Occupational Health and Safety Requirements for fishing vessels 1
Regulation No. 173 of the Government of the Republic of 17 May 2001

The regulation is established on the basis of subsection 5 (4) of the Occupational Health and Safety Act (RT I 1999, 60, 616; 2000, 55, 362; 2001, 17, 78).

Chapter 1
GENERAL PROVISIONS

§ 1. Scope of application

(1) The regulation establishes occupational health and safety requirements for vessels used for the catching or catching and processing of fish or other living resources from the sea (hereinafter fishing vessel), in order to achieve or preserve conditions in the working environment that permit members of the crew to work without endangering their health.

 (2) The regulation is applied:
1) to new fishing vessels with a
length between perpendiculars of 15 metres or over for which a building contract is concluded or which will be completed after the entry into force of this regulation;

2) to fishing vessels with a length between perpendiculars of 15 metres or over for which a conversion contract is concluded for the performance of major changes after the entry into force of this regulation;

3) existing fishing vessels with a length between perpendiculars of 18 metres or over.

§ 2. Obligations of owner of vessel and skipper

(1) The vessel’s owner is required:
1) to equip the fishing vessel with life saving equipment in accordance with the Maritime Safety Act (RT I 1998, 2, 47; 1999, 95, 843; 2000, 29, 171);
2) to ensure that the fishing vessel has a muster list that establishes the responsibilities of each member of the crew for action in an emergency situation;

3) to ensure that survival drills are held at least once per month;
4) to ensure that the fishing vessel and its fittings and equipment
are technically maintained and regularly checked. Any possible defects found must be rectified immediately, or access limited;
5) to give members of the crew at his own expense, if necessary, personal protection equipment and organise training for them in the use of the personal protection equipment. The protective clothing given to members of the crew must be brightly coloured, clearly visible and distinguishable from the general background of the marine environment;
6) to ensure that the fishing vessel is equipped with the necessary medicines and medical supplies.

(2) The skipper is required:
1) to ensure that occupational health and safety requirements are complied with in all work-related situations, taking into consideration all the dangers with which the members of the crew may come into contact;

2) to ensure that the fishing vessel’s life saving equipment is in good working condition and easily accessible when necessary. The condition of the life saving equipment shall be inspected by a person assigned by the skipper before the fishing vessel’s every departure from port;
3) to ensure that members of the crew who are assigned to work with fishing devices or the fishing vessel’s anchorage, hauling and hoisting devices have received corresponding training for their safe use;
4) to ensure that in the event of an emergency situation all members of the crew are immediately informed of the danger and the measures to be implemented, and that help is called if necessary;
5) to register in the fishing vessel’s logbook all incidents that affected or may have affected the health and/or safety of the members of the crew.

Chapter 2
OCCUPATIONAL HEALTH AND SAFETY REQUIREMENTS ON FISHING VESSELS

§ 3. Electrical installations

(1) Electrical installations must be designed and constructed such that their use, maintenance and inspection present no danger to the members of the crew.

(2) The fishing vessel must possess an emergency electrical power source located outside the engine room, which must ensure the functioning of the internal communication system, fire detectors and emergency signals, the navigation lights and emergency lighting, the radio installation and the emergency electrical fire pump (where required) for at least three hours from the cessation of the functioning of the main electrical installation. This requirement does not apply to fishing vessels without decks. If the emergency electrical power source is provided by batteries, these need not ensure the functioning of the emergency electrical fire pump.

(3) In the event of the disruption of the main electrical energy source, there must be an automatic transition to the emergency electrical switchboard. The main electrical switchboard and the emergency switchboard must, to the extent possible, be situated in positions that are as safe as possible with regards fire and water.

(4) Electrical switchboards must be clearly marked with the warning symbol “electrical hazard”.

(5) The accumulator room must be ventilated.

(6) Electronic ship guidance systems must be inspected at least once a year, and maintained in accordance with the instructions provided by the manufacturer.

§ 4. Fishing, hauling, hoisting gear and other equipment

(1) Fishing, hauling and hoisting gear must be in working condition, This equipment must be inspected by a specialist at least once a year, and maintained in accordance with the manufacturer’s instructions.

(2) Trawler ships must be equipped with devices to immobilize the otter boards and devices to control the swinging motion of the codend.

(3) Refrigeration and compressed air systems must be inspected by a specialist at least once a year, and maintained in accordance with the manufacturer’s instructions.

§ 5. Gas devices

(1) Devices using gas should be used only in well-ventilated rooms using a local extraction system.

(2) Cylinders containing flammable and explosive gases and visible pipes containing such substances must be labelled in accordance with the legislation established on the basis of the Chemical Act (RT I 1998, 47, 697; 1999, 45, 512).

(3) Cylinders must be stowed on open decks. All valves, pressure regulators and pipes leading from the cylinders should be protected against damage.

§ 6. Radio installation

The radio installation must permit contact at all times with at least one coastal station in the fishing vessel’s area.

§ 7. Fire protection

(1) Depending on the dimensions of the vessel, the equipment it contains, the cargo present and the maximum anticipated number of persons present, fishing vessels must be equipped with appropriate fire-fighting equipment and, as necessary, with fire detectors and alarm systems, in accordance with the requirements established on the basis of the Maritime Safety Act.

(2) Fire-fighting equipment must always be kept in its designated location, labelled as required, maintained in good working order and be available for immediate use.

(3) Members of the crew must be familiar with how fire-fighting equipment is to be used, and know the location of such equipment.

(4) Fire-detection and alarm systems must be regularly tested and their condition inspected in accordance with the requirements of the legislation established on the basis of the Rescue Act (RT I 1994, 28, 424; 1998, 39, 598; 2000, 50, 316).

(5) All members of the crew must undergo fire-fighting training in accordance with Regulation No. 159 of the Government of the Republic of 21 July 1998, Qualifications required of crewmembers (RT I 1998, 67, 1077; 2000, 68, 443). Fire fighting drills must be held at least once per month.

§ 8. Ventilation

(1) Enclosed workplaces must be equipped with ventilation systems that ensure the removal of excess heat, excess moisture and hazardous substances from the working area and the inflow of fresh air.

(2) The stove in the galley and workplaces connected with the creation of dangerous substances must be equipped with a local extraction system.

(3) The mechanical ventilation system must be kept in good working order.

§ 9. Temperature

The temperature of indoor workplaces must be maintained at a level adequate for the performance of working duties, having regard to the duration and manner of work, the physical demands placed on the workers and weather conditions.

§ 10. Lighting

(1) All workplaces must as far as possible receive sufficient natural light and/or be equipped with artificial lighting, especially places connected with manual operations involved with fishing.

(2) Lighting installations in working areas, stairs, ladders and passageways must be placed in such a way that the type of lighting envisaged poses no risk of accident to workers and disturb other ships operating in the fishing area.

(3) The lighting source located on the navigation bridge must not hinder skippering activities through glare, reflection or the casting of shadows.

(4) Workplaces in which crewmembers are exposed to the risk of accidents in the event of failure of artificial lighting due to power outage must be provided with emergency lighting. Indoor emergency lighting installations must ensure lighting of at least 2 lux. Emergency lighting must be maintained in good operating condition and be tested at regular intervals.

(5) The following minimum lighting requirements apply to various workplaces:

Workplace

General lighting (lx)

Local lighting (lx)

Radio room

100

300

Navigation bridge

100

200

Galley

150

300

Storeroom

50

 

Engine room

100

200

Control room for main engines

100

300

Passageways, ladders and stairs

100

 

Traffic routes, ladders and stairs on the outer deck

40

 

Deck lighting

20

 

Other workplaces

100

300

§ 11. Decks, bulkheads, ceilings, doors

(1) The surface of decks, especially in working areas and passageways, must be free of obstacles and non-slip or anti-slip. In order to avoid slippage, areas that constitute a greater risk should be equipped with handrails.

(2) Floors, bulkheads, ceilings and other surfaces must be easily cleanable.

(3) Means must be provided so that all doors can be opened from the inside without special equipment. The doors of working rooms must open from both sides.

(4) The use of doors must be as safe as possible for crewmembers, even in unfavourable weather and sea conditions.

§ 12. Traffic routes and danger areas

(1) Steps, ladders and openings between decks must be equipped with guardrails, grab rails or other means of ensuring safety.

(2) If the working process or maintenance of equipment involves working at heights, these workplaces must be equipped with guardrails to prevent falls, or workers with safety belts.

(3) Railings, bulwarks or other means must be provided to prevent crewmembers from falling overboard.

(4) Openings in bulwarks or freeing ports must be kept open, in order to enable water that has made its way onto the deck to drain away quickly.

(5) On stern trawlers with ramps, the upper part of the ramp must be fitted with a gate for securing it at the same height as the bulwarks, to protect workers from the risk of falling into the ramp. This gate must be easily opened and closed, preferably by remote control, and must be opened only for casting or hauling in the net or seine net.

(6) Passageways and danger areas around machines or equipment must be properly marked.

(7) The free height of passageways must be at least 1.9 m, and the openings between decks at least 0.6 x 0.6 m.

(8) In order to avoid dangerous contact with bare warps and ropes and the moving parts of fishing and hoisting equipment, a guardrail or device blocking access to the danger area must be installed.

§ 13. Emergency routes and exits

(1) In the event of an emergency, it must be possible for crewmembers to rapidly and safely depart from all worplaces and crew areas.

(2) Emergency routes and exits must be unobstructed and easily accessible at all times and lead out as directly as possible to the open deck or to a safe area and thence to the survival craft.

(3) The number of emergency routes and exits must be in correlation with the location, use and dimensions of workplaces and crew areas.

(4) Emergency routes and exits must be equipped with the required emergency symbols and emergency lighting ensuring lighting of at least 0.5 lux.

§ 14. Workplaces

(1) Workplaces must be kept free of unnecessary objects that are not fastened to the floor.

(2) Workplaces must be constructed and built in such a manner as to protect crewmembers as well as possible from wind and waves.

(3) Rooms containing workplaces must be adequately soundproofed, bearing in mind the type of tasks involved. Workplaces or working areas (for instance the engine room) where the noise level exceeds 85 dB, must be labelled with the mandatory safety symbol “wear hearing protection”.

(4) If the vessel’s engines cannot be controlled from the navigation bridge, there must be a separate soundproofed room beside the engine room, from which the main engines are controlled. This requirement does not apply to ships under 50 m in length that are already in operation.

(5) The control devices for the fishing, hauling and hoisting devices must be positioned so as to ensure the operator’s safety. Fishing, hauling and hoisting devices must be equipped with an emergency stop device.

(6) The hauling gear operator must have an adequate view of the work process and the members of the crew at work there, even if the work process is managed from the navigation bridge.

(7) A communications system must be used between the navigation bridge and the working deck.

(8) During fishing-related activities or other work on deck, the watch officer or skipper must immediately warn crewmembers of any imminent danger.

§ 15. Crew living quarters

(1) Where a fishing vessel possesses living quarters, the location, structure, soundproofing, means of insulation and layout of the crew’s living quarters and facilities and means of access thereto should be such as to minimise the influence on the crew of rocking, vibration, noise and unpleasant odours from other parts of the vessel.

(2) The general lighting of the living quarters must be at least 150 lux.

(3) The temperature of the crewmembers’ living quarters must be kept between +20 °C and +25 °C.

(4) Where a fishing vessel has a galley and a mess, these must be of sufficient size in relation to the size of the crew, well lighted and ventilated, with easily cleaned surfaces and equipped with a refrigerator. General ventilation of at least 15 l/s m2 must be ensured in the galley.

(5) Fishing vessels must be equipped with toilets and wash-basins and if possible showers, and supplied with ventilation.

§ 16. Boarding

(1) Fishing vessels must be equipped with an accommodation ladder or gangway of at least 0.6 m in width and supplied with parallel anti-slip strips no farther than 0.6 m apart, in order to ensure safe boarding.

(2) The height of the guardrail on the accommodation ladder or gangway must be at least 0.9 m, the distance between spacers must be no greater than 1.5 m, and the railing must have both a hand support and rope or chain.

(3) The accommodation ladder or gangway must generally be commercially produced or constructed on the basis of a constructor’s plans.

§ 17. Additional requirements

(1) The location, structure, soundproofing, means of insulation and layout of the crew’s living quarters and facilities and means of access thereto should be such as to minimise the influence on the crew of rocking, vibration, noise and unpleasant odours from other parts of the vessel during their period of rest. Where the design, dimensions and/or purpose of the vessel allow, the crew’s living quarters must be located in the mid or aft section of the ship.

(2) The noise level must not exceed:
1) 70 dB on the navigation bridge;
2) 60 dB in the radio room;
3) 75 dB in the main engines’ control room;
4) 85 dB in remaining workplaces;
5) 60 dB in living quarters;
6) 65 dB in the mess;
7) 80 dB in the galley.

(3) General ventilation must ensure an air change of at least 7 l/s m2, in order to prevent the condensation of moisture in the air.

(4) Living quarters must be adequately lighted:
1) with one or several general lighting fixtures whose light must be reducible, so as to avoid disturbing workers who are resting;
2) local lighting above each berth.

(5) Each member of the crew must have a place for keeping clothes.

(6) Fishing vessels with living quarters must have wash-basins and showers equipped with hot and cold water.

(7) The height of the railing, bulwark and other barriers must be at least one metre, except in the case of vertical stairs.

Chapter 3
IMPLEMENTING PROVISIONS

§ 18. Entry into force

(1) The regulation enters into force on 1 January 2002.

(2) The fishing vessels specified in clauses 1 (2) 1) and 2) must comply with the requirements established in paragraphs 3-17 as of the entry into force of this regulation.

(3) The fishing vessels specified in clauses 1 (2) 3) must comply with the requirements established in paragraphs 3-16 by 1 January 2007 at the latest.
1 Council of Europe Directive 93/103/EC (OJ L 307, 13.12.1993, pp. 1–17)

 

Prime Minister Mart LAAR

 

 

Minister of Social Affairs Eiki NESTOR

 

 

State Secretary Aino LEPIK von WIRÉN