Guidance

Annex 2 - Industrial personnel

Updated 29 July 2022

1   Background

1.1   It is internationally recognised that industrial personnel (IP) and special personnel (SP) are essentially similar, in that they are on board the ship to carry out what might be broadly described as “industrial activities”, rather than actually operating the ship they are on, or being carried as passengers for transport or pleasure. Special personnel “are carried on board in connection with the special purpose of that ship or because of special work being carried out on board that ship”, which accords with the definition in SOLAS regulation I/2(e). Industrial personnel however, are defined as “all persons who are transported or accommodated on board for the purpose of offshore industrial activities performed on board other vessels and/or other offshore facilities”. The fundamental difference is that special personnel mainly work on the ship, and industrial personnel mainly work off the ship.

1.2   IMO Resolution MSC.418(97) of 25 November 2016 – Interim Recommendations on the Safe Carriage of More Than 12 Industrial Personnel on Board Vessels Engaged on International Voyages (see Annex III) – invites Member States, ahead of a new mandatory instrument addressing the carriage of IP, to recognise that IP should not be considered or treated as passengers in accordance with SOLAS regulation I/2(e). Member States were further invited to apply these Interim Recommendations when regulating ships, regardless of size, carrying more than 12 IP. MCA takes the view that this also includes ships carrying fewer than 12 IP, when the aggregate number of passengers, SP and IP exceeds 12 persons.

1.3   IMO has now approved a new SOLAS Chapter XV for ships operating internationally, and carrying at least one IP, within an aggregate total of more than 12 passengers, SP and IP, and this will enter into force on 1 July 2024.

2   Grandfathering provisions for the carriage of industrial personnel in the context of the previous guidance (MGN 515, and the Interim Recommendations in MSC.418(97) adopted November 2016 (for “existing ships”)) which apply within the UK EEZ only

2.1   Following the IMO’s interim Recommendations (MSC.418(97)), the following sub-paragraphs outline the intention regarding the application of this Resolution to ships currently operating in accordance with the policy set out previously in MGN 515. This applies to UK and foreign ships operating to and from UK ports within the UK’s exclusive economic zone only. This does not apply to UK ships operating elsewhere.

2.2   Special Purpose Ships Carrying IP before SOLAS Chapter XV enters into force:

    2.2.1 Existing Special Purpose Ships already carrying IP, previously in accordance with MGN 515, can continue to carry IP but now in accordance with this MGN.

    2.2.2 New Special Purpose Ships wishing to start carrying IP before entry into force of SOLAS Chapter XV, can do so in accordance with this MGN.

2.3   After SOLAS XV enters into force:

    2.3.1 Existing Ships (for the purpose of application of SOLAS Chapter XV) can:

     - continue with their certification as Special Purpose Ships and carry IP in accordance with this MGN when operating to and from UK ports within the UK’s exclusive economic zone only, taking into account SOLAS XV/3.2; or

     - re-certify in accordance with SOLAS Chapter XV.

    2.3.2 All ships over 500 GT operating internationally and carrying IP must certify to SOLAS Chapter XV.

    2.3.3 Requirements for ships intending to commence carrying IP and operate domestically in the UK or which are under 500 GT and intending to operate on international voyages remain under consideration.