The Health and Safety (Miscellaneous Repeals, Revocations and Amendments) Regulations 2013

Consequential amendments to the Workplace (Health, Safety and Welfare) Regulations 1992

4.—(1) The Workplace (Health, Safety and Welfare) Regulations 1992(1) are amended as follows.

(2) For regulation 3(1)(a) substitute—

“(a) a workplace which is or is in or on a ship, save that regulations 8(1) and (3) and 12(1) and (3) apply to such a workplace where the work involves any of the relevant operations in—

(i) a shipyard, whether or not the shipyard forms part of a harbour or wet dock; or

(ii) dock premises, not being work done—

(aa) by the master or crew of a ship;

(bb) on board a ship during a trial run;

(cc) for the purpose of raising or removing a ship which is sunk or stranded; or

(dd) on a ship which is not under command, for the purpose of bringing it under command;”.

(3) After regulation 3(5), add—

“(6) For the purposes of this regulation—

(a) “dock premises” means any dock, wharf, quay, jetty or other place at which ships load or unload goods or embark or disembark passengers, together with neighbouring land or water which is used or occupied, or intended to be used or occupied, for those or incidental activities, and any part of a ship when used for those or incidental activities;

(b) “relevant operations” means, in relation to a ship, its repairing, refitting, painting and finishing, the scaling, scurfing or cleaning of its boilers (including combustion chambers or smoke boxes) and the cleaning of its bilges or oil-fuel tanks or any of its tanks last used for carrying oil;

(c) “ship” includes all vessels and hovercraft which operate on water or land and water;

(d) “shipyard” means any yard or dry dock (including the precincts thereof) in which ships or vessels are constructed, reconstructed, repaired, refitted or finished; and

(e) “vessel” means any description of craft used for the transport of goods or passengers or the storage of goods or the accommodation of passengers on water, whether used in navigation or not.”.

(1)

S.I. 1992/3004 amended by S.I. 1995/2036 and 2007/320; there are other amending instruments, but none is relevant.