22.1 Health and Safety at Work
22.1.1 The Merchant Shipping and Fishing Vessels (Health and Safety at Work)
Regulations 1997 (SI 1997 No. 2962), as amended, apply wherever “workers” are
employed on ships. Further Guidance can be found in MGN 20 (M+F)footnoteand MGN 175 (M+F)footnote. This Code does not aim to provide definitive guidance
on these Regulations, and it is the duty of the owner/manager and Master to ensure
that they are familiar with the requirements which include carrying out risk
assessments, which are the basis for mitigating measures under all of the
regulations.
22.1.2 Other Merchant Shipping regulations apply similar principles in the context of
particular areas of risk to both workers and others on board. It is the
responsibility of the owner/managing agent and Master to ensure that they are
familiar with the requirements of those regulations. These regulations are similar to
land based legislation but are separately provided for under Merchant Shipping
legislation. Such regulations include, but may not be limited to:
22.1.3 The requirements include provisions for an on board complaints procedure and a
shoreside complaints procedure. If there are more than 5 seafarers on board then
there is a requirement to have a designated safety official on board. Chapter 3 of
The Code of Safe Working Practices for Merchant Seafarers (CoSWP) provides further
information.
22.2 Structural Requirements and the Carriage of Equipment
22.2.1 Section 22.2 provides minimum mandatory requirements which mitigate the common
risks, but these may not be an exhaustive set of safety measures for any particular
vessel, and further measures may be required as a result of the assessments made under
the regulations highlighted in 22.1.
22.2.2 Deckhouses
22.2.2.1 A deckhouse used for the accommodation of persons must be constructed of
adequate strength to withstand the forces of weather and sea to which it will be
subjected in use.
22.2.3 Bulwarks, Guard Rails and Handrails
22.2.3.1 Bulwarks, guardrails and guard wires should be supported efficiently by stays
or stanchions.
22.2.3.2 Where the requirements of 22.2.3 cannot be fully complied with, jackstays may
be fitted in accordance with 22.2.4.4.
22.2.3.3 To protect persons from falling overboard, and when the proper working of the
vessel is not impeded and there are persons frequently on the deck, bulwarks or three
courses of rails or taut wires should be provided and the bulwark top or top course
should be not less than 1000mm above the deck (in accordance with Load Line
requirements). The distance between the lowest course and the deck should not exceed
230mm, and the distance between other courses should not exceed 380mm.
22.2.3.4 In a vessel fitted with a cockpit which opens aft to the sea, additional
guardrails should be fitted so that there is no unprotected vertical opening (i.e.
between vertical ‘members’) greater than 500mm in width.
22.2.3.5 For vessels operating in Category 6, where it is impractical and unnecessary to
fit guardrails, alternative arrangements may be acceptable subject to the Certifying
Authority being satisfied as to the adequacy of the proposed arrangements. For example,
on small vessels with narrow side decks alongside a deck house, a handrail on the side
of the deckhouse may be fitted. On the foredeck, a centreline handrail may be considered
more workable.
22.2.3.6 Handrails should be provided for access stairways, ladders, passageways and for
decks without bulwarks or guardrails. This provision should not be used in lieu of
guardrails and bulwarks where required by the Code.
22.2.3.7 In an inflatable boat or a rigid inflatable boat, where it is not possible to
fit bulwarks, handrails or guardrails, there should be handgrips, toeholds and handrails
provided as necessary to ensure safety of all persons on board during transit and the
worst weather conditions likely to be encountered in the intended area of operation.
22.2.3.8 Alternative Arrangements for Bulwarks, Handrails and Guardrails.
22.2.3.8.1 When application of measures described in 22.2.3.1 – 22.2.3.4 would impede
the proper working of the vessel, alternative safety measures may be considered, using
ISO 15085.
22.2.3.8.2 “Impede” should not be interpreted as “inconvenience”. Certifying Authorities
must be satisfied that the required height bulwarks, guardrails and handrails would
“impede” rather than simply inconvenience the proper working of the vessel, and survey
records should show why impedance was justified as a reason for acceptance of lower
bulwarks, guardrails and handrails. See Standards Appendix 13.
22.2.3.8.3 This alternative provision is not available to vessels certified as “suitable
for single handed operations”.
22.2.4 Safety Harnesses
22.2.4.1 A vessel, other than a RHIB, should be provided with safety harnesses as
necessary for all persons who may be required to work on deck, with a minimum number of
2.
22.2.4.2 Efficient means for securing the life lines of safety harnesses should be
provided on exposed decks, and grabrails provided on the sides and ends of a deckhouse.
22.2.4.3 Fastening points for the attachment of safety harness life lines should be
arranged having regard to the likely need for work on or above deck. In general,
securing points should be provided in the following positions:
22.2.4.4. When guard rails or wires are not otherwise provided, or do not meet the
requirements of section 22.2.3, jackstays (which may be fixed or portable) secured to
strong points, should be provided on each side of the vessel to enable crew members to
traverse the length of the weather deck in bad weather.
22.2.4.5 Vessels with guardrails of a height less than that required by section 22.2.3.3
may be accepted for areas where passengers are not normally allowed. These areas should
be restricted to crew use only and alternative arrangements provided on board for their
protection. In such cases it should be made clear that passengers must not enter the
restricted area,
22.2.5 Safe Location
22.2.5.1 In a non-decked vessel or rigid inflatable, it is the owner’s/operator’s
responsibility to ensure that a safe location aboard the boat is provided for all
persons.
22.2.6 Surface of Working Decks
22.2.6.1 The surface of a working deck should be non-slip.
22.2.6.2 Acceptable surfaces are: chequered plate, unpainted wood; a non-skid pattern
moulded into FRP; non-slip deck paint; or an efficient non-slip covering.
22.2.6.3 Particular attention should be paid to the surface finish of a hatch cover when
it is fitted on a working deck.
22.2.6.4 In an inflatable boat or rigid inflatable boat the upper surface of the
inflatable buoyancy tube should be provided with a non-slip finish.
22.2.7 Personal Clothing
22.2.7.1 It is the responsibility of an owner/managing agent/Master to advise crew /
passengers / industrial personnel that the following requirements for items of personal
clothing should be met:
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.1 Each person on board a vessel should have protective clothing appropriate to
the prevailing air and sea temperatures and that provides protection from
precipitation and spray from the sea.
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.2 Each person on board a vessel should have footwear having non-slip soles, to be
worn on board.
22.2.7.2 When a vessel certified to operate in Area Category 0, 1 or 2 is operating in
waters of sea surface temperature of 10 degrees centigrade or less, it is the
responsibility of an owner/managing agent/Master to advise passengers / industrial
personnel that they should have either an approved immersion suit, a dry suit or other
efficient garment (such as a floatation suit meeting EN ISO 15027-1) to reduce the
likelihood of cold water shock and hypothermia should the wearer enter the sea. Sea
temperature data may be found in sources such as the Admiralty Pilot for a given sea
area and period.
22.2.7.3 It is recommended that selection of protective clothing should be based on a
risk assessment which considers:
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- Manufacturer's performance data of the clothing to arrive at an estimated
survival time in the expected worst case conditions, including sea temperature and
wind chill,
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- Estimated maximum time for recovery of the person from the sea.
22.3 The Code of Safe Working Practices for Merchant Seafarers
22.3.1 Every vessel should carry on board an updated copy of the MCA’s
publication “The Code of Safe Working Practices for Merchant Seafarers”footnote.
22.3.2 Where it is not practical to carry the publication on board the vessel due to
its design, such as open boats without dry storage areas, The Code of Safe Working
Practices for Merchant Seafarers may be kept ashore. In such cases it must be made
available to be used by all members of the crew.
22.4 Protection of Passengers and Industrial Personnel
22.4.1 Operators should carefully consider the design and layout of the vessel and
whether it is suitable for its intended operation, and suitably protects those on board.
22.4.2 In addition to 22.4.1 operators should consider carefully the intended operation
of the vessel and whether or not there may be certain passengers / industrial personnel
which may be more susceptible to injury as a result of that intended operation. As part
of the risk assessment required under the General Duties requirements of the Merchant
Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997 (SI 1997 No.
2962), as amended, (see section 22.1.1), the operator is required to carry out a risk
assessment for all persons on board.