S.I. No. 109/1988 - Merchant Shipping (Health and Safety: General Duties) Regulations, 1988.

S.I. No. 109 of 1988.

MERCHANT SHIPPING (HEALTH AND SAFETY: GENERAL DUTIES) REGULATIONS, 1988.

I, BRENDAN DALY, Minister for the Marine, in exercise of the powers conferred on me 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 and Commencement.

1. These Regulations may be cited as the Merchant Shipping (Health and Safety: General Duties) Regulations, 1988, and shall come into operation on the 1st day of July, 1988.

2 Interpretation.

2. In these Regulations, except where the context otherwise requires:

"employee" means a person (including the master and self-employed persons) employed on board ship other than a dock worker or shore-based repair or other worker temporarily employed on board a ship;

"employer" means, as appropriate, the person or persons or organisations 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 for the time being employed in sea fishing but does not include a vessel used otherwise than for profit;

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

"substance" means any natural or artificial substance whether in solid or liquid form or in the form of a gas vapour.

"the Minister" means the Minister for the Marine.

3 ..

3. (1) Subject to paragraph (2) of this Regulation, these Regulations, except Regulation 9 of these Regulations, shall apply to ships registered in the State except fishing vessels and pleasure craft.

(2) Regulations 1, 2, 3 and 9 of these Regulations shall apply to other ships when in a port in the State except fishing vessels and pleasure craft or ships which, but for stress of weather or any other circumstances that neither the master nor the owner nor the charterer (if any) could have prevented, would not have been in a port in the State.

(3) The Minister may grant exemptions from all or any of the provisions of these Regulations (as may be specified in the exemption) for classes of cases or individual cases on such terms (if any) as he may so specify and may, subject to giving reasonable notice, alter or cancel any such exemption.

4 General duties of employers.

4. (1) It shall be the duty of the employer of employees aboard a ship registered in the State to ensure, so far as is reasonably practicable, the health and safety of employees and other persons aboard ship who may be affected by his acts and omissions.

(2) Without prejudice to the generality of the employer's duty under paragraph (1) of this Regulation, the matters to which that duty extends shall include in particular:

( a ) the provision and maintenance of plant, machinery and equipment and systems of work that are, so far as is reasonably practicable, safe and without risk to health;

( b ) arrangements for ensuring, so far as is reasonably practicable, safety and absence of risk to health in connection with the use, handling, stowage and transport of articles and substances;

( c ) the provision to his employees of such information, instruction, training and supervision as is necessary to ensure, so far as is reasonably practicable, the health and safety of persons aboard ship;

( d ) so far as is reasonably practicable, the maintenance of all places of work in the ship in a condition that is safe and without risk to health;

( e ) the provision and maintenance of an environment for persons aboard ship that is, so far as is reasonably practicable, safe and without risk to health; and

( f ) so far as is reasonably practicable collaboration with others who employ persons who are at any time in the course of their employment aboard a ship or engaged in loading or unloading activities in relation to a ship to protect the health and safety of all persons aboard that ship.

(3) It shall be the duty of every employer of employees aboard a ship registered in the State to prepare and, as often as may be appropriate, revise a written statement of his general policy with respect to the health and safety aboard ship and the organisation and arrangements for the time being in force for carrying out that policy, and to bring the statement and any revision of it to the notice of his employees. Provided that this requirement shall not apply to an employer who employs less than 10 employees in aggregate on board ships registered in the State.

5 General duties of employees.

5. It shall be the duty of every employee aboard a ship registered in the State:

( a ) to take reasonable care for the health and safety of himself and of other persons aboard ship who may be affected by his acts or omissions; and

( b ) as regards any duty or requirement imposed on his employer or any other person by these Regulations and the Merchant Shipping Acts, 1894 to 1983, or any Regulations or Rules made thereunder, with regard to the safety or health of persons aboard a ship registered in the State to which these Regulations apply, to co-operate with that person so far as is necessary to enable that duty or requirement to be performed or complied with.

6 Prohibition on levy.

6. No employer of persons aboard a ship registered in the State shall levy or permit to be levied on any employee of his any charge in respect of anything done or provided in pursuance of any requirement of these Regulations.

7 Duty not to interfere with or misuse certain things.

7. No person shall intentionally or recklessly interfere with or misuse anything provided in the interests of health or safety aboard a ship registered in the State in pursuance of these Regulations and the Merchant Shipping Acts, 1894 to 1983, or any Regulations or Rules made thereunder.

8 Inspection and detention of a ship registered in the State.

8. Any person duly authorised by the Minister may inspect any ship registered in the State and if he is satisfied that there has been a failure to comply in relation to that ship with the requirements of these Regulations he may detain the ship until the health and safety of all employees and other persons aboard ship is secured, but shall not in the exercise of these powers detain or delay the ship unreasonably.

9 Inspection, detention and other measures in respect of ships registered outside the State.

9. (1) Any person duly authorised by the Minister may inspect any ship other than a ship registered in the State when the ship is in a port in the State and, if he is satisfied that the ship does not conform to standards of health and safety required of ships registered in the State by these Regulations, he may—

( a ) send a report to the Government of the country in which the ship is registered, and a copy thereof to the Director-General of the International Labour Office; and

( b ) where conditions on board are clearly hazardous to safety or health:

(i) take such measures as are necessary to rectify those conditions;

(ii) detain the ship.

(2) If he takes either of the measures specified in paragraph (1) (b) of this Regulation the person duly authorised shall forthwith notify the nearest maritime, consular or diplomatic representative of the State whose flag the ship is entitled to fly.

(3) The person duly authorised shall not, in the exercise of his powers under this Regulation, unreasonably detain or delay the ship.

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

BRENDAN DALY,

Minister for the Marine.

EXPLANATORY NOTE.

These Regulations give effect in part to the Merchant Shipping (Minimum Standards) Convention, 1976 (International Labour Organisation Convention 147) which is in force internationally. The Regulations require the employers of persons employed on board ships registered in the State, other than fishing vessels and pleasure craft, to ensure the health and safety aboard ship of all their employees and of other persons who may be affected by their acts or omissions and in particular make provision for the maintenance of plant, machinery and equipment, the use, handling, stowage and transport of articles and substances, the provision of information, instruction and training, the maintenance of the ship in a safe condition, the maintenance of a safe environment, and collaboration with other employers (regulation 4). The employer is also required to prepare a written statement of his general policy with respect of health and safety, and to bring the statement to the notice of all his employees except where he employs less than 10 persons on board ships (regulation 4 (3)).

The Regulations also require an employee to take reasonable care for the health and safety of himself and other persons, and to co-operate with his employer or any other person so far as may be necessary to enable duties under the Merchant Shipping Acts and subordinate legislation to be performed (regulation 5). Employers are prohibited from levying a charge on employees in respect of any provision made under the Regulations (regulation 6). Any person is prohibited from interfering with or misusing anything provided in the interests of health or safety in pursuance of the Merchant Shipping Acts or subordinate legislation thereunder (regulation 7). The Regulations also provide for the detention of ships registered in the State (regulation 8) and other ships (regulation 9).