Work carried out by ships' crews in shipyards and dry docks
OC 730/8
This OC sets out arrangements, agreed with the Department of Transport (DoT), for inspection of the activities of ships' crews whilst their vessels are in shipyards or dry dock for repair.
Background
1 The 1985 Scope Agreement (Code IN Lg Appendix 1) between HSE and DoT laid down the general policy objectives concerning enforcement demarcation during the loading and unloading of ships and other activities at the water margin.
2 The Joint Marine Health and Safety Committee (Code IN Lg 5), which consists of HSE and DOT representatives, keeps the arrangements for implementation of the Scope Agreement under review.
3 The Committee has recently agreed the position on enforcement in relation to the activities of ships' crews whilst their vessels are in shipyards or dry docks for repair. This OC sets out the agreed position.
Application of legislation to activities of ships' crews
4 The HSW Act applies to the activities of ships' crews in Great Britain. There is no disapplication even at vessels being loaded or unloaded. However, merchant shipping legislation enforced by DOT will take precedence with respect to the normal shipboard activities of the crew (see Code IN Lg 8 and 9). Regulations made under HSW Act since the 1985 Scope Agreement often incorporate disapplications "to the master or crew of a sea-going ship..... in respect of the normal ship-board activities of a ship's crew under the directions of the master".
5 Ships' crews may be encountered engaging in a wide range of activities whilst their vessels are in shipyards or dry dock for repair. Some of these may be quite extensive. There will be cases which do not meet the test of "normal ship-board activities" and therefore to which the disapplication is not relevant and the Regulations apply.
6 The Shipbuilding and Ship-Repairing Regulations 1960 (file 731) do not apply to work carried out by a crew whilst their ship is in a harbour or wet dock. However, the Regulations are applicable to crews working in shipyards and dry docks.
7 Voyage repairs, when they are being carried out by members of the crew of vessels afloat in docks as well as when at sea are considered to be subject to Merchant Shipping legislation and will be dealt with by DOT. Voyage repairs are typically minor work such as replacement of seals on hatch covers, minor engine repairs, repairs to lifting equipment or rigging etc.
8 Repairs carried out by a crew whilst their vessels are in shipyards and dry docks are, however, to be dealt with by HSE using health and safety legislation. Inspectors should bear in mind any disapplication of certain Regulations (see paras 4 and 5) when considering enforcement action.
Action by inspectors
9 Inspectors who encounter ships' crews engaged in repair activities whilst their vessels are in shipyards or dry docks are advised to inspect them in the same way as they would contractors to the shipyard. Emphasis should be placed upon co-operation and co-ordination of activities.
10 Where there is uncertainty about whether a situation should be dealt with by HSE or DoT, inspectors should liaise with their local DOT marine surveyor (see Code IN Lg 34 to 36).
11 The Shipbuilding, Heavy Fabrication and Welding NIG (Area 19) would be interested to hear of any difficulties which inspectors meet in dealing with ships' crews in shipyards and dry docks.
22 May 1994
(FOD/286/1993'C')
Disc No: FODA1.Edt/j071/04.94/jh/dh
(New Disc Ref: J:\Editors\CA1\J071Ap94.sam)
ASI headings
Enforcement: ship: shipbuilding and ship-repairing: shipyard.