European Communities (Minimum Safety and Health Requirements For Improved Medical Treatment On Board Vessels) Regulations, 1997

• Jurisdiction: Ireland
• Citation: IR SI 506/1997
• Year: 1997

S.I. No. 506 of 1997.

EUROPEAN COMMUNITIES (MINIMUM SAFETY AND HEALTH REQUIREMENTS FOR IMPROVED MEDICAL TREATMENT ON BOARD VESSELS) REGULATIONS, 1997

I, MICHAEL WOODS, Minister for the Marine and Natural Resources, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving full effect to Council Directive 92/29/EEC 1 of 31 March 1992, hereby make the following Regulations:-

(1) O.J. No. L113 of 30.4.92, p.19 1. (1) These Regulations may be cited as the European Communities (Minimum Safety and Health Requirements for Improved Medical Treatment on Board Vessels) Regulations, 1997.

(2) These Regulations shall come into operation on the 31st day of December, 1997. 2. (1)In these Regulations-

"captain of a vessel" means the person for the time being having the command or charge of a vessel and includes the master and, in the case of a fishing vessel, the skipper ;.

"category of vessel" has the meaning assigned to it by Regulation 3(5);.

"the Council Directive" means Council Directive No. 92/29/EEC 2 of 31 March, 1992;

2O. J No. L113 of 30.4.92, p.19

"the Minister" means the Minister for the Marine and Natural Resources.

(2) A word or expression that is used in these Regulations and is also used in the Council Directive, has, unless the contrary intention appears, the same meaning in these Regulations that it has in the Council Directive.

(3) In these Regulations -

( a ) a reference to a Regulation or a Schedule is a reference to a Regulation of or a Schedule to these Regulations unless it is indicated that reference to some other Regulations is intended, and.

( b ) a reference to a paragraph or a subparagraph, is a reference to the paragraph or the subparagraph of the Regulation in which the reference occurs unless it is indicated that reference to some other provision is intended. 3. (1) The owner of a vessel shall -

( a ) provide that vessel with not less than the quantities of the medicines and medical equipment that are specified in the Second Schedule for the category of vessel to which the vessel concerned belongs, and.

( b ) take all measures that are necessary to ensure that the medicines and medical equipment referred to in subparagraph (a) are carried on board the vessel concerned at all times.

(2) The owner of a vessel that is equipped with a life-raft or lifeboat or both shall.

( a ) provide that life-raft or lifeboat with a watertight medicine chest containing not less than the quantities of the medicines and medical equipment that are specified in the Second Schedule for category C vessels, and.

( b ) take all measures that are necessary to ensure that the watertight medicine chest, referred to in subparagraph (a), is carried on each life-raft or lifeboat or both at all times.

(3) The owner of a vessel shall provide the vessel concerned with a sickbay in which medical treatment can be administered under satisfactory material and hygienic conditions if the vessel concerned—

( a ) is of 5 00 or more gross tonnes, .

( b ) has a crew of 15 or more members, and .

( c ) is engaged on a voyage of more than 3 days.

(4) The owner of a vessel that -

( a ) has a crew of 100 or more workers, and.

( b ) engages on an international voyage of more than 3 days,

shall ensure that a medical doctor is on the vessel to provide medical care for the workers during the voyage.

(5) In these Regulations "category of vessel" means the category of vessel specified in the First Schedule. 4. (1) The owner of a vessel carrying a dangerous substance shall -

( a ) provide that vessel, including a life-raft or lifeboat that is attached to it, with not less than the quantities of the antidotes that are specified in the Second Schedule for the category of vessel to which the vessel concerned belongs, and.

( b ) take all measures that are necessary to ensure that the antidotes referred to in paragraph (a) are carried on board the vessel concerned at all times.

(2) An owner of a ferry-type vessel who has reasonable cause to believe that a dangerous substance may from time to time be carried on that ferry-type vessel shall provide it with not less than the quantities of the antidotes that are specified for that ferry-type vessel in the Second Schedule for the category of vessel to which the ferry-type vessel concerned belongs.

(3) Paragraph (2) shall not apply to a ferry-type vessel if the journey of the ferry-type vessel concerned is less than 2 hours duration, but the owner of that ferry-type vessel shall, in relation to the antidotes specified for such ferry-type vessel in the Second Schedule for the category of vessel to which ferry-type vessel concerned belongs, provide the antidotes so specified which are required to be administered—

( a ) in cases of extreme emergency, and.

( b ) within a period of time that does not exceed the normal duration of such journey.

(4) In this Regulation "dangerous substance" means a dangerous substance that is specified in the Third Schedule. 5. (1) The owner of a vessel shall provide that vessel with the most recent edition of the guide to the use of the medicines, medical equipment and antidotes that is specified in the Fourth Schedule for the category of vessel to which the vessel concerned belongs.

(2) The owner of a vessel that is equipped with a life-raft or lifeboat or both shall provide each such life-raft or lifeboat with the most recent edition of the guide to the use of the medicines, medical equipment and antidotes that is specified for category C vessels in the Fourth Schedule.

(3) The owner of a vessel shall take all necessary measures to ensure that the guide to the use of the medicines, medical equipment and antidotes that is referred to in paragraph (1) for such vessel, and where necessary the guide referred to in paragraph (2), is carried on board that vessel at all times. 6. (1) The provision or replenishment, in accordance with these Regulations, of-

( a ) the medicines, medical equipment, antidotes and guide in accordance with these Regulations,.

( b ) a sickbay in accordance with Regulation 3 (3), and .

( c ) a medical doctor in accordance with Regulation 3(4),.

shall be made at the expense of the owner of the vessel concerned.

(2) Notwithstanding the quantities of the medicines, medical equipment and antidotes specified in these Regulations for each category of vessel the owner of a vessel, when making provision for such medicines, medical equipment and antidotes in accordance with these Regulations, shall have regard to-

( a ) the nature of the voyage,

( b ) the ports of call, destination and duration of the voyage,

( c ) the type of work that is to be carried out on board the vessel during the voyage,

( d ) the nature of the cargo on board the vessel, and

( e ) the number of workers on board the vessel. 7. (1) The captain of a vessel shall ensure that the medical supplies that are specified under these Regulations for the vessel concerned are -

( a ) correctly stored on the vessel and maintained in good condition, and.

( b ) replenished or, where necessary, replaced in the course of the normal revictualling procedures for the vessel concerned.

(2) The captain of a vessel shall ensure that the guide to the use of medicines, medical equipment and antidotes that is referred to in Regulation 5 shall be -

( a ) maintained in good condition, and

( b ) kept within reasonable proximity to the medical supplies on board the vessel concerned.

(3) The captain of a vessel shall keep a checklist of the medical supplies that are specified for the vessel concerned, including any life-raft or lifeboat, in the form specified in the Fifth Schedule for the category of vessel to which the vessel concerned belongs.

(4) Without prejudice to paragraph (1), (2) and (3), the captain of a vessel may delegate some or all of the functions specified to a worker specially designated by reason of his or her competence. 8. The captain of a vessel shall take all necessary measures to ensure that any medical supplies which are not on board the vessel and in respect of which that captain received medical advice concerning a medical emergency which has occurred on board the vessel and are required for the purposes of such medical emergency are obtained as soon as possible. 9. (1) The Minister may designate a radio medical consultation centre to provide workers with free medical advice by radio.

(2) Where the Minister designates a centre referred to in paragraph (1) and that centre, with the agreement of the worker concerned whether express or implied, keeps personal medical records, the centre shall ensure the confidentiality of such records.

(3) Where the Minister designates a centre referred to in paragraph (1), such designation shall be published in Iris Oifigiúil and may be published in any other publication, as in the opinion of the Minister, is appropriate. 10. (1) A person who contravenes a provision of—

( a ) paragraph (1), (2), (3) or (4) of Regulation 3,

( b ) paragraph (1), (2) or (3) of Regulation 4,

( c ) Regulation 5,

( d ) paragraph (1), (2) or (3) of Regulation 7, or

( e ) Regulation 8,

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500.

(2) In proceedings for contravention of Regulation 5 the onus of proof in relation to any question concerning whether the edition of the guide provided is or was the most recent edition shall lie on the person against whom the proceedings are brought.

(3) Where an offence under these Regulations is committed by a body corporate and is proved to have been so committed with the consent, connivance or approval of, or to be attributable to, any neglect on the part of a person, being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to...