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

ARRANGEMENT OF REGULATIONS

PART I

Interpretation and General

PART II

General Safety and Health Provisions

FIRST SCHEDULE

Requirements for New Fishing Vessels

SECOND SCHEDULE

Requirements FOR Existing Fishing Vessels

THIRD SCHEDULE

Requirements for Life-Saving and Survival Equipment

FOURTH SCHEDULE

Requirements Concerning Personal Protective Equipment

FIFTH SCHEDULE

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

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

I, TOM KITT, Minister of State at the Department of Enterprise, Trade and Employment, in exercise of the powers conferred on me by section 28 of the Safety, Health and Welfare at Work Act, 1989 (No. 7 of 1989), in relation to the matters set out in paragraphs (1), (2) to (16), (19), (20), (22), (23), (25) to (30), (32) and (35) to (37) of the Fourth Schedule to that Act, and by section 32 of the said Act as regards Regulation 9 of these regulations, as adapted by the Labour (Transfer of Departmental Administration and Ministerial Functions) Order, 1993 ( S.I. No. 18 of 1993 ), and the Enterprise and Employment (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No. 305 of 1997 ) and the Enterprise, Trade and Employment Delegation of Ministerial Functions) (No. 2) Order, 1997 ( S.I. No. 330 of 1997 ), with the consent of the Minister for Finance, and after consultation with the Minister for Marine and Natural Resources and the National Authority for Occupational Safety and Health, and for the purpose of giving effect to Council Directive 93/103/EC of 23 November 1993¹ hereby make the following regulations:

PART I

Interpretation and General

Citation.

1. These Regulations may be cited as the Safety, Health and Welfare at Work (Fishing Vessels) Regulations, 1999.

Interpretation.

2. (1) In these Regulations—

“the Act” means the Safety, Health and Welfare at Work Act, 1989 (No. 7 of 1989);

“existing fishing vessel” means any fishing vessel with a length between perpendiculars of 18 metres or over and which is not a new vessel;

“fishing vessel” means a fishing boat within the meaning of the Merchant Shipping (Registry, Lettering and Numbering of Fishing Boats) Regulations, 1998 ( S.I. No. 294 of 1998 );

“master” means the master, or other person for the time being in charge of a vessel other than a pilot;

“new fishing vessel” means a fishing vessel with a length between perpendiculars of 15 metres or over and

(a) in relation to which a building or major conversion contract is placed on or after 23rd day of November 1995;

or

(b) in relation to which a building or major conversion contract has been placed before that date and which is delivered three or more years after that date;

or

(c) in case a building or major conversion contract has not been placed in relation to it after that date, on or after that date

(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 the lesser;

“Owner” means, in relation to a vessel—

(a) the registered owner of the vessel (other than a vessel to which paragraph (b) of this definition applies), or

(b) in case the vessel—

(i) has been chartered by demise, or

(ii) is managed, either wholly or in part, by a person other than the registered owner under the terms of a management agreement, the demise charterer or, as the case may be, the person managing the vessel, who employs the workers concerned;

“the Principal Regulations” means the Safety, Health and Welfare at Work (General Application) Regulations, 1993 ( S.I. No. 44 of 1993 );

“the Signs Regulations” means the Safety, Health and Welfare at Work (Signs) Regulations, 1995 ( S.I. No. 132 of 1995 );

“vessel” means any new or existing fishing vessel;

“worker” means any person carrying out an occupation on board a vessel, whether as an employee or self-employed person, including trainees and apprentices but excluding shore personnel carrying out work on board a vessel at the quayside and port pilots.

(2) In these Regulations a reference to a paragraph is to a paragraph in the Regulation in which the reference occurs, unless it is indicated that reference to some other Regulation is intended, and a reference to a Regulation or a Schedule is to a Regulation of, or a Schedule to, these Regulations, unless it is indicated that reference to some other Regulations or Schedule is intended.

(3) A word or expression that is used in these Regulations and is also used in Council Directive 93/103/EC of 23 November 1993² has, unless the contrary intention appears, the same meaning in these Regulations as it has in that Directive.

Application.

3. (1) The provisions of these Regulations shall apply to every vessel without prejudice to the Merchant Shipping (Fire Appliances) Rules, 1967 ( S.I. No. 101 of 1967 ), the Merchant Shipping (Life Saving Appliance) Rules, 1967 ( S.I. No. 100 of 1967 ), the Fishing Vessel (Radio Installations) Regulations, 1998 ( S.I. No. 544 of 1998 ), and the Fishing Vessel (Radio Installations Survey) Regulations, 1999 ( S.I. No. 40 of 1999 ).

(2) The provisions of Regulations 2, 4 and Part II of the Principal Regulations shall apply in full to these Regulations.

(3) The requirements of the Schedules shall apply whenever required by the features of the place of work, the work activity carried on and the circumstances or the hazards prevailing in relation to any such work activity.

(4) These Regulations shall not apply to any worker who primarily works on shore, while working on a vessel when it is berthed at a quayside or to port pilots.

PART II

General Safety and Health Provisions

Duties of Owners.

4. It shall be the duty of every owner of a vessel—

(a) to ensure that the vessel is used in such a way that workers are not exposed to risks to their safety or health at work taking account, in particular, of the sea area meteorological forecast for the time being in respect of the geographical area in which the vessel is operating and without prejudice to any decision taken by the master as regards the safety or health at work of workers;

(b) when a worker leaves his or her place of work in the event of serious, imminent and unavoidable danger, to take account of the risks to the safety or health at work of other workers;

(c) to ensure that a new fishing vessel satisfies the requirements of the First Schedule;

(d) to ensure that on and from the 23rd day of November 2002 an existing fishing vessel satisfies the requirements of the Second Schedule;

(e) to ensure that, when vessels undergo extensive repairs, conversions or alterations on or after 23rd November 1995, those repairs, conversions or alterations are carried out in such a manner as will ensure that the vessel, on completion of the repairs, conversions or alterations satisfies the requirements of the First Schedule;

(f) to ensure that without prejudice to any decision taken by the master as regards the safety and health at work of persons on board—

(i) the vessel and its fittings and equipment, with particular reference to those set out in the First and Second Schedules, are adequately maintained and that any defects which are likely to affect the safety or health at work of workers are rectified as quickly as possible,

(ii) the vessel and its fittings and equipment are cleaned regularly so as to maintain an appropriate standard of hygiene, having regard to all the circumstances,

(iii) an adequate quantity of suitable emergency and survival equipment is kept on board the vessel and is maintained in good working order,

(iv) account is taken of the requirements concerning life-saving and survival equipment set out in the Third Schedule,

(v) without prejudice to the provisions of Part V of the Principal Regulations, account is taken of the requirements concerning personal protective equipment set out in the Fourth Schedule, and

(vi) the master has the necessary means to ensure that the requirements of these Regulations are complied with.

Information.

5. It shall be the duty of every employer in providing information in accordance with Part II of the Principal Regulations to his or her workers or their safety representative, to ensure that such information includes information on the measures to be taken concerning their safety and health in accordance with Regulation 4 and that such information is comprehensible to the employees concerned.

Training and Instruction.

6. It shall be the duty of every employer in providing training to his or her workers, in accordance with Part II of the Principal Regulations, to ensure that—

(a) such training includes adequate training on safety and health at work on board vessels and on accident prevention, fire fighting, the use of life-saving and survival equipment, and, in the case of the workers concerned, the use of fishing gear and hauling equipment, and the use of appropriate signs, including hand signals;

(b) such training contains appropriate precise and comprehensible instructions and is updated where this is required by changes in the activities on board;

(c) without prejudice to the provisions of the European Communities (Minimum Safety and Health Requirements for Improved Medical Treatment on Board Vessels) Regulations, 1997 ( S.I. No. 506 of 1997 ), and to the Fishing Vessels (Certification of Deck Officers and Engineer Officers) Regulations, 1988 ( S.I. No. 289 of 1988 ), any person likely to command a vessel shall be given training in relation to—

(i) the prevention of occupational illness and accidents on board the vessel and steps to be taken in the event of such an illness or accident,

(ii) the stability and the maintenance of the vessel under all foreseeable conditions of loading and during fishing operations, and

(iii) radio navigation and communication, including procedures related thereto.

Consultation and Participation.

7. It shall be the duty of every employer as regards consultation of workers and their safety representative and balanced participation as required under Regulation 12 of the Principal Regulations, to ensure that such consultation and participation includes consultation and participation in relation to the provisions of these Regulations and the Schedule thereto.

Amendment of Principal Regulations.

8. The Twelfth Schedule to the Principal Regulations is hereby amended by the addition of the following paragraph—

“Occurrence on a fishing vessel

17. Any dangerous occurrence at sea on a vessel, being a vessel within the meaning of the Safety, Health and Welfare at Work (Fishing Vessels) Regulations, 1999, which affects the safety or health at work of an employee or of a self-employed person on the vessel.”.

Enforcing Agency.

9. The Minister for the Marine and Natural Resources is hereby prescribed to be the enforcing agency in lieu of the Authority for the enforcement of—

(a) the provisions of these Regulations to the extent that they relate to the provisions of the First, Second and Third Schedules to these Regulations specified in the Fifth Schedule to these Regulations;

(b) the provisions of the First, Second and Third Schedules to these Regulations as so specified;

(c) those provisions of the Act and any statutory instrument made thereunder in so far as they relate to these Regulations as aforesaid and the provisions of the First, Second and Third Schedules to these Regulations as so specified,

to the same extent as each of the said provisions would apply if the Authority were the enforcing agency in respect of them.

FIRST SCHEDULE

Requirements for New Fishing Vessels

Regulation 4

1. (1) The vessel shall be maintained in a seaworthy condition and be properly equipped in a manner appropriate to its purpose and use.

(2) Information on the vessel's stability shall be available on board and shall be accessible to persons on watch.

(3) The vessel shall be sufficiently stable when intact in the conditions of service for which it is intended.

(4) The master shall take such precautionary measures as are necessary to maintain adequate stability of the vessel.

(5) Instructions supplied by the owner, or shipbuilder concerning the vessel's stability shall be observed in all respects.

2. (1) Electrical installations shall be designed and constructed so as not to present any danger and so as to ensure:

(a) protection for workers and the vessel from electrical hazards,

(b) the proper functioning of all equipment necessary to maintain the vessel in normal operational and living conditions without recourse to an emergency power supply, and

(c) the operation of electrical equipment essential for safety in all emergencies.

(2) An emergency electrical power source shall be provided which, except in open vessels, shall be located outside the engine room and shall, in all cases, be arranged so as to ensure, for at least three hours, in the event of fire or other failure of the main electrical installation, the simultaneous functioning of:

(a) the internal communication system, fire detectors and emergency signals,

(b) the navigation lights and emergency lighting,

(c) the radio installation, and

(d) the emergency electrical fire pump where present.

(3) Where the emergency electrical power source is an accumulator battery and the main electrical power source fails, the accumulator battery shall be automatically connected to the emergency electrical switchboard and supply power for an uninterrupted period of three hours to the systems referred to in clauses (a), (b) and (c) of subparagraph (2).

(4) The main electrical switchboard and the emergency switchboard shall, to the extent possible, be installed in such a way that they cannot be simultaneously exposed to water or fire.

(5) Switchboards shall be clearly marked and fuse boxes and fuse holders shall be checked at regular intervals to ensure that the correct rating of fuse is being used.

(6) Compartments housing electrical storage batteries shall be adequately ventilated.

(7) Electronic aids to navigation shall be tested frequently and be well maintained.

(8) All equipment used in hoisting shall be tested and examined at regular intervals.

(9) All parts of hauling gear, hoisting gear and related equipment shall be maintained in good repair and working order.

(10) Where refrigeration plants and compressed air systems are installed they shall be well maintained and examined at regular intervals.

(11) Cooking and domestic appliances using heavy gases shall be used only in well ventilated spaces and care shall be taken to avoid any dangerous accumulation of gas.

(12) Cylinders containing flammable and other dangerous gases shall be clearly marked as to their contents, be stowed on open decks, and all valves, pressure regulators and pipes leading from the cylinders shall be protected against damage.

3. The radio installation shall 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. (1) Emergency routes and exits shall be unobstructed and easily accessible at all times and lead by the most direct means 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.

(2) The number, distribution and dimensions of the emergency routes and exits shall depend on the use, equipment and dimensions of the place of work and living areas and on the maximum number of persons that are likely to be present.

(3) Emergency exits which are closed shall be immediately and readily operable in an emergency by any person on board or by rescue teams.

(4) Emergency doors and other emergency exits shall be adequately weatherproof and watertight for their location and particular function and shall be as fire-resistant as the bulkheads.

(5) Emergency routes and exits shall be indicated by signs in accordance with the provisions of the Signs Regulations and such signs shall be placed at appropriate points and be of a durable nature.

(6) Escape routes and facilities and emergency exits requiring illumination shall be provided with emergency lighting of adequate intensity in case the lighting fails.

5. (1) The living quarters and enclosed places of work, including the engine-room and the fish hold if necessary, shall, taking account of the dimensions and use of the vessel, the equipment it contains, the physical and chemical properties of the substances present and the maximum number of persons that are likely to be present, be equipped with appropriate fire-fighting equipment and, as necessary, with fire detectors and alarm systems.

(2) At all times fire-fighting equipment shall be kept in its proper location, maintained in good working order, and be available for immediate use.

(3) Persons on board shall be made conversant with the locations of fire-fighting equipment, the way it works and how it should be used.

(4) The presence of extinguishers and other portable fire-fighting equipment shall be checked prior to each occasion of the vessel being navigated.

(5) Manually-operated fire-fighting equipment shall be easily accessible and simple to use and must be indicated by signs in accordance with the Signs Regulations and such signs shall be placed at appropriate points and be of a durable nature.

(6) Fire-detection and alarm systems shall be tested at regular intervals and be properly maintained.

(7) Fire-fighting drills shall be carried out at regular intervals.

6. (1) Sufficient fresh air shall be provided in enclosed workplaces, having regard to the working methods used and the physical demands placed on workers.

(2) If a forced ventilation system is used, it shall be maintained in working order.

7. (1) The temperature in working areas shall be adequate for the human body during the hours of working, having regard to the work methods used, the physical demands placed on workers and the actual or potential weather conditions in the area in which the vessel operates.

(2) The temperature in living quarters, sanitary facilities, canteens and first-aid rooms shall, where those areas exist, be appropriate to the particular purpose of such areas.

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

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

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

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

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

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

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

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

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

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

(2) If there is a risk that workers can fall through openings in the deck, or from one deck to another, adequate protection shall be provided wherever possible and where guard rails provide such protection, they shall be at least one metre high.

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

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

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

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

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

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

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

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

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

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

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

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

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

(a) devices to immobilise the otter boards, and

(b) devices to control the swinging motion of the codend.

13. (1) The location, structure, soundproofing, means of insulation and layout of the living quarters and facilities on board, where these exist, and means of access thereto shall 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 workers during their period of rest.

(2) Where the design, dimensions or the purpose of the vessel allow, the living quarters on board shall be located so as to minimise the effects of motion and acceleration.

(3) Appropriate measures shall be taken as far as possible to protect non-smokers from discomfort caused by tobacco smoke.

(4) The living quarters on board shall be properly ventilated so as to ensure a constant supply of fresh air and to prevent condensation.

(5) Appropriate lighting shall be provided in the living quarters, including—

(a) adequate normal general lighting

(b) reduced general lighting to avoid disturbing persons on board who are resting, and

(c) local lighting in each berth.

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

14. (1) On vessels with living quarters, shower facilities with hot and cold running water, wash-basins and toilets shall be provided and properly equipped and installed and the areas in which each of those facilities are provided shall be properly ventilated.

(2) Every worker shall have the use of a place in which to keep clothes.

15. On all vessels first-aid equipment shall be provided in accordance with the requirements of the European Communities (Minimum Safety and Health Requirements for Improved Medical Treatment on Board Vessels) Regulations, 1997 ( S.I. No. 506 of 1997 ).

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

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

SECOND SCHEDULE

Requirements for Existing Fishing Vessels

Regulation 4

1. (1) The vessel shall be maintained in a seaworthy condition and be properly equipped appropriate to its purpose and use.

(2) Where it exists, information on the vessel's stability shall be available on board and shall be accessible to persons on watch.

(3) All vessels shall be sufficiently stable when intact in the conditions of service for which they are intended.

(4) The master shall take such precautionary measures as are necessary to maintain adequate stability of the vessel.

(5) Instructions supplied concerning the vessel's stability shall be observed in all respects.

2. (1) Electrical installations shall be designed and constructed so as not to present any danger and so as to ensure—

(a) protection for workers and the vessel from electrical risks,

(b) the proper functioning of all equipment necessary to maintain the vessel in normal operational and living conditions without recourse to an emergency power supply, and

(c) the operation of electrical equipment essential for safety in all emergencies.

(2) An emergency electrical power source shall be provided which, except in open vessels, shall be located outside the engine room and in all cases be arranged so as to ensure, for at least three hours, in the event of fire or other failure of the main electrical installation, the simultaneous functioning of—

(a) the internal communication system, fire detectors, and emergency signals,

(b) the navigation lights and emergency lighting,

(c) the radio installation, and

(d) the emergency electrical fire pump where present.

(3) Where the emergency electrical power source is an accumulator battery and the main electrical power source fails, the accumulator battery shall be automatically connected to the emergency electrical switchboard and supply power for an uninterrupted period of three hours to the systems referred to in clauses (a), (b) and (c) of subparagraph (2).

(4) The main electrical switchboard and the emergency switchboard shall, to the extent possible, be installed in such a way that they cannot be simultaneously exposed to water or fire.

(5) Switchboards shall be clearly marked and fuse boxes and fuse holders shall be checked at regular intervals to ensure that the correct rating of fuse is being used.

(6) Compartments housing electrical storage batteries shall be adequately ventilated.

(7) Electronic aids to navigation shall be tested frequently and well maintained.

(8) All equipment used in hoisting shall be tested and examined at regular intervals.

(9) All parts of hauling gear, hoisting gear and related equipment shall be maintained in good repair and working order.

(10) Where refrigeration plants and compressed air systems are installed, they shall be well maintained and examined at regular intervals.

(11) Cooking and domestic appliances using heavy gases shall be used only in well ventilated spaces and care shall be taken to avoid any dangerous accumulation of gas.

(12) Cylinders containing flammable and other dangerous gases shall be clearly marked as to their contents, be stowed on open decks and all valves, pressure regulators and pipes leading from the cylinders shall be protected against damage.

3. The radio installation shall 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. (1) Emergency routes and exits shall be unobstructed and easily accessible at all times and lead out by the most direct means 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.

(2) The number, distribution and dimensions of emergency routes and exits shall depend on the use, equipment and dimensions of workplaces and living areas and on the maximum potential number of persons that are likely to be present.

(3) Emergency exits which are closed shall be immediately and readily operable in an emergency by an person on board or by rescue teams.

(4) Emergency routes and exits shall be indicated by signs in accordance with the Signs Regulations and such signs shall be placed at appropriate points and be of a durable nature.

(5) Escape routes and facilities and emergency exits requiring illumination shall be provided with emergency lighting of adequate intensity in case the lighting fails.

5. (1) The living quarters and enclosed places of work, including the engine-room and fish hold if necessary, shall, taking account of the dimensions and use of the vessel, the equipment it contains, the physical and chemical properties of the substances present and the maximum number of persons that are likely to be present, be equipped with appropriate fire-fighting equipment and, as necessary, with fire detectors and alarm systems.

(2) At all times fire-fighting equipment shall be kept in its proper location, maintained in good working order, and be available for immediate use.

(3) Persons on board shall be made conversant with the location of fire-fighting equipment, the way it works and how it should be used.

(4) The presence of extinguishers and other portable fire-fighting equipment shall be checked prior to each occasion of the vessel being navigated.

(5) Manually-operated fire-fighting equipment shall be easily accessible and simple to use and shall be indicated by signs in accordance with the Signs Regulations and such signs shall be placed at appropriate points and be of a durable nature.

(6) Fire-detection and alarm systems shall be tested at regular intervals and be properly maintained.

(7) Fire-fighting drills shall be carried out at regular intervals.

6. (1) Sufficient fresh air shall be provided in enclosed workplaces, having regard to the working methods used and the physical demands placed on workers.

(2) If a forced ventilation system is used, it shall be maintained in working order.

7. (1) The temperature in working areas shall be adequate for the human body during the hours of working, having regard to the work methods used, the physical demands placed on persons on board and the actual or potential weather conditions in the area in which the vessel operates.

(2) The temperature in living quarters, sanitary facilities, canteens and first-aid rooms shall, where those areas exist, be appropriate to the particular purpose of such areas.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(a) devices to immobilise the otter boards, and

(b) devices to control the swinging motion of the codend.

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

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

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

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

15. On all vessels first-aid equipment shall be available which fulfils the requirements of the European Communities (Minimum Safety and Health Requirements for Improved Medical Treatment on Board Vessels) Regulations, 1997 ( S.I. No. 506 of 1997 ).

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

THIRD SCHEDULE

Requirements for Life-Saving and Survival Equipment

Regulation 4

1. Vessels shall carry adequate life-saving and survival equipment, taking account of the number of workers and the area in which the vessel is operating and shall include—

(a) adequate means of recovering persons from the water, and

(b) radio rescue, in particular an emergency position-indicating radio beacon with a hydrostatic release mechanism.

2. All items of life-saving and survival equipment shall be kept in their proper locations, maintained in good working order and be available for immediate use and they shall be checked by the workers before the vessel leaves port and during the voyage.

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

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

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

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

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

FOURTH SCHEDULE

Requirements Concerning Personal Protective Equipment

Regulation 4

1. Where risks to safety or health at work cannot be prevented or sufficiently limited by collective or technical protective measures the workers shall be provided with personal protective equipment.

2. Personal protective equipment in the form of clothing or worn over clothing shall be in bright colours, contrasting with the marine environment and be clearly visible.

FIFTH SCHEDULE

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

Regulation 9

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

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

3. Every provision of the Third Schedule.

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

EXPLANATORY NOTE.

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

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

¹ O.J. No. L307, 13.12.93, p.1.

² O.J. No. L307, 13.12.93. p.1.