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Annex 1

Additional information on national measures to
improve safety and health in the fishing industry

The following provides additional information on how some countries have addressed safety and health issues in the fishing industry. This is by no means a thorough review of all ILO member States or even all measures taken in the countries concerned. The intention is to provide some examples of how these issues have been addressed in various regions with different types of fisheries and levels of economic development in order to stimulate discussion at the Tripartite Meeting.

Canada

In 1992 there were 89,200 registered fishermen in Canada -- down from a high of 95,600 in 1988. ⁽¹⁾ In 1995 the fishing fleet was comprised of 18,280 vessels of a total of 611,200 grt. This included an estimated 455 trawlers, 620 purse seiners, 155 other seiners, 3,420 gill netters, 5,845 trap setters, 1,210 longliners, 1,255 other liners, 275 multi-purpose vessels, 2,800 other fishing vessels and 2,245 other non-fishing vessels. A large number of vessels (over 13,000) were under 25 metres in length. ⁽²⁾ There are different requirements for fishing vessels exceeding 24.4 metres in length or 150 gt, those exceeding 24.4 metres in length that do not exceed 150 gt and smaller vessels. While these regulations cover construction and life-saving appliances, they do not generally concern occupational safety and health matters. Fishing vessels of more than 60 gt must have on board and employ a certified master, as well as carry a suitable number of qualified crew members in order to safely operate the vessel and equipment for the type of fishery or fishing watch schedule that may be in use on board the vessel while at sea. ⁽³⁾ Medical certificates are required. There are general marine occupational safety and health regulations, though they do not specifically refer to fishing vessels.

Transport Canada (Marine Safety Branch) regulates safety at the federal level. The Department of Fisheries and Oceans (Coast Guard) is responsible for search and rescue operations and safety promotion, while the Transportation Safety Board conducts investigations of accidents. ⁽⁴⁾ The Department of Labour, following two Court of Appeal decisions in 1987 which diminished federal activities in this area, plays a relatively minor role in fishing safety.⁽⁵⁾

From 1982-86, the fishing industry experienced an annual fatality rate of 28 (with 51 deaths reported in 1987). Ninety per cent of these occurred in vessels under 60 gt and most involved either foundering, capsizing, grounding or fire and explosion, and, more often than not, were seen to have resulted from human error.

In 1987, a meeting of the federal and provincial ministers considered the issue of occupational safety and health in the fishing industry. The ministers were concerned with the number of accidents and fatalities in the fishing industry, particularly the small vessel sector, where the normal employer-employee relationships, upon which the system of occupational safety and health tends to be based, were largely absent. They decided to establish a tripartite (government/industry/labour) committee with a general mandate to make recommendations to them as to how the level of occupational safety and health in the industry might be improved.

The Committee held national and regional meetings. It observed that jurisdiction over occupational safety and health matters in the fishing industry was unclear though jurisdiction over operational safety in the fishing industry was considered to clearly fall under the purview of the Coast Guard, which had authority to inspect vessels of 15 gt and over. It was recommended that this authority be extended to cover smaller vessels and that, as a complementary measure, a system of self-regulation be developed. A universal, mandatory system of training was recommended, including a requirement that by 1995 all fishermen should be required to obtain a certificate of attendance at a safety training course as a prerequisite to obtaining a fishing licence. It was also recommended that fishermen be protected against losing unemployment insurance benefits when attending safety courses.⁽⁶⁾

Maritime safety, including fishing safety, is discussed at the national level by a standing body, the Canadian Marine Advisory Council (CMAC). The CMAC advises the Commissioner of the Coast Guard on the development of national and international standards and codes concerning maritime safety. This is achieved through a national council and five regional councils.⁽⁷⁾ The CMAC, through its committees and working groups, periodically discusses issues relevant to the fishing industry. Proposals have recently been made for a special sub-group to deal specifically with fishing vessel safety.

Fishermen are generally insured through workers' compensation. In British Columbia, the Workers' Compensation Board is authorized to make regulations, conduct inspections, issue orders and undertake sanctions for the prevention of occupational injuries and diseases. Regulations concerning fishing operations were put into effect in 1995 and apply to all owners, masters and crew members of licensed fishing vessels. They set out, among other things, owner and master responsibilities, documentation requirements, instructions to crew, crew member responsibilities, requirements for reporting injuries and specific requirements concerning fishing vessel facilities, equipment and operations.⁽⁸⁾ The Board also produces reports on accepted claims in respect of short-term disability, long-term disability and fatalities in the fishing industry.

Chile⁽⁹⁾

Chile has both industrial and artisanal fishing sectors. In 1997, the industrial sectors consisted of 541 ships, of a total of 213, 861 gt, and 237 shipowners. Industrial fishing caught 81 per cent (5.15 million tonnes) of the overall catch. The artisanal fleet employed 31,333 persons, including both owners and crew, with 13,178 vessels catching 12 per cent (763,947 tonnes) of the overall catch.

Chile applies both maritime and occupational safety and health regulations to fishing which are consistent with the FAO/ILO/IMO Code of Safety for Fishermen and Fishing Vessels.

Several ministries, government agencies and non-governmental agencies are involved in fishing vessel safety. The Dirección General del Territorio Marítimo y Marina Mercante, which comes under the Chilean Navy, is responsible for enforcing laws and international agreements concerning maritime safety and marine pollution prevention. The employers' mutual insurance organizations are responsible for insurance covering injuries and occupational diseases. The Ministry of Health -- through its health services -- checks and controls health conditions at the workplace. The Ministry of Labour inspects and controls standards concerning safety at work and establishes joint committees on safety and health.

In the overall fishing sector (both at sea and ashore) the majority of accidents are in the fleet (53 per cent), followed by fish-processing plants (29 per cent) and other areas (18 per cent). Most accidents concerning fishermen are related to the work of setting and hauling trawls. The most frequent types of accidents result from hitting against or being hit by objects involved in fishing operations, especially when the conditions of the sea are adverse or during night work (48 per cent of injuries involve the arms). As concerns occupational health, 66 per cent of reported cases involve skin-related diseases.

The Asociación Chilena de Seguridad (ACHS), which has a special unit concerned with safety and health in the fishing sector, has been implementing a safety programme in the industrial fleet for many years. The objective of the programme is to improve accident rates in the sector. Indeed, over the period 1992-98, there has been a steady decline in accidents which has been achieved through training -- in such areas as risk prevention -- and exchanging experiences at the national level. The ACHS assists companies in a number of ways, arranging both general training courses (including first aid) and courses specifically aimed at fishing operations. It has also produced a series of manuals, videos and posters covering such issues as maritime safety, trawling safety, survival at sea, safe navigation, safety in preparing and repairing nets and other topics. The ACHS is conducting a study of working conditions in the fishing sector. A psychologist and sociologist are working with the Association with the aim of achieving a deeper level of understanding of fishing safety and health issues.

China⁽¹⁰⁾

China has 1.11 million marine fishermen, 20,000 of whom are engaged in deep-sea fishing operations. It has a total of 270,000 fishing vessels, categorized by engine power, with the vast majority (213,000) under 45 kW.

The Bureau of Fisheries Administration and Fishing Port Superintendence, together with the Ministry of Agriculture, is the authority responsible for monitoring the safety of fishing and fisheries auxiliary vessels and ensuring adherence to national laws and regulations and international standards signed by China. The Bureau of Fishing Vessel Inspection is responsible for developing the inspection criteria for fishing vessels and equipment and conducting inspections.

Each year, roughly 400 fishermen are listed as dead or missing, and about 100 as seriously injured. The regulation of statistics and reporting of fishing vessel accidents system classifies such accidents into five grades by degree of seriousness. Each month, a statistical tabulation of fishing vessel accidents must be submitted to the Ministry of Agriculture for each vessel. Accidents on fishing vessels of state-owned enterprises, and those on fishing vessels of partially state-owned and private organizations must be reported to local offices of the fisheries agencies and within 24 hours this information must be submitted to the Bureau of Fisheries. Currently, there are no specialized institutions conducting research on the health and safety of fishermen in China. However, research is being carried out in several fisheries universities or colleges.

A general labour law, which also applies to fishermen, requires employers to comply with regulations on safety and health, to develop a safety system and to educate workers on how to eliminate accidents and occupational injuries. The employer must also provide workers with protective equipment and safe working conditions and must conduct regular medical examinations of those involved in dangerous work. Workers are to observe safety procedures. Laws and regulations concerning safety at sea, which include special regulations for fishing vessels, call for registration and inspection of the fishing vessel, training and certification of key personnel, the issue of visas to vessels when entering or leaving port (among other reasons, to check whether they have complied with safety regulations), and safe navigation. There are penalties for violations. The Bureau of Fisheries Administration and Fishing Ports is authorized to exercise control over fishing vessels. Captains, navigators, chief engineers and engineers are required to undergo training, examination and certification before working abroad, and fisheries personnel applying for certification must have a health certificate, seagoing experience and have completed examinations.

Technical training for professional fishermen includes fishing safety and vessel stability. Fishing vessel personnel on vessels of 150 kW and above receive training regarding survival in the water, use of lifeboats and life-rafts, fire-fighting and fire prevention, and first aid. A safety training programme has also been developed for vessels under 150 kW. To ensure consistency with the STCW-F Convention, China is also considering Global Maritime Distress and Safety System (GMDSS) training and radar simulator training for fishermen.

A regulation covering medical insurance for fishermen is under consideration. Medical and life insurance can be bought by individuals. Fishing enterprises are required to buy life insurance for their employees. At present, fishing vessels are not required to be equipped with medical facilities though some larger vessels carry emergency medical supplies.

There are also requirements concerning the design and construction of new fishing vessels of 45 kW and over, including vessels transferred to fishing from some other activity. Fishing vessels are inspected every four years. If a vessel suffers a casualty or mechanical problem or requires repairs, it must be inspected. Smaller vessels only undergo basic inspections.

Japan⁽¹¹⁾

In 1995, 86 Japanese fishermen died in various accidents, while 673 Japanese fishing boats, among them 567 fishing boats of less than 20 grt, needed assistance from the search and rescue services of the Marine Safety Agency. The following concerns small vessels.

Small fishing vessels (under 20 grt) employed in harvesting seaweed, as well as any other small fishing vessels operating only within the 12-mile coastal strip must have flares or cellular telephones on board. All other small fishing vessels must carry Emergency Position Indicating Radio Beacons (EPIRB) and radar transponders. For fishing vessels of 20 grt or over there are mandatory detailed safety standards and government inspection. For fishing boats between 3 and 20 grt, a mandatory "non-detailed" safety standard is provided jointly by the Ministry of Transport and Ministry of Agriculture, Forestry and Fisheries. It covers watertight hull integrity, essential engine tools and equipment, bilge pumps, steering, mooring and anchoring equipment, life-saving equipment, fire-fighting equipment, evacuation equipment, navigation instruments, stability and manoeuvrability requirements. Inspections are carried out by the Japan Craft Inspection Organization. Additionally, the Fisheries Agency provides voluntary guidelines for fishing boats between 3 and 20 grt, which cover operation practice, daily maintenance, hull structure, accommodation, navigation aids, pump, engine, electric facilities, and requirements for freeboard, metacentric height, righting arm and roll period, and life-saving and fire-extinguishing equipment. There are no mandatory safety requirements or inspections for boats of less than 3 grt, except if they operate outside the 12-mile coastal zone in which case they are inspected according to the mandatory standards.

Republic of Korea⁽¹²⁾

In 1998, there were 34,441 fishermen in Korea -- 7,754 on deep-sea fishing vessels, including overseas foreign ships, and 26,657 on coastal fishing vessels. Among these there are 9,468 (27.5 per cent) officers and 24,943 (72.56 per cent) ratings. Since 1990 the number of deep-sea fishermen has dropped from around 31,500 to 7,800. A larger portion work on coastal sea-fishing vessels. In the coastal fleet, fishermen are often members of the family of the owner or captain. The coastal fishing fleet has in recent years suffered shortages of fishermen. There are 1,096 Korean fishermen (578 officers and 518 ratings) employed on foreign vessels around the world. A shortage of fishermen led in 1998 to the hiring of 4,737 foreign fishermen for Korean vessels. These foreign fishermen were Chinese nationals, many of whom were ethnic Korean and could speak the Korean language (1,793), as well as Indonesians (1,740), Vietnamese (1,004) and a small number of Indians, Filipinos and citizens of Myanmar.

In 1998, the Korean fleet stood at 90,997 fishing vessels of a total of 978,334 gt. Of these, 628 (357,412 gt) were distant-water fishing vessels, 64,284 (438,205 gt) were near-sea vessels, 20,911 (27,894 gt) were aquaculture vessels and 2,624 (1,703 gt) were inland fishing vessels; 2,550 were non-powered vessels. In deep-sea fishing there were 41 vessels over 2,000 gt and 151 vessels over 500 gt. The majority of coastal fishing vessels (95 per cent) are under 200 gt. The main types of fishing in deep-sea fisheries are trawling, longlining and jigging. Bottom trawling, set nets and fish pots are used in coastal seas.

Fishing issues and policies are handled by the Ministry of Maritime Affairs and Fisheries, which also oversees the Coast Guard.

In 1998, 1,715 accidents were recorded in the fishing fleet. These were classified according to the categories of missing, loss of life, sickness and injury, handicapped and others. The highest casualties were sickness and injury (1,300), loss of life (110), handicapped (257) and missing (48). A total of 49.8 per cent (935) of accidents occurred in the coastal fisheries. In coastal fishing, masters and chief engineers suffered 86 per cent of all accidents (101 of 117) among officers, while among ratings the accident rate was highest for the lowest ranks (1,076 of 1,193 accidents -- 90 per cent). For Koreans employed on foreign-flag fishing vessels, the fatalities among masters is much greater than in the Korean flagged fleet (16 on foreign flag vessels, one on Korean flag vessels).

Owners of Korean fishing vessels are required to have accident insurance for fishermen. Insurance agencies are classified by fishing zones. For coastal fishing, insurance is mainly provided through the Korean Fisheries Cooperative Association. Private insurance companies and P&I clubs insure ocean-going fishing and foreign-flag fishing vessels.

Morocco⁽¹³⁾

In 1998 there were an estimated 99,343 people employed in the fishing industry of Morocco. These included 11,231 in the deep-sea fisheries, 42,373 in the coastal fisheries and 44,916 in the artisanal fisheries. Another 178 worked on scientific research vessels, life-saving vessels and training vessels. There were also 645 fishermen working on board foreign fishing vessels. The fishing fleet includes 431 coastal trawlers, 354 trawler-seiners, 417 trawler-freezers, 430 coastal seiners, 1,099 coastal longliners, and smaller numbers of other types of trawlers and seiners. There are roughly 446 deep-sea fishing vessels, 2,664 vessels operating in coastal waters and 12,000 artisanal vessels.

In 1998, 207 incidents occurred which required the assistance of life-saving vessels of the Ministry of Maritime Fishing. A total of 1,356 fishermen were aided and 121 either died or disappeared. Accidents must be reported by the captain to the Ministry of Maritime Fishing at the first port of arrival and are investigated by a commission of inquiry which submits its report to the Ministry of Maritime Fishing.

The Ministry of Maritime Fishing is responsible for the safety and health of seafarers and fishermen. Regional maritime fishing offices carry out related inspections. They promote safety through training programmes, proficiency courses and awareness campaigns for seafarers, and conduct safety inspections of fishing vessels, a programme to modernize the fishing fleet -- particularly coastal vessels and an action plan for life-saving; they also promote decent living and working conditions. A fleet of patrol boats, soon to be expanded, carries out search and rescue.

Fishermen are trained at six maritime training institutes. Basic and advanced maritime safety courses are provided. There are also regular awareness campaigns and practical training exercises aimed at improving navigation and safety at sea. A training and human resources development project planned for 1999-2003 envisages the improvement of maritime safety through the construction of training facilities at two fishing technology institutes. All training programmes will aim to meet STCW-F requirements.

Fishermen must hold medical certificates in conformity with the recommendations of the Ministry of Health attesting to their fitness for work at sea. Fishermen inactive for more than one year must present a new medical certificate prior to going on board.

The employment relationship is regulated by a maritime employment contract. Fishing vessel owners must provide accident and shipwreck insurance for all crew members. The owner must care for fishermen injured while in the service of the vessel or who fall ill while on board. Social security is provided through the national social security system. A planned radio service will provide medical advice to fishermen and their families.

Nigeria⁽¹⁴⁾

The industrial fishing industry of Nigeria is privately owned, with the exception of the government-owned Cross River Fisheries which come under the authority of the Ministry of Agriculture. Most fishing companies are jointly owned by foreign partners, in particular from the Republic of Korea, India and Lebanon. The vessels, primarily trawlers, and top- and middle-level management are usually provided by the foreign partners.

Nigeria does not have a special law on health and safety in the fishing industry. Neither does the existing fisheries legislation cover health and safety issues. Though the Merchant Shipping Act provides for the setting of standards covering fishing vessels, as well as the certification of fishermen, no such standards are in place. Vessel casualties are usually reported to the Inspectorate of Shipping, however, minor illnesses and injuries are not. This has made it difficult to produce statistics which adequately reflect safety on Nigerian fishing vessels.

A recent study sought the views of a group of Nigerian fishermen working on foreign trawlers on the subject of safety and health. Seventy per cent indicated they had received safety training; 43 per cent felt that human error was a cause of accidents and that fatigue was a major factor. No fishermen said they were covered by accident insurance. The author of the study recommended, among other things, the extension of the main fisheries decree to empower the Department of Fisheries to monitor accidents and health in cooperation with the Health and Accidents Inspectorate Division of the Federal Ministry of Labour and the Inspectorate of Shipping. A requirement that all fishermen be insured against any injury or accident, impairment or death was also recommended.

Norway

From 1960 to 1975, the total number of fishermen in Norway declined from about 61,000 to about 35,000. By 1997, the number had dropped to 22,916, partly due to more selective criteria in the official Fishermen's Register. Of these, just over 73 per cent had fishing as their sole or main occupation. At the end of 1997, 13,645 fishing vessels were registered, of which 8,859 were covered vessels and the remainder open vessels. Only part of the large number of registered vessels are used for fishing all year round.⁽¹⁵⁾

Norway has worked extensively to improve safety and health in the fishing industry. This has been accomplished through a mixture of legislation, research and development, and industry initiatives. Research disclosed an absence of good reporting routines which led to improvements in reporting, making it easier to identify measures to be taken to avoid accidents.

There were an average of 15 fishing fatalities a year between 1988 and 1998, with 13 in 1998 when causes included shipwreck (three), falling or being dragged overboard (three), accidents in port (five) and various others (two).⁽¹⁶⁾ Table A.1 gives an overview of recorded personal injuries in the Norwegian fleet. While the number of accidents appears to have increased between 1989 and 1998, this is thought to be due to improved accident reporting.

Table A.1. Personal injuries in the Norwegian fishing industry, 1989-98
 

The Norwegian Maritime Directorate has the main responsibility for supervising and implementing regulations. The Ministry for Industry and Trade has the political responsibility for the work carried out by the Maritime Directorate on safety and health issues. The Directorate of Health is responsible for issuing regulations and monitoring fishing vessels with respect to medical supplies, drinking water on board, etc., while the Norwegian Food Control Authority is responsible for hygiene. The Ministry of Church and Education has overall responsibility for the education of fishermen through the development of syllabi for the various training institutions; this work is carried out in coordination with the Norwegian Maritime Directorate, Seamen's Department, Section for Education and Certification. The Council for Labour Supervision on Norwegian Ships, which includes employer and worker representatives, participates in work related to the safety and health of fishermen. At different stages in the legislative process, the proposals are circulated for comment to the social partners. The social partners also participate in other non-legislative panels and committees concerned with fishermen's safety and health.

The most important laws and regulations concerning safety and health in the fishing industry can be divided into three groups: (1) those concerning public control of the seaworthiness of ships, which provide for safety and working conditions on board vessels in general (such as the construction of the ship, noise, light, fire and explosion, ventilation, preventive measures against occupational accidents, etc.), and specifically on board fishing vessels (equipment, approaches to the vessel, hatchway, the storage of the catch, ventilation to avoid development of gas, and other safety measures on board); (2) those which concern medical examination, on-board safety committees, safety training of the safety supervisor, and the related responsibilities of the master; and (3) those concerning the certification of fishermen, including a requirement that all professional fishermen must have at least 40 hours of training in basic safety, elements of risk/occupational hazards, first aid, fire protection, the use of breathing apparatus and safety committee work and must attend a 20-hour refresher course at least every eight years.⁽¹⁷⁾

Regulations laid down by the Norwegian Maritime Directorate set certification requirements for masters, deck officers, master fishermen and engineers for vessels -- including fishing vessels -- of 15 metres and over.⁽¹⁸⁾ The certificate threshold has been lowered for masters, so that a certificate is required for fishing vessels down to 35 feet (10.67 metres) effective for personnel starting commercial fishing after 1 January 1999. Consideration has been given to the requirements of the STCW-F Convention by including a requirement for six months' seagoing service on fishing vessels for the master of a fishing vessel.⁽¹⁹⁾

The Industrial Injury Insurance Act requires all Norwegian employers to carry insurance coverage against occupational injuries for their employees. The Seamen's Act further requires fishing vessel owners to provide insurance covering certain other losses, such as loss of personal effects, payments to survivors, etc. Such issues are also covered in collective agreements.

A description of how accidents and injuries are reported is given in Chapter 3.

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.

Philippines⁽²⁰⁾

In 1997 there were at least 1 million people employed in the fishing industry of the Philippines. Of these, 26 per cent (258,480) were fish farmers, 68 per cent (675,677) were employed in municipal fisheries (fishing within 15 km from the shoreline on vessels of 3 gt or less) and 6 per cent (56,715) were employed in commercial fishing (fishing at 15 km from the coast to the 200 mile EEZ).

There are no official statistics on deaths, injuries or illnesses involving fishermen in the Philippines. However, drowning, piracy, bad weather, collision and blast fishing have been noted as common causes of accidents.

Safety and health in fishing is the responsibility of the Department of Transportation and Communication (DOTC), specifically the Philippine Coast Guard and the Maritime Industry Authority (MARINA). Other agencies involved in safety and health are the Department of Health (DOH), Department of Social Welfare (DSWD), Department of Interior and Local Government (DILG) (Maritime Police), Department of Agriculture (DA), Bureau of Fisheries and Aquatic Resources (BFAR), Philippine Fisheries Development Authority (PFDA), Department of Labor (DOLE), Philippine Port Authority, Department of Defense, and Philippine Navy and Coast Guard.

The Bureau of Fisheries and Aquatic Resources (BFAR) requires commercial fishing vessels between 3.1 and 1,000 gt to comply with Coast Guard requirements relating to vessel data, inspection data and life-saving (SOLAS) equipment before issuing a commercial fishing boat licence. The Coast Guard conducts safety of life at sea training for overseas fishworkers, while the National Marine Fisheries Development Center of the BFAR provides training for local fishing vessels. There are also some 200 fisheries schools at the secondary and undergraduate levels. Their training includes safety and health issues.

Inspections of fishing vessels generally focus on the fishing equipment, the crew's permit and fishing licence. The long 17,000 km coastline of the Philippines poses a serious challenge to inspectors. Masters' protests concerning accidents to larger vessels (50 gt or more) may be submitted to a Board of Marine Inquiry. Owners of medium and small vessels may submit reports to municipal police stations. In the provinces, accidents are reported to the Coast Guard.

Medical fitness examinations for fishermen are not universally required, except by some larger operators. The Philippines Fisheries Code of 1998 stipulates that all fishing vessels should be provided with adequate medical supplies and life-saving devices as determined by the Occupational Safety and Health Center. Fishing vessels of 20 gt or more must ensure that at least one member of the crew is qualified in first aid and certified by the Philippines Red Cross. Should the minimum safety standards of the Code be violated, the fishing vessel may be forbidden to continue fishing until the standard has been complied with. Implementing regulations for the Code of 1998 are now being prepared.

Insurance is not usually provided by fishing companies. In 1994, the adoption of the National Health Insurance Act established the Philippine Health Insurance Corporation to administer a National Health Insurance Program. This programme aims to ensure affordable, acceptable and available health care services for all citizens of the Philippines, but it has yet to reach many fishermen. It is intended that the 1998 Fisheries Code will extend social security and other benefits afforded under the Labor Code to workers on board fishing vessels engaged in fishing operations.

Russian Federation⁽²¹⁾

Roughly 500,000 people work in the Russian fishing industry. Of these, 170,000 work at sea. Less than 40 per cent of those employed in the Russian fishing industry belong to trade unions. At roughly 3,000,000 grt, Russia has the world's largest fleet by tonnage, comprising more than 4,000 vessels. These include 1,600 vessels of less than 100 grt, 621 between 100 and 499 grt, 665 between 500 and 999 grt, 195 between 1,000 and 1,999 grt, 569 between 2,000 and 3,999 grt and 87 over 4,000 grt. There are also 74 fish-processing vessels and 151 transport vessels. About 24 per cent of the fishing vessels are over 20 years old.

In the last ten years Russian laws and regulations relating to safety and health have changed considerably. Changes have been made to laws and regulations concerning the occupational safety standards system, sanitary rules, industrial safety, the protection of labour, the training and examination of managers and specialists in the field of labour protection, the investigation and registration of occupational accidents, and rules for safety on fishing vessels. The Russian Federation also applies related FAO, ILO, and IMO standards and guidelines.

Several agencies and institutions play a role in monitoring the safety of the Russian fishing industry, including the Ministry of Labour and Social Development, the Federal Inspectorate of Labour, the State Committee of Sanitary-Epidemiological Supervision, the Russian Maritime Register of Shipping and the State Expertise of Working Conditions.

Preparation for fishing industry specialists, including fishermen, takes place in the state universities, the Fishing Fleet State Academy, the Higher Marine School -- Maritime University, some secondary professional educational institutions and middle marine school. The training period ranges from three to five years and includes special courses covering occupational safety and fire protection. Almost all fishing vessel officers (captains, mates, engineers, radio operators and masters of fishing and catch-processing vessels) have higher or secondary education and hold certificates of competency. Each year they must pass examinations relating to occupational safety, fire-fighting, use of life-saving appliances, first aid and procedures for abandoning ship. Entrants to the fishing industry also receive both theoretical and practical training.

All fishermen and other crew members (except officers) receive quarterly instruction at their workplace. This training is recorded and must be in accordance with the state occupational safety standards system. Since 1994, all employers, managers and persons in positions of authority must, within one month of commencing employment, undertake special training courses and examinations concerning occupational safety. This programme typically covers the main provisions of the Labour Code of the Russian Federation, the legal basis of occupational safety, the organization of occupational safety in the fishing industry, hazardous and harmful occupational factors in the fishing industry and measures for accident prevention, procedures for the investigation and registration of occupational accidents and illnesses, and first aid.

All entrants to the fishing industry must be examined for their medical fitness for fishing work. They must have a personal medical passport and international certificates of vaccination. They are examined each year and if a deficiency is noted they must undergo an examination twice yearly.

As of 11 January 1999, all employers must provide insurance for occupational accidents and illnesses. There is also a voluntary system for self-employed workers. Some larger firms have set up their own insurance programmes. In all the main fishing ports of the Russian Federation there are special hospitals for fishermen. As a rule, a doctor is carried on board all large stern freezer trawlers. In recent years the quality of medical care has dropped on many vessels during their transfer from government to private ownership.

Accidents on fishing vessels must be investigated by a special commission consisting of representatives of the employer and the crew and chaired by the captain. In the case of a grave or fatal accident, the investigation must be repeated when the vessel returns to its home port. In such cases, a state labour inspector and representative of the regional office of the Department of Labour must participate. The report of the investigation must include a medical conclusion, photos or a diagram of the site of the accident, training protocols, the results of occupational safety examinations, the journal of registration of instruction in occupational safety, extracts from the maintenance rules for related equipment, and a statement of investigation of occupational accident (with copies for the injured fishermen and for the employer).

Inspections of foreign fishing vessels may be carried out by specialists of the Russian Maritime Register of Shipping, safety specialists from the fishing companies, specialists of the State Committee of Sanitary-Epidemiological Supervision and representatives of the State Inspectorate of Protection of Labour. These cover the condition of the vessel and equipment, life-saving and fire-fighting appliances, sanitary conditions, the level of training and instruction to the crew, and boat and fire drills. Drills must be conducted at sea every three months. There are also special inspection programmes concerning occupational safety on board large super-trawlers.

South Africa

In 1997 it was estimated that the total number of people employed in the commercial fishing sector was between 26,000 and 27,000, distributed evenly between the sea and the shore. In addition to these, it is estimated that another 60,000 people find employment in related sectors, exclusively or partly dependent on the fishing industry.

The responsibility for sea fisheries management resides under the Ministry of Environmental Affairs and Tourism. In 1998 the Living Marine Resources Act was adopted and a marine fisheries policy was developed. The policy provides, among other things, that "holders of fishing rights [...] should provide acceptable conditions of employment for all employees with respect to income, health and safety, training, job security, retirement and other employment benefits". The policy encourages, among other things, "fair, humane and acceptable labour practices, workers' rights, job creation and security, sound working conditions, health and safety, and welfare benefits of employees in the industry", plus the need to register all fisherfolk.⁽²²⁾

Policy matters related to labour and employment in all sectors of the economy are the responsibility of the Department of Labour (DOL). In December 1998, the DOL promulgated the Basic Conditions of Employment Act (BCEA), which sets a floor of rights for all workers and endeavours to provide protection to all workers in South Africa. Consideration is being given to the special circumstances of the fishing industry.⁽²³⁾

Maritime safety matters come under the jurisdiction of the South African Maritime Safety Authority (SAMSA). The Merchant Shipping Act of 1951 (MSA) gives a broad outline as to requirements with regard to ship ownership, procedures to be followed for registration and building and the day-to-day operation of vessels. The MSA requires that all vessels over 25 grt be registered and that all those under 25 grt be licensed, fishing vessels included. Other requirements include the surveying of vessels, the medical examination of crew, shipboard conditions of employment and accommodation and safety of life at sea.

The MSA gives effect to the Maritime Occupational Safety Regulations of 1994. Employers must ensure: compliance with safety measures; that employees operating equipment are competent to do so; safety awareness; that work is performed under competent supervision; respect for safety procedures; knowledge of and compliance with regulations; and the provision of safety and protective equipment. Employees are required to: take reasonable care for their own safety and that of others who may be affected by their acts or omissions; cooperate with their employer on safety matters; report unsafe situations; report incidents which affect safety or cause injury; and not intentionally or recklessly interfere with or misuse any object that is provided in the interests of safety. For fishing vessels of over 25 grt with a crew of six or more, the employer must: train all employees in the use and maintenance of safety equipment on board; ensure that no safety equipment is removed from a vessel except for maintenance; and remove any hazard that causes a safety officer to stop work. The safety officer is a crew member appointed by the employer of the vessel's crew who is given specific responsibilities concerning safety on board.

As concerns health standards, at the end of 1998 consideration was being given to amending the Merchant Shipping Act to include a requirement for all seamen (and fishermen) on vessels of over 25 grt to hold a valid medical certificate.⁽²⁴⁾

In late 1998, a seminar on maritime labour standards in the fishing industry was held in Cape Town. The seminar was attended by officials from the maritime and labour ministries as well as by a number of fishing vessel owners and fishermen's representative organizations. Participants discussed labour issues, including safety and health.

United Kingdom

In 1995-96 there were 77 fatal injuries per 100,000 fishermen, making it the most dangerous occupation by a significant margin (the next closest was mining and quarrying at 23.2 per 100,000). In 1997, there were 485 reported fishing vessel accidents from a fleet of 7,779 vessels, not including personal accidents to fishermen while at sea.⁽²⁵⁾

The Maritime and Coastguard Agency is responsible for issuing regulations concerning health and safety at sea.

Fishing vessel safety training regulations (established in 1989) require all new entrants to the fishing industry to undertake safety training before going to sea. All serving fishermen born on or after a certain date were also required to undertake the training. The courses, of one day's duration, have been provided by a network of training associations. The training is considered "valid for life" with no need for refresher courses. A revision of these requirements, which would require the training of all fishermen, regardless of age, is (as of April 1999) under discussion. Required refresher courses are also being considered. To obtain their certificates, skippers and engineers must also undergo medical first-aid training and advanced fire-fighting training.

A description of the United Kingdom's fishing safety risk assessment system is included in Chapter 3.

The MCA⁽²⁶⁾ has sought to improve fishing safety through its Fishing Vessel Safety Trends Initiative (FVSTI) programme, which has produced safety leaflets and a Guide to Safe Working Practices for Fishermen. A newsletter -- Safe Fishing News -- is also being published. The FVSTI Steering Group is considering a safety competition involving schools in fishing communities. A mobile fishing safety trailer visits various United Kingdom fishing events. The MCA also works with other United Kingdom safety organizations to promote fishing safety.

By law, accidents involving loss of life or major injury⁽²⁷⁾ must be reported to government authorities as soon as practicable, while those involving serious injuries⁽²⁸⁾ must be reported within 14 days. Accidents involving injuries and dangerous occurrences are investigated by the on-board safety officer (where carried). Accidents or serious injuries may be subject to an investigation by the Marine Accident Investigation Branch (MAIB). There are different levels of inquiry. Reports of serious accidents, or those where the investigation reveals valuable lessons, are published and made available free of charge by the Marine Accident Investigation Branch.

United States⁽²⁹⁾

Estimates for the number of workers on fishing vessels range from 45,000 to 125,000, some of whom may be part-time workers. The FAO estimated that in 1995 the fleet consisted of 27,200 vessels of 1,484,150 grt. Of these, 14,455 were under 25 grt, 2,700 between 25 and 50 grt, 7,000 between 50 and 99.9 grt, 2,325 between 100 and 149.9 grt and the remainder 150 grt or more.⁽³⁰⁾ The fishing fleet is very diversified, with substantial regional differences (e.g. between the Gulf of Mexico and the Gulf of Alaska).

The Coast Guard has primary responsibility for fishing vessel safety at the national level. This work is coordinated through a Commercial Fishing Vessel Safety Program, which includes both national and district or local initiatives. The Occupational Safety and Health Administration (OSHA) plays a limited role in fishing safety, covering certain aspects of occupational safety and industrial hygiene (notably on fish-processing vessels). OSHA is limited to the jurisdiction of vessels operating within a state's territorial waters (in general, three nautical miles seaward from the coast). The division of responsibilities between the Coast Guard and OSHA is covered by a Memorandum of Understanding between the two agencies.⁽³¹⁾ The National Oceanic and Atmospheric Administration and National Marine Fisheries Service has also been involved in safety and loss prevention efforts. Though regulation is relatively limited, these agencies have carried out substantial safety promotion activities, including publications, seminars, advisories, newsletters and other means of reaching fishermen.

By law, seamen on fishing vessels, fish-processing vessels, or fish tenders must 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 be reported to the Coast Guard, which will investigate if the accident is considered very serious or if important "lessons learned" are to be drawn from it. The National Transportation Safety Board (NTSB) may become involved in the investigation of major accidents.⁽³²⁾

History of attempts to regulate fishing safety since 1970

Over the past 30 years there have been several attempts to adopt national laws and regulations concerning fishing vessel safety, usually following a spate of serious casualties involving loss of life. In 1971 an effort to adopt laws and regulations led to a voluntary safety programme which is still in effect. The most important existing law, the Commercial Fishing Industry Vessel Safety Act (CFIVSA) of 1988, was adopted following a series of tragic accidents in the Bering Sea off Alaska. The CFIVSA requires life-saving and fire-fighting equipment on all fishing vessels. Other requirements call for immersion suits and EPIRBS on vessels operating in certain waters. There are special requirements for fish-processing vessels. In 1991, following the publication of a National Research Council report,⁽³³⁾ the Coast Guard submitted a plan for licensing operators of fishing vessels which would have allowed a five-year implementation period and permitted third-party training and certification. The plan would have established two licences -- master of fishing vessels of less than 79 feet and master of fishing vessels of less than 200 gt. Neither this proposal, nor a revised one, have been implemented. In 1996, the Coast Guard sought, but did not obtain, the authority to license fishermen.

Commercial Fishing Industry Vessel Advisory Committee (CFIVAC)

The Committee, established in accordance with the Commercial Fishing Industry Vessel Safety Act (CFIVSA) in 1988, is comprised of members who have expertise and experience in the commercial fishing industry. It currently includes fishermen, insurance company representatives, seafood company representatives, equipment manufacturers, representatives of fishermen and their families, representatives of industry safety organizations (see box A.1), the academic community and others. Besides providing advice on fishing safety policy and regulations, the CFIVAC has worked with the Coast Guard to prepare safety material for distribution to fishermen.⁽³⁴⁾
 

Fishing Vessel Casualty Task Force

In early 1999 another series of fatal fishing accidents led the Coast Guard to form a Fishing Vessel Casualty Task Force comprised of 12 government representatives and five industry representatives. The Task Force published a report in March 1999 which recommended that:

• resource management decisions should encourage safe operations, or at least have a neutral safety influence, and national level coordination and leadership must review national resource management rules and set resource management standards that do not create unintended hazards;

• fishing vessel operators should hold licences, and crew members should hold certificates, indicating that they have met minimum competency standards; licensed operators should be expected to maintain a drug-free workplace and be subject to drug and alcohol testing; drill conductor training should be improved;

• there should be a move toward mandatory inspections, which would result in lower vessel loss and fatality rates, and mandatory inspections should be introduced gradually to reduce adverse economic repercussions;

• additional standards must be adopted to reduce latent conditions leading to accidents and to enhance survival when a casualty does occur, and these standards (including stability and watertight integrity standards) should be amended to better reflect hazard exposure;

• the Coast Guard's Commercial Fishing Vessel Safety Program needs to be continuously improved, including assigning personnel so as to foster programme consistency and improve relations with the commercial fishing community, emphasizing the competency of dockside examiners, and improving the scope and content of examinations;

• the Government, insurance agencies, and fishermen must focus on latent hazardous conditions, apply solutions for known risks and develop solutions for currently unmanaged risks, and investigations and collected data must be of sufficient quality to lead to initiatives which will provide the greatest advances in safety; and

• improved efforts to make fishermen aware of hazards will clear away conditions which lead to accidents and will help build a safety culture.

At the time of writing this report, these recommendations had only recently been published, and the response by the fishing industry and public was not yet known.

1.  Service profile 96: Canadian Coast Guard -- Commercial fishing industry at http://www.ccg-gcc.gc.ca/archives/profile/fishing.htm (3.5.99 update).

2.  FAO: Bulletin of Fishery Statistics, No. 35 (Rome, 1998).

3.  A. Tobey: Notice to fishing vessel operators and crews (Nova Scotia, Department of Fisheries and Aquaculture, 6 Oct. 1998) at http://www.nsac.ns.ca/nssf/disted/archives/.

4.  The Board uses Reason's model (see Ch. 2) when seeking the causes of accidents.

5.  Personal communication from R. Gowie, Marine Safety Branch, Transport Canada.

6.  Labour Canada: Report of the Committee on Occupational Safety and Health in the Fishing Industry (Ottawa, 1998).

7.  CCG (Canadian Coast Guard) Pacific Overview at http://www.pacific.ccg-gcc.gc.ca/epages/ ccgover/advisory.html.

8.  Workers' Compensation Board of British Columbia: Fishing Operations Regulations made pursuant to section 71 of the Workers Compensation Act, effective 1 Jan. 1995.

9.  Based on information kindly provided by the Asociación Chilena de Seguridad (ACHS).

10.  Information concerning China, unless otherwise noted, has been provided by Ms. Zhao Liling, Division of International Cooperation, Department of the Fishing Industry, Ministry of Agriculture, China.

11.  Taken largely from M. Ben-Yami: Risks and dangers in small-scale fisheries: An overview, an unpublished paper.

12.  Information on the Republic of Korea was provided by the Ministry of Maritime Affairs and Fisheries.

13.  Based on information provided by the Ministry of Maritime Fishing, Rabat.

14.  Based on a study entitled: A sociological analysis of occupational accidents in the Nigerian fishing industries: A case study of Yinka Folawiyo, Ocean and Manucom fishing industries (Aug. 1997), and an occasional paper entitled: Appraising health and safety legislation in Nigerian fishing industries (Mar. 1999), kindly provided by Mohammed D. Enaikele, Federal College of Fisheries and Marine Technology, Victoria Island, Lagos.

15.  Ministry of Fisheries: Facts about the Norwegian fisheries industry (Oslo, 1998).

16.  Norwegian Maritime Directorate.

17.  Norwegian Maritime Directorate.

18.  Excerpts from Norwegian ship control legislation, 1996.

19.  From legislation and other important dispatches published in the Norwegian Maritime Directorate's external information bulletin Navigare, No. 3, July 1998.

20.  Substantially taken from a paper entitled: Safety and health in the fishing industry in the Philippines, prepared for the Office by Félix R. Gonzáles, Secretary-General, Chamber of Fisheries and Aquatic Resources of the Philippines.

21.  This section draws considerably from a paper prepared by Dr. V.M. Minko, Kaliningrad State Technical University, Russian Federation.

22.  "A marine fisheries policy", in Samudra Report (Madras, ICSF), No. 18, July 1997, at http://www. gmt2000.co.uk/apoints/icsf/english/samudra/issue_18/art10.htm.

23.  S.M. Pityana (Director-General, Department of Labour): Official opening & keynote address of the Tripartite Seminar on Maritime Labour Standards for the Fishing Industry, Cape Town, Sep. 1998.

24.  Capt. W.R. Dernier: Challenges facing the South African Maritime Safety Authority in terms of health and safety standards for the fishing industry, Paper presented to the Tripartite Seminar on Maritime Labour Standards for the Fishing Industry, Cape Town, Sep. 1998.

25.  United Kingdom Department of the Environment, Transport and the Regions: Fishing vessel safety: A consultation paper (23 July 1998), at http://www.shipping.detr.gov.uk/fvs/index.htm.

26.  Information on the MCA Fishing Vessel Safety Trends Initiative was provided by L. Smith, Maritime and Coastguard Agency, United Kingdom.

27.  Including any fracture (other than to fingers or toes), any loss of limb or part of a limb, dislocation of the shoulder, hip, knee or spine, loss of sight, penetrating injury to the eye, or any other injury leading to hypothermia or to unconsciousness, requiring resuscitation, or requiring admittance to hospital or offshore sickbay for more than 24 hours, or, if at sea, requiring confinement to bed for more than 24 hours.

28.  Generally, injuries other than a major injury resulting in incapacity for more than three consecutive days or resulting in the person being put ashore.

29.  This section draws considerably from the Report of the Fishing Vessel Casualty Task Force published on the Internet in Mar. 1999 by the United States Coast Guard at http://www.uscg.mil/hq/g-m/moa/ docs/fishing.htm.

30.  FAO: Bulletin of Fishery Statistics, No. 35 (Rome, 1998).

31.  United States Department of Labor: Maritime safety and health inspections, Seattle Regional Instruction CPL 2.6C, 12 June 1998.

32.  The Coast Guard and the NTSB use Reason's model (see Ch. 2) when investigating the causes of accidents.

33.  National Research Council et al.: Fishing vessel safety: Blueprint for a national program (Washington, DC, 1991).

34.  United States Coast Guard: Commercial Fishing Industry Vessel Advisory Committee, at http://www. uscg.mil/hq/g-m/advisory/cfivac/charter.htm.

Annex 2

Resolution concerning the application of revised
Convention No. 9 to the fisheries sector⁽¹⁾

The General Conference of the International Labour Organization,

Recognizing the current crisis in the fishing industry which has serious repercussions on the labour and social standards of fishermen and which has resulted in the abandonment of many crew members of fishing vessels in ports worldwide without any recourse to compensation for lost earnings and assistance with repatriation except from charitable organizations,

Recognizing also the increasing globalization of the industry which has led to the recruitment and placement of fishermen on board foreign flag vessels and the important initiatives undertaken by other international fora with regard to the management and conservation of fish stocks,

Noting the urgent need to apply international labour standards to fishermen and to expressly extend a number of the international labour maritime standards to the fishing sector,

Noting also the adoption of the Recruitment and Placement of Seafarers Convention, 1996,

Invites the Governing Body of the International Labour Office to:

(1) promote the application to fishermen of the Recruitment and Placement of Seafarers Convention, 1996, by Members following consultations between representative organizations of fishermen and fishing vessel owners and the competent authority;
(2) convene an early tripartite meeting for the fishing sector to assess which of the other ILO maritime instruments should be applied to the fishing sector through the adoption of appropriate protocols, and/or the adoption of new international labour standards for the sector and in this regard to place the issue of new labour standards for fishermen on the agenda of an early session of the International Labour Conference.

1.  Adopted on 21 Oct. 1996 at the 84th (Maritime) Session of the International Labour Conference.

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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