For the purposes of this Annex:
1 “Competent person” means a person
with suitable qualifications, training, and sufficient knowledge,
experience and skill, for the performance of the specific work. Specifically,
a Competent person may be a trained worker or a managerial employee
capable of recognizing and evaluating occupational hazards, risks,
and employee exposure to potentially Hazardous Materials or unsafe
conditions in a Ship Recycling Facility, and who is capable of specifying
the necessary protection and precautions to be taken to eliminate
or reduce those hazards, risks, or exposures. The Competent Authority
may define appropriate criteria for the designation of such persons
and may determine the duties to be assigned to them.
2 “Employer” means a natural or legal
person that employs one or more workers engaged in Ship Recycling.
3 “Existing ship” means a ship which
is not a new ship.
4 “New ship” means a ship:
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.1 for which the building contract is placed on
or after the entry into force of this Convention; or
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.2 in the absence of a building contract, the
keel of which is laid or which is at a similar stage of construction
on or after six months after the entry into force of this Convention;
or
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.3 the delivery of which is on or after 30 months
after the entry into force of this Convention.
5 “New installation” means the installation
of systems, equipment, insulation, or other material on a ship after
the date on which this Convention enters into force.
6 “Safe-for-entry” means a space that
meets the following criteria:
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.1 the oxygen content of the atmosphere and the
concentration of flammable vapours are within safe limits;
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.2 any toxic materials in the atmosphere are within
permissible concentrations; and
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.3 any residues or materials associated with the
work authorized by the Competent person will not produce uncontrolled
release of toxic materials or an unsafe concentration of flammable
vapours under existing atmospheric conditions while maintained as
directed.
7 Safe-for-hot work means a space that meets the
following criteria:
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.1 a safe, non-explosive condition, including
gas-free status, exists for the use of electric arc or gas welding
equipment, cutting or burning equipment or other forms of naked flame,
as well as heating, grinding, or spark generating operations;
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.2 Safe-for-entry requirements of regulation 1.6
are met;
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.3 existing atmospheric conditions will not change
as a result of the hot work; and
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.4 all adjacent spaces have been cleaned, or inerted,
or treated sufficiently to prevent the start or spread of fire.
8 “Shipowner” means the person or
persons or company registered as the owner of the ship or, in the
absence of registration, the person or persons or company owning the
ship or any other organization or person such as the manager, or the
bareboat charterer, who has assumed the responsibility for operation
of the ship from the owner of the ship. However, in the case of a
ship owned by a State and operated by a company which in that State
is registered as the ship’s operator, “owner” shall
mean such company. This term also includes those who have ownership
of the ship for a limited period pending its sale or handing over
to a Ship Recycling Facility.
9 “Site inspection” means an inspection
of the Ship Recycling Facility confirming the condition described
by the verified documentation.
10 “Statement of Completion” means
a confirmatory statement issued by the Ship Recycling Facility that
the Ship Recycling has been completed in accordance with this Convention.
12 “Worker” means any person who performs
work, either regularly or temporarily, in the context of an employment
relationship including contractor personnel.