Summary
These Regulations implement EU Directive 89/655/EEC (as amended by 95/63/EC) into UK maritime law, governing health and safety requirements for work equipment on merchant ships and fishing vessels. They establish duties on employers regarding: selection and suitability of equipment, maintenance and inspection requirements, training of workers, CE marking compliance, guards and protection devices, electrical safety, control systems, mobile work equipment, and powers of inspection and detention. The regulations apply to UK ships and, partially, to non-UK ships in UK waters.
Reason
This regulation was inherited wholesale from EU law with no democratic review by Parliament. It imposes substantial compliance costs — inspection logs, designated competent persons, training requirements, and maintenance records — that burden UK-flagged vessels while competitors under flags of convenience (Liberia, Panama, Marshall Islands) face no such requirements, eroding maritime competitiveness. The regulation's prescriptive approach (guards must be 'substantially constructed,' controls must be 'clearly visible and identifiable,' mobile equipment must meet specific design features) reflects bureaucratic box-ticking rather than outcome-based safety. Maritime workers already benefit from general health and safety duties under the Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997; this layered EU-derived overlay adds cost without proportionate safety benefit. Post-Brexit, the UK should adopt a principles-based approach allowing ship operators flexibility to achieve safety outcomes through risk assessment rather than rigid prescription.