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[接上页] (B) if the ship carries more than 30 ratings, 1 safety representative elected by the officers and 1 safety representative elected by the ratings in each of the deck, engine and catering departments, general purpose ratings being regarded for this purpose as included in the deck department.(2) In every election for a safety representative the candidate receiving most votes shall be elected. (3) No seafarer shall be appointed as safety officer or elected as safety representative who has less than 2 years' consecutive sea service since attaining the age of 18 years, and in relation to a safety officer or safety representative on a tanker that period shall include at least 6 months' service on a tanker. (4) Where one or more safety representatives are elected under this section in respect of any ship, the employer shall appoint a safety committee in respect of that ship which shall include the master (who shall be chairman), the safety officer and every safety representative. (5) The appointment or election under this section of every safety officer, safety representative and safety committee in respect of any ship shall be recorded by the master in the official log book. (Enacted 1995) Cap 478R s 5 Termination of office of safety officer or safety representative (1) The appointment or election under section 4 of a safety officer or safety representative in respect of any ship shall terminate- (a) on his ceasing to be employed on the ship; (b) in the case of a safety officer, on the date his appointment is terminated by the employer; (c) in the case of a safety representative, on the date of his resignation from that position or the election of another seafarer in his stead.(2) The appointment under section 4 of a safety committee in respect of any ship shall be terminated by the master when there is no longer a safety representative on the ship. (Enacted 1995) Cap 478R s 6 Duties of safety officer (1) Subject to subsection (2), the safety officer on any ship shall- (a) use his best endeavours to ensure that- (i) the provisions of the Code; and (ii) any occupational health and safety policies adopted by the employer for the ship, are complied with on board ship and during access;(b) use his best endeavours to improve the standard of safety awareness among the crew; (c) investigate- (i) every accident; (ii) every dangerous occurrence; and (iii) any potential hazard to occupational health and safety on the ship: Provided that the duty to investigate shall not extend to accidents arising from a casualty to the ship;(d) make recommendations to the master with a view to preventing the recurrence of accidents and dangerous occurrences and removing potential hazards to occupational health and safety on the ship; (e) investigate all complaints by crew members about occupational health and safety unless he has reason to believe that a complaint is of a frivolous or vexatious nature; (f) carry out occupational health and safety inspections of every accessible part of the ship at least once every 3 months, or more frequently if there have been substantial changes in the conditions of work on the ship; (g) make representations and, where appropriate, recommendations to the master and through him to the employer about any deficiency in respect of the ship regarding- (i) any legislative requirement relating to occupational health and safety; (ii) any relevant Marine Department Notice; (iii) any relevant provision of the Code;(h) ensure so far as possible that any safety instructions, rules and guidance issued by manufacturers of the ship's equipment or by the ship's owner are complied with; (i) maintain on board a record book- (i) describing the circumstances and details of all accidents and dangerous occurrences on board ship or during access (including the date, the persons involved and the nature of the injuries suffered); and (ii) containing all statements made by witnesses to such accidents and dangerous occurrences, any recommendations to prevent future similar accidents or dangerous occurrences, and details of all other investigations, complaints, inspections, representations and recommendations made under this Part, together with the outcome thereof;(j) make the record book maintained under paragraph (i) available on request to any safety representative, the safety committee, the master and the Authority; (k) order any work on board which he reasonably believes may cause a serious accident to be stopped, and immediately inform the master or the master's deputy, who shall be responsible for deciding when the work can safely be resumed; and (l) carry out any occupational health or safety investigation or inspection required by the safety committee under section 8(2).(2) Nothing in this section shall require or authorize a safety officer to take any action at a time when emergency action to safeguard life or the ship is being taken. (Enacted 1995) Cap 478R s 7 Powers of safety representative |