Posted By Antony Ferguson Can anyone tell me that if a sea going vessel is covered by HASWA when tied up in a port, as a normal UK workplace? Our employees go on board the ships when loading, so do we the capt or both owe them a duty or are they exempt whilst on board. Any case law examples?

Posted By Jim Sweetman Anthony, This one takes me back a bit to my days serving before the mast! You refer to seagoing vessels - are they British flag (British registered) or foreign flag (maybe Flag of Convenience!)? British registered vessels come under the auspices of the Merchant Shipping Act which now reflects most of UK H&S legislation (I can't be certain of the extent, as I came ashore some years ago. Foreign vessels are expected to comply with their national laws and treat the vessel as a small part of their country. In either case the master has ultimate responsibility for his/her ship. However, this does not relieve an employer of their responsibilities to their employees and anyone who may be affected by their undertaking (including ship's staff/crew). If you look at most legislation, there is a disapplication clause 'These regulations shall not apply to or in relation to the master or crew of a sea-going ship or to the employer of such persons in respect of the normal shipboard activities of the ship's crew under the direction of the master.' So in answer to your question, HASAWA does apply to your staff, but not the ship's crew. However, the ship's crew do have a duty to persons coming on board, in the same way. Unfortunately, the ship's personnel may interpret their own standards of compliance accordingly - I suspect that this may be the initial source of your qestion. If your people see something that they are not happy with, by all means report to a ship's officer. In all such circumstance you must report any shortfalls back to your emoployer. Regards Jim