MSN1837 (M) Amendment 2 Categorisation of Waters & MSN 1876 (M)

Our Ref: HSR/2/4
Head Office Circular: NP/221/17
20th December 2017

PLEASE RESPOND

The Secretary
ALL BRANCHES
ALL SHIPPING BRANCHES
ALL REGIONAL COUNCILS


Dear Colleague


MSN1837 (M) Amendment 2 Categorisation of Waters & MSN 1876 (M)
Application of the Merchant Shipping (Working Time: Inland Waterways) Regulations 2003 as amended


Please find attached copies of the above-named M Notices.

MSN 1837: defines and sets out the categorisations of waters in the United Kingdom into four categories:

•    Category A: Narrow Rivers and canals where the depth of water is generally less than 1.5 metres.
•    Category B: Wider rivers and canals where the depth of water is generally 1.5 metres or more and where the significant wave height could not be expected to exceed 0.6 metres at any time.
•    Category C: Tidal rivers and estuaries and large, deep lakes and lochs where the significant wave height could not be expected to exceed 1.2 metres at any time.
•    Category D: Tidal rivers and estuaries where the significant wave height could not be expected to exceed 2.0 metres at any time.



MSN 1876: This M-notice is of particular interest to our members working for Cal Mac, Wightlink and on the Thames in category A, B, C, and D waters. The notice changes and, in the majority of cases, improves the working hours and annual leave entitlement of workers in these sectors. Many workers in this sector are already governed by this Regulation.

The rights contained in and the application of the M-notice should be agreed between the vessel owners/operators and the trade union.  Although the provisions of the M-notice come into force on 5th January 2018 we have not been contacted by any of the employers who will be responsible for applying this Regulations.

Some vessels operate in category A-D waters and in waters where the Merchant Shipping Regulations apply. However we believe that most vessels that work in both areas spend the majority of their time in category A-D waters in which case these Regulations would have primacy over the Merchant Shipping Regulations.

Branches and individual members should evaluate the impact on there own circumstances and advise the union if they feel they are likely to be disadvantaged and should advise the national union who will take up individual cases.

As well as the copies attached the notices can be accessed online at:

https://www.gov.uk/government/publications/msn-1837-m-amendment-2-categorisation-of-waters
https://www.gov.uk/government/publications/msn-1876-working-time-inland-waterways-regulations-2003-as-amended

Yours sincerely
 
Mick Cash
General Secretary