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

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—

(a) after installation and before being put into service for the first time; or

(b) after assembly at a new site or in a new location,

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—

(a) at suitable intervals; and

(b) each time that exceptional circumstances which are liable to jeopardise the safety of work equipment have occurred,

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—

(a) if obtained from on board the ship, is used outside the ship, or

(b) if obtained from outside the ship, is used in the ship,

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—

(a) used anywhere outside the ship (including on board another ship); and

(b) operated by workers who are employed by another person.

(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”—

(a) means such visual or more rigorous inspection by a competent person as is appropriate for the purpose described;

(b) where it is appropriate to carry out testing for the purpose, includes testing the nature and extent of which are appropriate for that purpose.