Legislation and Enforcement
The Maritime Safety Directorate (MSD) and the Health and Safety Authority enforce the Irish legislation with regard to safety and health on board fishing vessels. There is a Memorandum of Understanding between both agencies with regard to safety.
The specific legislation enforced by the HSA applicable to this sector includes:
- The Safety, Health and Welfare at Work Act 2005
- The Safety, Health and Welfare at Work (General Applications) Regulations, 2007
- The Safety, Health and Welfare at Work (Fishing Vessels) Regulations 1999
Safety, Health and Welfare at Work (Fishing Vessels) Regulations 1999
These regulations are extensive and cover all areas relating to safety on board, such as the duties and responsibility for all on board, vessel construction, accommodation, stability, fire fighting, electrics and so on. The regulations set out the roles of the Department of Transport (MSD) and the HSA.
Other legislation generally enforceable by the Department of Transport (MSD) includes the following.
Fishing Vessel (Personal Flotation Devices) Regulations 2001
The regulation requires all crew members of fishing vessels to wear a suitable personal flotation device while on the open deck of a vessel.
Fishing Vessel (Basic Safety Training) Regulations 2001
The regulation requires every crew member of a fishing vessel to undertake basic safety training consisting of:
- Personal survival techniques, including man overboard
- Elementary first aid
- Fire prevention, health and safety training
This training must be received before going to sea for the first time on a fishing boat.
EC (Minimum Safety and Health Requirements for Improved Medical Treatment on Board Vessels) Regulation 1997
The regulation sets out the minimum requirements for fishing vessels regarding the stocking and maintaining, first aid stores and first aid knowledge.
Fishing vessels, which come under this code of practice, are required to stock either category B or C medical supplies as listed in the regulation.
Enforcement
The Health and Safety Authority is the state agency responsible for enforcing the laws on safety, health and welfare.
Enforcement through inspection has been very limited over several years, particularly since the establishment of the MSD which gave the Department of Transport MSD division the principal inspection role.