Dangerous Goods in Harbour Areas Regulations 2016 (DGHAR)

The Dangerous Goods in Harbour Areas Regulations 2016[31] (DGHAR) came into force on 1 October 2016. DGHAR contains a set of safety provisions aimed at safeguarding ports against major accidents involving dangerous goods when they transit through ports, harbours and harbour areas. The purpose of the regulations is to put in place certain specific measures to reduce the risk of a serious incident occurring.

DGHAR revoked and replaced the Dangerous Substances in Harbour Areas Regulations 1987 (DSHAR) together with its associated Approved Code of Practice; removing redundant, superseded and duplicated provisions. The remaining sections were updated and simplified to create a shorter set of regulations.  The definition of dangerous substance in DGHAR is based on that of the International Maritime Organisation's International Maritime Dangerous Goods Code (IMDG Code)[32].

Details of the changes introduced by DGHAR may be found in the Explanatory Memorandum (PDF) [33] of the Statutory Instrument[34].

Guidance on the regulations

DGHAR is supported by an Approved Code of Practice and Guidance (ACOP) L155[35].

Overview

The main provisions of DGHAR are:

  • anyone bringing dangerous goods into a harbour must pre-notify the arrival of the goods to the harbour master and/or berth operator
  • the harbour master is given powers to regulate the movement of dangerous goods within the harbour area when they create risks to health and safety
  • the master of a vessel carrying defined quantities of specified dangerous goods must display appropriate flags and lights
  • harbour authorities must produce emergency plans to deal with potential consequences of an emergency involving dangerous goods in the harbour area, and any 'untoward incidents' (incidents involving or threatening the containment of dangerous goods) must be reported to the harbour master
  • berth operators must provide certain information on emergency arrangements to masters of vessels
  • harbour authorities must provide a designated parking area for road vehicles carrying dangerous goods
  • harbour areas where explosives are to be brought in or handled must be licensed by HSE or, in certain cases, the Office for Nuclear Regulation (ONR). This also applies to any loading or unloading of explosives on the coast of Great Britain or in territorial waters
  • associated safety and security requirements for explosives in harbour areas
  • statutory harbour authorities are given powers to make byelaws on dangerous goods in their harbour area

Other relevant legislation and guidance

Navigation and marking of vessels

The Port Marine Safety Code[36] establishes a national standard for every aspect of port marine safety and aims to enhance safety for those who use or work in ports, their ships, passengers and the environment.

Many ports and harbours have local legislation governing safe navigation and other matters.  Information on this can be obtained from the port in question.

Handling of Dangerous Substances

Handling of dangerous substances on the shore side of a harbour area is subject to duties under the Health and Safety at Work etc Act 1974 as well as various regulations made under it. These include:

Transfer of Liquid Dangerous Substances in Bulk

Ship-to-ship transfer is governed by the Merchant Shipping (Ship-to-Ship Transfer) Regulations 2010[41] and guidance on these regulations is available in the Maritime and Coastguard Agency's Merchant Shipping Notice MSN 1829 (M) (PDF) [42]. Please note this legislation has since been amended several times, details of these amendments are available[43].

Guidance on ship-to-shore transfer of dangerous substances, including a safety checklist, is available in The International Safety Guide for Oil and Tanker Terminals (ISGOTT), 6th Edition[44].

Packaging and labelling of Dangerous Substances

Packaging and labelling of dangerous substances is covered under various pieces of legislation including the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009[45] (CDG) and the Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1997[46]. Please note the CDG regulations have since been amended, details of these amendments are available[47]. Further information is also available in HSE's Carriage of Dangerous Goods Manual[48].

Storage of dangerous substances

Storage of dangerous substances in a harbour area is subject to duties under the Health and Safety at Work etc Act 1974 as well as various regulations made under it. These may include:

Storage of dangerous substances in enclosed or confined spaces on board craft is subject to duties under The Merchant Shipping (Entry into Dangerous Spaces) Regulations 1988[53]. In response to a number of fatal incidents internationally, a public consultation by the Maritime and Coastguard Agency[54] to review these regulations took place during May to July 2021. The findings of the consultation have been published and The Merchant Shipping and Fishing Vessels (Entry into Enclosed Spaces) Regulations 2022 will revoke and replace The Merchant Shipping (Entry into Dangerous Spaces) Regulations 1988.  The consultation report (PDF) [55] is available.

Useful links

Link URLs in this page

  1. Ports and dockshttps://www.hse.gov.uk/ports/index.htm
  2. Overview - Ports industryhttps://www.hse.gov.uk/ports/hse.htm
  3. Key industry stakeholdershttps://www.hse.gov.uk/ports/stakeholders.htm
  4. Enforcing authoritieshttps://www.hse.gov.uk/ports/enforcing.htm
  5. Overview - Legal requirementshttps://www.hse.gov.uk/ports/legal-requirements.htm
  6. Dangerous goods - (DGHAR) https://www.hse.gov.uk/ports/dangerous-goods.htm
  7. Fishing vesselshttps://www.hse.gov.uk/ports/fishing-vessels.htm
  8. FAQs on ports and dockshttps://www.hse.gov.uk/ports/faqs.htm
  9. Overview - Freight container safetyhttps://www.hse.gov.uk/ports/containers.htm
  10. Freight container regulationshttps://www.hse.gov.uk/ports/regulations.htm
  11. Container design and manufacture approvalhttps://www.hse.gov.uk/ports/container-approval.htm
  12. Container examination schemeshttps://www.hse.gov.uk/ports/container-examination.htm
  13. RAIB - accident reportshttps://www.hse.gov.uk/ports/raib.htm
  14. Overview - Topicshttps://www.hse.gov.uk/ports/topics.htm
  15. Workplace transporthttps://www.hse.gov.uk/ports/transport.htm
  16. Lifting operationshttps://www.hse.gov.uk/ports/lifting-operations.htm
  17. Working at heighthttps://www.hse.gov.uk/ports/falls.htm
  18. Dusty cargoeshttps://www.hse.gov.uk/ports/dusty-cargoes.htm
  19. Musculoskeletal disordershttps://www.hse.gov.uk/ports/msd.htm
  20. Whole-body vibrationhttps://www.hse.gov.uk/ports/vibration.htm
  21. Slips and tripshttps://www.hse.gov.uk/ports/slips-and-trips.htm
  22. Confined spaceshttps://www.hse.gov.uk/ports/confined-spaces.htm
  23. Overview - Access to vesselshttps://www.hse.gov.uk/ports/access-to-vessels.htm
  24. Linkspans and walkwayshttps://www.hse.gov.uk/ports/linkspans-walkways.htm
  25. Standards at quayside ladders https://www.hse.gov.uk/ports/quayladder.htm
  26. Overview - Resourceshttps://www.hse.gov.uk/ports/resources.htm
  27. Publications and guidancehttps://www.hse.gov.uk/ports/publications.htm
  28. Case studieshttps://www.hse.gov.uk/ports/case-studies.htm
  29. Statisticshttps://www.hse.gov.uk/ports/statistics.htm
  30. Useful linkshttps://www.hse.gov.uk/ports/links.htm
  31. The Dangerous Goods in Harbour Areas Regulations 2016http://www.legislation.gov.uk/uksi/2016/721/contents/made
  32. International Maritime Organisation's International Maritime Dangerous Goods Code (IMDG Code)https://www.gov.uk/government/publications/international-maritime-dangerous-goods-imdg-code-amendment-2012
  33. Explanatory Memorandumhttps://www.legislation.gov.uk/uksi/2016/721/pdfs/uksiem_20160721_en.pdf
  34. Statutory Instrumenthttps://www.legislation.gov.uk/uksi/2016/721/contents/made
  35. Approved Code of Practice and Guidance (ACOP) L155https://www.hse.gov.uk/pubns/books/l155.htm
  36. Port Marine Safety Codehttps://www.gov.uk/government/publications/port-marine-safety-code
  37. Dangerous Substances and Explosive Atmospheres Regulations 2002 (DSEAR)https://www.hse.gov.uk/fireandexplosion/index.htm
  38. Control of Substances Hazardous to Health 2002 (COSHH)https://www.hse.gov.uk/coshh/index.htm
  39. Regulatory Reform (Fire Safety) Order 2005 (RR(FS)O)http://www.legislation.gov.uk/uksi/2005/1541/contents/made
  40. Fire (Scotland) Act 2005 (F(S)A)http://www.legislation.gov.uk/asp/2005/5/contents
  41. Merchant Shipping (Ship-to-Ship Transfer) Regulations 2010http://www.legislation.gov.uk/uksi/2010/1228/contents/made
  42. Merchant Shipping Notice MSN 1829 (M)https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/440591/1829.pdf
  43. amendments are availablehttp://www.legislation.gov.uk/all?title=merchant%20Shipping%20%28ship%20to%20ship%20transfer%29
  44. The International Safety Guide for Oil and Tanker Terminals (ISGOTT), 6th Editionhttps://www.ocimf.org/publications/books/international-safety-guide-for-tankers-and-terminals-1
  45. Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009http://www.legislation.gov.uk/uksi/2009/1348/contents/made
  46. Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1997http://www.legislation.gov.uk/uksi/1997/2367/contents/made
  47. amendments are availablehttps://www.legislation.gov.uk/all?title=carriage%20of%20dangerous%20goods%20and%20transportable%20pressure%20equipment
  48. HSE's Carriage of Dangerous Goods Manualhttps://www.hse.gov.uk/cdg/manual/index.htm
  49. The Control of Major Accident Hazard Regulations 2015 (COMAH)https://www.hse.gov.uk/comah/index.htm
  50. Dangerous Substances and Explosive Atmospheres Regulations 2002 (DSEAR)https://www.hse.gov.uk/fireandexplosion/index.htm
  51. Control of Substances Hazardous to Health 2002 (COSHH)https://www.hse.gov.uk/coshh/index.htm
  52. Explosives Regulations 2014https://www.legislation.gov.uk/uksi/2014/1638/contents/made
  53. Storage of dangerous substances in enclosed or confined spaces on board craft is subject to duties under The Merchant Shipping (Entry into Dangerous Spaces) Regulations 1988https://www.legislation.gov.uk/uksi/1988/1638/contents/made
  54. Maritime and Coastguard Agencyhttps://www.gov.uk/government/organisations/maritime-and-coastguard-agency
  55. consultation reporthttps://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1024880/Consulation_Report_-_October_2021.pdf
  56. Managing health and safety in dockwork HSG177 HSE 2002https://www.hse.gov.uk/pubns/books/hsg177.htm
  57. International Maritime Dangerous Goods (IMDG) Code 2014 editionhttps://www.tsoshop.co.uk/bookstore.asp?FO=1160650&DI=641115
  58. International Maritime Solid Bulk Cargoes Code (IMSBC)https://www.imo.org/en/OurWork/Safety/Pages/CargoesInBulk-default.aspx
  59. International Convention for the Prevention of Pollution from Ships (MARPOL)https://www.imo.org/en/About/Conventions/Pages/International-Convention-for-the-Prevention-of-Pollution-from-Ships-(MARPOL).aspx#:~:text=The%20International%20Convention%20for%20the,2%20November%201973%20at%20IMO.
  60. Maritime and Coastguard Agencyhttps://www.gov.uk/government/organisations/maritime-and-coastguard-agency
  61. L148 - Safety in docks. ACOPhttps://www.hse.gov.uk/pubns/books/l148.htm
  62. L155 - Dangerous goods in harbour areas Regs 2016https://www.hse.gov.uk/pubns/books/l155.htm
  63. Container approval - Green guidehttps://www.hse.gov.uk/pubns/dis8.htm
  64. Container examination - Yellow guidehttps://www.hse.gov.uk/pubns/dis9.htm
  65. Quick guide to health and safety in portshttps://www.hse.gov.uk/pubns/indg446.htm
  66. Port Skills and Safety https://www.portskillsandsafety.co.uk/resources
  67. Department for Transport - Portshttps://www.gov.uk/transport/ports-harbours-and-offshore-installations
  68. International Maritime Organisation (IMO)http://www.imo.org/
  69. Port skills and safetyhttps://www.portskillsandsafety.co.uk/resources
  70. Logisticshttps://www.hse.gov.uk/logistics/index.htm
  71. Risk managementhttps://www.hse.gov.uk/risk/index.htm
  72. Explosivehttps://www.hse.gov.uk/explosives/index.htm
  73. Work equipmenthttps://www.hse.gov.uk/work-equipment-machinery/index.htm
  74. Work at heighthttps://www.hse.gov.uk/work-at-height/index.htm
  75. Workplace transporthttps://www.hse.gov.uk/workplacetransport/index.htm

Glossary of abbreviations/acronyms on this page

DGHAR
Duties under the Dangerous Goods in Harbour Areas Regulations 2016
RAIB
Rail Accident Investigation Branch
ACOP
Approved Code of Practice

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Updated 2024-02-09