The Merchant Shipping (Code of Safe Working Practices for Merchant Seamen) Regulations 1998

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which revoke and replace The Merchant Shipping (Code of Safe Working Practices) Regulations 1980 (S.I. 1980/686), require the owner (or other person assuming responsibility for ownership) of each UK ship, other than fishing vessels or pleasure vessels, to carry on board and make available to workers “The Code of Safe Working Practices for Merchant Seamen” (published in 1998 and obtainable from The Stationery Office) (“the Code”).

The Regulations amend the thresholds for the carriage of specified numbers of copies of the Code, which has the effect of increasing by one the minimum number of copies to be carried on ships with between five and 15 workers, but decreasing the number of copies to be carried on ships with larger crews.

The Regulations provide that–

(i) ships on which five or less workers are employed shall carry at least one copy (regulation 4(1));

(ii) ships with more than five and less than 20 workers shall carry one copy which is in the custody of the master, one copy which is in the custody of the safety officer, one copy which is in the custody of the safety representative (where elected), and in addition one or more copies kept in a place accessible to other workers (regulation 4(2));

(iii) ships with more than 20 workers shall carry an adequate number for the workers employed as well as requiring one copy to be kept in the custody of the master, the chief officer, the chief engineer, the purser or catering officer, safety officer and any safety representative (regulation 4(3)).

The Regulations allow that these minimum numbers may be reduced where no safety officer or safety representative is appointed or elected on board ship (regulation 4(4)).

The Regulations prohibit removal of the Code from the ship without consent (regulation 4(5)).

The Regulations make contravention of the requirement to carry copies of the Code an offence with a maximum penalty of £1000 (regulation 5(1)) and contravention of the prohibition on removal of a copy of the Code from the ship an offence with a maximum penalty of £200 (regulation 5(2)).

The Code of Safe Working Practices for Merchant Seamen is obtainable from the Stationery Office Publications Centre, PO Box 276, London SW8 5DT (tel: [phone]).