【法规名称】
【法规编号】 58702 什么是编号？
【正 文】
第4页 CAP 478R MERCHANT SHIPPING (SEAFARERS) (SAFETY OFFICIALS AND REPORTING OF ACCIDENTS AND DANGEROUS OCCURRENCES) REGULATION
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[接上页] Cap 478R s 10 Application PART III REPORTING OF ACCIDENTS AND DANGEROUS OCCURRENCES (1) Subject to subsection (2), this Part shall apply to all seagoing ships. (2) This Part shall not apply to a fishing vessel except a trawler to which Part XII of the Merchant Shipping Ordinance (Cap 281) applies. (Enacted 1995) Cap 478R s 11 Notification of accidents and dangerous occurrences (1) Subject to subsection (2), the following shall be notifiable in accordance with section 12 if they occur on board a ship or during access- (a) every accident to a person employed or carried on a ship which results in- (i) the death of the person; (ii) the person being incapacitated for work for any period; or (iii) such impairment of the person's physical condition that the person is put ashore and the ship sails without him;(b) every dangerous occurrence.(2) In respect of any ship, an accident or dangerous occurrence involving a person employed as a stevedore, ship builder, ship repairer or diver shall only be notifiable under this section if- (a) the person is a member of the crew of the ship; or (b) the accident or dangerous occurrence involved a failure of the ship's equipment. (Enacted 1995) Cap 478R s 12 Reporting and investigation of accidents and dangerous occurrences (1) The following provisions of this section shall apply whenever an accident or dangerous occurrence which is notifiable under section 11 occurs on board a ship or during access. (2) In the event of an accident- (a) the master, or if he is not available, the most senior officer available, shall report to the Superintendent as soon as possible and not later than- (i) 24 hours after the accident if the ship is within the waters of Hong Kong at the time of the accident; or (ii) 24 hours after the ship arrives at its next port of call if the ship is not within the waters of Hong Kong at the time of the accident; and(b) every such report shall include the name and official number of the ship, its position at the time of the accident, the number of people involved in the accident, the injuries suffered, details of any damage to the ship or its equipment, any previous defect in its equipment, and, if the ship is at sea at the time of the accident, its next port of call and estimated date and time of arrival.(3) In the event of an accident or dangerous occurrence- (a) if the ship carries a safety officer the master, or, if he is not available, the most senior officer available shall, whether or not a report is made under subsection (2), complete and sign a report in the prescribed form, and forward it to the Superintendent within 7 days of the date of the accident or dangerous occurrence or, if the ship is at sea at that date, within 7 days of arrival at its next port of call; (b) if the ship does not carry a safety officer, the employer shall, whether or not a report is made under subsection (2)- (i) require the master or most senior officer available, or, if the accident or dangerous occurrence occurs while the ship is in port, the owner's representative ashore responsible for safety, to- (A) investigate the accident or dangerous occurrence; (B) complete and sign a report in the prescribed form; and (C) forward the report to the Superintendent within the time prescribed in paragraph (a); and(ii) require the master, or the owner's representative ashore responsible for safety, to record in writing- (A) the circumstances and details of the accident or dangerous occurrence (including the date, the persons involved and the nature of the injuries suffered); (B) all statements made by witnesses thereto; and (C) any recommendations to prevent future similar accidents or dangerous occurrences, and the employer or owner, as the case may be, shall make any such record available to the Superintendent on request. (Enacted 1995) Cap 478R s 13 Copies of Regulation to be kept on board PART IV ADMINISTRATION The master of a ship to which Part II or III applies shall keep on board a copy of this Regulation and make such copy temporarily available to any person employed or carried on the ship who so requests, and the employer shall ensure that the ship carries a copy of this Regulation. (Enacted 1995) Cap 478R s 14 Offences and penalties (1) Any employer who- (a) fails to appoint a safety officer or a safety committee or to make rules for the election of safety representatives in accordance with section 4; (b) fails to carry out any duty specified in section 9; or (c) fails to comply with section 12(3)(b) or 13,commits an offence and is liable on conviction to a fine at level 3. (2) Any- (a) master who fails to carry out any duty specified in section 9; and (b) person required under section 12(2) or (3) to make a report who without reasonable excuse fails to make such a report in accordance with that section or to forward it as required therein,commits an offence and is liable on conviction to a fine at level 2. (3) Any safety officer who fails to comply with section 6(1)(c)(i) or (ii), (e), (f), (i), (j) or (l) commits an offence and is liable on conviction to a fine at level 1. |
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