MGN 332 (M+F)
THE MERCHANT SHIPPING AND FISHING VESSELS (LIFTING OPERATIONS AND LIFTING EQUIPMENT) REGULATIONS 2006
Notice to all Ship Owners, Ship Operators, Charterers, Managers and other Employersof Seafarers, and Masters, Chief Engineers, Officers, Ratings and other workers on Merchant Ships, Fishing Vessels, Yachts and other vessels with paid crew and selfemployed persons carrying out operations on any vessels; Classification Societies, Certifying Authorities, Test Houses and Competent Persons.
This note should be read in conjunction with MGN 20, which provides details, and guidance on interpretation of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997 and MGN 331, which covers the requirements of the Merchant Shipping (Provision and Use of Work Equipment) Regulations 2006.)
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MGN 332 (PDF, 492 KB)
Summary This MGN:
It should not however be regarded as definitive. The way the regulations apply to any particular case can vary according to circumstances and from vessel to vessel. Each employer should therefore assess how the requirements of the regulations apply to the specific circumstances of each vessel, and introduce measures to implement those requirements accordingly. Employers unsure of their legal position should consider seeking independent legal advice. |
1. INTRODUCTION
1.1 The Merchant Shipping and Fishing Vessels (Lifting Operations and Lifting Equipment) Regulations 2006 were made on 8 August 2006 and come into force on 24 November 2006. These Regulations implement, in part, the provisions of EC Directives 89/655/EEC and 95/63/EC and ILO Occupational Safety and Health (Dock Work) Convention 1979 (No.152) and apply to all UK registered ships and, with the exception of certain provisions, to all UK registered fishing vessels and Government owned ships (excluding Royal Navy ships) wherever they may be, and to non-UK ships and fishing vessels in UK waters. These Regulations also revoke the Merchant Shipping (Hatches and Lifting Plant) Regulations 1988 (SI 1988/1639).
1.2 The majority of injuries to crew involving lifting equipment occur as a result of persons being struck, crushed or caught in moving parts and equipment. The cause is often attributed to incorrect practices or to errors of judgement. Other types of serious accident are caused by the failure of lifting equipment or single point failures of equipment. Inappropriate use of lifting equipment and failure of lifting equipment can also have an adverse effect on a vessel’s stability, and on smaller vessels this could possibly lead to capsize.
1.3 Accidents can be avoided through careful design and selection of lifting equipment. In this respect employers may wish to consider the use of a suitable design code, with survey and certification carried out by a competent authority. Corrosion, metal fatigue, inappropriate repairs or modifications and poor maintenance can all contribute to reduced safety margins. This MGN provides advice both on the requirements of the new Regulations and on the avoidance of accidents.
2. GENERAL LEGAL OBLIGATIONS AND WHAT EMPLOYERS MUST DO
2.1 Annex 1 sets out the provisions of The Merchant Shipping and Fishing Vessels (Lifting Operations and Lifting Equipment) Regulations 2006 and provides guidance on the legal obligations on employers that apply to fitting, maintenance and use of lifting equipment. The guidance is general in nature; employers should give more detailed consideration to the various aspects of their specific operations and take appropriate measures to safeguard health and safety.
2.2 In line with the provisions of the EC Directive, the Regulations do not, in general, prescribe measures to be taken by an employer but instead place the onus on the employer to ensure that all lifting equipment that is fitted on board is appropriate for its intended purpose and is safe to use.
2.3 The employer must also have regard to the provisions of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997 (the “General Duties” Regulations) which set out the general requirements for health and safety at work and the Merchant Shipping and Fishing Vessels (Provision and Use of Work Equipment) Regulations 2006 (the “PUWER” Regulations) which set out general requirements relating to the provisions and use of work equipment. As lifting equipment is also work equipment these latter Regulations apply fully to lifting equipment in addition to the Merchant Shipping and Fishing Vessels (Lifting Operations and Lifting Equipment) Regulations 2006. Detailed information on the PUWER Regulations and the General Duties Regulations is provided in Marine Guidance Notes MGN 331 and MGN 20 respectively, or any subsequent replacements.
3. REGULAR MAINTENANCE
3.1 In order to ensure that all parts of lifting equipment and related equipment are kept in good repair and working order, regular preventative maintenance should be carried out.
3.2 Maintenance should include regular examinations by a competent person. Such examinations should be carried out as required by the Regulations but in any event at least once annually. Checks should look for general material defects such as cracks, distortion, corrosion and wear and tear that could affect safe working load and overall strength.
3.3 When there is any suspicion that any appliance or item of equipment may have been subjected to excessive loads, exceeding the Safe Working Load (SWL), or subjected to treatment likely to cause damage, it should be taken out of service until it can be subjected to a thorough examination by a competent person.
3.4 Greasing should be thorough and frequent, as dry bearings impose additional loads that can lead to failure.
3.5 The condition of all ropes and chains should be checked regularly for wear, damage and corrosion and replaced as necessary.
3.6 Shackles, links and rings should be renewed when wear or damage is evident.
3.7 Structures should be examined frequently for corrosion, cracks, distortion and wear of bearings, securing points etc.
3.8 Hollow structures such as gantries or masts should be checked for trapped water inside. If water is found, the structure should be drained, appropriately treated and then sealed.
3.9 There should be regular function tests of controls, stops, brakes, safety devices for hoisting gear etc, preferably before the start of operations.
3.10 The items listed above are illustrative only and the final responsibility for ensuring regular and appropriate maintenance is carried out rests with the employer.
4. TRAINING
4.1 Only those trained and competent to do so should operate any lifting appliance. Such training may be "in-house", including "on the job training" by another worker or a supervisor, or may be training provided by the equipment manufacturer or another outside body. It will be for the employer to decide the most appropriate form of training to be provided having regard to the lifting appliance to be operated and the lifting operation to be undertaken.
4.2 Instruction should be given to the vessel’s personnel to enable them to appreciate factors affecting the safe operation of lifting appliances.
4.3 For merchant ships and other vessels with paid crew (which includes yachts, work boats and small passenger vessels but not fishing vessels) training and safety information for those on board should include an understanding of the relevant sections of the MCA "Code of Safe Working Practices for Merchant Seamen”.
5. RECORDS OF LIFTING EQUIPMENT
5.1 In service survey, inspections, thorough examinations and certification are to be carried out as required by the Regulations.
5.2 Records and service history should be kept of equipment, of dates when and where it is brought into use, its safe working load, any repairs, modifications, tests and examinations carried out.
5.3 All vessels except fishing vessels are required to maintain a register of lifting appliances and loose gear in a form based on the model recommended by the International Labour Organization and shown at Annex 7.2 of the Code of Safe Working Practices for Merchant Seamen.
6. CODE OF SAFE WORKING PRACTICES FOR MERCHANT SEAMEN
6.1 Annex 1 to this MGN contains some references to the Code of Safe Working Practices for Merchant Seamen. These are applicable only to merchant ships and other vessels with paid crew, including yachts, work boats and small passenger vessels, which are required to carry copies of the Code. These references are not however applicable to fishing vessels, which are not required to carry copies of the Code.
6.2 Copies of the Code can be purchased from The Stationery Office or can be viewed on the MCA Website at Web address: http://www.mcga.gov.uk/c4mca/coswp.pdf.
7. ADDITIONAL COPIES
Copies of this and other Merchant Shipping Notices, Marine Guidance Notes and Marine Information Notes can be obtained from MCA's distribution agents who will also arrange the supply of new notices on subscription. Their details are as follows:-
Mail Marketing (Scotland)
Unit 6
Bloomsgrove Industrial Estate
Norton Street
Nottingham
NG7 3JG
Tel: 0115 901 3336
Fax: 0115 901 3334
E-mail: mca@promo-solution.com
More Information
Seafarer Health and Safety Branch
Maritime and Coastguard Agency
Bay 2/09
Spring Place
105 Commercial Road
Southampton
SO15 1EG
Tel : +44 (0) 23 8032 9246
Fax : +44 (0) 23 8032 9251
e-mail: seafarer.h&s@mcga.gov.uk
General Inquiries: 24 Hour Infoline
0870 600 6505
MCA Website Address: www.mcga.gov.uk
File Ref: MS 122/6/064
Published: September 2006
© Crown Copyright 2006
Safer Lives, Safer Ships, Cleaner Seas
For a printable version of this document, click here: MGN 332 (PDF, 492 KB)
For a printable version of the appendix, click here:
| Annex 1 (PDF, 228KB) Regulations | Annex 2 (PDF, 58KB) Health and Safety Executive Safety Notice | Annex 3 (PDF, 17KB) Certificate of Thorough Examination |