Minimum age restrictions

Maritime and Coastguard Agency Log

MERCHANT SHIPPING NOTICE

MSN xxxx (M)

Maritime Labour Convention, 2006:

Merchant Shipping (Maritime Labour Convention)

(Minimum Age) Regulations

Implementation of EC Directive 94/33/EC:

The Merchant Shipping and Fishing Vessels (Health

and Safety)(Employment of Young Persons)

Regulations 1998

Notice to all shipowners, other seagoing vessel owners, operators, managers and

employers of seafarers; masters, officers and seafarers

This notice should be read with the regulations above and with MGN 20(M+F). It replaces

MGN 88 (M+F) for merchant ships and other seagoing ships operating commercially.

For fishing vessels and vessels operating on inland waterways see MGN xxx

Summary

This notice provides information about the minimum age for seafarers and the protection of

young seafarers (under 18 years) working on board UK ships.

 The minimum age for working on a UK seagoing ship is 16 years of age

 Those under the age of 18 years must not be assigned work which is likely to

jeopardise their health and safety, unless they are fully qualified in the relevant skills

or are working under supervision

 The employer must carry out a risk assessment with regard to the particular risks to

young persons

 Those under the age of 18 years may not work at night unless as part of recognised

training.

 In this context, “night” means a period of at least nine hours including the hours

between midnight and 5am

 The minimum hours of rest of seafarers under 18 years are specified.

Certain types of work should not be undertaken by young persons on the grounds that such

work is likely to jeopardise their health and safety.

1. Introduction

1.1 The Merchant Shipping (Maritime Labour Convention) (Minimum Age) Regulations 2013

(S.I. 2013/xxxx) (the “Minimum Age Regulations”) prohibit any person under the age of 16

years from working on a ship. This applies whether the seafarer is employed or self-

employed. These Regulations come into force on DDMMYY.

1.2 The Merchant Shipping and Fishing Vessel (Health and Safety at Work) (Employment of

Young Persons) Regulations 1998 (SI 1998/2411) (“the Young Persons Regulations”)

implemented for the maritime sector EC Directive 94/33 EC on the protection of young

people at work. The Young Persons Regulations, which are in force, prohibit young

persons from undertaking certain types of work. The prohibited work is work which is likely

to jeopardise their health and safety.

1.3 This MSN provides information to shipowners and employers on the types of work that are

prohibited, and sets out mitigating measures for other types of work which are considered

likely to jeopardise the health and safety of young persons – see paragraph 3.3. This

information has been agreed following consultation with shipowners and seafarers’

representatives.

1.4 Together the Regulations bring the United Kingdom into full compliance with the Maritime

Labour Convention 2006 in respect of protection for young persons at work.

Background

2.1 The Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997

(the “General Duties” Regulations) require employers to assess the risks to their workers’

health and safety arising from the work being undertaken, and to introduce measures to

remove those risks entirely or, where that was not possible, reduce those risks as far as

was reasonably practicable.

2.2 Young workers are particularly at risk because of their general lack of awareness of risks,

due to their immaturity and inexperience. The Young Persons Regulations supplement and

expand the provisions of the General Duties regulations by setting out specific measures to

be taken in respect of the particular risks to young persons at work. This Merchant

Shipping Notice provides advice on employers’ responsibilities in relation to those workers

and specifies the types of work which are regarded as potentially hazardous to young

persons, jeopardising their health or safety, and which should not be undertaken by them,

The Notice also advises on what mitigating measures should be in place to enable such

work to be undertaken.

2.3 For the purpose of the Minimum Age Regulations and the Young Persons Regulations, a

young person is someone aged between 16 and 18 years of age. Persons under 16 years

of age are classified as children and are prohibited from working on sea-going ships.

3. Minimum Age – additional guidance

3.1 No seafarer may be employed on a sea-going UK ship under the age of 16 years.

3.2 Work experience on a ship is considered by the Maritime and Coastguard Agency to

constitute work and accordingly the same limits apply. However “work shadowing” where

children observe but do not participate in any work on ships is permitted, subject to the risk

assessments having been undertaken and appropriate safety measures put in place.

3.3 The age limit for working on fishing vessels

and on ships which do not go to sea is

governed by section 55 of the Merchant Shipping Act 1995. No-one may work on such

vessels when under school leaving age.

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3.4 Children (i.e. those under school leaving age) who work ashore but part of whose duties

may require them to spend some time on board vessels (e.g. in a catering company,

servicing vessels in a boatyard) may work in any inland waters (Category A to D) where

permitted by local authority byelaws and within the constraints of the booklet “Guidance on

the Employment of Children” published by the Department for Children, Schools and

families:www.education.gov.uk/publications/standard/publicationDetail/Page1/DCSF-

00827-2009.

4. Duties of employers

4.1 Risk assessment

4.1.1 As with the General Duties regulations, the Young Persons Regulations place duties

on the employer or, where the employer is not “in control of the matter” because he is not

responsible for the operation of the ship, additionally on any person who is in control of the

matter.

4.1.2 In carrying out the risk assessment required by regulation 7 of the General Duties

regulations, the Young Persons Regulations require the employer to take particular

account of the risks which might arise to young persons as a result of their inexperience,

lack of awareness of risks, immaturity etc. In this context the Young Persons Regulations

specify the following areas for particular attention:

 the fitting out and layout of working areas;

 the nature, degree and duration of exposure to physical, biological and

chemical agents;

 the form, range and use of work equipment and the way in which it is handled;

 the organisation of processes and activities;

 the extent of the health and safety training provided or to be provided to the

young persons concerned and;

 risks from agents, processes and work listed in the schedule to the regulations.

4.1.3 Annex 1 provides advice on the risks covered by the schedule and ways of avoiding

or reducing them.

4.1.4 In the context of risk assessment, employers are required to ensure that no young

persons are engaged in work specified below, as it is likely to jeopardise their health or

safety. Such work is any work:

 which is beyond their physical or psychological capacity

 involving harmful exposure to agents which are toxic, carcinogenic, cause

heritable genetic damage or harm to the unborn child, or which in any other way

chronically affect human health

 involving harmful exposure to radiation

 involving the risk of accidents which it may be assumed cannot be recognised

or avoided by young workers owing to their insufficient attention to safety or

lack of experience or training

 involving a risk to health from

 extreme cold;

 extreme heat;

 noise;

 vibration;

 optical radiation or;

 electromagnetic fields.

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4.1.5 Employers are also required to inform young persons of any risks to their health

and safety identified in these areas. This is in addition to any information supplied

under the General Duties regulations with regard to the general risk assessment for all

workers.

4.1.6 It is for individual employers to decide whether the assessment of risks to young

persons under these regulations is carried out as an integral part of the assessment

process required by the General Duties regulations, or as a separate exercise. It might

be helpful to consider developing generic risk assessments for the employment of

young people. These will be pertinent where young people typically undertake a series

of tasks or duties. A generic risk assessment would need to be revised to address

additional work not covered by the original assessment or if an individual young person

might face greater risks e.g. as a result of a medical condition.

4.1.7 Exceptions are allowed to the above restrictions and prohibition where the activity

in question is indispensable for vocational training and is performed under the

supervision of a competent person. This means, for example, that a trainee who is

following a structured training programme and is working alongside an experienced

person or under direct supervision, may, as a part of that training, carry out activities

which fall within the criteria listed. This in no way detracts from the principle that the

employer has a duty to ensure the health and safety of the young person at work at all

times. Appropriate controls must be in place which reduces any risk to the minimum

that is reasonably practicable.

4.1.8 The competent person appointed to assist the employer with health and safety

under the General Duties regulations must under those regulations, be provided with

any information relevant to that role. This should include being notified of any young

persons employed on the ship and of any risks identified specifically in relation to them

under regulation 5.

5. Hours of rest

5.1 Regulation 6 stipulates minimum daily and weekly rest periods and rest breaks for young

workers. This regulation does not apply to young workers on fishing vessels, since the

fishing patterns followed by most vessels do not allow for pre-set working hours for the

crew. The employer of young workers on a fishing vessel is nevertheless required to

ensure that, where the provisions are not complied with, any young person concerned is

provided with compensatory rest periods which are equivalent to those required by the

provisions of the Regulation 6.

5.2 For vessels other than fishing vessels, the basic principle is that young persons should be

provided with a minimum of 12 consecutive hours rest in every 24 hour period; and a rest

period of at least 2 days in every week (see also paragraph 4.1) Where a young person’s

daily working time is more than four and half hours, they should be provided with a rest

break of at least 30 minutes which should be consecutive if possible.

5.3 It is recognised that if applied rigidly, the minimum rest requirements could restrict the

employment of young persons on board ship, since they cannot be fitted into the operating

schedules of many ships. There is therefore provision for the daily and weekly rest periods

to be interrupted where periods of work are split up over the day or of short duration; and

for the 2 day weekly rest period to be reduced to no less than 36 hours where this is

justified by technical or organisational reasons.

5.4 In addition, derogations are built into the regulations where the young person concerned is

working to a properly agreed schedule of duties. This may either be a schedule complying

with the merchant shipping rules on hours of work, or another “relevant agreement”. Annex

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2 gives guidance on “relevant agreements”. In either case, where such a schedule or other

relevant agreement is in place, the rest periods above do not apply provided that schedule

or agreement provides for compensatory rest time and that the employer ensures that the

hours worked do not put at risk the health and safety of the young person.

5.5 Time spent training constitutes working time. This includes time spent undergoing formal

instruction at college or on training courses away from the ship, as well as training received

on board. It does not include private study time either on board or ashore.

6. Night work

6.1 In addition, the Minimum Age Regulations prohibit those under the age of 18 being

engaged in night work except in specified circumstances, which are when

 effective training of the seafarers concerned in accordance with established

programmes and schedules would be impaired, and

 .the specific nature of the duty of the seafarer concerned, or a recognised training

programme requires -

o that the seafarers perform duties at night, and

o the work involved in those duties falls within a category described in paragraph

6.3

6.2 The MLC allows that the competent authority may determine, after consultation with the

shipowners’ and seafarers’ organisations concerned, that the work will not be detrimental

to their health or well-being.

6.3 The following established work programmes and schedules of training fall within the

exception in paragraph 6.1:

 any Deck Officer training under STCW Regulations II/1, II/2 and II/3;

 any Engineer Officer training under STCW Regulations III/1, III/2 and III/3;

 any Navigational watch Rating training under STCW Regulation II/4;

 any Engine Room watch Rating training under STCW Regulation III/4 ;

 any training of Ratings as AB, Deck or Engine;

 any training of Electro-technical Officers under STCW Regulation III/6;

 any training of Electro-technical Ratings under STCW Regulation III/7;

 any training of Radio personnel under STCW Regulation IV/2;

 any training for alternative certification under STCW Regulation VII.

7. Health assessment

7.1 Under the General Duties regulations the employer is required to provide for health

surveillance of workers where appropriate. Annex 2 to MGN 20 (M+F) provides guidance

on when surveillance is appropriate.

7.2 Under the Young Persons Regulations, where the risk assessment carried out under

regulation 5(2) identifies a risk to the health and safety of young persons, or where any

young person is required to work at night (other than in exceptional circumstances), the

young persons concerned are entitled to free assessment of their health and capacities

before starting work and regular monitoring thereafter. This monitoring is required only so

long as night work continues, unless there are other factors arising from the work which

may have long term consequences to health.

8. Medical certificates

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8.1 Any young person employed on a UK ship must be in possession of a current medical

fitness certificate. In case of merchant seafarer this means a fitness certificate which

complies with the requirements of the Merchant Shipping (Medical Certification) (Maritime

Labour Convention) Regulations 2010. Such certificates are valid for 1 year. Further

information is contained in Merchant Shipping Notice 1822 (M).

9. Record of young persons

9.1 The master is required to hold a record, as part of the List of Crew, of any young persons

engaged as workers on the ship together with their dates of birth and date of engagement

on the ship. A summary of the provisions of the Merchant Shipping and Fishing Vessels

(Employment of Young Persons) Regulations must also be included in the folder enclosing

the list of crew. Form MSF4129 (Annex 3) produced by the MCA should be used for this

purpose. Copies can be downloaded from the MCA website at www.dft.gov.uk/mcga.

Alternatively employers may produce their own versions providing they replicate the format

and text of MSF4129.

10. General Health and Safety

10.1 When considering the employment of young persons, employers should have regard to all

current health and safety regulations produced by the Maritime and Coastguard Agency as

well as the related Merchant Shipping Notices and Marine Guidance Notes.

10.2 Measures should also be taken by the employer to bring to the attention of young persons

information concerning the prevention of accidents and the protection of their health on

board ships. Such measures could include adequate instruction in courses, official accident

prevention publicity intended for young persons and professional instruction and

supervision of young persons.

10.3 Education and training of young persons both ashore and on board a ship should include

guidance on the detrimental effects on their health and well-being of the abuse of alcohol

and drugs and other potentially harmful substances, and the risk and concerns relating to

HIV/AIDS and of other health risk related activities.

11. Further guidance for the well-being of young persons

11.1 If, after a seafarer under the age of 18 years has served on a ship for at least four months

during their first foreign-going voyage, it becomes apparent that they are unsuited to life

at sea, they should be given the opportunity of being repatriated at no expense to

themselves from the first suitable port of call in which there are consular services of the

flag State, or the State of nationality or residence of the young seafarer.

12. HSE Website

12.1.Further guidance on specific risks are available on the HSE website :

http://www.hse.gov.uk/youngpeople/risks/

More Information

Seafarer Safety and Health Branch

Maritime and Coastguard Agency

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Bay 1/29

Spring Place

105 Commercial Road

Southampton

SO15 1EG

Tel : +44 (0) 23 8032 9328

Fax : +44 (0) 23 8032 9251

e-mail: seafarer.s&[email protected]

General Inquiries: [email protected]

MCA Website Address: www.dft.gov.uk/mca

File Ref: MC 18/1/56

Published: April 2013

Please note that all addresses and

telephone numbers are correct at time of publishing

Safer Lives, Safer Ships, Cleaner Seas

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Annex 1

HAZARDS, RISKS AND WAYS OF AVOIDING THEM

 The table lists the agents, processes and work taken from the annex to the European

directive on the protection of young people at work (94/33/EC) which the European

Union considers are likely to give rise to dangers to young people (see para 3.3 of this

Notice).

 Where these are considered likely to apply to young workers on ships, advice is given

on what risks may arise, and how they should be avoided.

 The advice is generally based on the HSE publication Young People at Work – A

Guide for Employers but with the addition of some ship specific provisions.

Lists of agents,

processes and work

Risk How to avoid risk

WORK OBJECTIVELY BEYOND PHYSICAL OR PSYCHOLOGICAL CAPACITY

Physical capacity:

e.g. the lifting, moving

or carrying of heavy

loads or objects or

similar work which is

beyond their physical

capacity

Accidents, injuries and or

musculoskeletal disorders

which can occur in jobs that

require repetitive or forceful

movements, particularly in

association with awkward

posture or insufficient recovery

time

The risk assessment should take

account of the physique and

general health, age and

experience.

Training and appropriate

supervision should be provided.

Work the pace of Young people may be more at The risk assessments should take

which is determined risk as their muscle stretch may account of age and experience.

by machinery and not be fully developed, and they

which involves may be less skilled in handling Training and appropriate

payment by results techniques or in pacing the

work according to capacity.

They may also be more subject

to peer pressure to take on

tasks that are too much for

them or to work more quickly.

supervision should be provided.

Psychological Although there will large The risk assessment should focus

capacity individual differences in the

psychological capacity of young

people based on differences in

training, experience, skills,

personality and attitudes in the

vast majority of jobs there is no

difference in the kind of mental

and social skills used by young

people and adults.

on critical tasks which rely on skill,

experience and an understanding

of the task requirements. Training

and effective supervision should be

provided, particularly where the

young person might be using

machinery with exposed

dangerous parts.

WORK INVOLVING HARMFUL EXPOSURE TO AGENTS WHICH ARE TOXIC,

CARCINOGENIC, CAUSE HERITABLE GENETIC DAMAGE, OR HARM TO THE UNBORN

CHILD, OR WHICH IN ANY OTHER WAY CHRONICALLY AFFECT HUMAN HEALTH

Physical agents:

Work in high pressure

atmospheres

There are three types of health

problem which can be caused

by working in compressed air:

Barotrauma: where a change

in surrounding pressure causes

On the UKCS, divers must have an

HSE certificate of competence or

equivalent, be fit and must have a

valid certificate of medical fitness

to dive. There is no minimum age

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direct damage to those air-

containing cavities in the body

which are directly connected

with the surrounding

atmosphere, principally the

ears, sinuses and lungs.

Decompression illness: which

mostly occurs as a condition

involving pains around the

joints, or, more rarely, as a

serious, potentially life-

threatening condition which may

affect the central nervous

system, the heart or the lungs.

Dysbaric osteonecrosis:

which is a long-term condition

damaging the long bones, hip or

shoulder joints.

Young people’s bones are not

fully developed and may be at

greater risk of long-term harm.

limit for divers. However, it is

unusual for anyone below school

leaving age to undergo diver

training and no one under 18 is

accepted for work by employers

offshore.

Noise

There is no evidence that young

people face greater risk of

damaged hearing from

exposure to noise than other

workers.

Reference documents: Merchant

Shipping and Fishing Vessels

(Control of Noise at Work)

Regulations 2007 and Marine

Guidance Note 352 (M+F)

Compliance with the regulations

will protect the hearing of most

young people. Ensure that a

competent person supervises the

wearing of ear protection to ensure

it is worn properly, during exposure

to loud noise.

Hand-arm vibration

There is no evidence that young

people face greater risk of

developing hand-arm vibration

syndrome (vibration white

finger) following exposure to

hand-arm vibration than other

workers. However there is an

increased risk in the onset of

non-occupational Raynaud’s

disease during adolescence

which can give similar

symptoms to vibration white-

finger. Young persons with non-

occupational Raynaud’s

disease should not be exposed

to hand-arm vibration.

Reference documents: the

Merchant Shipping and Fishing

Vessels (Control of Vibration at

Work) Regulations 2007 and

Marine Guidance Note 353 (M+F).

Action should be taken to protect

young persons where exposure

exceeds an acceleration of 2.5

m/s

. Employers will need to

consider a programme to control

the significant risks identified in the

risk assessment including

identification of hazardous

equipment/tasks; limiting exposure

to 1 m/s

normalised over 8 hours

(A(8)), by reducing either time of

exposure and/or vibration level;

providing competent supervision;

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and health surveillance.

Whole body vibration

Regular exposure to low

frequency vibration, or to

shocks, for example working in

fast rescue craft, may be

associated with back pain and

other spinal disorders. Younger

workers may be at increased

risk of damage to the spine as

the strength of the muscles is

still developing and the bones

do not fully mature until around

the age of 25.

Reference documents: Merchant

Shipping and Fishing Vessels

(Control of Vibration at Work)

Regulations 2007; Marine

Guidance Notes MGN 353 (M+F)

and MGN 436 (M+F)

Action should be taken to protect

young persons when exposure

exceeds an acceleration of 0.5

m/s

Employers will need to

consider a programme to control

the significant risks identified in the

risk assessment including:

identification of hazardous

equipment/tasks; limiting exposure

by reducing the time and/or level;

producing information and training

on how to minimise the risk; and

health monitoring.

Biological agents Despite physical and Reference documents: the

(micro-organisms) psychological immaturity, young

persons are no more likely to

contract infections from

biological agents than adults.

Like any other workers they

may be at greater risk if they

suffer from any other disease,

are taking medication or are

pregnant.

Merchant Shipping and Fishing

Vessels (Health and Safety at

Work) (Biological Agents)

Regulations 2010 and MGN 408

(M+F).

Precautions should be taken to

protect all workers against risk of

infection at work and of acquiring

an allergy to certain microbes,

regardless of their age or state of

health. Following a risk

assessment approach, control

measures can be as simple as

maintaining high standards of

hygiene i.e.. hand washing or use

of gloves. Where available,

vaccination should be offered as a

supplement to procedural or

physical controls.

Chemical agents: Young people are not Reference documents: Merchant

Very toxic, toxic,

physiologically at any greater Shipping and Fishing Vessels

harmful, corrosive and

risk from exposure to such (Health and Safety at

irritant substances

substances than anyone else.

However, young people may

lack awareness of hazards and

risks to their health.

Work)(Chemical Agents)

Regulations 2010 as amended and

MGN 409(M+F) and MGN

454(M+F)

Chapter 27 of the Code of Safe

Working Practices for Merchant

Seamen

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Employers should assess the

health risks to young people,

arising from work with such

substances, and where appropriate

use a safer substance or change

the process to avoid its use.

Where information is supplied with

the substance, for example under

CHIP or COSHH regulations,

particular attention should be paid

to such information.

Workers should be given any

relevant information affecting their

health and safety, instruction and

training in the safe handling and

use of the substance, and be

provided with adequate

supervision within a safe system of

work.

Carcinogenic Some substances (carcinogens) Reference documents: Merchant

substances may cause cancer. They need

special consideration because

of that property – they have no

special effect on young people.

Shipping and Fishing Vessels

(Health and Safety at Work)

(Carcinogens and Mutagens)

Regulations 2007 and Marine

Guidance Note 356.

Many of these substances can be

identified from the label or safety

data sheet (where supplied) for the

substance, which will say “May

cause cancer”.

Exposure is to be reduced to as

low a level as reasonably

practicable.

Mutagens Some substances may impair

people’s ability to have children

or may damage the unborn

child.

Reference document:

MGN 460(M+F) New and

Expectant Mothers

Exposure is to be reduced to as

low a level as reasonably

practicable.

Substances causing Some substances can cause HSE guidance on preventing

allergic reactions allergic reactions in people. This

may give them dermatitis or

asthma.

These substances do not affect

young people any differently

from adults.

asthma at work and dermatitis,

gives practical advice on

preventing risk to all workers.

General guidance on hazardous

substances is contained in Chapter

27 of the Code of Safe Working

Practices for Merchant Seamen.

Lead and lead Young people are not See above on chemical agents.

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compounds physiologically at any greater

risk from exposure to lead and

its compounds than anyone

else.

Lead and its inorganic

compounds are known to

produce diverse biological

effects in humans depending on

the exposure level. These range

from minor biochemical

changes in the blood, to severe

irreversible or life threatening

disruption of body processes, in

particular the nervous system

and the kidneys. There are also

concerns about the effects of

lead on the quality of semen

and on the unborn child.

The toxic effects of lead alkyls

are primarily neurological or

psychiatric. Symptoms include

agitation, insomnia, dizziness,

tremors and delirium, which can

progress to mania, coma and

death. These symptoms are

accompanied by nausea,

vomiting and abdominal pain.

The actual risk can only be

determined following a risk

assessment of the particular

circumstances under which

there is exposure at the place of

work. However, young people

may not appreciate the dangers

to their health or they may not

understand or follow

instructions properly because of

their immaturity

Lead may be found in some paints.

Guidance on precautions to be

taken while painting or cleaning or

rubbing down painted surfaces, are

contained in Chapter 24 of the

Code of Safe Working Practices for

Merchant Seamen.

Employers should ensure that they

adequately control the exposure of

young people to lead and its

compounds. Special attention

should be paid to the provision of

information, instruction and

training, and to the provision of

adequate supervision within a safe

system of work.

Asbestos Young people are not

physiologically at any greater

risk from exposure to asbestos

than anyone else. However,

young people may not be aware

of the hazards and risk to their

health, or follow instructions

properly because of their

immaturity.

Exposure to asbestos fibres

causes three serious diseases;

o Mesothelioma (a cancer

of the lung lining)

o Lung cancer

(indistinguishable from

Reference documents: Merchant

Shipping and Fishing Vessels

(Health and Safety at

Work)(Asbestos) Regulations 2010

as amended and MGN 429(M+F)

Exposure to asbestos should be

avoided wherever possible, and

where it cannot be avoided

precautions should be taken to

reduce it to as low a level as

possible. Advice is contained in

MGN 429 and in Chapter 27 of the

Code of Safe Working Practices for

Merchant Seamen.

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cancers caused by other

agents)

o Asbestosis (scarring of

the lung tissue)

There are no cures for asbestos

related diseases. These

diseases can take many years

to appear after the period of

exposure (long latency). This

latency effect means that an

exposure occurring at a young

age may be a higher risk than

the same exposure later in life,

simply because a young

persons is more likely to survive

until the time when the disease

is most likely to emerge.

Workers should be given any

relevant information affecting

their health and safety,

instruction and training in the safe

handling and use of the substance,

and be provided with adequate

supervision within a safe system of

work.

WORK INVOLVING HARMFUL EXPOSURE TO RADIATION

Ionising radiation The risk of developing cancer

and hereditary defects from

exposure to ionising radiation,

which increases slightly for

young people, is controlled by

setting statutory annual dose

limits. According to the HSE

website, the main dose limits

which relate to the whole body

dose are the most important

elements in relation to cancer

risk. The limits for young people

per calendar year are:

Regard should be had to the

provisions of MGN 197 and MGN

452(M+F)

In general seafarers may not be

exposed to ionising radiation at

sea although it is possible that

such exposure might occur when

X-ray equipment is being used.



6 millisieverts (mSv) for

trainees under 18 years (30%

of the adult limit). Trainees

(including students) are

defined as being aged 16

years or above receiving

instruction or training

involving work with ionising

radiation.



1 mSv for employees

below 18 years who are not

trainees (the same limit as for

the general public).

Non-ionising radiation

electromagnetic

radiation

Optical radiation: There is no

evidence that young people

face greater risk of skin and eye

damage than other workers.

Reference documents: Merchant

Shipping and Fishing Vessels

(Health and Safety at

Work)(Artificial Optical Radiation)

Regulations 2010 and MGN

428(M+F)

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Electromagnetic fields and

waves: Exposure within

current recommendations is not

known to cause ill health to

workers of any age. Extreme

overexposure to radio-

frequency radiation could cause

harm by raising body

temperature.

Non-binding EU guidance on

artificial optical radiation at work.

Seafarers working in hot climates

are advised to reduce their

exposure to the sun, following

advice in Chapter 12.3 of the Code

of Safe Working Practices for

Merchant Seamen. If it is

necessary to work in direct

sunlight, appropriate clothing

should be worn to protect both

head and body.

Reference document: EC Directive

2004/40/EC on the protection of

workers from the risks related to

exposure to electromagnetic fields

at work. [under review]

Exposure to electric and magnetic

fields should not exceed the

restrictions on human exposure

published by the Radiation

Protection Division of the Health

Protection Agency.

WORK INVOLVING THE RISK OF ACCIDENTS WHICH IT MAY BE ASSUMED CANNOT

BE RECOGNISED OR AVOIDED BY YOUNG WORKERS OWING TO THEIR

INSUFFICIENT ATTENTION TO SAFETY OR LACK OF EXPERIENCE OR TRAINING

Manufacture and

handling of devices,

fireworks or other

objects containing

explosives

It may be necessary to explain the

safe handling of pyrotechnics such

as distress flares, rockets, line

throwing devices, floating smokes,

life raft signals and man overboard

markers.

Work with fierce or

poisonous animals

Unlikely to be relevant to work

on ships.

Animal slaughtering

on an industrial scale

Unlikely to be relevant to work

on ships.

Work involving the

handling of equipment

for the production,

storage or application

of compressed,

liquefied or dissolved

gases.

Work involving the

operation of high risk

lifting equipment or

acting as signallers to

operators of such

equipment.

ILO Convention 152 Article 38

There may be substantial risks

associated with the use of lifting

accessories, for example during

‘slinging’ and employers need to

assess whether such work is

appropriate for young people.

Reference documents: Merchant

Shipping and Fishing Vessels

(Provision and Use of Work

Equipment) Regulations 2006;

Merchant Shipping and Fishing

Vessels (Lifting Operations and

Lifting Equipment) Regulations

2006 and the respective Marine

Guidance Notes MGN 331 and

- 10 -

MGN 332.; Code of Safe Working

Practices for Merchant Seamen

Chapter 21.

Young people may use high-risk

lifting machinery under training as

long as they are adequately

supervised. They should also be

supervised after training if

considered not sufficiently mature.

Working involving the

operation of power

machinery or tools

Young people (under 18 years)

should not be allowed to use

power machinery or tools

unless they have the necessary

Reference documents: Code of

Safe Working Practices for

Merchant Seamen, Chapter 20

sections 20.4 to 20.8

maturity and competence which

includes having completed

appropriate training.

Young people may operate power

equipment and tools during training

providing they are sufficiently

mature and are adequately

supervised. They should also be

properly supervised after training

until they reach the appropriate

level of competence and can work

safely unsupervised.

Entry into boilers, Risk from depleted oxygen Reference documents: Merchant

tanks and cofferdams. levels, toxic gases, risk of

explosion.

Shipping (Entry into Dangerous

Spaces) Regulations 1988;

Chapter 17 of the Code of Safe

Working Practices for Merchant

Seamen; Marine Guidance Note

423(M+F);

Young persons may do this work

under training and with adequate

supervision.

Handling mooring or Risk being struck by or striking Reference documents:

tow lines or anchoring another person when lines are Code of Safe Working Practices for

equipment thrown; risk from parting of

ropes and cables under tension.

Merchant Seamen Chapter 25

Marine Guidance Note 308 (M+F)

which deals with Mooring, Towing

or Hauling Equipment On All

Vessels – Safe Installation and

Safe Operation.

Flammable liquids Accidental spills can cause fires

or explosions

Flammable liquids should be

used only for their intended

purposes: using them for other

purposes may lead to fires or

explosions

It may be necessary to explain the

basics of flammability and what to

do if liquid is spilt. It may also be

necessary to point out the dangers

of using liquids, such as petrol for

cleaning machinery.

Flammable gases Leaking gas from pipes, It may be necessary to explain

- 11 -

appliances or cylinders can basics of flammability; people need

cause fires or explosions. to know how to detect leaking gas

and what to do in the event of a

gas leak.

Gas cylinders There is no evidence that young

people face greater physical

risks from a release of stored

energy than other workers.

Leaking gas from cylinders may

cause fires or explosions.

Physical damage to cylinders

may cause leaks. Heavy

cylinders may cause physical

injury if not properly handled.

Application of heat to gas

cylinders may cause them to

burst possibly resulting in

“shrapnel” type explosion.

Alternatively the contents may

be vented through a pressure

release valve resulting in fire or

explosion.

It may be necessary to explain the

basics of flammability; people need

to know how to detect leaking gas

and what to do in the event of a

gas leak.

Gas cylinders need to be properly

handled, both to avoid the danger

of fire or explosion, and the risk of

physical injury to the worker, e.g.

crushed toes.

Gas cylinders need to be safely

and used away from direct sources

of heat. Guidance is contained in

Chapter 23, Section 8 of the Code

of Safe Working Practices for

Merchant Seamen.

Work with tanks etc

containing chemical

agents

This applies particularly to work

on chemical tankers or any

work involving handling or

working near to substantial

quantities of substances

hazardous to health. There is a

risk of fire or explosion where

there is an explosive

atmosphere or where spills or

leaks of flammable substances

are readily foreseeable. There

is also a risk of ignition of a

flammable liquid which has

splashed or soaked into

clothing.

The risk assessment should

consider issues such as:

o how to ensure that young

people will follow

emergency procedures

properly if containment is

lost; and

o how to ensure that young

people behave responsibly

when working near

quantities of chemicals that

have the potential to cause

serious harm: e.g. making

young workers aware of the

dangers of introducing

ignition sources in these

situations.

Handling or taking

charge of ship’s boats

WORKING IN EXPOSED POSITIONS

Working at height,

rigging

Risk of falling or dropping items

on workers below through lack

of concentration or lack of

experience

Only to work under supervision.

Chapter 15 of the Code of Safe

Working Practices for Merchant

Seamen. Marine Guidance Note

410 (M+F) gives general guidance

on working at height.

Working at height or

over the side.

Risk from falling from aloft or

over the ship’s side or into the

water.

Only to work under supervision.

Chapter 15 of the Code of Safe

Working Practices for Merchant

- 12 -

Seamen. Marine Guidance Note

410 (M+F) gives general guidance

on working at height.

Working on deck in

heavy weather.

Risk of injury or of getting

washed over the ship’s side

Reference documents:

Code of Safe Working Practices

for Merchant Seamen, section 13.9

Work involving risk of May be relevant for cargo Cargo should be stowed and

structural collapse stacking and movement of

ships’ stores

secured in accordance with the

Cargo Securing Manual and where

work is to be carried out near a tall

stack of cargo or stores, the stack

should be secured to prevent it

falling. Young workers should only

do such work if properly trained or

if they are under supervision of a

trained person.

OPERATING HAZARDOUS EQUIPMENT

Servicing of electrical

equipment

Risk of electric shock or other

injury if equipment not properly

isolated from a power source.

Regard should be had to the

provisions of the Merchant

Shipping and Fishing Vessels

(Provision and Use of Equipment)

Regulations 2006 and Marine

Guidance Note 331

Work involving high-

voltage electrical

hazards.

The risk is one of electric shock,

burns or electrocution. There is

no evidence that young people

face greater physical risk from

electricity than other workers.

Reference documents: MGN

452(M).

As with adults, young people

should not undertake work

involving electricity unless they

have the necessary knowledge

and/or experience to prevent

danger or injury; or are under an

appropriate level of supervision

having regard to the nature of the

work.

Cleaning of catering

machinery

Risk of injury from moving or

sharp parts

Regard should be had to the

provisions of the Merchant

Shipping and Fishing Vessels

(Provision and Use of Equipment)

Regulations 2006 and Marine

Guidance Note 331. (See the Code

of Safe Working Practices for

Merchant Seamen (CSWP) section

14.7.6: unless properly supervised

young persons must not clean a

machine with dangerous parts)

Use of ship’s laundry

equipment

Young persons must be fully

trained and if appropriate closely

supervised by a competent person

(see Code of Safe Working

Practices for Merchant Seamen

section 20.12.1)

WORK IN WHICH THERE IS A RISK TO HEALTH FROM EXTREME COLD OR HEAT

Extremes of cold or Exposure to extreme cold Depending on the findings of the

- 13 -

heat carries risks to workers of all risk assessment, the provision of

ages. These are principally appropriate protective clothing and

hypothermia and local cold control of periods of exposure will

injury (frostnip/frostbite). People help to minimise the risk.

of all ages vary in their ability to

tolerate cold conditions.

Exposure to extreme heat Any intended exposure to heat

carries risks for workers of all must be carefully assessed and

ages. These include collapse the risks can be minimised by

due to heat exhaustion or measures such as introducing

potentially fatal heat stroke. suitable work patterns, prior

Protective clothing may medical assessment of workers

exacerbate the problem by and proper supervision of the work.

preventing the body from losing

heat normally. There are no Guidance on the precautions for

special considerations for young work in hot climates is given in

people – their response to work Section 12.3 of the Code of Safe

in hot conditions will depend on Working Practices for Merchant

physical fitness, physique and Seamen.

past experience of hot

conditions, which will be

variable.

- 14 -

Annex 2

RELEVANT AGREEMENTS

A relevant agreement is defined in the MS and FV (Health and Safety at Work) Regulations as

follows:

“relevant agreement” in relation to a worker, means a workforce agreement which applies to

him, any provision of a collective agreement which forms part of a contract between him and

his employer, or any other agreement in writing which is legally enforceable as between the

worker and his employer”

“workforce agreement” means an agreement between an employer and workers employed by

him or their representatives in respect of which the conditions set out in the Schedule to the

Working Time Regulations 1998 are satisfied”

The following guidance, reproduced from “A Guide to Working Time Regulations, published by

the Department of Trade and Industry in September 1998

, describes workforce agreements

as defined in the Schedule.

WORKFORCE AGREEMENTS

The regulations provide a mechanism for employers to agree working time arrangements with

workers’ representatives, who do not have any terms or conditions set by a collective

agreement, and whether or not a schedule of hours of work is required under the Merchant

Shipping (Safe Manning, Hours of Work and Watchkeeping) Regulations 1997 (regulation 9).

In the regulations, this is called a workforce agreement. This allows employers to agree on

how to use the flexibility provided by the Regulations and clarify other matters. A workforce

agreement may apply to the whole of the workforce or a group of workers within it. Where it is

to apply to a group of workers, the group must share a workplace, function or organisational

unit within a business.

As a first step, employers should determine at what level they wish to make an agreement and

then take steps to provide for representatives of the workers to be elected to negotiate it. To

arrange the election of workforce representatives, the employer should

a. decide on the number of representatives – this will depend on the size of the

workforce or the group to be represented; it is suggested that the number be

sufficiently large to be representative of the workers concerned, though not so large

as to make negotiations unwieldy;

b. ensure so far as is reasonably practicable that the elections must be conducted by

secret ballot; in practice it would be rare for this not to be possible;

c. ensure that the votes are counted fairly and accurately; the employer may wish to

consider enlisting an independent body to verify this;

d. allow each worker a vote for each representative to be elected to represent them; and

e. ensure that candidates are members of the workforce on the date of the election, or,

in the case of a group, a member of the group to whom the agreement is to apply.

No member of the workforce should unreasonably be excluded from standing as a candidate.

To be valid, a workforce agreement must:

a. be in writing

b. have been circulated in draft to all workers to whom it applies together with guidance

to assist their understanding of it;

- 15 -

c. be signed, before it comes into effect, either

 by all the representatives of the members of the workforce or group of workers; or

 if there are 20 workers or fewer employed by a company, either by all the

representatives of the workforce or by a majority of the workforce;

d. have effect for no more than five years.

It will be possible for an elected representative to be elected for other purposes, for example

as a safety representative under the MS and FV (Health and Safety at Work) Regulations

1997. However, it would have to be made clear to those voting that the representatives were

being elected for both purposes.

Modifications for merchant shipping are shown in italics.

- 16 -

ANNEX 3

MSF 4129 (Rev x) (Page 1)

SUMMARY OF THE PROVISIONS OF SECTION 55 OF THE MERCHANT SHIPPING ACT

1995 AND THE MERCHANT SHIPPING AND FISHING VESSELS (HEALTH AND SAFETY

AT WORK) (EMPLOYMENT OF YOUNG PERSONS) REGULATIONS 1998 (AS AMENDED)

(This summary is required to be included in every list of crew by regulation 9)

No person under school leaving age may be employed in any ship. In addition, no person under the age of 16 may

be employed in any sea-going ship.

Where young persons under the age of 18 are employed in a ship, appropriate measures shall be taken to protect

them from the risks to their health and safety which are a consequence of their lack of experience, absence of

awareness of existing or potential risks, or lack of maturity.

Young persons under the age of 18 may not begin work, unless –

• an assessment has been carried out of the risks to their health and safety as a result of their inexperience,

absence of awareness of risks, or lack of maturity.

• the young persons have been informed of the findings of that assessment, and appropriate measures taken

for their protection.

Young persons shall not be employed in work which is objectively beyond their physical or psychological capacity or

otherwise involves exposure to the risks identified in the Schedule to the Regulations, unless that work is–

• indispensable for their vocational training; and

• is performed under the supervision of a competent person.

Young persons shall be provided with

• a rest period of 12 hours in every 24 hour period;

• a rest period of 2 days in every week;

• where daily working time is more than four and a half hours, a rest period of 30 minutes;

except where the young person is working –

• under a schedule of duties complying with regulation 9 of the Merchant Shipping (Safe Manning, Hours of

Work and Watchkeeping) Regulations 1997, or

• under another relevant agreement; or

• on a fishing vessel;’

in which case they shall be allowed compensatory rest time and measures shall be taken to ensure that there is no

risk to their health and safety.

Young persons shall be entitled to a free assessment of their health and capacities before starting work in a ship,

and to free monitoring of their health, where the risk assessment identifies a significant risk to their health or where

they are regularly required to work at night, for as long as they are exposed to that risk.

Young persons shall not be employed in any capacity unelss the Master is in possession of a Medical Certificate

issued by a duly qualified medical practitioner certifying that person is fit to be employed in that capacity. In cases of

urgency a proper officer may authorise a young person to be employed without a certificate up to but not beyond

the first port of call where there is a duly qualified medical practitioner.

The agreement with the crew must contain a list of all members of the crew under 18 years of age with the dates of

birth and dates on which they became employed in the ship.

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MSF 4129 (Page 2)

LIST OF YOUNG PERSONS

Reference

No. in List

of Crew

Family name and other

names in full

Date of

Birth

Place of

Birth

Capacity in which

employed

OFFICIAL ENTRIES ONLY TO BE MADE BELOW HERE

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