The Merchant Shipping and Fishing Vessels (Provision and Use of Work Equipment) Regulations 2006

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—

(a) the use of work equipment by a worker is on a public service vessel or a vessel engaged in search and rescue; and

(b) characteristics of that use of work equipment 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 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—

(a) provides for use and uses himself, or

(b) provides for use by another person (whether self-employed or not).

(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(1) or the Provision and Use of Work Equipment (Northern Ireland) Regulations 1999(2).

(8) The provisions of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997(3) shall continue to apply, but without prejudice to any more stringent or specific provisions contained in these Regulations.

(1)

S.I. 1998/2306, amended by S.I. 2002/2174.

(2)

S.R. 1999 No.305.

(3)

S.I. 1997/2962, amended by S.I. 1998/2411 and S.I. 2001/54.