Topic 4 Safety Certs And Documentation Flashcards
Q1 a) Summarise the duties of the employer under the current Merchant Shipping
(Health and Safety) Regulations. (15)
02
Explain in general terms an employer’s civil law duty of care for the health and safety of employees under United Kingdom law. (20) 71-72
EMPLOYER’S CIVIL LAW DUTY OF CARE FOR THE HEALTH AND SAFETY OF
EMPLOYEES UNDER UK LAW
Every employer has a civil law duty to take “reasonable care” to ensure the health / safety of their employees during the course of their employment.
The duty is non-delegable.
A failure at any level of management to take reasonable care for the safety of employees will involve the employer in a breach of this duty.
“Reasonable care” can be described simply, in this context, as taking reasonable precautions to protect employees from all reasonably foreseeable dangers associated with the work. Having identified the dangers
Q3
United Kingdom ships are, in general, required to carry a ‘safety officer’ as part of the crew; explain:
a) which yachts are exempt from this requirement; (6) 72
b) the statutory minimum qualifications required of a ‘safety officer’, (5)
c) describe in general terms the statutory duties of a ‘safety officer’ (9)
a) every ship with 5 or more seafarers
Private vessels are not exempted
Prudent and reasonable
b) training
Risk assessment
c)
• The provisions of the Code of Safe Working Practices and the company’s / operator’s occupational health and safety policies are complied with.
• Occupational health and safety inspections are conducted for each accessible part of the ship in which the crew may be required to work. These must be completed at least once every three months or more frequently if there have been changes in the working conditions.
• Work is stopped which they reasonably believe may cause an accident and inform the master who shall be responsible for deciding when work can safety be resumed.
• The minutes of each safety committee meeting are accessible to all the crew.
• Investigations into Health and Safety incidents on-board are carried out.
Q4
In compliance with the U.K. MS (Health & Safety) Regulations, some pleasure yachts are required to have a Crew Safety Representative and Safety Committee. Explain:
a) The circumstances in which a pleasure yacht would have to comply with these requirements.
b) In general terms, the role of a Safety Representative and the organisation and functions of the Safety Committee.
On every ship of 5 or more seafarers
At least 2 years of sea service since they were 18
• participate in any investigations or inspections carried out by the safety officer subject to their agreement, or after notification to the master, undertake similar investigations or inspections themselves, whether or not they have been carried out by the safety officer,
• consult with the master and safety officer on behalf of the crew on matters affecting occupational health and safety of crew members;
• request through the safety committee an investigation by the safety officer of any such safety matter;
• inspect any of the records required to be kept by the safety officer.
Q6
a) Which vessels are required by UK regulations to carry copies of the Code of Safe
Working Practices for Merchant Seamen? (5)
b) How many copies must be carried? (5)
a) Imediate access for everyone with safety duties all other crew must have access
b)Only hard copies for backup, regulations have changed that soft copies are acceptable
Q7 a) State who should have knowledge of CSWP (4)
All crew should have knowledge
Q7 b) State the legal status of COSWP. (2)
Q7 c) State to which yachts the UK Health and Safety Regulations apply. (2)
All ships registered in the UK
Q7 d) State the duties of the employer / owner in respect to Health and Safety
Regulations. (4)
Every employer has a civil law duty to take “reasonable care to ensure the health / safety of their employees during the course of their employment.
The duty is non-delegable.
A failure at any level of management to take reasonable care for the safety of employees will involve the employer in a breach of this duty.
“Reasonable care” can be described simply, in this context, as taking reasonable precautions to protect employees from all reasonably foreseeable dangers associated with the work.
Having identified the dangers which any reasonable employer could anticipate, the employer must do all that is reasonably possible to eliminate those dangers or at least reduce / minimise the danger. The greater the risk created by the danger, the greater the care expected.
Q7 e) State who should have immediate access to COSWP. (2)
All crew with duties, all crew should have access
Q7 f) How or in what format should COSWP be made available? (4)
Soft copies are acceptable, hard copies for backup
Q8
a) State the requirements for commercially operated yachts to implement a Safety
Management System in compliance with the ISM Code. (2)
All commercial vessels over 500gt required to have safe ship management procedures
Q8
b) State the circumstances under which a private yacht is required to implement a
Safety Management System. (2)
MCA highly recommends that all yacht comply with the large yacht code, requires SMS
Q8
c) Outline the general principles of a Safety Management System. (10)
P75
Safety Management Systems (SMS)
An SMS is a tool used to help keep people, vessels and the environment safe.
It encourages the development of a safety culture where safety becomes second nature.
A safety culture involves everyone from a deckhand to a vessel’s owner - everyone is responsible for safety. The SMS is an organized system planned and implemented by shipping companies to ensure safety of the ship and protection of the marine environment.
The SMS is an important aspect of the ISM Code and it details the important policies, practices and procedures that are to be followed in order to ensure safe functioning of ships at sea.
Q8
d) List the documents that must be carried by the yacht to show compliance with the
ISM Code and Safety Management System. (6) p94
Safety management certificate
Document of complience
