Access Rail System – R27
15
Appendix A
ANNEX 1
MERCHANT SHIPPING LEGISLATION RELEVANT TO OVERSIDE WORk
The following provisions of Merchant Shipping Legislation are relevant to overside work. However only the main
points especially relevant to the use or selection of
rail and trolley systems
are listed. In order to meet the require-
ments of the legislation completely it will be necessary to comply fully with all the requirements of this legislation.
1 Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997
1.1 Under regulation 5 of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations
1997 (No 2962) (the "General Duties" Regulations), guidance on which is contained in Marine Guidance Note
MGN 20, a general duty is placed on an employer to ensure, so far as is reasonably practicable, the health
and safety of workers and other persons on board a UK registered vessel. In meeting this requirement the
employer is required to undertake a risk assessment to determine whether any risks to the health and safety
of workers will, or potentially could, arise in the normal course of their activities or duties. Where any such
risks, or potential risks, are identified the employer is required to take appropriate measures to either remove
such risks entirely or, where that is not possible, reduce those risks as far as is reasonably practicable. It is
for the employer to decide what measures are taken to reduce any risks.
2 Merchant Shipping and Fishing Vessels (Provision and Use of Work Equipment) Regulations 2006
2.1 In addition to the provisions of the General Duties Regulations referred to above, the provisions of the
Merchant Shipping and Fishing Vessels (Provision and Use of Work Equipment) Regulations 2006
(No 2183), guidance on which is contained in Marine Guidance Note MGN 331 (M+F), require an
employer to ensure that all work equipment made available to workers on the ship:
(a) is suitable for the work to be carried out; or
(b) is properly adapted for that purpose; and
(c) may be used by workers without impairment to their health or safety.
2.2 When selecting work equipment the employer is required to take into account the conditions under which the
work is to be undertaken and the characteristics of that work as well as having regard to any risks to the health
and safety of workers arising from the use of that work equipment. The employer must also ensure that any
work equipment is used only for operations, and under conditions, for which it is suitable. "Suitable" in this
context means suitable in any respect which it is reasonably foreseeable will affect the health and safety of
any worker. Any work equipment to be used by workers must be maintained in an efficient state, in efficient
working order and in good repair.
3 Merchant Shipping and Fishing Vessels (Lifting Operations and Lifting Equipment) Regulations 2006
3.1 Should the use of the access systems referred to in paragraph 1.1 of the main body of this MGN involve
raising or lowering of any worker it is likely the provisions of the Merchant Shipping and Fishing Vessels
(Lifting Operations and Lifting Equipment) Regulations 2006 (SI 2006/2184), guidance on which is contained
in Marine Guidance Note MGN 332 (M+F), could also apply. Under these Regulations an employer is required
to ensure that all lifting equipment is of adequate strength and stability having regard in particular to the stress
induced at its mounting or fixing point. In addition the Regulations provide that, except in exceptional
circumstances, no lifting equipment shall be used for lifting persons unless it is designed for the purpose.
4 Merchant Shipping and Fishing Vessels (Heath and Safety at Work) (Work at Height) Regulations 2010
4.1 The Merchant Shipping and Fishing Vessels (Heath and Safety at Work) (Work at Height) Regulations 2010
(No 332), guidance on which is contained in Marine Guidance.
Note MGN 410, require employers to ensure that work equipment used for work at height is the most suit-
able to ensure and maintain safe working conditions for workers using that equipment. The Regulations also
require the employer to select work equipment which is appropriate to the nature of the work to be performed
and is appropriate to foreseeable loads and stresses. In addition specific “Requirements for Rope Access and
Positioning Techniques” are set out in Schedule 3 to the draft Regulations.
