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Safety and Health in the Fishing IndustryReport for discussion at the Tripartite Meeting on Safety and Health in the Fishing IndustryGeneva, 13-17 December 1999International Labour Office GenevaCopyright ©2000 International Labour Organization (ILO)
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4. Regional
measures and initiatives on
safety and health in the fishing industry
This section reviews examples of regional cooperation on safety and health in the fishing industry. Most of it concerns the work of the European Commission. Information on FAO subregional seminars and workshops in Africa, Asia and the Caribbean is presented in Chapter 5.
Guidelines
for the Safety of Fishing Vessels of
24 metres and over but less than 45 metres
in length Operating in the East and
South-East Asia Region(1)
In 1997, the Conference(2) on the Safety of Fishing Vessels Operating in the East and South-East Asia Region, organized by Japan, was held in Tokyo in order to adopt uniform regional standards for the safety of fishing vessels as called for in the Torremolinos Protocol of 1993 relating to the Torremolinos International Convention for the Safety of Fishing Vessels, 1977. The Conference adopted the Guidelines for the Safety of Fishing Vessels of 24 metres and over but less than 45 metres in length Operating in the East and South-East Asia Region.
The Guidelines focus on vessel construction and equipment, including safety equipment. They apply to new fishing vessels of 24 metres and over in length but less than 45 metres in length, registered or licensed by participating authorities, which are located in the territory of these authorities and which navigate and operate in the East and South-East Asia Region. These vessels are to comply with certain chapters of the Annex to the Torremolinos Protocol and with the Guidelines. The areas covered are: general provisions; machinery and electrical installations and periodically unattended machinery spaces; fire protection, fire detection, fire extinction and fire-fighting; life-saving appliances and arrangements; and radiocommunications.
Council
Directive 97/70/EC of 11 December 1997
setting up a harmonised safety regime for
fishing vessels of 24 metres in length and over
Following the adoption of the Protocol to the Torremolinos Convention (see Chapter 5), the European Commission proposed a harmonized safety regime, based on the Torremolinos rules, for vessels of 45 metres in length and over and adapted as far as necessary to take into account the local conditions of the areas where the vessels operate. It also decided to legislate on fishing vessels of 24 metres in length and over. The Commission consulted government experts of Member States, fishing vessel owners, builders, classification societies and fishermen when preparing the Directive.
Council Directive 97/70/EC applies to fishing vessels flying the flag of an EU Member State or operating in the internal waters or territorial sea of a Member State or landing their catch in a port of a Member State. In general, it provides that fishing vessels should comply with the relevant provisions of the Annex to the Torremolinos Protocol and that Member States should ensure that the requirements in certain chapters of the Annex -- which apply to vessels of 45 metres and over -- are also applied to new fishing vessels of 24 metres in length and over, flying their flag, unless otherwise provided in Annex II of the Directive. Additional requirements are provided in Annex III (regional and local provisions) and Annex IV (specific safety requirements). A certain degree of flexibility is allowed. Annex V provides a format for the certificate of compliance, the record of equipment and the exemption certificate. Article 7 provides for the control of fishing vessels operating in the internal waters or territorial sea of a Member State or landing their catch in its ports.
Consideration
of possible requirements
for safety and health on fishing vessels
under 24 metres in length
The Commission is also considering action to improve safety and health on fishing vessels less than 24 metres in length.(3) In this regard, it contracted a consulting firm to assess the need for and feasibility of future Community action. Proposals prepared by a consultant and sent to fishing industry employers and workers for their views, mainly address fishing vessel construction, stability, watertight integrity and resistance to fire of hulls and internal spaces, machinery, electrical installations, navigational and radio communications equipment and safety appliances. They draw, inter alia, not only on the Protocol to the Torremolinos Convention but also the FAO/ILO/IMO Code of Safety for Fishermen and Fishing Vessels, Part B, and the FAO/ILO/IMCO Voluntary Guidelines for the Design, Construction and Equipment of Small Fishing Vessels but apparently do not draw upon the FAO/ILO/IMO Code of Safety for Fishermen and Fishing Vessels, Part A, which focuses on safety and health issues, though there are some provisions on crew protection (see Chapter 5 for a description of these guidelines and codes). Proposed requirements concern: existing vessels over 24 metres in length, new and existing vessels between 15 and 24 metres, new vessels between 10 and 15 metres, existing vessels between 10 and 15 metres, new vessels of less than 10 metres and existing vessels of less than 10 metres.(4)
Council
Directive 93/103/EC of 23 November 1993
concerning the minimum safety and health
requirements for work on board fishing vessels
This Directive is particularly relevant to discussions at the Tripartite Meeting as it concerns primarily occupational safety and health issues as opposed to prevention of vessel casualties. It also covers all sizes of fishing vessels. For these reasons it will be described in detail.
The Directive applies to all existing fishing vessels above 18 metres, to new fishing vessels above 15 metres and to all persons working on board these vessels, including trainees and apprentices. New fishing vessels were to comply by 23 November 1995, and existing fishing vessels by 23 November 2002. Fishing vessels which undergo extensive repairs, conversions and alterations on or after 23 November 1995 are also to comply.
EU Member States are to take measures to see that owners ensure that their vessels are used "without endangering the safety and health of workers". Occurrences at sea which affect or could affect the safety and health of the workers on board are to be described in a detailed report and be forwarded to the relevant competent authorities and recorded carefully and in detail in the ship's log. Such a log, or other documentation, is to be required by national legislation or regulations. States are also to take the measures necessary to ensure that, as regards compliance with the Directive, vessels are subject to regular checks by authorities specifically empowered to carry out such checks.
EU Member States are to make sure that owners:
Workers and their representatives are to be informed of all measures taken regarding safety and health on board vessels, and the information provided is to be comprehensible to the workers concerned.
Workers are to be given suitable training, in particular in the form of precise, comprehensible instructions, on safety and health on board vessels and on accident prevention in particular. Training shall cover in particular fire-fighting, the use of life-saving and survival equipment, the use of fishing gear and hauling equipment and the use of various types of signs including hand signals. Training is to be updated where this is required by changes in the activities on board. Persons likely to be in command of a vessel are to be given detailed training on: the prevention of occupational illness and accidents on board and the steps to be taken in the event of an accident; stability and maintenance of the vessel under all foreseeable conditions of loading and during fishing operations; and radio navigation and communication, including procedures.
The Directive calls for the consultation of workers and/or their representatives and their participation in discussions on the matters in the Directive in accordance with Article 11 of Directive 89/391/EEC.(5)
Article 12 of the Directive, Adaptation of the Annexes, provides for "purely technical" adaptations of the annexes to the Directive to take account of: the adoption of directives in the field of technical harmonization and standardization concerning certain aspects of safety and health on board vessels; and technical progress, changes in the international regulations or specifications and new findings in the field of safety and health on board vessels.
EU Member States were to bring into force the laws, regulations and administrative provisions necessary to comply with the Directive by 23 November 1995. They are to report to the Commission every four years on the practical implementation of the provisions of the Directive, indicating the points of view of employers and workers (the first reports due 23 November 1999).
Annex I, Minimum safety and health requirements for new fishing vessels, includes requirements covering seaworthiness and stability; mechanical and electrical installations; radio installation; emergency routes and exits; fire detection and fire-fighting; ventilation of enclosed workplaces; temperature of working areas; natural and artificial lighting of workplaces; decks, bulkheads and deckheads; doors; traffic routes -- danger areas; layout of workstations; living quarters; sanitary facilities; first aid; accommodation ladders and gangways; and noise. Annex II, Minimum safety and health requirements for existing fishing vessels, includes requirements concerning the same subject areas (except for "noise"), though of a generally less rigorous standard. Annex III, Minimum safety and health requirements concerning life-saving and survival equipment, includes, inter alia, requirements covering equipment to be carried, how frequently it must be inspected and the frequency and nature of emergency drills. Annex IV, Minimum safety and health requirements concerning personal protective equipment, requires workers to be provided with personal protective equipment and for it to be brightly coloured and to contrast with the marine environment.
Council
Directive 92/29/EEC of 31 March 1992
on the minimum safety and health requirements
for improved medical treatment on board vessels
This Directive applies to seagoing or estuary fishing vessels, and covers all workers on board a vessel. Its requirements relate to: medicines and medical equipment; antidotes; allocation of responsibilities; information and training; medical consultations by radio; inspection (of medical supplies and equipment); and the means (a committee) for updating the Directive to take into account technical progress or changes in international regulations or specifications and new findings in the field. It came into force on 31 December 1994, and EU Member States are to report to the Commission every five years (first report 31 December 1999) on its implementation, giving the views of the two sides of industry.
The Directive distinguishes between three categories of vessels: (a) seagoing or sea-fishing vessels with no limitation on lengths of trips; (b) seagoing or sea-fishing vessels making trips of less than 150 nautical miles from the nearest port with adequate medical equipment; and (c) harbour vessels, boats and craft staying very close to shore or with no cabin accommodation other than a wheelhouse. Category (b) shall be extended to seagoing or sea-fishing vessels which make trips of less than 175 nautical miles from the nearest port with adequate medical equipment and which remain continuously within range of helicopter rescue services. A long and non-exhaustive list of medical supplies, medical equipment and antidotes is annexed to the Directive. Account is also to be taken of dangerous substances carried on board. A "General framework for the inspection of vessels' medical supplies" is provided for each of the three categories of vessels. There are also special training requirements for captains and designated workers.
The debate on working time in sea fishing(6)
There has been an effort in Europe to try to reach agreement on whether and how to control working time on fishing vessels. This has been a difficult issue and, at the time this report was written (early 1999), it had not been settled.
On 23 November 1993, the Council of Ministers adopted Directive 93/104/EC on certain aspects of the organization of working time, which aims to ensure that workers are protected against adverse affects on their health and safety caused by working excessively long hours, inadequate rest or disruptive work patterns. The Directive provides for minimum daily rest periods, maximum average length of the working week, paid holidays and limits on night work. It excludes sea transport and sea fishing (as well as some other sectors).
The Commission has since prepared a draft proposal for a Council Directive on working hours in sea transport, following an agreement by European shipowners and seafarers which reflects the provisions of the ILO's Seafarers' Hours of Work and the Manning of Ships Convention, 1996 (No. 180). The issues of hours of work and rest for sea fishing had not been settled when this report was prepared. Employers had opposed the application of Directive 93/104/EC to fishing, citing the specific nature of the industry and the principle of subsidiarity and noting the large number of self-employed workers, the financial consequences for share fishermen and the diverse nature of the industry in Europe. Trade unions, on the other hand, had argued that the action was necessary to protect fishermen from long working hours. The unions felt that the exclusion from Directive 93/104/EC was unnecessary, as that Directive provided suitable derogations.
The Commission has also been active in promoting the safety training of fishermen, drawing on the knowledge and experience of Member States and their many training and research institutes. For example, in 1993 it produced a publication entitled Health and safety training in the fishing industry, which deals with the prevention and analysis of accidents. This has been published in nine languages,(7) and related training sessions for instructors have been organized in most EU Member States. Similarly, the Commission has carried out a training programme on ergonomics in fishing, aimed at avoiding injuries and unnecessary fatigue.(8)
Study and Action Committee for Safety in Sea Fisheries(9)
Europe also provides an interesting example of regional social dialogue related to safety and health in the fishing industry.
The Study and Action Committee for Safety in Sea Fisheries, which has trade union support, is working, together with national regulatory bodies of EU Member States, vessel owners and existing safety organizations, to harmonize actions to increase fishing safety in Europe. With the Health and Safety Working Group of the Joint Committee for Social Problems in the Sea Fishing Sector, it has organized meetings throughout Europe (in three groupings of countries) to analyse laws and regulations concerning safety and health in the fishing industry and reveal where changes are needed at the European or national level. Meetings held in Denmark, France and Spain in 1998 and 1999 were attended by experts from EU Member States, invited States, fishermen's organizations, national regulatory bodies, safety organizations and vessel owners. The Committee is working towards the establishment of a central database(10) to collect relevant information from each country.
1. Information in this section is based on IMO: The report of the Conference on the Safety of Fishing Vessels Operating in the East and South-East Asia Region, 68th Session of the Maritime Safety Committee (London, doc. MSC 68/INF.10, 28 Feb. 1997).
2. Authorities from China, Indonesia, Japan, Republic of Korea, Malaysia, Philippines, Thailand and Hong Kong, China, were represented.
3. Correspondence dated 1 Feb. 1999 from G. Lalis, Director, Directorate D -- Maritime Transport, European Commission.
4. Willem van Berlekom et al.: Fishing vessel safety -- Recommendations for complementary Community action for harmonisation of the safety regimes, Report 974382-2 prepared for the European Commission (Göteborg, SSPA Maritime Consulting, July 1998).
5. Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work is a "framework" Directive which serves as a basis for individual directives. It aims to ensure a higher degree of protection of workers at work through the implementation of preventive measures to guard against accidents at work and occupational diseases, and through the informing, consultation, balanced participation and training of workers and their representatives.
6. Information on the debate on working time in the sea-fishing sector in Europe has been taken substantially from the White Paper on Sectors and Activities Excluded from the Working Time Directive at http://europa.eu.int/comm/dg05/soc-dial/labour/white/whiteen.htm and from "EU leaves door open on work directive", in World Fishing (Kent, Nexus Media Ltd.), Nov. 1998, Vol. 47, No. 11.
7. Danish, Dutch, English, French, German, Greek, Italian, Portuguese and Spanish.
8. L. Dutailly: "The activities of the Commission of the European Communities with regard to safety and working conditions in the sea fishing industry", Proceedings of the International Symposium on Safety and Working Conditions aboard Fishing Vessels, Rimouski, Canada, Aug. 1989.
9. "Europeans set up safety committee", in World Fishing, Nov. 1998, Vol. 47, No. 11, and personal communications with Christine de Bruyne, project leader, Study and action centre to prevent accidents in the fishing industry, at SACV@village.uunet.be.
10. The European Agency for Health and Safety at Work may act as the regulatory body for the proposed database.
This page was created by RP/CP. Updated by AN/BR. It was approved by BW/OdVR. It was last updated , 13 February 2002.
