S.I. No. 107/1988:

MERCHANT SHIPPING (CODE OF SAFE WORKING PRACTICES) REGULATIONS, 1988.

MERCHANT SHIPPING (CODE OF SAFE WORKING PRACTICES) REGULATIONS, 1988.

I, BRENDAN DALY, Minister for the Marine, in exercise of the powers conferred on me be section 12 of the Merchant Shipping Act, 1947 (No. 46 of 1947),and the Communications (Transfer of Departmental Administration and Ministerial Functions) Order, 1987 ( S.I. No. 91 of 1987 ) hereby make the following Regulations.

1. These Regulations may be cited as the Merchant Shipping (Code of Safe Working Practices) Regulations, 1988, and shall come into operation on the 1st day of July, 1988.

2. (1) In these Regulations:

"The Code" means the International Labour Office (ILO) publication entitled "Accident prevention on board ship at sea or in port" or, alternatively, the United Kingodm Department of Transport publication entitled "Code of safe working practices for merchant seamen";

"employer" means, as appropriate, the person, persons or organisation who own the vessel and are responsible for the equipment of the vessel or for the employment of the seafarers employed thereon;

"fishing vessel" means a vessel which is for the time being employed in sea fishing but does not include a vessel used otherwise than for profit;

"Marine Notice" means a Notice described as such issued by the Department of the Marine;

"the Minister" means the Minister for the Marine;

"owner" in relation to a ship includes the employer;

"pleasure craft" means a vessel primarily used for sport or recreation.

(2) Any reference in these Regulations to the Code shall include references to any documents amending the same which are specified in a Marine Notice.

3. These Regulations apply to all ships registered in the State except fishing vessels and pleasure craft.

4. (1) In every ship to which these Regulations apply there shall be carried not less than two copies of the Code, of which one copy shall be kept in the custody of the master, and one copy in a place readily accessible to seamen in the ordinary course of their duties.

(2) In every ship to which these Regulations apply in which are employed a master and seamen exceeding 15 persons in all, there shall be carried not less than one copy of the Code in the custody of each of the following persons:

(a) the master;

(b) the chief officer;

(c) the chief engineer;

(d) the purser or the catering officer;

(e) where a safety officer has been appointed pursuant to any Regulations made under section 12 of the Merchant Shipping Act, 1947 (No. 46 of 1947), for that purpose, that officer;

(f) where a safety representative has been appointed pursuant to any such Regulations as are referred to in sub-paragraph (e) of this paragraph, that safety representative; and

(g) where an accident prevention committee has been appointed pursuant to any such Regulations as are referred to in paragraph (e) above, each member of that committee who requests a copy,

and, in addition, there shall be carried in different places (which shall include the ship's library, if any) readily accessible to seamen in the ordinary course of their duties, not less than one copy of the Code (hereinafter referred to as a "reference copy") for every 25 seamen employed in the ship.

(3) On being so requested by any seaman employed in the ship, the master or any of the persons referred to in paragraph (2) (b) to (f) of this Regulation, as the case may be, shall make temporarily available to that seaman a copy of the Code.

5. Where reference copies of the Code are required by these Regulations to be carried in a ship, the master of the ship shall cause to be displayed in different places in the ship, being places to which each seaman has access in the ordinary course to his duties, not fewer than three easily visible and clearly legible notices specifying the places where the reference copies are kept.

6. The owner of any ship to which these Regulations apply shall ensure that the ship carries sufficient copies of the Code as are required to be carried by Regulation 4 of these Regulations (including one of each member of the Committee referred to in paragraph (2) (g) of Regulations of these Regulations).

GIVEN under my Official Seal this 27th day of May, 1988.

BRENDAN DALY,

Minister for the Marine.

EXPLANATORY NOTE

These Regulations require masters and other specified persons in merchant ships registered in the State to make available to any seaman in the ship who requests it, a copy of the International Labour Office publication entitled "Accident prevention on board ship at sea and in port" published in 1978 by ILO publications, Geneva, Switzerland or alternatively the United Kingdom Department of Transport publication entitled "Code of Safe Working practices for Merchants Seamen" (published in 1978 and obtainable from HMSO London).). The Regulations require the master of any ship employing more than 15 persons to display notices on the ship specifying the places where copies of the "Code" are kept. The Regulations also require the owner to ensure that the ship is provided with sufficient copies of the Code.