S.I. No. 110/1988 - Merchant Shipping (Safety Officials and Reporting of Accidents and Dangerous Occurrences) Regulations, 1988.


S.I. No. 110 of 1988.

MERCHANT SHIPPING (SAFETY OFFICIALS AND REPORTING OF ACCIDENTS AND DANGEROUS OCCURRENCES) REGULATIONS, 1988.

I, BRENDAN DALY, Minister for the Marine, in exercise of the powers conferred on my by section 12 of the Merchant Shipping Act, 1947 (No. 46 of 1947) and the Communications (Transfer of Departmental Administration and Ministerial Functions) Order, 1987 ( S.I. No. 91 of 1987 ), hereby make the following Regulations:

1 Citation, commencement, interpretation.

1. These Regulations may be sited as the Merchant Shipping (Safety Officials and Reporting of Accidents and Dangerous Occurrences) Regulations, 1988, and shall come into operation on the 1st day of July, 1988.

2 ..

2. In these Regulations:—

"access" means the process of embarking on or disembarking from a ship from or to the quayside, by whatever means employed;

"Code" means the International Labour Office publication entitled "Accident prevention on board ship at sea and in port" published in 1978 by ILO Publications, Geneva, Switzerland, or alternatively, the United Kingdom Department of Transport publication entitled "Code of safe working practices for the merchant seamen" published in 1978 by HMSO, London;

"crew" means all persons, including the master, employed or engaged by the employer in any capacity on board a ship;

"dangerous occurrence" means any occurrence of a kind specified in the Schedule hereto;

"employer" means, as appropriate, the person, persons or organisation who own the vessel and are responsible for the equipment of the vessel or for the employment of the seafarers employed thereon;

"fishing vessel" means a vessel which is for the time being employed in sea fishing but does not include a vessel used otherwise than for profit;

"incapacitated from work" means, in the case of a member of the crew, unable to undertake the full range of duties normally undertaken, and in any other case means a comparable impairment of the person's physical condition;

"major injury" means—

( a ) fracture of the skull, spine or pelvis;

( b ) fracture of any bone:—

(i) in the arm other than a bone in the wrist or hand;

(ii) in the leg, other than a bone in the ankle or foot;

( c ) amputation of a hand or foot;

( d ) the loss of sight of an eye; or

( e ) any other impairment of a person's physical condition which results in the person injured—

(i) being admitted to hospital as an in-patient for more than 24 hours; or

(ii) if at sea, being confined to bed on board, and which would have resulted in admission to hospital for more than 24 hours as an in-patient if the ship had been in port;

"Marine Notice" means a notice described as such and issued by the Department of the Marine;

"the Minister" means the Minister for the Marine;

"non-sea-going ships" includes any ship, except a passenger ship, which normally remains within the seaward limits of a port or, if she goes outside those seaward limits, returns to her port of departure within 24 hours without having called at any other port;

"occupational health and safety" means the health and safety of the crew whilst on board the ship and whilst boarding or leaving the ship;

"pleasure craft" means a vessel primarily used for sport or recreation;

"tanker" means a cargo ship constructed or adapted for the carriage in bulk of liquid cargoes of an inflammable nature.

Any reference in these Regulations to "the Code" shall include references to any document or documents amending the Code which are specified in the Marine Notice.

PART I Safety Officials

3 Application.

3. This Part of these Regulations applies to all ships registered in the State other than non-sea-going ships, fishing vessels, and pleasure craft.

4 Appointment and election of safety officials.

4. (1) In every ship to which this Part of these Regulations applies the employer shall appoint a safety officer to be responsible under the Master for accident prevention.

(2) In every ship to which this Part of these Regulations applies with more than 9 but less than 16 crew, the officers and ratings may elect one safety representative.

(3) In every ship to which this Part of these Regulations applies with more than 15 crew, one safety representative may be elected by the officers and

( a ) one safety representative elected by the ratings, or

( b ) in ships carrying more than 30 ratings, one safety representative elected by the ratings in each of the deck, engine and catering departments, general purpose ratings being regarded for this purpose as included in the deck department.

(4) In all ships in which a safety representative is elected, the employer shall appoint a safety committee which shall include the master as chairman, the safety officer and every safety representative.

(5) The employer shall make rules for the election of safety representatives.

(6) In every election for a safety representative the candidate receiving most votes shall be elected.

(7) No safety officer or safety representative shall be appointed or elected who has less than two years consecutive service since attaining the age of 18, which in the case of a safety officer or safety representative on board a tanker shall include at least six months service on such a ship.

(8) The appointment of every safety officer, safety representative and safety committee shall be recorded by the master in the official log book.

(9) The Minister may grant exemptions from the above provisions of this Regulation for classes of cases or individual cases on such terms (if any) as he may specify in the exemption and may, subject to giving reasonable notice, alter or cancel any such exemption.

5 Termination of appointment.

5. (1) The appointment of a safety officer or safety representative shall terminate—

( a ) on that person ceasing to be employed in the ship;

( b ) in the case of a safety officer, from the date his appointment is terminated by the employer;

( c ) in the case of a safety representative, from the date of his resignation from that position or the election of another duly elected person in his stead.

(2) The appointment of a safety committee may be terminated by the master when there is no longer a safety representative.

6 Duties of safety officers.

6. It shall be the duty of the safety officer to use his best endeavours to ensure that the provisions of the Code and the employer's occupational health and safety policies are complied with, to improve the standard of safety consciousness among crew, and to—

( a ) investigate—

(i) every accident required to be notified under Regulation 11 (a) of these Regulations;

(ii) every dangerous occurrence; and

(iii) all potential hazards to occupational health and safety;

and make recommendations to the master to prevent the recurrence of an accident or to remove the hazard; provided that the duty to investigate shall not extend to accidents arising from a casualty to the ship;

( b ) investigate all complaints by crew members about occupational health and safety unless he has reason to believe that a complaint is of a trivial, frivolous or vexatious nature;

( c ) carry out occupational health and safety inspections of each accessible part of the ship at least once every three months or more frequently if there have been substantial changes in the conditions of work;

( d ) make representations and, where appropriate, recommendations to the master and through him to the employer about any deficiency in the ship in respect of—

(i) any legislative requirement relating to occupational health and safety;

(ii) any relevant Marine Notice; or

(iii) any provision of the Code;

( e ) ensure so far as possible that safety instructions, rules and guidance are complied with;

( f ) maintain a record book describing all the circumstances and detail of all accidents and dangerous occurrences (including the date, the persons involved and the nature of the injuries suffered) and containing all statements made by witnesses thereof, recommendations to prevent future similar accidents or dangerous occurrences, details of other investigations, complaints and inspections under paragraphs (b) and (c) of this Regulation and any representations and recommendations made under paragraph (d) above together with the outcome thereof;

( g ) make the records kept under paragraph (f) of this Regulation available on request to any safety representative, to the safety committee, to the master and to the Minister;

( h ) stop any work which he reasonably believes may cause a serious accident, and immediately to inform the master or his deputy who shall be responsible for deciding when work can safely be resumed;

( i ) carry out any occupational health or safety investifation or inspection required by the safety committee:

Provided that nothing in this Regulation shall require a safety officer to take any action at a time when emergency action to safeguard life on the ship is being taken.

7 Powers of safety representatives.

7. A safety representative may—

( a ) participate, subject to the concurrence of the safety officer, in any of the investigations or inspections carried out by the safety officer under Regulation 6 of these Regulations, or, after notification to the master or his deputy, undertake similar investigations or inspections himself, whether or not such investigations or inspections have already been carried out by the safety officer;

( b ) on behalf of the crew on matters affecting the occupational health and safety of the crew he represents—

(i) consult with the master, his deputy and the safety officer and make recommendations to them, including recommendations to the master that any work which the safety representative believes may cause an accident should be suspended;

(ii) make representations through the master to the employer;

(iii) request, through the safety committee, an investigation by the safety officer of any such matter;

( c ) inspect any of the records required by Regulation 6 of these Regulations to be kept by the safety officer.

8 Duties of safety committees.

8. (1) It shall be the duty of the safety committee to use their best endeavours to ensure that the provisions of the Code are complied with, to improve the standard of safety consciousness among the crew, and to—

( a ) make representations and recommendations on behalf of the crew to the employer on matters affecting the occupational health and safety of the crew;

( b ) inspect any of the records required by Regulation 6 of these Regulations to be kept by the safety officer;

( c ) ensure the observance of the employer's occupational health and safety policies and to make recommendations for their improvement;

( d ) consider and take any appropriate action in respect of any occupational health and safety matters affecting the ship and its crew, reports of accidents on board the ship, Marine Notices and other publications relating to occupational health and safety issued by the Government or by safety organisations and similar bodies, and any new legislation on occupational health and safety; and

( e ) keep a record of their deliberations, conclusions and any representations made to the master or his deputy, of the replies thereto and of any action resulting therefrom.

(2) In performing the duties set out in paragraph (1) of this Regulation, a safety committee may require the safety officer to carry out any occupational safety inspection they consider necessary and to report his findings to them.

9 Duties of employer and master.

9. It shall be the duty of the employer and master to facilitate the work of the safety officer, safety representatives and safety committee in carrying out their occupational health and safety functions, and in particular to—

( a ) provide access to any necessary information, documents and similar material including any relevant legislation and Marine Notices promulgated by the Department of the Marine;

( b ) inform the safety officer, safety representatives and safety committee of any dangerous cargoes on board and of the dangers which may arise therefrom and of any hazards on board the ship known to them which may endanger the ship or her crew;

( c ) provide any necessary accommodation, office equipment supplies and similar materials;

( d ) permit occupational health and safety inspections of the whole or part of the ship;

( e ) allow the safety officer and safety representatives such absence from ship duties without loss of pay as may be necessary to enable them to fulfil their functions, or to undertake any necessary training on board in the exercise of their functions as safety officer or safety representatives;

( f ) display in a place where it may easily be read by any member of the crew a notice listing the names of the safety officer and safety representatives aboard;

( g ) receive, at any reasonable time, representations about occupational health and safety from the safety officer, the safety representatives or the safety committee, including recommendations under Regulation 7 (b) (i) of these Regulations by a safety representative that certain work should be suspended, discuss their representations with them and implement any agreed measures as soon as may be reasonable and practicable;

( h ) specify in writing the reasons for refusing to implement suggested occupational health or safety measures;

( i ) provide to the safety officer, the safety representatives and safety committee on request, any relevant information about accidents and dangerous occurrences to which Regulation 6 of these Regulations applies;

( j ) provide to the safety officer and safety representatives on request, any information or plans necessary to enable them to undertake the investigations and inspections specified in Regulations 6 and 7 of these Regulations;

( k ) arrange the election of a safety representative within three days of being requested to do so by any two persons entitled to vote in such an election and give publicity to any such election.

PART 2 Reporting of Accidents and Dangerous Occurrences

10 Application.

10. This Part of these Regulations applies to all ships registered in the State, other than fishing vessels and fishing vessels and pleasure craft.

11 Notification of accidents and dangerous occurrences

11. The following accidents or occurrences shall be notifiable in accordance with Regulations 12—

( a ) every accident on board or during access to any persons employed or carried in the ship which results in death or personal injury involving incapacity for more than three consecutive days excluding the day of the accident;

( b ) any accident involving impairment of a person's physical condition if the person concerned is put ashore and the ship sails without him, unless the incapacity is known or advised to be of three consecutive days or less, excluding the day of the accident;

( c ) every dangerous occurrence on board or during access: provided that the requirement to notify shall not apply in respect of any person employed as a docker, ship builder, ship repairer or diver unless—

(i) such injured person is a member of the crew; and

(ii) the accident involved failure of the equipment of the ship.

12 Reporting and investigation of accidents and dangerous occurrences

12. The following provisions shall apply in any case where there is an accident or dangerous occurrence which is required by Regulation 11 of these Regulations to be notified—

(1) ( a ) the master, or if he is not available, the most senior officer available shall report every accident involving death or major injury as quickly as possible, and in any case not later than 24 hours after the arrival of the ship at its next port, to any Mercantile Marine Office or to the Departmental of the Marine;

( b ) every such report shall include the name and official number of the ship, its position, the number of people involved in the accident and the injuries, details of any damage to the ship or its equipment or any defect in its equipment, and the next port of call and estimated date and time of arrival if at sea.

(2) The master, or if he is not available, the most senior officer available shall, in addition to any report made under paragraph (1) of this Regulation, report every accident and every dangerous occurrence by completing and signing a report in a form approved by the Minister and shall forward that report to the Department of the Marine within seven days of the date of the accident or dangerous occurrence or, if the ship is at sea, within seven days of the ship's arrival at the next port of call.

(3) In the case of a ship where the safety officer has died or is incapacitated due to an accident or dangerous occurrence, the employer shall, in addition to any report made under paragraph (1) of this Regulation, ensure that—

( a ) the master or most senior officer available or the owner's representative ashore responsible for safety shall—

(i) investigate every accident and dangerous occurrence;

(ii) complete and sign a report of each such incident in a form approved by the Minister; and

(iii) forward that report to the Department of the Marine within the time limits prescribed in paragraph (2) above;

( b ) the master or the owner's representative ashore responsible for safety shall maintain a written record describing—

(i) all the circumstances and details of all such accidents and dangerous occurrences, (including the date, the persons involved and the nature of the injuries suffered);

(ii) all statements made by witnesses thereof; and

(iii) any recommendations to prevent future similar accidents or dangerous occurrences;

( c ) Any record prepared under subparagraph (b) of paragraph (3) of this Regulation shall be made available on request to the Department of the Marine.

GIVEN under my Official Seal, this 27th day of May, 1988.

BRENDAN DALY,

Minister for the Marine.

SCHEDULE

Regulation 2

Notifiable Dangerous Occurrences

The following occurrences shall be notifiable as dangerous occurrences provided that they are not notifiable under these Regulations as accidents and provided that they might have been liable, taking into account the circumstances of the occurrence, to cause major injury or to cause damage to the health of any person—

(1) the collapse or overturning of any lift, hoist, crane, davit, derrick, ramp, mobile powered access platform, access equipment, staging or bosun's chair or failure of any load bearing part thereof;

(2) the explosion, collapse or bursting of any closed vessel including a boiler or boiler tube in which there was any gas (including air), any liquid or any vapour at a pressure greater than atmospheric pressure;

(3) any electrical short circuit or overload resulting in fire or explosion;

(4) the sudden, uncontrolled release of highly flammable liquid, flammable gas or flammable liquid above its boiling point from any system, plant or pipeline;

(5) the uncontrolled release or escape of any harmful substance or agent;

(6) either of the following occurrences in respect of any pipeline, valve or any piping system in a ship—

( a ) the bursting, explosion or collapse of a pipeline or any part thereof excluding minor leaks in pipes carrying non-noxious substances; or

( b ) the accidental ignition of anything in a pipeline or of anything which, immediately before it ignited, was in a pipeline;

(7) any contact with loose asbestos fibre except when full protective clothing is being worn;

(8) any collapse or significant movement of cargo;

(9) the failure or collapse of any hatch cover or hatch cover control wire or mechanism;

(0) any fall overboard; or

(11) the parting of a towrope.

EXPLANATORY NOTE.

Part I of these Regulations requires the employer of crew on board every ship registered in the State (except fishing vessels, non-sea-going ships and pleasure craft) to appoint a safety officer (Regulation 4 (1)); and enables the officers and ratings of such a ship with more than 9 but less than 16 crew to elect safety representatives (Regulation 4 (2)). If a safety representative is elected the employer is also required to appoint a safety committee (Regulation 4 (4)). The Regulations require safety officers to use their best endeavours to ensure that the provisions of the United Kingdom Department of Transport publication entitled "Code of Safe Working Practices for Merchant Seamen" or alternatively the International Labour Office publication entitled "Accident Prevention on board ship at sea and in port" are complied with and to investigate accidents, make recommendations to prevent a recurrence and carry out inspections (Regulation 6). They also prescribe the powers of safety representatives and the duties of safety committees, which include instituting investigations or inspections where appropriate in the interests of occupational health and safety and making representations to the employer (Regulations 7 and 8). Specified duties in respect of access to information and other duties are placed on the employer and master (Regulation 9).

Part 2 of these Regulations applies to all ships registered in the State other than pleasure craft and fishing vessels. They provide for the notification of specified accidents and dangerous occurrences to persons employed or carried on board, with exceptions in respect of certain categories of workers (Regulation 11). The master or, if he is not available, the most senior officer available is required to report every accident involving death or major injury as quickly as possible and to make a written report of every accident or dangerous occurrence (Regulation 12 (1)). This report is required to be on an approved form and forwarded within a specified time to the Department of the Marine, the approved form will be notified by means of a Marine Notice and will be available from the Department of the Marine or from any Department of the Marine Mercantile Marine Office. The master, a senior officer or the owner's representative ashore responsible for safety, is required to report orally and in writing every accident and dangerous occurrence to persons employed or carried in the ship (Regulation 12).

The Regulations give effect in part to the Merchant Shipping (Minimum Standards) Convention, 1976 (International Labour Organisation Convention 147) which is in force internationally and requires provisions to be made substantially equivalent to those of (amongst other Conventions) the Prevention of Accidents (Seafarers) Convention, 1970 (International Labour Organisation Convention 134).