete stop as well as switching off all sources of energy to, and from, the work equipment.
(3) Any control required by paragraph (1) shall operate in priority to any control which starts or changes the operating conditions of the work equipment.
Emergency stop controls
19.
—(1) The employer shall ensure that, where appropriate, work equipment is provided with one or more readily accessible emergency stop controls.
(2) Any control required by paragraph (1) shall operate in priority to any control required by regulation 18(1).
Controls
20.
—(1) The employer shall ensure that all controls for work equipment are clearly visible and identifiable, including by appropriate marking where necessary.
(2) Except where necessary, the employer shall ensure that no control for work equipment is in a position where any worker operating the control is exposed to a risk to his health or safety, including any risk as a result of unintentional operation.
(3) The employer shall, so far as is reasonably practicable, ensure that the user of any controls for work equipment can ensure from the position of those controls that no other worker would be exposed to any risk to health or safety as a result of the starting up or use of that work equipment.
(4) If compliance with the requirement in paragraph (3) is not reasonably practicable, the employer shall ensure that the systems of work are such that no worker is in a place where he would be exposed to any risk to his health or safety as a result of the starting up or use of the work equipment.
(5) The system of work referred to in paragraph (4) may include an audible, visible or other suitable warning device required under regulation 27, which device shall enable all workers affected, or likely to be affected, to know that use of the work equipment is about to start.
(6) The employer shall take appropriate measures to ensure that any worker who is in a place where he would be exposed to a risk to his health or safety as a result of the starting or stopping of work equipment has sufficient time and suitable means to avoid that risk.
Control systems
21.
—(1) The employer shall ensure that all control systems of work equipment are safe, taking into account any risks to health or safety which might result from damage to, or breakdown of, the control system.
(2) Without prejudice to the generality of paragraph (1), a control system is not safe unless—
Isolation from sources of energy
22.
—(1) The employer shall ensure that, where appropriate, work equipment is provided with suitable means to isolate it from all its sources of energy.
(2) Without prejudice to the generality of paragraph (1), the means mentioned in that paragraph shall not be suitable unless they are clearly identifiable and readily accessible.
(3) The employer shall take appropriate measures to ensure that re-connection of any energy source to work equipment does not expose any worker using the work equipment to any risk to his health or safety.
Stability of work equipment
23.
The employer shall ensure that work equipment or any part of work equipment is stabilised by clamping or by some other means where necessary for purposes of health and safety.
Lighting
24.
The employer shall ensure that suitable and sufficient lighting, which takes account of the operations to be carried out, is provided at any place where a worker uses work equipment.
Maintenance operations
25.
The employer shall take appropriate measures to ensure that—
Markings
26.
The employer shall ensure that work equipment is marked in a clearly visible manner with any marking appropriate for reasons of health and safety.
Warnings
27.
—(1) The employer shall ensure that work equipment incorporates any warnings or warning devices which are appropriate for reasons of health and safety.
(2) Without prejudice to the generality of paragraph (1), warnings given by warning devices on work equipment shall not be appropriate unless they are unambiguous, easily perceived and easily understood.
(2) The employer shall ensure that mobile work equipment which is used to carry any worker is designed to restrict, under the actual conditions of use, the risks arising from the work equipment rolling over.
(3) The design features to restrict the risks referred to in paragraph (2) shall include—
(4) Where there would otherwise be a risk of any worker being carried by mobile work equipment being crushed by its rolling over, the employer shall ensure that it has a restraining system for him.
(5) This regulation shall not apply to a fork-lift truck having a structure described in paragraph (3)(b) or (c).
Overturning of fork-lift trucks
29.
The employer shall ensure that a fork-lift truck to which regulation 28(5) refers which carries a worker is adapted or equipped to minimise the risk to safety from its overturning.
Use of mobile work equipment
30.
—(1) The employer shall ensure that—
(2) The employer shall ensure that workers are carried on mechanically driven mobile work equipment only where safe facilities are provided for this purpose.
(3) Where workers are required to work while being carried on mechanically driven mobile work equipment, the employer shall ensure that the speed of the work equipment is adjusted as necessary for the safety of the workers.
(4) The employer shall ensure that mobile work equipment with a combustion engine is not used in working areas, unless sufficient quantities of air can be guaranteed, such that the operation of the combustion engine presents no risk to the health or safety of workers.
Self-propelled work equipment
31.
The employer shall ensure that, where self-propelled work equipment involves a risk to the safety of workers and others while in motion—
(g) if it or anything carried or towed by it involves a risk from fire and is liable to injure workers, it carries appropriate fire-fighting appliances, unless such appliances are kept sufficiently close to it.
Remote-controlled self-propelled work equipment
32.
The employer shall ensure that, where remote-controlled self-propelled work equipment involves a risk to the safety of workers while in motion—
Drive units and power take-off shafts
33.
—(1) Where the seizure of the drive shaft between mobile work equipment and its accessories or anything towed might create a specific risk, the employer shall—
(2) The employer shall ensure that, where necessary to prevent the drive shaft becoming soiled or damaged by trailing on the ground, a means is provided for safeguarding the shaft.
(3) In paragraph (2) "drive shaft" means the drive shaft for the transmission of energy between mobile items of work equipment.
when the ship has called at a United Kingdom port in the normal course of business or for operational reasons.
(2) If either of the measures specified in paragraph (1)(b) is taken, the relevant inspector shall forthwith notify the nearest maritime, consular or diplomatic representative of the State whose flag the ship is entitled to fly.
(3) The relevant inspector shall not in the exercise of his powers under this regulation detain the ship unreasonably.
Enforcement of detention
40.
Where a ship is liable to be detained under these Regulations, section 284 (1) to (5) and (8)[17] of the Act (which relates to the detention of a ship) shall apply as if for the words "this Act", wherever they appear, there were substituted "the Merchant Shipping and Fishing Vessels (Provision and Use of Work Equipment) Regulations 2006".
Compensation
41.
Sections 96 and 97 of the Act (arbitration and compensation) shall apply in relation to a detention notice or order under these Regulations as they apply to a detention notice under section 95(3) of the Act, and in such application, "relevant inspector" means a person making an inspection under these Regulations.
Signed by authority of the Secretary of State for Transport
S J Ladyman
Minister of State Department for Transport
8th August 2006
(1) Title |
(2) Reference |
The Electro-medical Equipment (EEC Requirements) Regulations 1988 | S.I. 1988/1586, amended by S.I. 1994/3017 and section 1(2)(a) of the Employment Rights (Dispute Resolution) Act 1998 (c.8) |
The Low Voltage Electrical Equipment (Safety) Regulations 1989 | S.I. 1989/728, amended by S.I. 1994/3260 |
The Construction Products Regulations 1991 | S.I. 1991/1620, amended by S.I. 1994/3051 and section 1(2)(a) of the Employment Rights (Dispute Resolution) Act 1998 (c.8) |
The Simple Pressure Vessels (Safety) Regulations 1991 | S.I. 1991/2749, amended by S.I. 1994/3098 and S.I. 2003/1400 |
The Supply of Machinery (Safety) Regulations 1992 |
S.I. 1992/3073, amended by S.I. 1994/2063, S.I. 2004/693 and S.I. 2005/831 |
The Electrical Equipment (Safety) Regulations 1994 | S.I. 1994/3260, amended by section 1(2)(a) of the Employment Rights (Dispute Resolution) Act 1998 (c.8) and S.I. 2000/730 |
The Gas Appliances (Safety) Regulations 1995 | S.I. 1995/1629 |
The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 1996 |
S.I. 1996/192, amended by S.I. 1998/81, S.I. 2001/3766 and S.I. 2005/830. |
The Lifts Regulations 1997 |
S.I. 1997/831 amended by S.I. 2004/693 and S.I. 2005/831 |
The Merchant Shipping (Marine Equipment) Regulations 1999 |
S.I. 1999/1957, amended by S.I. 2001/1638, S.I. 2004/302 and S.I. 2004/1266 |
The Pressure Equipment Regulations 1999 | S.I. 1999/2001, amended by S.I. 2002/1267 and S.I. 2004/693 |
The Merchant Shipping and Fishing Vessels (Personal Protective Equipment) Regulations 1999 | S.I. 1999/2205 |
The Radio Equipment and Telecommunications Terminal Equipment Regulations 2000 |
S.I. 2000/730, amended by S.I. 2003/1903, S.I. 2003/3144 and S.I. 2005/281 |
The Noise Emission in the Environment by Equipment for Use Outdoors Regulations 2001 | S.I. 2001/1701, amended by S.I. 2001/3958 and S.I. 2005/3525 |
The Medical Devices Regulations 2002 |
S.I. 2002/618, amended by S.I. 2003/1400, S.I. 2003/1697, S.I. 2005/2759 and S.I. 2005/2909 |
The Personal Protective Equipment Regulations 2002 | S.I. 2005/1144, amended by S.I. 2004/693 |
The Electromagnetic Compatibility Regulations 2005 | S.I. 2002/281, amended by S.I. 2006/1258 and S.I. 2006/1449 |
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 0115 901 3336; fax 0115 901 3334; e-mail orders: [email protected]). 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.
[2] 1995 c.21; sections 85 and 86 were amended by the Merchant Shipping and Maritime Security Act 1997 (c.28), section 8, and are applied to hovercraft by the Hovercraft (Application of Enactments) Order 1989 (S.I. 1989/1350) to which there are amendments not relevant to these Regulations.back
[8] 1968 c.59. S.I.1989/1350, as amended by S.I. 1990/2594, applies various merchant shipping enactments to hovercraft, with modifications.back
[9] O.J. L393, 30.12.89, p.13.back
[10] O.J. L335, 30.12.95, p.28.back
[11] Published by the Stationery Office in 1993 (ISBN 0-11-551184-9).back
[12] Published by the Stationery Office in 1993 (ISBN 0-11-551185-7).back
[13] Published by the Stationery Office in 1999 (ISBN 0-11-551812-6).back
[14] S.I. 1998/2306, amended by S.I. 2002/2174.back
[16] S.I. 1997/2962, amended by S.I. 1998/2411 and S.I. 2001/54.back
[17] Section 284 was amended by the Merchant Shipping and Maritime Security Act 1997, Schedule 1, paragraph 5.back