Safety officials regulations
Which regulations have revoked and replaced the Safety Officials, Reporting of Accidents and
Dangerous Occurrences (SORADO) Regulations, and when did they come into force?
The MS and FV (Health and Safety at Work) Regulations 1997 (The HSW Regulations).
What official records must be made on a ship concerning the appointment of safety officials?
The appointment of every person as (1) the 'competent person providing protective and preventive services', (2) the ship's safety officer, (3) a safety representative, or (4) onto a safety committee, must be 'recorded in writing'. Although the Regulations do not specify that the record should be made in the Official Log Book, (since not all ships covered by the Regulations must have an OLB), on ships that have an OLB, the records should be made in the narrative section.
Competent person
What are the requirements of the Health and Safety at Work Regulations concerning the
appointment of 'competent persons'?
One or more 'competent persons must be appointed by the employer ' in order to provide such protective and preventive services as are necessary to enable him to comply with the requirements of these Regulations' - in other words to promote shipboard health and safety.
Why would more than one competent
person sometimes be necessary? On ships carrying personnel employed by several different employers, each such employer must appoint one or more 'competent persons'. Does an appointed 'competent person'
person(s) should have a knowledge of the duties undertaken by those for whom they are responsible, and should ensure that any specific risks encountered as a result of that particular working environment are dealt with appropriately, e. g. by checking that the Company has adequate safety procedures for all on board, and by co-ordinating risk assessments with the Company.
What information must the employer
provide the competent person with? All relevant information they need to do their job, e. g. a copy of the employer's safety policy, risk assessments, information about the duties of personnel, and any information provided by other employers about risks and safety procedures in shared work-places on board.
Safety officer
Which ships must have a safety
officer? UK ships to which The Health and Safety at Work Regulations apply, i. e. those with more than 5 workers on board. Is a ship's safety officer appointed or
elected, and can he refuse to do the job?
He is appointed to the post by the Company. He may not refuse to do the job. Must a safety officer attend a safety
officer's course before he can be appointed?
Although the Regulations do not require this, the Code of Safe Working
Practices advises that the SO should have attended 'a suitable Safety
Officer's Training Course'.
What are the duties of a safety officer? (1 ) To improve the standard of safety consciousness amongst the crew; (2) to ensure that the provisions of the Code of Safe Working Practices and safety instructions, rules and guidance for the ship relating to health and safety are complied with; (3) to investigate, so far as is reasonably practicable, (i) every accident involving death, major or serious injury as defined in The MS (Accident Investigation and Reporting)
Regulations, (ii) all potential hazards to health and safety, and (iii) all reasonable
complaints by workers about health and safety, and make recommendations to the master to prevent their recurrence or to remove any hazard (provided that the duty to investigate shall not extend to accidents arising from a casualty to the ship); (4) to ensure that health and safety inspections of each accessible part of the ship are carried out at least once every 3 months, and more frequently if there have been substantial changes in the conditions of work; (5) to make representations and, where appropriate, recommendations to the master about any deficiency in the ship in respect of (i) any legislative requirement relating to health and safety, (ii) any relevant M Notice, or (iii) any provision of the Code of Safe Working Practices, and also suggest whether those representations and recommendations should be passed by the master on to the employer or other person who has control of the matter; (6) to maintain a record of every accident involving death, or major or serious injury, and make it available on request to any elected safety representative, to the master and to any person duly authorised by the Secretary of State (e. g. an MAIB inspector or MCA surveyor); (7) to stop any work which he observes in progress and reasonably believes may cause a serious accident, and immediately inform the master or the master's deputy, who shall decide when work can safely be resumed.
Are there any occasions when the safety officer does not have to carry out his statutory duties?
Yes. He is not required to take any of the above actions at a time when emergency action to safeguard life or the ship is being taken.
Can the safety officer order the resumption of any work that he has ordered to be stopped?
No; only the master or the master's deputy can order the resumption of the work. (The SO should have immediately informed the master or his deputy when he stopped the work. )
If the 2nd Mate was the appointed safety officer on your ship, should he also be concerned with medical treatment?
No. Because the SO investigates all accidents, he should avoid direct involvement with any medical treatment.
Following an accident on board, what
should the safety officer do? He should try to determine how and why accident the occurred and should assist the master in reporting the accident on an IRF form. The SO should concentrate on establishing the facts of the case and should: (1 ) record the names (and addresses if shore personnel are involved) of all those in the vicinity; (2) note and mark the positions of the injured and details of clothing, equipment and tools likely to have been in use; and (3) take possession of portable items which might be relevant to the investigation. He should make sketches and/or take photographs if possible. His duty to investigate does not extend to accidents arising from a casualty to the ship.
When is the safety officer's
appointment terminated? As soon as he ceases to be employed in the particular ship, or as soon as the employer terminates his particular appointment as SO.
Safety representatives
Which ships, if any, must have safety
the company's safety policy. But The HSW Regulations require the master of a ship with more than 5 crew to arrange, if requested, the election of a safety representative if the crew want one.
Must the company make any rules
about safety representatives? Yes, the Regulations require the Company to make rules for the election and appointment of safety representatives. When should arrangements be made
for an election of a safety representative?
The Code of Safe Working Practices advises that the master should organise an election within 3 days of being requested by any 2 persons entitled to vote. What are the statutory requirements
concerning elections of safety representatives?
The candidate receiving the most votes, provided that no safety
representative may be appointed who has less than 2 years' consecutive sea service since reaching the age of 18, which in the case of a safety
representative on a tanker must include at least 6 months' tanker service. What powers do safety
representatives have under the HSW Regulations?
They may (1 ) participate, subject to the concurrence of the safety officer, in any of the investigations or inspections carried out by the SO, or (2) after notification to the master or his deputy, undertake similar investigations or inspections themselves, whether or not such investigations or inspections have already been carried out by the safety officer; (3) make representations to the employer on potential hazards and dangerous occurrences at the workplace which affect, or could affect, workers on the ship; (4) make representations to the master and the employer on general matters affecting the health and safety of workers on the ship and, in particular, on such matters as those on which the employer carries out consultation under the Regulations; (5) request the safety officer to carry out any occupational health and safety inspection they consider necessary and report the findings to them.
What are the requirements of the Health and Safety at Work
Regulations concerning consultation with workers?
Every employer is required to consult workers or their elected representatives on health and safety matters, and in particular (1) arrangements for the appointment of a competent person; (2) the findings of a risk assessment; (3) arrangements for health and safety training; and (4) the introduction of new technology. The matters to be discussed might also include the selection of work equipment and/or personal protective equipment, installation of safety signs and follow-up to accidents and other incidents.
When does a safety representative's
appointment end? On that person ceasing to be employed in the ship, or from the date on which that person resigns from that position or on which another duly elected person is elected in his place.
Safety committee
In what circumstances must a safety
committee be formed? In all ships where a safety representative is elected, the Company must appoint a safety committee. Who must be on a safety committee? The master as chairman, the safety officer and every safety representative. Who else may be on a safety
committee? Any competent person appointed under The HSW Regulations to provide protective and preventive services. (See above. ) What powers do safety committees
have under the HSW Regulations?
They may (1 ) participate, subject to the concurrence of the safety officer, in any of the investigations or inspections carried out by the SO, or (2) after notification to the master or his deputy, undertake similar investigations or inspections themselves, whether or not such investigations or inspections have already been carried out by the safety officer; (3) make representations to the employer on potential hazards and dangerous occurrences at the workplace which affect, or could affect, workers on the ship; (4) make representations to the master and the employer on general matters affecting the health and safety of workers on the ship and, in particular, on such matters as those on which the employer carries out consultation under the Regulations; (5) request the safety officer to carry out any occupational health and safety inspection they consider necessary and report the findings to them.
When can a safety committee 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.
Duties of Company and master
What are the duties of the Company and the master concerning the work of safety officials appointed under the Regulations?
The Company and master must facilitate the work of any person appointed as a 'competent person', safety officer or safety representative in carrying out their health and safety functions, and in particular must provide for use by them a copy of the Code of Safe Working Practices (where appropriate), and access to any necessary information, documents and similar material including relevant legislation and M Notices. They must also provide safety officials with
relevant information about (1 ) findings of risk assessments and measures in place for protection; (2) any other factors affecting the health and safety of those working on the ship; and (3) details of fire-fighting, first aid and other emergency procedures. They must ensure that safety officials have the necessary resources and means to carry out their functions and duties. They must allow safety officials such absence from ship duties without loss of pay as may be necessary to enable them to fulfil their functions, or to undertake any necessary training in health and safety matters. They must receive, at any reasonable time, representations about health and safety from the safety officer, safety representatives or the safety committee, discuss their representations with them and implement any agreed measures as soon as may be reasonable and practicable.
What are the requirements of the HSW Regulations concerning accident records where no safety officer is appointed?
The Company must maintain a record of every accident involving death, major or serious injury, and every dangerous occurrence and make it available on request to any worker and any person duly authorised by the Secretary of State for Transport, Environment and the Regions (e. g. an MAIB inspector).