INTERNATIONAL LABOUR OFFICE GENEVA
AN ILO CODE OF PRACTICE
ACCIDENT
PREVENTION ON BOARD SHIP AT SEA AND IN PORT
(1996 Geneva, First published 1978, Second edition
1996, Second impression 1997)
In
accordance with the decision taken by the Governing Body of the ILO at its
254th Session (November 1992), a Meeting of Experts was convened in Geneva from
28 September to 5 October 1993 to revise the ILO Code of Practice on Accident
Prevention on Board Ship at Sea and in Port. The Meeting was composed of 15
experts, five appointed following consultations with governments, five
following consultations with the Employers' group and five following
consultations with the Workers' group of the Governing Body.1 After
examining and finalizing the text, based on a draft prepared by the Office, the
experts adopted this code.
_______________________________
1 Experts appointed following
consultations with governments:
Mr. L. D. Barchue, Sr.
(Liberia), Deputy Permanent Representative to the IMO, Permanent Mission of the
Republic of Liberia to the International Maritime Organization (IMO).
Mr. A. Flatrud (Norway),
Director of Department, Norwegian Maritime Directorate. Captain H. Matsuda
(Japan), Director, Employment Security Office, Administration Division,
Seafarers' Department, Maritime Technology and Safety Bureau, Ministry of
Transport.
Mr. W. Rabe (United States),
Deputy Chief, Marine Investigation Division, Commandant (G-MMI), United States
Coast Guard.
Adviser:
Mr. C. Young, Marine
Transportation Specialist, Commandant (G-MVP-4), United States Coast Guard.
Ms. E. A. Snow (United
Kingdom), Higher Executive Officer, Occupational Health and Safety (Seafarers),
Marine Directorate, Surveyor-General's Organization, Department of Transport.
Experts appointed following
consultations with the Employers' group of the Governing Body:
Captain K. Akatsuka (Japan),
General Manager, Japanese Shipowners' Association.
Captain K. R. Damkjaer
(Denmark), Head of Division, Danish Shipowners' Association.
Mr. G. Koltsidopoulos (Greece),
Legal Adviser, Union of Greek Shipowners.
Captain M. R. Lowle (United
Kingdom), Manager, Health, Safety and Environment, Shell Tankers (UK) Ltd.
Captain C. J. Park (Republic of Korea), General Manager, Marine Dept., Korea
Shipowners' Association.
Experts appointed following
consultations with the Workers' group of the Governing Body:
Mr. L. Dolleris (Denmark),
President, Maskinmestrenes Forming [Union of Chief Engineers].
Mr. N. McVicar (United
Kingdom), National Organizer RMT, National Union of Rail, Maritime and
Transport Workers.
Mr. H. Rodriguez Navarrete
(Chile), Secretary-General, Chilean Seafarers' Federation (FETRICH).
Mr. A. Papaconstuntinos
(Australia), Joint National Secretary, Maritime Union of Australia.
Mr. T. Tay (Singapore),
General Secretary, Singapore Maritime Officers' Union.
Observers from member States:
Mr. E. H. Salman (Bahrain),
Harbour Operation Officer, Directorate General of Ports, Harbour Section.
Mr. S. R. Sanad (Bahrain),
Official, Ministry of Finance.
Mr. E. Hosannah (Brazil),
First Secretary, Permanent Mission of Brazil in Geneva.
Mr. G. Boubopoulos (Greece),
Lieutenant HCG, Seaman's Labour Division – Hellenic Coast Guard, Ministry of
Mercantile Marine. Mr. F. Wakaki (Japan), Counsellor, Permanent Mission of
Japan in Geneva. Ms. L. Vallarino (Panama), Ambassador, Permanent Mission of
Panama in Geneva.
Intergovernmental
organizations represented:
Commission of the European
Communities (CEC): Mr. L. Dutailly.
The
experts considered that the code of practice constituted a body of advice which
would be of great value to ILO member States. The code should not be regarded
as a legally binding instrument, and was not intended to supersede national
laws or regulations or other national safety and health rules. Its practical recommendations
are intended for use by all those who have responsibility for safety and health
on board ship. Its object is to provide guidance to shipowners and seafarers
and others concerned with the framing of provisions of this kind in both the
public and private sectors.
It
may be impracticable to apply some of these recommendations to a particular
ship or type of shipping operation. In such cases, every endeavour should be
made to observe the intent of the recommendations, and the risks that may be involved
in any operation covered by the code should be taken into consideration when
applying these measures.
A
code such as this cannot cover every aspect of safety both at work and in
off-duty periods aboard ship at sea and in port, and no human activity is free
from some measure of risk. Accidents are in many cases caused by lack of
knowledge or inadequate training, incomplete understanding of ships and ship
operations, non-adherence to procedures, lack of foresight and the taking of
unnecessary risks, often in quite simple operations. Prudence and foresight are
natural characteristics of the good seafarer at work, who should make it a
habit to be on the lookout for the hazards in any situation, including ordinary
everyday situations.
Much
of the information contained in this code has been taken from national codes of
practice and safety-related publications. Since the guidelines cannot cover
every aspect of safety and health on board ships, a list of publications and
other information is appended to the code.
The
experts recognized that some countries and shipping companies had established
more progressive safety and health policies and programmes than those
prescribed in this code. The experts fully supported these developments and
encouraged others to emulate these initiatives.
Throughout
the code there are references to ILO and International Maritime Organization
(IMO) instruments, resolutions and publications and to publications of other
intergovernmental and non-governmental organizations. Whenever such
instruments,resolutions and publications are utilized, it should be ensured
that the most recent applicable editions or versions are consulted.
The
text of the code was approved for publication by the Governing Body of the ILO
at its 261st Session (November 1994).
_____________________
Non-governmental
organizations represented:
International Confederation
of Free Trade Unions (ICFTU): Mr. G. Ryder, Mr. D. Cunniah.
International Organization of
Employers (IOE): Ms. B. Perkins.
International Organization
for Standardization (ISO): Mr. R. R. Spencer, Mr. F. Abram.
International Shipping
Federation (ISF): Mr. D. Dearsley, Captain F. M. Marchant.
International Transport
Workers' Federation (ITF): Mr. J. P. Whitlow.
World Federation of Trade
Unions (WFTU): Mr. A. Potapov.
ILO representatives:
Mr. B. K. Nilssen, Chief,
Maritime Industries Branch, ILO.
Mr. D. Appave, Maritime
Industries Branch, ILO.
Mr. B. Wagner, Maritime
Industries Branch, ILO.
Ms. T. Bezat-Powell,
Multisectoral Support Section, ILO.
ILO consultant:
Captain I. Lavery, Research
and Consultancy services, University of Ulster, United Kingdom.
1.1.1.
The objective of this code is to provide practical guidance on safety and
health in shipboard work with a view to:
(a) preventing
accidents, diseases and other harmful effects on the health of seafarers
arising from employment on board ship at sea and in port;
(b) ensuring
that the responsibility for safety and health is understood and remains a
priority for all concerned with maritime transport, including governments,
shipowners and seafarers; and
(c) promoting
consultation and cooperation among governments, as well as shipowners' and
seafarers' organizations in the improvement of safety and health on board ship.
1.1.2.
The code also provides guidance in the implementation of the provisions of the
Prevention of Occupational Accidents to Seafarers Convention, 1970 (No. 134),
and Recommendation, 1970 (No. 142), as well as other applicable ILO Conventions
and Recommendations.
1.2.1.
The code covers the safety and health of all seafarers serving on board all
seagoing ships, whether publicly or privately owned, and which are ordinarily
engaged in commercial maritime navigation. However, parts of the code may be
applicable to vessels used in inland waterways or to fishing vessels.
1.2.2.
The provisions of this code should be considered as the basic minimum
requirements for protecting seafarers' safety and health.
_________________
1 Use of the male gender in
the text should be read as meaning male or female.
1.3.1.
For the purposes of this code the following terms have been defined as follows:
(a) competent
authority: a minister, government department or other authority having power to
issue regulations, orders or other instructions having the force of law in
respect of safety and health aboard any vessel registered in their territory or
any ship within their territorial waters and ports;
(b) competent
person or competent officer: a rating or an officer possessing adequate
qualifications, such as suitable training and sufficient knowledge, experience
and skill, and including, where appropriate, any certificates required by the
competent authority, to fill a particular position, carry out a specific task,
or assume supervisory responsibility. The competent authority may define
appropriate criteria for the designation of such persons and may determine the
duties assigned to them;1
(c) crew:
seafarers, other than the master, working on the ship;
(d) officer: one
who is ranked as an officer by national laws or regulations;2
_____________________
1 Such standards should at
least be those of the IMO's International Convention on Standards of Training,
Certification and Watchkeeping for Seafarers, 1978 (and any subsequent
revisions or amendments), and the requirements of the ILO's Merchant Shipping
(Minimum Standards) Convention, 1976 (No. 147), and other relevant instruments.
2 See also 1.3.1(b), above.
(e) personal protective
equipment: includes but is not limited to protective clothing, safety helmets,
eye and face protection, hearing protection, gloves, safety footwear,
lifelines, safety harnesses, breathing apparatus and respirators, as
appropriate;
(f) rating: a competent
member of the crew other than an officer;
(g) responsible
persons: persons having authority delegated to them either directly or
indirectly by the shipowner or the master to carry out or supervise the duties
or operations under consideration;
(h) safety
officer: an officer designated by the shipowner or the master as being
responsible for carrying out certain tasks associated with shipboard safety and
health;
(i) safety
policy: a written document produced by a shipowner indicating in broad terms his
commitment, aims and objectives;
(j) safety
programme: a detailed plan designed to implement the ideals and intentions
expressed in the safety policy;
(k) safety
representative: a member of the crew elected or appointed by and from the
members of the crew to serve on the shipboard safety and health committee;
(l) shipboard
safety and health committee: a committee which examines and deals with all
aspects of shipboard safety and health and related issues;
(m) seafarer:
any person employed in any capacity on board a seagoing ship or vessel engaged
in commercial maritime navigation, whether publicly or privately owned, other
than a ship of war;
(n) ship or
vessel: any seagoing registered craft, whether publicly or privately owned,
engaged in commercial maritime navigation;
(o) shipowner:
any person(s) or organization that owns the ship or acts on behalf of the owner
and is responsible for the ship and its equipment or for the seafarers employed
thereon. For the purposes of the code, the term may also include, for example,
a ship management company.
2. General duties and responsibilities
2.1. General duties of the
competent authority of flag States
2.1.1.
The competent authority should, on the basis of an assessment of safety and
health hazards and in consultation with shipowners' and seafarers'
organizations, adopt national laws or regulations to ensure the safety and
health of seafarers working on ships.
2.1.2.
A practical application of these national laws or regulations should be
provided through technical standards or codes of practice, or by other
appropriate methods.
2.1.3.
In giving effect to paragraphs 2.1.1 and 2.1.2 above, the competent authority
should have due regard to the relevant standards adopted by recognized
international organizations in the field of maritime safety.1
2.1.4.
The competent authority should provide appropriate inspection services to
enforce or administer the application of the provisions of national laws and
regulations and should provide the necessary resources for the accomplishment
of their task, or satisfy itself that appropriate inspection and enforcement
are carried out.2
2.1.5.
The inspection and survey of ships should normally be carried out by the
competent authority.3 If inspection and survey are delegated to
classification societies and other bodies, the competent authority should
ensure that its international obligations4 are fulfilled and that
national laws and regulations are enforced.
____________________
1 These include, from the
International Labour Organization, the Merchant Shipping (Minimum Standards)
Convention, 1976 (No. 147); the Prevention of Accidents (Seafarers) Convention,
1970 (No. 134); the Prevention of Accidents (Seafarers) Recommendation, 1970
(No. 142); and from the International Maritime Organization, the International
Convention for the Safety of Life at Sea, 1974 (SOLAS); the International
Convention on Standards of Training, Certification and Watchkeeping for
Seafarers, 1978 (STCW); the International Convention on Loadlines, 1966 (ICL);
the Convention on the International Regulations for Preventing Collisions at
Sea, 1972 (COLREG) and any subsequent revisions of the above instruments.
2 For guidance on inspections
in accordance with Convention No. 147, the ILO publication Inspection of labour
conditions on board ship: Guide-lines for procedure should be followed. In
accordance with Article 2 of Convention No. 134, the competent authority in
each maritime country shall take the necessary measures to ensure that
occupational accidents are adequately reported and investigated, and
comprehensive statistics on such accidents kept and analysed. Use may also be
made of the IMO/ILO Guidelines for the investigation of accidents where fatigue
may have been a contributing factor, where appropriate.
3 See also the Labour
Inspection (Seamen) Recommendation, 1926 (No. 28).
4 Guidelines for the
Authorization of Organizations Acting on Behalf of the Administration, IMO
Resolution A.739(18), 1993, and subsequent related resolutions should be
followed.
2.1.6.
The measures to be taken to ensure organized cooperation between shipowners and
seafarers to promote safety and health on board ship should be prescribed by
national law or regulations or by the competent authority.1 Such
measures may include but should not be limited to:
(a) the
establishment on each ship of a safety and health committee with well-defined
powers and duties;
(b) the
appointment of an elected seafarers' safety representative(s) with well-defined
powers and responsibilities; and
(c) the
appointment by the shipowner or master of a suitably qualified and experienced
officer to promote safety and health.
2.1.7.
When comparable national laws or regulations are in place to address the
concern in paragraph 2.1.6, the competent authority should ensure that the
organization and execution of these measures are not less effective than as
recommended above.
2.1.8.
The competent authority should take immediate action to investigate and, where
appropriate, take measures to have deficiencies relating to ships registered in
its territory corrected, as reported by the competent authorities of other
States.
2.1.9.
Where the safety of the ship or the safety and health of the crew are
endangered, the competent authority should, in accordance with national laws
and regulations, take effective measures to ensure that the ship is prohibited
from leaving port until such deficiencies have been remedied and compliance
with the relevant laws and regulations assured.
2.1.10.
The competent authority should establish laws and regulations on requirements
for medical facilities and procedures, and for the medical training of
shipboard personnel as appropriate. Due regard should be given to the relevant
ILO instruments.2 Every ship should be required to carry on board
the International medical guide for ships or an equivalent national guide.
2.1.11.
The competent authority should ensure that seafarers employed on board ships
registered in its territory are properly certificated, where required. Due
regard should be given to relevant ILO and IMO instruments, guidelines,
resolutions and publications, in particular the revised ILO/IMO Document for
guidance: An international maritime training guide (1985)3 and any
subsequent revisions.
___________________
1 The Occupational Safety and
Health Recommendation, 1981 (No. 164), calls for the formation of safety
committees and specifies the rights of the committee and its members. Article 7
of the Prevention of Accidents (Seafarers) Convention, 1970 (No. 134), provides
for the appointment, from amongst the crew, of a suitable committee
responsible, under the master, for accident prevention.
2 In particular, the Health
Protection and Medical Care (Seafarers) Convention, 1987 (No. 164).
3 Which takes into account the
International Convention on Standards of Training, Certification and
Watchkeeping for Seafarers, 1978, as well as other ILO and IMO instruments,
resolutions and publications.
2.2.
General duties and responsibilities of competent authorities other than the
flag State
2.2.1.
Where duties require the application by a competent authority other than the
flag State, due account should be taken of the relevant principles of
international law.
2.3. General duties and
responsibilities of shipowners
2.3.1.
Generally, the shipowner is primarily responsible for the safety and health of
all seafarers on board ship. However, the day-to-day responsibility generally
lies with the master, who should observe the shipowners' reporting procedures.
Shipowners should provide adequate means and organization and should establish
a suitable policy on the safety and health of seafarers consistent with
international and national laws and regulations. The policy and programme
should set out the responsibilities of all relevant parties, including onshore
staff and any subcontracting companies.1
__________________
1 Such a policy should be
based on the International Management Code for the Safe Operation of Ships and
for Pollution Prevention (International Safety for Management (ISM) Code), IMO
Assembly Resolution A.741(18), 1993, and any subsequent revisions.
2.3.2.
The development of the necessary degree of safety consciousness and the
achievement of high standards of safety depend on foresight, good organization
and the wholehearted support of management and of all seafarers. Therefore,
shipowners should consult with seafarers' organizations with regard to the
safety and health policy.
2.3.3.
Shipowners should ensure that design of their ships takes account of ergonomic
principles and conforms to relevant international and national laws,
regulations, standards or codes of practice.
2.3.4.
Shipowners should provide and maintain ships, equipment, tools, operating
manuals and other documentation, and organize all planning and operations in
such a manner that, as far as is reasonably practicable there is no risk of
accident or injury to seafarers. In particular, activities should be planned,
prepared and undertaken so that:
(a) dangers
likely to arise on board ship are prevented;
(b) excessively
or unnecessarily strenuous work positions and movements are avoided;
(c) organization
of all work takes into account the safety and health of seafarers;
(d) materials
and products are used safely and pose no danger to seafarers' health; and
(e) working methods
are employed which protect seafarers against the harmful effects of chemical,
physical and biological agents.
2.3.5.
Shipowners should observe the appropriate national and international laws when
deciding manning levels, and take into account the necessary standards of
fitness, state of health, experience, competence and language skills to ensure
the safety and health of seafarers in the performance of their duties and
responsibilities when operating on board. In doing so the Shipowners should:
(a) take account
of the links between shipboard safety and acceptable working and living
conditions, including working hours, rest periods, bedding, mess utensils,
adequate accommodation and nutrition;1
(b) verify that
the seafarer holds appropriate medical and competency certificates and
endeavour to confirm their validity;
(c) recognize
fatigue as a potential hazard to safety and health, therefore operations on
ships should be planned to take into account the expected period of work and
the prevailing conditions on board in order to minimize fatigue;2
(d) where
circumstances do not allow adequate rest periods for seafarers, either the crew
complement should be supplemented or the vessel's work programme should be
reassigned; and
(e) take account
of reports and recommendations made by the master or safety committee regarding
adequacy of numbers of seafarers, their degree of competence and skills
required for accident-free operation of the ship.
_________________
1 The ILO's Seafarers' Welfare
at Sea and in Port Convention, 1987 (No. 163), and Recommendation, 1987 (No.
173); the Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147); and
the Bedding, Mess Utensils and Miscellaneous Provisions (Ships' Crews)
Recommendation, 1946 (No. 78).
2 See IMO Resolution
A.772(18), 1993, on Fatigue Factors in Manning and Safety.
2.3.6.
Shipowners should provide such supervision as will ensure that seafarers
perform their work with due regard to their safety and health. Shipowners
should direct the master and the master should instruct the officers that the
work of all on board will be organized in such a way as to avoid unnecessary
risks to safety and health. Shipowners should make masters and seafarers fully
aware of all activities on board that could affect their safety and health.
2.3.7.
Shipowners should arrange for a designated person from shoreside operations,
preferably a person at the highest possible level within the management
structure, to:
(a) consult
closely with the master and crew on all matters concerning safety and health;
(b) review the
reports of shipboard safety and health committees and consider any suggested
improvements and other feedback information received from the ship; and
(c) monitor the
performance of equipment and personnel.
2.3.8.
Shipowners should establish safety and health committees on board ships or make
other suitable arrangements consistent with national laws and regulations for
the participation of seafarers in the establishment of safe working conditions.
The duties and responsibilities of such committees, as well as those of
designated safety representatives, are described below in section 2.6. When
drawing up procedures concerning safety and health committees and safety
representatives, Shipowners should consult the relevant seafarers'
organizations.
2.3.9.
Shipowners should arrange for regular safety inspections of all parts of their
ships by competent persons at suitable intervals. The inspection should also
include tools, equipment and machinery on which the safety of the seafarers may
depend. Precautions should be taken in performing the inspection, for