SEACARE MARITIME OHS Conference 2007 ► Seacare - integrated OHS scheme and Compensation system established 1992/93 ► Single, minimalist structure – Seacare.

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Presentation transcript:

SEACARE MARITIME OHS Conference 2007 ► Seacare - integrated OHS scheme and Compensation system established 1992/93 ► Single, minimalist structure – Seacare Authority ► Holistic approach ► Being imitated by the establishment of ASCC

SEACARE MARITIME OHS Conference 2007 ► States, Territories and Commonwealth have separate OHS and compensation legislation structures. ► Central Funds – Comcare, SA, Qld., Vic. ► Managed Funds - NSW ► Private Insurers – Tas, WA, ACT Where does Seacare fit in? Compensation - private insurers, employer managed claims. OHS – integrated, sets standards, AMSA inspectorate

SEACARE MARITIME OHS Conference 2007 ► Contrast NOPSA ► Safety only, not compensation/rehabililtation ► Concern – lack of clarity about application of IMO conventions following “disapplication of Navigation Act and OHS(MI) Act”

SEACARE MARITIME OHS Conference 2007 ► Petroleum (Submerged Lands) Act 1967 ► Act No. 118 of 1967 as amended ► 11A Disapplication of the Navigation Act 1912 and the Occupational Health and Safety (Maritime Industry) Act 1993 in adjacent areas ► Disapplication of Maritime legislation ► (1)The Maritime legislation does not apply in relation to a facility located in the adjacent area of a State or Territory, while it is a facility.

SEACARE MARITIME OHS Conference 2007 ► “Maritime legislation means: ► (a)the Navigation Act 1912; and ► (b)the Occupational Health and Safety (Maritime Industry) Act 1993; and ► (c)any subordinate legislation under either of those Acts.”

SEACARE MARITIME OHS Conference 2007 ► NOPSA – Safety Case concept ► Supervised self-regulation ► Contrast with IMO conventions established and internationally agreed over many decades ► Lack of transparency of Safety Case

SEACARE MARITIME OHS Conference 2007 ► FSOs and FPSOs are subject to the ‘disapplication’ provisions of PSLA & OPA as long as they are connected ► Immediately on disconnect the Navigation act and IMO Conventions apply.

SEACARE MARITIME OHS Conference 2007 ► AMSA & multiple State maritime authorities; ► Jurisdictional boundary – constitutional settlement, State waters, intra-state voyages vs inter-state & international voyages; ► Alternative suggestion 500 GRT put to ATC – not pursued

SEACARE MARITIME OHS Conference 2007 ► Long term solution? ► National maritime laws for all commercial vessels – AMSA for vessel safety, - Seacare for OH&S and compensation/rehabilitation ► States to retain private pleasure craft responsibility – ‘boating’ as opposed to commercial shipping.

SEACARE MARITIME OHS Conference 2007 ► Injury target – 40% reduction over the 10 years to 2012 ► Fatality target – continue zero fatalities

SEACARE MARITIME OHS Conference 2007 ► Fatalities under Seacare system ► 1993 – 28 July “Maersk Runner” Mate struck by parting wire during anchor handling operations ► 1993 – 29 December “Shelf Supporter” IR crushed by skip on afterdeck ► 1994 – 3 March “Australian Achiever” Cadet Engineer death by electrocution

SEACARE MARITIME OHS Conference 2007 ► Tremendous achievement to have zero fatalities since March ► Compared to other parts of maritime industry [fishing, tourism, boating] this is an almost unbelievable result. ► Deaths have occurred due to - e.g.fires, explosion, asphyxiation, falls, crushing. ► Major challenge to maintain that tremendous outcome.

SEACARE MARITIME OHS Conference 2007 ► MSQ Marine Information Bulletin issued 12 January 2007 ► Commercial Ships ► Electrical Standards and Licensed Electricians ► “What about maintenance and repairs to the electrical installations on a ship?”

SEACARE MARITIME OHS Conference 2007 ► MSQ ► “Maintenance and repairs to LV electrical installations on ships is electrical work and may only be performed by a licensed electrician.”