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Use of life vest by stevedores onboard ocean going vessels during loading and discharge
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Posted By Emmanuel
What does the law / rules say about use of life vest / jacket onboard an ocean going / container vessels when engaged in loading or discharging operations with stevedores. This issue has been contested on several occasions that life vests are not required to be worn on deck even above height (on top cargos / containers) during this operations. Can professionals advise please.
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Rank: Guest
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Posted By Bob Youel
you need to look at marine law and standard H&S law at the same time; as where a ship is at the side of a dock and tied up depending on which side you are working on different laws may apply e.g. if you are on the deck and handing a load to a person who is standing on the dock 2 laws may apply especially so if you are crew and undertaking normal crew duties and the other person is not crew!
common law duties still apply
It is a practice today to use ships in construction situations [& probably 'gang master' situations] for land based jobs where ships are docked as close to a job as poss to get around some employment, welfare and probably other laws especially taxation - I found out later that a job I worked on used the 'work on the deck' situation [if you undertook the work on the deck you did not pay the same tax!] to get around the need to pay VAT! [this was a number of years ago so things may have changed!]. The work undertaken could just as easily have been undertaken on the dock e.g. small fabrications!
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Rank: Guest
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Posted By Colin Reeves
Complex subject as ships come under the Merchant Shipping Acts (HASWA etc do NOT apply) but shore workers on board a ship whilst alongside in a port are covered by shore legislation, but not if the ship is at anchor! For full details see a Memorandum of Understanding between the MCA, MAIB and HSE at:
http://www.mcga.gov.uk/c...anding&col=mca&n=3&la=en
For merchant shipping guidance to the ACoP for merchant seamen at
http://www.mcga.gov.uk/c...fety/mcga-coswp-2008.htm
Vastly superior to shore ACoPs as everything is in a single, user-friendly document!
In general stevedores will fall under shore legislation when you have to assess the risks. Lifejackets would be suitable if the risk is falling into water. However, on most container vessels, this risk is far less than falling onto a (very, very) hard surface (i.e. deck of ship) so fall arrest may be better. Have not worked on container ships for many years so not up to speed on modern custom and practice, sorry.
Colin
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Use of life vest by stevedores onboard ocean going vessels during loading and discharge
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