Occupational
Health and Safety (Maritime Industry) Amendment Regulations 1999 (No. 1)
Statutory Rules 1999 No. 101
I, WILLIAM PATRICK DEANE, Governor-General
of the Commonwealth of Australia, acting with the advice of the Federal
Executive Council, make the following regulations under theOccupational
Health and Safety (Maritime Industry) Act 1993.
Dated 9
June 1999.
WILLIAM DEANE
Governor-General
By His
Excellency’s Command,
PETER REITH
Minister for Employment, Workplace Relations
and
Small Business
Occupational Health and
Safety (Maritime Industry) Amendment Regulations 1999 (No. 1)1
Statutory
Rules 1999 No. 1012
made under
the
Occupational Health and
Safety (Maritime Industry) Act 1993
Contents
Page
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1Name of regulations These
regulations are the Occupational
Health and Safety (Maritime Industry) Amendment Regulations 1999 (No. 1).
2Commencement These
regulations commence on 1 July 1999.
3Amendment of Occupational Health and Safety (Maritime Industry) Regulations Schedule 1
amends the Occupational Health and Safety (Maritime Industry) Regulations.
Schedule 1Amendments
(regulation 3)
Do not delete: Schedule Part placeholder
[1]Regulation 1
substitute
1Name of
regulations
These
regulations are the Occupational Health and Safety (Maritime Industry)
Regulations 1995.
[2]Regulation 2,
definitions of business hours and telecommunication
omit
[3]Regulations 10,
11, 12, 13 and 14
substitute
10Definition for
Part 4
In this Part:
incident means:
11Period of
incapacity requiring notice and report
For paragraph
107 (1) (b) of the Act, a period of 5 successive days or more is
prescribed.
12Notifying
incidents
- (1)
The requirements in this regulation are
prescribed for paragraph 107 (2) (a) of the Act.
- (2)
The operator must give notice of an incident
to the Inspectorate within 4 hours of becoming aware of the incident.
Penalty: 10 penalty units.
- (3)
However, if it is not reasonably practicable
for the operator to give notice to the Inspectorate within 4 hours, the
operator must give notice to the Inspectorate as soon as practicable after the
end of that time.
- (4)
The notice:
13Reporting
incidents
- (1)
The requirements in this regulation are
prescribed for paragraph 107 (2) (b) of the Act.
- (2)
The operator must give a report about an
incident to the Inspectorate within 72 hours of becoming aware of the incident.
Penalty: 10 penalty units.
- (3)
However, if it is not reasonably practicable
for the operator to give the report to the Inspectorate within 72 hours,
the operator must give the report to the Inspectorate as soon as practicable
after the end of that time.
- (4)
The report must be:
- (a)
in accordance with the relevant parts of
Form 7 (Incident report); and
- (b)
given to the Inspectorate by sending it to
the postal address, facsimile number, or electronic mail address stated in the
form.
[4]Regulation 15
omit
of an accident or a dangerous occurrence
insert
about an incident
[5]Schedule, Form 6
substitute
Form 6Incident
alert
(subregulation 12 (4))
INCIDENT
ALERT
|
SHIP DETAILS
|
Ship’s name
|
IMO number
| Flag
|
Call
sign
| Satcom number
|
Master
|
Gross tonnage
| No.
of persons on board
|
Class society
|
Propulsion
| IOPP certificate date of issue
|
o
Container o
Tanker o Bulk Carrier o Tug o OSV o Other
|
Operator’s name and address
|
Responsible Officer (ISM designated person)
| Contact number
|
Agents and P&I Club
|
INCIDENT
DETAILS
|
Voyage From
| To |
Ship’s
Location (eg
port, at sea, lat, long)
|
Location
on ship where incident
occurred
|
Date
& time of incident / / am/pm
| No.
of persons involved
|
Nature
of Incident
|
o Collision
| o MARPOL ship defects
|
o Grounding
| o Serious personal injury
|
o Fire
| o Death
|
o Structural failure
| o Disappearance
|
o Flooding
| o Loss
|
o Machinery failure
| o Presumed lost
|
o Cargo gear
| o Close quarters situation
|
o Pilotage
| o Births
|
o Dangerous goods
| o Other (specify)
|
DESCRIPTION
OF INCIDENT/DAMAGE Note:
If incident occurred under Pilotage, include name of pilot
|
OTHER
RELEVANT INFORMATION
|
Form 7Incident
report
(subregulation 13 (4))
INCIDENT
REPORT Note: This form must be forwarded within 72 hours of the
incident by the ISM Code Designated Person or equivalent to: General Manager, Ship & Personnel Safety Services, AMSA GPO Box 2181 Canberra ACT 2601 Australia Fax: +61 2 6279 5966 E-mail: Reports@amsa.gov.au For further information please call 1800 021 098
|
Ship’s name
|
IMO number
| Flag
|
Call sign
| Satcom number
|
Master
|
Gross tonnage
| Propulsion
|
Class society
|
Operator’s name and address
|
Agents and P&I Club
|
Date & time of incident
| Ship’s location (eg port, at sea, lat, long)
|
PART 1 - To be completed if reporting under Marine Orders Part
32
|
Person-in-charge
|
Employer of person-in-charge
|
Incident
|
o Injury
| If injury, complete parts 4 - 8
|
o Gear failure
| If gear failure, complete parts 5
- 8
|
o Dangerous Goods
| If dangerous goods, complete
parts 5 - 8
|
PART 2 -
To be completed if reporting under sections 268, 269 and 417 of the Navigation
Act 1912 (other than births) and regulation 4 of the Navigation (Marine
Casualty) Regulations
|
Voyage To
| From |
Incident description
|
o Grounding
| o Foundering
| o Stranding
|
o Collision
| o Capsize
| o Flooding
|
o Fire
| o Explosion
| o Machinery
failure
|
o Structural
failure
| o Close quarters
| o Disappearance
|
o Loss
| o Presumed lost
| o Injury
|
o Death
| o Dangerous
occurrence
|
o Other (specify)
|
Place of incident
|
o Machinery
spaces
| o Accommodation
block
| o Galley
|
o Deck/cargo
spaces
| o Gangway/pilot
ladder
| o Wharf
|
o Other (specify)
|
Crew numbers
| Passenger numbers
| Cargo
|
PART 3 - To be completed if reporting under section 417 of the Navigation
Act 1912 - Births
|
Child’s name
| Gender M / F
|
Date of
birth
| Place
|
Mother’s full name
|
Town & country of birth
| Australian resident Yes / No
|
Father’s full name
|
Town & country of birth
| Australian resident Yes / No
|
Note: Part 4 relates to personal injury. If more than one
person is affected complete Part 4 on a separate form for each person.
|
PART
4 - To be completed if reporting under section 107 of the Occupational
Health and Safety (Maritime Industry) Act 1993
|
Name of affected person
|
Date
of birth
| Gender M / F
| PIN
|
Home
address
|
Australian resident Yes
/ No
| Town
& country of birth
|
Capacity
|
o Crew
| o Contractor
| o Waterside worker
| o Supplier
|
o Watchkeeper
| o Other (specify)
..........................................
|
show
watch period: from ............... to .................Time since last rest
period: ............
|
Logbook
entry date
| Rank
|
Hours
of duty Time
on:
| Time
off: | Hours
before duty
|
Affected
area
|
o Head (1)
| o Eyes (1)
| o Trunk (3)
| o Arms (4)
|
o Hands (4)
| o Legs (5)
| o Internal (7)
| o Back (3)
|
o Neck (2)
| o Fingers (4)
| o Feet (5)
| o Toes (5)
|
o Other (specify)
|
Type
of injury
|
o Drowning (150)
| o Crushing (100)
| o Laceration (060/080)
|
o Burns & scalds (120)
| o Hernia (450)
| o Fracture (020/010)
|
o Electric shock (150)
| o Amputation (070)
| o Foreign Body (110/090)
|
o Abrasion (090)
| o Bruising (100)
| o Asphyxia (110/150/140)
|
o Strain & sprain (040)
| o None
|
o Other (specify)
|
Result
of incident
|
o Death
| o Serious Injury
| o Minor Injury
|
o Near miss
| o Temporary disability
| o Partial disability
|
o Permanent disability
| o Disappearance
| o Time off work
|
o None
| o Other (specify)
|
Incident
factors
|
o Machinery and (mainly) fixed
plant (1)
|
o Mobile plant and transport (2)
|
o Powered equipment, tools and
appliances (3)
|
o Non-powered hand tools,
appliances and equipment (4)
|
o Chemicals and chemical products
(5)
|
o Materials and substances (6)
|
o Environmental agencies (7)
|
o Animal, human and biological
agencies (8)
|
o Other and unspecified agencies
(9)
|
Cause
of injury/illness
|
Date
left ship
| Expected
period of
incapacity
|
Treatment
given on board ship
|
PART 5 - Explanation and Description State
cause and give names and addresses of any witnesses Attach
additional pages if necessary
|
PART 6 - Incident Narrative Attach
additional pages if necessary
|
PART 7 - Action taken to prevent similar
occurrences
|
PART 8 - Details of person completing report
|
Name
|
Position
| Contact
number
|
Signature
| / /
|
Notes
1. These
regulations amend Statutory Rules 1995 No. 17.
2. Made by the
Governor-General on 9 June 1999, and notified in the Commonwealth
of Australia Gazette on 17 June 1999.