S.I. No. 325/1999 - Safety, Health and Welfare At Work (Fishing Vessels) Regulations, 1999.

1. Paragraphs 1, 2 (with the exception of subparagraphs (8) and (9)), 3, 4, 5, 6, 7, 8, 9 (with the exception of subparagraph (3)), 10, 11, 12 (as respects subparagraphs (1) and (3)), 13, 14, 15, 16 and 17 of the First Schedule.

2. Paragraphs 1, 2 (with the exception of subparagraphs (8) and (9)), 3, 4, 5, 6, 7, 8, 9 (with the exception of subparagraph (3)), 10, 11, 12 (as respects subparagraphs (1) and (3)), 13, 14, 15 and 16 of the Second Schedule.

3. Every provision of the Third Schedule.

The Minister for Finance concurs in the making of these Regulations.

GIVEN under the Official Seal of the Minister for Finance, this 6th day of October, 1999.

CHARLIE McCREEVY,

Minister for Finance.

GIVEN under my Hand, this 19th day of October, 1999.

TOM KITT,

Minister of State at the Department of Enterprise, Trade and Employment.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations give effect to Council Directive 93/103/EEC on the minimum health and safety requirements applicable to work on board fishing vessels. The Regulations set out the duties of owners in this regard, including duties in relation to the provision of information, training, instruction and consultation of workers.

1

O.J. No. L307, 13.12.93, p.1.

2

O.J. No. L307, 13.12.93. p.1.

4. All workers shall receive proper training and appropriate instructions in anticipation of an emergency.

5. If either the length of the vessel exceeds 45 metres, or if five or more workers are carried, a muster list shall be provided with clear instructions for each worker which shall be followed in case of emergency.

6. Musters of workers for survival drill shall be carried out each month in port or at sea. These drills shall ensure that workers thoroughly understand and have practised the duties which they have to perform with respect to the handling and operation of all life-saving and survival equipment.

7. Workers shall be trained in the setting up and operation of the portable radio equipment, where carried.

FOURTH SCHEDULE

Requirements Concerning Personal Protective Equipment

Regulation 4

8. (1) Places of work shall as far as possible receive sufficient natural light and be provided with artificial lighting suitable for the fishing operations in hand, without placing the safety and health at work of workers in danger or placing the navigation of other vessels in danger.

(2) Lighting installations in working areas, stairs, ladders and passageways shall be placed in such a way that the type of lighting provided poses no risk of accident to persons on board and no hindrance to the navigation of the vessel.

(3) Places of work in which workers are especially exposed to risks in the event of failure of artificial lighting shall be provided with emergency lighting of adequate intensity.

(4) Emergency lighting shall be maintained in an efficient operating condition and be tested at regular intervals.

Decks, bulkheads and deckheads.

9. (1) Spaces accessible to workers shall be non-slip or anti-slip or be provided with devices to prevent falls and be kept free of obstacles as far as possible.

(2) Places of work containing workstations shall, in so far as possible, be adequately soundproofed and insulated, taking account of the type of tasks involved and the physical activity of workers.

(3) The surface of decks, bulkheads and deckheads in working areas shall be such that they can be cleaned or refurbished to an adequate standard of hygiene.

Doors

10. (1) Means shall be provided so that doors can at all times be operated from the inside without special equipment and that they are operable from either side when places of work are in use.

(2) Doors and in particular sliding doors, where such have to be used, shall function as safely as possible for the persons on board, in particular in adverse weather and sea conditions.

Traffic routes and danger areas.

11. (1) Passageways, trunks, the outer part of deckhouses and all traffic routes shall be equipped with guard rails, grab rails and lifelines or other means of ensuring the safety of workers in the course of activities on board.

(2) If there is a risk that workers can fall through openings in the deck, or from one deck to another, adequate protection shall be provided wherever possible.

(3) Access to installations above the deck for operation or maintenance purposes shall be such as to ensure the safety of workers and guard rails or similar protective devices of adequate height shall be provided to prevent falls.

(4) Bulwarks or other means provided to prevent persons falling overboard shall be adequately maintained and be fitted with freeing ports or other similar devices to enable water to drain away quickly.

(5) On stern trawlers with ramps, the ramp shall be fitted with a gate or other means of securing it of the same height as the bulwarks or other adjacent means, to protect workers from the risk of falling into the ramp, and such gate or other device shall be easily opened and closed and shall be open only during the process of casting the net or for hauling it in.

Layout of workstations.

12. (1) Working areas shall be kept clear and, as far as possible, be protected from the sea and provide adequate protection for workers against falling on the vessel or falling overboard.

(2) Handling areas shall be sufficiently spacious, as regards both height and surface area.

(3) If the engines are controlled from the engine room, they shall be controlled from a separate area within the engine room and accessible without it being necessary to enter the area in which the engines are located and, for the purposes of this paragraph, if the engines are controlled from the navigating bridge this subparagraph shall be deemed to be complied with.

(4) The controls for the hauling gear shall be installed in an area sufficiently large to enable the operators of the hauling gear to work unhindered.

(5) The hauling gear shall have adequate safety devices for emergencies, including emergency stop facilities.

(6) The hauling gear operator shall have an adequate view of the hauling gear and any workers likely to be exposed to any risk from the hauling gear; if the hauling gear is controlled from the bridge, the operator shall also have a clear view of such workers, either directly or through another suitable medium.

(7) A reliable communications system shall be used between the bridge and the working deck.

(8) A sharp look out shall be maintained at all times and workers warned of the imminent danger of heavy oncoming seas during fishing operations or when other work is being done on deck.

(9) Contact with bare ropes and warps and with moving parts of the equipment shall be minimised by installing protective devices.

(10) Controls shall be installed for moving masses, particularly on trawlers, and such controls shall include—

(

a

) devices to immobilise the otter boards, and

(

b

) devices to control the swinging motion of the codend.

Living quarters.

13. (1) Living quarters on board, where they exist, shall be such as to minimise noise, vibration, the effects of motion and acceleration, and unpleasant odours from other parts of the vessel.

(2) Appropriate lighting shall be installed in the living quarters.

(3) The galley and mess, where they exist, shall be of adequate size, adequately lit and ventilated and easy to clean and refrigerators or other low-temperature food-storage equipment shall be provided.

Sanitary facilities.

14. On vessels with living quarters, toilets, wash-basins and, if possible, a shower shall be installed and each such area shall be properly ventilated.

First-Aid.

15. On all vessels first-aid equipment shall be available which fulfils the requirements of the European Communities (Minimum Safety and Health Requirements for Improved Medical Treatment on Board Vessels) Regulations, 1997 (

S.I. No. 506 of 1997

).

Accommodation ladders and gangways.

16. An accommodation ladder, gangway or other similar equipment providing an appropriate, safe means of boarding the vessel shall be provided.

THIRD SCHEDULE

Requirements for Life-Saving and Survival Equipment

Regulation 4

17. All appropriate technical measures shall be taken to reduce the noise level at places of work and in the living quarters as far as possible, taking into account the size of the vessel.

SECOND SCHEDULE

Requirements for Existing Fishing Vessels

Regulation 4

Seaworthiness and stability.

ARRANGEMENT OF REGULATIONS

PART I

Interpretation and General

Regulation

1.

Citation.

2.

Interpretation

3.

Application.

PART II

General Safety and Health Provisions

4.

Duties of owners.

5.

Information.

6.

Training and Instruction.

7.

Consultation and Participation.

8.

Amendment of Principal Regulations.

9.

Enforcing Agency.

FIRST SCHEDULE

Requirements for New Fishing Vessels

SECOND SCHEDULE

Requirements FOR Existing Fishing Vessels

THIRD SCHEDULE

Requirements for Life-Saving and Survival Equipment

FOURTH SCHEDULE

Requirements Concerning Personal Protective Equipment

FIFTH SCHEDULE

Provisions of the Schedules to these Regulations which are to be Enforced by the Minister for the Marine and Natural Resources

SAFETY, HEALTH AND WELFARE AT WORK (FISHING VESSELS) REGULATIONS, 1999.

I, TOM KITT, Minister of State at the Department of Enterprise, Trade and Employment, in exercise of the powers conferred on me by

section 28

of the

Safety, Health and Welfare at Work Act, 1989

(No. 7 of 1989), in relation to the matters set out in paragraphs (1), (2) to (16), (19), (20), (22), (23), (25) to (30), (32) and (35) to (37) of the Fourth Schedule to that Act, and by section 32 of the said Act as regards Regulation 9 of these regulations, as adapted by the Labour (Transfer of Departmental Administration and Ministerial Functions) Order, 1993 (

S.I. No. 18 of 1993

), and the Enterprise and Employment (Alteration of Name of Department and Title of Minister) Order, 1997 (

S.I. No. 305 of 1997

) and the Enterprise, Trade and Employment Delegation of Ministerial Functions) (No. 2) Order, 1997 (

S.I. No. 330 of 1997

), with the consent of the Minister for Finance, and after consultation with the Minister for Marine and Natural Resources and the National Authority for Occupational Safety and Health, and for the purpose of giving effect to Council Directive 93/103/EC of 23 November 1993

1

hereby make the following regulations

PART I

Interpretation and General

Citation.