Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) (Amendment) Regulations, 2014

(3) The company may arrange with any company referred to in paragraph (1) that the employer is to produce a

a case that employer shall also be subject to the duties of the company under this regulation.

(4) Before producing a schedule, the company shall seek the views of the master, and the master shall seek, and convey to the company, the views of the seafarers or their representatives.

(5) Subject to paragraph (6), a schedule complies with this regulation if - (a) a table with the schedule is posted in an easily accessible place and for every position contains - (i) the schedule of service at sea and service in port; and (ii) the minimum hours of rest required in accordance with this Part or any applicable collective agreement;

(b) the schedule is established using the form specified in CISN 05/2014; or (c) the schedule required by paragraph (b) is provided in any other standardised format provided it contains the same information as CISN 05/2014; and as a minimum - (i) it sets out the hours of work for - (aa) seafarers whose work includes regular watchkeeping duties or ship handling; and (bb) the ship’s master, chief engineer, Repeal and replacement of regulation 30 - schedules of duties and need to maintain records

The Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) (Amendment) Regulations, 2014

chief officer and second engineer officer, so as to provide that they do not work more hours than is safe in relation to the safety of the ship and the seafarers’ performance of their duties;

(ii) it specifies the maximum period of continuous watchkeeping, the minimum rest period between watches, and the total daily, weekly and monthly hours of work;

(iii) it provides a minimum of ten hours of rest in any twenty-four hour period, which may be divided into no more than two periods, one of which shall be at least six hours in length; and (iv) it provides a minimum of seventyseven hours’ rest in any seven-day period.

(6) The company shall consider the nature of the shipping operation and the voyages to be undertaken in arranging hours of work at sea and in port.

(7) The schedule may be changed by the company, or by an employer who, by virtue of paragraph (3), is subject to the duties of the company, on condition that - (a) other employers and the company, as the case may be, have been consulted;

(b) the company or the employer has sought the views of the master on the proposed changes and the master has sought and conveyed to the company the views of the seafarer or their representatives; and (c) the schedule, as changed, complies with paragraph (5).

(8) The company shall ensure that the schedule is displayed prominently in the crew accommodation for the information of all the seafarers and that it is in a standardised format in the working language of the ship and in English.

(9) It shall be the duty of the master to ensure, as far

The Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) (Amendment) Regulations, 2014

as reasonably practicable, that the hours of work specified in the schedule are not exceeded.

(10) The following requirements apply with respect to the schedule produced in accordance with paragraph (1) - (a) the company and the master shall maintain on the ship a copy of the schedule, and a record of all deviations from its requirements;

(b) the company shall ensure that a copy of the

from its requirements are preserved for five years from the date the schedule was introduced, and that they are available for inspection by the Shipping Master, a proper officer or a “surveyor of ships” as defined in section 2(1) of the Law, or an inspector appointed under section 419 of the Law;

(c) if during the five-year period there ceases to be a company in relation to the ship, the duty to preserve the copies of the schedule and of the record shall remain with the last such company; and (d) the master shall give to every seafarer a copy of the schedule pertaining to that seafarer, which copy shall be signed by the master or a person authorised by the master, and by the seafarer.

(11) Musters, fire-fighting and lifeboat drills shall be conducted in a manner that minimises the disturbance of the rest periods and does not induce fatigue.

(12) Where a seafarer is on call, such as where a machinery space is unattended, an adequate compensatory rest period shall be given to such seafarer if the normal period of rest is disturbed by call-outs to work.

(13) In this regulation and regulation 31 - “schedule” means the schedule of duties referred to in paragraph (1).

The Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) (Amendment) Regulations, 2014

Made in Cabinet the 19th day of August, 2014.

Meredith Hew

Acting Clerk of the Cabinet.