# The Merchant Shipping (Maritime Labour Convention) (Health and Safety) (Amendment) Regulations 2014, Note: Explanatory note


(This note is not part of the Regulations)
These Regulations amend the Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997 (S.I. 1997/2962) (“the 1997 Regulations”) so as to fully implement the following provisions relating to seafarers’ working conditions and entitlements:
(a) Title 4.3 of the Maritime Labour Convention, 2006 (Cm 7049) (“the MLC”) and related mandatory Standards; and
(b) the corresponding parts of the Agreement set out in the Annex to Council Directive 2009/13/EC (“the 2009 Directive”) of 16 February 2009 implementing the Agreement concluded by the European Community Shipowners’ Associations (ECSA) and the European Transport Workers’ Federation (ETF) on the Maritime Labour Convention, 2006 (O.J. L124, 20.5.2009, p. 30).
These Regulations do not make substantive changes to the 1997 Regulations as they apply to fishing vessels.
Regulation 2(2) amends existing definitions and inserts new definitions into the 1997 Regulations.
Paragraph (4) extends the application of specified provisions in the 1997 Regulations so that references to “workers” (persons employed under a contract of employment) apply to seafarers who are not workers, and references to “employers” apply to shipowners. Paragraphs (8) and (15) contain similar extensions as regards “workers”.
Paragraph (5) governs the application of Parts II to VI of the 1997 Regulations as regards different categories of ship.
Paragraph (6) adds to the existing duty in regulation 7 of the 1997 Regulations to conduct or review a risk assessment by requiring the shipowner to have regard to information and advice referred to in Marine Guidance Note 484(M) when doing so.
Paragraph (7) requires a shipowner to report occupational diseases on a prescribed form having regard to guidance concerning the protection of personal data.
Paragraph (9) extends duties imposed on employers by the Regulations specified in the Schedule. Where those Regulations impose a duty on an employer as regards a worker in respect of a health and safety risk, and there is at least one seafarer exposed to that risk who is not a worker, the shipowner must ensure that action taken to discharge that duty as regards workers is also taken as regards seafarers.
Paragraphs (10), (11), (13) to (18) and (22) make consequential and other minor amendments to the 1997 Regulations.
Paragraph (12) amends regulation 17(4) of the 1997 Regulations so as to impose the duty to appoint a safety committee irrespective of whether a safety representative has been elected.
Paragraphs (19) to (21) introduce separate inspection and detention provisions as regards ships which are not fishing vessels.
Paragraph (23) inserts a review clause in the 1997 Regulations which requires the Secretary of State to review the operation and effect of those Regulations and publish a report within five years after these Regulations come into force and within every five years after that. Following a review it will fall to the Secretary of State to consider whether the Regulations should remain as they are, or be revoked or amended. A further instrument would be needed to revoke the Regulations or to amend them.
Merchant Shipping Notices and Marine Guidance Notes are published by the Maritime and Coastguard Agency. Copies may be downloaded from the MCA’s website https://www.gov.uk/government/organisations/maritime-and-coastguard-agency or by e-subscription from mnotices@ecgroup.co.uk with ‘Subscribe’ in the subject heading, or obtained from M-Notices Subscriptions, PO Box 362, Europa Park, Grays Essex RM17 9AY, tel 01375 484548, fax 01375 484556.
The MLC may be downloaded from the website of the International Labour Organization at www.ilo.org/global/standards/maritime-labour-convention/lang--en/index.htm. Merchant Shipping Notice 1850(M) identifies the website from which the relevant International Labour Organization guidance concerning the protection of workers’ personal data may be downloaded. Copies of the MLC and International Labour Organization guidance concerning the protection of workers’ personal data may be obtained from www.tsoshop.co.uk, by e-mail from customer.services@tso.co.uk or by post from TSO, P.O. Box 29, Norwich, NR3 IGN, Tel: +44 (0)870 600 5522/Fax: +44 (0)870 600 5533, each as a priced publication.
A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is published with the Explanatory Memorandum alongside this instrument on www.legislation.gov.uk.

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Source: https://www.legislation.gov.uk/uksi/2014/1616/note (the official version)
Page: https://openlegislation.uk/merchant-shipping-maritime-labour-convention-health-and-safety-amendment-regulations-2014/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.