WORKING AT HEIGHTS - Wind Energy Network

SPONSORS OF Height & Confined Spaces WorkThe Master’s responsibilityfor shore workersfrom risks and dangers on the ship or theinstallation and that of the contractors toco-operate and follow the Masters andcrews instructions to ensure their ownsafety and avoid putting others at risk.However, should any accident ensureinvolving the shore labour, it wouldseem that the owners cannot avoid theconsequences of any negligence resultingfrom the actions of those workers while onthe ship or installation.SMS codeFor this reason it is essential that theSMS code that is in place for the shipor installation has a clear and concisesection outlining these responsibilitiesand the procedure in place for them to beimplemented.Increasingly in the shipping industry,as crews become smaller and shipsbecome larger, the employment ofshore labour at sea and in port isincreasingly more common.Strangely, responsibility for the safety ofcontractors or shore workers, whether theship is at sea or in port or dry dock is agrey area in the marine industry.This assumption in many companies thatcontractors are responsible for the safetyof their workers or that a port of dry dockcan issue an indemnity stating they acceptresponsibility for safety of shore workerswhile on board the ship or installation isvery unsafe.The HSE and MCA Memorandum ofUnderstandingThe two authorities have a memorandumof understanding that is mainly directedat a recognised division of responsibilities,especially for investigation, however thereare a number of implications from thismemorandum that the industry should beaware of. The most important of these isthat the HSE is primarily responsible forenforcing legislation covering the safetyof shore based personnel and workequipment supplied by the shore evenwhen working on a ship.Ships rarely carry any information regardingHSE legislation and many may not haveany knowledge of this document. If thisis the case, most Masters are ignorantof any responsibilities they have to shoreworkers. Equally there is ignorance ashore,demonstrated by the fact that when somedry docks assume responsibility of all safetymatters on the ship for their workers, quiteoften this is assumed to cover outsidecontractors employed by the dry dock forwork on the ship.Regardless of any ignorance of thelegislation all evidence points to the factthat the HSE would expect and hold theMaster responsible for any breaches ofHSE legislation. This is supported bycommon law which states that the Masteris the ‘supreme authority’ on his ship,even when the ship owner, charterer oremployer is on board.Defining ResponsibilitiesFifty years ago, Hopkins in ‘Business andLaw for the Shipmaster’ wrote;“Stevedores and other contractors whoboard a ship as invitees and personswho come on board as licensees for theirown private purposes or as guests, areall entitled to adequate provision againstpitfalls and traps. Apart from specificregulations, the Master has a commonlaw duty to provide such protection.”This all leads to two separateresponsibilities, that of the owner toprotect the contractors or subcontractorsCaptain Michael Lloyd, MNM.FNI.Marine AdviserMines Rescue Marinewww.minesrescue.comClick to view more infowww.windenergynetwork.co.uk91