MGN 331 (M+F) Amendment 1 provision and use of work equipment regulations 2006

Amendment 1 reflects the recent changes in extending the duties in PUWER health and safety legislation.


MGN 331 (M+F) Amendment 1 provision and use of work equipment (PUWER) regulations 2006

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This notice replaces MGN 331(M+F) and MGN 378(M+F).

To be read in conjunction with MGN 20 which provides details and guidance on interpretation of the merchant shipping and fishing vessels (health and safety at work) regulations 1997, MGN 587 (F) amendment 1 (in respect of fishing vessels) and where work equipment is used for the purpose of lifting, MGN 332 amendment 1, which covers the requirements of the merchant shipping (lifting operations and lifting equipment) regulations 2006.

Notice to

  • shipowners
  • ship operators
  • charterers
  • managers
  • other employers of seafarers, masters, chief engineers, officers, ratings and other workers on merchant ships, fishing vessels and yachts and other vessels with paid crew and self-employed persons working on board
  • classification societies
  • certifying authorities
  • test houses and competent persons

Amendment 1 reflects the merchant shipping (maritime labour convention) (health and safety) (amendment) regulations (S.I. 2014/1616) (“the MLC health and safety amendments”) and the merchant shipping (work in fishing convention) (consequential and minor amendments) regulations (S.I. 2018/1109) (the “work in fishing consequential amendments”).

The two sets of amendments extend the duties protecting “workers” in health and safety legislation, including the merchant shipping and fishing vessels (provision and use of work equipment) regulations 2006, so that they protect all seafarers and fishermen, regardless of their employment status.

They also extend duties on employers to apply to shipowners and fishing vessel owners. References in the guidance in this notice are therefore to “shipowners and employers” and “seafarers and other workers.” In this notice, “shipowner” includes “fishing vessel owner”, and “seafarer” includes “fisherman”.

Published 10 October 2019