||Title:||MERCHANT SHIPPING (SAFETY) (DANGEROUS GOODS AND MARINE POLLUTANTS) REGULATION||Gazette Number:||64 of 1999|
|Section:||3||Heading:||General duties of shipowners, employers and masters||Version Date:||05/11/1999|
(1) Every shipowner, employer of persons aboard a ship and every master of a ship, shall ensure, so far as is reasonably practicable, that when any dangerous goods are being carried, stowed, or handled on the ship or loaded onto or unloaded from the ship, nothing in the manner in which those goods are carried, stowed, handled, loaded or unloaded as the case may be, is such as might create a risk to the health or safety of any person.
(2) Without prejudice to the generality of subsection (1), the matters to which the duty of the shipowner, the employer or the master extends, shall include in particular -
(3) Any person who fails to comply with subsection (1) commits an offence and is liable to a fine at level 3.
(a) the provision and maintenance of ship's equipment for the handling, stowage and carriage of dangerous goods, which shall be, so far as is reasonably practicable, safe and without risk to health;
(b) the provision of such information, instructions, training and supervision as is necessary to ensure, so far as is reasonably practicable, the health and safety aboard the ship of employees in connection with the handling, stowage and carriage of dangerous goods on the ship.
(4) It shall be a defence to a charge under this section in relation to the handling, loading or unloading of dangerous goods that such handling, loading or unloading as the case may be, was carried out in accordance with the Code of Practice for the Handling, Loading and Unloading of Dangerous Goods in Harbour Areas published at Annex 1 to Merchant Shipping Notice No. 1014. (64 of 1999 s. 3)