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Proposals to remove fourteen legislative measures

Table 3 - Detailed analysis of current legislation that covers Docks Regulations and COP25

Return to Annex 5 Docks Regulations.

The full text of the Regulations can be found at
http://www.legislation.gov.uk/uksi/1988/1655/contents/made and for the ACoP at http://www.hse.gov.uk/pubns/priced/cop25.pdf

A summary of Merchant Shipping legislation and guidance is at
http://www.dft.gov.uk/mca/mcga07-home/workingatsea/mcga-healthandsafety/mcga-dqs-shs-health_and_safety.htm

RegulationCurrent applicable legislationCOP25 and guidance – Safety in DocksOther relevant guidanceProposed approach
Introduction to the guidance Health and Safety at Work etc Act (HSWA) section 2 (s2) Management of Health and Safety at Work Regulations (MHSWR) reg 10 (information for employees) ACoP and Guidance
Provision of information
Covers general duties and information, instruction and training
HSE guidance on MHSWR Quick guide to H & S in Ports INDG446 Information in this introduction and references/ links can be incorporated into revised version of the HSE Quick Guide to H & S in Ports (INDG446) to support detailed industry guidance. Other relevant links include:
  • Merchant Shipping (MS) legislation
  • MCA enforcement of EU H & S directives such as MS LOLER and The Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997 (MS HASAW).
  • General guidance in the Code of Safe Working Practices for Merchant Seamen (CoSWP)
  • Fishermens safety guide
Reg 1 Citation        
Reg 2 (i) Interpretation Many of these definitions are covered in more recent legislation and in MS legislation (eg hatches)

Guidance on definitions, ‘Reasonably practicable’

Specific definitions of lifting equipment and operations now covered by LOLER

Definitions of ship, vessel

HSE website, HSE. MCA and industry Safety in Ports (SiP) guidance The definition of terms such as ‘dock operation’ could be used to support the industry Safety in Ports (SiP) guidance as an introductory document to the SiP series, or as a revised version of the HSE INDG446 leaflet. This will include explanation of where other Regulations such as Construction Regs apply and would include reference to railways/ORR. This could also explain the application of generic H & S legislation such as MHSWR, Work at Height Regulation 2005 (WAHR), Workplace (Health, Safety and Welfare) Regulation 1992 (WHSWR) to docks premises, and links to Merchant Shipping legislation. The industry SiP guidance already has links to such legislation and guidance. Definitions of ship and vessel can be aligned with other HSE and MS legislation.
Reg 2(2)Structure of the regs        
Reg 2(3)
Hire or lease arrangements
PUWER reg 3(5)
LOLER reg 3(5)
  General guidance on PUWER and LOLER HSE INDG446 and industry SiP guidance to refer to relevant guidance
Reg 3
Application of the Regulations
Specific application of these regs will no longer exist Current HSE legislation applies to all premises and activities covered by the Docks Regs, including application Outside Great Britain order (AOGBO) where relevant General explanation of where these regs apply General HSE guidance on legislation To be included in HSE INDG446 and or introduction to industry SiP documents.
Regs 4(1), 4(2) and 4(3),
Persons upon whom duties are imposed
Dutyholders are as covered by general duties under HSWA s2, 3, 4 and 7.
Shore based workers and activities/ plant/ equipment are also covered by duties under legislation such as LOLER and Workplace (Health, Safety and Welfare Regulations (WHSWR)
Guidance covers duties of ships master and crew, contractors and visiting drivers General HSE guidance on duties under HSWA, Workplace Transport, PUWER, LOLER The specific examples in the guidance to the Regs can be included in the general HSE INDG446 guidance and industry SiP guidance as necessary, and by reference to other relevant HSE guidance.
Reg 4(4) Specifically disapplies the Regs to the master and crew of a ship or their employer in relation to plant and operations solely in their control
Shipboard operations are covered by MS (HASAW) Regs. Cooperation between shore based workers and ships crew are covered by MHSWR reg 11.
Guidance covers duties of ships master and crew HSE guidance on Managing Health & Safety in Dockwork HSG177 References and links in INDG446 and SiP guidance documents as necessary. Relationship to MS legislation and duties of ships master and crew can be covered in guidance. Where MS legislation does not apply to the self-employed this may be addressed in the near future by MCA.
Reg 5
Planning and execution of work
HSWA s2, 3, 4 and 7. MHSWR reg 3 and 11
Shipboard operations covered by MS LOLER
MS PUWER
MS HASAW Regs
  HSE guidance on Managing Health & Safety in Dockwork HSG177. More specific guidance on duties to ensure safe and suitable work equipment are now covered by PUWER, LOLER reg 8 and MS legislation such as MS LOLER. MCA propose to address application to the self-employed.
    ACoP para 1 and guidance – systems of work HSE guidance Managing Health & Safety in dockwork HSG177 Permits to work on ships required under CoSWP and regarded as good practice.
    ACoP para 4 and guidance
Cooperation between employers and duties of employees sharing workplace
Covered by guidance to MHSWR and Managing Health & Safety in Dockwork HSG177  
    ACoP para 6 and guidance
Cooperation with ships crew, cargo handling, Mooring and berthing
Guidance to MHSWR and HSG177 General HSE and industry guidance to give links to duties of Employers, Companies and workers under MS and Fishing Vessels (Health & Safety at Work) Regulations 1997, HSWA, MHSWR. Health and safety standards for specific activities such as cargo handling, mooring are now covered by industry SiP series and MCA guidance.
    ACoP para 9 and guidance
Reporting defects
Guidance to MHSWR reg 8 and 14; LOLER reg 10 General guidance available on HSE website and in industry SiP guidance covers these aspects.
    ACoP para 11 and guidance
Emergency arrangements
Covered by guidance to MHSWR reg 8, COSHH reg 13, DSHAR and COMAH Proposed industry SiP guidance on emergency procedures. There are MS regulations on emergency arrangements for the ship.
    ACoP paras 13 and 15 and guidance
Lifting operations and equipment
Replaced by general requirements and guidance on LOLER Work underway to update and improve BS 7121 Code of Practice on safe use of cranes. Industry guidance SiPs 002, 003, 004.
    ACoP para 17 and guidance
Ships Holds
Covered by general requirements and guidance on WAHR, MS LOLER and MS Work at Height Regs (MS WAHR).  
    ACoP para 19 and guidance
Stacking and handling cargo
Covered by general risk assessment requirements and guidance under MHSWR and WHSWR and WAHR HSE and industry SiP guidance give links to IMO Resolution on Code of Safe Practice for Cargo Stowage;
ILO Code of Practice 'Safety and health in ports';
ICHCA safety pamphlet on safety in container terminals;
The Merchant Shipping (Carriage of Cargoes) Regulations 1999;
MCA Roll-on/Roll-off Ships-Stowage and Securing of Vehicles Code of Practice .
    ACoP and guidance paras 27 to 36
Weight of load, load safety, freight containers
Covered by general requirements and guidance on LOLER, DSHAR and Freight Containers (Safety Convention) Regulations 1984 Existing HSE guidance on packing of CTUs and DSHAR;
ILO Global Forum on Packing of Freight Containers and ICHCA guidance now addressing International concerns about freight container safety.
Industry SiP guidance SiP 003.
    ACoP paras 37 – 40 and guidance
Deck cargo
Covered by WAHR and guidance and by industry SiP 002 guidance Guidance in industry SiP series SiP 002, 003, 004, 007 and MS legislation and guidance on cargo stowing on board ship; ICHCA guidance on container top working.
    ACoP para 43 and guidance
Use of ships equipment
Covered by MHSWR , MS LOLER and PUWER and guidance Duties of ships crew and master to be covered in HSE Quick guide and industry SiP series.
Reg 6
Lighting
Covered by general requirements of HSWA s2, WHSWR reg 8 and PUWER reg 21. ACoP and guidance HSE guidance (eg HSG38, Workplace Transport website and human factors guidance). Current guidance on ‘adequate’ lighting and reference to other relevant standards and guidance are covered in industry SiP 009.
Risk assessment principles and other industry guidance referenced in SiP 009 eg ILO Code of Practice 2005. MS legislation also applies including:
MS PUWER and MS Safety Signs and Signals Regs, SOLAS Regs , surveyors guidance for different types of ships and means of access.
Reg 7
Access
General principles covered under WAHR reg 6 and HSWA s2(2)(d)     Need for additional guidance on Access identified by industry working group gap analysis. Proposals to publish this guidance by May 2012 as part of the SiP series. MCA are also working with the Fishing Industry Safety Group (FISG) on this issue, and it is on the agenda for the Scottish Aquaculture Industry Forum (SAIF). Also covered by MS PUWER, MS WAHR and MS (Means of Access) Regs.
    ACoP and guidance – covers access to and between ships, pedestrian walkways, vehicle segregation, access to ships holds and cargo, ladders, edge protection General guidance in WAHR and WHSWR, Health & Safety (Safety Signs and Signals) Regs 1996. Additional guidance needed to cover interface between harbour authority/ port operator responsibility for infrastructure and quayside ladders etc with MS legislation and responsibility of ships master to provide safe access to vessel. Particular problems for small vessels – MCA guidance, MS (Means of Access) Regulations 1988 and new guidance MGN410. Supporting guidance in MCA Code of Safe Working Practice for Merchant Seamen. MS (Safe Access on Board ship) Regs 1988 and MGN341.
  Reg 7(4) (5) (6)c Revoked by WAHR ACoP and general guidance Now covered by HSE and industry guidance on work at height  
Reg 8 Transport by water
HSWA s2 and s3 ACoP and guidance. Covers safety of vessels used to transport workers to/from workplaces Addresses rarely used practice and now dealt with by risk assessment and reference to MCA Codes and associated good practice. MCA guidance MGN280 and MCA Codes for seagoing vessels. General content of Codes applies as good practice where not directly applicable by law.
Reg 9
Rescue, lifesaving and firefighting equipment, and means of escape.
Covered by general requirements of HSWA, MHSWR reg 8, WAHR reg 4, 6 and 7 ACoP and guidance covers rescue procedures Other legislation and general HSE guidance including MHSWR, WAHR, DSHAR, COMAH, Regulatory Reform (Fire Safety) Order 2005 (RRO) for England and Wales and the Fire (Scotland) Act 2005 Need for additional guidance on emergencies and contingency planning identified in industry gap analysis and intended for publication by May 2012 as part of the SiP series.
Guidance on quayside ladders already exists.
    ACoP and guidance para 7
Quayside ladders
General principles covered by WAHR HSE guidance on quayside ladders published on HSE website and referenced in industry guidance. MCA guidance on Lifesaving appliances.
Reg 10
Hatches, ramps and car decks
HSWA s2 and s3
MS LOLER
ACoP and guidance – ships equipment Shore side responsibilities are limited to reasonable assessment of ships equipment. Duties on ships crew and master explained Links may be needed on HSE Ports website and in industry guidance to MCA guidance MGN332 and MS legislation More specific guidance for shore based workers when on board ships could be incorporated into existing HSE and industry guidance.
MS WAH and MS LOLER; MCA CoSWP.
    ACoP and guidance Now covered by general guidance on PUWER and LOLER and by HSE Workplace Transport guidance Industry SiP 010.
Reg 11
Drivers of vehicles and operators of lifting equipment
PUWER reg 9, LOLER reg 8 and MHSWR reg 5 risk assessment principles and HSWA section 7
Road Traffic legislation applies in some ports and Ports police enforce in some.
ACoP and guidance 
Drivers and operators of plant and equipment
General Workplace guidance and LOLER guidance. Ports by-laws can be used to introduce controls Operations on board ship covered by MS LOLER and MS PUWER.
DVLA guidance applies to driving standards.
Reg 11(2)
Health and fitness
General and specific requirements are covered by HSWA s7, MHSWR reg 3 and 13, COSHH regs 6, 7,10, 11 Manual Handling Operations Regulations (MHOR) reg 4, Noise at Work (NAW) Regs reg 5 ACoP and guidance

This is outdated and does not comply with equality legislation.

HSE guidance on occupational health matters applies,

HSE guidance and DVLA rules can be used – industry has identified need for industry specific guidance as part of SiP series.

There are general requirements for fitness applicable to seafarers.

Reg 11(4)(5)(6)
Training
HSWA s2, MHSWR reg 13. PUWER reg 8 ACoP and guidance Overtaken by guidance on PUWER, LOLER, WPT and FLT driver training. Training also covered by MS LOLER and MS PUWER. Port Skills and Safety (PSS) and Skills for Logistics (SfL) National Occupational Standards and Qualifications framework.
Reg 12(1)
Use of vehicles
Covered by WHSWR, PUWER reg 4, 5, 9. ACoP and guidance Comprehensive HSE WPT and Workplace guidance Transport guidance SiP 001 and 010.
Specific guidance on straddle carriers, trailer coupling and uncoupling, load safety included in industry SiP series and industry guidance such as IRTE guidance on coupling.
Reg 12(2)(3)
Danger from use and movement of all vehicles. Vehicle segregation
Covered by WHSWR (reg 17) ACoP and guidance Comprehensive HSE guidance on Workplace and transport Specifics of ACoP and guidance covered in a range of sector specific industry and HSE guidance including Workplace Transport and Workplace guidance and HSE badged guidance on trailer coupling. Industry SiP guidance 001 and 002.
MCA CoSWP covers vehicle segregation on eg ro-ro vessels.
Also extensive guidance in ILO Code of Practice and ICHCA guidance.
    ACoP and guidance
Use of container cranes
Covered by LOLER and in ILO Code of Practice on Safety & Health in Ports  
    ACoP para 15
Use of seat belts
Refer to DfT guidance as good practice  
    ACoP para 26
Refuelling and LPG
Covered by other HSE guidance and legislation including Dangerous Substances and Explosive Atmosphere Regs (DSEAR) and HSE guidance on flammable liquids.  
  Covered by WHSWR 12 and 17 and WAHR reg 6 ACoP para 31
Vehicles and quay edges.
General HSE guidance on Workplace and WAHR Industry guidance SiP 001 and 010 .
    ACoP para 33
Straddle carriers
Covered by general guidance on MHSWR, WHSWR, LOLER and PUWER

MS PUWER regs 28-33.

Specific industry guidance on training and use may be needed.

    ACoP para 7
Load safety
Covered under PUWER regs 4 and 5, WHSWR reg 17 and HSWA section 7 HSE Workplace Transport (WPT) load safety guidance and new industry guidance in development in cooperation with HSL and VOSA.
MS legislation MS PUWER regs 28-33.
Reg 13
Use of lifting equipment
Reg 13(4) amended by LOLER.
Covered by LOLER regs 4 and 6, PUWER reg 4, MS (LOLER) legislation and BS EN 7121
ACoP and guidance General HSE guidance on PUWER and LOLER Extensive industry guidance eg ILO Code of Practice. ICHCA
Industry SiP series
MS PUWER and MS LOLER.
Regs 14, 15, 16(3) – (5) and (7) - (8) and 17
Testing, examination, load indicators, certificates and reports on lifting equipment
Revoked by LOLER      
Reg 16(1), (2) and (6) Covered under LOLER reg 7 and PUWER reg 23 ACoP and guidance Covered by LOLER and by industry SiP guidance
MS PUWER and MS LOLER
 
Reg 18 Revoked by Confined Spaces Regs 1997  ACoP and guidance Now covered by general HSE guidance on confined and enclosed spaces. MS (Entry into Dangerous Spaces) Regulations 1988 Reference to MCA guidance in Ch 7 of CoSWP and proposed industry SiP guidance.
Reg 19
Welfare and PPE
Overtaken by general requirements of MHSWR, WHSWR and PPE Regs ACoP and guidance Now covered by general HSE guidance on workplace and PPE  
Reg 20
Duty to report defective plant
Covered by MHSWR reg 14 (2)(b) and HSWA s3 , s4 and 7 ACoP and guidance Now covered by general HSE guidance on risk assessment and MHSWR reg 14  
Reg 21
exemptions
    No knowledge of any exemptions being issued for any reason  
Reg 22
Enforcement
  HSWA and Enforcing Authority Regs    
Reg 23 Factories Act – no longer relevant      
Reg 24 Revocations      
    Appendix 1 Redundant list of relevant legislation Links to relevant legislation to be included in HSE INDG446 HSE ports web pages and industry SiP series.
    Appendix 2 Redundant list of HSE guidance Links to relevant guidance to be included in HSE INDG446 HSE ports web pages and industry SiP series.
    Appendix 3 Redundant list of British standards Links to relevant standards to be included in HSE INDG446, HSE ports web pages and industry SiP series.
    Appendix 4 Redundant list of Non-HSE literature Links to relevant guidance to be included in HSE INDG446, HSE ports web pages and industry SiP series.
    Appendix 5 Redundant list of HSE offices HSE office information now available on HSE web pages.
    Appendix 6 Outdated list DfT offices Information now available on DfT and MCA web pages.
    Appendix 7 Guidance on measurement of lighting levels Outdated guidance. Current guidance available on HSE web pages and in industry SiP guidance SiP009.
    Appendix 8 Outdated guidance on standards of fitness Current guidance on HSE web pages and proposed industry SiP guidance.
    Appendix 9 Construction (Lifting Operations) Regulations Replaced by LOLER guidance.
    Appendix 10 Outdated guidance on welfare amenities Replaced by WHSWR and guidance.
    Appendix 11 Outdated guidance on welfare amenities Replaced by WHSWR and guidance.
    Appendix 12 Particulars for vessels carrying workers See comments on reg 8 – Transport by water.
    Appendix 13 Testing and thorough examination of lifting plant Reg 17 revoked by LOLER.