MERCHANT SHIPPING (FISHING VESSELS) (MINIMUM SAFETY AND HEALTH REQUIREMENTS) REGULATIONS

MERCHANT SHIPPING (FISHING VESSELS)

[ S.234.34

(MINIMUM SAFETY AND HEALTH REQUIREMENTS)

SUBSIDIARY LEGISLATION 234.34

MERCHANT SHIPPING (FISHING VESSELS)

(MINIMUM SAFETY AND HEALTH

REQUIREMENTS) REGULATIONS

1st April, 2004

LEGAL NOTICE 305 of 2003.

The title of these Regulations is the Merchant Shipping

(Fishing Vessels) (Minimum Safety and Health Requirements)

Regulations.

(Regulations 5, 7 and 8)

MINIMUM SAFETY AND HEALTH REQUIREMENTS

FOR NEW FISHING VESSELS

Preliminary Note

The obligations laid down in this Schedule apply whenever required by the

features of the workplace, the activity, the circumstances or a risk on board a new

fishing vessel.

1. Seaworthiness and stability

1.1. The vessel must be maintained in a seaworthy condition and be properly

equipped appropriate to its purpose and use.

1.2. Information on the vessel’s stability must be available on board and must be

accessible to the men on watch.

1.3. All vessels must be sufficiently stable when intact in the conditions of

service for which they are intended. The skipper must take the precautionary

measures necessary to maintain adequate stability of the vessel. Instructions

supplied concerning the vessel’s stability must be strictly observed.

2. Mechanical and electrical installations

2.1. Electrical installations must be designed and constructed so as not to present

any danger and so as to ensure

2.1.1

protection for the crew and vessel from electrical hazards,

2.1.2

the proper functioning of all equipment necessary to maintain the

vessel in normal operational and living conditions without recourse

to an emergency power supply,

2.1.3

the operation of electrical equipment essential for safety in all

emergencies.

2.2. An emergency electrical power source must be provided. Except in open

vessels, it must be located outside the engine room and must, in all cases, be so

arranged as to ensure in the event of fire or other failure of the main electrical

installation, simultaneous functioning for at least three hours of

2.2.1

the internal communication system, fire detectors and emergency

signals,

2.2.2

the navigation lights and emergency lighting,

2.2.3

the radio installation,

2.2.4

the emergency electrical fire pump where present.

If the emergency electrical power source is an accumulator battery and the main

electrical power source fails, the accumulator battery must be automatically

connected to the emergency electrical switchboard and supply power for an

uninterrupted period of three hours to the systems referred to in items 2.2.1, 2.2.2

and 2.2.3. The main electrical switchboard and the emergency switchboard must, to

the extent possible, be installed in such a way that they cannot be exposed

simultaneously to water or fire.

2.3. Switchboards should be clearly marked; fuse boxes and fuse holders should

be checked at regular intervals to ensure that the correct rating of fuse is being used.

2.4. Compartments housing electrical storage batteries must be adequately

MERCHANT SHIPPING (FISHING VESSELS)

(MINIMUM SAFETY AND HEALTH REQUIREMENTS)

ventilated.

2.5. Electronic aids to navigation should be tested frequently and well

maintained.

2.6. All equipment used in hoisting should be tested and examined at regular

intervals.

2.7. All parts of hauling gear, hoisting gear and related equipment should be

maintained in good repair and working order.

2.8. Where refrigeration plants and compressed air systems are installed they

should be well maintained and examined at regular intervals.

2.9. Cooking and domestic appliances using heavy gases should be used only in

well ventilated spaces and care should be taken to avoid any dangerous accumulation

of gas. Cylinders containing flammable and other dangerous gases should be clearly

marked as to their contents and stowed on open decks. All valves, pressure

regulators and pipes leading from the cylinders should be protected against damage.

3. Radio installation

The radio installation must permit contact at all times with at least one coastal or

land-based station, taking into account the normal conditions for propagation of

radio waves.

4. Emergency routes and exits

4.1. Routes and exits which can be used as emergency routes and exits must be

unobstructed and easily accessible at all times and lead out as directly as possible to

the open deck or to a safe area and thence to the survival craft so that workers can

evacuate their workstations or living areas quickly and as safely as possible.

4.2. The number, distribution and dimensions of the routes and exits which can

be used as emergency routes and exits must depend on the use, equipment and

dimensions of workplaces and living areas and on the maximum potential number of

persons present.

Exits which can be used as emergency exits and which are closed must be

immediately and readily operable in an emergency by any worker or by rescue

teams.

4.3. Emergency doors and other emergency exits must be adequately

weatherproof and watertight for their location and particular function. Emergency

doors and other emergency exits must be as fire-resistant as the bulkheads.

4.4. Emergency routes and exits must be indicated by signs in accordance with

the Workplace (Provision of Health and`or Safety Signs) Regulations.

4.5. Escape routes and facilities and emergency exits requiring illumination must

be provided with emergency lighting of adequate intensity in case the lighting fails.

5. Fire detection and fire fighting

5.1. Depending on the dimensions and use of the vessel, the equipment it

contains, the physical and chemical properties of the substances present and the

maximum potential number of persons present, living quarters and enclosed

workplaces, including the engine-room and the fish hold if necessary, must be

equipped with appropriate fire-fighting equipment and, as necessary, with fire

detectors and alarm systems.

5.2. Fire-fighting equipment must always be kept in its proper location,

maintained in good working order, and be available for immediate use. Workers

must be familiar with the locations of fire-fighting equipment, the way it works and

how it should be used. The presence of extinguishers and other portable fire-fighting

equipment must always be checked before the vessel gets under way.

5.3. Manually-operated fire-fighting equipment must be easily accessible and

simple to use and must be indicated by signs in accordance with the Workplace

(Provision of Health and`or Safety Signs) Regulations.

5.4. Fire-detection and alarm systems should be regularly tested and well

maintained.

5.5. Fire-fighting drills shall be carried out at regular intervals.

6. Ventilation of enclosed workplaces

Steps must be taken to see that there is sufficient fresh air in enclosed workplaces,

having regard to the working methods used and the physical demands placed on the

workers. If a mechanical ventilation system is used, it must be maintained in good

condition.

7. Temperature of working areas

7.1. The temperature in working areas must be adequate for the human body

during the hours of working, having regard to the work methods used, the physical

demands placed on the workers and the actual or potential weather conditions in the

area in which the vessel operates.

7.2. The temperature in living quarters, sanitary facilities, canteens and first-aid

rooms must, where those areas exist, be appropriate to the particular purpose of such

areas.

8. Natural and artificial lighting of workplaces

8.1. Workplaces must as far as possible receive sufficient natural light and be

equipped with artificial lighting suitable for the fishing operations in hand, without

placing workers’ safety and health in danger or jeopardizing other vessels.

8.2. Installations for the lighting of working areas, stairs, ladders and

passageways must be placed in such a way that the type of lighting provided poses

no risk of accident to workers and no hindrance to the navigation of the vessel.

8.3. Workplaces in which workers are especially exposed to risks in the event of

failure of artificial lighting must be provided with emergency lighting of adequate

intensity.

8.4. Emergency lighting must be maintained in an efficient operating condition

and be tested at regular intervals.

9. Decks, bulkheads and deckheads

9.1. Spaces accessible to workers must be non-slip or anti-slip or be provided

with devices to prevent falls and kept free of obstacles as far as possible.

9.2. Workplaces containing workstations must be adequately soundproofed and

insulated, bearing in mind the type of tasks involved and the physical activity of

workers.

9.3. The surface of decks, bulkheads and deckheads in working areas must be

such that they can be cleaned or refurbished to an appropriate standard of hygiene.

10. Doors

10.1. Means should be provided so that doors can at all times be operated from the

inside without special equipment. The doors must be operable from either side when

workplaces are in use.

MERCHANT SHIPPING (FISHING VESSELS)

(MINIMUM SAFETY AND HEALTH REQUIREMENTS)

10.2. Doors, and in particular sliding doors, where such have to be used, must

function as safely as possible for the workers, especially in adverse weather and sea

conditions.

11. Traffic routes - danger areas

11.1. Passageways, trunks, the outer part of deckhouses and all traffic routes in

general must be equipped with guard rails, grab rails and lifelines or other means of

ensuring the safety of workers in the course of activities on board.

11.2. If there is a risk that workers may fall through openings in the deck, or from

one deck to another, adequate protection should be provided wherever possible.

Where guard rails provide such protection, they must be at least one metre high.

11.3. Access to installations above the deck for operations or maintenance

purposes must be such as to ensure workers' safety. Guard rails or similar protective

devices of appropriate height must be provided to prevent falls.

11.4. Bulwarks or other means provided to prevent persons falling overboard must

be maintained in an efficient condition. Bulwarks must be fitted with freeing ports or

other similar devices to enable water to drain away quickly.

11.5. On stern trawlers with ramps, the upper part of the ramp must be fitted with

a gate or other means of securing it of the same height as the bulwarks or other

adjacent means, to protect workers from the risk of falling into the ramp.

This gate or other device must be easily opened and closed, preferably by remote

control, and must be open only for casting the net or for hauling it in.

12. Layout of workstations

12.1. Working areas must be kept clear and, as far as possible, be protected from

the sea and provide adequate protection for workers against falling on the vessel or

falling overboard. Handling areas must be sufficiently spacious, in terms of both

height and surface area.

12.2. If the engines are controlled from the engine room, they must be controlled

from a separate area, soundproofed and insulated from the engine room per se and

accessible without entering the latter. The navigating bridge is considered to be an

area that meets the requirements of the first subparagraph.

12.3. The controls for the hauling gear must be installed in an area sufficiently

large to enable operators to work unhindered. The hauling gear must also have

appropriate safety devices for emergencies, including emergency stop facilities.

12.4. The hauling gear operator must have an adequate view of the hauling gear

and the workers at work. If the hauling gear is controlled from the bridge, the

operator should also have a clear view of the workers at work, either directly or via

any other suitable medium.

12.5. A reliable communications system must be used between the bridge and the

working deck.

12.6. A sharp look out should always be maintained and the crew warned of the

imminent danger of heavy oncoming seas during fishing operations or when other

work is being done on deck.

12.7. Contact with bare ropes and warps and with moving parts of the equipment

must be minimized by installing protective devices.

12.8. Controls must be installed for moving masses, particularly on trawlers

12.8.1 devices to immobilize the otter boards,

12.8.2 devices to control the swinging motion of the codend.

13. Living quarters

13.1. The location, structure, soundproofing, means of insulation and layout of the

workers’ living quarters and facilities, where these exist, and means of access

thereto should be such as to provide adequate protection against weather and sea,

vibration, noise and unpleasant odours from other parts of the vessel likely to disturb

the workers during their period of rest. Where the design, dimensions and, or

purpose of the vessel allow, the workers’ living quarters must be located so as to

minimize the effects of motion and acceleration. Appropriate measures should be

taken as far as possible to protect non-smokers from discomfort caused by tobacco

smoke.

13.2. The workers’ living quarters should be properly ventilated to ensure a

constant supply of fresh air and prevent condensation. Appropriate lighting must be

provided in the living quarters, with

13.2.1 adequate normal general lighting,

13.2.2 reduced general lighting to avoid disturbing workers who are resting,

and

13.2.3 local lighting in each berth.

13.3. The galley and mess, where these exist, should be of adequate size, well lit

and ventilated and easy to clean. Refrigerators or other low-temperature food-

storage equipment must be provided.

14. Sanitary facilities

14.1. On vessels with living quarters, shower facilities with hot and cold running

water, wash-basins and toilets must be properly equipped and installed and the

respective areas must be properly ventilated.

14.2. Every worker must have the use of a place where he can keep his clothes.

(1)

In these regulations, unless the context otherwise

requires -

"Act" means the Merchant Shipping Act;

''the Authority'' has the same meaning as is assigned to it in the

Act;

''the Directive'' means Council Directive 93/103/EC of the 23

November, 1993, concerning the Minimum Safety and Health

Requirements for Work on board Fishing Vessels;

''the Minister'' has the same meaning as is assigned to it in the

Act;

''Medical Stores Regulations'' means the Merchant Shipping

(Medical Stores) Regulations;

''new fishing vessel'' means a fishing vessel with a length

between perpendiculars of 15 metres or over and for which, on or

after the 23 November, 1995

(a) a building or major conversion contract is placed;

(b) the building and major conversion contract had been

placed before the 23 November, 1995 and which was

or will be delivered three or more years after such

date; or

(c) in the absence of a building contract

(i)

the keel is laid, or

(ii)

construction identifiable with a specific vessel

begins, or

(iii) assembly has commenced comprising at least 50

tonnes or 1% of the estimated mass of all

structural material, whichever is less;

''existing fishing vessel'' means any fishing vessel with a length

between perpendiculars of 18 metres or over and which is not a new

fishing vessel;

''vessel'' means any new or existing fishing vessel;

''worker'' means any person carrying out an occupation on board

a vessel, including trainees and apprentices but excluding shore

MERCHANT SHIPPING (FISHING VESSELS)

(MINIMUM SAFETY AND HEALTH REQUIREMENTS)

personnel carrying out work on board a vessel at the quayside and

port pilots;

''skipper'' shall have the same meaning as the term ''master'' in

the Act.

(Regulations 6 and 8)

MINIMUM SAFETY AND HEALTH REQUIREMENTS

FOR EXISTING FISHING VESSELS

Preliminary note

The obligations laid down in this Schedule apply, in so far as the structural

characteristics of the existing fishing vessel permit, whenever required by the

features of the workplace, the activity, the circumstances or a risk on board an

existing fishing vessel.

1. Seaworthiness and stability

1.1. The vessel must be maintained in a seaworthy condition and be properly

equipped appropriate to its purpose and use.

1.2. Where it exists, information on the vessel’s stability must be available on

board and must be accessible to the men on watch.

1.3. All vessels must be sufficiently stable when intact in the conditions of

service for which they are intended. The skipper must take the necessary

precautionary measures in order to maintain adequate stability of the vessel.

Instructions supplied concerning the vessel’s stability must be strictly observed.

2. Mechanical and electrical installations

2.1. Electrical installations must be designed and constructed so as not to present

any danger and so as to ensure

2.1.1

protection for the crew and vessel from electrical risks,

2.1.2

the proper functioning of all equipment necessary to maintain the

vessel in normal operational and living conditions without recourse

to an emergency power supply,

2.1.3

the operation of electrical equipment essential for safety in all

emergencies.

2.2. An emergency electrical power source must be provided. Except in open

vessels, the emergency electrical power source must be located outside the engine

room and in all cases be so arranged as to ensure, in the event of fire or other failure

of the main electrical installation, simultaneous functioning for at least three hours

of

2.2.1

the internal communication system, fire detectors and emergency

signals,

2.2.2

the navigation lights and emergency lighting,

2.2.3

the radio installation,

2.2.4

the emergency electrical fire pump where present.

If the emergency electrical power source is an accumulator battery and the main

electrical power source fails, the accumulator battery must be automatically

connected to the emergency electrical switchboard and supply power for an

uninterrupted period of three hours to the systems referred to in items 2.2.1, 2.2.2

and 2.2.3. The main electrical switchboard and the emergency switchboard must, to

the extent possible, be installed in such a way that they cannot be exposed

simultaneously to water or fire.

2.3. Switchboards should be clearly marked; fuse boxes and fuse holders should

be checked at regular intervals to ensure that the correct rating of fuse is being used.

2.4. Compartments housing electrical storage batteries must be adequately

ventilated.

2.5. Electronic aids to navigation should be tested frequently and well

maintained.

2.6. All equipment used in hoisting should be tested and examined at regular

intervals.

2.7. All parts of hauling gear, hoisting gear and related equipment should be

maintained in good repair and working order.

2.8. Where refrigeration plants and compressed air systems are installed, they

should be well maintained and examined at regular intervals.

2.9. Cooking and domestic appliances using heavy gases should be used only in

well ventilated spaces and care should be taken to avoid any dangerous accumulation

of gas. Cylinders containing flammable and other dangerous gases should be clearly

marked as to their contents and stowed on open decks. All valves, pressure

regulators and pipes leading from the cylinders should be protected against damage.

3. Radio installation

The radio installation must permit contact at all times with at least one coastal or

land-based station, taking into account the normal conditions for propagation of

radio waves.

4. Emergency routes and exits

4.1. Routes and exits which can be used as emergency routes and exits must be

unobstructed and easily accessible at all times and lead out as directly as possible to

the open deck or to a safe area and thence to the survival craft so that workers can

evacuate their workstations or living areas quickly and as safely as possible.

4.2. The number, distribution and dimensions of the routes and exits which can

be used as emergency routes and exits must depend on the use, equipment and

dimensions of workplaces and living areas and on the maximum potential number of

persons present. Exits which can be used as emergency exits and which are closed

must be immediately and readily operable in an emergency by any worker or by

rescue teams.

4.3. Emergency routes and exits must be indicated by signs in accordance with

the Workplace (Provision of Health and`or Safety Signs) Regulations.

4.4. Escape routes and facilities and emergency exits requiring illumination must

be provided with emergency lighting of adequate intensity in case the lighting fails.

5. Fire detection and fire fighting

5.1. Depending on the dimensions and use of the vessel, the equipment it

contains, the physical and chemical properties of the substances present and the

maximum potential number of persons present, living quarters and enclosed

workplaces, including the engine-room and the fish hold if necessary, must be

equipped with appropriate fire-fighting equipment and, as necessary, with fire

detectors and alarm systems.

5.2. Fire-fighting equipment must always be kept in its proper location,

maintained in good working order, and be available for immediate use. Workers

must be familiar with the location of fire-fighting equipment, the way it works and

how it should be used. The presence of extinguishers and other portable fire-fighting

equipment must always be checked before the vessel gets under way.

MERCHANT SHIPPING (FISHING VESSELS)

(MINIMUM SAFETY AND HEALTH REQUIREMENTS)

5.3. Manually-operated fire-fighting equipment must be easily accessible and

simple to use and must be indicated in accordance with the Workplace (Provision of

Health and,or Safety Signs) Regulations.

5.4. Fire-detection and alarm systems should be regularly tested and well

maintained.

5.5. Fire-fighting drills shall be carried out at regular intervals.

6. Ventilation of enclosed workplaces

Steps must be taken to see that there is sufficient fresh air in enclosed workplaces,

having regard to the working methods used and the physical demands placed on the

workers. If a mechanical ventilation system is used, it must be maintained in good

condition.

7. Temperature of working areas

7.1. The temperature in working areas must be adequate for the human body

during the hours of working, having regard to the work methods used, the physical

demands placed on the workers and the actual or potential weather conditions in the

area in which the vessel operates.

7.2. The temperature in living quarters, sanitary facilities, canteens and first-aid

rooms must, where those areas exist, be appropriate to the particular purpose of such

areas.

8. Natural and artificial lighting of workplaces

8.1. Workplaces must as far as possible receive sufficient natural light and be

equipped with artificial lighting suitable for the operations in hand, without placing

workers’ safety and health in danger or jeopardizing the navigation of other vessels.

8.2. Lighting installations in working areas, stairs, ladders and passageways

must be placed in such a way that the type of lighting envisaged poses no risk of

accident to workers and no hindrance to the navigation of the vessel.

8.3. Workplaces in which workers are especially exposed to risks in the event of

failure of artificial lighting must be provided with emergency lighting of adequate

intensity.

8.4. Emergency lighting must be maintained in an efficient operating condition

and be tested at regular intervals.

9. Decks, bulkheads and deckheads

9.1. Spaces accessible to workers must be non-slip or anti-slip or be provided

with devices to prevent falls and kept free of obstacles as far as possible.

9.2. Workplaces containing workstations must, in so far as possible, be

adequately soundproofed and insulated, bearing in mind the type of tasks involved

and the physical activity of workers.

9.3. The surface of decks, bulkheads and deckheads in working areas must be

such that they can be cleaned or refurbished to an appropriate standard of hygiene.

10. Doors

10.1. Means should be provided so that doors can at all times be operated from the

inside without special equipment. The doors must be operable from either side when

workplaces are in use.

10.2. Doors and in particular sliding doors, where such have to be used, must

function as safely as possible for the workers, especially in adverse weather and sea

conditions.

11. Traffic routes - danger areas

11.1. Passageways, trunks, the outer part of deckhouses and all traffic routes in

general must be equipped with guard rails, grab rails and lifelines or other means of

ensuring the safety of workers in the course of activities on board.

11.2. If there is a risk that workers may fall through openings in the deck, or from

one deck to another, adequate protection should be provided wherever possible.

11.3. Access to installations above the deck for operation or maintenance

purposes must be such as to ensure workers' safety. Guard rails or similar protective

devices of appropriate height must be provided to prevent falls.

11.4. Bulwarks or other means provided to prevent persons falling overboard must

be maintained in an efficient condition. Bulwarks must be fitted with freeing ports or

other similar devices to enable water to drain away quickly.

11.5. On stern trawlers with ramps, the ramp must be fitted with a gate or other

means of securing it of the same height as the bulwarks or other adjacent means, to

protect workers from the risk of falling into the ramp. This gate or other device must

be easily opened and closed and must be open only for casting the net or for hauling

it in.

12. Layout of workstations

12.1. Working areas must be kept clear and, as far as possible, be protected from

the sea and provide adequate protection for workers against falling on the vessel or

falling overboard. Handling areas must be sufficiently spacious, in terms of both

height and surface area.

12.2. If the engines are controlled from the engine room, they must be controlled

from a separate area, soundproofed and insulated from the engine room per se and

accessible without passing through the latter. The navigating bridge is considered to

be an area that meets the requirements of subparagraph 12.1.

12.3. The controls for the hauling gear must be installed in an area sufficiently

large to enable operators to work unhindered. The hauling gear must also have

appropriate safety devices for emergencies, including emergency stop facilities.

12.4. The hauling gear operator must have an adequate view of the hauling gear

and the workers at work. If the hauling gear is controlled from the bridge, the

operator should also have a clear view of the workers at work, either directly or via

any other suitable medium.

12.5. A reliable communications system must be used between the bridge and the

working deck.

12.6. A sharp look out should always be maintained and the crew warned of the

imminent danger of heavy oncoming seas during fishing operations or when other

work is being done on deck.

12.7. Contact with bare ropes and warps and with moving parts of the equipment

must be minimized by installing protective devices.

12.8. Controls must be installed for moving masses, particularly on trawlers

12.8.1 devices to immobilize the otter boards,

12.8.2 devices to control the swinging motion of the codend.

13. Living quarters

13.1. The workers’ living quarters, where they exist, must be such as to minimize

MERCHANT SHIPPING (FISHING VESSELS)

(MINIMUM SAFETY AND HEALTH REQUIREMENTS)

noise, vibration, the effects of motion and acceleration, and unpleasant odours from

other parts of the vessel. Appropriate lighting must be installed in the living

quarters.

13.2. The galley and mess, where they exist, should be of adequate size,

adequately lit and ventilated and easy to clean. Refrigerators or other low-

temperature food-storage equipment must be provided.

14. Sanitary facilities

On vessels with living quarters, toilets, wash-basins and, if possible, a shower

must be installed and the respective areas must be properly ventilated.

15. First aid

On all vessels first-aid equipment must be available which fulfils the requirements

of the First Schedule of the Merchant Shipping (Medical Stores) Regulations.

16. Accommodation ladders and gangways

An accommodation ladder, gangway or other similar equipment providing an

appropriate, safe means of boarding the vessel must be available.

These regulations are to apply to fishing vessels used for

commercial purposes either for catching or catching and processing

fish or other living resources from the sea.

(Regulation 8)

MINIMUM SAFETY AND HEALTH REQUIREMENTS

CONCERNING LIFE-SAVING AND SURVIVAL EQUIPMENT

Preliminary note

The obligations laid down in this Schedule apply wherever required by the

features of the workplace, the activity, the circumstances or a risk on board a vessel.

1. Vessels must carry adequate life-saving and survival equipment, including

adequate means of recovering workers from the water, and radio rescue, in particular

an emergency position-indicating radio beacon with a hydrostatic release

mechanism, taking account of the number of persons on board and the area in which

the vessel is operating.

2. All items of life-saving and survival equipment must be kept in their proper

locations, maintained in good working order and be available for immediate use.

They must be checked by the workers before the vessel leaves port and during the

voyage.

3. The life-saving and survival equipment must be inspected at regular

intervals.

4. All workers must receive proper training and appropriate instructions in

anticipation of an emergency.

5. If the length of the vessel exceeds 45 metres or if five or more workers are

carried, a muster list must be provided with clear instructions for each worker which

must be followed in case of emergency.

6. Musters of workers for survival drill should be carried out each month in

port and, or at sea. These drills must ensure that the workers thoroughly understand

and are exercised in the duties which they have to perform with respect to the

handling and operation of all life-saving and survival equipment. Workers must be

trained in the setting up and operation of the portable radio equipment, where

carried.

(1) The skipper shall carefully record in detail any

occurrences at sea which affect or could affect the safety and health

of the workers on board in the ship's log, and in the absence of such

a log in a document required for the purpose. In the event of

serious, imminent and unavoidable danger when workers leave

their workstation and, or a dangerous area, account is to be taken of

the hazards faced by such workers.

(2) The skipper shall also forward a detailed report of the

occurrence to the Authority.

(Regulation 8)

MINIMUM SAFETY AND HEALTH REQUIREMENTS

CONCERNING PERSONAL PROTECTIVE EQUIPMENT

Preliminary note

The obligations laid down in this Schedule apply whenever required by the

features of the workplace, the activity, the circumstances or a risk on board a vessel.

1. Where risks to the safety and health of workers cannot be prevented or

sufficiently limited by collective or technical means of protection, they must be

provided with personal protective equipment.

2. Personal protective equipment in the form of clothing or worn over clothing

must be in bright colours, contrasting with the marine environment and clearly

visible.

New fishing vessels shall comply with the minimum safety

and health requirements laid down in the First Schedule.

Existing fishing vessels shall comply with the minimum

safety and health requirements laid down in the Second Schedule.

Where fishing vessels undergo extensive repairs,

conversions and alterations, such extensive repairs, conversions

and alterations must comply with the relevant minimum

requirements laid down in the First Schedule.

Any vessel owner, without prejudice to the skipper’s

responsibility, is to the ensure that

(a) such owner’s vessel is used without endangering the

safety and health of workers, in particular in

foreseeable meteorological conditions;

(b) the vessel and its fittings and equipment, particularly

those referred to in the First and the Second Schedules,

are technically maintained, and that any defects found

which are likely to affect the safety and health of

workers are rectified as quickly as possible;

(c) the vessel and all fittings and equipment are cleaned

regularly in order to maintain an appropriate standard

of hygiene;

(d) an adequate quantity of suitable emergency and

survival equipment in good working order is kept on

board the vessel;

(e) the minimum safety and health requirements

concerning life-saving and survival equipment referred

to in the Third Schedule are taken into account;

(f)

without prejudice to the provisions of the Minimum

Requirements for the use of Personal Protective

Equipment at Work Regulations, the personal

protective equipment specifications given in the

Fourth Schedule are taken into account;

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[ S.234.34

(MINIMUM SAFETY AND HEALTH REQUIREMENTS)

(g) the skipper is supplied with all the means needed to

enable him to fulfill the obligations imposed upon him

by these regulations.

(1) Without prejudice to regulation 9 of the Work Place

(First Aid) Regulations, and regulation 14 of the General

Provisions for Health and Safety at Work Places Regulations,

workers and, or their representatives shall be informed of all

measures to be taken regarding safety and health on board the

fishing vessel. The information must be comprehensible to the

workers concerned.

(2) The consultation of workers and, or their representatives

and their participation in discussions on the matters covered by

these regulations and their schedules shall take place in accordance

with regulation 13 of the General Provisions for Health and Safety

at Work Places Regulations.

(3) Without prejudice to regulation 14 of the General

Provisions for Health and Safety at Work Places Regulations,

workers on the fishing vessel are to be given suitable training, in

particular in the form of precise, comprehensible instructions, on

safety and health on board vessels and on accident prevention in

particular. The training shall cover in particular fire fighting, the

use of life-saving and survival equipment and, for the workers

concerned, the use of fishing gear and hauling equipment and the

use of various types of signs including hand signals. Such training

shall be subject to the necessary updating when this is required by

changes in the activity on board.

(4) Without prejudice to regulation 6(2) of the Medical Stores

Regulations, the skipper and any other person likely to take

command of the vessel shall be given detailed training in

(a) the prevention of occupational illness and accidents on

board and the steps to be taken in the event of an

accident;

(b) stability and maintenance of the vessel under all

foreseeable conditions of loading and during fishing

operations; and

(c) radio navigation

and

communication

including

procedures.

(1) Any worker on board a sea-going fishing vessel shall

be entitled to adequate rest and shall work for a number of hours

that does not exceed

(a) fourteen hours in any twenty-four hour period;

(b) seventy-two hours in any seven-day period;

(c) a weekly average of forty-eight hours, as calculated

over a maximum reference period of twelve months.

(2) Hours of rest may be divided into no more than two periods,

one of which must be at least six hours in length and the interval

between consecutive periods of rest shall not exceed fourteen

hours.

(3)

The skipper shall have the right to require workers on board

MERCHANT SHIPPING (FISHING VESSELS)

(MINIMUM SAFETY AND HEALTH REQUIREMENTS)

to perform any hours of work necessary for the immediate safety of

the vessel, persons on board or cargo, or for the purpose of giving

assistance to other vessels or persons in distress at sea.

(4) Workers on board sea-going fishing vessels for which any

national legislation or practice determines that these vessels are not

allowed to operate in specific periods of the calendar year

exceeding one month, shall take annual leave in accordance with

the provisions of the Merchant Shipping (Hours of Work)

Regulations, within the above mentioned period.

Where a serious breach of these regulations results, any

license issued for fishing purposes may be suspended or may not be

renewed.

(1) The Minister may exempt any fishing vessel that

embodies features of a novel kind from any of the requirements of

these regulations, the application of which might seriously impede

research into the development of such features and their

incorporation in vessels. Any such vessel shall, however, comply

with safety requirements, which, in the opinion of the Minister, are

adequate for the service for which it is intended and are such as to

ensure the overall safety of the vessel.

(2) The Minister may exempt any fishing vessel engaged solely

in fishing near the coast of Malta from any of the requirements of

these regulations if he considers that their application is

unreasonable and impracticable in view of the distance of the

vessel’s operating area from its port of departure in Malta, the type

of vessel, the weather conditions and the absence of general

navigational hazards, provided that it complies with safety

requirements which, in the opinion of the Minister, are adequate for

the service for which it is intended and are such as to ensure the

overall safety of the vessel.

(3) The Minister may under conditions that he may deem fit

allow exceptions to the limits laid down in regulation 10, including

the establishment of reference periods. Such exceptions shall, as far

as possible, comply with the standards laid down in these

regulations but may take account of more frequent or longer leave

periods or the granting of compensatory leave for the workers.

Where these regulations require that the hull or machinery

of a ship shall be constructed in a particular manner, or that

particular equipment shall be provided, or that particular provisions

shall be made, the Minister shall permit the hull or machinery of

the ship to be constructed in any other manner, or any other

equipment to be provided or other provision made, if he is satisfied

by trial thereof or otherwise that such other construction,

equipment or provision is at least as effective as that required by

these regulations.

It shall be the duty of the owner, of the company which has

assumed the operation of the vessel and the skipper to ensure that

the vessel is in compliance with the provisions and requirements of

these regulations and such person, if in fault, shall be liable to a

fine (multa) not exceeding 500 units.

First aid

On all vessels first-aid equipment must be available which fulfils the requirements

of the First Schedule of the Merchant Shipping (Medical Stores) Regulations.

Accommodation ladders and gangways

An accommodation ladder, gangway or other similar equipment providing an

appropriate, safe means of boarding the vessel must be available.

Noise

All appropriate technical measures must be taken to reduce the noise level at

workplaces and in the living quarters as far as possible, taking into account the size

of the vessel.

MERCHANT SHIPPING (FISHING VESSELS)

(MINIMUM SAFETY AND HEALTH REQUIREMENTS)