MSN 1870 (M+F) Amendment 4 personal protective equipment regulations 1999

Published 20 December 2022

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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 4 updates the PPE standards quoted from the British Standards and EU Harmonised Standards websites, including amended annexes, with reference to the UK Conformity Assessment (UKCA) marking (see 5.5).

1.1 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.

1.2 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.

2.1 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.

2.2 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.

2.3 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 in 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.

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.

4.1 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.

4.2 Seafarers and other workers must 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.

4.3 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.

5.1 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.

5.2 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 shall 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.

5.3 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.

5.4 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).

5.5 Transition from CE marking to UKCA marking in Great Britain occurred from the 31st December 2020 and a new UK CA (UK Conformity Assessed) marking system was introduced, with the full transition to this UK CA marking system from 1st January 2023. The British Standards Institution continues as a full member to (CEN) as relevant to this MSN and as noted with reference to the official numbers in annex 1.

5.6 Publications mentioned in annex 1 are available from:

BS and EN SpecificationsThe British Standards Institute389 Chiswick High RoadLondon W4 4AL

Email: [email protected]

Tel: +44 (0) 345 086 9001

Website: http://www.bsigroup.com/

5.7 EU Harmonised Standards List

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

6.1 Health and safety executive (HSE) PPE safety e-bulletin 6th April 2022

Seafarer Safety and Health BranchMaritime and Coastguard AgencyBay 2/17Spring Place105 Commercial RoadSouthamptonSO15 1EG

Telephone: +44 (0)203 81 72250

Email: [email protected]

Website: www.gov.uk/mca

Please note that all addresses and telephone numbers are correct at time of publishing.

All harmonised standards that give a presumption of conformity to EU law at the end of the transition period will become ‘designated standards’ by the references being published on GOV.UK. Businesses will be able to use designated standards to provide presumption of conformity with GB law.

Where the introduction of the new UKCA marking begins to be incorporated into the BSI official references, they will be reflected here.

Harmonised standards remain the relevant standards for placing goods on the Northern Ireland market where EU rules continue to apply.

Note: all protective clothing must conform to BS EN 13688:2013 ‘protective clothing general requirements’.

The following sections list work activities with the standard titles and the standard reference, of the PPE or clothing to be provided:

hearing protectors. General requirements ear muffs - ear protection to: BS EN 352-1:2020

hearing protectors. General requirements– ear plugs - BS EN 352-2:2020

hearing protectors. General requirements. Ear muffs attached to head protection and /or face protection devices - EN 352-3:2020

hearing protectors recommendations for selection, use care and maintenance. Guidance document - BS EN 458:2016

Hearing protection must be provided with consideration to appropriate guidance such as section 7 of the MCA code of practice for controlling risks due to noise on ships published by TSO and MIN588 amendment 1.

personal protection equipment for eye and face protection during welding and allied processes- eye and face protection to: BS EN 175:1997

personal eye protection – Specifications - BS EN 166:2002

personal eye protection automatic welding filters - BS EN 379:2003+A1:2009

eye and face protection for occupational use – general requirements – BS EN ISO 16321-1:2022

protective clothing for use in welding and allied processes - body protection to BS EN ISO 11611:2015

Additional protection may be required in some situations (e.g. for particularly intense welding/cutting operations).

Respiratory protective devices. Recommendations for selection, use, care and maintenance. Guidance document - the following items (a - d) must be selected and maintained according to: BS EN 529:2005

(a) Protection against nuisance dust, mist, particles and dust of low toxicity.

General purpose respirators conforming as appropriate to one of the following:

respiratory protective devices: Full face masks. Requirements, testing, marking - BS EN 136:1998

respiratory protective devices: half masks or quarter masks. Requirements, testing, marking - BS EN 140:1999

respiratory protective devices. Filters with breathing hoses (non-mask mounted filters) Particle filters, gas filters and combined filters. Requirements, testing, marking - BS EN 12083:1998

respiratory protective devices. Particle filters. Requirements, testing, marking - BS EN 143:2021

respiratory protective devices, Gas filter(s) and combined filter(s). Requirements, testing, marking - BS EN 14387:2021

respiratory protective devices. Half masks without inhalation valves and with separable filters to protect against gases or gases and particles or particles only. Requirements, testing, marking - BS EN 1827:1999+A1:2009

(b) Protection against toxic dusts and gases of low toxicity

Respirators conforming as appropriate to one of the following:

respiratory protective devices. Full face masks. Requirements, testing, marking - BS EN 136:1998

respiratory protective devices. Half masks and quarter masks. Requirements, testing, marking - BS EN 140:1999

respiratory protective devices. Particle filters. Requirements, testing, marking - BS EN 143:2021

respiratory devices. Gas filter(s) and combined filter(s). Requirements, testing, marking - BS EN 14387:2021

respiratory protective devices. Valved filtering half masks to protect against gases or gases and particles Requirements, testing, marking - BS EN 405:2001+A1:2009

Note: Particulate filters may be incorporated for some applications.

Powered dust respirators, powered dust hoods conforming as appropriate to one of the following:

respiratory protective devices. Full face masks. Requirements, testing, marking -BS EN 136:1998

respiratory protection devices. Particles filters. Requirements, testing, marking - BS EN 143:2021

respiratory protective devices. Power assisted filtering devices incorporating full face masks, half masks or quarter masks. Requirements, testing, marking - BS EN 12942: 1998+A2: 2008

respiratory protective devices. Powered particle filtering devices incorporating a helmet or hood. Requirements, testing, marking - BS EN 12941: 1998+A2:2008

Protection against highly toxic atmospheres; or where there is oxygen deficiency; or where there is an alternative to the items above where suitable.

(d) Protection against highly toxic atmospheres; or where there is oxygen deficiency; or where there is an alternative to the items above where suitable

Breathing apparatus conforming to:

respiratory protective devices. Self-contained open circuit compressed air breathing apparatus incorporating a hood for escape. Requirements testing, marking - BS EN 1146: 2005

respiratory protective devices. Self- contained open-circuit compressed air breathing apparatus with full mask. Requirements, testing, marking - BS EN 137:2006

respiratory protective devices. Specification for fresh air hose breathing apparatus for use with full face mask, half mask or mouthpiece assembly - BS EN 138: 1994 and BS EN 142:2002

respiratory protective devices. Compressed air line breathing devices with demand valve. Devices with a full face mask. Requirements, testing marking - BS EN 14593-1:2018

respiratory protective devices. Compressed air line breathing apparatus with demand valve. Apparatus with a half mask. Requirements, testing, marking - BS EN 14593-2:2005

respiratory protective devices. Continuous flow compressed air line breathing devices. Requirements, testing, marking - BS EN 14594:2018

respiratory protective devices. Specification for powered fresh air hose breathing apparatus incorporating a hood - BS EN 269: 1995

respiratory protective devices. Lung governed demand self- contained open-circuit compressed air breathing apparatus with full face mask or mouthpiece for escape. Requirements, testing, marking - BS EN 402: 2003

Protective overalls, gloves or head gear, whichever is appropriate:

protective clothing general requirements - BS EN ISO 13688:2013+A11:2021

protective clothing against liquid chemicals. Performance requirements for chemical protective clothing with liquid tight (Type 3) or spray-tight (Type 4) connections including items providing protection to parts of the body only (Types PB [3] and PB [4] - BS EN 14605:2005+A1:2009

protective clothing against dangerous solid, liquid and gaseous chemicals, including liquid and solid aerosols - Performance requirements for Type 1 (gas-tight) chemical protective suits - BS EN 943-1:2015+A1:2019

Hand protection conforming as appropriate to:

protective gloves against dangerous chemicals and micro-organisms. Terminology and performance requirements for chemical risks - BS EN 374-1:2016+A1:2018

protective gloves against dangerous chemicals and micro-organisms. Determination of resistance to penetration - BS EN 374-2:2019

determination of material resistance to permeation by chemicals. Permeation by potentially hazardous liquid chemicals under conditions of continuous contact - BS EN 16523-1:2015+A1:2018

determination of material resistance to permeation by chemicals. Permeation by potentially hazardous gaseous chemicals under conditions of continuous contact - BS EN 16523-2 :2015+A1:2018

protective gloves against dangerous chemicals and mirco-organisms. Determination of resistance to degradation by chemicals - BS EN ISO 374-4:2019

protective gloves against dangerous chemicals and micro- organisms. Terminology and performance requirements for micro-organisms risks - BS EN ISO 374-5:2016

protective gloves against mechanical risks - BS EN 388:2016+A1:2018

protective gloves and other hand protective equipment against thermal risks (heat and/or fire) - BS EN 407:2020

specification for protective clothing for use where there is a risk of entanglement with moving parts - BS EN 510:2019

protective gloves. General requirements and test methods - BS EN ISO 21420:2020

protective gloves against cold - BS EN 511:2006

Foot protection conforming to:

personal protective equipment. Safety footwear - BS EN ISO 20345:2022

safety footwear with resistance to chain saw cutting - BS EN ISO 17249:2013

footwear for firefighters - BS EN 15090:2012

personal protective equipment. Protective footwear - BS EN ISO 20346:2022

personal protective equipment. Occupational footwear - BS EN ISO 20347:2022

Safety harness and associated lanyard conforming to the following:

personal fall protection equipment. Guided type fall arresters including an anchor line. Guided fall type arresters including a rigid anchor line - BS EN 353-1:2014 +A1:2017

personal protective equipment against falls from height. Guided type fall arresters including a flexible anchor line - BS EN 353-2:2002

personal fall protection equipment. Lanyards - BS EN 354:2010

personal protective equipment against falls from a height. Energy absorbers - BS EN 355:2002

personal protective equipment for work positioning and prevention of falls from a height – Belts and lanyards for work positioning or restraint - BS EN 358:2018

personal protective equipment against falls from height. Retractable type fall arresters - BS EN 360: 2002*

personal protective equipment against falls from height. Full body harnesses - BS EN 361:2002*

personal protective equipment against falls from height. Connectors - BS EN 362:2004*

personal protective equipment against falls from a height. General requirements for instructions for use, maintenance, periodic examination, repair, marking and packaging - *See BS EN 365:2004 for marking requirements.

code of practice for selection, use and maintenance of personal fall protection systems and equipment for use in the workplace - BS 8437:2005+A1:2012

Or where the use of portable ladders is necessary, such ladders to be used in conjunction with the guidance contained in Chapter 17 in the Code of Safe Working Practices for Merchant Seafarers.

Either a MCA approved lifejacket or a personal flotation device conforming as appropriate to one of the following, taking into account the area of operation.

personal flotation devices. Accessories. Safety requirements and test methods - BS EN ISO 12402-8:2020

personal flotation devices. Special application lifejackets and buoyancy aids. Safety requirements and additional test methods - BS EN ISO 12402-6:2020

personal flotation devices. Lifejackets, performance level 150. Safety requirements - BS EN ISO 12402-3:2020

personal flotation devices. Lifejackets, performance level 275. Safety requirements - BS EN ISO 12402-2:2020

Partially inherent lifejackets must have at least 89 N of inherent buoyancy and with the inflatable sections relying on automatic inflation.

Specific to the fishing industry only: guidance has been provided within MGN 588 (F) Amendment 1 Compulsory Provision and Wearing of PFDs on fishing vessels

live working. Gloves of insulating material - Rubber gloves conforming to: BS EN 60903:2003

specification for sleeves of insulating material for live working - Protective sleeves conforming to: BS EN 60984:1993

live working. Electrical insulating matting - An insulating mat (except where specially insulated flooring is installed) conforming to: BS EN 61111:2009

live working. Footwear for electrical protection - Insulating footwear and overboots - BS EN 50321-1:2018

live working. Protective clothing against the thermal hazards of an electric arc – Requirements - BS EN 61482-2:2020

Rubber soled footwear (no standard necessary)

Note: gloves, sleeves and mats must protect against the appropriate voltage.

BS EN ISO 11612:2015

protective clothing. Clothing to protect against heat and flame. Minimum performance requirements

overalls made of fabric of low flammability (e.g. natural fibres, high cotton content) and with flame retardant finishes.

cotton or cotton polyester clothing with flame-retardant finishes are available to protect against sparks and flame.