Health & Safety

The consolidation and simplification of health and safety legislation looks set to continue on into 2014. Revocation of the Docks Regulations 1988 was originally considered before the introduction of the Government’s Red Tape Challenge and Professor Lofstedt’s review. They are now to be revoked in their entirety on 6 April 2014 in an effort to make the legislative framework simpler.

Docks Regulations 1988 impose duties for the management of workers’ health, safety and welfare in relation to port specific activities and risks. It was felt that the Regulations have already been superseded by more recent legislation and, as a consequence, they are to be revoked.

As a result, The Work at Height Regulations 2005 will be amended such that the special provision for people working at height while engaged in dock operations remains.

Docks Regulations 1988 are supported by an Approved Code of Practice (ACoP) “Safety in Dock Work” that provided practical guidance on compliance of the Regulations and the Health and Safety at Work Act 1974. The ACoP will be replaced with a simplified ACoP by April 2014.

The Health and Safety Executive has explained that the simplified ACoP is intended to address both the larger end of the industry as well those engaged in port/dock work in small harbours. The focus of the simplified ACoP has been to ensure that all sizes of duty holder can easily understand the key requirements, needed to comply with the general duties under statutory provisions.

Malcolm Mackay

Partner at Brodies LLP
Malcolm is a partner in the Health and Safety Team. He advises clients on Health and Safety and Regulatory matters in the energy sector of the North Sea, North East Atlantic and abroad. Malcolm also works on other contractual and commercial matters such as technical disputes or indemnity (Hold Harmless) contracts arising in the shipping and transport sector.
Malcolm Mackay