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[接上页] A safety representative on any ship may- (a) participate, subject to the concurrence of the safety officer, in any of the investigations or inspections carried out on board by the safety officer under section 6, and, after notifying the master or the master's deputy, undertake similar investigations or inspections himself, whether or not they have already been carried out by the safety officer; (b) consult with and make recommendations to the master, the master's deputy and the safety officer on matters affecting the occupational health and safety of the crew he represents, including recommendations to the master that work which the safety representative believes may cause an accident should be suspended; (c) make representations through the master to the employer on matters affecting the occupational health and safety of the crew he represents; (d) request through the safety committee an investigation by the safety officer of any matter; (e) inspect the record book maintained by the safety officer under section 6(1)(i). (Enacted 1995) Cap 478R s 8 Duties of safety committee (1) The safety committee on any ship shall- (a) use its best endeavours to ensure that the provisions of the Code are complied with on board ship and during access; (b) use its best endeavours to improve the standard of safety awareness among the crew; (c) make representations and recommendations on behalf of the crew to the master and the employer on matters affecting the occupational health and safety of the crew; (d) inspect from time to time the record book maintained by the safety officer under section 6(1)(i); (e) ensure so far as possible the observance of any occupational health and safety policies adopted by the employer for the ship and if necessary make recommendations for their improvement; (f) consider and take appropriate action in respect of occupational health and safety matters affecting the ship and its crew which may arise out of reports of accidents or dangerous occurrences, Marine Department Notices, publications relating to occupational health and safety issued by the Government or other bodies, and Hong Kong enactments relating to occupational health and safety; and (g) keep a record of its deliberations and conclusions, of any representations made to the master or the employer, of replies thereto and of any action resulting therefrom.(2) In order to perform its duties under this section, a safety committee may require the safety officer to carry out any inspection it considers necessary and to report his findings to it. (Enacted 1995) Cap 478R s 9 Duties of employer and master (1) Subject to subsection (2), the employer and master shall jointly and severally facilitate the work of every safety official in carrying out his functions under this Regulation, and in particular shall- (a) provide access to any necessary information, documents and similar material including any relevant enactment and Marine Department Notice; (b) inform the safety officials- (i) of any dangerous cargoes on board and of the dangers which may arise therefrom; and (ii) of any other known hazard on board which may endanger the ship or its crew;(c) provide necessary accommodation, office equipment supplies and similar materials; (d) permit inspections of the whole or part of the ship for the purposes of this Regulation; (e) allow the safety officer and safety representatives- (i) such absence from ship-board duties without loss of pay; and (ii) to undergo such training on board, as may be necessary to enable them to perform their functions under this Regulation;(f) display in a place where it may easily be read by any member of the crew a notice listing the names of the safety officials; (g) receive, at any reasonable time, representations about occupational health and safety from the safety officials or any of them (including recommendations under section 7(b) by a safety representative that certain work should be suspended), discuss their representations with them, and implement any agreed measures as soon as reasonably practicable; (h) specify in writing the reasons for refusing to implement any occupational health and safety measures suggested by a safety official; (i) provide to a safety official on request all relevant information about every accident or dangerous occurrence on board ship or during access; (j) provide to the safety officer or any safety representative on request any information or plans necessary to enable him to undertake an investigation or inspection under section 6 or 7; (k) arrange for the election of a safety representative to be held within 3 days of being requested to do so by any 2 seafarers entitled to vote in such an election and give publicity to the intention to hold such election.(2) In performing his duties under subsection (1) an employer or master need not disclose any information the disclosure of which would in his opinion be contrary to the public interest. (Enacted 1995) |