Shipowner’s duty to ensure safety and health of seafarers
Open ↗40.—(1) It is the duty of a shipowner to take, so far as is reasonably practicable and in accordance with any standards prescribed by the Authority, such measures as are necessary, and as may be prescribed, to ensure the safety and health of the seafarers on board the shipowner’s ship.
(2) For the purposes of subsection (1), the measures necessary to ensure the safety and health of seafarers on board a ship include —(a)
providing and maintaining for seafarers a work environment which is safe, without risk to health and adequate as regards facilities and arrangements for their welfare at work;
(b)
ensuring that adequate safety measures are taken to prevent occupational accidents, injuries and diseases;
(c)
developing and implementing procedures for inspection, reporting and dealing with emergencies that may arise on board the ship; and
(d)
ensuring that the master and seafarers on board the ship have adequate instruction, information, training and supervision, especially with regard to young seafarers, as is necessary for them to comply with any prescribed measures.
Master’s duty to implement measures
Open ↗41.—(1) It is the duty of the master to ensure that the measures taken by the shipowner as mentioned in section 40 are implemented on board the ship.
(2) The master, or a person designated by the master, must at regular intervals inspect and correct unsafe conditions on board the ship, and must report those occurrences to the shipowner.
Duties of seafarers at work on board ship
Open ↗42. It is the duty of every seafarer at work on board a ship —(a)
to comply with the safety measures mentioned in section 40(2)(b) as taken by the shipowner; and
(b)
to cooperate with the shipowner or the master to the extent as will enable the shipowner or the master (as the case may be) to comply with the provisions of this Act.
Safety committee
Open ↗43.—(1) Every ship which ordinarily operates with 5 or more seafarers on board must have a safety committee for that ship.
(2) Every safety committee must comprise the master, any person designated by the master and seafarer representatives.
(3) The functions of the safety committee appointed for a ship are —(a)
to keep under review circumstances on board the ship which affect or may affect the safety or health of the seafarers;
(b)
to carry out inspections of the scene of any accident in the interest of the safety and health of the seafarers; and
(c)
to exercise such other functions and duties as may be necessary to assist the shipowner in discharging the shipowner’s duties under this Part.
Codes of practice
Open ↗44.—(1) For the purpose of providing practical guidance with respect to the requirements of this Part relating to measures necessary to ensure the safety and health of seafarers, including measures on occupational health protection and medical care, the Authority may do all or any of the following:(a)
issue one or more codes of practice, which may include any code of practice issued or approved under another written law if the Authority considers that code of practice suitable for this purpose;
(b)
approve as a code of practice any document prepared by any person or organisation other than the Authority if the Authority considers the document as a suitable document for this purpose;
(c)
amend or revoke any code of practice issued or approved under this section.
(2) The power of the Authority under subsection (1)(a) or (b) to issue or approve a code of practice that is either a code of practice issued or approved under another written law or a document prepared by any person or organisation other than the Authority includes the power to issue or approve a part of that code of practice or document.
(3) Where a code of practice is issued, approved, amended or revoked by the Authority under subsection (1), the Authority must —(a)
publish a notice of the issue, approval, amendment or revocation (as the case may be) of the code of practice in a manner that will secure adequate publicity for such issue, approval, amendment or revocation;
(b)
specify in the notice mentioned in paragraph (a) —(i)
the date of issue, approval, amendment or revocation, as the case may be;
(ii)
the class of hazards, activities or articles in respect of which the code of practice is issued, approved, amended or revoked; and
(iii)
the place at and the time during which, or the Internet website where, the code of practice which is the subject of the notice may be inspected; and
(c)
ensure that, so long as the code of practice remains in force, copies of that code, and of all amendments to that code, are available for inspection by shipowners or seafarers free of charge.
(4) No code of practice, no amendment to an approved code of practice, and no revocation of any such approved code of practice, has any force or effect until the notice relating to it is published in accordance with subsection (3).
(5) An approved code of practice that is also either a code of practice issued or approved under another written law or a document prepared by any person or organisation other than the Authority must consist of the contents of that code or document as that code or document existed on the date it was issued or approved as an approved code of practice under this section.
(6) If any provision of any approved code of practice is inconsistent with any provision of this Act, such provision, to the extent of the inconsistency —(a)
has effect subject to the provisions of this Act; or
(b)
having regard to the provisions of this Act, does not have effect.
(7) Any approved code of practice is deemed not to be subsidiary legislation.
Use of approved codes of practice in criminal proceedings
Open ↗45.—(1) A person shall not be liable to any criminal proceedings by reason only that the person has failed to observe any approved code of practice.
(2) In any proceedings for an offence under this Act, an approved code of practice that is relevant to any matter which is necessary for the prosecution to prove in order to establish the commission of the offence is admissible in evidence in the proceedings.
(3) Without affecting any other method of proof, in any proceedings for an offence under this Act —(a)
the production of a document purporting to be a copy of a notice published by the Authority under section 44(3)(a) is to be taken to be such a notice until the contrary is proved; and
(b)
the production of a code of practice, or an amendment or a revocation of a code of practice, purporting to be the subject of a notice under section 44(3)(a) is to be taken to be the subject of that notice until the contrary is proved.
Investigation into occupational accidents, injuries and diseases on board ships
Open ↗46.—(1) Where the Director becomes aware of any occupational accident, injury or disease arising from service on board any ship, the Director may appoint an inspector to investigate the cause and circumstances of the occupational accident, injury or disease.
(2) The Director or an inspector appointed by the Director under subsection (1) may, for the purposes of an investigation under this section —(a)
board any ship;
(b)
inspect any ship;
(c)
summon any person before the Director or inspector and require the person to answer questions;
(d)
require any person to furnish a sworn statement relating to the cause or circumstances of the occupational accident, injury or disease; and
(e)
require the production of any book, logbook, certificate, register, document or other information relating to any ship or persons on board the ship.
(3) Except with the Director’s permission, a person must not, unless necessary for the prevention of any accident or for the safe navigation of a ship —(a)
alter, replace, remove or add to any machinery, equipment or article which may have contributed to the cause of any occupational accident, injury or disease; or
(b)
modify the scene of the occupational accident or injury or the place where the occupational disease occurred.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
