Marine Orders Part 61: Safe working on board ships, Issue 1 (Order No. 20 of 1999) (Cth)

MARINE ORDERS

Part 61

Safe working on board ships

Issue 1

Order No 20 of 1999

Pursuant to Section 425(1AA) of the Navigation Act 1912, I hereby make this Order issuing the attached Marine Orders, Part 61, Issue 1 to come into operation on 3 February 2000.
  

Clive Davidson

Chief Executive Officer

8 December  1999  

Table of Contents

1      Interpretation

2      Purpose

3      Application

4      Offences

5      Detailed requirements

1  Interpretation

In this Part:

(a) headings and sub-headings are part of the Part;

(b)  a note included in the text and printed in italics is not part of the Part.

2  Purpose

This Part, pursuant to paragraph 425(1)(e) of the Navigation Act, makes provision for and in relation to the safety of persons on board, ships and, in particular, gives effect to the Code of Safe Working Practice for the Australian Seafarer.

3  Application

This Part applies to and in relation to all ships to which Part II of the Navigation Act applies.

4  Offences

Provisions 5.1 and 5.2 are penal provisions.

Note: Regulation 4 of the Navigation (Orders) Regulations provides:
'4.  A person who contravenes a provision of an order made under subsection 425(1AA) of the Act that is expressed to be a penal provision is guilty of an offence and is punishable, upon conviction:
       (a)  if the offender is a natural person—by a fine not exceeding $2,000; or
       (b)  if the offender is a body corporate—by a fine not exceeding $5,000.'

5  Arrangements on ships

5.1 Requirement for safe arrangements

5.1.1  The owner of a ship must provide such arrangements, equipment, instructions and training as are necessary to ensure that work on board the ship is carried out in a safe manner, and in particular in relation to:

(a) general safety considerations;

(b) dealing with emergencies and emergency equipment;

(c)  dealing with the carriage of dangerous goods;

(d) safe access to the ship and safe movement about the ship;

(e)  entering and working in enclosed or confined spaces;

(f)  manual lifting and carrying;

(g) use of tools and materials;

(h) welding flame cutting and other hot work;

(i)  painting;

(j)  working aloft or over the side;

(k)  working with electricity and electrical equipment;

(l)  working with dangerous and irritating substances and radiations;

(m) upkeep of wire and fibre ropes;

(n) anchoring, docking and mooring;

(o) working on deck or in cargo spaces;

(p) working in machinery spaces;

(q) working in galleys, pantries and other food handling areas;

(r)  safety in living accommodation;

(s)  safety issues associated with particular vessel types.

5.1.2  The master of a ship must be satisfied that:

(a) the equipment is maintained in working order and readily available for use; and

(b) the specified training has been carried out.

Note: Arrangements, equipment, instructions and training that comply with the Code of Safe Working Practice for the Australian Seafarer, published by AMSA and available at any AMSA office, will be regarded as meeting the requirements of 5.1.

5.2 Crew members' responsibility

Every crew member must:

(a) carry out the instructions determined by the owner or master under 5.1; and

(b) generally take such action as is reasonable to ensure that work on board ship is carried out safely.