Merchant Shipping (Safe Movement on Board Ship) Regulations 1988
| Jurisdiction | UK Non-devolved |
| Citation | SI 1988/1641 |
| Year | 1988 |
1988 No. 1641
MERCHANT SHIPPINGSAFETY
The Merchant Shipping (Safe Movement on Board Ship) Regulations 1988
Made 21th September 1988
Laid before Parliament 30th September 1988
Coming into force 1st January 1989
The Secretary of State for Transport, after consulting with the persons referred to in section 22(2) of the Merchant Shipping Act 19791in exercise of powers conferred on him by section 21(1)(a) and (b), (3), (4), (5) and (6) and section 22(1) of that Act2, and of all other powers enabling him in that behalf, hereby makes the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Merchant Shipping (Safe Movement on Board Ship) Regulations 1988 and shall come into operation on 1st January 1989.
Interpretation
2. In these Regulations:—
“BS 5378 Part I” means Standard Number BS 5378 Part 1 1980 issued by the British Standards Institution on 31st July 1980 and any document amending or replacing the same which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice;
“Code” means Chapter 9 of the Code of Safe Working Practices for Merchant Seamen published in 1978 by Her Majesty’s Stationery Office and any document amending or replacing it which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice;
“employer” means the person for the time being employing the master;
“fishing vessel” means a vessel for the time being employed in fishing but does not include a vessel used otherwise than for profit;
“master” includes any person in charge of a ship during the absence of the master but excludes a watchman;
“Merchant Shipping Notice” means a Notice described as such issued by the Secretary of State;
“new ship” means a ship the keel of which is laid, or where construction identifiable with the ship begins on or after 1st January 1989, and in the latter case where assembly has commenced comprising at least 50 tonnes or 1% of the estimated mass of all structural material, whichever is less;
“offshore installation” means any offshore installation within the meaning of section 1 of the Mineral Workings (Offshore Installations) Act 19713;
“pleasure craft” means a vessel primarily used for sport or recreation.
Application
3.—(1) Subject to paragraph (2) of this regulation,
(a)
(a) these Regulations except regulation 15 apply to United Kingdom ships and
(b)
(b) regulations 1, 2, 3, 15 and 16 apply to ships other than United Kingdom ships while they are in a United Kingdom port.
(2) These Regulations do not apply to:
(a)
(a) fishing vessels;
(b)
(b) pleasure craft;
(c)
(c) offshore installations whilst on or within 500 metres of their working stations; or
(d)
(d) ships on which there is for the time being no master or crew or watchman.
(3) The Secretary of State may grant exemptions from all or any of the provisions of these Regulations (as may be specified in the exemption) for classes of cases or individual cases on such terms (if any) as he may so specify and may, subject to giving reasonable notice, alter or cancel any such exemption.
General
4.—(1) The employer and master shall ensure that safe means of access is provided and maintained to any place on the ship to which a person may be expected to go.
(2) The employer and master in carrying out the obligations contained in this regulation shall take full account of the principles and the guidance in the Code.
Transit Areas
5. The employer and master shall ensure that all deck surfaces used for transit about the ship, and all passageways, walkways and stairs, are properly maintained and kept free from materials or substances liable to cause a person to slip or fall.
Lighting
6. The employer and master shall ensure that those areas of the ship being used for the loading or unloading of cargo or for other work processes or for transit are adequately and appropriately illuminated.
Safety Signs
7. The employer and master shall ensure that any permanent safety signs used on board the ship for the purpose of giving health or safety information or instruction comply with BS 5378, Part I or with any equivalent standard.
Guardrails
8.—(1) Subject to paragraph (2) of this regulation, the employer and master shall ensure that any opening, open hatchway or dangerous edge into, through, or over which a person may fall is fitted with secure guards or fencing of adequate design and construction, which shall be kept in a good state of repair.
(2) The requirements of paragraph (1) of this regulation do not apply:—
(a)
(a) where any opening affords a permanent means of transit about the ship, to the side of the opening used for access;
(b)
(b) where, and to the extent that, the person upon whom a duty is imposed is able to show that the work process being carried out or about to be carried out makes the provision of such guards or fencing not reasonably practicable.
Ladders
9. The employer and the master shall ensure that all ship’s ladders are of good construction and sound material, of adequate strength for the purpose for which they are used, free from patent defect and properly maintained.
Movement of vehicles
10.—(1) The employer and master shall ensure that:—
(a)
(a) no ship’s powered vehicle or powered mobile lifting appliance is driven in the course of a work process except by a competent person who is authorised to do so;
(b)
(b) danger from use or movement of all such vehicles and mobile lifting appliances is so far as is reasonably...
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