Memorandum by the Department
of the Environment, Transport and the Regions
1998 (S.I. 1998/2857)
The Committee has requested a memorandum
on the following points:
(1) Explain the purpose and effect
of regulation 3(2)'s applying itself and regulation 1 (as well
as the other specified regulations) to non-United Kingdom ships
when in United Kingdom waters.
The purpose and effect of regulation 3(2)'s
applying itself and regulation 1 (as well as the other specified
regulations) to non-United Kingdom ships when in United Kingdom
waters is to meet the requirement, contained in the Merchant Shipping
(Minimum Standards) Convention 1976 (International Labour Organisation
Convention 147)(Cmnd 7189), to apply minimum safety standards
to non-United Kingdom ships in relation to manual handling operations.
By article 4 of that Convention the application of such standards
to non-United Kingdom ships is to be limited (to the extent now
provided in regulations 11 to 13). The Department regrets that
implementation of ILO 147 was not mentioned in the Explanatory
Note, and apologises for its omission.
(2) Explain whether the power to
detain the ship is intended to be available where the non-compliance
with the requirements of the Regulations consists only in the
worker failing to "make full and proper use of any system
of work provided for his use by his employer in compliance with
regulation 5(2)(b)" [regulation 6]. If so, explain what justifies
the availability of this sanction for such a default.
It was decided as a matter of policy that
the power to detain the ship should be available if a worker fails
to make full and proper use of any system of work provided by
his employer in compliance with regulation 5(2)(b). The power
to detain is not to be exercised unreasonably (regulation 10)
and compensation may be awarded in connection with invalid detention
(regulation 13). The Department recognises that failure by a worker
to comply with a safe system of work would normally be dealt with
as a disciplinary matter. However, if, by failing to comply, the
worker was putting at serious risk the health and safety of other
workers, the power of detention could be needed. If the ship were
to sail without the deficiency being remedied, the UK authorities
would be unable to take effective preventative action.
(3) In regulation 13, explain
to what provision the reference to an "order" of detention
The inclusion of the words "or order"
in regulation 13 is an error. The Department apologises to the
Committee and undertakes to remove them at the first suitable
17th December 1998