26.1 General
26.1.1 A vessel should be safely manned.
26.1.2 Vessels operating in Area Categories 3, 4, 5 and 6, unless operating in the
single handed mode in accordance with 26.9, should have a second person on board deemed
by the Master to be capable of assisting the Master in an emergency.
26.1.3 Vessels operating in Area Category 2 should have a second person on board deemed
by the owner/managing agent to be experienced and competent.
26.1.4 Vessels operating in Area Categories 0 and 1 should have an additional qualified
person on board as required by Table A3.1 in Appendix 3.
26.1.5 The Master of a vessel should ensure that each person on board is briefed on
Health and Safety appropriate to their role on board, Appendix 7, section 5 refers.
26.1.6 If completion of the relevant mandatory courses cannot be proven by the
owner/managing agent or crew, then the MCA may detain the vessel.
26.1.7 The qualifications of the Master and, if appropriate, other members of the crew
are given in Appendix 3.
26.1.8 The possession of a Certificate of Competency or Service should not, on its own,
be regarded as evidence of the ability to serve in a particular rank on a specific
vessel. The owner/managing agent must ensure that there are sufficient trained personnel
on board to work the vessel having due regard for the nature and duration of the voyage.
26.1.9 The Master should be aware that as a commercial Master, he or she has taken on
all the professional responsibilities of a professional Master and the liabilities that
accompany that role.
26.1.10 Where a higher category vessel is operating in a lower category area the owner /
managing agent may crew the vessel according to the lower category operation. The
details of the manning differences should be noted on their Workboat Certificate and any
Safe Manning Document prepared in excess of the requirements of this Code.
26.2. Responsibility of the Owner/Managing Agent for Safe Manning of the
Vessel
26.2.1 It is the responsibility of the owner/managing agent to ensure that the Master,
and where necessary, the crew of the vessel have, in addition to any qualifications
required in Appendix 3, recent and relevant experience of the type and size of vessel,
the machinery on the vessel, and the type of operation in which the vessel is engaged.
The owner/managing agent should also ensure that there are sufficient additional crew on
board having regard to the type and duration of voyage/excursion being undertaken.
26.3. Keeping a Safe Navigational Watch
26.3.1 The Master and every person in charge of a navigational watch serving on small
workboats shall hold an appropriate certificate of competency.
26.3.2 The Master of every small workboat shall ensure that watchkeeping arrangements
are adequate for maintaining a safe watch or watches, taking into account the prevailing
circumstances and conditions such as;
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.1 the present and forecast state of the weather, visibility and sea;
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.2 the proximity of navigational hazards; and
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.3 the density of traffic in the area.
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and that, under the Master’s general direction, persons in charge of the
navigational watch are responsible for navigating the vessel safely during their
periods of duty, when they shall be physically present at the control position or
in a directly associated control location at all times.
26.3.3 The owner/managing agent and the Master of a vessel should ensure that any person
who assists the Master in navigational watchkeeping duties is qualified to carry out
such duties.
26.4 Vessels with Lifting Gear and Winches Associated with Lifting
26.4.1 Owner/managing agents of vessel(s) should ensure that Masters, crew and
operators of winches and lifting gear are familiar with the stability issues detailed in
section 11.6 as applied to the type of vessel being operated and the nature of the
duties being undertaken. Refer also to Section 25.4.
26.5 Pilot Boats
26.5.1 Pilot Boats should be manned as specified in 25.6.3footnote.
26.6 Stability Training
26.6.1 The Master of every vessel should be familiar with the vessel’s Stability
Guidance Bookletfootnote, should insert the information required of the Master, and
should ensure that it is drawn to the attention of all watch keepers on board. In the
case of vessels also required to be provided with an approved Stability Information
Booklet (SIB), masters should have a knowledge and understanding of its contents and
should ensure that the vessel is operated within the limiting conditions of the SIB.
26.6.2 The Master of any workboat which is required to be provided with an
Stability Information Booklet should have attended an approved Stability Course for
Workboats, see Appendix 3, section 2.4.
26.7 Towing Endorsements
26.7.1 A system of voluntary towing endorsements has been developed by the MCA
with industry for the Masters of vessels engaged in towing. Owners and Masters are
recommended to consider these Towing endorsements as evidence of competence for those
engaged in towing. See MGN 468(M)footnote for details.
26.8 Carriage of Dangerous Goods Training
26.8.1 The owner/managing agent shall determine which staff will be trained, what
levels of training they require and the training methods used to enable them to comply
with the provisions of the IMDG Code Chapter 1.3. This training shall be provided or
verified upon employment in a position involving dangerous goods transport. For
personnel who have not yet received the required training, the owner/managing agent
shall ensure that those personnel may only perform functions under the direct
supervision of a trained person. The training shall be periodically supplemented with
refresher training to take account of changes in regulations and practice. The
Administration, may audit the owner/managing agent to verify the effectiveness of the
system in place, in providing training of staff commensurate with their role and
responsibilities. See also section 29.5.1.
26.8.2 General awareness/familiarization training:
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.1 each person shall be trained to be familiar with the general provisions of
dangerous goods transport provisions; and
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.2 such training shall include a description of the classes of dangerous goods
(see section 29 Informative Note) and associated labelling, marking, placarding,
packing, stowage, segregation and compatibility provisions; a description of the
purpose and content of the dangerous goods transport documents and the format and
location on board of the appropriate emergency response documents and actions to
be taken in the event of an incident.
26.8.3
Function-specific training: Each person shall be trained in specific dangerous
goods transport provisions which are applicable to the function that person performs.
26.8.4
Records: Records of training received according to section 26.8 shall be kept by
the employer and made available to the employee or competent authority, upon request.
Records shall be kept by the employer and made available for up to five years to the
employee or the Administration, upon request.
26.9 Single Handed Operations
26.9.1 MCA does not recommend single handed operations.
26.9.2 In all cases where single handed operations take place the owner/managing
agent and the skipper should be satisfied that it is safe to do so.
26.9.3 A single handed operation is considered to be taking place when
either:
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.1 there is only one person on board the vessel; or
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.2 there is a skipper on board with passengers or industrial personnel, and there
is no one else on board capable of assisting the skipper in an emergency.
26.9.4 Where a watch system is necessary to maintain the safe navigation of the
vessel due to extended periods at sea, single handed operations are not permitted.
26.9.5 Vessels operating under this Code, other than those engaged in towing or
as Pilot Boats or in any other business which involves the transfer of personnel at sea,
may be operated single handed providing that the person operating the vessel complies
fully with the minimum requirements for a skipper (appropriately qualified for the
operating area) and the following conditions:
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.1 the area of operation is restricted to Area Category 3, 4, 5 or 6 in conditions
of favourable weather and subject to favourable official weather forecasts for the
area throughout the period of operation; and
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.2 the duration of the voyage should not exceed 8 hours; and
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.3 the vessel is not operated single handed in conditions of restricted
visibility; and
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.4 an acceptable lifejacket is worn at all times by the skipper; and
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.5 no overside working takes place whilst the vessel is being operated single
handed; and
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.6 details of the time and point of departure, voyage plan and the Expected Time
of Arrival (ETA) of every single handed voyage are left with a suitable person
ashore and that person is notified of the safe arrival on completion of each
voyage; and
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.7 communication should be made with a person ashore or with a vessel in company
at regular agreed intervals; and
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.8 On all open inflatable boats, boats fitted with a buoyant collar
and open boats that achieve planing speed including tenders, engine kill-cords
should be fitted and used at all times during navigation and whilst the engine is
on. A spare kill cord is to be carried on board or the kill system should be
capable of override to facilitate the rescue of the person going overboard with
the cord attached. See 7.6.5 for exclusions to the fitment and use of kill cords.
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.9 Skippers are most strongly recommended to wear 406 MHz personal locator beacons
(PLB)footnote, footnote with GPS and a light whilst on the open deck at
sea.
26.9.6 In some cases, because of the size and arrangement of the vessel, the
Certifying Authority may deem the vessel not to be suitable for single handed
operations.
26.9.7 The vessel’s Workboat Certificate should also be endorsed "suitable for
single handed operation” to indicate that it is suitable for single handed operation.
Where a Small Workboat with a Pilot Boat Endorsement is considered safe for single
handed operation, the conditions on the Certificate should be suitably endorsed so that
it is clear that the vessel should not be used for single handed operation when being
used as a Pilot Boat.
26.10 Vessels Not Engaged In Single Handed Operations
26.10.1 Where the vessel is not suitable for single handed operations, and there
is only one member of crew onboard (the Master), Appendix 3 Table A3.1 requires that “a
second person should be capable of assisting the skipper in an emergency should also be
onboard”. The skipper should brief the second person who will be sailing on the voyage.
Such a brief, as a minimum, will include the following (on the requirements provided as
follows):
- 1. location of liferafts and method of launching; and
- 2. procedures for the recovery of a person from the sea; and
- 3. location and use of pyrotechnics; and
- 4. procedures and operation of radios carried on board; and
- 5. location of navigation and other light switches; and
- 6. location and use of firefighting equipment; and
- 7. method of starting, stopping, and controlling the main engine; and
- 8. method of navigating into a suitable port of refuge; and
- 9. the location of the Stability Guidance Booklet/Stability Information Booklet as
applicable.
26.11 Minimum Hours of Rest Provisionsfootnote
26.11.1 Fatigue at sea is a serious safety issue and operators should ensure that all
vessels certificated under the Code are sufficiently manned to avoid the need to work
excessive hours. The Master is responsible for ensuring, so far as is reasonably
practicable, that he/she and all crew members comply with the minimum hours of rest
and are properly rested when they begin work and obtain adequate rest when not on
duty. The minimum hours of rest for anyone employed on board should be not less
than:
- 1 10 hours in any 24-hour period; and
- 2 77 hours in any seven day period.
26.11.2 The periods of rest should be broken down into no more than 2 periods at
least one of which should be at least 6 hours. Longer periods of rest are far more
effective in combating fatigue than several short periods.
26.11.3 These limits should be observed as minimum periods, bearing in mind that the
noise and vibration which are inevitable from working on some small vessels are
likely to increase fatigue.
26.11.4 For boats operating on the basis of watchkeeping arrangements, a schedule of
duties should be drawn up setting out the hours of work and rest periods. In drawing
up a schedule, factors to be taken into account may include:
- 1. type of operation;
- 2. details of the watchkeeping arrangements;
- 3. the total workload;
- 4. the seriousness of irregular working hours and their contribution to causing
fatigue and the importance of scheduling reasonably stable working hours.
26.11.5 A record of seafarer’s hours of rest must be kept, and endorsed by the Master
or a representative of the Master, and by the seafarer.
26.11.6 Hours worked ashore, alongside, preparing and storing the vessel, on other
vessels or in other employment accumulate towards the total number of hours worked by
those employed on board a vessel. This should be taken into account when ensuring
that sufficient hours of rest are provided.
26.11.7 MSN 1868 (M)footnote provides full details of the hours of rest
requirements.
26.12 Vessels Used as Diving Platformsfootnote
26.12.1 It is strongly recommended that for vessels used as a diving platform, that
the second hand should be a person deemed a responsible person by the Master, over 16
years of age, who can assist the Master in an emergency. There are obvious benefits
for that additional person to have diving and diving emergency training and
experience. Vessels used as diving platforms should NOT have their Certificates
endorsed for single handed operations as over side working could take place.
26.13 Alternative Safety Standards (Appendix 4)
26.13.1 Where a vessel is certified to operate under the provisions of Appendix 4
to this Code, the Master of a vessel operating under that arrangement should be
qualified as if he were operating a vessel certified for Area Category 6 as a minimum.
26.14 Employment of Young Persons
26.14.1 The employment, engagement or work on board a vessel of any person under the
age of 16 years old is not permittedfootnote. See 22.1.2 for information on where to find guidance on
the employment of persons under 18 years of age.
26.14.2 A record should be made of any person under the age of 18 years who is
working on the vessel, and a risk assessment should be carried out to ensure that any
additional risks arising from their immaturity or inexperience are identified and
appropriate measures put in place for their protection. Persons under the age of 18
years old are not permitted to work at night.
Current requirements are in SI1998/2411 Merchant Shipping (Employment of Young
Persons) Regulations 1998 and MLC requirements are published in MSN 1838(M)footnote.
26.15 Seafarer Employment Agreements (SEAs)
26.15.1 Every person working on a vessel (unless they are the owner or joint owner)
should have a written employment agreement with the owner. For vessels operating
outside the UK, a copy should be kept on board for inspection by port state control
officers. MGN 477(M)footnotegives further information, including the minimum contents
of an SEA.
26.15.2 For those working in the UK, as an alternative to the SEA, the Master and
crew members may have a statement of particulars setting out:
- .1 names of the employer and employee;
- .2 date when the employment began;
- .3 the date on which the employee’s period of continuous employment
(taking into account any employment with a previous employer which counts towards
that period);
- .4 rate of wages, or method of calculation of wages, and how often
they are paid;
- .5 any terms and conditions relating to hours of work, including any
terms and conditions relating to normal working conditions;
- .6 entitlement to holidays, including public holidays, and holiday
pay;
- .7 provisions about sickness or injury, including and provision for
sick pay;
- .8 information about any pensions or pension schemes attached to the
employment;
- .9 notice period for both the employee and the employer;
- .10 the title of the job which the employee is employed to do, or a
brief description of the work for which they are employed;
- .11 for temporary employment, the period for which it is expected to
continue, or if it is for a fixed term, the date when it is to end;
- .12 the place of work, or where the employee is required or permitted
to work at various places, an indication of that and the address of the employer;
- .13 any collective agreements that directly affect the terms and
conditions of the employment including, where the employer is not a party, the
persons by whom they were made;
- .14 where the employee is required to work outside the UK for a
period of more than one month;
-
- .1 the period they are required to work outside the
UK;
- .2 the currency in which remuneration will be paid while they
are working outside the UK;
- .3 any additional remuneration payable to them, and any benefits to be
provided to or in respect of him, by reason of his being required to work
outside the UK; and
- .4 any terms and conditions relating to their return to the UK.
26.15.3 There is a model format for a Seafarer Employment Agreement which may be
useful for small businesses, such as many in this industry, in Appendix 2. MGN 477(M)
provides further information.
26.16 Complaints procedure
26.16.1 The shipowner must have an on board complaints procedure, to allow seafarers
to raise any problems regarding their living and working conditions (see MSN
1849(M)footnote).
If the seafarer is unable to obtain a satisfactory response from the
shipowner, they have the right to make a complaint to an MCA surveyor or a port state
control officer (see MGN 487(M)footnote).
26.17 Recruitment and Placement
26.17.1 Only seafarer recruitment and placement services which are compliant with the
Maritime Labour Convention, 2006, A1.4.should be used. Any recruitment and placement
service in a ratifying country can be assumed to be compliant, subject to evidence to
the contrary. If a recruitment and placement service in a non-ratifying country is
used ship owner(s) should assure themselves that they are compliant. MGN
475(M)footnoteprovides the standards for a recruitment and placement
service under the MLC.
26.18 Entitlement to Leave
26.18.1 Anyone working on a vessel is entitled to 2.5 days per month of employment,
plus 8 additional days in respect of public holidays. Justified absences should not
be considered as part of the annual leave entitlement.
26.19 Repatriation
26.19.1 Shipowners should ensure that seafarers do not have to meet the costs of
their repatriation at the end of their contract, or, if a shorter period, as a
minimum after 11 months on board. The details of repatriation arrangements are set
out in MGN 479(M)footnote.
26.20 Seafarer Compensation for the Vessel’s Loss or Foundering
26.20.1 If the vessel is lost, the shipowner is liable to pay seafarers wages for up
to two months and to compensate them for loss of possessions. The level of such
compensation should be specified in the seafarer’s employment agreement. See MGN
480(M)footnote.
26.21 Maritime Labour Certificates
26.21.1 Maritime Labour Certificates are required on all vessels of 500GT and over.
However, owners/managing agents of vessels of less than 500GT may voluntarily apply
for their vessels be issued with such certificates to avoid Port State Control
complications when operating overseas. Whilst elements of the compliance procedure
may be carried out by the Certifying Authorities, such certificates may only be
issued to UK vessels by the MCA. However MLC compliance is a requirement for vessels
of less than 500 gt that operate outside UK waters and those operating more than 60
miles from a UK safe haven, and all non UK vessels operating in UK waters. For
further details see Section 21, 21A or 21B of this Code, MSN 1848(M)footnote and MGNs 490(M)footnote, as amended, and 491(M)footnote, as amended.