C4.3.a. Who has responsibility for establishing the on-board health and safety protection and accident prevention under Regulation 4.3?

The primary obligations under Regulation 4.3, paragraphs 1, 2 and 3, regarding what is usually called marine or maritime occupational safety and health (MOSH), are directed to the flag State. A significant level of technical details and guidance on the subject is set out in Standard A4.3 and Guideline B4.3. These provisions are also linked to those under Standard A3.1 regarding accommodation and recreational facilities on board ship. Standard A4.3 specifies the areas in which occupational safety and health policies and programmes are to be adopted, effectively implemented and promoted on ships and which are also to be the subject of legal standards covering occupational safety and health protection and accident prevention. Such policies and programmes and legal standards may already exist for ships in the country concerned or that country may have global policies and programmes covering these subjects, which will need to be supplemented or adapted so as also to cover conditions on board ship. Standard A4.3 and Guideline B4.3 for the most part set out technical details that would need to be developed, based on international and industry guidance and tripartite consultation, and implemented by the competent authority [see A25.] after consultation with the shipowners’ and seafarers’ organizations concerned. ILO guidance is available, such as the Code of practice on accident prevention on board ship at sea and in port, 1996 ⁶⁷ and the Code of practice on ambient factors in the workplace, 2001 ⁶⁸ . Importantly in October 2014 an international tripartite meeting of experts met to adopt Guidelines for implementing the occupational safety and health provisions of the Maritime Labour Convention, 2006 ⁶⁹ .

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Health and safety protection and accident prevention