First edition published 2015 ISBN: 978-1-85609-696-6 © UK Chamber of Shipping, 2015 British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library. Notice of Terms of Use All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior permission of the publishers. While the advice given in this book (Guidelines to Shipping Companies on Health and Safety) has been developed using the best information currently available, it is intended purely as guidance to be used at the user’s own risk. Witherby Publishing Group accepts no responsibility for the accuracy of any information or advice given in the document or any omission from the document or for any consequence whatsoever resulting directly or indirectly from compliance with or adoption of guidance contained in the document even if caused by failure to exercise reasonable care. This publication has been prepared to deal with the subject of Guidelines to Shipping Companies on Health and Safety. This should not, however, be taken to mean that this publication deals comprehensively with all of the issues that will need to be addressed or even, where a particular issue is addressed, that this publication sets out the only definitive view for all situations. Published by Witherby Seamanship A division of Witherby Publishing Group Ltd 4 Dunlop Square, Livingston, Edinburgh, EH54 8SB, Scotland, UK Tel No: +44(0)1506 463 227 Email: [email protected] Web: www.witherbys.com Printed and bound in Great Britain by Charlesworth Press, Wakefield iii PREFACE The social partners in the United Kingdom maritime industry have a long and proud history of co-operation in the promotion of the health, safety and welfare of seafarers. The UK Chamber of Shipping and the unions Nautilus International and the National Union of Rail, Maritime and Transport Workers established the National Maritime Occupational Health and Safety Committee in 1990 to continue the joint work in the field undertaken by the National Maritime Board. The Committee’s collaborative approach and ability to respond promptly to matters of concern has led to the publication of timely and relevant guidelines on a diverse range of subjects. Shipping companies that have adopted or reviewed policies in the light of the guidelines have obtained the support of the unions and acceptance of the policies by seafarers. This publication contains guidelines to shipping companies on seven key health and safety topics. They have been reviewed regularly by the Committee and are fully up to date. Three of the subjects are specifically referred to in the ILO Maritime Labour Convention, 2006 (MLC) as areas that competent authorities should address in their national guidelines for the management of occupational safety and health on board ships, whilst the guidelines on behavioural safety systems will be of interest in connection with company safety management systems. All the topics have been identified as important for the health, safety and welfare of seafarers and the shipboard working environment. Company policies on these subjects can contribute to the implementation of measures to ensure continuous improvement. The UK Chamber of Shipping is pleased to present these guidelines to a global audience and hopes that they will help to make a positive difference both to company health and safety performance and seafarer health, safety and welfare. Guy Platten Chief Executive Officer UK Chamber of Shipping v PREFACE iii 1 Guidelines to Shipping Companies on Alcohol Misuse 1 2 Guidelines to Shipping Companies on Drug Abuse 9 3 Guidelines to Shipping Companies on Hepatitis 13 4 Guidelines to Shipping Companies on HIV and AIDS 22 5 Guidelines to Shipping Companies on Workplace Smoking Policies 28 6 Guidelines to Shipping Companies on Violence, Aggression, Verbal Abuse and Threats Against Staff on Passenger Ships 34 Appendix 1 - Company Policy A 38 Appendix 2 - Company Policy B 47 Appendix 3 - Company Policy C 48 Appendix 4 - Master’s Power in Relation to Disruptive Passengers 50 Appendix 5 - A Memorandum of Understanding between the British Transport Police and Crown Prosecution Service, London - Staff Assaults 57 7 Guidelines to Shipping Companies on Behavioural Safety Systems 60 Appendix 1 - Gap analysis checklist 75 Appendix 2 - Unsafe act/unsafe condition report form 81 Appendix 3 - Observation card 87 Appendix 4 - Information for seafarers on behavioural safety systems 90 References and Useful Publications 95 CONTENTS 1 1 GUIDELINES TO SHIPPING COMPANIES ON ALCOHOL MISUSE NATIONAL MARITIME OCCUPATIONAL HEALTH AND SAFETY COMMITTEE Background The UK Chamber of Shipping, the National Union of Rail, Maritime and Transport Workers (RMT) and Nautilus International first published Alcohol Abuse at Sea: Guidelines to Shipping Companies in 1981. These were revised in 1992 under the banner of the National Maritime Occupational Health and Safety Committee (NMOHSC) following the introduction of the new penalties for conduct endangering ships, structures and individuals, including conduct under the influence of alcohol, in the Merchant Shipping Act 1988. In March 2004 Part 4 of the Railways and Transport Safety Act 2003 (the Act), entitled “Shipping, Alcohol and Drugs” came into force. This made it an offence for a seafarer to be impaired by drink or drugs whilst on duty on board a ship, or at any time on board a passenger vessel if he or she might be required to undertake emergency duties to protect the safety of passengers. In April 2004 the NMOHSC published a further revision of its guidelines, emphasising the need for companies to undertake risk assessments to help determine the maximum permitted blood/alcohol levels for seafarers on board under the policy and providing guidance on testing. In June 2010 the International Maritime Organization (IMO) adopted amendments to the International Convention on Standards of Training, Certification and Watchkeeping, 1978 (STCW). Among the amendments were new requirements in Regulation VIII/1 (Fitness for duty) and its associated Code provisions for all administrations to ensure the establishment adequate measures to prevent alcohol and drug abuse. Section A-VIII/1 of the Code prescribed a limit of 0.05% blood alcohol content for masters, officers and other seafarers while performing designated safety, security and marine environmental duties. Section B-VIII/1 recommended that each company consider the implementation of a clearly written policy of drug and alcohol abuse prevention, including prohibition to consume alcohol within four hours prior to serving as a member of a watch. The Act was modified in 2015 by the Shipping (Alcohol) (Prescribed Limits Amendment) Regulations 2015, to bring UK law into line with the STCW 2010 Manila Amendments. UK CHAMBER OF SHIPPING CHAMPIONING AND PROTECTING The NMOHSC has therefore decided again to revise its guidelines, in order to reflect current thinking and practice in the shipping industry and to provide an authoritative industry statement. Introduction 1. Moderate consumption of alcoholic drinks is a feature of social relaxation and interaction in many environments. However, on board a ship any level of alcohol consumption by crew members has implications for the safety of the ship and other persons. 2. Any seafarer who is under the influence of alcohol whilst on board is potentially a danger to their ship and persons on board. Even small quantities of alcoholic drink have been shown to be sufficient to impair judgment and increase the risk of accidents. 3. In addition a seafarer with an alcohol-related problem (see Paragraph 7 below) is unlikely to be capable of working safely at any time. 4. Inappropriate consumption of alcohol can affect work performance and lead to problems of discipline and supervision. It can be the cause of unsafe acts endangering the ship, the seafarer and others on board, the cargo and the marine environment. It can cause ill-health and in extreme cases death and can ultimately be extremely costly both to the employer and to seafarers and their families. 5. Coping with alcohol misuse requires active employer interest and involvement. Managing the issue requires careful consideration of questions of safety, health, welfare, sickness, absence management and discipline. 6. For these reasons it is considered important that shipping companies adopt policies on alcohol as part of their health and safety policies. A company policy which follows the guidelines set out in this document will enjoy the support of the trade unions Nautilus International and RMT. 7. In this guidance, “alcohol-related problem” means either alcohol dependency or habitual drinking to an extent which may be detrimental to health and the safety of the ship, the seafarer and others on board, the cargo and the marine environment. It should be viewed as a potentially treatable illness. 3 8. In this guidance, “seafarer” means any person employed on board or in service of any sea-going vessel. Aims 9. The policy should aim to: ?? promote the health, safety and welfare of seafarers; ?? maintain a safe and effective shipboard environment; ?? provide guidance to seafarers on safe and sensible alcohol consumption; ?? make known to seafarers the harmful effects of alcohol misuse; ?? identify at an early stage seafarers who may have an alcohol-related problem; ?? provide confidential advice for seafarers known to have alcohol-related problems and, if necessary, refer them for treatment. The Policy 10. The policy should be in writing and should: ?? designate a director with overall responsibility for the policy; ?? indicate concern for the health and welfare of employees, shipboard safety and the environment; ?? state clearly the maximum blood/alcohol levels permitted by the company for seafarers on board; ?? state clearly any rules as to the possession of alcoholic drinks by seafarers on board; ?? set out any testing procedures to be used by the company to enforce the policy; ?? state that seafarers found to be in breach of the rules laid down in the policy will be subject to company disciplinary procedures up to and including summary dismissal from employment, as well as possible criminal proceedings; ?? state that any seafarer who believe he/she may have an alcohol-related problem will be provided with assistance in confidence by the company strictly on condition that he/she informs the company of this voluntarily and not in consequence of any testing; UK CHAMBER OF SHIPPING CHAMPIONING AND PROTECTING ?? state that the company will co-operate with Customs’ authorities and other regulatory bodies as necessary. 11. The policy should include a declaration that the company recognises that an alcohol-related problem may constitute a potentially treatable illness and will ensure that it may be regarded as such within the terms of its policy. 12. In the formulation of its policy, the company should undertake prior consultation where appropriate with the seafarers’ organisations and obtain their support for the policy, in order to ensure its smooth implementation and acceptance by seafarers. Determination of the Maximum Blood/Alcohol Levels Permitted by the Company