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. Seafarers also have an obligation to work safely – both for their own safety and for the safety of everyone else on board

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.

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.

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

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

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

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

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.”

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

SEACARE HEALTH & SAFETY REPS FORUM PERFORMANCE – Reducing injury rate – Zero fatalities since 1994

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

SEACARE HEALTH & SAFETY REPS FORUM