Cap. 369 sub. leg. AO

Merchant Shipping (Safety) (Protective Clothing and Equipment) Regulations(Cap. 369, section 107)(Enacting provision omitted—E.R. 2 of 2023) [2 August 1991](Format changes—E.R. 2 of 2023) 1. Citation (E.R. 2 of 2023)(1) These regulations may be cited as the Merchant Shipping (Safety) (Protective Clothing and Equipment) Regulations.(2) (Omitted as spent—E.R. 2 of 2023) 2. Interpretation In these regulations, unless the context otherwise requires—employee (僱員) means a person (including the master and self-employed persons) employed on board ship other than a dock worker or shore-based worker on board a ship whilst it is in harbour;employer (僱主) means a person who employs an employee other than himself. 3. Application and exemption (1) Subject to subregulations (2) and (4)—(a) these regulations shall apply to Hong Kong ships wherever they may be; and(b) regulations 2, 3 and 10 shall apply to other ships when in the waters of Hong Kong.(2) These regulations shall not apply to offshore installations whilst on or within 500 metres of their working stations.(3) For the purposes of subregulation (2), offshore installation (離岸裝設) means an installation which is maintained in the water, or on the foreshore or on other land intermittently covered with water, and is not connected with dry land by permanent structure providing access at all times and for all purposes.(4) The Director may grant exemptions from all or any of these regulations (as may be specified in the exemption) for classes of cases or individual cases on such terms (if any) as he may so specify and may, subject to giving reasonable notice, alter or cancel any such exemption. 4. Provision and standard of protective clothing and equipment (1) An employer shall ensure that every employee of his in a ship who is engaged in a work process specified in the first column of the table in the Schedule or who may reasonably be expected to be at risk from such a work process carried on in such a ship, is provided with suitable protective clothing and equipment of the kind and to the standard specified in the second and third columns of the table in the Schedule in relation to that work process or with protective clothing and equipment of a standard which is equivalent thereto:Provided that other protective clothing and equipment which complies with the approved published specification of a national authority or of the International Organization for Standardization may be provided where it has been necessary to purchase items at a place where items complying with the specified standard specifications are not available and it has not been reasonably practicable to replace them.(2) An employer shall ensure that every employee of his in a ship who is engaged in any other work process involving a particular hazard which can be alleviated by the provision of protective clothing or equipment, or where health or safety may reasonably be expected to be at risk from such a work process carried on in such a ship, is provided with suitable protective clothing and equipment designed to reduce the hazard so far as is reasonably practicable.(3) The Director may, by notice published in the Gazette, amend the Schedule. 5. Issue and storage An employer shall ensure that whenever any protective clothing or equipment is carried on board a ship for use by his employees, it is issued to employees for their individual use or is kept in easily accessible and clearly marked places in a manner which will prevent deterioration or damage during storage or contact with substances likely to affect it adversely. 6. Maintenance (1) An employer shall ensure that whenever any protective clothing or equipment is carried on board a ship for use by his employees except in so far as it is issued to employees for their individual use, it is—(a) properly maintained, due regard being paid to any recommendations made by the manufacturers;(b) regularly inspected and, where appropriate, its operation checked at intervals of not more than 3 months;(c) repaired, decontaminated or replaced as necessary; and(d) in the case of breathing apparatus specified in respect of item 6 of the table in the Schedule, inspected and its operation checked before and after use.(2) An employee shall ensure that any deficiencies or defects in any items of protective clothing or equipment issued to him for his individual use are reported for repair or replacement to a responsible ship’s officer or any other person authorized by the employer of that employee. 7. Instructions in the use of protective clothing and equipment An employer shall ensure that—(a) any employee of his who may be required to wear protective clothing or use protective equipment is appropriately instructed in its use; and(b) where items of protective clothing or equipment are stored on board a ship for use by his employees, instructions for their proper use and maintenance are kept with the protective clothing or equipment to which they refer or in a safe place as close thereto as possible. 8. Use of protective clothing and equipment (1) No person shall require an employee to start in a ship a work process referred to in regulation 4 unless the appropriate clothing or equipment specified in or in accordance with that regulation is in good condition and working order and is being worn or used by the employee carrying out the work process and by any other employee who is subject to a reasonably foreseeable risk from that work process.(2) Any employee involved in or subject to a reasonably foreseeable risk in a ship from a work process referred to in regulation 4 shall wear the appropriate protective clothing and use the appropriate protective equipment specified in or in accordance with that regulation. 9. Offences (1) An employer who contravenes regulation 4, 5, 6(1) or 7 commits an offence and is liable on conviction to a fine at level 3.(2) An employee who contravenes regulation 6(2) or 8(2) commits an offence and is liable on conviction to a fine at level 1.(3) Any person who contravenes regulation 8(1) commits an offence and is liable on conviction to a fine at level 1.(4) It shall be a defence for a person charged under these regulations, including a person charged by virtue of subregulation (5), to show that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.(5) Notwithstanding anything in this regulation, where an offence under these regulations is committed, or would have been committed except for the operation of subregulation (4), by an employer, employee or any person due to the act or default of some other person, that other person commits that offence and may be charged with and convicted of the offence by virtue of this subregulation whether or not proceedings are taken against the employer, employee or person first mentioned.(E.R. 2 of 2023) 10. Inspection and detention of ships (1) The provisions of the Ordinance relating to the inspection and detention of ships shall apply to and in relation to any ship in respect of which—(a) if it is a Hong Kong ship, any provision of these regulations is contravened; or(b) if it is a ship other than a Hong Kong ship, the protective clothing and equipment carried on board does not conform to the standards required of a Hong Kong ship by these regulations,as if such ship were found to be unsafe within the meaning of section 67 of the Ordinance.(2) Where a ship other than a Hong Kong ship is detained as provided by subregulation (1), the Director may send a report to the government of the country in which the ship is registered, and a copy thereof to the Director-General of the International Labour Office. Schedule [reg. 4]Table of Standards Specifications of Protective Clothing and Equipment Note: 1. In this table the letters “BS” indicate and refer to a British Standard to which the clothing and equipment should comply and the date which appears is the date on which the relevant Standard was published or last amended, as the case may be. The British Standards Specifications are published by and obtainable from the British Standards Institution, Linford Wood, Milton Keynes MK146LE: the British Marine Industries Federation Standard is obtainable from Ship and Boat Builders National Federation, Boating Industry House, Vale Road, Oatlands Park, Weybridge KT139NS and the Code of Practice “Noise Levels in Ships” from Her Majesty’s Stationery Office. 2. Reference in the table to the Department of Trade and the Department of Transport are reference to those Departments of the United Kingdom Government. Work Process Protective Clothing and equipment to be provided Full Title of Standard 1. Any process or activity involving a reasonable risk to the head from falling or moving objects. Head protection to BS 5240 Part 1: 1987 (30 January 1987). Specification for a general purpose industrial safety helmet. 2. When working in areas where the circumstances involve a reasonably foreseeable risk to the head from bruising or abrasion. Scalp protection to BS 4033: 1966 (30 June 1966). Specification for industrial scalp protectors (light duty). 3. When entering or working in a space or working with machinery or equipment where the noise level exceeds 90 dB(A). Hearing protection complying with section 10 and Appendix 3 of the Code of Practice issued by the Department of Trade entitled “Noise Levels in Ships” published on 21 January 1978. 4. Welding and gas cutting. Eye and face protectionto BS 1542: 1982(31 December 1982); Equipment for eye, face and neck protection against radiation arising during welding and similar operations. BS 2092: 1987(23 December 1987); Specification for industrial eye protectors. BS 679: 1959(10 December 1959); Filters for use during welding and similar industrial operations. Body protection to BS 2653: 1955(29 December 1955) as appropriate. Protective clothing for Welders. 5. Any process in which there is a reasonably foreseeable risk of injury to the eye from particles, fragments or injurious substances. Eye protection to BS 2092: 1987 (23 December 1987). Specification for industrial eye protectors. 6. Any process involving working in an atmosphere which is likely to be hazardous to health. Note—The items, except those covered by BS 6016, should be maintained to BS 4275: 1974(16 April 1974). Recommendations for the selection, use and maintenance of respiratory protective equipment. (a) Protection against nuisance dust and dust of low toxicity. Disposable dust respirators with a nominal protection factor of at least 10 conforming to BS 6016: 1980 (31 December 1980); or Specification for filtering facepiece dust respirators. General purpose dust respirators with a nominal protection factor of at least 10 conforming to BS 2091: 1969 (10 June 1969). (E.R. 2 of 2023) Specification for respirators for protection against harmful dust, gases and scheduled agricultural chemicals. (b) Protection against gases of low toxicity. Cartridge type respirators with a nominal protection factor of at least 20 conforming to BS 2091: 1969 (10 June 1969). Note—A particulate filter is incorporated. As above. (c) Protection against toxic gases. Canister type respirators with a nominal protection factor of at least 400 conforming to BS 2091: 1969 (10 June 1969). Note—Particulate filters are incorporated for some applications. Specification for respirators for protection against harmful dust, gases and scheduled agricultural chemicals. (d) Protection against toxic dust. Positive pressure, powered dust respirators with a nominal protection factor of at least 20 conforming to BS 4558: 1970 (17 March 1970); or Specification for positive pressure, powered dust respirators. Positive pressure, powered dust hoods and blouses with a nominal protection factor of at least 20 conforming to BS 4771: 1971 (26 October 1971). Specification for positive pressure, powered dust hoods and blouses. (e) Protection against highly toxic dust. High efficiency dust respirator with a nominal protection factor of at least 1,000 conforming to BS 4555: 1970 (17 March 1970). Specification for high efficiency dust respirators. (f) Protection against highly toxic atmospheres; or where there is oxygen deficiency; or as an alternative to the items above. (E.R. 2 of 2023) Breathing apparatus conforming to BS 4667: 1974 Parts 2 and 3 (7 June 1974) and Part 4 (30 November 1982) as follows— (i) self-contained breathing apparatus of the open circuit compressed air type that has been additionally tested as required by Section 3.6.3 of Part 2 of the standard and has nominal protection factor of at least 2,000; or (i) BS 4667: Part 2: 1974—specification for open circuit breathing apparatus and BS 4667: Part 3: 1974—specification for compressed air line breathing apparatus. (ii) a compressed air line breathing apparatus of the demand valve type having a nominal protection factor of at least 2,000 and incorporates an emergency self-contained supply for escape purposes as permitted by Section 6 of Part 4 of the standard. (ii) BS 4667: Part 3: 1974—specification for compressed air line breathing apparatus and BS 4667: Part 4: 1982—specification for escape breathing apparatus. 7. Any process or activity involving working in an area where there is a reasonably foreseeable risk of injury from substances which are corrosive or likely to be absorbed through the skin. Protective overalls, gloves or head gear, whichever is appropriate. 8. Any process or activity involving a reasonably foreseeable risk of injury to the hands unless the use of hand protection would increase the risk. Hand protection to BS 1651: 1986 (30 April 1986), whichever type is appropriate. (The Standard covers more than one type of glove). Specification of industrial gloves. 9. Any process or activity involving particular risk orinjury to the feet. Foot protection to BS 1870: 1979 Part 1 (30 August 1979). Safety footwear Part 1: Specification for safety footwear other than all-rubber and all-plastic moulded types. or BS 1870: 1976 Part 2 (30 June 1976); Part 2: lined rubber safety boots. or BS 1870: 1981 Part 3 (30 November 1981); Part 3: specification for polyvinyl chloride moulded safety footwear. or BS 4972: 1973 (2 November 1973); Women’s protective footwear. whichever is appropriate. 10. Work aloft or in any other area where there is a reasonably foreseeable risk of falling a distance of more than 2 metres. A cradle, stage or bosun’s chair used in accordance with Chapter 15 of the Code of Safe Working Practices for Merchant Seamen issued by the Department of Transport. Safety belt or harness and associated lanyard to BS 1397: 1979 (31 August 1979); or where the use of portable ladders is necessary such ladders to be used in accordance with Chapter 15 of the Code of Safe Working Practises for Merchant Seamen issued by the Department of Transport. Specification for industrial safety belts, harnesses and safety lanyards. 11. Any work carried out from an overside position or in an exposed position where there is a reasonably foreseeable risk of falling or being washed overboard or any work carried out in or from a ship’s boat. A lifebuoy with sufficient line attached ready for immediate use and either a Department of Transport approved lifejacket, or a lifejacket conforming to BS 3595: 1981 (31 July 1981), or a buoyancy aid conforming to the British Marine Industries Federation Standard 1988 published on 21 March 1988; whichever is appropriate. Lifejackets must be of a gas inflatable type if fully inflatable and have at least 89 N of inherent buoyancy if of the partially inherently buoyant type, except in the case of partially inherently buoyant lifejackets for use only in sheltered waters. Buoyancy aids must not depend on oral inflation. Specification for lifejackets. 12. Any process where it is necessary to carry out repair or maintenance work on or near exposed live electrical equipment and there is a reasonably foreseeable risk of injury. Rubber gloves to BS 697: 1986 (30 April 1986), an insulating mat (except where specially insulated flooring is installed) to BS 921: 1976 (31 March 1976)(both gloves and mat protecting against the appropriate voltage), rubber soled footwear; whichever is appropriate. Specification of rubber gloves for electrical purposes. Rubber mats for electrical purposes. 13. Any process involving a reasonably foreseeable risk of injury from vehicle movement during ro-ro operations. Suitable high-visibility garment.