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Proposals to remove fourteen legislative measures

Table 4 - Detailed analysis of current legislation covering the Shipbuilding and Ship-repairing Regulations 1960 requirements

Return to Annex 5 Shipbuilding and ship-repairing Regulations.

The full text of the Regulations can be found at http://www.legislation.gov.uk/uksi/1960/1932/contents/made

RegulationCurrent applicable legislation Proposed approach
(and additional available guidance)
Regulation 1 - Citation, commencement and revocation Not relevant Not relevant
Regulation 2 - Application of Regulations Covered by the following legislation includes (but not exhaustive): HSWA, Management of Health and Safety At Work Regulations (MHSWR), Confined Spaces Regulations, Provision and Use of Work Equipment Regulations (PUWER), Lifting Operations and Lifting Equipment Regulations (LOLER) and Work at Height Regulations 2005 (WAHR).  
Regulation 3 - Interpretation Some of the legislation referred is out of date. The definition of 32°C as the limit for highly flammable liquids is not now relevant - the figure is now 21°C in agreement with CHIP and DSEAR. Web based advice will provide signposting to a list of definitions, if required.

Abel closed test or Pensky-Martens closed test - The best current guidance is in CS 24

Regulation 4 – Obligations under Regulations Covered by HSWA in respect of employers (s2), employees (s7), persons in control of premises (s4) and obligations to third parties (s3).

Merchant Shipping Act 1995 s58 place duties on the master and crew to act in a manner that preserves any person on board the ship from death or serious injury. This would only apply where the master and crew were acting in that capacity. Otherwise they would be covered by the HSWA.
 
Regulation 6 - Safe access in general Safe access in general
Covered by HSWA s2 and 3 (General duties of employers to their employees and General duties of employers and self-employed to persons other than their employees). Section 2(2) (d) states, in relation to the employer’s duties, that the duty includes ‘so far as is reasonably practicable as regards any place of work under the employer’s control, the maintenance of it in a condition that is safe and without risks to health and the provision and maintenance of means of access to and egress from it that are safe and without such risks’.

The Regulatory Reform (Fire Safety) Order 2005 and The Fire (Scotland) Act 2005 apply in respect of fire emergencies
If the proposal is approved HSE will explore how to use the revoking Statutory Instrument to amend the W(HSW)R so that comparable duties under them will apply to a “workplace which is or is in or on a ship".

Some partially relevant guidance exists on HSE’s Ports web pages
Regulation 11 - Vessels used for access or as a working place Vessels used for access or as a working place is covered by HSWA (s2 and 3) and PUWER would apply to boats and most mobile offshore installations

PUWER will apply without qualification to mobile installations while at or near their working stations and when in transit to their working stations.

The overcrowding element of reg 11 (2) would be covered by HSWA and MHSWR.

The Merchant shipping Act 1995 impose duties on the owner/operator of ships and small vessels. In some circumstances this may include ship yard operators using boats for shipbuilding ship repair or ship dismantling.

There are no national standards for non-passenger vessels operating in categorised waters that relate to construction standards or survey/certification requirements

British Marine Federation produce a members-only guide on working near water
http://www.britishmarine.co.uk/publications.aspx?category=Technical
Regulation 69 – Lighting

Lighting
Regulation 8 of W(HSW)R is concerned with lighting and would apply to areas outside of a ship where work was being carried on.

Regulation 69(1) - work areas on or in a ship – is covered by HSWA (s2 and 3) and PUWER 1998 (reg 21, Lighting) (when work equipment to which PUWER applies is used).

Regulation 69(1) - For work areas not on or in a ship – is covered by W(HSW)R 1992 (reg 8 Lighting), PUWER 1998 (reg 21, Lighting) (when work equipment to which PUWER applies is used)

Regulation 69(2) is covered by HSWA (s2 and 3), the Merchant Shipping (safe movement on board ship) Regulations 1988, (as amended), reg 6 – Lighting, would only be relevant where the shipowner remains in control of the ship.

The Merchant Shipping (safe access) Regulations 1988, (as amended) reg 5 – Gangplanks, would only be relevant where the ship provides the means of access.

Regulation 69(3) - The legal definition of “reasonably practicable” affords an employer adequate protection against enforcement under the circumstances described by this subsection. DSEAR is the current relevant legislation for most workplaces including ship construction in GB and repairs in dry dock: reg 3(1) (b).

Regulation 69(6) is covered by HSWA (s7 -General duties of employees at work)

If the proposal is approved HSE will explore how to use the revoking Statutory Instrument to amend the W(HSW)R so that comparable duties under them will apply to a “workplace which is or is in or on a ship”.

There is existing guidance for lighting in docks and for dock operations produced jointly by HSE and Port Skills and Safety

For regulation 69(4) and (5) Portable lamps using liquid fuel should not be used. Any portable lamps used should be of a standard appropriate with the hazard, i.e. if there is a risk of an explosive atmosphere the lamp should be protected to an appropriate standard. These lamps are freely available.
Regulation 70 – Work in boilers, etc. Work in boilers, etc.
Regulation 70(1) is covered by HSWA (s2 and 3), MHSWR (reg 3 – risk assessment and Confined Spaces Regulations 1997 (regs 4 and 5).

(NB loss of consciousness due to overheating is a ‘specified risk’ in the Confined Spaces Regulations subsequently regulation 4 would apply to work in boilers or similarly enclosed hot environments)

In the event that there is no risk of a dangerous increase in a workers body temperature, the Act would require employers to take steps to prevent injury through contact with hot surfaces, substances and vapours (steam). Allowing the boiler to cool would be the primary control measure.

Regulation 70(2) and 70(3) is covered by Confined Spaces Regulations 1997 (reg 4 work in confined spaces). NB Isolating sources of danger and locking off procedures are an integral part of a confined spaces safe working procedure.

Regulation 70(4) is covered by Confined Spaces Regulations 1997 (reg 3 duties on employers and self employed)

General - It should be noted that regulation 4(2) of the Confined Spaces Regs is qualified by “so far as is reasonably practicable” whereas reg 70(2) & (3) of SSRR appear absolute.
General HSE guidance exists http://www.hse.gov.uk/confinedspace/index.htm
http://www.hse.gov.uk/safemaintenance/permits.htm

There is a Docks information sheet which specifically excludes work in shipyards

http://www.hse.gov.uk/pubns/dis6.pdf

Guidance for the offshore industry that gives a large amount of additional detail despite not being directly applicable to a ship.

http://www.hse.gov.uk/pubns/books/hsg253.htm

Regulation 71 – Hatch beams Hatch beams

These duties are covered by WAHR (reg10 Falling objects) and HSWA (s2 and 3) for situations where a beam is displaced but does not ‘fall’
Hatch beams (heavy removable beams use to support a hatch cover) are rarely encountered now. They were commonplace when ships had canvas or wooden cargo hatch covers. Ship designs and ship class approval requirements resulted in hatch design changes so that loose beams are rare. Possible exceptions would be on older ‘heritage’ vessels and barges.

Guidance from the USA (OSHA) on Hatch beam requirements:
http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=10444
Regulation 72 – Jumped-up bolts Jumped-up bolts
This is covered by HSWA (s2, 3 and 7 (General duties of employees at work), PUWER 1998 - reg 4 (suitability of work equipment), MHSWR 1999 (regs 3 (Risk assessment) and 14 (Employees duties) and WAHR (reg 10 Falling objects)
The term ‘jumped up’ refers to the process by which worn bolts are heated and hammered down. When bolts treated in this manner are re-screwed there is a danger that the bolt may fracture across the root of the thread and fail. This risk is particularly prevalent when the bolt is under stress (eg when it is being used to pull shell plates into position). It is not believed that any yards would now have the equipment necessary to carryout this work.
Regulation 80 – Young persons Young persons
This is covered by HSWA - s2 and 3 and MHSWR 1999 - reg 3(1), (4) and (5), together with reg 19 (Protection of young persons)
Specific guidance on “Young people” on HSE’s website, which refers to this regulation. It this proposal is agreed the guidance could be linked to a new “Shipbuilding” micro site and the wording amended.
http://www.hse.gov.uk/youngpeople/law/prohibitions/ship.htm
Regulation 81 – Safety supervision Safety supervision
Regulation 81(1) is covered by HSWA (s 2 and 3) and MHSWR 1999 (reg 5 Health and safety arrangements and reg 7 Health and safety assistance)

For regulation 81(2) - Nothing in the Health and Safety at Work Act (or Regulations made under it) prevents two or more employers from cooperating in the manner described by this regulation. The provisions of MHSWR (reg 7) will still apply.
Existing non-shipbuilding specific guidance exists at http://www.hse.gov.uk/managing/index.htm

It is not believed that current workplace practice would be to employ a person exclusively for this role and that such a person might well have additional responsibilities.