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SEACARE HEALTH & SAFETY REPS FORUM

SEACARE HEALTH & SAFETY REPS FORUM. A UNION PERSPECTIVE Martin Byrne, AIMPE. SEACARE HEALTH & SAFETY REPS FORUM. Seafarers have the right to work in safety – to do their jobs at sea without getting injured and to go home safely at the end of each swing.

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SEACARE HEALTH & SAFETY REPS FORUM

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  1. SEACARE HEALTH & SAFETY REPS FORUM A UNION PERSPECTIVE Martin Byrne, AIMPE

  2. SEACARE HEALTH & SAFETY REPS FORUM • Seafarers have the right to work in safety – to do their jobs at sea without getting injured and to go home safely at the end of each swing. • Seafarers also have an obligation to work safely – both for their own safety and for the safety of everyone else on board

  3. SEACARE HEALTH & SAFETY REPS FORUM • OHS (MI) 1993 – first Commonwealth law to establish statutory occupational health and safety duties and rights • Previously common law duty of care • Supervised by Seacare Authority – first body in Australia to deal both with Health & Safety as well as Compensation & Rehabilitation.

  4. SEACARE HEALTH & SAFETY REPS FORUM • OH&S (MI) provided for HSRs and Committees • However these are not mandatory under OH&S (MI) • HSRs may be selected: 41 Selection of health and safety representatives (1) One health and safety representative may be selected for each designated work group.

  5. SEACARE HEALTH & SAFETY REPS FORUM • Many ships covered by OH&S (MI) do have HSRs and Committees. • Some do not have HSRs and Committees • Concern about the vessels that do not have active HSRs and/or Committees generated the idea for a forum to raise the issue of the role and function of the HSRs and Committees

  6. SEACARE HEALTH & SAFETY REPS FORUM • Some problems with the process as it currently stands: • LEGISLATIVE • Voluntary not mandatory • Designated work groups issue • PRACTICAL • Training availability • Casual personnel • Time squeeze especially on shorthanded vessels

  7. SEACARE HEALTH & SAFETY REPS FORUM • ILO Maritime Labour Convention 2006 [MLC] Brings together over 80 years of international maritime conventions in a single consolidated document

  8. SEACARE HEALTH & SAFETY REPS FORUM • MLC: • enforcement procedures included • OH&S included • HSRs and Committees mandatory for vessels with 5 or more seafarers

  9. SEACARE HEALTH & SAFETY REPS FORUM • MLC Standard A4.3 - Health and safety protection and accident prevention: “….specify the authority of the ship's seafarers appointed or elected as safety representatives to participate in meetings of the ship's safety committee. Such a committee shall be established on board a ship on which there are five or more seafarers.”

  10. SEACARE HEALTH & SAFETY REPS FORUM • If and when Australia ratifies the MLC, there will need to be amendment to the OHS (MI) to comply • Complex process – requires broad agreement and compliance strategies

  11. SEACARE HEALTH & SAFETY REPS FORUM • PERFORMANCE • Reducing injury rate • Zero fatalities since 1994

  12. SEACARE HEALTH & SAFETY REPS FORUM • FUTURE OUTLOOK • National OH&S harmonisation • Separate maritime OH&S jurisdiction • Prosecution issue • Single maritime jurisdiction?

  13. SEACARE HEALTH & SAFETY REPS FORUM

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