| Safety Officials |
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| Introduction and Application |
 The
employer is ultimately responsible for the safety of all
persons on board ship. However immediate responsibility
for the overall safety of the ship and of those on board
rests with the Master. Under him each individual member
of the ship's crew has a duty to ensure safety in those
matters within his own control, whether supervising or
carrying out a task, or in reporting or remedying defects
which might impair safety. All the safeguards and other
facilities provided for the safety of the seafarer should
be used. The
development of the necessary degree of safety
consciousness and the achievement of high standards of
safety depend on foresight, good organization and the
whole-hearted support of management and of all members of
the crew. It is therefore important that arrangements
should exist on every ship whereby the ship's complement
can co-operate and participate in establishing and
maintaining safe working conditions. There is
considerable scope in the shipping industry for reducing
the number of deaths and injuries
resulting from accidents by improving safety in the
everyday working and leisure environment. That should be
the prime concern of the safety officials on board ship
and it is mainly to that end that the information and
guidance in this Chapter has been produced. The term
'safety official' includes Safety Officers, safety
representatives and other members of safety committees.
Merchant Shipping Regulations lay down requirements for
the appointment and duties of ships' Safety Officers (see
sections below of this Code) and safety committee and for
the election of safety representatives with specified
powers. These requirements should help to ensure that all
company policies reflect a commitment by top management
to give seafarers, as far as possible, protection at
least equivalent to that given to industry ashore. A
non-sea-going ship (excluding a passenger ship) is one
which normally remains within the seaward limit of a
harbour or, if it goes outside that limit, returns to its
port of departure within 24 hours without having called
at any other port. The operative word here is 'normally'.
A ship which occasionally visits another port would not
be subject to the Regulations; a ship spending a
significant proportion of its working time making such
voyages would fall within the Regulations. Pleasure
craft means a vessel primarily used for sport or
recreation. Any vessel which provides sport or recreation
to a fee-paying passenger is not a pleasure craft. This
is because the sport and recreation are incidental to the
main function of the vessel which is earning an income
for its owner. Such a ship is primarily used for
business. In addition
to the general exclusions, Regulation permits the
Secretary of State to grant ad hoc exemptions to specific
ships or classes of ships subject to any relevant special
conditions. This is to allow different arrangements to be
made in cases where the requirements of the Regulations
would be difficult to apply. An example might be a
multi-crew ship with alternate crews working on a regular
shift basis. In considering any request for exemption,
the Department of Transport would require to be satisfied
that alternative arrangements existed, and would make it
a condition of the exemption that these were continued. Parts of
this Chapter will be found helpful to persons who are not
safety officials. For example the advice on investigating
accidents may also be useful on ships which are not
required to have Safety Officers under Merchant Shipping
legislation. Likewise officers and ratings in a ship with
a Safety Officer can refer (in sections "Election of
Safety Representatives" and "Advice
to Safety Representatives") to the statutory
conditions for electing their safety representatives and
the powers which the elected representatives hold. |
| Appointment of Safety Officers |
| The
employer, who is defined as the person employing the
Master, is required to appoint a Safety Officer on board
every ship to which the Regulations apply. The employer
may or may not be the owner of the ship. It is
important that the employer chooses the right person for
Safety Officer. He is the adviser aboard the ship and can
be an invaluable assistant to management in meeting the
statutory responsibilities for occupational safety. He
should be interested in occupational safety, in
undertaking the appointment and should have attended a
suitable Safety Officer's training course. If it is
decided to appoint an officer as the Safety Officer by
virtue of his position on board ship, he is more likely
to perform well when management is clearly committed to
occupational safety and recognizes the importance of the
Safety Officer's role and that the Safety Officer's
duties have to be performed in addition to another job -
usually as a watchkeeping officer. Although not
prohibited by the Regulations the appointment of the
Master as the Safety Officer is not generally advisable.
This is because the Safety Officer is required amongst
his other duties to make representations and
recommendations on occupational safety to the Master. If possible
the employer should avoid appointing as Safety Officer
anyone to whom the Master delegates the task of giving
medical treatment. This is because the Safety Officer is
statutorily charged with the task of investigating
accidents, and will have investigative functions to
perform at the scene of an accident to which he may not
be able to give proper attention if he is also
ministering to the medical needs of the casualties. The
Master must record the appointment of a Safety Officer in
the official logbook. |
| Election of Safety Representatives |
| These
are elected by the crew and, subject to the Regulations
anyone is eligible. The Regulations specify that no
Safety representative may have less than 2 years
consecutive sea service since attaining the age of 18,
which in the case of a safety representative on board a
tanker shall include at least 6 months service on such a
ship. An employer
must make rules for the election of safety
representatives and cannot disqualify particular persons.
It is recommended that the employer should consult with
any seafarers' organization representing his employees
when making these rules for elections. Under these
Regulations the Master must organize an election of a
safety representative within 3 days of being requested to
do so by any 2 persons entitled to vote in such an
election. Every safety
representative has a statutory right to be a member of
the safety committee which must be formed, if not already
in existence, as soon as a safety representative is
elected. The number
of safety representatives who can be elected varies
according to the size of the crew as follows: 6-15 crew -> 1 elected by officers and ratings together. 16 +1 crew -> 1 elected by the officers and 1 elected by the ratings. Over 30 ratings -> 1 elected by the officers and 3 by the ratings (i.e. one each from the Deck, Engine Room and Catering Departments, general purpose ratings being included in the deck department) . The Master
must record the election of every safety representative
in the official logbook. |
| Safety Committees |
| In all
ships to which the Regulations apply, it is desirable for
the Master to establish a safety committee. However, a
statutory requirement for a safety committee only exists
on those ships where safety representatives are elected. The
composition of a safety committee is laid down in the
Regulations but this does not preclude the appointment of
others as committee members nor the appointment of
temporary members from time to time. Whenever possible, a
company's shore manager with responsibility for safety
should attend safety committee meetings on board ship and
should in any event require to see the committee's
minutes. On short-haul ferries on which different crews
work a shift system a scheme of alternate committee
members may be adopted to secure proper representation. Where large
numbers of personnel work in separate departments (e.g.
passenger ship galleys and restaurants), departmental
sub-committees should be formed on lines similar to those
of the main committee and under the chairmanship of a
senior member of the department who should serve as a
member of the main safety committee in order to report
the views of the sub-committee. The ship's
safety committee should include the Master, the Safety
Officer and every safety representative elected in
accordance with the rules described in section above. The Master
must record the appointment of a safety committee in the
official logbook. He should occupy the position of
committee chairman since he has overall responsibility on
board for safety and has the necessary authority. It is
preferable to appoint as Secretary a person who is not a
safety official, as officials need to concentrate on the
discussion rather than on recording it. Other
committee members should include the Safety Officer,
every safety representative and other persons necessary
for the proper conduct of the business (e.g. Chief
Officer, Chief Engineer or Catering Officer). Care should
be taken to keep the committee sufficiently compact to
maintain interest and to enable it to function
efficiently. The
frequency of meetings will be determined by circumstances
but a frequency of about every 4-6 weeks should suffice.
An interval between meetings of much longer than 6 weeks
may suggest inertia and an ineffective safety committee. An agenda
(together with any associated documents and papers, and
the minutes of the previous meeting) should be circulated
to all committee members in sufficient time to enable
them to digest the contents and to undertake any
necessary preparatory work before the meeting. If there is
a particularly long agenda, consideration should be given
to holding two meetings in fairly quick succession rather
than one long marathon. If two meetings are held,
priority at the first meeting should, of course, be given
to the more important or urgent matters. The first
item on the agenda should always be the minutes of the
previous meeting. This allows any corrections to the
minutes to be recorded and gives the opportunity to
report any follow-up action taken. The last
item but one should be any other business. This enables
last minute items to be introduced, and prevents the
written agenda being a stop on discussion. The last
item on the agenda should be the date, time and place of
the next meeting. Minutes of
each meeting should record concisely the business
discussed and conclusions reached. A copy should be
provided to each committee member. Normally, they should
be agreed as a true record at the next meeting, or
amended if necessary, under the first item of the agenda. A minutes
file or book should be maintained, together with a
summary of recommendations recording conclusions reached,
in order to provide a permanent source of reference and
so ensuring continuity should there be changes in the
personnel serving on the committee. The ship's
complement should be kept informed on matters of interest
which have been discussed by summaries or extracts from
the minutes posted on the ship's notice board.
Suggestions may be stimulated by similarly posting the
agenda in advance of meetings. Relevant
extracts of agreed minutes should be forwarded through
the Master to the Company even though certain matters
there-in may have been already taken up with them. |
| Termination of Appointments |
| A Safety
Officer's appointment terminates as soon as he ceases to
be employed in the particular ship or the employer
terminates the particular appointment. The Regulations
make no provisions for a Safety Officer to resign his
appointment. It is, however, to be hoped that an employer
would not continue an appointment just because the person
concerned occupied a particular position on the ship,
especially if there were a more suitable and perhaps
willing person available. A safety
representative cannot have his appointment terminated by
the employer or Master. He can resign or the crew can
elect another in his place. Otherwise he remains a safety
representative for as long as he serves on the ship. A safety
committee may be disbanded only when there is no longer
an elected safety representative on board. A safety
committee can, however, operate whether or not there is
an elected safety representative. |
| Advice to Safety Officer |
| The
Safety Officer is required by the Regulations to try to
ensure compliance with the provisions of this Code and of
the employer's occupational health and safety policy; and
to investigate notifiable accidents to persons on board
ship or during access, as well as every dangerous
occurrence and all potential hazards to occupational
health and safety, and to make recommendations to the
Master. He also has other specific statutory duties which
are listed in paragraphs below. The Safety
Officer is required to investigate all complaints by crew
members about occupational health and safety unless he
has reason to believe that a complaint is of a frivolous
or vexatious nature. The
Regulations require him to carry out occupational health
and safety inspections of each accessible part of the
ship at least once every three months, or more frequently
if there have been substantial changes in the conditions
of work. For guidance on this duty see paragraph
"Advice to Safety Officer". He also has
to make representations and, where appropriate,
recommendations to the Master and through him to the
employer about any deficiency in the ship in respect of
legislative requirements relating to occupational health
and safety, relevant Merchant Shipping Notices and the
provisions of this Code. The Safety
Officer is required to ensure that safety instructions,
rules and guidance are complied with. These include the
requirements and guidance referred to in the previous
paragraph. He is
required to maintain a record book describing all the
circumstances and detail of all accidents and dangerous
occurrences. The Safety
Officer is also required to stop any work which he
reasonably believes may cause a serious accident and
immediately to inform the Master (or his deputy) who is
responsible for deciding when work can safely be resumed. Finally, he
has a duty to carry out any occupational health or safety
investigations or inspections required by the safety
committee. However the
Safety Officer is not required by these Regulations to
take any of the actions described in previous paragraphs
at a time when emergency
action to safeguard life or the ship is being taken. In carrying
out the statutory duties described in previous paragraphs
the Safety Officer should be on the lookout for any
potential hazards and the means of preventing accidents.
He should try to develop and sustain a high level of
safety consciousness among the crew so that individuals
work and react instinctively in a safe manner and have
full regard to the safety not only of themselves but also
of others. He should aim to become the ship's adviser on
occupational safety to whom the Master, officers and
ratings alike will naturally turn for advice or help on
safe working procedures aboard ship. Example is
of prime importance and must be set from the top. If a
Safety Officer feels that a ship's officer is not setting
a good example a direct approach to that officer
suggesting that he mend his ways is often the best course
of action, if this fails or is not considered to be
appropriate then the Safety Officer might use the safety
committee to raise occupational safety as a general topic
using examples of dangerous or unsafe practices in the
area of the officer concerned. As a last resort the
Safety Officer might consider an approach to the Master
to use his influence with the officer concerned. It is
essential that everyone joining the ship understands the
safety regime from the start. Although the employer
should have provided each new employee with a copy of the
company's safety policy, the Safety Officer should
satisfy himself that each new entrant is informed as soon
as possible after he boards, either by his supervisor or
by the Safety Officer, of the occupational safety
arrangements and the importance attached to them. The
induction should include an introduction to the various
departments of the ship in company with the Safety
Officer or other responsible person, during which
particular hazards could be pointed out. Finally, the
Safety Officer should ensure that a responsible officer
or Petty Officer has, wherever possible, made
arrangements for a young new entrant to work with a crew
member who is himself thoroughly safety conscious and
preferably willing to teach safety at the same time as he
displays it. Every effort should be made to see that a
new entrant does not work with a person whose attitude to
safety is casual or slap-dash. Older hands coming on
board for the first time should be reminded of the need
to maintain a high level of safety consciousness and of
the importance of setting a good example to the less
experienced crew member. The Safety
Officer is required to inspect each accessible part of
the ship at least every three months, or more frequently
if there have been substantial changes in the conditions
of work. The Regulations do not define what is meant by
'accessible' or 'substantial changes in the conditions of
work'. However, for practical purposes 'accessible'
should be taken as meaning all those parts of the ship to
which any member of the crew has access without prior
authority. Deciding whether 'substantial changes in the
conditions of work have taken place is a matter of
judgement. Changes are not limited to physical matters
such as new machinery but can also include changes in
working practices or the presence of possible new
hazards. The Safety Officer is required to keep a record
of all inspections. The
Regulations do not require the Safety Officer to carry
out a complete inspection of the ship at one time, only
that he inspects each accessible part of the ship every 3
months. Sometimes an inspection of the whole ship at one
time would take far too long, and could result in a lack
of thoroughness and neglect of his other duties. It is
also much easier to get quick and effective action on
recommendations arising out of an inspection of one
section than of the whole ship. When inspecting a section
for which an officer or Petty Officer is responsible the
Safety Officer should be accompanied by that Officer. Before an
inspection, the safety officer should read the previous
reports of inspections of the particular section, the
recommendations made and the subsequent action taken. He
should note any recurring problems and, in particular,
recommendations for action which have not been put into
effect. It is important, however, that the safety officer
should not allow previous inspections to prejudice a
forthcoming inspection. It is not
possible to give a definite checklist of everything to
look for but safe access, the environment and working
conditions are major items. The
following are examples of questions the Safety Officer
should consider in respect of access and safe movement: - Are means of access, if any, to the area under inspection (particularly ladders and stairs), in a safe condition, well lit and unobstructed? - If any means of access is in a dangerous condition, for instance when a ladder has been removed, is the danger suitably blocked off and warning notices posted? - Is access through the area under inspection both for transit and working purposes clearly marked, well lit, unobstructed and safe? - Are fixtures and fittings over which seamen might trip or which project, particularly overhead, thereby causing potential hazards, suitably painted or marked? - Is any gear, which has to be stowed within the area, suitably secured? - Are all guard-rails in place, secure and in good condition? - Are all openings through which a person could fall, suitably fenced? - If portable ladders are in use, are they properly secured and at a safe angle? The
following questions are examples relating to the
environment:- Is the area safe to enter? - Are lighting levels adequate? - Is the area clear of rubbish, combustible material, spilled oil etc.? - Is ventilation adequate? - Are members of the crew adequately protected from exposure to noise when necessary? - Are dangerous goods or substances left unnecessarily in the area or stored in a dangerous manner? - Are loose tools, stores and similar items left lying around unnecessarily? On working
conditions the following examples may be appropriate:- Is machinery adequately guarded where necessary? - Are any necessary safe operating instructions clearly displayed? - Are any necessary safety signs clearly displayed? - Are permits-to-work used when necessary? - Are crew working in the area wearing any necessary protective clothing and equipment? - Is that protective clothing and equipment in good condition and being correctly used? - Is there any evidence of defective plant or equipment and if so what is being done about it? - Is the level of supervision adequate, particularly for inexperienced crew? - What practicable occupational safety improvements could be made? Finally here
are some other matters the Officer will find relevant:- Are all statutory regulations and company safety procedures being complied with? - Is the safety advice in publications such as this Code, Merchant Shipping Notices etc. being followed where possible? - Have the crew in the area any safety suggestions to make? - Have any faults identified in previous inspections been rectified? The Safety
Officer's role should be a positive one in that he should
seek to initiate or develop safety measures before an
accident occurs rather than afterwards. In addition to
the specific statutory duties he should advise the Master
on all matters of safe working practice and assist him in
the elimination of accidents and injuries on board ship.
For example he should provide a channel by which
suggestions for improving safety may be transmitted from
seagoing personnel to management. In carrying
out the functions referred to above, the Safety Officer
should, with the approval of or at the direction of the
Master:(a) Arrange the distribution of booklets, leaflets and similar advisory and informative material concerning safety matters; (b) supervise the display of posters and notices and their replacement or renewal in due time; (c) arrange for the showing of films of safety publicity and, where appropriate, organize subsequent discussions on the subjects depicted; (d) encourage members of the crew to submit ideas and suggestions for improving safety and enlist their support for any proposed safety measures which may affect them (the person making a suggestion should always be informed of decisions reached and any action taken); (e) consider any other ways of creating and maintaining interest in improving safety; (f) receive and draw attention as appropriate to relevant shipping legislation, Merchant Shipping Notices and company and ship's rules and instructions relating to safety of work about the ship. Special regard should be had for persons new on the ship and their attention should always be drawn to any special hazards on the ship. It is very
important that the Safety Officer maintains a good
relationship with safety representatives and works in
close liaison with them. A good Safety Officer will
automatically invite the safety representative to join
him in inspecting part of the ship or investigating an
accident. He will, whenever possible, consult the safety
representative and draw him into discussions about
occupational safety matters and arrangements. The safety
representative should be able to consult the Safety
Officer with the minimum of delay and to expect a
considered and reasoned response to any representations.
The Safety Officer should associate the safety
representative with any follow-up action he may take on
the basis of the safety representative's recommendations. The Safety
Officer's relationship with the safety committee is
rather different since he is both a member of the
committee and also to some extent subject to its
direction. A committee has the right to inspect any of
the records which a safety officer is required by law to
keep, and has the power to require the Safety Officer to
carry out any occupational health or safety inspections
considered necessary. The Safety Officer should not,
generally, be appointed secretary to the safety committee
as he needs to concentrate upon the discussion and advise
the Master. The Safety
Officer, but not the safety representative, has the power
to stop any work, which he believes may cause a serious
accident. He must immediately report the stoppage to the
Master or his deputy who then has the responsibility for
deciding if and when the work should recommence and on
what conditions. The Safety Officer may not stop emergency action to safeguard
life even though that action may itself involve a risk to
life. One of the
specific duties laid upon Safety Officers is to make
representations to the Master and through him to the
employer about deficiencies on the ship in respect of any
legislative requirement relating to occupational safety
or health. In order to fulfill this function properly the
Safety Officer must be fully conversant with the
appropriate regulations. The introduction of new
regulations or of amendments to existing regulations will
be announced in Merchant Shipping Notices. A Safety
Officer should not be deterred by the possibility of
liability for damages in civil cases arising out of
injuries suffered as a result of accidents. The duties
placed upon him are limited. If a Safety Officer had
carried out the required inspections in a reasonable
manner and had reported any revealed breaches of
occupational safety provisions to the Master, and through
him to the employer, the Safety Officer's legal
responsibility in regard to any such breaches would be
extinguished. The onus for compliance with the statutory
provisions would remain with the person on whom the
obligation to comply is placed in the relevant statutory
instrument. The Department has been advised that no
action for damages would be likely to succeed where a
Safety Officer can show that he took all reasonable steps
to fulfill his duties. |
Advice to Safety Representatives Advice to Safety Committees Accident Investigation |
