Unit 2: Foundational Principles and Principles

2. 2.2 Duties of Shipowners and Seafarers

The legal framework places a clear duty on shipowners and employers to protect the health and safety of seafarers. According to Merchant Shipping and Fishing Vessels Regulations (S.I. 1997/2962, Reg. 5), the duties of shipowners are based on several key principles:

• the avoidance of risks, which among other things includes the combating of risks at source and the replacement of dangerous practices, substances or equipment by non-dangerous or less dangerous practices, substances or equipment;

• the evaluation of unavoidable risks and the taking of action to reduce them;

• the adoption of work patterns and procedures that take account of the capacity of the individual, especially in respect of the design of the workplace and the choice of work equipment, with a view in particular to alleviating monotonous work and to reducing any consequent adverse effect on workers’ health and safety;

• the adaptation of procedures to take account of new technology and other changes in working practices, equipment, the working environment and any other factors that may affect health and safety;

• the adoption of a coherent approach to management of the vessel or undertaking, taking account of health and safety at every level of the organization;

• giving collective protective measures priority over individual protective measures; and

• the provision of appropriate and relevant information and instruction for workers.

This responsibility is shared with seafarers, who are required to:

• take reasonable care for their own health and safety and that of others on board who may be affected by their acts or omissions;

• cooperate with anyone else carrying out health and safety duties, including compliance with control measures identified during the employer’s or Company’s risk assessment;

• report any identified serious hazards or deficiencies immediately to the appropriate officer or other responsible person; and

• make proper use of plant and machinery, and treat any hazard to health or safety (such as a dangerous substance) with due caution.