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3. National measures to improve safety
and health in the fishing industry

This chapter concerns how certain aspects of safety and health issues in the fishing industry have been addressed in some countries. It is only a sampling of information from available literature and, in some cases, directly from fishing safety experts and national authorities. Annex 1 provides additional details on approaches to safety and health in the fishing industries of Canada, Chile, China, Japan, Morocco, Nigeria, Norway, Philippines, Republic of Korea, Russian Federation, South Africa, United Kingdom and United States. Unless otherwise noted, this chapter draws on the information in that annex.

Regulation and alternatives to regulation

National laws and regulations relevant to the safety and health of fishermen vary considerably. Direct comparisons can be difficult due to different approaches to categorizing vessels (e.g. length, tonnage, engine power, operational range) not only between but also within countries. Some countries (e.g. most European Union members and Japan) have extensive laws and regulations relating to safety and health in the fishing industry, especially for larger vessels, others (e.g. China, Philippines, United States) appear to have comparatively less regulation, and in some countries, regulation seems to be very limited or even non-existent. While there may be substantial requirements governing vessel construction, safety equipment and certification of personnel, there may be little regulation of other safety and health issues. In some countries the benefits of labour laws covering the majority of workers may not reach fishermen due to their informal or co-adventurer status. Ratification rates of international standards relating to fishing safety are generally quite low. It is difficult to determine the degree to which existing regulations are applied and enforced.

Generally, the smaller the fishing vessel, the less it is regulated. Small-scale and artisanal vessels are often unregulated or (relatively) lightly regulated. Some States (e.g. Philippines) have found it difficult to regulate extensive small-scale and artisanal fishing fleets due to resource limitations and the remoteness of many fishing communities.

Limited regulation does not always mean lack of safety-enhancing activities. In some countries (e.g. United States) repeated efforts to adopt laws and regulations governing fishermen's certification, vessel construction and safety equipment have been only marginally successful primarily due to industry opposition and perceived regulatory and economic cost concerns. Lack of regulation (or relatively limited regulation) has been countered by voluntary government and industry safety programmes, though the benefits of these programmes may not reach all fishermen. In Australia, the Western Australia Fishing Industry Council (WAFIC), a fishing vessel owners' association, initiated a comprehensive safety and health programme partly in response to the concerns over possible regulation (see box 3.1). In Chile, the Asociación Chilena de Seguridad (ACHS), a non-governmental safety and health organization, has contributed significantly to lowering accident and injury rates.
 

These varied national experiences raise the questions of why and how some countries have succeeded in adopting laws and regulations when others have not, whether or not regulation should be the preferred or dominant approach to safety and health problems, and what mix of regulation and other measures is appropriate.

Some countries allow variations in safety and health regulations at the regional or local level. Canada, for example, allows regional Workers' Compensation Boards to make regulations, conduct inspections, issue orders and impose sanctions for the prevention of injuries and occupational diseases. Such flexibility may lead to improved safety and health without the imposition of nationwide regulations which do not account for local fishing conditions and operations. A decentralized approach may have the advantage of encouraging local fishermen to participate in the development of regulations. Conversely, this might permit powerful, local interests to dominate safety debates and dampen broader efforts, no matter what the cost to the country, community and fishermen. Such systems may also involve additional administrative costs.

Roles of ministries and agencies

It appears that maritime ministries or safety agencies (often part of transport or defence ministries) and fisheries ministries or agencies (often part of ministries concerned with agriculture, forestry and fisheries) play the leading role in safety and health in the fishing industries of many countries. Labour, public health and other ministries also have a role in these issues (in the Philippines, for example, over a dozen ministries or agencies are considered to play a role in fishing safety and health issues). The Office has found only limited evidence of regular coordination among all, or at least the major, ministries and agencies with responsibility for the health and safety of fishermen.

Improving such coordination would appear to be one of the areas where much work could be done to increase the safety and health of fishermen through the sharing of information and expertise and also to raise efficiency. In some countries it appears that jurisdictional decisions allocating responsibility to specific ministries or agencies for certain aspects of safety and health in the fishing industry may be insufficiently precise and limit action. The Office lacks information on what is being done in this regard in many countries.

Consultation and social dialogue

The Office has only limited information on the extent of regular consultation on fishing safety and health issues among the relevant government authorities, fishing vessel owners, representatives of fishermen and other concerned parties. It has been noted that Denmark carries out consultations through safety councils (see box 3.2), Canada has a maritime safety advisory council and five regional councils which periodically discuss fishing safety issues, and the United States Coast Guard has a national advisory committee dedicated to fishing vessel safety, and also holds consultations at the Coast Guard district level. In Norway, the social partners are asked to comment on legislative proposals and are invited to participate in non-legislative panels and committees concerned with fishermen's safety and health. In Europe, a major initiative involving fishermen's trade unions, owners, national and regional authorities, insurers and others is under way (see Chapter 4).
 

For the ILO, social dialogue is an essential aspect of improving safety and health in the workplace. Collective bargaining is one means of reaching agreement (at least between owners and fishermen) on certain aspects of safety and health, but it appears that there are many fishermen, particularly on small vessels in the developing world, who are not trade union members (though they may be members of cooperatives or local fishermen's organizations). In Canada, an initiative sponsored by the Fishermen, Food and Allied Workers' Union (FFAW), which would establish independent fishermen's organizations under an umbrella industry organization, aims at the "professionalization" of the fishing occupation to protect full-time fishers, improve training (including safety training) and enhance the image of the occupation.⁽¹⁾

Research

Research institutes and academic institutions also play a valuable role in analysing safety and health issues and developing solutions. In the Netherlands, for example, the Delft University of Technology, in cooperation with the Netherlands Institute for Fishery Investigation, under a grant from the Ministry of Social Affairs, conducted a project entitled "Working conditions in the Dutch sea fishing industry" aimed at analysing accidents and working conditions on Dutch vessels in order to pinpoint safety priorities.⁽²⁾ The Institut Universitaire de Technologie de Lorient in France has carried out extensive research into the safety and health of work in artisanal and semi-industrial fisheries. Other important work has been completed, or is under way, in many other institutions in Europe as well as in other regions. While the extent of the coordination of such efforts is unclear, Chapter 4 will outline how the work of several European institutions has been coordinated by the European Commission. Chapter 5 will describe possible means of exchanging information on safety and health in the fishing industry among research institutions through the ILO SafeWork programme and existing ILO information tools. This work could be coordinated with the FAO and the IMO.

Training, certification and raising awareness

Training and certification requirements vary among different countries, though some harmonization is likely to be achieved by the implementation of the International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel, 1995 (see Chapter 5). Certification requirements are linked to vessel size and position on board (skipper, mate, engineer, etc.). Some national programmes include training on occupational safety and health matters for both new entrants and existing fishermen (Denmark, Norway and the Russian Federation). As will be discussed in Chapters 5 and 6, only a few States have ratified international standards concerning the training and certification of fishermen.

Training is not only a matter of setting standards but also of obtaining funding and developing a proper training infrastructure. In some States (e.g. Norway and Denmark -- see box 3.3), innovative apprenticeship programmes have combined classroom and practical experience to prepare the next generation of multiskilled fishermen. In others, there appears to be little funding available and training still appears to be done "on-the-job". The ministries and agencies responsible for education, labour and fisheries coordinate on comprehensive training programmes. A discussion of the ILO Vocational Training (Fishermen) Recommendation, 1966 (No. 126), is included in Chapter 5.
 

In some artisanal fisheries, a problem associated with training is the lack of basic education (e.g. reading skills) among many poor fishermen. Some countries, notably with the help of the FAO, have produced well-illustrated training material for use by such fishermen. However, much more needs to be done in this area, particularly with the introduction of new technologies and the move away from traditional means of educating fishermen, focused on learning from elders.

Promoting safety awareness is essential. In some countries, awareness campaigns have been and are being used to bring about a better understanding of risks and prevention measures. This includes the printing and distribution of guides, pamphlets, videos and other material (e.g. Canada, Chile, Denmark, United Kingdom) as well as voluntary inspection programmes (United States), mobile safety demonstrations (United Kingdom) and frequent campaigns (Chile, Morocco). Some organizations (e.g. the WAFIC in Australia and the NPFVOA in the United States) issue periodic magazines or newsletters. One of the obstacles to reaching fishermen, however, is that they are out at sea, working, and out of reach. One apparently successful means of reaching them has been to aim the safety awareness campaigns not only at fishermen but also at their spouses and family members.

Inspection and risk assessment

Requirements for the inspection of fishing vessels vary. In some countries (e.g. EU Member States, Russian Federation) maritime authorities carry out regular inspections of safety equipment. In others, fishing equipment, permits and licences are checked, but it is not always clear whether such inspections extend to safety and health aspects.⁽³⁾ In Namibia, the Ministry of Health may carry out inspections of water, provisions, accommodation and medicine chests.⁽⁴⁾ The United States has a voluntary inspection programme for certain vessels. Many countries may lack the resources to carry out effective inspection programmes, and if they do have the resources, emphasis is often on construction, fire-fighting and life-saving equipment rather than on other safety and health aspects.

Limited information has been found on the inspection of safety and health aspects on board foreign flag fishing vessels visiting ports, though, as noted in Chapter 5, the port State control of certain aspects of fishing vessel safety (life-saving equipment, fire-fighting equipment, certification of skippers, etc.) is dealt with in IMO Conventions.⁽⁵⁾ There are no port State control provisions in any of the ILO Conventions specifically concerned with fishing.

In the United Kingdom, fishermen are required to carry out their own assessment of risks to safety and health on their vessels (see box 3.4). This self-assessment approach would seem to take into account the need to address safety and health problems, limitations on the ability of government to carry out inspections (often due to lack of resources) and the self-reliant and independent nature of many fishermen (who may prefer self-inspection to government inspection). It is unclear, however, whether this programme has been successful for all fishermen. A Canadian tripartite committee also recommended a self-assessment approach in 1987, but it is unclear whether this recommendation has been implemented.
 

The background and training of fishing vessel safety inspectors is an important issue for many fishermen. In some countries, inspections are carried out by coast guard, ex-navy or ex-merchant marine officers. If these inspectors have no commercial fishing experience, they may be resented by the fishermen whose vessels are being inspected. This is especially true when a fee is being charged. Frequent rotation of inspectors, which may make it hard for them to develop a thorough understanding of local issues, also causes some concern.

Lowering the cost of regulation

As noted in Chapter 2, many fishermen have resisted carrying certain safety equipment (and have resisted regulations requiring that such equipment be carried) due to cost. Some States have tried to reduce the cost of such equipment through special programmes. In Canada, a special programme lowered the cost and improved the usefulness of immersion suits (see box 3.5). In Ireland, a government vessel safety equipment grants scheme helps fishermen to purchase safety equipment.⁽⁶⁾ In the Netherlands, a suggestion stemming from a project involving employers, government agencies and a research institute proposed that the Government should take a systematic approach to safety improvement -- including hazard identification -- and once hazards are identified, the fishermen themselves should be involved in finding cost-effective solutions.⁽⁷⁾
 

Small-scale and artisanal fishermen

In some countries there is little regulation of the safety and health of small-scale and artisanal fishermen, while others appear to have well-developed programmes. Japan regulates fishing vessels down to 3 grt (and less for vessels operating outside coastal waters). Norway has recently put in place substantial requirements (including certification requirements) concerning vessels down to 10.67 metres. The United Kingdom is working to extend its regulations to fishing vessels below 12 metres, though this effort has met with some resistance for cost and other reasons. In Senegal, a code of conduct aimed at improving the safety of pirogues has been considered. India's Merchant Shipping Act contains provisions stipulating that all fishing vessels should carry safety equipment and be subject to inspections.⁽⁸⁾ Israel's approach to the regulation of small-scale vessels and work in Guinea related to artisanal fishing are described in boxes 3.6 and 3.7 below.

As noted in Chapter 2, artisanal and small-scale fishermen may be particularly vulnerable to major storms. India has a working cyclone warning system based on satellite observations and a network of coastal radars coupled to a network of radio receivers. The main problem is bringing the warnings to all fishermen at sea and on the beach in good time. Following the cyclone of 1990 a scheme was introduced to alert artisanal fishermen of approaching cyclones through a VHF radio system. A special radio station was set up and radios were distributed at no cost to fishermen.⁽⁹⁾

Medical fitness examinations, treatment
and insurance

In many countries, fishermen are required to undergo medical examinations (as indicated in Chapter 6, 29 countries have ratified the ILO Convention on this subject). However, it is unclear whether this requirement extends to small-scale or artisanal fishermen.

Most countries appear to have requirements for training fishermen (or at least skippers, mates and engineers) in first aid (an STCW-F⁽¹⁰⁾ requirement). Generally, the larger the vessel, the greater the requirements for medical training and equipment. Some very large vessels, such as factory trawlers, may carry medical doctors on board. There have been some innovations in providing medical care at sea (see box 3.8). Recent advances in technology have made it easier for fishermen to communicate with shoreside medical advisory services (e.g. the transfer of video images of injuries may soon become cost-effective). It is unknown to what extent the costs of such medical advisory services are being covered by States or, if not, to what extent fishing vessel owners are paying for them.
 

Reporting and investigating accidents

Many countries require that accidents involving death or serious injury be reported to the government authorities. In Norway the reporting requirements are somewhat detailed and special forms are provided for this purpose (see box 3.9). In the United States, fishermen are required by law to notify the master, or the person in charge of the vessel, or their agent, of any illness, disability or injury suffered when in the service of the vessel. Accidents requiring more than just first aid must then be reported to the Coast Guard. In China, fishing accidents are reported to the Ministry of Agriculture or local fisheries agencies. In the Philippines, accidents involving medium-sized and small vessels are reported to municipal police stations.
 

In the Russian Federation, a special commission investigates accidents. In the United States, the Coast Guard will investigate if the accident is considered very serious or if important lessons are to be learnt from it. Serious accidents in Canada, the United Kingdom and the United States may lead to investigations by transportation safety boards or other investigative bodies. In Norway, a maritime investigator inspects losses of vessels, working accidents and personal injuries and may decide to start an investigation, particularly if the inspection does not clarify the cause and the incident is of a serious nature.

Search and rescue

Search and rescue (SAR) services are generally more adequate in the developed than in the developing world. In Canada, these services are provided by the Coast Guard as well as by several non-governmental organizations, while in the United States, the Coast Guard is the primary provider. In Japan, the Marine Safety Agency handles this work. In the United Kingdom, it is the RNLI and the Coast Guard, and in Israel, the Police Coast Guard, which provide such services.⁽¹¹⁾

In some countries little consideration is given to SAR services for small-scale or artisanal fishermen due to insufficient awareness, lack of resources, lack of personnel knowledgeable about marine safety problems, lack of suitable craft, geographical considerations (e.g. numerous remote islands), inadequate technical and institutional infrastructure and other reasons. Because many fishermen are not politically powerful, and because there are no compelling statistics on losses, this issue is often overlooked -- though, more recently, fishermen have become more active in pushing such services or organizing them on their own.⁽¹²⁾

1.  FFAW: Professionalization of Newfoundland fish harvesters, Discussion paper (St. John's, Newfoundland, Dec. 1994).

2.  W.A.M. Hoefnagels and K. Bouwman: "Safety aboard Dutch fishing vessels", Proceedings of the International Symposium on Safety and Working Conditions aboard Fishing Vessels, Rimouski, Canada, Aug. 1989.

3.  Though 22 States have ratified the Accommodation of Crews (Fishermen) Convention, 1966 (No. 126), which provides for the inspection of these areas.

4.  Communication from the Ministry of Works, Transport and Communication, Namibia.

5.  The ILO Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147), provides, in Article 4(1), that: "If a Member which has ratified this Convention and in whose port a ship calls in the normal course of its business or for operational reasons receives a complaint or obtains evidence that the ship does not conform to the standards of this Convention, after it has come into force, it may prepare a report addressed to the government of the country in which the ship is registered, with a copy to the Director-General of the International Labour Office, and may take measures necessary to rectify any conditions on board which are clearly hazardous to safety or health." The Convention does not apply to "ships engaged in fishing or in whaling or in similar pursuits".

6.  The programme finances 50 per cent of the cost of purchasing and fitting life-saving, fire-fighting, navigational and safety equipment. By early May 1999, over 500,000 Irish pounds had been spent on 93 vessels, from "Woods commends fishermen's response to safety scheme", in FishBytes at http://www.irishmarine.com/news/05051999a.html.

7.  H.P. Pröpper: An analysis and evaluation of occupational accidents and possible solutions for technical safety improvements on Dutch beam trawlers, Paper submitted to the Second International Symposium on Safety and Working Conditions aboard Fishing Vessels, Bamio, Spain, Sep. 1992.

8.  M. Ben-Yami: Risks and dangers in small-scale fisheries: An overview, an unpublished paper.

9.  Ben-Yami, op. cit.

10.  International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel, 1995.

11.  Ben-Yami, op. cit.

12.  ibid.

This page was created by RP/CP. Updated by AN/BR. It was approved by BW/OdVR. It was last updated , 13 February 2002.

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