Cap. 478R 《商船(海員)(安全人員和意外、危險事故及職業病報告)規例》Merchant Shipping (Seafarers) (Safety Officials and Reporting of Accidents, Dangerous Occurrences and Occupational Diseases) Regulation

a fishing vessel; or

a high speed craft that navigates exclusively between Hong Kong and any other port in China. (L.N. 77 of 2016)

the employer must appoint a safety officer; (L.N. 77 of 2016)

the employer must arrange for the officers and ratings to elect in accordance with rules made by the employer for the purposes of this paragraph— (L.N. 77 of 2016)

the employer must appoint a safety committee which includes the master, the safety officer and every safety representative, with the master as the chairperson of the committee. (L.N. 77 of 2016)

on his ceasing to be employed on the ship;

in the case of a safety officer, on the date his appointment is terminated by the employer;

in the case of a safety representative, on the date of his resignation from that position or the election of another seafarer in his stead.

use his best endeavours to ensure that—

are complied with on board ship and during access;

use his best endeavours to improve the standard of safety awareness among the crew;

investigate—

Provided that the duty to investigate shall not extend to accidents arising from a casualty to the ship;

make recommendations to the master with a view to preventing the recurrence of accidents and dangerous occurrences and removing potential hazards to occupational health and safety on the ship;

investigate all complaints by crew members about occupational health and safety unless he has reason to believe that a complaint is of a frivolous or vexatious nature;

carry out occupational health and safety inspections of every accessible part of the ship at least once every 3 months, or more frequently if there have been substantial changes in the conditions of work on the ship;

make representations and, where appropriate, recommendations to the master and through him to the employer about any deficiency in respect of the ship regarding—

ensure so far as possible that any safety instructions, rules and guidance issued by manufacturers of the ship’s equipment or by the ship’s owner are complied with;

maintain on board a record book—

make the record book maintained under paragraph (i) available on request to any safety representative, the safety committee, the master and the Authority;

order any work on board which he reasonably believes may cause a serious accident to be stopped, and immediately inform the master or the master’s deputy, who shall be responsible for deciding when the work can safely be resumed; and

carry out any occupational health or safety investigation or inspection required by the safety committee under section 8(2).

use its best endeavours to ensure that the provisions of the Code are complied with on board ship and during access;

use its best endeavours to improve the standard of safety awareness among the crew;

make representations and recommendations on behalf of the crew to the master and the employer on matters affecting the occupational health and safety of the crew;

inspect from time to time the record book maintained by the safety officer under section 6(1)(i);

ensure so far as possible the observance of any occupational health and safety policies adopted by the employer for the ship and if necessary make recommendations for their improvement;

consider and take appropriate action in respect of occupational health and safety matters affecting the ship and its crew which may arise out of reports of accidents, dangerous occurrences or notifiable diseases, Marine Department Notices, Merchant Shipping Notices, publications relating to occupational health and safety issued by the Government or other bodies, and Hong Kong enactments relating to occupational health and safety; and (L.N. 77 of 2016)

keep a record of its deliberations and conclusions, of any representations made to the master or the employer, of replies thereto and of any action resulting therefrom.

provide access to any necessary information, documents and similar material including any relevant enactment, Marine Department Notice and Merchant Shipping Notice; (L.N. 77 of 2016)

inform the safety officials—

provide necessary accommodation, office equipment supplies and similar materials;

permit inspections of the whole or part of the ship for the purposes of this Regulation;

allow the safety officer and safety representatives—

as may be necessary to enable them to perform their functions under this Regulation;

display in a place where it may easily be read by any member of the crew a notice listing the names of the safety officials;

receive, at any reasonable time, representations about occupational health and safety from the safety officials or any of them (including recommendations under section 7(b) by a safety representative that certain work should be suspended), discuss their representations with them, and implement any agreed measures as soon as reasonably practicable;

specify in writing the reasons for refusing to implement any occupational health and safety measures suggested by a safety official;

provide to a safety official on request all relevant information about every accident or dangerous occurrence on board ship or during access, or every notifiable disease contracted by the seafarers employed on the ship; (L.N. 77 of 2016)

provide to the safety officer or any safety representative on request any information or plans necessary to enable him to undertake an investigation or inspection under section 6 or 7;

arrange for the election of a safety representative and give publicity to the intention to hold such election. (L.N. 77 of 2016)

every accident to a person employed or carried on a ship which results in—

every dangerous occurrence.

the person is a member of the crew of the ship; or

the accident or dangerous occurrence involved a failure of the ship’s equipment.

the master, or if he is not available, the most senior officer available, shall report to the Superintendent as soon as possible and not later than—

every such report shall include the name and official number of the ship, its position at the time of the accident, the number of people involved in the accident, the injuries suffered, details of any damage to the ship or its equipment, any previous defect in its equipment, and, if the ship is at sea at the time of the accident, its next port of call and estimated date and time of arrival.

if the ship carries a safety officer, the master or, if he is not available, the most senior officer available shall, whether or not a report is made under subsection (2), complete and sign a report, and forward it to the Superintendent within 7 days of the date of the accident or dangerous occurrence or, if the ship is at sea at that date, within 7 days of arrival at its next port of call; (L.N. 77 of 2016)

if the ship does not carry a safety officer, the employer shall, whether or not a report is made under subsection (2)—

the seafarer’s name, address, sex and date of birth;

the employer’s name, address and contact details;

the capacity in which the seafarer is employed and the length of service with the employer; and

the details relating to the notifiable disease, including—

the disclosure or giving of information is necessary for carrying out the person’s obligations under this Part;

the disclosure or giving of information is required by law; or

the consent for the disclosure or giving of information has been obtained from the seafarer.

fails to appoint a safety officer or a safety committee, or to make rules or arrange for the election of safety representatives in accordance with section 4;

fails to carry out any duty specified in section 9; or

fails to comply with section 12(3)(b), 12A(1) or 13,

master who fails to carry out any duty specified in section 9; and

person required under section 12(2) or (3) or 12A(1) to make a report who without reasonable excuse fails to make such a report in accordance with that section or to forward it as required therein, (L.N. 77 of 2016)