Council Directive 93/103/EC of 23 November 1993 concerning the minimum safety and health requirements for work on board fishing vessels (thirteenth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC)
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ANNEX I
MINIMUM SAFETY AND HEALTH REQUIREMENTS FOR NEW FISHING VESSELS (Articles 4, 6 and 7 (1) (a) Preliminary note The obligations laid down in this Annex apply whenever required by the features of the workplace, the activity, the cirumstances or a risk on board a new fishing vessel. 1. Seaworthiness and stability 1.1. The vessel must be maintained in a seaworthy condition and be properly equipped appropriate to its purpose and use. 1.2. Information on the vessel's stability must be available on board and must be accessible to the men on watch. 1.3. All vessels must be sufficiently stable when intact in the conditions of service for which they are intended. The skipper must take the precautionary measures necessary to maintain adequate stability of the vessel. Instructions supplied concerning the vessel's stability must be strictly observed. 2. Mechanical and electrical installations 2.1. Electrical installations must be designed and constructed so as not to present any danger and so as to ensure: — protection for the crew and vessel from electrical hazards, — the proper functioning of all equipment necessary to maintain the vessel in normal operational and living conditions without recourse to an emergency power supply, — the operation of electrical equipment essential for safety in all emergencies. 2.2. An emergency electrical power source must be provided. Except in open vessels, it must be located outside the engine room and must, in all cases, be so arranged as to ensure in the event of fire or other failure of the main electrical installation, simultaneous functioning for at least three hours of: — the internal communication system, fire detectors and emergency signals, — the navigation lights and emergency lighting, — the radio installation, — the emergency electrical fire pump where present. If the emergency electrical power source is an accumulator battery and the main electrical power source fails, the accumulator battery must be automatically connected to the emergency electrical switchboard and supply power for an uninterrupted period of three hours to the systems referred to in the first, second and third indents of the second subparagraph. The main electrical switchboard and the emergency switchboard must, to the extent possible, be installed in such a way that they cannot be exposed simultaneously to water or fire. 2.3. Switchboards should be clearly marked; fuse boxes and fuse holders should be checked at regular intervals to ensure that the correct rating of fuse is being used. 2.4. Compartments housing electrical storage batteries must be adequately ventilated. 2.5. Electronic aids to navigation should be tested frequently and well maintained. 2.6. All equipment used in hoisting should be tested and examined at regular intervals. 2.7. All parts of hauling gear, hoisting gear and related equipment should be maintained in good repair and working order. 2.8. Where refrigeration plants and compressed air systems are installed they should be well maintained and examined at regular intervals. 2.9. Cooking and domestic appliances using heavy gases should be used only in well ventilated spaces and care should be taken to avoid any dangerous accumulation of gas. Cylinders containing flammable and other dangerous gases should be clearly marked as to their contents and stowed on open decks. All valves, pressure regulators and pipes leading from the cylinders should be protected against damage. 3. Radio installation The radio installation must permit contact at all times with at least one coastal or land-based station, taking into account the normal conditions for propagation of radio waves. 4. Emergency routes and exits 4.1. Routes and exits which can be used as 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 so that workers can evacuate their workstations or living areas quickly and as safely as possible. 4.2. The number, distribution and dimensions of the routes and exits which can be used as emergency routes and exits must depend on the use, equipment and dimensions of workplaces and living areas and on the maximum potential number of persons present. Exits which can be used as emergency exits and which are closed must be immediately and readily operable in an emergency by any worker or by rescue teams. 4.3. Emergency doors and other emergency exits must be adequately weatherproof and watertight for their location and particular function. Emergency doors and other emergency exits must be as fire-resistant as the bulkheads. 4.4. Emergency routes and exits must be indicated by signs in accordance with national provisions transposing Directive 92/58/EEC ( 8 ). Such signs must be placed at appropriate points and be made to last. 4.5. Escape routes and facilities and emergency exits requiring illumination must be provided with emergency lighting of adequate intensity in case the lighting fails. 5. Fire detection and fire fighting 5.1. Depending on the dimensions and use of the vessel, the equipment it contains, the physical and chemical properties of the substances present and the maximum potential number of persons present, living quarters and enclosed workplaces, including the engine-room and the fish hold if necessary, must be equipped with appropriate fire-fighting equipment and, as necessary, with fire detectors and alarm systems. 5.2. Fire-fighting equipment must always be kept in its proper location, maintained in good working order, and be available for immediate use. Workers must be familiar with the locations of fire-fighting equipment, the way it works and how it should be used. The presence of extinguishers and other portable fire-fighting equipment must always be checked before the vessel gets under way. 5.3. Manually-operated fire-fighting equipment must be easily accessible and simple to use and must be indicated by signs in accordance with the national provisions transposing Directive 92/58/EEC. Such signs must be placed at appropriate points and be made to last. 5.4. Fire-detection and alarm systems should be regularly tested and well maintained. 5.5. Fire-fighting drills shall be carried out at regular intervals. 6. Ventilation of enclosed workplaces Steps must be taken to see that there is sufficient fresh air in enclosed workplaces, having regard to the working methods used and the physical demands placed on the workers. If a mechanical ventilation system is used, it must be maintained in good condition. 7. Temperature of working areas 7.1. The temperature in working areas must be adequate for the human body during the hours of working, having regard to the work methods used, the physical demands placed on the workers and the actual or potential weather conditions in the area in which the vessel operates. 7.2, The temperature in living quarters, sanitary facilities, canteens and first-aid rooms must, where those areas exist, be appropriate to the particular purpose of such areas. 8. Natural and artificial lighting of workplaces 8.1. Workplaces must as far as possible receive sufficient natural light and be equipped with artificial lighting suitable for the fishing operations in hand, without placing workers' safety and health in danger or jeopardizing other vessels. 8.2. Installations for the lighting of working areas, stairs, ladders and passageways must be placed in such a way that the type of lighting provided poses no risk of accident to workers and no hindrance to the navigation of the vessel. 8.3. Workplaces in which workers are especially exposed to risks in the event of failure of artificial lighting must be provided with emergency lighting of adequate intensity. 8.4. Emergency lighting must be maintained in an efficient operating condition and be tested at regular intervals. 9. Decks, bulkheads and deckheads 9.1. Spaces accessible to workers must be non-slip or anti-slip or be provided with devices to prevent falls and kept free of obstacles as far as possible. 9.2. Workplaces containing workstations must be adequately soundproofed and insulated, bearing in mind the type of tasks involved and the physical activity of workers. 9.3. The surface of decks, bulkheads and deckheads in working areas must be such that they can be cleaned or refurbished to an appropriate standard of hygiene. 10. Doors 10.1. Means should be provided so that doors can at all times be operated from the inside without special equipment. The doors must be operable from either side when workplaces are in use. 10.2. Doors, and in particular sliding doors, where such have to be used, must function as safely as possible for the workers, especially in adverse weather and sea conditions. 11. Traffic routes — danger areas 11.1. Passageways, trunks, the outer part of deckhouses and all traffic routes in general must be equipped with guard rails, grab rails and lifelines or other means of ensuring the safety of workers in the course of activities on board. 11.2. If there is a risk that workers may fall through openings in the deck, or from one deck to another, adequate protection should be provided wherever possible. Where guard rails provide such protection, they must be at least one metre high. 11.3. Access to installations above the deck for operations or maintenance purposes must be such as to ensure workers' safety. Guard rails or similar protective devices of appropriate height must be provided to prevent falls. 11.4. Bulwarks or other means provided to prevent persons falling overboard must be maintained in an efficient condition. Bulwarks must be fitted with freeing ports or other similar devices to enable water to drain away quickly. 11.5. On stern trawlers with ramps, the upper part of the ramp must be fitted with a gate or other means of securing it of the same height as the bulwarks or other adjacent means, to protect workers from the risk of falling into the ramp. This gate or other device must be easily opened and closed, preferably by remote control, and must be open only for casting the net or for hauling it in. 12. Layout of workstations 12.1. Working areas must be kept clear and, as far as possible, be protected from the sea and provide adequate protection for workers against falling on the vessel or falling overboard. Handling areas must be sufficiently spacious, in terms of both height and surface area. 12.2. If the engines are controlled from the engine room, they must be controlled from a separate area, soundproofed and insulated from the engine room per se and accessible without entering the latter. The navigating bridge is considered to be an area that meets the requirements of the first subparagraph. 12.3. The controls for the hauling gear must be installed in an area sufficiently large to enable operators to work unhindered. The hauling gear must also have appropriate safety devices for emergencies, including emergency stop facilities. 12.4. The hauling gear operator must have an adequate view of the hauling gear and the workers at work. If the hauling gear is controlled from the bridge, the operator should also have a clear view of the workers at work, either directly or via any other suitable medium. 12.5. A reliable communications system must be used between the bridge and the working deck. 12.6. A sharp look out should always be maintained and the crew warned of the imminent danger of heavy oncoming seas during fishing operations or when other work is being done on deck. 12.7. Contact with bare ropes and warps and with moving parts of the equipment must be minimized by installing protective devices. 12.8. Controls must be installed for moving masses, particularly on trawlers: — devices to immobilize the otter boards, — devices to control the swinging motion of the codend. 13. Living quarters 13.1. The location, structure, soundproofing, means of insulation and layout of the workers' living quarters and facilities, where these exist, and means of access thereto should be such as to provide adequate protection against weather and sea, vibration, noise and unpleasant odours from other parts of the vessel likely to disturb the workers during their period of rest. Where the design, dimensions and/or purpose of the vessel allow, the workers' living quarters must be located so as to minimize the effects of motion and acceleration. Appropriate measures should be taken as far as possible to protect non-smokers from discomfort caused by tobacco smoke. 13.2. The workers' living quarters should be properly ventilated to ensure a constant supply of fresh air and prevent condensation. Appropriate lighting must be provided in the living quarters, with: — adequate normal general lighting, — reduced general lighting to avoid disturbing workers who are resting, and — local lighting in each berth. 13.3. The galley and mess, where these exist, should be of adequate size, well lit and ventilated and easy to clean. Refrigerators or other low-temperature food-storage equipment must be provided. 14. Sanitary facilities 14.1. On vessels with living quarters, shower facilities with hot and cold running water, wash-basins and toilets must be properly equipped and installed and the respective areas must be properly ventilated. 14.2. Every worker must have the use of a place where he can keep his clothes. 15. First aid On all vessels first-aid equipment must be available which fulfils the requirements in Annex II to Directive 92/29/EEC. 16. Accommodation ladders and gangways An accommodation ladder, gangway or other similar equipment providing an appropriate, safe means of boarding the vessel must be available. 17. Noise All appropriate technical measures must be taken to reduce the noise level at workplaces and in the living quarters as far as possible, taking into account the size of the vessel.
ANNEX I
MINIMUM SAFETY AND HEALTH REQUIREMENTS FOR NEW FISHING VESSELS (Articles 4, 6 and 7 (1) (a) Preliminary note The obligations laid down in this Annex apply whenever required by the features of the workplace, the activity, the cirumstances or a risk on board a new fishing vessel. 1. Seaworthiness and stability 1.1. The vessel must be maintained in a seaworthy condition and be properly equipped appropriate to its purpose and use. 1.2. Information on the vessel's stability must be available on board and must be accessible to the men on watch. 1.3. All vessels must be sufficiently stable when intact in the conditions of service for which they are intended. The skipper must take the precautionary measures necessary to maintain adequate stability of the vessel. Instructions supplied concerning the vessel's stability must be strictly observed. 2. Mechanical and electrical installations 2.1. Electrical installations must be designed and constructed so as not to present any danger and so as to ensure: — protection for the crew and vessel from electrical hazards, — the proper functioning of all equipment necessary to maintain the vessel in normal operational and living conditions without recourse to an emergency power supply, — the operation of electrical equipment essential for safety in all emergencies. 2.2. An emergency electrical power source must be provided. Except in open vessels, it must be located outside the engine room and must, in all cases, be so arranged as to ensure in the event of fire or other failure of the main electrical installation, simultaneous functioning for at least three hours of: — the internal communication system, fire detectors and emergency signals, — the navigation lights and emergency lighting, — the radio installation, — the emergency electrical fire pump where present. If the emergency electrical power source is an accumulator battery and the main electrical power source fails, the accumulator battery must be automatically connected to the emergency electrical switchboard and supply power for an uninterrupted period of three hours to the systems referred to in the first, second and third indents of the second subparagraph. The main electrical switchboard and the emergency switchboard must, to the extent possible, be installed in such a way that they cannot be exposed simultaneously to water or fire. 2.3. Switchboards should be clearly marked; fuse boxes and fuse holders should be checked at regular intervals to ensure that the correct rating of fuse is being used. 2.4. Compartments housing electrical storage batteries must be adequately ventilated. 2.5. Electronic aids to navigation should be tested frequently and well maintained. 2.6. All equipment used in hoisting should be tested and examined at regular intervals. 2.7. All parts of hauling gear, hoisting gear and related equipment should be maintained in good repair and working order. 2.8. Where refrigeration plants and compressed air systems are installed they should be well maintained and examined at regular intervals. 2.9. Cooking and domestic appliances using heavy gases should be used only in well ventilated spaces and care should be taken to avoid any dangerous accumulation of gas. Cylinders containing flammable and other dangerous gases should be clearly marked as to their contents and stowed on open decks. All valves, pressure regulators and pipes leading from the cylinders should be protected against damage. 3. Radio installation The radio installation must permit contact at all times with at least one coastal or land-based station, taking into account the normal conditions for propagation of radio waves. 4. Emergency routes and exits 4.1. Routes and exits which can be used as 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 so that workers can evacuate their workstations or living areas quickly and as safely as possible. 4.2. The number, distribution and dimensions of the routes and exits which can be used as emergency routes and exits must depend on the use, equipment and dimensions of workplaces and living areas and on the maximum potential number of persons present. Exits which can be used as emergency exits and which are closed must be immediately and readily operable in an emergency by any worker or by rescue teams. 4.3. Emergency doors and other emergency exits must be adequately weatherproof and watertight for their location and particular function. Emergency doors and other emergency exits must be as fire-resistant as the bulkheads. 4.4. Emergency routes and exits must be indicated by signs in accordance with national provisions transposing Directive 92/58/EEC ( 8 ). Such signs must be placed at appropriate points and be made to last. 4.5. Escape routes and facilities and emergency exits requiring illumination must be provided with emergency lighting of adequate intensity in case the lighting fails. 5. Fire detection and fire fighting 5.1. Depending on the dimensions and use of the vessel, the equipment it contains, the physical and chemical properties of the substances present and the maximum potential number of persons present, living quarters and enclosed workplaces, including the engine-room and the fish hold if necessary, must be equipped with appropriate fire-fighting equipment and, as necessary, with fire detectors and alarm systems. 5.2. Fire-fighting equipment must always be kept in its proper location, maintained in good working order, and be available for immediate use. Workers must be familiar with the locations of fire-fighting equipment, the way it works and how it should be used. The presence of extinguishers and other portable fire-fighting equipment must always be checked before the vessel gets under way. 5.3. Manually-operated fire-fighting equipment must be easily accessible and simple to use and must be indicated by signs in accordance with the national provisions transposing Directive 92/58/EEC. Such signs must be placed at appropriate points and be made to last. 5.4. Fire-detection and alarm systems should be regularly tested and well maintained. 5.5. Fire-fighting drills shall be carried out at regular intervals. 6. Ventilation of enclosed workplaces Steps must be taken to see that there is sufficient fresh air in enclosed workplaces, having regard to the working methods used and the physical demands placed on the workers. If a mechanical ventilation system is used, it must be maintained in good condition. 7. Temperature of working areas 7.1. The temperature in working areas must be adequate for the human body during the hours of working, having regard to the work methods used, the physical demands placed on the workers and the actual or potential weather conditions in the area in which the vessel operates. 7.2, The temperature in living quarters, sanitary facilities, canteens and first-aid rooms must, where those areas exist, be appropriate to the particular purpose of such areas. 8. Natural and artificial lighting of workplaces 8.1. Workplaces must as far as possible receive sufficient natural light and be equipped with artificial lighting suitable for the fishing operations in hand, without placing workers' safety and health in danger or jeopardizing other vessels. 8.2. Installations for the lighting of working areas, stairs, ladders and passageways must be placed in such a way that the type of lighting provided poses no risk of accident to workers and no hindrance to the navigation of the vessel. 8.3. Workplaces in which workers are especially exposed to risks in the event of failure of artificial lighting must be provided with emergency lighting of adequate intensity. 8.4. Emergency lighting must be maintained in an efficient operating condition and be tested at regular intervals. 9. Decks, bulkheads and deckheads 9.1. Spaces accessible to workers must be non-slip or anti-slip or be provided with devices to prevent falls and kept free of obstacles as far as possible. 9.2. Workplaces containing workstations must be adequately soundproofed and insulated, bearing in mind the type of tasks involved and the physical activity of workers. 9.3. The surface of decks, bulkheads and deckheads in working areas must be such that they can be cleaned or refurbished to an appropriate standard of hygiene. 10. Doors 10.1. Means should be provided so that doors can at all times be operated from the inside without special equipment. The doors must be operable from either side when workplaces are in use. 10.2. Doors, and in particular sliding doors, where such have to be used, must function as safely as possible for the workers, especially in adverse weather and sea conditions. 11. Traffic routes — danger areas 11.1. Passageways, trunks, the outer part of deckhouses and all traffic routes in general must be equipped with guard rails, grab rails and lifelines or other means of ensuring the safety of workers in the course of activities on board. 11.2. If there is a risk that workers may fall through openings in the deck, or from one deck to another, adequate protection should be provided wherever possible. Where guard rails provide such protection, they must be at least one metre high. 11.3. Access to installations above the deck for operations or maintenance purposes must be such as to ensure workers' safety. Guard rails or similar protective devices of appropriate height must be provided to prevent falls. 11.4. Bulwarks or other means provided to prevent persons falling overboard must be maintained in an efficient condition. Bulwarks must be fitted with freeing ports or other similar devices to enable water to drain away quickly. 11.5. On stern trawlers with ramps, the upper part of the ramp must be fitted with a gate or other means of securing it of the same height as the bulwarks or other adjacent means, to protect workers from the risk of falling into the ramp. This gate or other device must be easily opened and closed, preferably by remote control, and must be open only for casting the net or for hauling it in. 12. Layout of workstations 12.1. Working areas must be kept clear and, as far as possible, be protected from the sea and provide adequate protection for workers against falling on the vessel or falling overboard. Handling areas must be sufficiently spacious, in terms of both height and surface area. 12.2. If the engines are controlled from the engine room, they must be controlled from a separate area, soundproofed and insulated from the engine room per se and accessible without entering the latter. The navigating bridge is considered to be an area that meets the requirements of the first subparagraph. 12.3. The controls for the hauling gear must be installed in an area sufficiently large to enable operators to work unhindered. The hauling gear must also have appropriate safety devices for emergencies, including emergency stop facilities. 12.4. The hauling gear operator must have an adequate view of the hauling gear and the workers at work. If the hauling gear is controlled from the bridge, the operator should also have a clear view of the workers at work, either directly or via any other suitable medium. 12.5. A reliable communications system must be used between the bridge and the working deck. 12.6. A sharp look out should always be maintained and the crew warned of the imminent danger of heavy oncoming seas during fishing operations or when other work is being done on deck. 12.7. Contact with bare ropes and warps and with moving parts of the equipment must be minimized by installing protective devices. 12.8. Controls must be installed for moving masses, particularly on trawlers: — devices to immobilize the otter boards, — devices to control the swinging motion of the codend. 13. Living quarters 13.1. The location, structure, soundproofing, means of insulation and layout of the workers' living quarters and facilities, where these exist, and means of access thereto should be such as to provide adequate protection against weather and sea, vibration, noise and unpleasant odours from other parts of the vessel likely to disturb the workers during their period of rest. Where the design, dimensions and/or purpose of the vessel allow, the workers' living quarters must be located so as to minimize the effects of motion and acceleration. Appropriate measures should be taken as far as possible to protect non-smokers from discomfort caused by tobacco smoke. 13.2. The workers' living quarters should be properly ventilated to ensure a constant supply of fresh air and prevent condensation. Appropriate lighting must be provided in the living quarters, with: — adequate normal general lighting, — reduced general lighting to avoid disturbing workers who are resting, and — local lighting in each berth. 13.3. The galley and mess, where these exist, should be of adequate size, well lit and ventilated and easy to clean. Refrigerators or other low-temperature food-storage equipment must be provided. 14. Sanitary facilities 14.1. On vessels with living quarters, shower facilities with hot and cold running water, wash-basins and toilets must be properly equipped and installed and the respective areas must be properly ventilated. 14.2. Every worker must have the use of a place where he can keep his clothes. 15. First aid On all vessels first-aid equipment must be available which fulfils the requirements in Annex II to Directive 92/29/EEC. 16. Accommodation ladders and gangways An accommodation ladder, gangway or other similar equipment providing an appropriate, safe means of boarding the vessel must be available. 17. Noise All appropriate technical measures must be taken to reduce the noise level at workplaces and in the living quarters as far as possible, taking into account the size of the vessel.
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