MT
Merchant Shipping (Maritime Labour Convention) Rules, 2013
Table of Provisions (139)
Statutory Text (139 Articles)
Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 19,086, 10 ta’ Mejju, 2013
L.N. 145 of 2013
MERCHANT SHIPPING ACT
(CAP. 234)
Merchant Shipping (Maritime Labour Convention) Rules, 2013
IN exercise of the powers conferred by articles 90, 106, 108,
122C, 148, 149, 152, 153, 154, 163, 168A and 374 of the Merchant
Shipping Act, the Minister for Transport and Infrastructure has made
the following rules:-
(1) The title of these rules is the Merchant Shipping Citation and
commencement.
(Maritime Labour Convention) Rules, 2013.
(2) These rules shall come into force on the 20th August,
2013.
(Rule
41) 41)
(Rule
SECOND SCHEDULE (Rule 43)
(1)
In these rules, unless the context otherwise requires
Interpretation.
"appropriate inspector" shall have the same meaning as assigned
to it in article 154 of the Act;
"the Act" means the Merchant Shipping Act;
"Convention" means the Maritime Labour Convention signed in
Geneva on the 7th February, 2006 including any amendment or
Protocol related thereto as may from time to time be ratified, acceded
to or accepted by the Government of Malta and other instruments,
standards and specifications of a mandatory nature related thereto
adopted or developed by the International Labour Organisation or in
terms of rule 4;
"Council Directive 2009/13/EC" means Council Directive 2009/
13/EC of 16 February 2009 implementing the Agreement concluded
by the European Community Shipowners’ Associations (ECSA) and
the European Transport Workers’ Federation (ETF) on the Maritime
Labour Convention, 2006, and amending Directive 1999/63/EC;
"inspector" means a person authorised by the Registrar-General
or the maritime administration of another State to inspect the working
and living conditions of seafarers in accordance with the Convention;
"medical practitioner" means a duly qualified medical
practitioner;
''medical stores'' includes medicines, medical equipment and
antidotes;
"proper authority" means, if in Malta, any person appointed by
the Registrar-General, or, if in a place outside Malta, a Maltese
consular officer, or, if there is no such officer in that place, such
officer as is authorised in that behalf by the Minister or other
appropriate authority;
"safe manning document" means a document prescribing the
minimum safe manning considered necessary for the sufficient and
efficient manning of the ship from the point of view of safety of life at
sea and pollution prevention, issued, in the case of a Maltese ship by
the Registrar-General, and in the case of any other ship, by or on
behalf of the Government of the State whose flag the ship is entitled
to fly;
"seafarer" means any person who is employed or engaged or
works in any capacity on board a ship, to which these rules apply, but
excluding persons providing non-scheduled or ancillary services to a
ship to assist it in its maritime voyage such as, inter alia, shore based
engineers, bunker crew, pilots, members of the Armed Forces of
Malta, or a member of the Civil Protection Department of Malta;
"shipowner" or "owner" means the owner of the ship or another
organisation or person such as the manager, or the bareboat charterer,
who has assumed the responsibility for the operation of the ship from
the owner and who, on assuming such responsibility, has agreed to
take over the duties and responsibilities imposed on shipowners in
accordance with these rules;
"STCW Convention" means the International Convention on
Standards of Training, Certification and Watchkeeping signed in
London on 7th July 1978.
(2) Unless otherwise defined in these rules or unless the
context otherwise requires, words and expressions used in these rules
shall have the same meaning assigned to them in the Convention.
(3) In the Convention, any reference to "recognised
organisation" shall, for the purposes of these rules, with reference to
Malta and where the context so requires, be construed as a reference
to a surveyor of ships or an organisation or body of surveyors
appointed in terms of article 367 of the Act, and duly authorised by
the Registrar-General.
(4) These rules shall be read and construed together with the
Convention and Council Directive 2009/13/EC.
(5) The Registrar-General, as defined in the Act, shall be the
competent authority for the purposes of these rules.
PART I
GENERAL
(1) Subject to sub-rule (2), these rules shall apply to all Application.
Maltese seagoing ships wherever they are and to all other ships while
they are in Maltese ports as determined by the Convention and to all
seafarers serving onboard such ships.
(2) These rules shall not apply to
(a)
fishing vessels;
(b)
ships of traditional build;
(c)
"small ships" as defined in the Small Ships Rules S.L.499.52
and that navigate exclusively in internal waters or waters
closely adjacent to Malta;
(d)
yachts in non commercial use;
(e)
warships or naval auxiliaries.
Provided that in case of doubt as to whether any categories
of persons are to be regarded as seafarers, or as to whether any vessels
are to be regarded as ships, the matter shall be determined by the
Registrar-General after consultation with the shipowners’ and
seafarers’ organisations concerned.
(Rules 89 and 92)
REQUIREMENTS FOR EXISTING SHIPS
Appendix I applies to ships built before 10 January 2003.
Appendix II applies to ships the keel of which is laid or which is at a similar
stage of construction on or after the 10 January 2003.
1. General requirements
Crew accommodation (except store rooms) shall
1.1.1. whenever practicable be situated amidships or aft; but in no
case shall any part of the crew accommodation (except store rooms) be
situated forward of the collision bulkhead;
1.1.2. be situated wholly above the Summer Load Line (if any)
marked on the ship in accordance with the provisions of rules made under
article 251 of the Act
Provided that in the case of a passenger ship the crew
accommodation may, on condition that satisfactory arrangements are made
for lighting and ventilation of sleeping rooms, be situated below the
Summer Load Line, but in no case immediately beneath working alleyways;
be arranged and constructed, and situated in such a position,
(a) the protection of the crew against injury to the greatest
practicable extent;
(b) the protection of the crew accommodation against the
weather and the sea;
(c)
the insulation of the crew accommodation from heat
and cold;
(d) the protection of the crew accommodation against
moisture due to condensation;
(e) the exclusion from the crew accommodation of
effluvia originating in other spaces in the ship;
(f) the exclusion from the crew accommodation, to the
greatest practicable extent, of noise originating in other spaces in the
ship; and
(g)
the prevention of the harbouring of vermin.
1.2. Where the crew accommodation of a ship is not normally air-
conditioned, the crew accommodation shall
1.2.1. if the ship regularly trades to mosquito-infested ports, be
provided with suitable screens to sidescuttles, ventilators and doors; and
1.2.2. if the ship regularly trades to or in the tropics or the Persian
Gulf, be fitted with suitable awnings.
1.3
Crew accommodation shall be accessible at all times from the open
deck. An opening from an open deck into the crew accommodation shall be
protected against the weather and the sea.
2. Bulkheads
2.1. Bulkheads separating a part of the crew accommodation (other than a
recreation deck space) from a space used as
(a)
a bunker;
(b)
a cargo or machinery space;
(c)
a lamp room or paint room;
(d)
a store room not forming part of the crew accommodation
(other than a dry provision store room);
(e)
a chain locker; or
(f)
a cofferdam;
shall be so constructed as to be gastight and, where necessary to protect the crew
accommodation, watertight.
2.2. A bulkhead that separates a part of the crew accommodation from a
dry provision store room (whether or not that store room forms part of the crew
accommodation) shall be gastight.
2.3. A bulkhead that separates a part of the crew accommodation from
sanitary accommodation, a laundry, a drying room, a galley or a cold store room
(whether or not they form part of the crew accommodation) shall be gastight, and
shall be watertight to such height as is necessary to prevent the passage of water
into the adjoining space.
2.4. A bulkhead that separates sanitary accommodation from another part
of the crew accommodation shall, except in a doorway, be watertight to a height of
not less than 230 millimetres above the floor of the sanitary accommodation.
2.5.
Paragraphs 2.3 and 2.4 do not apply to bulkheads that separate
(a)
sanitary
accommodation
from
other
sanitary
accommodation;
(b)
a laundry or drying room from another laundry or drying
room;
(c)
a galley from another galley or from a pantry;
(d)
a cold store room from another cold store room; or
(e)
en suite sanitary accommodation from its associated sleeping
room or rooms.
2.6. Inside paneling in the crew accommodation shall be constructed of
material with a surface that can easily be kept clean.
2.7. Bulkheads or paneling shall not be constructed of material likely to
harbour vermin.
2.8. Bulkheads enclosing rooms used as sleeping rooms, mess rooms or
recreation rooms shall be lined on the side of those bulkheads with those rooms.
3. Openings
3.1. There shall not be a direct opening between the crew accommodation
(other than recreation deck spaces) and spaces used as
(a)
a bunker;
(b)
cargo or machinery spaces;
(c)
lamp rooms or paint rooms;
(d)
store rooms not forming part of the crew accommodation;
(e)
chain lockers; or
(f)
cofferdams.
3.2. Except in the case of en suite sanitary accommodation, there shall not
be a direct opening between the crew accommodation (other than recreation deck
spaces or passageways) and any sanitary accommodation, laundry or drying room
(whether or not that sanitary accommodation, laundry or drying room forms part of
the crew accommodation).
3.3. Paragraph 3.2 does not prohibit a direct opening between spaces
forming part of the sanitary accommodation or between spaces appropriated for
use as laundries or drying rooms.
3.4.
There shall not be a direct opening between a sleeping room and a
galley.
4. Pipes
4.1. Except where no other arrangement is reasonably practicable, steam
supply and exhaust pipes to machinery shall not pass through the crew
accommodation.
4.2. Where such pipes pass through the crew accommodation, they pass
through open deck alleyways only, shall be properly encased, and in the case of
supply pipes, they shall be
(a)
constructed of solid drawn steel or equivalent material;
(b)
of a scantling sufficient to withstand the maximum pressure
from the ship’s boiler system;
(c)
connected by faced flanges properly jointed; and
(d)
fitted with adequate drainage arrangements.
4.3. Steam pipes and hot water pipes leading to radiators in or serving the
crew accommodation shall be properly protected or encased.
4.4.
Hawse pipes shall not be situated in the crew accommodation.
4.5. Chain pipes and ventilators to cargo spaces shall, where they pass
through the crew accommodation, be watertight and gastight.
4.6. Hot water pipes shall be insulated where necessary for the
conservation of heat or to ensure the safety of the crew.
5. Batteries
5.1. Batteries shall not be located in the crew accommodation, and
precautions shall be taken to ensure that fumes from batteries do not discharge into
any part of the crew accommodation.
6. Floors
6.1. Decks that form the floors in the crew accommodation shall be
properly constructed and shall be covered with a material that
(a)
is impervious to water;
(b)
is capable of being easily kept clean; and
(c)
provides a good foothold.
6.2. Where a composition or other like material is used to cover a metal
deck, the material shall be properly laid and the joins where the floor meets the
walls shall be rounded in such a way as to avoid crevices.
6.3. Floors of wash places, bathrooms, shower recesses, laundries and
other compartments where water is used shall be
(a)
covered with rubber-based or other impervious material; and
(b)
fitted with a coving around the perimeter of the
compartment.
6.4. The floor of a galley shall be covered with a rubber-based or other
impervious material.
6.5.
The floor of a galley shall be provided with efficient scuppers.
7. Drainage
7.1.
Efficient drainage shall be provided for the crew accommodation.
There shall be no drainage from any source into wash places or
sanitary accommodation forming part of the crew accommodation, which shall be
drained separately and independently of other space.
8. Surface finishes
8.1. The interior sides and ceilings of the crew accommodation shall be
covered with enamel, paint or other suitable material, of good quality and white or
light in colour.
8.2. Paint, varnishes and other surface materials containing nitro-cellulose
shall not be used.
8.3. All paint, varnish or other finishes in the crew accommodation shall
be capable of being easily kept clean and shall be maintained in good condition.
9. Ventilation system
9.1.
Every enclosed space in the crew accommodation, except a cold store
room, shall be provided with a ventilation system capable of maintaining the air in
that space in a sufficiently pure condition for the health and comfort of the crew in
all conditions of weather and climate which the ship is likely to encounter during
the voyages on which she is intended to be engaged, and capable of being
controlled as necessary for that purpose.
9.2. Without prejudice to the generality of paragraph 9.1, in all ships
except those of under 500 gross tonnage, every enclosed space in the crew
accommodation except a cold store room, shall, if it is not ventilated by an air
conditioning system, be provided with a mechanical ventilation system capable of
ensuring rates of air changes sufficient for the type of accommodation for which it
is provided.
9.3. Ships regularly engaged on voyages in the tropics and the Persian
Gulf shall, if not ventilated by an air conditioning system, be provided with both
mechanical means of ventilation and electric fans
Provided that one only of these means need be adopted in spaces
where this ensures satisfactory ventilation.
9.4. A supply of power adequate to operate a mechanical ventilation
system or, if it is provided, an air conditioning system shall be provided. Any such
system fitted shall be in operation at all times when any members of the crew are
on board and the circumstances are such that ventilation by means of such system
is required.
9.5. In every ship, every enclosed space in the crew accommodation
which is not ventilated either by an air conditioning system or by a mechanical
ventilation system shall be provided with a natural system of inlet and exhaust
ventilation suitable to its purpose.
10. Heating system
10.1. Except in the case of ships engaged exclusively in the tropics and the
Persian Gulf, the crew accommodation of all the ships shall be provided with a
heating system which shall
(a)
be permanently installed; and
(b)
whose capacity shall be sufficient to maintain a room
temperature of at least 20°C in all circumstances.
10.2. The heating system may be operated by steam, hot water or electricity
or may be a system supplying warm air.
10.3. The heating system shall be so constructed, installed and, if necessary,
shielded as to avoid the risk of fire and not to constitute a source of danger or
discomfort to the crew.
10.4. The heating system shall be in operation at all times when any
members of the crew are living or working on board the ship and conditions
require its use.
11. Lighting system
11.1.
Crew accommodation shall be properly lit.
11.2. Sleeping rooms, living rooms, mess rooms and hospitals shall be lit
by natural light. The supply of natural light shall be sufficient to read ordinary
newsprint in clear weather anywhere in the room where persons may normally be.
In passenger ships, special arrangements may, however, be permitted.
11.3. An efficient system of electric lighting shall be provided capable of
supplying adequate lighting to all parts of the crew accommodation.
11.4.
Electric lights shall be so arranged as to give the maximum benefit to
the crew.
11.5. The head of each berth shall be fitted with an electric light that is
capable of supplying sufficient light to enable a person of normal vision to read in
the berth.
11.6. If two sources of electricity are not installed independent of each
other, reserve lighting shall be provided for use in case of emergency. Such
emergency lighting may, for example, consist of permanently installed electric
battery lamps that are recharged when the main current is on or a similar system.
11.7. The following guidelines are laid down as to the luminous power that
shall be considered suitable for artificial lighting
(a)
sleeping rooms and day rooms
(i)
general lighting
50 lux
(ii) lighting at tables where reading and
writing take place
150 lux
(b)
mess rooms
(i)
general lighting
50 lux
(ii)
lighting on dining tables
150 lux
(c)
sanitary accommodation
(i)
general lighting
50 lux
(ii)
at mirrors
200 lux
(d)
corridors and staircases
general lighting
50 lux
(e)
hospital accommodation
(i)
general lighting
50 lux
(ii)
at any wash basin
100 lux
11.8. The general lighting is measured at a horizontal plane of 850
millimetres above floor level.
12. Sleeping rooms
12.1. Unless the circumstances are such that no members of the crew are
required to sleep on board, sleeping rooms shall be provided for the crew.
12.2. The clear headroom in sleeping rooms shall be at least 1.90 metres.
12.3. Whenever reasonable and practicable, having regard to the size of the
ship and the activity on which it is to be engaged, there shall be a sufficient number
of sleeping rooms to provide a separate room or rooms for each department.
12.4. A separate sleeping room shall be provided for the master and each
officer and, whenever reasonable and practicable, having regard to the size of the
ship, the activity on which it is to be engaged and its layout, for each person over
the age of 18 years.
12.5. The number of persons accommodated in the same sleeping room
shall not exceed four persons.
12.6. When more than one person is accommodated in the same sleeping
room, as far as practicable, they shall be members of the same watch.
12.7. The minimum floor area that shall be provided for each person in a
sleeping room is
(a)
in the case of a ship of less than 800 gross tonnage, 1.85
square metres;
(b)
in the case of a ship of 800 gross tonnage or more but less
than 3000 gross tonnage, 2.35 square metres; and
(c)
in the case of a ship of 3000 gross tonnage or more, 2.78
square metres.
12.8. In the case of ships in which are employed such groups of ratings as
necessitate the employment of a substantially larger member of ratings than would
otherwise be employed, the Registrar-General may, in respect of such groups,
reduce the minimum floor area of sleeping rooms per person, provided that
(a)
the total sleeping space allotted to the group or groups is not
less than would have been allotted had the numbers not been so increased;
(b)
the minimum floor area of sleeping rooms is not less than
(i) 1.67 square metres per person in the case of a ship of
less than 3000 gross tonnage;
(ii) 1.85 square metres per person in the case of a ship of
3000 gross tonnage or more.
12.9. In paragraphs 12.6 and 12.7, the measurement of floor area is to
(a)
include floor space occupied by berths, lockers, seats and
chests of drawers; and
(b)
exclude small or irregularly shaped floor spaces that cannot
be used for installing furniture and that do not contribute to the space
available for free movement.
12.10. Sleeping rooms shall be so planned as to ensure reasonable comfort
for the occupants and to facilitate tidiness.
12.11. The maximum number of persons that may be accommodated in a
sleeping room shall be indelibly and legibly marked in that room.
13. Sleeping berths
13.1. Each sleeping room shall be fitted with a separate berth for each
person to be accommodated in the room.
13.2. The framework of each berth shall be constructed of metal or other
material that is hard and smooth and unlikely to become corroded or harbour
13.3. If a berth is constructed with tubular frames, the frames shall be
completely sealed and without perforations.
13.4. Where a sleeping room has more than one berth
(a)
no two berths may be placed so that access to one can only
be obtained over the other;
(b)
berths shall not be arranged in tiers of more than two;
(c)
a berth adjacent to a ship’s side and with a sidelight situated
above the berth shall be in a single tier; and
(d)
an upper berth is to be placed approximately midway
between the bottom of the lower berth and the lower side of the deckhead
13.5. The bottom of a berth shall not be less than 300 millimetres from the
13.6. A berth shall be at least 190 centimetres long and at least 68
centimetres wide, the measurements being taken inside the lee-boards or lee-rails,
if any, and at right angles to each other.
13.7. Each berth shall be fitted with
(a)
a spring bottom or other bottom suitable for use with a
(b)
a mattress made of material that will resist damp and is
unlikely to harbour vermin.
13.8. Where berths are arranged in a double tier, a bottom of dust-proof
material shall be fitted to the underside of the upper berth.
13.9. Lee-boards fitted to berths shall be constructed of hardwood or other
suitable material and shall be so made as to be unlikely to harbour vermin.
13.10. Curtains shall be fitted to berths if there is more than one berth in the
14. Furniture and fittings
14.1. Each sleeping room shall be provided with the following minimum
furniture and fittings
(a)
a clothes locker or wardrobe which shall be at least 1.52
metres high with a cross section area of at least 12.30 square decimetres and
fitted with a shelf and a loop for a padlock;
(b)
a drawer or equivalent space of at least 0.056 cubic metres
for each occupant of the room;
(c)
a table or desk, which may be of the fixed, drop-leaf or slide-
out type, and with comfortable seating accommodation as necessary;
(d)
a mirror and a cabinet for toilet requisites;
(e)
a book rack;
(f)
one coat hook in addition to any coat hooks which may be
fitted in a locker or wardrobe; and
(g)
a curtain or blind fitted to each sidescuttle.
14.2. All furniture shall be of smooth, hard material not liable to warp or
corrode and shall be so made as to be unlikely to harbour vermin.
15. Mess rooms
15.1. Unless the circumstances are such that no members of the crew are
required to mess on board, mess rooms shall be provided for the crew.
15.2. Mess rooms shall be separate from sleeping rooms and as close as
practicable to the galley
Provided that in ships of less than 300 gross tonnage, the galley may
be used as a mess room
Provided further that in ships of less than 300 gross tonnage, if not
combined with a galley, mess rooms may be combined with sleeping
accommodation if it is impracticable to provide a separate mess room.
15.3. Unless otherwise provided in the agreement with the crew, in ships of
500 gross tonnage or more, mess rooms provided for the master and officers shall
be separate from those provided for ratings.
15.4. Unless otherwise provided in the agreement with the crew, in ships of
5000 gross tonnage or more, whenever it is reasonable and practicable,
consideration shall be given to provide a separate mess room for the catering and
serving staff if their number exceeds five persons.
15.5. The dimensions and equipment of each mess room shall be sufficient
for the number of persons likely to use them at any one time.
15.6. Mess rooms shall be equipped with tables and approved seats, fixed
or movable, sufficient for the number of persons likely to use them at any one time.
15.7. The Registrar-General may permit such exceptions to the provisions
of paragraphs 15.3 to 15.6 (both included) as may be necessary to meet the special
conditions in passenger ships.
15.8. Where available pantries are not accessible to mess rooms, adequate
lockers for mess utensils and proper facilities for washing utensils shall be
provided.
15.9. The surfaces of tables and seats shall be easy to clean and resistant to
cracks and damp.
16. Recreation rooms
16.1. In ships of 300 gross tonnage or more, one or more places shall be
provided on an open deck to which the crew have access when off duty. Such
space/s shall be of a suitable size taking into consideration the size and
arrangement of the crew and the ship.
16.2. In ships of 300 gross tonnage or more, recreation rooms, conveniently
situated and appropriately furnished, shall be provided for officers and ratings.
Where such rooms are not provided separately from the mess rooms, the latter
shall be planned, sized, furnished and equipped to give recreational facilities.
17. Sanitary and laundry arrangement
17.1. Sufficient sanitary accommodation, including wash basins and baths
and/or showers, shall be provided in all ships.
17.2. Separate sanitary accommodation shall be provided for males and
females.
17.3. The following minimum number of separate water closets shall be
provided
(a)
in ships of less than 800 gross tonnage: three;
(b)
in ships of 800 gross tonnage or more but less than 3000
gross tonnage: four;
(c)
in ships of 3000 gross tonnage or more: six; and
(d)
in ships where the radio officers or operators are
accommodated in an isolated position, sanitary facilities near or adjacent
thereto shall be provided.
17.4. Sanitary facilities for all members of the crew who do not occupy
rooms to which private facilities are attached shall be provided for each group of
the crew on the following scale
(a)
one bath and/or shower for every eight persons or less;
(b)
one water closet for every eight persons or less;
(c)
one wash basin for every six persons or less.
Provided that when the number of persons in a group exceeds an even
multiple of the specified number by less than one-half of the specified number this
surplus may be ignored for the purpose of this paragraph.
17.5. When the total number of the crew exceeds 100 and in passenger
ships normally engaged on voyages of not more than four hours duration, the
Registrar-General may authorise special arrangements or a reduction in the number
of facilities required.
17.6. An adequate supply of cold and hot fresh water shall be laid on to
each wash basin, bath and shower.
17.7. Washbasins and baths/showers shall be of adequate size, constructed
of approved material with a smooth surface not liable to crack, flake or corrode
and fitted with an efficient and hygienic discharge system.
17.8. All water closets shall have ventilation to the open air, independently
of any other part of the accommodation.
17.9. All water closets shall be of an approved pattern and provided with
(a)
an adequate flush of water, which must be always available
through self-closing non-concussive supply valves;
(b)
a connection to a vacuum discharge pipe system or a soil
pipe of not less than 100 millimetres in diameter so constructed as to
facilitate cleaning and minimise the risk of obstruction; and
(c)
a device for holding toilet paper.
17.10. Water closets shall be situated convenient to, but separate from,
sleeping rooms and wash rooms, without direct access from the sleeping rooms or
from a passage between sleeping rooms and water closets to which there is not
other access
Provided that this requirement shall not apply where a water closet is
located in a compartment between two sleeping rooms having a total of not more
than four persons.
17.11. Where there is more than one water closet in a compartment, they
shall be sufficiently screened to ensure privacy.
17.12. All soil pipes and waste pipes shall be of adequate dimensions and
shall be fitted in a manner that will facilitate cleaning and minimise the risk of
obstruction.
17.13. In all ships facilities for washing, drying and ironing clothes shall be
provided on a scale appropriate to the size of the crew and the normal duration of
the voyage.
17.4. The facilities for washing clothes shall include suitable sinks which
may be installed in wash rooms if provision of a separate laundry facility is not
reasonable and practicable with an adequate supply of cold and hot fresh water or
means of heating water.
17.5. The facilities for drying clothes shall be provided in a compartment
separate from sleeping rooms and mess rooms, adequately ventilated and heated
and equipped with lines or other fittings for hanging clothes.
18. Oilskin lockers
18.1. Adequately ventilated lockers or compartments for use solely for
hanging oilskins and other working clothes shall be provided in a place outside but
conveniently near to the sleeping rooms.
19. Offices
19.1. In ships of 3000 gross tonnage or more, two separate appropriately
furnished rooms shall be provided for use as offices for the crew in the deck and
engine departments respectively.
20. Galleys
20.1. Except in ships in which no member of the crew will be required to
mess on board, a galley for the preparation of food for the crew shall be provided.
20.2. The galley shall be situated as near as practicable to the mess rooms
provided for the crew.
20.3. The galley shall be provided with all equipment necessary to enable
food in sufficient quantity to be properly and readily prepared for all persons
whom the galley is intended to serve and served hot to them in the mess room in all
weathers.
20.4. All fixed equipment shall be so arranged that it, and all spaces round
and behind it, can easily be kept clean.
20.5. The galley shall be provided with facilities for washing up. Hot, fresh
water and cold drinking water shall be laid on to any sink or other washing up
facility in a galley.
20.6. No salt water tap shall be fitted in the galley nor in any place at which
food may be prepared.
20.7. A supply of water connected to a tap or other suitable connection
shall be provided in each galley to facilitate washing down the floor.
20.8. All furniture and fittings in the galley shall be made of a material
which is impervious to dirt and moisture and all metal parts of furniture and
fittings shall be rustproof. The bottoms of all fitted furniture shall be either flush
with the deck or fitted high enough to enable the deck space beneath to be easily
kept clean.
20.9. The ventilation in the galley shall be so arranged as to ensure an
adequate supply of fresh air and the efficient discharge of fumes into the open air.
21. Dry provision store rooms
21.1. Dry provision store rooms used exclusively for the storage of dry
provisions for the crew shall be provided and shall have sufficient capacity having
regard to
(a)
the maximum period likely to elapse between successive
replenishments of stores, and
(b)
the maximum number of the crew to be carried.
21.2. Dry provision store rooms shall be so situated, constructed and
ventilated as to avoid deterioration of the stores through heat, draught,
condensation or infestation by insects or vermin.
21.2. A dry provision store shall not be
(a)
situated close to a space in which heat is generated, unless it
is adequately insulated against heat; or
(b)
used for the storage of bedding or textiles.
22. Cold storage rooms and refrigerating equipment
22.1. Refrigerating equipment and cold storage rooms shall be provided
and be adequate for the storage of perishable provisions for the crew having regard
to the period likely to elapse between successive replenishment of stores. In ships
of less than 500 gross tonnage, there shall be provided either cold storage rooms or
adequate alternative cold storage facilities.
Appendix II
(Ships the keel of which is laid or which is at a similar stage of construction
on or after 10 January 2003)
1. General requirements
1.1.
Crew accommodation (except store rooms) shall
1.1.1. whenever practicable be situated amidships or aft, but in no
case shall any part of the crew accommodation (except store rooms) be
situated forward of the collision bulkhead;
1.1.2. be situated wholly above the Summer Load Line (if any)
marked on the ship in accordance with the provisions of rules made under
article 251 of the Act
Provided that in the case of a passenger ship the crew
accommodation may, on condition that satisfactory arrangements are made
for lighting and ventilation of sleeping rooms, be situated below the
Summer Load Line, but in no case immediately beneath working alleyways;
be arranged and constructed, and situated in such a position,
(a) the protection of the crew against injury to the greatest
practicable extent;
(b) the protection of the crew accommodation against the
weather and the sea;
(c)
the insulation of the crew accommodation from heat
and cold;
(d) the protection of the crew accommodation against
moisture due to condensation;
(e) the exclusion from the crew accommodation of
effluvia originating in other spaces in the ship;
(f) the exclusion from the crew accommodation, to the
greatest practicable extent, of noise originating in other spaces in the
ship; and
(g)
the prevention of the harbouring of vermin.
1.2. Where the crew accommodation of a ship is not normally air-
conditioned, the crew accommodation shall
1.2.1. if the ship regularly trades to mosquito-infested ports, be
provided with suitable screens to sidescuttles, ventilators and doors; and
1.2.2. if the ship regularly trades to or in the tropics or the Persian
Gulf, be fitted with suitable awnings.
Crew accommodation shall be accessible at all times from the open
deck. An opening from an open deck into the crew accommodation shall be
protected against the weather and the sea.
1.4. All parts of the crew accommodation, except cold store rooms, shall
have a clear headroom of at least 1.98 metres at every point where full and free
movement is necessary, but a reduction in the headroom in any space or part of a
space in such accommodation may be permitted if it is reasonable to do so and
such a reduction will not result in discomfort to the crew.
2. Bulkheads
2.1. Bulkheads separating a part of the crew accommodation (other than a
recreation deck space) from a space used as -
(a)
a bunker;
(b)
a cargo or machinery space;
(c)
a lamp room or paint room;
(d)
a store room not forming part of the crew accommodation
(other than a dry provision store room);
(e)
a chain locker; or
(f)
a cofferdam,
shall be so constructed as to be gastight and, where necessary to protect the crew
accommodation, watertight.
2.2. A bulkhead that separates a part of the crew accommodation from a
dry provision store room (whether or not that store room forms part of the crew
accommodation) shall be gastight.
2.3. A bulkhead that separates a part of the crew accommodation from
sanitary accommodation, a laundry, a drying room, a galley or a cold store room
(whether or not they form part of the crew accommodation) shall be gastight, and
shall be watertight to such height as is necessary to prevent the passage of water
into the adjoining space.
2.4. A bulkhead that separates sanitary accommodation from another part
of the crew accommodation shall, except in a doorway, be watertight to a height of
not less than 230 millimetres above the floor of the sanitary accommodation.
2.5.
Paragraphs 2.3 and 2.4 do not apply to bulkheads that separate
(a)
sanitary
accommodation
from
other
sanitary
accommodation;
(b)
a laundry or drying room from another laundry or drying
room;
(c)
a galley from another galley or from a pantry;
(d)
a cold store room from another cold store room; or
(e)
en suite sanitary accommodation from its associated sleeping
room or rooms.
2.6. Inside paneling in the crew accommodation shall be constructed of
material with a surface that can easily be kept clean.
2.7. Bulkheads or paneling shall not be constructed of material likely to
harbour vermin.
2.8. Bulkheads enclosing rooms used as sleeping rooms, mess rooms or
recreation rooms shall be lined on the side of those bulkheads with those rooms.
3. Openings
3.1. There shall not be a direct opening between the crew accommodation
(other than recreation deck spaces) and spaces used as
(a)
a bunker;
(b)
cargo or machinery spaces;
(c)
lamp rooms or paint rooms;
(d)
store rooms not forming part of the crew accommodation;
(e)
chain lockers; or
(f)
cofferdams.
3.2. Except in the case of en suite sanitary accommodation, there shall not
be a direct opening between the crew accommodation (other than recreation deck
spaces or passageways) and any sanitary accommodation, laundry or drying room
(whether or not that sanitary accommodation, laundry or drying room forms part of
the crew accommodation).
3.3. Paragraph 3.2 does not prohibit a direct opening between spaces
forming part of the sanitary accommodation or between spaces appropriated for
use as laundries or drying rooms.
3.4.
There shall not be a direct opening between a sleeping room and a
galley.
4. Pipes
4.1. Except where no other arrangement is reasonably practicable, steam
supply and exhaust pipes to machinery shall not pass through the crew
accommodation.
4.2. Where such pipes pass through the crew accommodation, they pass
through open deck alleyways only, shall be properly encased, and in the case of
supply pipes, they shall be
(a)
constructed of solid drawn steel or equivalent material;
(b)
of a scantling sufficient to withstand the maximum pressure
from the ship’s boiler system;
(c)
connected by faced flanges properly jointed; and
(d)
fitted with adequate drainage arrangements.
4.3. Steam pipes and hot water pipes leading to radiators in or serving the
crew accommodation shall be properly protected or encased.
4.4.
Hawse pipes shall not be situated in the crew accommodation.
4.5. Chain pipes and ventilators to cargo spaces shall, where they pass
through the crew accommodation, be watertight and gastight.
4.6. Hot water pipes shall be insulated where necessary for the
conservation of heat or to ensure the safety of the crew.
5. Batteries
5.1. Batteries shall not be located in the crew accommodation, and
precautions shall be taken to ensure that fumes from batteries do not discharge into
any part of the crew accommodation.
6. Floors
6.1. Decks that form the floors in the crew accommodation shall be
properly constructed and shall be covered with a material that
(a)
is impervious to water;
(b)
is capable of being easily kept clean; and
(c)
provides a good foothold.
6.2. Where a composition or other like material is used to cover a metal
deck, the material shall be properly laid and the joins where the floor meets the
walls shall be rounded in such a way as to avoid crevices.
6.3. Floors of wash places, bathrooms, shower recesses, laundries and
other compartments where water is used shall be
(a)
covered with rubber-based of other impervious material; and
(b)
fitted with a coving around the perimeter of the
compartment.
6.4. The floor of a galley shall be covered with a rubber-based or other
impervious material.
6.5.
The floor of a galley shall be provided with efficient scuppers.
7. Drainage
7.1.
Efficient drainage shall be provided for the crew accommodation.
7.2. There shall be no drainage from any source into wash places or
sanitary accommodation forming part of the crew accommodation, which shall be
drained separately and independently of other spaces.
8. Surface finishes
8.1. The interior sides and ceilings of the crew accommodation shall be
covered with enamel, paint or other suitable material, of good quality and white or
light in colour.
8.2. Paint, varnishes and other surface materials containing nitro-cellulose
shall not be used.
8.3. All paint, varnish or other finishes in the crew accommodation shall
be capable of being easily kept clean and shall be maintained in good condition.
9. Ventilation system
9.1. Every enclosed space in the crew accommodation, except a cold store
room, shall be provided with a ventilation system capable of maintaining the air in
that space in a sufficiently pure condition for the health and comfort of the crew in
all conditions of weather and climate which the ship is likely to encounter during
the voyages on which she is intended to be engaged, and capable of being
controlled as necessary for that purpose.
9.2. Without prejudice to the generality of paragraph 9.1, in all ships
except those of under 500 gross tonnage, every enclosed space in the crew
accommodation except a cold store room, shall, if it is not ventilated by an air
conditioning system, be provided with a mechanical ventilation system capable of
ensuring rates of air changes sufficient for the type of accommodation for which it
is provided.
9.3. Ships regularly engaged on voyages in the tropics and the Persian
Gulf shall be provided with an air conditioning system.
9.4.
Wherever an air conditioning system is provided, it shall be designed
(a)
to maintain the air at a satisfactory temperature and relative
humidity as compared with outside air conditions, and to ensure a
sufficiency of air changes in all air-conditioned spaces; and
(b)
to take account of the particular characteristics of operations
at sea and not produce objectionable noises and vibrations.
9.5. In ships provided with an air conditioning system, sanitary
accommodation, laundries, drying rooms, changing rooms and pantries shall be
provided with mechanical exhaust ventilation capable of ensuring rates of air
changes sufficient for the type of accommodation for which it is provided.
9.6. A supply of power adequate to operate a mechanical ventilation
system or, if it is provided, an air conditioning system shall be provided. Any such
system fitted shall be in operation at all times when any members of the crew are
on board and the circumstances are such that ventilation by means of such system
is required.
9.7. In every ship, every enclosed space in the crew accommodation
which is not ventilated either by an air conditioning system or by a mechanical
ventilation system shall be provided with a natural system of inlet and exhaust
ventilation suitable to its purpose.
10. Heating system
10.1. Except in the case of ships engaged exclusively in the tropics and the
Persian Gulf, the crew accommodation of all the ships shall be provided with a
heating system which shall
(a)
be permanently installed; and
(b)
whose capacity shall be sufficient to maintain a room
temperature of at least 20°C in all circumstances.
10.2. The heating system may be operated by steam, hot water or electricity
or may be a system supplying warm air.
10.3. The heating system shall be so constructed, installed and, if necessary,
shielded as to avoid the risk of fire and not to constitute a source of danger or
discomfort to the crew.
10.4. The heating system shall be in operation at all times when any
members of the crew are living or working on board the ship and conditions
require its use.
11. Lighting system
11.1.
Crew accommodation shall be properly lit.
11.2. Sleeping rooms, living rooms, mess rooms and hospitals shall be lit
by natural light. The supply of natural light shall be sufficient to read ordinary
newsprint in clear weather anywhere in the room where persons may normally be.
In passenger ships, special arrangements may, however, be permitted.
11.3. An efficient system of electric lighting shall be provided capable of
supplying adequate lighting to all parts of the crew accommodation.
11.4.
Electric lights shall be so arranged as to give the maximum benefit to
the crew.
11.5. The head of each berth shall be fitted with an electric light that is
capable of supplying sufficient light to enable a person of normal vision to read in
the berth.
11.6. If two sources of electricity are not installed independent of each
other, reserve lighting shall be provided for use in case of emergency. Such
emergency lighting may, for example, consist of permanently installed electric
battery lamps that are recharged when the main current is on a similar system.
11.7. The following guidelines are laid down as to the luminous power that
shall be considered suitable for artificial lighting
(a)
sleeping rooms and day rooms
(i)
general lighting
50 lux
(ii) lighting at tables where reading and
writing take place
150 lux
(b)
mess rooms
(i)
general lighting
50 lux
(ii)
lighting on dining tables
150 lux
(c)
sanitary accommodation
(i)
general lighting
50 lux
(ii)
at mirrors
200 lux
(d)
corridors and staircases
general lighting
50 lux
(e)
hospital accommodation
(i)
general lighting
50 lux
(ii)
at any wash basin
100 lux
11.8. The general lighting is measured at a horizontal plane of 850
millimetres above floor level.
12. Sleeping rooms
12.1. Unless the circumstances are such that no members of the crew are
required to sleep on board, sleeping rooms shall be provided for the crew.
12.2. Whenever reasonable and practicable, having regard to the size of the
ship and the activity on which it is to be engaged, there shall be a sufficient number
of sleeping rooms to provide a separate room or rooms for each department.
12.3. A separate sleeping room shall be provided for the master and each
officer and, whenever reasonable and practicable, having regard to the size of the
ship, the activity on which it is to be engaged and its layout, for each person over
the age of 18 years.
12.4. In ships other than passenger ships, the number of persons
accommodated in the same sleeping room shall not exceed two persons, and in the
case of passenger ships shall not exceed four persons.
12.5. When more than one person is accommodated in the same sleeping
room, as far as practicable, they shall be members of the same watch.
12.6. In ships other than passenger ships the minimum floor area that shall
be provided for each person in a sleeping room accommodating one person is
(a)
in the case of a ship of less than 800 gross tonnage, 1.85
square metres;
(b)
in the case of a ship of 800 gross tonnage or more but less
than 1000 gross tonnage, 2.35 square metres;
(c)
in the case of a ship of 1000 gross tonnage or more but less
than 3000 gross tonnage, 3.75 square metres;
(d)
in the case of a ship of 3000 gross tonnage or more but less
than 10000 gross tonnage, 4.25 square metres; and
(e)
in the case of a ship of 10000 gross tonnage or more, 4.75
square metres.
12.7. In ships other than passenger ships the minimum floor area that shall
be provided for each person in a sleeping room accommodating two persons is
(a)
in the case of a ship of less than 3000 gross tonnage, 2.75
square metres;
(b)
in the case of a ship of 3000 gross tonnage or more but less
than 10000 gross tonnage, 3.25 square metres; and
(c)
in the case of a ship of 10000 gross tonnage or more, 3.75
square metres.
12.8. In passenger ships the minimum floor area that shall be provided for
each person in a sleeping room accommodating one person is
(a)
in the case of a ship of less than 800 gross tonnage, 1.85
square metres;
(b)
in the case of a ship of 800 gross tonnage or more but less
than 3000 gross tonnage, 2.35 square metres; and
(c)
in the case of a ship of 3000 gross tonnage or more, 3.75
square metres.
12.9. In passenger ships the minimum floor area that shall be provided for
each person in a sleeping room accommodating two, three or four persons is
(a)
in the case of a ship of less than 3000 gross tonnage, 2.35
square metres;
(b)
in the case of a ship of 3000 gross tonnage or more, 3.00
square metres.
12.10. Where a separate sitting room or day room is not appropriated for the
exclusive use of an officer, the minimum floor area of the sleeping room of that
officer shall be 6.50 square metres in the case of a ship of less than 3000 gross
tonnage and 7.50 square metres in the case of a ship of 3000 gross tonnage or
12.11. In the case of ships in which are employed such groups of ratings as
necessitate the employment of a substantially larger member of ratings than would
otherwise be employed, the Registrar-General may, in respect of such groups,
reduce the minimum floor area of sleeping rooms per person, provided that
(a)
the total sleeping space allotted to the group or groups is not
less than would have been allotted had the numbers not been so increased;
and
(b)
the minimum floor area of sleeping rooms is not less than
(i) 1.67 square metres per person in the case of a ship of
less than 3000 gross tonnage;
(ii) 1.85 square metres per person in the case of a ship of
3000 gross tonnage or more.
12.12. In paragraphs 12.6 to 12.11 (both included), the measurement of floor
area is to
(a)
include floor space occupied by berths, lockers, seats and
chests of drawers; and
(b)
exclude small or irregularly shaped floor spaces that cannot
be used for installing furniture and that do not contribute to the space
available for free movement.
12.13. Where practicable, in the case of a ship of 3000 gross tonnage or
more, a sitting room or a day room adjoining their sleeping room shall be provided
for the Chief Mate and the Chief Engineer.
12.14. Sleeping rooms shall be so planned as to ensure reasonable comfort
for the occupants and to facilitate tidiness.
12.15. The maximum number of persons that may be accommodated in a
sleeping room shall be indelibly and legibly marked in that room.
13. Sleeping berths
13.1. Each sleeping room shall be fitted with a separate berth for each
person to be accommodated in the room.
13.2. The framework of each berth shall be constructed of metal or other
material that is hard and smooth and unlikely to become corroded or harbour
vermin.
13.3. If a berth is constructed with tubular frames, the frames shall be
completely sealed and without perforations.
13.4. Where a sleeping room has more than one berth
(a)
no two berths may be placed so that access to one can only
be obtained over the other;
(b)
berths shall not be arranged in tiers of more than two;
(c)
a berth adjacent to a ship’s side and with a sidelight situated
above the berth shall be in a single tier; and
(d)
an upper berth is to be placed approximately midway
between the bottom of the lower berth and the lower side of the deckhead
13.5. The bottom of a berth shall not be less than 300 millimetres from the
13.6. A berth shall be at least 198 centimetres long and at least 80
centimetres wide, the measurements being taken inside the lee-boards or lee-rails,
if any, and at right angles to each other.
13.7. Each berth shall be fitted with
(a)
a spring bottom or other bottom suitable for use with a
(b)
a mattress made of material that will resist damp and is
unlikely to harbour vermin.
13.8. Where berths are arranged in a double tier, a bottom of dust-proof
material shall be fitted to the underside of the upper berth.
13.9. Lee-boards fitted to berths shall be constructed of hardwood or other
suitable material and shall be so made as to be unlikely to harbour vermin.
13.10. Curtains shall be fitted to berths if there is more than one berth in the
14. Furniture and fittings
14.1. Each sleeping room shall be provided with the following minimum
furniture and fittings
(a)
a clothes locker or wardrobe which shall be at least 1.52
metres high with a cross section area of at least 12.30 square decimetres and
fitted with a shelf and a loop for a padlock;
(b)
a drawer or equivalent space of at least 0.056 cubic metres
for each occupant of the room;
(c)
a table or desk, which may be of the fixed, drop-leaf or slide-
out type, and with comfortable seating accommodation as necessary;
(d)
a mirror and a cabinet for toilet requisites;
(e)
a book rack;
(f)
one coat hook in addition to any coat hooks which may be
fitted in a locker or wardrobe;
(g)
a curtain or blind fitted to each sidescuttle; and
(h)
in ships of 5000 gross tonnage or more, other than passenger
ships, a wash basin, unless a wash basin is fitted in private facilities
provided for the occupant/s of that sleeping room.
14.2. All furniture shall be of smooth, hard material not liable to warp or
corrode and shall be so made as to be unlikely to harbour vermin.
15. Mess rooms
15.1. Unless the circumstances are such that no members of the crew are
required to mess on board, mess rooms shall be provided for the crew.
15.2. Mess rooms shall be separate from sleeping rooms and as close as
practicable to the galley
Provided that in ships of less than 300 gross tonnage, the galley may
be used as a mess room
Provided further that in ships of less than 300 gross tonnage, if not
combined with a galley, mess rooms may be combined with sleeping
accommodation if it is impracticable to provide a separate mess room.
15.3. Unless otherwise provided in the agreement with the crew, in ships of
500 gross tonnage or more, mess rooms provided for the master and officers shall
be separate from those provided for ratings.
15.4. Unless otherwise provided in the agreement with the crew, in ships of
5000 gross tonnage or more, whenever it is reasonable and practicable,
consideration shall be given to provide a separate mess room for the catering and
serving staff if their number exceeds five persons.
15.5. The floor area of every mess room shall be not less than 1 square
metre per person for as many persons as are likely to use the room at any one time.
15.6. Mess rooms shall be equipped with tables and approved seats, fixed
or movable, sufficient for the number of persons likely to use them at any one time.
15.7. The Registrar-General may permit such exceptions to the provisions
of paragraphs 15.3 to 15.6 (both included) as may be necessary to meet the special
conditions in passenger ships.
15.8. Where available pantries are not accessible to mess rooms, adequate
lockers for mess utensils and proper facilities for washing utensils shall be
provided.
15.9. The surfaces of tables and seats shall be easy to clean and resistant to
cracks and damp.
15.10. In ships of 500 gross tonnage or more, there shall at all times be
(a)
access to appropriately placed cooling equipment with a
capacity corresponding to the number of persons using the mess rooms;
(b)
facilities for getting hot beverages; and
(c)
facilities for getting cold drinking water.
16. Recreation rooms
16.1. In ships of 300 gross tonnage or more, one or more places shall be
provided on an open deck to which the crew have access when off duty. Such
space/s shall be of a suitable size taking into consideration the size and
arrangement of the crew and the ship.
16.2. In ships of 300 gross tonnage or more, recreation rooms, conveniently
situated and appropriately furnished shall be provided for officers and ratings. The
furniture in such rooms shall include a bookcase as well as furniture providing the
opportunity to read, write and play games. Where such rooms are not provided
separately from the mess rooms, the latter shall be planned, sized, furnished and
equipped to give recreational facilities.
16.3. In ships of 8000 gross tonnage or more, a smoking room or reading
room in which films or television may be shown and a hobby and games room
shall be provided. Whenever reasonable and practicable, consideration shall be
given to provide a swimming pool.
16.4. In ships of 1000 gross tonnage or more, when planning the mess
rooms and recreation rooms, whenever reasonable and practicable, consideration
shall be given to provide a canteen.
17. Sanitary and laundry arrangement
17.1. Sufficient sanitary accommodation, including washbasins and tub
and/or shower baths, shall be provided in all ships.
17.2. Separate sanitary accommodation shall be provided for males and
females.
17.3. In ships of 300 gross tonnage or more, there shall be, for every six
persons or fewer in each of the groups of officers and other crew who do not have
their own private facilities attached to their sleeping rooms, a minimum of one
water closet and one bath and/or shower.
17.4. Without prejudice to the requirements of paragraph 17.3, the
following minimum number of separate water closets, including the separate water
closets required by paragraph 17.10, shall be provided
(a)
in ships of less than 800 gross tonnage: three;
(b)
in ships of 800 gross tonnage or more but less than 3000
gross tonnage: four;
(c)
in ships of 3000 gross tonnage or more: six; and
(d)
in ships where the radio officers or operators are
accommodated in an isolated position, sanitary facilities near or adjacent
thereto shall be provided.
17.5. In ships of 5000 gross tonnage or more but under 15000 gross
tonnage, at least five officers’ sleeping rooms shall be provided with adjoining
private bathroom facilities fitted with a water closet, bath and/or shower and a
wash basin. The wash basin may be situated in the sleeping room.
17.6. Without prejudice to the requirements of paragraph 17.5, in ships of
10000 gross tonnage or more but less than 15000 gross tonnage, every officer’s
sleeping room which is not provided with adjoining private bathroom shall have an
intercommunicating bathroom similarly fitted.
17.7. In ships of 15000 gross tonnage or more, every officer’s sleeping
room shall be provided with an adjoining private bathroom facilities fitted with a
water closet, bath and/or shower and a wash basin. The wash basin may be situated
in the sleeping room.
17.8. In ships of 25000 gross tonnage or more, other than passenger ships,
at least one bathroom shall be provided to every two members of other crew. The
bathroom shall be located either in an intercommunicating compartment between
adjoining sleeping rooms or opposite the entrance of such rooms and shall be fitted
with a water closet, bath and/or shower and a wash basin.
17.9. When the total number of the crew exceeds 100 and in passenger
ships normally engaged on voyages of not more than four hours duration, the
Registrar-General may authorise special arrangements or a reduction in the number
of facilities required.
17.10. In ships of 1600 gross tonnage or more, there shall be provided
(a)
a separate compartment containing a water closet and a wash
basin easily accessible from the navigation bridge for the use of those
working in that area;
(b)
a water closet and a wash basin easily accessible from the
machinery space if not fitted near the engine room control centre; and
(c)
except in ships in which private sleeping rooms and private
or semi-private bathroom facilities are provided for the use of all engine
room personnel, a wash place fitted with individual clothes lockers as well
as with showers and wash basins sufficient in number having regard to the
number of such personnel, not provided with private sleeping rooms and
private or semi-private bathroom facilities and situated in a place outside
but conveniently close to the machinery space.
17.11. An adequate supply of cold and hot fresh water shall be laid on to
each wash basin, bath and shower.
17.12. Washbasins and baths/showers shall be of adequate size, constructed
of approved material with a smooth surface not liable to crack, flake or corrode
and fitted with an efficient and hygienic discharge system.
17.13. All water closets shall have ventilation to the open air, independently
of any other part of the accommodation.
17.14. All water closets shall be of an approved pattern and provided with
(a)
an adequate flush of water, which must be always available
through self-closing non-concussive supply valves;
(b)
a connection to a vacuum discharge pipe system or a soil
pipe of not less than 100 millimetres in diameter so constructed as to
facilitate cleaning and minimise the risk of obstruction; and
(c)
a device for holding toilet paper.
17.15. Water closets shall be situated convenient to, but separate from,
sleeping rooms and wash rooms, without direct access from the sleeping rooms or
from a passage between sleeping rooms and water closets to which there is no
other access
Provided that this requirement shall not apply where a water closet is
located in a compartment between two sleeping rooms having a total of not more
than four persons.
17.16. Where there are more than one water closet in a compartment, they
shall be sufficiently screened to ensure privacy.
17.17. All soil pipes and waste pipes shall be of adequate dimensions and
shall be fitted in a manner that will facilitate cleaning and minimise the risk of
obstruction.
17.18. In all ships facilities for washing, drying and ironing clothes shall be
provided on a scale appropriate to the size of the crew and the normal duration of
the voyage. The facilities to be provided shall include
(a)
suitable sinks and washing machines, which may be installed
in wash rooms if provision of a separate laundry facility is not reasonably
practicable, with an adequate supply of cold and hot fresh water or means of
heating water;
(b)
drying machines or adequately heated and ventilated drying
rooms; and
(c)
electric irons and ironing boards or their equivalent.
17.19. The facilities for drying clothes shall be provided in a compartment
separate from sleeping rooms and mess rooms, adequately ventilated and heated
and equipped with lines or other fittings for hanging clothes.
18. Oilskin lockers
18.1. Adequately ventilated lockers or compartments for use solely for
hanging oilskins and other working clothes shall be provided in a place outside but
conveniently near to the sleeping rooms.
19. Offices
19.1. In ships of 3000 gross tonnage or more, two separate appropriately
furnished rooms shall be provided for use as offices for the crew in the deck and
engine departments respectively.
20. Galleys
20.1. Except in ships in which no member of the crew will be required to
mess on board, a galley for the preparation of food for the crew shall be provided.
20.2. The galley shall be situated as near as practicable to the mess rooms
provided for the crew.
20.3. The galley shall be provided with all equipment necessary to enable
food in sufficient quantity to be properly and readily prepared for all persons
whom the galley is intended to serve and served hot to them in the mess room in all
weathers.
20.4. All fixed equipment shall be so arranged that it, and all spaces round
and behind it, can easily be kept clean.
20.5. The galley shall be provided with facilities for washing up. Hot, fresh
water and cold drinking water shall be laid on to any sink or other washing up
facility in a galley.
20.6. No salt water tap shall be fitted in the galley nor in any place at which
food may be prepared.
20.7. A supply of water connected to a tap or other suitable connection
shall be provided in each galley to facilitate washing down the floor.
20.8. All furniture and fittings in the galley shall be made of a material
which is impervious to dirt and moisture and all metal parts of furniture and
fittings shall be rustproof. The bottoms of all fitted furniture shall be either flush
with the deck or fitted high enough to enable the deck space beneath to be easily
kept clean.
20.9. The ventilation in the galley shall be so arranged as to ensure an
adequate supply of fresh air and the efficient discharge of fumes into the open air.
21. Dry provision store rooms
21.1. Dry provision store rooms used exclusively for the storage of dry
provisions for the crew shall be provided and shall have sufficient capacity having
regard to
(a)
the maximum period likely to elapse between successive
replenishments of stores, and
(b)
the maximum number of the crew to be carried.
21.2. Dry provision store rooms shall be so situated, constructed and
ventilated as to avoid deterioration of the stores through heat draught,
condensation or infestation by insects or vermin.
21.3. A dry provision store shall not be
(a)
situated close to a space in which heat is generated, unless it
is adequately insulated against heat; or
(b)
used for the storage of bedding or textiles.
22. Cold storage rooms and refrigerating equipment
22.1. Refrigerating equipment and cold storage rooms shall be provided
and be adequate for the storage of perishable provisions for the crew having regard
to the period likely to elapse between successive replenishment of stores. In ships
of less than 500 gross tonnage, there shall be provided either cold storage rooms or
adequate alternative cold storage facilities.
The Registrar-General may either on a case by case basis Power to make
recom-
or through the issue of Merchant Shipping Notices -
mendations.
(a)
determine, lay down, prescribe, set or specify what
may be required to be determined, laid down, prescribed, set or
specified by these rules or by the Convention, or expound on the
requirements of these rules or of such Convention or clarify
their applicability or interpretation; and
(b) extend any of the provisions of the Convention to
other classes of Maltese ships, or to other classes of ships when
they are in Maltese waters;
and in so doing, and without prejudice to the generality of the
foregoing, the Registrar-General shall be guided by the circulars,
clarifications, codes, decisions, directives, guidelines, instruments,
interpretations, manuals, notices, publications, recommendations,
regulations, resolutions, rules or any other similar medium of the
International Labour Organisation or any other body or organisation
with an appropriate knowledge or competence on the subject matter.
PART II
EMPLOYMENT
Minimum age
(Rules 90, 92 and 96)
REQUIREMENTS FOR NEW SHIPS
1. General requirements for accommodation
1.1. (a) There shall be adequate headroom in all seafarer accommodation;
the minimum permitted headroom in all seafarer accommodation where full
and free movement is necessary shall be not less than 203 centimeters; the
competent authority may permit some limited reduction in headroom in any
space, or part of any space, in such accommodation where it is satisfied that
such reduction
(i)
is reasonable; and
(ii)
will not result in discomfort to the seafarers;
(b)
the accommodation shall be adequately insulated;
(c)
in ships other than passenger ships, as defined in the
International Convention for the Safety of Life at Sea, 1974, in its up to date
version, (SOLAS Convention), sleeping rooms shall be situated above the
load line amidships or aft, except that in exceptional cases, where the size,
type or intended service of the ship renders any other location
impracticable, sleeping rooms may be located in the fore part of the ship,
but in no case forward of the collision bulkhead;
(d)
in passenger ships, and in special ships constructed in
compliance with the IMO Code of Safety for Special Purpose Ships, 1983,
in its up to date version (hereinafer referred to as special purpose ships), the
competent authority may, on condition that satisfactory arrangements are
made for lighting and ventilation, permit the location of sleeping rooms
below the load line, but in no case shall they be located immediately
beneath working alleyways;
(e)
there shall be no direct openings into sleeping rooms from
cargo and machinery spaces or from galleys, storerooms, drying rooms or
communal sanitary areas; that part of a bulkhead separating such places
from sleeping rooms and external bulkheads shall be efficiently constructed
of steel or other approved substance and be watertight and gas-tight;
(f)
the materials used to construct internal bulkheads, panelling
and sheeting, floors and joinings shall be suitable for the purpose and
conducive to ensuring a healthy environment;
(g)
proper lighting and sufficient drainage shall be provided; and
(h)
accommodation and recreational and catering facilities shall
meet the requirements of the related provisions on health and safety
protection and accident prevention, with respect to preventing the risk of
exposure to hazardous levels of noise and vibration and other ambient
factors and chemicals on board ships, and to provide an acceptable
occupational and on-board living environment for seafarers.
1.2. In the case of ships where there is need to take account, without
discrimination, of the interests of seafarers having differing and distinctive
religious and social practices, the competent authority may, after consultation with
the shipowners’ and the bona fide seafarers’ organisations concerned, permit fairly
applied variations in respect of this Schedule on condition that such variations do
not result in overall facilities less favourable than those which would result from
the application of this Schedule.
1.3. The Registrar-General may, after consultation with the shipowners’
and the bona fide seafarers’ organisations concerned, exempt ships of less than 200
gross tonnage where it is reasonable to do so, taking account of the size of the ship
and the number of persons on board in relation to the requirements of the following
provisions of this Schedule
(a)
paragraphs 2.2, 6.4 and 8.1; and
(b)
paragraphs 4.6 and 4.8 to 4.12 inclusive, with respect to
floor area only.
1.4. Any exemptions with respect to the requirements of this Schedule
may be made only where they are expressly permitted in this Schedule and only for
particular circumstances in which such exemptions can be clearly justified on
strong grounds and subject to protecting the seafarers’ health and safety.
2. Ventilation and Heating
2.1.
Sleeping rooms and mess rooms shall be adequately ventilated;
2.2. Ships, except those regularly engaged in trade where temperate
climatic conditions do not require this, shall be equipped with air conditioning for
seafarer accommodation, for any separate radio room and for any centralized
machinery control room;
2.3. All sanitary spaces shall have ventilation to the open air,
independently of any other part of the accommodation; and
2.4. Adequate heat through an appropriate heating system shall be
provided, except in ships exclusively on voyages in tropical climates.
3. Lighting
3.1. With respect to requirements for lighting, subject to such special
arrangements as may be permitted in passenger ships, sleeping rooms and mess
rooms shall be lit by natural light and provided with adequate artificial light.
4. Sleeping Accommodation
4.1. In ships other than passenger ships, an individual sleeping room shall
be provided for each seafarer; in the case of ships of less than 3,000 gross tonnage
or special purpose ships, exemptions from this requirement may be granted by the
competent authority after consultation with the shipowners’ and the bona fide
seafarers’ organisations concerned.
4.2.
Separate sleeping rooms shall be provided for men and for women.
4.3. Sleeping rooms shall be of adequate size and properly equipped so as
to ensure reasonable comfort and to facilitate tidiness.
4.4.
A separate berth for each seafarer shall in all circumstances be
provided.
4.5. The minimum inside dimensions of a berth shall be at least 198
centimetres by 80 centimetres.
4.6.
In single berth seafarers' sleeping rooms the floor area shall not be
less than
(a)
4.5 square metres in ships of less than 3,000 gross tonnage;
(b)
5.5 square metres in ships of 3,000 gross tonnage or over but
less than 10,000 gross tonnage;
(c)
7 square metres in ships of 10,000 gross tonnage or over;
4.7. However, in order to provide single berth sleeping rooms on ships of
less than 3,000 gross tonnage, passenger ships and special purpose ships, the
competent authority may allow a reduced floor area.
4.8. In ships of less than 3,000 gross tonnage other than passenger ships
and special purpose ships, sleeping rooms may be occupied by a maximum of two
seafarers; the floor area of such sleeping rooms shall not be less than 7 square
metres.
4.9. On passenger ships and special purpose ships the floor area of
sleeping rooms for seafarers not performing the duties of ships' officers shall not
be less than
(a)
7.5 square metres in rooms accommodating two persons;
(b)
11.5 square metres in rooms accommodating three persons;
(c)
14.5 square metres in rooms accommodating four persons;
4.10. On special purpose ships sleeping rooms may accommodate more
than four persons; the floor area of such sleeping rooms shall not be less than 3.6
square metres per person;
4.11. On ships other than passenger ships and special purpose ships,
sleeping rooms for seafarers who perform the duties of ships' officers, where no
private sitting room or day room is provided, the floor area per person shall not be
less than
(a)
7.5 square metres in ships of less than 3,000 gross tonnage;
(b)
8.5 square metres in ships of 3,000 gross tonnage or over but
less than 10,000 gross tonnage;
(c)
10 square metres in ships of 10,000 gross tonnage or over;
4.12. On passenger ships and special purpose ships the floor area for
seafarers performing the duties of ships' officers where no private sitting room or
day room is provided, the floor area per person for junior officers shall not be less
than 7.5 square metres and for senior officers not less than 8.5 square metres;
junior officers are understood to be at the operational level, and senior officers at
the management level;
4.13. The master, the chief engineer and the chief navigating officer shall
have, in addition to their sleeping rooms, an adjoining sitting room, day room or
equivalent additional space; ships of less than 3,000 gross tonnage may be
exempted by the competent authority from this requirement after consultation with
the shipowners’ and the bona fide seafarers’ organizations concerned;
4.14. For each occupant, the furniture shall include a clothes locker of
ample space (minimum 475 litres) and a drawer or equivalent space of not less
than 56 litres; if the drawer is incorporated in the clothes locker then the combined
minimum volume of the clothes locker shall be 500 litres; it shall be fitted with a
shelf and be able to be locked by the occupant so as to ensure privacy;
4.15. Each sleeping room shall be provided with a table or desk, which may
be of the fixed, drop-leaf or slide-out type, and with comfortable seating
accommodation as necessary.
5. Mess Rooms
5.1. Mess rooms shall be located apart from the sleeping rooms and as
close as practicable to the galley; ships of less than 3,000 gross tonnage may be
exempted by the competent authority from this requirement after consultation with
the shipowners’ and the bona fide seafarers’ organizations concerned; and
5.2. Mess rooms shall be of adequate size and comfort and properly
furnished and equipped (including ongoing facilities for refreshment), taking
account of the number of seafarers likely to use them at any one time; provision
shall be made for separate or common mess room facilities as appropriate.
6. Sanitary Facilities
6.1. All seafarers shall have convenient access on the ship to sanitary
facilities meeting minimum standards of health and hygiene and reasonable
standards of comfort, with separate sanitary facilities being provided for men and
for women;
6.2. There shall be sanitary facilities within easy access of the navigating
bridge and the machinery space or near the engine room control centre; ships of
less than 3,000 gross tonnage may be exempted by the competent authority from
this requirement after consultation with the shipowners’ and the bona fide
seafarers’ organizations concerned;
6.3. In all ships a minimum of one toilet, one wash basin and one tub or
shower or both for every six persons or less who do not have personal facilities
shall be provided at a convenient location;
6.4. With the exception of passenger ships, each sleeping room shall be
provided with a washbasin having hot and cold running fresh water, except where
such a washbasin is situated in the private bathroom provided;
6.5. In passenger ships normally engaged on voyages of not more than
four hours’ duration, consideration may be given by the competent authority to
special arrangements or to a reduction in the number of facilities required; and
6.6.
Hot and cold running fresh water shall be available in all wash places.
7. Hospital Accommodation
7.1. The hospital accommodation shall, in all weathers, be easy of access,
provide comfortable housing for the occupants and be conducive to their receiving
prompt and proper attention.
7.2. The hospital accommodation should be designed so as to facilitate
consultation and the giving of medical first aid and to help prevent the spread of
infectious diseases.
7.3. The arrangement of the entrance, berths, lighting, ventilation, heating
and water supply should be designed to ensure the comfort and facilitate the
treatment of the occupants.
7.4. Sanitary accommodation should be provided for the exclusive use of
the occupants of the hospital accommodation, either as part of the accommodation
or in close proximity thereto. Such sanitary accommodation should comprise a
minimum of one toilet, one washbasin and one tub or shower.
8. Laundry Facilities
8.1.
Appropriately situated and furnished laundry facilities shall be
available.
9. Recreational Facilities
9.1. All ships shall have a space or spaces on open deck to which the
seafarers can have access when off duty, which are of adequate area having regard
to the size of the ship and the number of seafarers on board.
10. Other Facilities
10.1. All ships shall be provided with separate offices or a common ship’s
office for use by deck and engine departments; ships of less than 3,000 gross
tonnage may be exempted by the competent authority from this requirement after
consultation with the shipowners’ and the bona fide seafarers’ organizations
concerned.
10.2. Ships regularly trading to mosquito-infested ports shall be fitted with
appropriate devices as required by the competent authority.
10.3. Appropriate seafarers’ recreational facilities, amenities and services,
as adapted to meet the special needs of seafarers who must live and work on ships,
shall be provided on board for the benefit of all seafarers, taking into account the
associated provisions on health and safety protection and accident prevention.
Appendix I
DESIGN AND CONSTRUCTION
1. External bulkheads of sleeping rooms and mess rooms should be
adequately insulated. All machinery casings and all boundary bulkheads of galleys
and other spaces in which heat is produced should be adequately insulated where
there is a possibility of resulting heat effects in adjoining accommodation or
passageways. Measures should be taken to provide protection from heat effects of
steam or hot-water service pipes or both.
2. Sleeping rooms, mess rooms, recreation rooms and alleyways in the
accommodation space should be adequately insulated to prevent condensation or
overheating.
3. The bulkhead surfaces and deckheads should be of material with a
surface easily kept clean. No form of construction likely to harbour vermin should
be used.
4. The bulkhead surfaces and deckheads in sleeping rooms and mess
rooms should be capable of being easily kept clean and light in colour with a
durable, non-toxic finish.
5. The decks in all seafarer accommodation should be of approved
material and construction and should provide a non-slip surface impervious to
damp and easily kept clean.
6. Where the floorings are made of composite materials, the joints with the
sides should be profiled to avoid crevices.
Appendix II
VENTILATION
1. The system of ventilation for sleeping rooms and mess rooms should be
controlled so as to maintain the air in a satisfactory condition and to ensure a
sufficiency of air movement in all conditions of weather and climate.
2. Air-conditioning systems, whether of a centralized or individual unit
type, should be designed to
(a)
maintain the air at a satisfactory temperature and relative
humidity as compared to outside air conditions, ensure a sufficiency of air
changes in all air-conditioned spaces, take account of the particular
characteristics of operations at sea and not produce excessive noises or
vibrations; and
(b) facilitate easy cleaning and disinfection to prevent or control the
spread of disease.
3. Power for the operation of the air conditioning and other aids to
ventilation required by the preceding paragraphs of this Schedule should be
available at all times when seafarers are living or working on board and conditions
so require. However, this power need not be provided from an emergency source.
Appendix III
HEATING
1. The system of heating the seafarer accommodation should be in
operation at all times when seafarers are living or working on board and conditions
require its use.
2. In all ships in which a heating system is required, the heating should be
by means of hot water, warm air, electricity, steam or equivalent. However, within
the accommodation area, steam should not be used as a medium for heat
transmission. The heating system should be capable of maintaining the
temperature in seafarer accommodation at a satisfactory level under normal
conditions of weather and climate likely to be met within the trade in which the
ship is engaged.
3. Radiators and other heating apparatus should be placed and, where
necessary, shielded so as to avoid risk of fire or danger or discomfort to the
occupants.
Appendix IV
LIGHTING
1. In all ships, electric light should be provided in the seafarer
accommodation. If there are not two independent sources of electricity for lighting,
additional lighting should be provided by properly constructed lamps or lighting
apparatus for emergency use.
2. In sleeping rooms an electric reading lamp should be installed at the
head of each berth.
Appendix V
SLEEPING ROOMS
1. There should be adequate berth arrangements on board, making it as
comfortable as possible for the seafarer and any partner who may accompany the
seafarer.
2. Where the size of the ship, the activity in which it is to be engaged and
its layout make it reasonable and practicable, sleeping rooms should be planned
and equipped with a private bathroom, including a toilet, so as to provide
reasonable comfort for the occupants, facilitate tidiness and promote hygiene.
3. As far as practicable, sleeping rooms of seafarers should be so arranged
that watches are separated and that no seafarers working during the day share a
room with watchkeepers.
4. In the case of seafarers performing the duty of petty officers there
should be no more than two persons per sleeping room.
5. Space occupied by berths and lockers, chests of drawers and seats
should be included in the measurement of the floor area. Small or irregularly
shaped spaces which do not add effectively to the space available for free
movement and cannot be used for installing furniture should be excluded.
6. Berths should not be arranged in tiers of more than two; in the case of
berths placed along the ship's side, there should be only a single tier where a
sidelight is situated above a berth.
7. The lower berth in a double tier should be not less than 30 centimetres
above the floor; the upper berth should be placed approximately midway between
the bottom of the lower berth and the lower side of the deckhead beams.
8. The framework and the lee-board, if any, of a berth should be of
approved material, hard, smooth, and not likely to corrode or to harbour vermin.
9. If tubular frames are used for the construction of berths, they should be
completely sealed and without perforations which would give access to vermin.
10. Each berth should be fitted with a comfortable mattress with cushioning
bottom or a combined cushioning mattress, including a spring bottom or a spring
mattress. The mattress and cushioning material used should be made of approved
material. Stuffing of material likely to harbour vermin should not be used.
11. When one berth is placed over another, a dust-proof bottom should be
fitted beneath the bottom mattress or spring bottom of the upper berth.
12. The furniture should be of smooth, hard material not liable to warp or
corrode.
13. Sleeping rooms should be fitted with curtains or equivalent for the
sidelights.
14. Sleeping rooms should be fitted with a mirror, small cabinets for toilet
requisites, a book rack and a sufficient number of coat hooks.
Appendix VI
MESS ROOMS
1. Where separate mess room facilities are to be provided to seafarers,
then separate mess rooms should be provided for
(a)
master and officers; and
(b)
petty officers and other seafarers.
2. On ships other than passenger ships, the floor area of mess rooms for
seafarers should be not less than 1.5 square metres per person of the planned
seating capacity.
3. In all ships, mess rooms should be equipped with tables and appropriate
seats, fixed or movable, sufficient to accommodate the greatest number of
seafarers likely to use them at any one time.
4. There should be available at all times when seafarers are on board
(a) refrigerator, which should be conveniently situated and of
sufficient capacity for the number of persons using the mess room or mess
rooms;
(b)
facilities for hot beverages; and
(c)
cool water facilities.
5. Where available pantries are not accessible to mess rooms, adequate
lockers for mess utensils and proper facilities for washing utensils should be
provided.
6. The tops of tables and seats should be of damp-resistant material.
Appendix VII
SANITORY ACCOMODATION
1. Washbasins and tub baths should be of adequate size and constructed of
approved material with a smooth surface not liable to crack, flake or corrode.
2. All toilets should be of an approved pattern and provided with an ample
flush of water or with some other suitable flushing means, such as air, which are
available at all times and independently controllable.
3. Sanitary accommodation intended for the use of more than one person
should comply with the following
(a)
floors should be of approved durable material, impervious to
damp, and should be properly drained;
(b) bulkheads should be of steel or other approved material and
should be watertight up to at least 23 centimetres above the level of the deck;
(c)
the accommodation should be sufficiently lit, heated and
ventilated;
(d) toilets should be situated convenient to, but separate from,
sleeping rooms and wash rooms, without direct access from the sleeping
rooms or from a passage between sleeping rooms and toilets to which there is
no other access; this requirement does not apply where a toilet is located in a
compartment between two sleeping rooms having a total of not more than
four seafarers; and
(e)
where there is more than one toilet in a compartment, they should
be sufficiently screened to ensure privacy.
4. The laundry facilities provided for seafarers' use should include
(a)
washing machines;
(b) drying machines or adequately heated and ventilated drying
rooms; and
(c)
irons and ironing boards or their equivalent.
Appendix VIII
OTHER FACILITIES
Where separate facilities for engine department personnel to change their
clothes are provided, they should be
(a)
located outside the machinery space but with easy access to it;
and
(b) fitted with individual clothes lockers as well as with tubs or
showers or both and washbasins having hot and cold running fresh water.
Appendix IX
BEDDING, MESS UTENSILS AND MISCELLENIOUS PROVISIONS
The following principles should be applied
(a)
clean bedding and mess utensils should be supplied by the
shipowner to all seafarers for use on board during service on the ship, and
such seafarers should be responsible for their return at times specified by the
master and on completion of service in the ship;
(b) bedding should be of good quality, and plates, cups and other
mess utensils should be of approved material which can be easily cleaned;
and
(c)
towels, soap and toilet paper for all seafarers should be provided
by the shipowner.
Appendix X
RECREATIONAL FACILITIES, MAIL AND SHIP VISIT ARRANGEMENTS
1. Recreational facilities and services should be reviewed frequently to
ensure that they are appropriate in the light of changes in the needs of seafarers
resulting from technical, operational and other developments in the shipping
industry.
2. Furnishings for recreational facilities should as a minimum include a
bookcase and facilities for reading, writing and, where practicable, games.
3. Where practicable, consideration may be given to including the
following facilities at no cost to the seafarer
(a)
a smoking room;
(b)
television viewing and the reception of radio broadcasts;
(c)
showing of films, the stock of which should be adequate for the
duration of the voyage and, where necessary, changed at reasonable intervals;
(d) sports equipment including exercise equipment, table games and
deck games;
(e)
where possible, facilities for swimming;
(f)
a library containing vocational and other books, the stock of
which should be adequate for the duration of the voyage and changed at
reasonable intervals;
(g)
facilities for recreational handicrafts;
(h) electronic equipment such as a radio, television, video recorders,
DVD/CD player, personal computer and software and cassette recorder/
player;
(i)
where appropriate, the provision of bars on board for seafarers
unless these are contrary to national, religious or social customs; and
(j)
reasonable access to ship-to-shore telephone communications,
and email and Internet facilities, where available, with any charges for the
use of these services being reasonable in amount.
4. Every effort shall be given to ensuring that the forwarding of seafarers'
mail is as reliable and expeditious as possible.
Appendix XI
PREVENTION OF NOISE AND VIBRATION
1. Accommodation and recreational and catering facilities should be
located, as far as practicable, from the engines, steering gear rooms, deck winches,
ventilation, heating and air-conditioning equipment and other noisy machinery and
apparatus.
2. Acoustic insulation or other appropriate sound-absorbing materials
should be used in the construction and finishing of bulkheads, deckheads and
decks within the sound-producing spaces as well as self-closing noise-isolating
doors for machinery spaces.
3. Engine rooms and other machinery spaces should be provided,
wherever practicable, with soundproof centralized control rooms for engine-room
personnel. Working spaces, such as the machine shop, should be insulated, as far
as practicable, from the general engine-room noise and measures should be taken
to reduce noise in the operation of machinery.
4. No accommodation or recreational or catering facilities should be
exposed to excessive vibration.
Subject to the provisions of this rule and notwithstanding
the provisions of any other law, rule and order made or deemed to be
made thereunder, no person under the age of sixteen years shall be
employed on any Maltese ship.
(Rules 97, 98, 99, 100, 101 and 103)
Part I - Medicines
1. CARDIOVASCULAR
(a) Cardio-circulatory analeptics – Sympathomimetics
Adrenalin, lin 1000. 0,5 ml or less
(b) Anti-angina preparations
Dinitrate of isosorbide 20mg tablets (Cedocard retard)
Nifedipine 30 mg tablets (Adalat)
(c) Diuretics
Frusemide 40 mg tablets (Lasix)
Frusemide 20 mg ampoule (Lasix)
(d) Anti-haemorrhagics including uterotonics if there are
women on board
ergometrine drops 0,25 mg/ml (Methergine)
ergometrine ampoule 0,2 mg/ml (Methergine)
(e) Anti-hypertensive
propanolol 40 mg tablets (Inderal)
2. GASTRO-INTESTINAL SYSTEM
(a) Medicines for gastric and duodenal disorders
-
Histamine H, receptor anti-ulcer antagonists
cimetidine 200 mg tablets (Tagamet)
-
Anti-acid mucous dressings
hydroxide of magnesium 400 mg tablets
(maalox plus)
Suspension of hydroxide of magnesium 400 mg/5
ml, 350 ml (Maalox TC)
(b) Anti-emetics
Metoclopramide 2ml ampoule (Maxolon)
Domperidone 30 mg supp. (Motilium)
(c) Lubricant laxatives
Glycerol supp. BP.
(d) Anti-diarrhoeals
preparation sachet (glucose 20 g, sodium chloride 3,5 g,
sodium bicarbonate 2,5 g, potassium chloride 1,5 g)
Loperamide 2 mg capsule (Imodium)
(e) Intestinal antiseptics
Active Charcoal 50 g granules or powder (Charcodote)
(f) Haemorrhoid preparations
Cinchocaine and Prednisolone supp. (Sheriproct)
and ointment (Scheriproct)
3. ANALGESICS AND ANTI-SPASMODICS
(a) Analgesics,
anti-pyretics
and
anti-inflammatory
preparations
Acetylsalicylic acid 300 mg tablets (Aspirin)
paracetamol 500 mg tablets
(b) Powerful analgesics
Indomethacine 50 mg capsules (Indocid)
Ergotamine tartrate, tablets (Cafergot)
Morphine sulphate 10 mg/ml ampoule
(c) Spasmolytics
Hyoscine butylbrosnide 20 mg/ml (Buscopen) ampoule
Hyoscine butylbromide 10 mg tablets (Buscopen)
4. NERVOUS SYSTEM
(a) Anxiolytics
diazepam 5 mg tablets (Valium)
diazepam 10 mg ampoule (Valium)
(b) Neuroleptics
Haloperidol 5 mg ampoule (Haldol)
(c) Seasickness remedies
Cinnarazine 15 mg tablets (Stugeron)
Domperidone maleate 10 mg (Motilium)
(d) Anti-epileptics
Phenobarbital 60 mg tablets
5. ANTI-ALLERGICS AND ANTI-ANAPHYLACTICS
(a) H 1 Anti-histaminics
Chlorphenamine maleate 4 mg tablets (Piriton)
(b) Injectable Glucocorticoids
Methylprednisolone 40 mg ampoules (Solo-Medrone)
6. RESPIRATORY SYSTEM
(a) Bronchospasm preparations
Salbutamol inhaler (Ventolin) 200 doses
Salbutamol 0,5 mg ampoule (Ventolin)
Theophyilline 200 mg tablets (Theo-dur)
(b) Anti-tussives
Codeine linctus. 15mg/5ml 100ml
Pholcodine linctus 10mg/5ml 100 ml
(c) Medicines used for colds and sinusitis
Pseudoephedrine hydrochloride tablets 60mg (Sudafed)
Ephedrine nasal drops, 0.5%, 10ml
7. ANTI-INFECTION
(a) Antibiotics (at least two families)
Amoxycillin 500 mg capsules (Amoxil)
Amoxycillin 1g ampoule
Erythromycin 500 mg tablets (Erythrocin)
Doxycycline 100 mg capsules (Vibramycin)
Penicillin G 1.2 G (Crystapen)
(b) Anti-bacterial Sulphamide
Trimethroprim 50mg (Trimopan)
Co-trimoxazole 480mg tablets (Septrin)
(c) Urinary antiseptics
Co-trimoxazole 480mg tablets (Septrin)
(d) Anti-parasitics
Mebendazole 100 mg tablets (Vermox)
Chloroquine 200 mg capsules (Nivaquine)
proguanil 100 mg tablets (Paludrine)
Quinine 300 mg tablets
Mefloquine 250 mg tablets (Lariam)
Pyrimethamine + Sulfadoxine tablets (Fansidar)
Metronidazole 400 mg tablets (Flagyl)
(e) Intestinal anti-infectives
Ciprofloxacine tablets 250mg (Ciproxin)
(f) Anti-tetanus vaccines and immunoglobulins
Adsorbed Tetanus Vaccine, 0.5amp.
Anti-tetanus immunoglobin injection
8. COMPOUNDS PROMOTING REHYDRATION,
CALORIC INTAKE AND PLASMA EXPANSION
Sodium chloride 1 g tablets
Sodium chloride 9 g water perfusion
Plasma substitute solution
9. MEDICINES FOR EXTERNAL USE
(a) Skin medicines
- antiseptic solutions
Cetrimide 15% solution
Chlorhexidine 2.5%, 500ml (Hibisol)
Hydrogen peroxide 3% 100 ml solution
70% methylated spirit 200 ml solution
- antibiotic ointments
Chlortetracycline chlorhydrate 30G oint. (Aureomycin)
- anti-inflammatory and analgesic ointments
Benzyle nicotinate 10 mg
Capsicum oleoresin 10 mg
Ethylene glycol salicylate 10 mg
Eucalyptol 10 mg
Camphor 10 mg
Pine oil 8,5 mg
Turpentine oil 31 mg/g
Sloan balsam 35g
Fluocinolone 0,025%
Neomycin 0.5% 30G cream. (Synalar-N)
- anti-mycotic skin creams
miconazole 2% 30 g cream (Daktarin)
- Burn preparations
sulphadiazine silver 1% 500 g cream (Flammazine)
Acrylic copolymer 3,1 % 28 X 15 cm bandage (Op-
Site)
(b) Eye medicines
- antibiotic drops
Borated water 100 g collyrium
- antibiotic and anti-inflammatory drops
Oxytetracycline 5 mg 3,5 g eye ointment (Terramycin)
Dexamethasone 0.1%, drops/oint. (Sofradex)
Chloramphenicol 0.5%, drops (Chloromycetin)
- anaesthetic drops
Oxybuprocaine 0.4%, drops (Minims Benoxinate)
- hypotonic myotic drops
pilocarpine 2% 10 ml drops
(c) ear medicines
- antibiotic solutions
Bacitracine 2500 U.I
-
Neomycin sulphate (NeoCortef)
- anaesthetic and anti-inflammatory solutions
clioquinol 10 mg drops
flumetasone pivalate 0,2 mg/ml 7,5 ml
(Locacortene-Vioforme)
(d) Medicines for oral and throat infections
- antibiotic or antiseptic mouthwashes
Chlorhexidine
gloconate
solution
0,2%
ml
-
(Hibident)
(e) Local anaesthetics
- local anaesthetics using freezing
Ethyl chloride 50 ml solution
-
- Local anaesthetics given by subcutaneous injection
Lignocaine hydrochloride 1%, 20 ml vial
-
- Dental anaesthetic and antiseptic mixtures
Xylocaine hydrochloride 4,10 g
-
-
Benzyl alcohol 6,15 g
Creosote 28,65 g
Carbolic acid 20,50 g
Eugenol 42,70 g 100 ml solution (Pulperyl)
Xylocaine 2% 30g
Part II - Medical Equipment
1. RESUSCITATION EQUIPMENT
- Manual resuscitation appliance
Hand held balloon for oxygen administration
- Appliance for the administration of oxygen with
pressure-reducing valve such that ship’s industrial
oxygen can be used or oxygen container
Oxygen therapy kit containing: adjustable oxygen flask
for a 90-minute treatment with a flow of 15L/min. per
flask, with air pressure
Reduction valve
Flow regulator, 4Lmin. Minimum
Unbreakable humidifier cotmected to flasks
Set of fitting/wires
Disposable PVC adjustable mask
Air-pressurized oxygen flask
- Mechanical aspirator to clear upper respiratory
passages
Mechanical pump to clear airways
- Cannula for mouth-to-mouth resuscitation
Guedel tube
Number 4
Number 3
Number 1
2. DRESSING AND SUTURING EQUIPMENT
- Disposable suture stapler or suture kit with needles
Metal clasps
with sterile applicator
- Adhesive elastic bandage
Rubber bandage rolls
Velpeau bandage rolls
- Gauze strips
Bandage gauze rolls
- Tubular gauze for finger bandages
Tubular bandage gauze 5 m with applicator
-
-
- Sterile gauze compresses
- Cotton wool
Absorbent cotton 100 g
-
Skin strip rolls
- Sterile sheet for burns victims
-
- triangular sling
Triangular bandage
-
Safety pin/needle, inox
- disposable polyethylene gloves
100 pieces
-
Sterile surgical gloves, 12 pairs
-
- adhesive dressings
Skin strips
- Sterile compression bandages
- Adhesive sutures or zinc oxide bandages
Zinc oxide dipsticks
- Non absorbable sutures with needles
Sutures with needles, non-absorbable 3 X 40 mm
-
Catgut min. 75 cm w/semi-circular needle, 00,
-
-
sterilized
- Vaseline gauze
Parafin gauze dressing
Sterilized ophtalmic compresses
-
Contraceptives
-
Body Bag
-
3. INSTRUMENTS
- Disposable scalpels
-
-
- stainless-steel instrument box
-
- Scissors
Suture cutting scissors
-
Bandage scissors
- Dissecting forceps
Dissecting forceps without hooks
-
Stieglitz or Feilchenfeld forceps
-
- Haemostatic clamps
- Needle forceps
-
Dry heat oven
-
-
Nail brush
-
Ophthalmic magnet
-
Dental Speculum
-
-
Dental explorer
-
-
Modelling/shaping tool
-
-
Filling tweezers
-
-
- Disposable razors
-
-
4. EXAMINATION AND MONITORING EQUIPMENT
- Disposable tongue depressors
-
- reactive strips for urine analysis
Proteins
-
-
Glucose
-
-
Blood
-
-
Acetone
-
-
Fluoresceine dipsticks
-
- Temperature charts
-
- Medical evacuation sheets
-
- Stethoscope
-
- aneroid sphygmomanometer
-
- standard medical thermometer
-
- hypothemuc thermometer
-
Medical guide
Drug register
Impermeable hardbox
-
-
5. EQUIPMENT FOR INJECTION, PERFUSION,
PUNCTURE AND CATHETERIZATION
- Bladder drainage instruments
- Rectal drip set
- Disposable filter infusor
- Urine drainage bag
- Disposable syringes and needles
2 ml
5 ml
Needles for intraveinous treatment
- Catheter
Cuffed tube
Sterile lubricant 15 g
Rubberband with Velcro
Bed standard
Ophthalmic perfusion bottle
6. GENERAL MEDICAL EQUIPMENT
- Bedpan
Rubber draw sheets
Blankets or emergency bags
- Hot water bottle
- Urine bottle
- Ice bag
Ice bag
Kidney-shaped basin
7. IMMOBILIZATION AND SETTING EQUIPMENT
- Malleable finger splint
Aluminium splint (for fingers)
- Malleable forearm and hand splint
Ordinary splint; clearance = 4
- Inflatable splint
Inflatable splint; clearance = 4
- Thigh splint
Wooden splint
- Collar for neck immobilization
- Thomas splint or dimple mattress
8. DESINFECTION, DISINSECTIZATION AND
PROPHYLAXIS
- Water disinfection compound
Chloramine T350g, powder
- Liquid insecticide
- Powder insecticide, 110 g
Part III – Antidotes
1. Medicines
- General
plasma 1 L substitute solution, perfusion
Glucose 500 g powder
Ascorbic acid 1 g tablets
Ascorbic acid 500 mg ampoule 5 ml
- Cardio-vascular
Furosemide 40 mg tablets (Lasix)
Furosemide 20 mg ampoule (Lasix)
Phytomenadione 0.5ml ampoule (Konakion)
- Gastro-intestinal system
Aluminium hydroxide with magnesium hydroxide
600mg, tablets (Maalox)
Granular/powder activated carbon, 70g
Metoclopramide hydrochloride 10 mg, ampoules 2 ml
(Maxolon)
- Nervous system
Diazepam 10 mg, ampoule (Valium)
Levomepromazine 25 mg ampoule (Nozinan)
Motphine 10 mg ampoule
Naloxon 0,4 mg ampoule (Narcan)
Atropine sulphate 600 micrograms 40 ampoules 1ml
Amyl Nitrite 0,17 mg, 0,2ml ampoules
Calcium gluconate 1 g, effervescent tablets
(Calcium Sandoz Forte)
Dimercaprol 2ml ampoule (B.A.L.)
Methylene blue 1%, ampoules 10ml
- Respiratory system
Atninophylline 350 mg suppositories
Salbutamol 0,1 mg, inhaler 200 doses (Ventolin)
- Anti-infective
Paracetamol 500 mg, tablets
Ampicillin 500 mg, capsules
Ampicillin 500 mg, ampoules (Penbritin)
Trimethoprim 80 mg/ sulphametoxazol 400 mg, tablets
(Septrin)
- For external use
Tetracycline hydrochloride 1%, 5 g, ophthalmic
ointment (Aureomycin)
Ethanol 10% 500 ml solution
2. Medical equipment
Necessary for the administration of oxygen (including
maintenance requisites)
Oxygen therapy kit containing an adjustable oxygen
tank for a 90 minute treatment at 15L/min. 1350 L per
tank measured with air pressure
Reduction valve
Flow regulator with a minimum of 4 L/min.
Break proof humidifier connected to tank
Set of pipes
Disposable PVC adjustable mask
Note
For the detailed implementation of Part III of this Schedule, reference may be
made to the IMO Medical First Aid Guide for Use in Accidents Involving
Dangerous Goods (MFAG) contained in the IMO International Maritime
Dangerous Goods Code, in its up to date version.
(1) Notwithstanding the provisions of rule 4 of the
Young Persons (Employment) Rules, and subject to sub-rule (2), no
seafarer under the age of eighteen years shall work at night.
(2) A seafarer aged sixteen years or seventeen years may work
at night when
(a)
the work forms part of an established programme of
training the effectiveness of which would be impaired by the
prohibition in sub-rule (1); or
(b) the specific nature of the duty or a recognised
training programme requires that the seafarers covered by the
exception perform duties at night and the Director-General
determines, after consultation with the shipowners’ and
seafarers’ organisations concerned, that the work will not be
detrimental to their health or well-being.
(Rule 97)
Dangerous Substances
The substances listed in this Schedule are to be taken into account in
whatever form they are carried on board, including the form of waste or cargo
Explosive substances and objects;
Gases: compressed, liquified or dissolved under pressure;
Inflammable liquids;
Inflammable solids;
Substances liable to spontaneous combustion;
Substances which, on contact with water, give off inflammable gases;
Combustible substances;
Organic peroxides;
Toxic substances;
Infectious substances;
Radioactive substances;
Corrosive substances;
Various dangerous substances, i.e. any other substances which
experience has shown, or may show to be dangerous.
Note
For the detailed implementation of this Schedule reference may be made to
the IMO International Maritime Dangerous Goods Code, in its up to date version.
(1) There shall be included with every crew list a
register of all seafarers under the age of eighteen years who are
members of the crew, together with particulars of the dates of their
birth, and of the dates on which they become or cease to be members
of the crew, and the register so kept shall at all times be open to
inspection by any person having power to enforce compliance with
the provisions of these rules.
(2) There shall be included in every crew list a short summary
of the provisions of this rule and of rules 5 and 6.
Medical Certificates
(Rules 97 and 105)
Publications
Category A
Ship Captain’s Medical Guide (latest edition)
Category B
Ship Captain’s Medical Guide (latest edition)
Category C
St John’s Ambulance or Red Cross First Aid Manual (latest edition)
(1) Subject to the provisions of this rule, no person shall
be employed in any capacity on any Maltese ship unless there has
been delivered to the master of the ship a certificate granted by a duly
qualified medical practitioner certifying that the person is fit to be
employed in that capacity.
(2) The provisions of sub-rule (1) shall not apply to the
employment of a person authorised to be so employed on the ground
of urgency by the Registrar-General, or who is in possession of an
expired medical certificate of recent date, but a seafarer granted such
authorisation shall not be employed for more than a single voyage,
which shall in no circumstances exceed three months.
(Rules 97 and 99)
Medical Training of the Master and Ship Officers
1. Basic understanding of physiology, symptomatology and therapeutics.
2. Elements of preventive medicine, notably individual and collective
hygiene, and elements of possible prophylactic measures.
3. Ability to perform basic types of treatment and supervise emergency
disembarkation at sea.
Persons responsible for treatment aboard category A ships should if possible
receive their practical training in hospitals.
4. Detailed knowledge of how to use the various remote medical
consultation facilities.
This training should take account of the programmes of instruction detailed
in relevant recent international documents.
(1) The medical examination required under these rules Medical
shall consist of a complete physical examination and shall have examination.
regard to the ILO/WHO publication entitled Guidelines for
Conducting Pre-Sea and Periodic Medical Fitness Examination for
Seafarers (ILO/WHO/D.2/1997) (ISBN 92-2-111129-6), including
any amendments introduced thereto from time to time, and to any
other relative guidelines as may, from time to time, be further
specified by the Registrar-General.
(2) In any examination under these rules, due regard shall be
had to the age of the seafarer to be examined and the nature of the
duties to be performed on board the ship.
(Rule 107)
SEAFARER’S WEEKLY RATION
Food
Standard Ration per
Substitutes
Remarks
man Per week
BREAD
3.175kg
DAIRY PRODUCTS
Milk
3.98L or 1.989L 113g cheese can Only half the ration
Fresh or evaporated or evaporated or 397g replace 283g (284ml) of milk should be
dried skim
dried skim
milk
replaced by cheese
at any one time
Cheese
113g
Eggs, fresh
14g dehydrated egg
can replace one fresh
egg
FRUITS
Oranges or grapefruits 567g
Vitaminized
apple 113g allowed per
juice
juice blended orange day
and grapefruit juice 1
orange
or
½
grapefruit (fresh) can
replace 113g fruit
juice
Canned tomoatoes
454g
Tomato juice
May be used cold or
hot as a vegetable or
combined with other
foods in cooking
Fresh
fruit
(when 567g
available) or canned fruit
Dried fruits
142g
57g dried fruit can Dried fruits to be
replace 113g canned raisins,
currants,
fruit or fresh fruit
figs, prunes, apples,
pears,
peaches,
apricots
VEGETABLES
Potatoes
3.175g
An equal amount of
sweet
potatoes,
canned potatoes or
canned vegetables
76g
dehydrated
potatoes can replace
454g fresh potatoes
Onions
227g
14g
dehydrated
Fresh, stored
or
onions can replace ½
dried in season
the fresh onions or
227g of other canned
or fresh vegetables
can replace 227g
onions
Canned or fresh
1.814kg
28g dehydrated can
Use a variety of
replace 227g fresh or
fresh, canned or
canned. 113g dried
dehydrated
can replace 227g
vegetables.
Dried
fresh or canned
vegetables may be
navy beans, lima
beans, kidney beans,
whole dried peas,
split peas or lentils.
MEATS
Fresh/frozen
3.175kg
For each 27g fresh
The term "meat"
meat, one of the
includes all types.
following
The weight of fresh
substitutions may be
meat is the weight
made
including fat and
170g canned meat
bone before cooking
151g salt meat
preparation
170g fresh fish
113g canned fish
113g dried fish
113g bacon
Bacon or Ham
283g
CEREAL
Flour
2.381kg
680g
bread
can
replace 454g flour
Oatmeal
170g (dry weight)
An equal quantity of
For the ready-to-
one of the following
serve cereals give
rolled oats, cracked
special preference to
wheat, rolled wheat,
those labelled on the
ready-to-serve
package as whole
cereals
grain
Rise or Pasta
340g
FATS
Butter,
454g
Includes
cooking
Lard or Shortening
113g
purposes
SUGARS
Sugar
794g
Includes granulated,
brown and icing.
Includes
cooking
purposes
Jam
227g
An equal quantity of
one of the following
marmalade, honey,
peanut butter
Syrup
57g
Molasses
BEVERAGES
Tea
114g
28g
coffee
can
replace 14g tea
Water
45L
For
drinking,
culinary
and
dishwashing
MISCELLANEOUS
Cocoa or Chocolate
85g
Salt
57g
Pepper
7g
Tomato paste
100g
Mustard
7g
Spices
7g
Includes all varieties
of spices
Flavourings
14g
Includes all varieties
of flavourings
Baking powder
as acquired
Baking soda
as acquired
Biscuits
as acquired
Gelatine or Jelly Powder
as acquired
Sauces and Pickles
as acquired
Vinegar
as acquired
Yeast
as acquired
When an item of food is substituted for another item in the Schedule, the
substituted item shall be taken from the same food group indicated in the Schedule.
€5.22
(1) Every applicant for a medical certificate shall be Issue of medical
examined by a duly qualified medical practitioner or, in the case of a certificate.
certificate solely concerning eyesight, by a person recognised by the
Registrar-General and, subject to rule 9, if the medical practitioner
considers that the applicant is fit, the practitioner shall issue the
applicant with a medical certificate in terms of sub-rule (2) and rule
11; and such certificate may be restricted to such capacity of sea
service or geographical areas as the practitioner considers
appropriate.
(2) The medical certificate shall contain the personal details of
the person examined including the name and surname, nationality,
age and relevant identity document number such as the sea service
record book or passport number and shall attest -
(a)
that the hearing and sight of the seafarer examined
and, in the case of a seafarer to be employed in the deck
department (except for certain specialist personnel, whose
fitness for the work which they are to perform is not liable to be
affected by defective colour vision), his colour vision, are all
satisfactory; and
(b) that the seafarer is not suffering from any medical
condition likely to be aggravated by, or to render the seafarer
unfit for, service at sea or likely to endanger the health of other
persons on board.
(3) An application for a medical certificate under sub-rule (1)
shall be at no cost to the applicant, and any expenses paid by the
applicant shall be recoverable from the owner of the ship on which
the applicant is employed or is to be employed.
(1) Subject to sub-rules (2) and (3), a duly qualified
medical practitioner who issues a medical certificate under rule 10
shall specify the period of validity, from the date of the medical
examination, for which the certificate is to remain in force.
(2) Unless suspended or cancelled in terms of rule 13 and
subject to sub-rule (3), the maximum period of validity of a medical
certificate shall be two years and, in so far as it relates to colour
vision, the maximum period of validity shall be six years
Provided that if the examined seafarer is under eighteen
years of age, the maximum period of validity of a medical certificate
shall be one year
Provided further that if the health of the examined seafarer
demands it, a medical practitioner may issue a medical certificate
valid for such shorter period as may be specified in the certificate.
(3) Where the period of validity of a medical certificate
expires in the course of a voyage, the certificate shall remain in force
until the end of that voyage or until the next port of call, whichever is
the earliest, where the seafarer is to obtain a medical certificate from
a qualified medical practitioner, provided that the period shall not
exceed three months.
If a seafarer holding a valid medical certificate suffers a
medical condition which precludes seafaring employment, such
seafarer shall arrange for an additional medical examination in
accordance with rule 9 as soon as practicable after diagnosis.
If a qualified medical practitioner has reasonable grounds
to believe that -
(a)
there has been a significant change in the medical
fitness of a seafarer during the period of validity of the medical
certificate; or
(b) had he been in possession of full details of the
seafarer’s conditions when issuing the medical certificate, and
having regard to the provisions of rule 9, would not have
reasonably considered the seafarer fit to be issued with such
certificate; or
(c)
the medical certificate was issued otherwise than in
accordance with these rules,
the medical practitioner shall notify the seafarer concerned and may -
(i) suspend the validity of that certificate until
the seafarer has undergone a further medical examination;
(ii) suspend the certificate for such period as the
medical practitioner considers the seafarer will remain
unfit to go to sea; or
(iii) cancel the certificate if the medical
practitioner considers that the seafarer is likely to remain
permanently unfit to go to sea.
(1)
A seafarer who is aggrieved by -
Application for
a review.
(a)
the refusal of a medical practitioner to issue him
with a medical certificate, or
(b)
any restriction imposed on such a certificate, or
(c)
the suspension for a period of more than three
months or cancellation of that certificate by a medical
practitioner pursuant to rule 13,
may apply to the Registrar-General for the matter to be reviewed by a
single medical referee appointed by the Registrar-General.
(2) Any such application shall -
(a)
be lodged with the Registrar-General within one
month of the date on which the seafarer is given notice of the
refusal, imposition of a restriction, suspension, or cancellation
(or such longer period as the Registrar-General may determine
if delay is caused by the seafarer’s employment on board a
ship); and
(b) include a consent to the duly qualified medical
practitioner responsible for the refusal, imposition of a
restriction, suspension or cancellation to provide a report to the
medical referee specifying the name and address of that
practitioner.
(3) The medical referee to whom the matter is referred by the
Registrar-General may obtain a report from the qualified medical
practitioner by whom the applicant was examined and may examine
the medical condition of the applicant. The medical referee shall, if
the applicant so requests, disclose to the applicant the report of the
qualified medical practitioner and any other evidence not produced by
the applicant himself except that if the medical referee considers that
such disclosure would be harmful to the applicant’s health the referee
shall not be required to make such disclosure. The medical referee
shall have regard to any relevant medical evidence, whether produced
by the applicant, the employer, or otherwise, and whether or not
disclosed as aforesaid.
(4) If the medical referee, in the light of the medical evidence
available, considers that the applicant is fit, having regard to the
provisions of rule 9, he shall issue the applicant with a medical
certificate. Where the medical referee considers that restrictions as to
capacity or geographical area other than those imposed on the
medical certificate issued to the applicant should be imposed, or that
any restrictions so imposed should be deleted or varied, the medical
referee shall issue to the applicant a revised medical certificate and
the former certificate shall thereupon cease to have effect. In any
other case the medical referee shall notify the applicant of his
decision. Any such action by the medical referee shall be taken not
later than two months from the date on which the application for
review is lodged with the Registrar-General (which date shall be
notified to the medical referee by him) or within such longer period as
the Registrar-General may determine.
Any certificate of medical and visual fitness for seafaring
employment issued by a qualified medical practitioner to a seafarer in
respect of a medical examination conducted before the date on which
these rules come into force shall be deemed for the purposes of these
rules to be equivalent to a medical certificate issued under these rules
Provided that any such certificate issued by any such
qualified medical practitioner shall remain valid from the date of the
medical examination only for the appropriate maximum period
prescribed in rule 11 or for such shorter period as may be specified in
the certificate.
(1) Any medical certificate issued to a seafarer in
accordance with the Medical Examination (Seafarers) Convention,
1946 (International Labour Organisation Convention No. 73 of 1946)
or the Merchant Shipping (Minimum Standards) Convention, 1976
(International Labour Organisation Convention No. 147 of 1976) -
(a)
by an authority empowered in that behalf by the
laws of a State outside Malta that has ratified the said
Conventions; or
(b) by an approved authority empowered in that behalf
by the laws of a State outside Malta,
shall be deemed for the purposes of these rules to be equivalent to a
medical certificate issued under these rules
Provided that any medical certificate issued by any such
authority shall remain in force, unless renewed, only until the
expiration of the period of validity specified in that certificate, but in
no case for more than the appropriate maximum period prescribed in
rule 11.
(2) A medical certificate issued in accordance with the
medical standards of the STCW Convention, or a medical certificate
meeting in substance the same requirements for seafarers not covered
by the STCW Convention, shall be accepted as meeting the standards
of these rules.
Recruitment and Placement
Without prejudice to any other Act or rule governing Recruitment and
services related to recruitment, the Registrar-General shall ensure that placement
services.
public and private seafarer recruitment and placement services be
operated in an orderly manner that protect and promote seafarers’
employment rights.
The Registrar-General shall, through the application of Compliance
rule 4, ensure that recruitment services in Malta comply with the with
Convention.
Convention.
(1) Owners of Maltese flagged ships, who use seafarer Owners of
recruitment and placement services based in countries or territories in Maltese
ships.
which the Convention applies, shall ensure, as far as practicable, that
those services meet the requirements of the Convention.
(2) Owners of Maltese flagged ships, who use seafarer
recruitment and placement services based in countries or territories in
which the Convention does not apply, shall ensure, as far as
practicable, that those services meet the requirements of the
Convention.
PART III
CONDITIONS OF EMPLOYMENT
Seafarers’ employment agreement
(1) The owner of every Maltese ship shall enter into an
agreement (in these Rules called the "seafarer’s employment
agreement") with every seafarer in accordance with these rules
stipulating the terms and conditions of his employment.
(2) If the shipowner carries any seafarer to sea without
entering into a full and valid seafarer’s employment agreement, he
shall for each offence be liable to a fine (multa) not exceeding five
hundred units.
(3) A master may sign a seafarer’s employment agreement on
behalf of the shipowner, and provide advice upon request on the
same, but shall not be answerable for the shipowner for any
deficiencies within the agreement, save for his duties to ensure the
agreement is understood and signed by the seafarer. In default, the
master shall be liable to a fine (multa) not exceeding fifty units.
(1) A seafarer’s employment agreement shall be dated
at the time of the first signature thereof, and shall be signed by the
shipowner before a seafarer signs his name.
(2) The seafarer’s employment agreement shall show the date
and place at which it is made, the surname and other names of the
seafarer, his birthplace, and his age or the date of his birth, and shall
contain as terms thereof the following particulars
(a)
the name of the ship on board which the seafarer
undertakes to serve;
(b)
the owner’s name and address;
(c)
if possible, the place and date at which each seafarer
is to be on board or to begin work;
(d)
the capacity in which each seafarer is to serve;
(e)
the amount of wages the seafarer is to receive;
(f)
the amount of paid annual leave or formula used for
its calculation;
(g) the health and social security protection benefits to
be provided to the seafarer by the owner;
(h)
the seafarer’s entitlement to repatriation;
(i)
reference to the collective bargaining agreement,
when applicable;
(j)
either the nature and, as far as is practicable, the
duration of the intended voyage or engagement, or the
maximum period of the voyage or engagement, and the places
or parts of the world, if any, to which the voyage or engagement
is not to extend;
(k) any rules as to the provisions to be provided for
seafarers employed on Maltese ships;
(l)
the termination of the agreement and the conditions
thereof, including
(i) if the agreement has been made for an
indefinite period, the conditions entitling either party to
terminate it, as well as the required notice period, which
shall not be less for the shipowner than for the seafarer;
(ii) if the agreement has been made for a definite
period, the date fixed for its expiry; and
(iii) if the agreement has been made for a voyage,
the port of destination and the time which has to expire
after arrival before the seafarer should be discharged.
(3) Any termination to the seafarer’s employment agreement
shall in no circumstances be shorter than seven days if notice of such
termination is from the shipowner. Notice of termination from the
seafarer may be less than seven days or without notice, if for
compassionate or urgent reasons, as the Registrar-General may
approve through Merchant Shipping Notices from time to time.
(4) Saving any other provision of these rules, a seafarer’s
employment agreement shall be terminated by -
(a)
the mutual consent of the parties thereto; or
(b)
the death of the seafarer; or
(c)
the loss or total unseaworthiness of the ship; or
(d)
the sale of the ship; or
(e)
the expiration of time.
The following provisions shall have effect with respect to a
seafarer’s employment agreement
(a)
the agreement shall be signed by the shipowner and
the seafarer;
(b) the shipowner, recruitment agency or master, as the
case shall be, have the agreement read over and explained to the
seafarer, or otherwise ascertain that the seafarer understands the
same, before he signs it, and shall attest each signature;
(c)
the employment agreement shall be signed in
duplicate and one part shall be retained by the shipowner and
the other by the seafarer.
To the extent that any terms or conditions adopted by the
parties to a seafarer’s employment agreement are contrary to the
provisions of these rules such terms and conditions shall have no
effect and the relevant provisions under these rules shall be deemed to
apply.
The master shall, at the commencement of every voyage or
engagement, ensure that clear information as to the conditions of
employment can be easily obtained on board by each seafarer, and the
seafarers’ employment agreement to be accessible to inspectors in
accordance with these rules, and if he fails without reasonable cause
to do so he shall for each offence be liable to a fine (multa) not
exceeding ten units.
If any person fraudulently alters, makes any false entry in,
or delivers a false copy of a seafarer’s employment agreement, or
assists in committing or procures to be committed any such offence,
that person shall for each offence be liable to imprisonment for a
period not exceeding two years or to a fine (multa) not exceeding five
hundred units or to both such imprisonment and fine.
Every erasure, interlineation, or alteration in any seafarer’s
employment agreement shall be wholly inoperative unless proved to
have been made with the consent of all the persons interested in the
erasure, interlineation or alteration by the written attestation of two
witnesses.
Seafarers shall be given a seafarer’s record book of their
employment onboard and shall not contain any statement as to the
quality of the seafarer’s work or his wages.
Except where otherwise provided in the Act or these rules,
all correspondence, documents, forms or other writings shall be in the
English language if the ship is involved in international voyages
Provided that a foreign language version of any document
may be appended to the English language version thereof.
Manning levels
For the purpose of rules 30 to 36, both inclusive, Interpretation.
"appropriate certificate" means an appropriate certificate as defined
in the Merchant Shipping (Training and Certification) Regulations.
(1)
Every owner of a Maltese ship shall ensure that -
Responsibilities
of owners.
(a)
every seafarer assigned to his ship holds an
appropriate certificate in respect of any function the seafarer is
to perform;
(b) documentation and data relevant to all seafarers
employed on its ships are maintained and readily available for
inspection and include, inter alia, documentation and data on
their experience training, medical fitness and competency in
assigned duties.
(2) Nothing in sub-rule (1) shall prohibit the allocation of
tasks for training under supervision or in case of force majeure.
(1) The shipowner shall provide written instructions to Shipowner to
the master setting out the policies and the procedures to be followed provide
instructions to
to ensure that all seafarers engaged on board the ship are given a master.
reasonable opportunity to become familiar with the shipboard
equipment, operating and safety procedures including other
arrangements needed for the proper performance of their duties,
before being assigned to such duties.
(2) The policies and procedures referred to in sub-rule (1)
shall include
(a)
allocation of a reasonable period of time during
which the seafarer will have an opportunity to become
acquainted with -
(i) the specific equipment the seafarer will be
operating; and
(ii) ship-specific
watchkeeping,
safety,
environmental protection and emergency procedures and
arrangements the seafarer needs to know to perform the
assigned duties properly;
(b)
designation of a knowledgeable crew member who
will be responsible for ensuring that an opportunity is provided
to each newly employed seafarer to receive essential
information in a language the seafarer understands.
(3) It shall be the duty of any master and any member of a
crew designated with an obligation under sub-rule (2) to carry out that
obligation.
(1) It shall be the duty of the shipowner to ensure that in
relation to every ship of 500 gross tonnage or more -
(a)
a safe manning document is in force in respect of the
ship and the manning of the ship;
(b) the safe manning document is kept on board the ship
at all times;
(c)
the manning of the ship is maintained at all times to
at least the levels specified in the safe manning document.
(2) The master of any ship to which these rules apply shall
ensure that the ship does not proceed to sea unless there is on board a
valid safe manning document issued in respect of the ship and the
manning of the ship complies with that document.
(3) It shall be the duty of the shipowner applying for a safe
manning document in respect of any Maltese ship to submit to the
Registrar-General any information that may be required for the issue
of such document.
(4) It shall be the duty of the shipowner after the issue of a safe
manning document to inform the Registrar-General as soon as there is
any change of the circumstances which are pertinent to that safe
manning document.
(5) Notwithstanding the provisions of these rules and without
prejudice to any other duties and responsibilities of the master and of
the owner, it shall be the duty of the master and of the shipowner to
ensure that from the point of view of safety of life at sea and pollution
prevention, the ship is sufficiently and efficiently manned.
(1) The master of any ship shall ensure that the
watchkeeping arrangements for the ship are at all times adequate for
maintaining safe navigational and engineering watches having regard
to Chapter VIII of Section A of the STCW Code.
(2) Without prejudice to the duties of the master provided by
sub-rule (1), the master shall give directions to the deck watchkeeping
officers responsible for navigating the ship safely during their periods
of duty, in accordance with Part 3-1 of Section VIII/2 of the STCW
Code and any requirements specified by the Registrar-General.
(3) The chief engineer officer of any ship shall ensure that the
engineering watchkeeping arrangements for the ship are at all times
adequate for maintaining a safe watch in accordance with Part 3-2 of
Section A-VIII/2 of the STCW Code, and when deciding the
composition of the watch the chief engineer officer shall observe the
principles set out in Part 3-2 of that section and the requirements
specified by the Registrar-General.
The master of any ship which is safely moored or safely at Watchkeeping
anchor under normal circumstances in port shall arrange for an arrangements
ports.
appropriate and effective watch to be maintained for the purposes of
safety. Such arrangements shall be in accordance with Part 4 of
Section A-VIII/2 of the STCW Code and any operational guidance
specified by the Registrar-General.
The master of any ship which is carrying hazardous cargo Watchkeeping
and which is in port, even when safely moored or safely at anchor, arrangements
port for ships
shall, in addition to any watchkeeping arrangements required under carrying
hazardous
rule 34, in the case of -
cargo.
(a)
a ship carrying hazardous cargo in bulk ensure that a
safe deck watch and safe engineering watch are maintained by
the ready availability on board of a duly qualified officer or
officers, and where appropriate ratings; and
(b) a ship carrying hazardous cargo other than in bulk,
ensure that in organising safe watchkeeping arrangements
account is taken of the nature, quantity, packing and stowage of
the hazardous cargo and of any special conditions on board,
afloat and ashore.
It shall be the duty of the master to ensure that a ship with Ship to carry
a total number of crew and passengers exceeding one hundred medical
practitioner.
persons engaged on an international voyage of more than three days,
carries onboard as part of its safe manning a medical practitioner
responsible for the medical care of the persons on board.
Hours of work and rest
For the purpose of rules 38 to 46, both inclusive -
Interpretation.
"employment", in relation to a seafarer, means employment
under his seafarer’s employment agreement, and "employed" shall be
construed accordingly;
"hours of rest" means time outside hours of work and does not
include short breaks;
"hours of work" means time during which a seafarer is required
to do work on account of the ship;
"night" means a period -
(a)
the duration of which is not less than nine
consecutive hours; and
(b)
which includes the period between midnight and
5a.m.;
"relevant requirements" means the requirements of rules 38, 41,
42(3), 43 and 44.
Without prejudice to rule 42, it shall be the duty of an
employer of a seafarer and a master of a ship to ensure that a seafarer
is provided with at least the minimum hours of rest.
(1) Without prejudice to rules 40 and 42, the minimum
hours of rest shall be not less than -
(a)
ten hours in any 24-hour period; and
(b)
seventy-seven hours in any seven-day period.
(2) Hours of rest may be divided into no more than two
periods, one of which shall be at least six hours in length, and the
interval between such consecutive periods shall not exceed fourteen
hours.
(3) Musters, fire-fighting and lifeboat drills shall be conducted
in a manner which minimises the disturbances of rest periods and do
not induce fatigue.
(4) A seafarer who is on call shall have adequate
compensatory rest period if his normal period of rest is disturbed by
call-outs of work.
(1) The Registrar-General may authorise collective
agreements permitting exceptions to the limits in rule 39(1) and (2)
but shall have due regard for the general principles of the protection
of the health and safety of seafarers.
(2) In the absence of any collective agreement or arbitration
award or if the Registrar-General determines that the provisions in the
agreement or award in respect of rule 39(3) and (4) are inadequate,
the Registrar-General shall determine such provisions to ensure the
seafarers concerned have sufficient rest.
(1) The master of a ship, or a seafarer authorised by the Posting-up of
master, shall ensure that a table with the shipboard working table.
arrangements complying with sub-rules (2) and (3) is posted up in a
prominent and accessible place in the ship.
(2) A table under sub-rule (1) shall contain for every position
at least
(a)
the schedule of service at sea and service in port;
and
(b) the minimum hours of rest as required by these rules
or any collective agreements in force.
(3) A table under sub-rule (1) shall be in the format appearing
in the First Schedule and shall be in English and in the working
language of the ship if that is not English.
(1) The master of a ship may require a seafarer to work Exception for
any hours of work necessary for the immediate safety of the ship, emergencies.
persons on board ship or cargo or for the purpose of giving assistance
to another ship or to a person in distress at sea.
(2) For the purposes of sub-rule (1), the master may suspend
the hours of rest scheduled in the table under rule 41 and require a
seafarer to perform any hours of work necessary until the normal
situation has been restored.
(3) As soon as practicable after the normal situation has been
restored the master shall ensure that any seafarer who has performed
work in a rest period scheduled in the table under sub-rule (1) is
provided with an adequate rest period.
(1) A record of a seafarer’s daily hours of rest shall be Records.
maintained by the master or a person authorised by the master.
(2) The record kept under sub-rule (1) shall -
(a)
be in the format appearing in the Second Schedule;
(b) be in English and in the working language of the
ship if that is not English;
(c)
be completed monthly in arrears;
(d) reflect all deviations from the scheduled hours of
rest as per the provisions of rule 42;
(e)
be endorsed by the master or a person authorised by
the master, and by the seafarer in question, and a copy thereof
shall be given to the seafarer by the master or the person
authorised by the master;
(f)
be kept for a period of two years and shall be
available for inspection and endorsement by the Registrar-
General or an inspector.
(3) The company and the master shall ensure that a copy of
these rules and any collective agreements referred to under rule 40 are
carried at all times on board the ship and are easily accessible to the
seafarers on board.
(1)
Seafarers under the age of eighteen years shall
(a)
not work more than eight hours per day and forty
hours per week;
(b) be provided sufficient time allowing for all meals,
and a break of at least one hour for the main meal of the day;
(c)
be provided a fifteen-minute rest period as soon as
possible following each two hours of continuous work.
(2) The master may suspend the provisions of sub-rule (1) or
require that overtime shall be worked if
(a)
the provisions of rule 42 are applied;
(b) the work forms part of an established programme of
training the effectiveness of which would be impaired by the
prohibition in sub-rule (1);
(c)
they are impracticable when assigned watchkeeping
duties in the deck, engine room and catering departments or
working in a rostered shift-work system.
(3) All instances under sub-rule (2) shall be recorded, with
reason and signed by the master.
Where -
(a)
a medical practitioner has certified that a seafarer
engaged on watchkeeping duties is suffering from health
problems which the practitioner considers to be due to the fact
that the seafarer performs night work, and
(b) it is possible for the employer to transfer the seafarer
to work -
(i)
to which the seafarer is suited, and
(ii) which is to be undertaken during periods such
that the seafarer will cease to perform night work,
the seafarer shall be transferred accordingly.
An owner shall provide the Registrar-General with such Power to require
information on watch-keepers and other seafarers working at night as information.
may be specified by the Registrar-General.
Entitlement to annual leave
(1) Subject to sub-rule (3), the annual paid leave of a Entitlement to
seafarer shall be calculated on the basis of a minimum of 2.5 calendar annual leave.
days per month of employment and pro rata for incomplete months.
(2) For the purposes of this rule, a seafarer’s leave year
begins
(a)
on such date during the calendar year as may be
agreed in writing by the employer and the seafarer; or
(b)
in absence of such agreement -
(i) if the seafarer’s employment began on or
before the coming into force of this rule, on that date and
each subsequent anniversary of that date; or
(ii) if the seafarer’s employment begins after the
coming into force of this rule, on the date on which that
employment begins and each subsequent anniversary of
that date.
(3) Where by virtue of sub-rule (2) the period of leave to
which a seafarer is entitled is or includes a proportion of a week, the
proportion shall be determined in days and any fraction of a day shall
be treated as a whole day.
(4) Any agreement to forgo the minimum annual leave with
pay prescribed in these rules, except were the seafarer’s employment
is terminated, shall be prohibited.
(5) Justified absences from work shall not be considered as
annual leave.
Where during any period a seafarer is entitled to hours of
rest or annual leave both under a provision of these rules and under a
separate provision (including a provision of his contract), he may
exercise the two rights separately, but may, in taking hours of rest or
annual leave during that period, take advantage of whichever right is,
in any particular respect, the more favourable.
Right to wages
Without prejudice to collective bargaining agreements, it
shall be the duty of an employer of a seafarer and an owner of a ship
to ensure that a seafarer is paid at least a minimum basic wage.
(1)
For the purpose of this rule, the term
"able seaman" means a person in possession of a certificate as
A.B. issued or recognised under the Merchant Shipping (A.B. and
E.D.H. Certificates) Regulations;
''basic pay'' or ''wages'' means the pay, however composed, for
normal hours of work but not including overtime worked, bonuses,
allowances, paid leave or any other additional remuneration;
''consolidated wage'' means a wage or salary which includes the
basic pay and other pay-related benefits including compensation for
all overtime hours worked and all other pay-related benefits;
''overtime'' means time worked in excess of the normal hours of
work.
(2) Seafarers whose remuneration
includes
separate
compensation for overtime worked -
(a)
for the purpose of calculating wages, the normal
hours of work at sea and in port shall not exceed eight hours per
day;
(b) without prejudice to more favourable collective
bargaining agreements, for the purpose of calculating overtime,
the number of normal hours per week covered by the basic pay
or wages shall not exceed forty-eight hours per week;
(c)
the rate or rates of compensation for overtime, shall
be not less than one and one-quarter times the basic pay or
wages per hour,
(d) records of all overtime worked shall be maintained
by the master, or a person assigned by the master, and endorsed
by the seafarer at no greater than monthly intervals.
(3) Seafarers whose wages are fully or partially consolidated
are to have specified in the seafarer’s employment agreement the
number of hours of work expected of the seafarer in return for such
remuneration, and any additional allowances which might be due in
addition to the consolidated wage, and in which circumstances.
(4) When hourly overtime is payable for hours worked in
excess of those covered by the consolidated wage, the hourly rate
shall be not less than one and one-quarter times the basic rate
corresponding to the normal hours of work as defined in sub-rule
(2)(c).
(5) For seafarers whose wages are partially consolidated,
records of all overtime worked shall be maintained and endorsed as
provided for in sub-rule (2)(d).
The Registrar-General shall, through the issue of Merchant Minimum wage.
Shipping Notices, determine the minimum basic wage for a calendar
month of service for an able seamen or the equivalent thereof in the
specific currency stated in the seafarer’s employment agreement, and
in so doing, the Registrar-General shall be guided by the amount
periodically set by the Joint Maritime Commission or another body
authorised by the Governing Body of the International Labour
Organisation.
A seafarer’s right to wages and provisions shall be taken to When right to
begin at the time at which he commences work or at the time wages begins.
specified in the agreement for his commencement of work or
presence on board, whichever happens first.
(1) A seafarer shall not by any agreement forfeit his Right to recover
rights on the ship, or be deprived of any remedy for the recovery of wages
salvage not to
his wages, to which in the absence of the agreement he would be be forfeited.
entitled, and shall not by any agreement abandon his right to wages in
case of the loss of the ship, or abandon any right that he may have or
obtain in the nature of salvage; and every stipulation in any
agreement inconsistent with any provision of these rules shall be
void.
(2) Nothing in this rule shall apply to a stipulation made by the
seafarer belonging to any ship which, according to the terms of the
agreement, is to be employed on salvage service, with respect to the
remuneration to be paid to them for salvage services to be rendered
by that ship to any other ship.
The right to wages shall not depend on the earning of
freight; and every seafarer shall be entitled to demand and recover
any wages notwithstanding that freight has not been earned; but in all
cases of wreck or loss of the ship, proof that the seafarer has not
exerted himself to the utmost to save the ship, cargo and stores, shall
bar his claim to wages.
(1) Where by reason of the wreck or loss of the ship on
which a seafarer is employed his service terminates before the date
contemplated in the agreement, he shall, subject to the provisions of
this rule, be entitled, in respect of each day on which he is in fact
unemployed during a period of two months from the date of the
termination of the service, to receive wages at the rate to which he
was entitled at that date.
(2) A seafarer shall not be entitled to receive wages under this
rule if the owner shows that the unemployment was not due to the
wreck or loss of the ship, and shall not be entitled to receive wages
under this rule in respect of any day if the owner shows that the
seafarer was able to obtain suitable employment on that day.
Where the service of a seafarer terminates before the date
contemplated in the seafarer’s employment agreement by reason of
his being left on shore at any place abroad under a certificate granted
as provided by these rules of his unfitness or inability to proceed on
the voyage, he shall be entitled to wages up to the time of such
termination, but not for any longer period.
A seafarer shall not be entitled to wages for any time
during which he unlawfully refuses or neglects to work, when
required, whether before or after the time fixed by the agreement for
his commencement of such work, nor, unless the court hearing the
case otherwise directs, for any period during which he is lawfully
imprisoned for any offence committed by him.
When a seafarer is by reason of illness incapable of
performing his duty and it is proved that the illness has been caused
by his own wilful act or default, he shall not be entitled to wages for
the time during which he is by reason of the illness incapable of
performing his duty.
If a seafarer, having signed a seafarer’s employment
agreement, is discharged otherwise than in accordance with the terms
thereof before the commencement of the voyage or before one
month’s wages are earned, without fault on his part justifying that
discharge, and without his consent, he shall be entitled to receive
from the master or owner, in addition to any wages he may have
earned, due compensation for any damage caused to him by the
discharge not exceeding one month’s wages, and that compensation
shall be treated as if it were wages duly earned.
As respects wages due or accruing to a seafarer to the sea Restriction on
assignment of,
service -
and charge
upon, wages.
(a)
they shall not be subject to a garnishee order in
accordance with but subject to the provisions of article 382 of
the Code of Organisation and Civil Procedure
(b) any assignment thereof made prior to the accruing
thereof shall not bind the person making the same;
(c)
any authority for the receipt thereof shall not be
irrevocable;
(d) a payment of wages to the seafarer shall be valid
notwithstanding any previous assignment of those wages.
Payment of wages
All wages to which a seafarer may be entitled, subject to Time of
deductions made in accordance with these rules, shall be paid at payment
wages.
intervals no greater than one month; and in the event of a seafarer’s
wages or any part thereof not being so paid or settled, then, unless the
delay is due to the act or default of the seafarer or to any reasonable
dispute as to liability or to any other cause not being the wrongful act
or default of the owner or master, the seafarer’s wages shall continue
to run and be payable until the time of the final settlement thereof.
(1) The master of every Maltese ship shall, before Master to
paying off or discharging any seafarer, deliver on a monthly basis a deliver
of wages.
full and true account of the seafarer’s wages and of all deductions to
be made therefrom on any account whatsoever.
(2) The said account shall be delivered not less than twenty-
four hours before his discharge or payment off.
(3) The said account shall indicate the rate of exchange used
where payment has been made in a currency or at a rate different from
the one agreed to.
(4) If the owner fails without reasonable cause to comply with
this rule, he shall for each offence be liable to a fine (multa) not
exceeding twenty units.
Wages shall be paid in legal tender whenever possible, Wages to be
paid by bank transfer, bank cheque, postal cheque or money order or paid
tender whenever
directly to a seafarer’s designated bank account unless the seafarer possible.
requests otherwise in writing.
(1) Shipowners shall provide seafarers with a means to
transmit all or part of their earnings to their families or dependents or
legal beneficiaries. This will be done by, but not limited to -
(a)
a system for enabling seafarers, at the time of
commencement or during their employment, to allot a
proportion of their wages for remittance at regular intervals to
their families by bank transfers or similar means; and
(b) a requirement that allotments shall be remitted in
due time and directly to the person or persons nominated by the
seafarers.
(2) Any charges for the services under sub-rule (1) shall be
reasonable in amount and agreed to in accordance with rule 62 and
the rate of exchange shall be at the prevailing market rate during the
periodical payments, or any other agreement not unfavourable to the
seafarer.
(1) A deduction from the wages of a seafarer shall not
be allowed unless it is included in the account delivered in pursuance
of rule 62, except in respect of a matter happening after the delivery.
(2) The master shall during the voyage enter the various
matters in respect of which the deductions are made, with the
amounts of the respective deductions, as they occur, in a book to be
kept for that purpose, and shall, if required, produce the book at the
time of the payment of wages and also upon the hearing before any
competent authority of any complaint or question relating to that
payment.
(1) Where the master of a Maltese ship disrates a
seafarer he shall forthwith enter or cause to be entered in the official
log book a statement of the disrating, and furnish the seafarer with a
copy of the entry; and any reduction of wages consequent on the
disrating shall not take effect until the entry has been so made and the
copy so furnished.
(2) Any reduction of wages consequent on the disrating of a
seafarer shall be deemed to be a deduction from wages within the
meaning of rules 62 and 65 and treated accordingly.
Where a seafarer has agreed with the owner for payment of
his wages in a specific currency, any payment of or on account of his
wages, if made in any other currency than that stated in the
agreement, shall, notwithstanding anything in the agreement, be made
at the rate of exchange for the money stated in the agreement for the
time being current at the place where the payment is made.
Discharge and repatriation of seafarers
When a seafarer serving on a Maltese ship is discharged on Discharge.
the termination of his engagement, he shall be discharged in the
manner provided by these rules
Provided that this rule shall not apply where the seafarer is
proceeding on temporary leave while remaining in the service of the
owner of the ship.
(1) The master of a Maltese ship shall sign and give to a Certificate of
seafarer discharged from his ship at any place, either on his discharge discharge
return of
or on payment of his wages, a certificate of his discharge in a form certificates
competency.
approved by the Registrar-General, specifying the period of his
service and the time and place of his discharge, and if the master fails
to do so he shall for each offence be liable to a fine (multa) not
exceeding ten units.
(2) The master shall also, upon the discharge of every
certificated officer whose certificate of competency has been
delivered to and retained by him, return the certificate to the officer,
and if without reasonable cause he fails to do so he shall for each
offence be liable to a fine (multa) not exceeding twenty units.
If any person -
False or forged
certificate of
discharge or
(a)
makes a false report of character under these rules,
report of
character.
knowing the same to be false; or
(b) forges or fraudulently alters any certificate of
discharge or report of character or copy of a report of character;
or
(c)
assists in committing, or procures to be committed,
any of such offences as aforesaid; or
(d) fraudulently uses any certificate of discharge or
report of character or copy of a report of character which is false
or altered or does not belong to him,
he shall for each offence be liable to imprisonment for a period not
exceeding two years or to a fine (multa) not exceeding five hundred
units or to both such imprisonment and fine.
(1) Where a Maltese ship is transferred or disposed of,
any seafarer belonging to that ship shall be discharged unless he
consents in writing to complete the voyage of the ship if it is
continued.
(2) Where a seafarer is discharged under this rule, the
provisions of these rules as to the certificate of discharge and the
return of the seafarer to a proper return port shall apply as if his
service had terminated otherwise than by his consent to be discharged
during the currency of the agreement.
(1) Except as hereinafter provided, every seafarer’s
employment agreement shall provide that if the agreement terminates
at a port other than the port of engagement (whether by effluxion of
time, or by any act of the parties, or by shipwreck or sale of the ship,
or by the inability of the seafarer to proceed on the ship by reason of
sickness or injury or any other cause whatsoever), he is returned to a
proper return port at the expense of the shipowner who shall make
such arrangements as may be necessary and pay all expenses incurred
for the return of such seafarer and such liability shall include the cost
of any maintenance and medical treatment which is necessary for the
seafarer until his arrival at a proper return port, and such seafarer
shall not become a charge upon the Government of Malta.
(2) A seafarer who has been left behind or discharged from his
ship as a result of his desertion, or his imprisonment, or his inability
to proceed on the ship owing to sickness or infirmity wilfully
concealed at the time of the engagement, shall not be entitled to be
returned at the expense of the shipowner under sub-rule (1) but the
shipowner shall make all arrangements necessary and pay all
expenses incurred for the return of the seafarer to a proper return port
as if he was so entitled, and the shipowner may be reimbursed his
expenses out of any wages owing to the seafarer at the time he left the
ship or out of the proceeds from the sale of any of his effects left on
board or, if this should not prove sufficient by ordinary process of
law, but such seafarer shall not become a charge upon the
Government of Malta.
(3) A registrar or a Maltese consular officer may demand a
guarantee from the shipowner from which a seafarer is to be
discharged or left behind, for the proper discharge of any obligations
imposed by this rule, and if this is refused he may withhold his
consent to the discharge.
(4) Where a seafarer becomes eligible to receive, and receives,
medical aid or periodical payments at the expense of his employer
under the terms of any law providing for compensation to injured or
sick workmen, such receipt shall be in full or part payment, as the
case may be, of the entitlement under this rule and not in addition
thereto.
(5) This rule shall apply in respect of all ships making call to
Malta.
(1) A seafarer shall be entitled to repatriation at the cost Grounds for
of the owner if he has served the maximum duration of service repatriation.
periods on board, such periods being of less than twelve months, or at
the expense of any third party exercising an executive title against the
ship or its shipowner should such shipowner default in his obligations
toward the seafarer with regard to repatriation and other expenses
owed to the seafarer following the exercise of the executive title
(2) The provisions of this rule are without prejudice to any
further action that the seafarer may take under the laws of Malta.
(1) Where the service of a seafarer terminates otherwise Repatriation of
than by his consent to be discharged during the currency of the seafarers
termination of
agreement, the master of the ship shall, besides giving the certificate service
foreign port.
of discharge required under this rule and besides paying the wages to
which the seafarer is entitled, make adequate provision in accordance
with this rule for his maintenance and for his return to a proper return
port.
(2) If the master fails, without reasonable cause, to comply
with this rule, the expenses of maintenance and of the journey to the
proper return port -
(a)
if paid by the seafarer, shall be recoverable as wages
due to him;
(b) if paid by any such seafarer as aforesaid or by any
other person, shall (unless the seafarer has been guilty of
barratry) be a charge on the ship to which the seafarer belonged,
and may also be recovered against the owner of the ship, at the
suit of the person who paid the expenses, or, in case they have
been allowed out of public money, as a debt due to the
Government of Malta.
Deceased and distressed seafarers
(1) For the purpose of rules 76 to 85, both inclusive, Persons entitled
to relief, etc.
persons hereinafter referred to as "distressed seafarers" are
(a)
any seafarer, whether a citizen of Malta or not, who
is found in any place and who has been shipwrecked from a
Maltese ship or, by reason of having been discharged or left
behind from any such ship, is in distress in that place;
(b) any seafarer, being a citizen of Malta, who has been
engaged to serve in a ship belonging to the Government of, or
registered in, any foreign State, is in distress in any place
Provided that the relevant authority shall facilitate the
repatriation of seafarers serving on ships which call at its ports or pass
through the territorial or internal waters of Malta as well as their
replacement on board.
(2) If three months have elapsed since a seafarer left his last
ship before he applies to the proper authority for relief, he shall not be
entitled to be dealt with under these rules.
(3) In case of shipwreck or foundering, the date on which each
seafarer will be entitled to relief may vary according to the time when
he ceases to be employed in connection with the abandoned ship.
(1) Where a distressed seafarer is, for the purposes of
his return to a proper return port, placed on board a Maltese ship, the
master shall endorse on the seafarer’s employment agreement,
specifying the date in which he embarks, the name and port of
registry of the ship on which the seafarer was last engaged, the port to
which the seafarer is entitled to be conveyed, together with any
particulars directed to be endorsed by the distressed seafarer.
(2) The master of every Maltese ship shall receive on board
his ship, and afford a passage and maintenance to, all distressed
seafarers whom he is required under these rules to take on board his
ship, not exceeding one for every fifty net tons, and shall during the
passage provide every such distressed seafarer with a proper berth or
sleeping place, effectually protected against sea and weather.
(1) Distressed seafarers are to be relieved and
maintained upon the most reasonable terms possible but only until
arrangements are made for their return to a proper return port, and
such arrangements are carried into effect.
(2) Distressed seafarers may, where necessary, be provided
with medical advice and treatment and supplied with clothing but in
no greater quantity than is absolutely required, and the clothing
supplied shall be of the quality the seafarers would normally wear.
(3) The relief and maintenance of a seafarer under these rules
shall continue for as long as is considered necessary by the proper
authority but, in every case in which relief is continued for more than
one month, a special report of the circumstances shall be furnished by
the proper authority to the Registrar-General.
(1) On arrival at the port to which a seafarer has been so Certificate and
conveyed, the master shall produce to the proper authority at that port declaration
rates of passage.
a certificate, signed by the proper authority originally making
arrangements for the distressed seafarer’s return to a proper return
port, specifying the number and names of distressed seafarers placed
on board and the time when each of them was received on board.
(2) On the production of the certificate referred to in sub-rule
(1), and of a declaration made by the master before any official
authorised to administer oaths, stating the number of days during
which each distressed seafarer had received maintenance, and stating
the full complement of his crew and the actual number of seafarers
employed on board his ship, and any variation in that number, whilst
the distressed seafarers received maintenance, the master shall be
entitled to be paid against receipt from the proper authority, in respect
of the maintenance and passage of every seafarer so conveyed,
maintained and provided for by him in excess of the number, if any,
wanted to make up the compliment of the crew, an allowance at the
rate of four euro and sixty-six cents (€4.66) per day for every day
(including part of a day) on which that seafarer was on board the ship.
If any master of a Maltese ship fails without reasonable Fine for non-
cause to comply with rules 76, 77 and 78 in the case of any distressed compliance.
seafarer, he shall for each offence be liable to a fine (multa) not
exceeding one hundred units.
Whenever a ship with distressed seafarers on board, who Rescued
have been rescued or picked up at sea, arrives at a port, the proper seafarers.
authority may pay the master of the ship for their subsistence an
allowance at the rate set out in rule 78.
(1) In order to provide for the passage, to a proper Seafarers
return port, of a distressed seafarer suffering from mental mentally
deranged.
derangement, the proper authority, with the object of ensuring that
requisite care and attendance shall be given to such seafarer during
the voyage, may make a special arrangement with the master and
agree to pay, if necessary, such sum for the passage, in addition to the
allowance at the rate set out in rule 78, as may appear fair and
reasonable under the circumstances.
(2) A copy of the agreement so entered into shall in every case
be forwarded to the Registrar-General as soon as possible, and also in
any case where it is desirable to send the seafarer to a foreign port, to
the proper authority at that port.
(3) In the case of a seafarer arriving under such circumstances
at a port, the proper authority at that port may, in addition to the
allowance at the rate set out in rule 78, pay to the master the amount
of the extra passage money on production of such an agreement and
upon being satisfied that the seafarer has received the special care and
attendance agreed to. An immediate notice of such a payment,
together with the original agreement and the receipt of the master for
the passage money, shall be sent to the Registrar-General.
In the case of a seafarer discharged or left behind suffering
from any illness due to his own wilful act or default or to his own
misbehaviour, who is to be dealt with under these rules, the expense
of providing necessary surgical and medical advice and attendance
and medicines, as well as the expenses of the maintenance of the said
seafarer until he is cured, or dies, or is returned to a proper return
port, and of his conveyance to such port, and in the case of death the
expenses, if any, of his burial, shall be met as far as possible out of his
wages.
(1) A seafarer, distressed or otherwise, shall be sent to a
proper return port by any reasonable route.
(2) Provision may be made for the return of a seafarer, if he is
fit to work, by providing him with suitable employment on board a
ship, proceeding to a proper return port, which is in want of personnel
to make up its complement, or, if that is not practicable, by providing
him with a passage by aircraft, ship, train or other mode of transport,
or, with the money for his passage and, as to any part of the route
which is by land, by paying the expenses of his journey and of his
maintenance during the journey, or providing him with the means to
pay those expenses.
(3) Where the master of a ship is required by these rules to
provide for the return of a discharged seafarer to a proper return port,
the master may, instead of providing the passage or the expenses of
his journey, or of providing him with the means to pay his passage or
those expenses, deposit with the officer whose sanction or certificate
is required under these rules such sum as that officer considers
sufficient to pay the expenses of the return of the seafarer to a proper
return port.
(4) Whilst a distressed seafarer is in transit to a proper return
port, the proper authority at any place at which that seafarer may be,
may pay on behalf of the authority originally making arrangements
for the distressed seafarer’s return to a proper return port, any
expenses on account of that seafarer which the authority originally
acting in respect of such seafarer could pay.
(5) Where a seafarer is repatriated as a member of a crew, he
shall be entitled to the appropriate remuneration for work done during
the voyage.
(6) If any question arises as to what return port a seafarer is to
be sent in any case, or as to the route by which he should be sent, that
question shall be decided by the officer aforesaid, and in deciding any
question under this provision, that officer shall have regard both to
the convenience of the seafarer and to the expenses involved and also,
where that is the case, to the fact that a ship which is in want of
seafarers to make up its complement is about to proceed to a proper
return port or to a port in the vicinity thereof; but nothing in this rule
shall relieve the owner from the obligation and expense of returning
the seafarer to his proper return port.
(1) Where any expenses (other than excluded expenses Recovery of
as defined by this rule) are incurred by or on behalf of the expenses
Government.
Government of Malta, or are incurred by the government or authority
of a foreign State and are repaid or repayable to that government by
or on behalf of the Government of Malta, on account of a distressed
seafarer, either for his maintenance, necessary clothing, conveyance
to a proper return port or, in case of death, for his burial, or otherwise
in accordance with these rules, those expenses (together with the
wages, if any, due to the seafarer) shall be a charge upon the ship,
whether Maltese or foreign, to which the distressed seafarer
belonged, and shall be recoverable as a debt due to the Government of
Malta from the master of the ship or from the owner of the ship for
the time being or, where the ship has been lost, from the person who
was the owner of the ship at the time of the loss or, where the ship has
been transferred to some person not being a Maltese citizen or not
being a body corporate established under the laws of Malta, either
from the owner for the time being or from the person who was the
owner of the ship at the time of the transfer, and also, if the ship is a
foreign ship, from the owner who engaged the seafarer for service in
the ship.
(2) In any proceedings for such recovery, a certificate of the
expenses signed by the person, authority or government paying the
expenses together with such vouchers (if any) as the case requires,
shall be sufficient proof that the said expenses were duly paid.
(3) For the purposes of this rule, "excluded expenses" are
expenses incurred in cases where the certificate obtained under these
rules on leaving a seafarer behind stipulates, or the Registrar-General
is otherwise satisfied, that the cause of the seafarer being left behind
is desertion, disappearance, imprisonment for misconduct or
discharge from his ship by a competent court on the ground of
misconduct, and expenses incurred on account of the return to the
proper port of a distressed seafarer who has been discharged at the
port at which he was shipped or at some neighbouring port.
Saving the provisions of rule 82, all expenses incurred and
payments made by the proper authority under the provisions of these
rules shall be a charge on the Consolidated Fund.
PART IV
ACCOMMODATION AND STORES
Accommodation
For the purposes of this Part of the rules
"certifying authority" means any person authorised by the
Minister and includes a surveyor of ships appointed in terms of article
367 of the Act and organisations or bodies of surveyors authorised by
the Minister in that behalf;
"existing ship" means a ship that is not a new ship;
"new ship" means a ship the keel of which is laid or which is at
a similar stage of construction on or after the entry into force of these
rules;
"similar stage of construction" means the stage at which
(a)
construction identifiable with a specific ship begins;
and
(b) assembly of that ship has commenced comprising at
least 50 tonnes or one percent of the estimated mass of all
structural material whichever is the less.
(1) The ship’s crew shall be provided with
accommodation, including hospital accommodation, in accordance
with the provisions of these rules and related Schedules.
(2) Unless expressly provided otherwise, any requirement
under an amendment to these rules and Schedules relating to the
provisions of seafarers’ accommodation and recreational facilities
shall apply only to ships constructed on or after the amendment takes
effect.
(1) Every person to whose order a ship to which these
rules apply is being constructed shall
(a)
before the construction of the ship commences,
submit for approval to the certifying authority a plan of the ship,
on a scale not smaller than 1 in 200, showing the proposed
location and general arrangement of the crew accommodation;
and
(b) before the construction of any part of the crew
accommodation is commenced, submit for approval to the
certifying authority, plans of the proposed accommodation, on a
scale not smaller than 1 in 50, showing clearly and in detail the
purpose for which each space in the crew accommodation is to
be used, the proposed disposition of furniture and fittings, the
proposed arrangements for heating and ventilation, lighting,
sanitary arrangements, noise and vibration and other ambient
factors.
(2) The owner of a ship to which these rules apply shall,
before any reconstruction or alteration of the ship’s crew
accommodation is carried out, submit for approval to the certifying
authority plans of the proposed crew accommodation as reconstructed
or altered as the case may be, in accordance with the requirements of
sub-rule (1)(b)
Provided that if the crew accommodation is reconstructed
or altered at a place outside Malta in consequence of any emergency
or any accident to the ship, the relative plans shall be submitted for
approval to the certifying authority as soon as practicable.
The crew accommodation of an existing ship to which Requirements
these rules apply shall comply with the requirements laid down in the for
ships.
Third Schedule.
The crew accommodation of a new ship to which these Requirements
rules apply shall comply with the requirements laid down in the for new ships.
Fourth Schedule.
Subject to rule 92(17), no part of the crew accommodation Use of crew
provided under these rules is to be appropriated for use by passengers. accommodation.
(1) Every ship to which these rules apply carrying a Hospital
crew of fifteen or more and engaged in a voyage of more than three accommodation.
days’ duration, shall be provided with separate hospital
accommodation
Provided that the Registrar-General may authorise
alternative arrangements in respect of ships engaged in coastal trade.
(2) In every other ship to which these rules apply (except one
in which all seafarers have separate sleeping rooms) a suitable room
shall be appropriated for use, in case of need, as a temporary hospital.
(3) Hospital accommodation, whether permanent or
temporary, shall be marked as such and shall not be used for any
purpose other than for medical purposes.
(4) Every hospital, whether permanent or temporary, shall be
so situated that it is as quiet and comfortable as possible and is readily
accessible in all weather -
(a)
from the sleeping room of the member of the crew
who is, and is employed as, a medical practitioner or a nurse; or
(b) if no such doctor or nurse is carried, from the
master’s accommodation or from the accommodation provided
for the person in charge of the patients.
(5) The minimum width of the entrance to any permanent
hospital shall, where practicable, be 760 millimetres and every
hospital, whether permanent or temporary, shall be so situated and
arranged that a stretcher can be easily carried into it with a person
lying on the stretcher.
(6) Every permanent hospital shall be provided with at least
one berth for every fifty, or fraction of fifty, members of the crew.
(7) At least one berth in every permanent hospital shall be a
single-tier berth and shall, wherever practicable, be so placed that it is
accessible from both sides and from the foot.
(8) If double-tier berths are provided in a hospital, the upper-
tier shall be either hinged or removable.
(9) Berths in permanent hospitals shall comply with the
requirements of the Schedules.
(10) All side-scuttles and windows in a permanent hospital, and
all skylights therein which are exposed to the direct rays of the sun
shall be provided with curtains or blinds.
(11) Every permanent hospital, even if served by an air
conditioning system or a mechanical ventilation system, shall be
provided with a natural system of inlet and exhaust ventilation to the
open air independent of any ventilators provided for other parts of the
ship.
(12) Unless otherwise provided in this rule, hospital
accommodation shall comply with the requirements of Appendices I
and II, paragraphs 9.1 to 11.8 of the Third Schedule with regard to
ventilation, heating and lighting.
(13) A suitable locker, a water bottle, a tumbler, and an electric
bell push communicating with the sleeping room of the doctor, nurse
or the person in charge of the patient, shall be provided for each berth
in the hospital accommodation and shall be within reach of that berth.
(14) The hospital accommodation shall be provided with a
clothes locker, an adequate number of seats and a bed pan.
(15) A wash basin with cold and hot water laid on to it shall be
fitted in every permanent hospital or in washing accommodation in
the hospital.
(16) A water closet provided with the items specified in
Appendix I, paragraph 17.9 and Appendix II, paragraph 17.14 of the
Third Schedule shall be fitted in every permanent hospital either in a
separate closet or in washing accommodation in the hospital.
(17) In passenger ships, the hospital may be provided to serve
both crew and passengers.
(1) A locked cabinet or a locked container suitable for Medical stores.
storing medicines and the medical stores shall be well ventilated and
fitted in a place in the crew area for the ship which -
(a)
is always dry;
(b) is readily accessible from (but not sited in) the
permanent or temporary hospital; and
(c)
is not subject to abnormal heat.
(2) Where a medical cabinet is fitted it shall be provided with
the following
(a)
an outer door with an efficient lock;
(b) where controlled drugs are to be stored, an inner
cupboard fitted with a door and a lock which cannot be opened
by the same key as the lock to the outer door; and
(c)
a dispensing counter with a surface that can be
easily kept clean.
(3) Where a medical cabinet is fitted it shall be lit by an
electric light (which may be inside or immediately outside it) which
enables the contents to be clearly seen.
(1) The crew and hospital accommodation shall be
maintained in a clean and habitable condition and all equipment and
installations required by these rules shall be maintained in good
working order.
(2) Every part of the crew accommodation, except store
rooms, shall be kept free from stores and other property not belonging
to or provided for the use of persons for whom that part of the
accommodation is appropriated.
(3) The master of the ship or the officer appointed by the
master for the purpose shall inspect every part of the crew and
hospital accommodation at intervals not exceeding seven days and
shall be accompanied on the inspection by at least one member of the
crew.
(4) The master of the ship or the officer appointed by the
master for the purpose of inspecting the crew and hospital
accommodation shall cause to be entered in the ship’s official log
book a record of -
(a)
the date and time of the inspection;
(b) the name and rank of the officer making the
inspection; and
(c)
the particulars regarding the crew and hospital
accommodation or any parts found by any of the persons
making the inspection that do not comply with these rules.
(1) The crew and hospital accommodation of a ship to
which these rules apply shall be surveyed by the certifying authority
whenever -
(a)
the ship is or is being registered as a Maltese ship
under Part II or Part IIA of the Act; or
(b) all or part of the crew or hospital accommodation of
a Maltese ship undergoes substantial alteration or repair.
(2) If the Registrar-General is not satisfied that the ship
complies with the requirements of these rules, he may
(a)
request that measures be taken so the ship complies
with these rules; or
(b)
detain the ship.
(1) The
Registrar-General
may,
taking
into Exemptions and
consideration the special circumstances that apply to each individual equivalents.
ship and following consultation with the owner of the ship and with
the bona fide seafarers’ union representing the crew of the ship, allow
variations from the requirements of these rules in the case of
(a) ferries and similar ships which are not continuously
manned with one permanent crew;
(b) ships with additional repair personnel temporarily
embarked for repairs;
(c)
ships engaged in such short voyages which allow the
crew to go home or make use of comparable facilities for part of
the day; and
(d) any ship, provided that the variations to be made
provide corresponding advantages as a result of which the
overall conditions are not less favourable than those which
would result from the full application of the requirements of
these rules and respective Schedules.
(2) The Registrar-General may, in the case of ships the
manning of which has to take account, without discrimination, of the
interest of the crew having different and distinctive religions and
social practices, or the low or infrequent operational activity of the
ship, and following consultation with the organisations of shipowners
and with the bona fide seafarers’ union and subject to agreement
between the said two parties, allow variations from the requirements
of the Fourth Schedule provided that such variations do not result in
overall facilities less favourable than those which would result from
the application of the requirements under this rule.
Medical stores
(1)
For the purpose of rules 98 to 106, both inclusive -
Interpretation.
''antidote'' means a substance used to prevent or treat a harmful
effect or effects, direct or indirect, of one or more dangerous
substances;
''dangerous substances'' means substances listed as such in the
Sixth Schedule.
(2) Any reference to the British Pharmacopoeia, the European
Pharmacopoeia, or the British National Formulary shall, in its
application to a particular case, be construed as a reference to the
edition thereof current at, or not more than three months before, the
time in question.
(3) Any reference to a publication includes a reference to any
amendment thereof published before the date on which these rules
come into force, and shall include any document amending the same,
or shall mean any new edition thereof together with any document
amending the same.
(4) This rule and rules 98 to 106, both inclusive, and the Fifth,
Sixth, Seventh and Eighth Schedules implement Directive 92/29/EEC
of 31st March 1992 on the minimum safety and health requirements
for improved medical treatment on board vessels, so far as that
Directive relates to the carriage of medicines and other medical
stores. Unless otherwise defined in these rules or unless the context
otherwise requires, words and expressions used in the aforementioned
rules shall have the same meaning assigned to them in that Directive.
(1) Every ship to which these rules apply shall carry on
board medical stores specified in Parts I and II of the Fifth Schedule
for the category of ship to which it belongs.
(2) The categories of ships referred to in the Fifth Schedule
are
-
Category A ships are sea-going ships (including
fishing vessels) with no limitation on length of voyages;
-
Category B ships are sea-going ships (including
fishing vessels) making voyages of less than 150 nautical miles
from the nearest port with adequate medical equipment;
-
Category C ships are harbour vessels, boats and craft
staying very close to shore or with no cabin accommodation
other than a wheelhouse
Provided that, notwithstanding the provisions of this rule,
the Registrar-General may, on the advice of a medical practitioner,
require any ship to which these rules apply to carry on board
additional or different quantities of medical stores, taking into
account the nature of the voyage (in particular ports of call,
destination and duration), the type or types of work to be carried out
during the voyage, the nature of the cargo and the number of crew.
(3) For each of its life rafts and life boats, every ship to which
these rules apply shall carry a watertight medicine chest at least
containing the medical supplies specified in Parts I and II of the Fifth
Schedule for Category C ships.
(4) Subject to sub-rule (1), every ship to which these rules
apply carrying dangerous substances shall carry on board at least the
antidotes specified in Part III of the Fifth Schedule.
(5) Subject to sub-rule (1) and notwithstanding the provisions
of sub-rule (4), any ferry-type ship to which these rules apply
carrying dangerous substances shall carry on board at least the
antidotes specified in Part III of the Fifth Schedule
Provided that in the case of a ferry-type ship operating on a
regular route where the crossing is due to last less than two hours, the
antidotes may be limited to those which have to be administered in
cases of extreme emergency within a period of time not exceeding the
normal duration of the crossing.
(1) The master shall be responsible for the management Allocation of
responsibility.
of the medical stores
Provided that, without prejudice to such responsibility, the
master may delegate the use and maintenance of the medical stores to
one of the ship’s officers.
(2) The master or a ship officer responsible for the
management of the medical stores shall have received special training
updated periodically, at least every five years, taking into account the
specific risks and needs connected with the different categories of
ships referred to in the Fifth Schedule, and in accordance with the
general guidelines set out in the Eighth Schedule.
All medical stores required by these rules to be kept on Standards of
board a ship shall conform to the standards and requirements of the medical stores.
British National Formulary, the British Pharmacopoeia, the European
Pharmacopoeia, or the United States Pharmacopoeia, and with the
requirements set out in the Fifth Schedule.
(1) Without prejudice to any other law, any container of Packaging and
labelling of
medical stores required by rule 98 to be kept on board a ship -
containers.
(a)
shall have in English on a label the particulars
specified in sub-rule (3);
(b) in the case of a container of tablets or capsules, shall
be capable of reclosure to prevent ingress of moisture;
(c)
in the case of a container of disinfectant, shall not
show deleterious reaction with the disinfectant after storage in
normal conditions for six months;
(d) in the case of a container of insecticide, shall be
airtight, water-tight, packed in a suitable and sturdy case and, if
the container is a pressure canister, have a cap or other means of
protecting the valve against accidental opening when the
canister is not in use;
(e)
in the case of medicine or disinfectant not in the
container supplied by its manufacturer, shall be packed in a
sturdy, brown-coloured or non-translucent container;
(f)
in the case of a container of oxygen, shall have in
English on a label a notice indicating that it is highly explosive
and that no smoking is allowed in its vicinity.
(2) Any label referred to in sub-rule (1)(a) and (f) shall either
be firmly affixed to the container and rendered resistant to moisture
by varnish or other effective means or be an integral part of the
container.
(3) The particulars required by sub-rule (1)(a) to be shown on
labels are
(a)
the ordering name by which the medical store is
referred to in the Fifth Schedule;
(b) any storage requirements laid down in any of the
publications referred to in rule 100, elsewhere in these rules or
in the Schedules to these rules;
(c)
if the medical stores are perishable, the expiry date
as defined in rule 103;
(d) the name and address of the supplier of the medical
stores, the product licence number and batch number;
(e)
in the case of any container of a disinfectant or of an
antiseptic prescribed in any of the categories set out in the Fifth
Schedule, the dilution recommended for any purpose stated
thereon;
(f)
in the case of a container of hypochlorite, a notice
indicating that the chemical may combust spontaneously and
that the hypochlorite should be stored in a cool dark place; and
(g) any further information required by the Fifth
Schedule.
(1) Any medical store required to be carried by rule 98, Storage of
medicines.
shall be stored in accordance with any instructions on its container.
(2) Any medicine which is a controlled drug shall be stored in
accordance with the requirements for controlled drugs contained in
the Ship Captain’s Medical Guide.
(3) Subject to sub-rule (2), any medicine mentioned in sub-
rule (1), unless it is required to be kept in a refrigerator or in a first aid
satchel or box, shall be stored in a medical cabinet, if available, or
otherwise in a cool, dry, locked cabinet or locked container.
(4) Any medical stores kept in a hyperbaric decompression
chamber or otherwise in such a way as not to be readily accessible at
all times to the master or any person authorised by him shall not be
taken into account in respect of the requirements of these rules.
Where -
Replenishment
of dated
medicines.
(a)
a ship is required in pursuance of rule 98 to have on
board any medical stores specified in the Fifth Schedule, and
(b) any label required by rule 101(1)(a) to be borne by
any container of any such medical stores, indicates a date after
which the medical store contained in it is not to be used
(hereinafter called 'the expiry date'),
that medical store shall be replaced at the earliest possible date after
the expiry date, and in any event within three months of the expiry
date. Medical stores which have passed the expiry date shall, once
replacements have been obtained, or after three months (whichever is
the earlier), be disposed of in accordance with the Ship Captain’s
Medical Guide
Provided that in an emergency the required medical stores
which are not available on board shall be made available as soon as
possible.
The owner of a ship to which these rules apply shall be Responsibility
responsible for the cost of any medical stores including the cost of for costs.
periodic replacements.
A ship to which these rules apply shall carry guides as to Carriage of
the use of medical stores required to be carried on board by rule 98, guides.
including in particular instructions for the use of antidotes. Due
regard shall be made to the publications listed in the Seventh
Schedule.
The owner of a ship to which these rules apply shall ensure
that the medical stores are inspected by a competent person at least
once a year to ensure that -
(a)
the ship is carrying the medical stores which it is
required to carry;
(b)
such medical stores are correctly stored;
(c)
any perishable medicines have been replaced in
accordance with the requirements of rule 103.
Provisions and water
(1) It shall be the duty of the owner and master of every
ship to ensure that there shall be provided on their ship provisions and
water which -
(a)
are suitable in respect of quantity, nutritive value,
quality and variety having regard to the size of the crew, the
duration and nature of the voyage, and the quantity set out in the
Ninth Schedule;
(b) do not contain anything which is likely to cause
sickness or injury to health or which renders any provision or
water unpalatable;
(c)
are otherwise fit for consumption;
(d)
are free of charge during the engagement.
(2) In complying with the obligation of sub-rule (1), the owner
and master shall strive to give consideration to cultural and religious
requirements, for which exemptions are customarily provided for.
The master, or any officer authorised by the master, shall,
together with a member of the crew employed in catering on the ship,
inspect not less than once a week provisions and water for the
purpose of checking whether the provisions and water still comply
with rule 107(1), all spaces and equipment used for the storage and
handling of food and drinking water; and galley and other equipment
for the preparation and service of meals. The results of such
inspections shall be recorded in the official log book of the ship.
(1) The ship’s cook and catering staff shall be properly
trained and certified in the preparation of nutritionally balanced meals
served in strict hygienic conditions.
(2) No ship’s cook and catering staff shall be engaged as such
on a Maltese ship unless such person has completed a training course
approved or recognised by the Registrar-General.
(3) The Registrar-General may recognise certificates issued by
or under the authority of another Party to the Convention which has
ratified the same or has ratified the ILO Certification of Ships’ Cooks
Convention, 1946 (No. 69).
(4) The Registrar-General may exempt ships manned by less
than ten crew, by virtue of the size of the crew or the trading pattern,
from having a fully qualified cook
Provided that anyone processing food in the galley shall be
trained and instructed in areas including food and personal hygiene as
well as handling and storage of food on board ships
Provided further that the Registrar-General may permit, in
circumstances of exceptional necessity, a non-fully qualified cook to
serve on a specific ship, until the next convenient port of call, but not
for periods exceeding one month. Such person shall however be fully
qualified in all hygiene related matters related to food handling and
storage.
(5) No seafarer under the age of eighteen years shall be
employed or engaged or work as a ship’s cook.
For the purposes of article 150A of the Act, the sums Allowance for
payable to a person for short or bad provisions shall be the following: short
provisions.
(a)
if the allowance is reduced by not more than one-
third of the quantity, a sum not exceeding one unit a day;
(b) if the allowance is reduced by more than one-third, a
sum not exceeding two units a day;
(c)
in respect of bad or deficient quality of provisions, a
sum not exceeding three units a day.
PART V
HEALTH AND SOCIAL WELFARE
Shipowner’s liability for medical care
For the purposes of article 168A of the Act, the Registrar
General may at any time, and in particular whenever he is requested
to issue or renew any certificate of registry issued to a ship under the
Act, demand evidence that adequate insurance cover has been duly
obtained and is in effect covering the liability risks which are
contemplated in article 168A of the Act.
Without prejudice to article 158 of the Act, in the event of
any sickness, disease or injury suffered by any seafarer, the
shipowner shall, on the same basis as provided in the said rule
(a)
provide, at his own expense, for adequate board and
lodging for such seafarer;
(b) pay such seafarer who is, by reason of such sickness,
disease or injury rendered incapable for work
(i) wages for such time as the seafarer remains
on board or is repatriated in accordance with these rules;
and
(ii) without prejudice to rule 56, where the said
seafarer is no longer on board, a sum of money equivalent
to the wages (exclusive of bonuses) that, but for his
sickness, disease or injury, would have accrued in his
favour during the continuance of his sickness, disease or
injury, or during a period of sixteen weeks, whichever
period is shorter
Provided that where the seafarer entitled to receive such
payment mentioned in paragraph (b)(ii) has remained on board for
any period of time following the onset of his sickness, disease or
injury, any wages received during such period shall be deducted from
any payment to which he would be entitled in accordance with the
said paragraph (b)(ii).
Ships which do not require a medical doctor onboard as
stipulated in rule 36 shall be required to have either at least one
seafarer on board who is in charge of medical care and administering
medicine as part of their regular duties or at least one seafarer on
board competent to provide medical first aid. Seafarers in charge of
medical care on board who are not medical doctors shall have
satisfactorily completed training in medical care that meets the
requirements of the STCW Convention for mandatory minimum
requirements related to medical first aid and medical care.
Health and safety protection
(1) It shall be the duty of every shipowner to carry out Risk
an assessment of all the occupational health and safety hazards which assessments.
may be present onboard the ship and the resultant risks involved
concerning all aspects of the work activity. Such assessments shall
consider the risks to the health and safety of the seafarers
Provided that, when carrying out such assessments, the
shipowner shall also take into consideration changes to the work
activities being carried out and to the ship’s structure or operational
use, and shall take appropriate action.
(2) The shipowner shall keep onboard the ship written or
retrievable electronic copies of such assessments, and shall ensure
that they are updated regularly.
(3) Such assessments shall be posted in those places which are
being addressed by the assessment in such manner as to be clearly
readable by the seafarers concerned.
(4) The shipowner shall implement the protective measures
appropriate to the nature of the work being carried out which are
required to be taken following these assessments and, if necessary,
the protective equipment to be used, in accordance with recognised
industry standards which may be regulated by Maltese law or
international treaties.
(5) The assessments referred to in this rule shall be reviewed
whenever there is any major change in working conditions, or
whenever the shipowner or seafarer concerned by the assessments
have reason to suspect that they are no longer valid.
The shipowner may delegate to such persons or recognised Health and
organisations recognised by the Registrar-General in ensuring safety
assessments.
compliance with the provisions of these rules, to draw the
occupational health and safety hazards assessments in accordance
with rule 114.
In drawing up occupational health and safety hazards Drawing up of
assessments.
assessments, the shipowner shall give particular attention to
(a)
the duties of the master to take specific
responsibility for the implementation of and compliance with
the ship’s occupational safety and health policy and programme,
and
(b) the safety and health of seafarers under the age of
eighteen years.
The shipowner shall specify the authority of the ship’s
seafarers appointed or elected as safety representatives to participate
in meetings of the ship’s safety committee. Such a committee shall be
established on board a ship on which there are five or more seafarers.
PART VI
RECORDS AND COMPLAINTS PROCEDURE
Complaints
All ships shall have on-board procedures for the fair,
effective and expeditious handling of seafarer complaints alleging
breaches of these rules. Such procedures shall seek to resolve
complaints at the lowest level possible
Provided that seafarers have a right to complain directly to
the master and, where they consider it necessary, to appropriate
external authorities.
The on-board complaint procedures shall include the right
of the seafarer to be accompanied or represented during the complaint
procedure, as well as safeguards against the possibility of
victimisation of seafarers for filing complaints which are neither
manifestly vexatious nor maliciously made.
In addition to a copy of their seafarers’ employment
agreement, all seafarers shall be provided with a copy of the on-board
complaint procedures applicable on the ship. This shall include
contact information about the competent authority and the name of
the person or persons on board the ship who can, on a confidential
basis, provide seafarers with impartial advice on their complaint and
otherwise assist them in following the complaint procedures available
to them on board the ship.
The provisions in rules 118 to 125, both inclusive, are
without prejudice to a seafarer’s right to seek redress through
whatever legal means the seafarer considers appropriate.
(1) If a seafarer whilst on board states to the master of
the ship his desire to make a complaint to the Registrar-General, or to
an inspector, or to a Maltese consular officer, against any member of
the crew being inclusive of the master, the master shall, as soon as the
service of the ship will permit -
(a)
if the ship is at a place where there is any such
person as aforesaid to whom the complaint is to be made, after
such statement; and
(b) if the ship is not then at such place, after her first
arrival at such a place,
allow the complainant to go ashore or send him ashore in proper
custody so that he may be enabled to make his complaint.
(2) The master of a ship shall not coerce the seafarer into
divulging the identity of persons against whom the complaint is being
lodged or the nature of the complaint.
(3) If the master of a ship fails without reasonable cause to
comply with this rule, he shall for each offence be liable to a fine
(multa) not exceeding ten units.
(1)
Where -
Reports on
Maltese ships.
(a)
the Registrar-General receives a complaint which is
not considered manifestly unfounded, or obtains evidence that a
ship which flies the Maltese flag does not comply with these
rules; or
(b) there are serious deficiencies in the implementation
of the measures set out in the Declaration of Maritime Labour
Compliance as provided in rule 128,
the Registrar-General shall take the steps necessary to investigate the
matter and ensure that action is taken to remedy any deficiencies
found in accordance with rule 129(1).
(2) The identity of the person lodging the complaint must not
be revealed to the master or the owner of the ship concerned, or give
any intimation that an inspection was carried out following such a
complaint.
(3) Any person lodging a complaint with flag or port
authorities which is found to be without basis in fact and done
maliciously or vexatiously will be subject to disciplinary provisions.
(1) When carrying out an inspection in order to obtain Inspections of
evidence that a ship does not comply with the relevant requirements ships
Maltese ships.
the Registrar-General shall determine whether -
(a)
a table complying with rule 41(2) is posted-up in a
prominent and accessible place on the ship; and
(b) records are being maintained in compliance with
rule 43; and
(c)
there is proof that such records have been endorsed
by the maritime administration of the State in which the ship is
registered.
(2) Where -
(a)
a complaint has been received, or
(b) the Registrar-General, from own observations on
board, believes that seafarers may be unduly fatigued,
the Registrar-General, or the inspector, shall carry out a more detailed
inspection, in accordance with sub-rule (1), to determine whether the
hours of rest recorded comply with the standards laid down in rule 39
and that they have been duly observed, and shall inspect and take into
account other records relating to the operation of the ship.
(1)
Any contravention by -
(a)
the master of a ship, of rules 38, 41(1), 42(3) or
43(1), (2)(e) or (3);
(b)
an employer, of rule 38;
(c)
a person authorised by the master of a ship, of rule
41(1) or 43(1) or (2)(e); or
(d) a company which has assumed the operation of the
ship, of rule 43(3) or rule 46,
shall be liable to a fine (multa) of not more than one thousand units
for each offence.
(2) Where there is a contravention of rule 39(3) or (4) the
master of the ship shall for each offence be liable to a fine (multa) of
not more than five hundred units.
(3) Where there is a contravention of rule 44(1) the employer
of the seafarer under the age of eighteen years shall be liable to a fine
(multa) of not more than five hundred units.
(4) Where there is a contravention of rule 47 the employer of
the seafarer shall be liable to a fine (multa) of not more than one
thousand units.
PART VII
ENFORCEMENT
(1)
This Part of the rules applies to ships of
Application.
(a)
500 gross tonnage or over, engaged in international
voyages; and
(b) 500 gross tonnage or over, flying the Maltese flag
and operating from a port, or between ports, in another State.
(2) For the purposes of this Part of the rules "international
voyage" means a voyage from a State to a port outside such a State.
(3) This Part also applies to any ship registered under the Act
and which is not covered by sub-rule (1), at the request of the
shipowner.
It shall be the duty of the shipowner and of the master to Duty to ensure
ensure that the ship is in compliance with the provisions of these rules compliance.
and such person, if in fault, shall be liable to the penalties provided
for in the Act; and if no such penalty is provided for, such person
shall for each offence be liable to a fine (multa) not exceeding five
hundred units.
(1) No Maltese ship to which this Part applies shall Prohibition to
proceed to sea or attempt to proceed to sea on an international voyage proceed
without
unless there is in force in respect of the ship a Maritime Labour appropriate
certificate.
Certificate and a Declaration of Maritime Labour Compliance, in the
approved form or as near thereto as circumstances permit.
(2) No ship to which this Part applies shall proceed to sea or
attempt to proceed to sea on an international voyage from Maltese
waters unless there is in force in respect of the ship a Maritime
Labour Certificate and a Declaration of Maritime Labour
Compliance.
(3) The master of every ship to which the provisions of sub-
rule (2) apply shall produce to the officer from whom a clearance for
the ship is demanded, at the time a clearance for the ship is demanded
for a voyage from Malta to a port or place outside Maltese waters, the
certificate and declaration referred to in the said sub-rule to be in
force when the ship proceeds to sea on an international voyage, and a
clearance shall not be granted, and the ship may be detained, until the
said certificate and declaration are so produced.
(4) The appropriate fee for the issue of a Declaration of
Maritime Labour Compliance Part I shall be of fifty euro (€50).
(1) The Registrar-General, or an appropriate inspector,
may inspect any ship to which these rules apply and if satisfied that
the ship is not in compliance with the provisions of these rules and the
applicable requirements of the Convention, the Registrar-General
shall take such steps as are considered necessary to ensure that the
ship shall not sail until it can proceed to sea without presenting an
unreasonable threat of harm to the working and living conditions of
seafarers and any expenses incurred therefor shall be a charge on the
ship, so however that the ship shall not be unduly detained or delayed.
(2) For the purposes of this rule, the provisions of article
154(2) and (3) of the Act shall mutatis mutandis apply to the
Registrar-General and to appropriate inspectors.
(1) The Merchant Shipping (Distressed Seamen)
Regulations, 1973, the Merchant Shipping (Provisions and Water)
Regulations, 2001, the Merchant Shipping (Medical Stores)
Regulations, 2002, the Merchant Shipping (Employment of Young
Persons in Merchant Ships) Regulations, 2001, the Merchant
Shipping (Medical Examination) Regulations, 2001, the Merchant
Shipping (Minimum Wage) Regulations, 2002, the Merchant
Shipping (Hours of Work) Regulations, 2002, the Merchant Shipping
(Protection of Seamen) Regulations, 2003, the Merchant Shipping
(Safe Manning and Watchkeeping) Regulations, 2003 and the
Merchant Shipping (Crew Accommodation) Regulations, 2004 are
hereby revoked.
(2) Any certificate issued in terms of the regulations
mentioned in sub-rule (1) shall remain valid until their expiry and
shall not be renewed unless they comply with the provisions of these
rules.