Guidance

Personal protective equipment (PPE) regulations 1999

Published 3 December 2021

This guidance was withdrawn on 17 January 2023

MSN 1870 Amendment 3 has been replaced by MSN 1870 Amendment 4.

Summary

This notice provides updated safety standards applicable to personal protective equipment covered by the merchant shipping and fishing vessels (personal protective equipment) regulations 1999 (S.I. 1999/2205) (“the PPE regulations”).

This notice also 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”).

MSN 1870 (M+F) takes into account the MLC health and safety amendments which extended the duties to protect “workers” in health and safety legislation, including the PPE regulations, so that they protect all seafarers, regardless of their employment status, and extended the duties on employers also apply to shipowners. On 31 December 2018, the work in fishing amendments came into force and further extended the protection of health and safety legislation to fishermen regardless of their employment status and applied the duties on employers also to fishing vessel owners. References in this notice to “shipowners and employers” and “seafarers and other workers” therefore now include fishing vessel owners and fishermen.

Annex 1 gives the design standards for personal protective equipment in use on board ships, for specified work activities and situations, in order to comply with regulation 5(2)(a) of the PPE regulations.

Amendment 3 reflects the changes in regulations since the publication of this MGN and updates the PPE standards quoted from the British Standards and EU Harmonised Standards websites, including amended annexes EU 2020/668 and EU 2021/395.

The PPE regulations implemented Directive 89/656/EEC and this notice includes the updated technical standards from Directive 2016/425. All the obligations in the EU legislation mentioned in MSN 1870 (M+F) amendment 3, which had affect in the UK prior to the 1st January 2021 are retained in UK law, with any necessary modifications, after the end of the EU Exit implementation period.

1. Introduction

The merchant shipping and fishing vessels (personal protective equipment) regulations 1999 (the “PPE regulations”) require shipowners and employers to ensure that personal protective equipment (PPE) is provided for seafarers and other workers who are engaged in, or at risk from a hazardous work activity on board a United Kingdom ship. They also apply to non-UK ships whilst in UK waters.

The PPE regulations are subject to the general rule that use of PPE is always a last resort, to be used where risks cannot be avoided or reduced to a safe level by means of collective protection, or safe systems of work.

2. Provision of PPE

PPE must be provided to the seafarer by the shipowner or employer, free of charge, except when use of the equipment is not exclusive to the workplace. In this case seafarers and other workers may be required to contribute towards the cost.

The equipment issued must be “suitable” which is defined as:

• in relation to any work process described in this Merchant Shipping Notice, of the kind and to the standard specified in this Notice, in relation to that work process;

• appropriate for the risks to which the seafarer or other worker is exposed and to the task which they are performing without itself leading to any increased risk;

• correctly fitting the seafarer or other worker, or capable of being adjusted to fit;

• taking into account ergonomic requirements and the seafarer’s or other worker’s state of health; and

• compatible with any other equipment the seafarer or other worker has to use at the same time, so that it continues to be effective against the risk.

Where seafarers and other workers provide or choose to supply their own PPE it must meet the appropriate standard and be used when engaged in work of the types outlined (see annex 1). This will not exempt the shipowner and/or employer from their duty to supply PPE free of charge and they will remain responsible for ensuring that seafarers and other workers are correctly equipped with suitable PPE.

3. Storage and maintenance of PPE

In addition, the shipowner and employer must ensure that the PPE supplied is easily accessible, properly stored and maintained. Where appropriate, instructions must be available to seafarers and other workers who are required to carry out any maintenance. The equipment must be regularly inspected in accordance with the manufacturer’s instructions, and its operation checked. Respiratory protective equipment must always be checked before and after use.

4. Use of PPE by seafarers and other workers

The shipowner and employer must ensure so far as practicable that PPE is used as instructed e.g. that it is only used for the purpose for which it is designed, and that it is worn correctly.

Seafarers and other workers should receive appropriate training on the risks against which the PPE is designed to protect them, how and when to use it, and how to look after it correctly.

Seafarers and other workers are required to wear and use the PPE which has been issued to them when appropriate, and to comply with any instruction provided on wearing and maintenance.

5. Standards, design and manufacture

The specifications for PPE are set out in Annex 1. The list covers the PPE most commonly used on ships, but is not exclusive or exhaustive.

The prefixes “EN” and “BS” stand for “European Norm” and “British Standard” respectively. If there is no “EN” standard available, a “BS” standard is quoted. The standards are those to which the clothing and equipment should comply and the date listed is when the latest revision of the relevant standard was published (correct at time of publishing this MSN). When referencing the standard, it should be checked that there have been no subsequent amendments.

Any reference to an EN or BS standard or other standard contained in the Annex, means that standard or an alternative standard which provides equivalent levels of safety, suitability and fitness for purpose when in use.

The standards of equipment given in this Merchant Shipping Notice do not apply to Life Saving Appliances or other equipment which is subject to the Merchant Shipping (Marine Equipment) Regulations 1999 (S.I. 1999/1957).

Publications mentioned in Annex 1 are available from:

BS and EN Specifications
The British Standards Institute
389 Chiswick High Road
London W4 4AL

Email: cservices@bsigroup.com Tel: +44 (0) 345 086 9001 Website: http://www.bsigroup.com/

EU Harmonised Standards List;

Summary list of titles and references of harmonised standards under Regulation (EU) 2016/425 on personal protective equipment

6. Contact information

This guidance has been provided by the seafarer safety and health branch and is correct at the time of publishing. For further information or enquiries relating to this guidance please email; seafarersafety@mcga.gov.uk