UK Offence Report

The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Work at Height) Regulations 2010

UK Statutory Instrument 2010 No. 332 — creates 3 criminal offences.

3offences created
0recorded in force
0revoked
Made
11 February 2010
In force from
6 April 2010
Extent
Not stated
Subject
Health and safety, environment, waste and fisheries
Made under
European Communities Act 1972, Merchant Shipping Act 1995

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations implement Council Directive 2001/45/EC of the European Parliament and of the Council of 27 June 2001, (O.J. L. 195, 19.7.2001, p. 46) amending Council Directive 89/655/EEC concerning the minimum safety and health requirements for the use of work equipment by workers at work, (O.J. L. 393, 30.12.1989, p.1) (second individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (O.J. L. 245, 26.8.1992, p.6) as it applies to the maritime sector. These Regulations should be read in conjunction with the Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997 (S.I. 1997/2962) (“the General Duties Regulations”) and the Merchant Shipping and Fishing Vessels (Provision and Use of Work Equipment) Regulations 2006 (S.I. 2006/2183) (“the Work Equipment Regulations”). The General Duties Regulations set out the general principles for health and safety on ships, and the Work Equipment Regulations regulate the provision and use of safe work equipment on board ships. These Regulations contain more specific requirements for work equipment for work at height. Regulation 1 provides for the commencement of the Regulations. Terms used in the Regulations are defined in regulations 2 and 3, and the circumstances in which the Regulations are to apply are set out in regulations 4 and 5. Part 2 of the Regulations sets out the duties imposed on employers. Regulation 6 imposes requirements regarding the competence of workers and those supervising, managing or overseeing work at height. Regulation 7 requires that work at height is planned and supervised, and that temporary work at height is avoided where it is reasonably practicable to do so. In so doing, Regulation 8 requires that the employer must have regard in particular to the risk assessments carried out under the General Duties Regulations and the Work Equipment Regulations, and ensure that work equipment for temporary work at height made available to workers on the ship is the most suitable to ensure and maintain safe working conditions. These criteria are referred to as “the regulation 8 criteria”. Regulation 9 imposes a supplementary duty to minimise risks inherent in work equipment for work at height. Regulation 10 makes provision for weather conditions. Part 3 of the Regulations deals with specific types of work at height. Regulation 12 contains supplementary provisions regarding collective safeguards. Regulation 13 and Schedule 1 set out requirements for the use of ladders. Regulation 14, read with Schedule 2, deals with scaffolding. Regulation 15 and Schedule 3 deal with rope access and positioning techniques. Regulation 16 provides for duties on persons other than employers. Regulations 17to 24 concern offences, penalties, inspection, detention and compensation. Regulation 25 prohibits workers being charged for anything done or provided in accordance with any requirement of these Regulations. These Regulations are made under the powers in the Merchant Shipping Act 1995 except in respect of their application to Government ships (regulation 2(1)) where the power is provided by section 2(2) of the European Communities Act 1972. An Impact Assessment and a Transposition Note have been prepared and a copy has been placed in the library of each House of Parliament. Copies can be obtained from the Maritime and Coastguard Agency, Spring Place, 105 Commercial Road, Southampton, SO15 1EG (telephone number 02380 329100). They are also annexed to the Explanatory Memorandum which is available on the Office of Public Sector Information website http://www.opsi.gov.uk. Merchant Shipping Notices can be obtained from M-Notices Subscriptions, PO Box 362, Europa Park, Grays, Essex, RM17 9AY (telephone 01375 484548; fax 01375 484556; e-mail orders: mnotices@ecgroup.co.uk). They may also be accessed via the Maritime and Coastguard Agency’s website http://www.mcga.gov.uk.

Offences created by this instrument

What Parliament said about it

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