Merchant Shipping (Health and Safety at Work) Regulations 2004
MERCHANT SHIPPING (HEALTH AND SAFETY AT WORK)
REGULATIONS 2003

1

BR 52/ 2004

MERCHANT SHIPPING ACT 2002

2002 : 35

MERCHANT SHIPPING (HEALTH AND SAFETY AT WORK)
REGULATIONS 2004

ARRANGEMENT OF REGULATIONS

PART I
General

1 Citation
2 Interpretation
3 Application

PART II
General duties

4 Persons on whom duties
are imposed

5 General duties
6 Health and safety policy
7 Risk assessment
8 New or expectant mothers
9 Night work
10 Notification of pregnancy
11 Health surveillance
12 Capabilities and training

PART III
Duties of the Company

13 Co-ordination

PART IV
Special responsibility for health

and safety and consultation
with workers

14 Protective and preventive
services

15 Appointment of safety
officers

16 Duties of safety officers
17 Election of safety

representatives and safety
committees

18 Powers of safety
representatives and safety
committees

MERCHANT SHIPPING (HEALTH AND SAFETY AT WORK)
REGULATIONS 2003

2

19 Duties of the company
and master

20 Consultation with workers

PART V
General duties of workers

21 General duties of workers

PART VI
Prohibition, penalties, offences,

inspections and detentions

22 Prohibition on levy
23 Duty not to interfere with

or misuse certain things

24 Penalties
25 Offences by body

corporate
26 Onus of proving what is

reasonably practicable
27 Inspection and detention

of a Bermuda ship
28 Inspection, detention etc.

of ships registered outside
Bermuda

29 Enforcement of detention
30 Compensation
31 Revocation

The Minister of Transport, in exercise of the powers conferred by
section 93 of the Merchant Shipping Act 2002, and after consulting the
persons referred to in section 94(3) of the Merchant Shipping Act 2002
makes the following regulations:

PART I
GENERAL

Citation
1 These Regulations may be cited as the Merchant Shipping
(Health and Safety at Work) Regulations 2004.

Interpretation
2 In these Regulations —

"Act" means the Merchant Shipping Act 2002;

"Bermuda ship" means a ship which —

(a) is a Bermuda ship within the meaning of section 16(3) of
the Act; or

(b) is a Government ship within the meaning of section 4 of
the Act;

"Code" means the Code of Safe Working Practices for Merchant
Seamen;

"company", in relation to a ship to which these Regulations
apply, means the owner of the ship or any other organisation
or person such as the manager, or bareboat charterer, who

MERCHANT SHIPPING (HEALTH AND SAFETY AT WORK)
REGULATIONS 2003

3

has assumed the responsibility for operation of the ship from
the owner;

"competent person" means a person who has sufficient training
and experience or knowledge and other qualities, to enable
him properly to undertake the duty imposed under the
relevant provision in these Regulations, and in the case of a
safety officer, has in addition, a minimum of two years
consecutive sea service since attaining the age of 18, which,
in the case of a safety officer on board a tanker, shall include
at least six months service on such a ship;

"contract of employment" means a contract of employment,
whether express or implied, and if express, whether oral or in
writing;

"elected representative" means any person elected to represent a
group of workers for the purposes of consultation with the
employer on health and safety matters under regulation 20;

"employer" means a person by whom a worker is employed
under a contract of employment;

"given birth" means delivered a living child or, after twenty-four
weeks of pregnancy, a stillborn child;

"health and safety" includes the occupational health and safety
of persons whilst on board a ship and whilst boarding or
leaving a ship;

"Merchant Shipping Notice" means a Notice described as such
and issued by the Minister of Transport;

"new or expectant mother" means a worker who is either
pregnant, or has given birth within the previous six months,
or is breast-feeding;

"public service vessel" means any vessel operated by and on
behalf of a public body while it is carrying out the authorised
functions of that body;

"relevant inspector" means a person mentioned in section 220(1)
of the Act;

"sail training vessel" means a sailing vessel which is being used
either —

(a) to provide instruction in the principles of responsibility,
resourcefulness, loyalty and team endeavour and to
advance education in the art of seamanship; or

MERCHANT SHIPPING (HEALTH AND SAFETY AT WORK)
REGULATIONS 2003

4

(b) to provide instruction in navigation and seamanship for
yachtsmen;

"sea-going" means operating outside Bermuda territorial waters;

"trainees and apprentices" does not include persons who are
training in a sail training vessel;

"worker" means any person employed by an employer under a
contract of employment, including trainees or apprentices.

Application
3 (1) These Regulations shall apply to all activities of workers on
Bermuda ships except when —

(a) the activity of a worker is on a public service vessel or a
vessel engaged in search and rescue; and

(b) characteristics of that activity inevitably conflict with a
provision of these Regulations;

and in such a case there shall be a duty on the employer so far as is
reasonably practicable to ensure the health and safety of the worker
when performing that activity.

(2) Regulations 1, 2, 3, 28, 29 and 30 shall apply to ships other
than Bermuda ships which are in Bermuda waters.

Part II
General duties

Persons on whom duties are imposed
4 (1) Every —

(a) employer; and

(b) any other natural or legal person upon whom a duty is
imposed by these Regulations;

shall comply with these Regulations.

(2) Where a person in paragraph (1) does not have control of
the matter to which the regulation relates because he does not have
responsibility for the operation of the ship, then any duty imposed by
that regulation shall also extend to any natural or legal person who has
control of that matter.

MERCHANT SHIPPING (HEALTH AND SAFETY AT WORK)
REGULATIONS 2003

5

General duties
5 (1) An employer shall ensure the health and safety of workers
and other persons so far as is reasonably practicable, which duty shall
be met by the application of the following principles —

(a) the avoidance of risks, which among other things
include the combating of risks at source and the
replacement of dangerous practices, substances or
equipment by non-dangerous or less dangerous
practices, substances or equipment;

(b) the evaluation of unavoidable risks and the taking of
action to reduce them;

(c) adoption of work patterns and procedures which take
account of the capacity of the individual, especially in
respect of the design of the workplace and the choice of
work equipment, with a view in particular to alleviating
monotonous work and to reducing any consequent
adverse effect on workers' health and safety;

(d) adaptation of procedures to take account of new
technology and other changes in working practices,
equipment, the working environment and any other
factors which may affect health and safety;

(e) adoption of a coherent approach to management of the
vessel or undertaking, taking account of health and
safety at every level of the organisation;

(f) giving collective protective measures priority over
individual protective measures; and

(g) the provision of appropriate and relevant information
and instruction for workers.

(2) Without prejudice to the generality of the duties under
paragraph (1), the matters to which those duties extend shall include in
particular —

(a) provision and maintenance of plant, machinery and
equipment and systems of work that are, so far as is
reasonably practicable, safe and without risk to health;

(b) arrangements for ensuring, so far as is reasonably
practicable, safety and absence of risk to health in
connection with the use, handling, stowage and
transport of articles and substances;

MERCHANT SHIPPING (HEALTH AND SAFETY AT WORK)
REGULATIONS 2003

6

(c) such arrangements as are appropriate, having regard to
the nature of, and the substances used in, the activities
and size of the operation, for the effective planning,
organisation, control, monitoring and review of
preventive and protective measures;

(d) provision of such information, instruction, training and
supervision as is necessary to ensure the health and
safety of workers and that of other persons aboard a
ship who may be affected by their acts or omissions;

(e) maintenance of all places of work in the ship in a
condition that is, so far as is reasonably practicable, safe
and without risk to health;

(f) arrangements to ensure, so far as is reasonably
practicable, that no person has access to any area of the
ship to which it is necessary to restrict access on
grounds of health and safety unless the individual
concerned has received adequate and appropriate health
and safety instruction;

(g) provision and maintenance of an environment for
persons aboard a ship that is, so far as is reasonably
practicable, safe and without risk to health;

(h) collaboration with any other persons referred to under
regulation 4 to protect, so far as is reasonably
practicable, the health and safety of all authorised
persons aboard the ship or engaged in loading or
unloading activities in relation to that ship.

Health and safety policy
6 (1) Subject to paragraph (2), a written statement shall be
prepared and, as often as may be appropriate, revised, of the employer's
general policy with respect to health and safety and the organisation and
arrangements for the time being in force for carrying out that policy, and
this and any revisions to it shall be brought to the notice of the workers.

(2) The written statement referred to in paragraph (1) shall not
apply where five or less workers in aggregate are employed by the same
employer, or by associated employers, in a Bermuda ship.

Risk assessment
7 (1) A suitable and sufficient assessment shall be made of the
risks of the health and safety of workers arising in the normal course of
their activities or duties, for the purpose of identifying —

MERCHANT SHIPPING (HEALTH AND SAFETY AT WORK)
REGULATIONS 2003

7

(a) groups of workers at particular risk in the performance
of their duties; and

(b) the measures to be taken to comply with the employer's
duties under these Regulations;

and any significant findings of the assessment and any revision of it
shall be brought to the notice of workers.

(2) This assessment shall extend to the risks to the health and
safety of other persons on board a ship in so far as they may be affected
by the acts and omissions of the employer.

(3) The assessment referred to in paragraphs (1) and (2) shall be
reviewed if —

(a) there is reason to suspect that it is no longer valid; or

(b) there has been a significant change in the matters to
which it relates;

and where such a review identifies a need for any changes to procedures
or practices, those changes shall be made.

(4) Every employer and every self-employed person on board a
ship shall inform the company of any relevant risks to health and safety
arising out of or in connection with the conduct of his own undertaking.

(5) Measures shall be taken, and if necessary protective
equipment supplied, to ensure an improvement in the health and safety
of workers and other persons in respect of those risks identified.

(6) Workers shall be informed of the measures taken for their
protection.

New or expectant mothers
8 (1) Where —

(a) the workers include women with potential for child-
bearing; and

(b) the work is of a kind which could involve risk, by reason
of her condition, to the health and safety of a new or
expectant mother, or to that of her baby, from any
process or working conditions, or physical, biological or
chemical agents;

the assessment required by regulation 7(1) shall include the assessment
of such risk.

(2) Where, in the case of an individual worker, any other action
required to be taken by the employer under these Regulations would not

MERCHANT SHIPPING (HEALTH AND SAFETY AT WORK)
REGULATIONS 2003

8

avoid the risk referred to in paragraph (1), if it is reasonable to do so, and
would avoid such risk, her working conditions or hours of work shall be
altered.

(3) If it is not reasonable to alter the working conditions or
hours of work, or if it would not avoid such risk, the employer shall,
suspend the worker from work for so long as is necessary to avoid such
risk.

(4) In paragraphs (1) to (3) references to risk, in relation to risk
from any infectious or contagious disease are references to a level of risk
at work which is in addition to the level to which a new or expectant
mother may be expected to be exposed outside the workplace.

Night work
9 (1) Where —

(a) a new or expectant mother works at night; and

(b) a certificate from a registered medical practitioner or
registered midwife shows that it is necessary for her
health or safety that she should not be at work for any
period of such work identified in the certificate, the
worker shall be offered suitable alternative daytime
work, if any is available.

(2) Subject to paragraph (1), where no such alternative daytime
work is available the worker shall be suspended from her work for so
long as is necessary for her health or safety.

Notification of pregnancy
10 (1) Nothing in regulation 8(2) or (3) shall require any action to
be taken in relation to a worker until she has notified the employer or the
company, as the case may be, in writing that she is pregnant, has given
birth within the previous six months or is breast-feeding.

(2) Nothing in regulation 8(2) or (3) or in regulation 9 shall
require action to be maintained in relation to a worker —

(a) in a case —

(i) to which regulation 8(2) or (3) relates; and

(ii) where the worker has notified her employer that
she is pregnant;

where she has failed, within a reasonable time of being
requested to do so in writing by her employer, to produce
for the employer's inspection a certificate from a

MERCHANT SHIPPING (HEALTH AND SAFETY AT WORK)
REGULATIONS 2003

9

registered medical practitioner or a registered midwife
showing that she is pregnant;

(b) once the employer knows that she is no longer a new or
expectant mother; or

(c) if the employer cannot establish whether she remains a
new or expectant mother.

Health surveillance
11 Workers shall be provided with such health surveillance as is
appropriate having regard to the risks to their health and safety which
are identified by the assessment undertaken in accordance with
regulation 7.

Capabilities and training
12 (1) In entrusting tasks to workers, account shall be taken of
their capabilities as regards health and safety.

(2) Workers shall be provided with adequate and appropriate
health and safety training and instruction —

(a) before being assigned to shipboard duties;

(b) on their being exposed to new or increased risks because
of —

(i) being transferred or given a change of
responsibilities;

(ii) the introduction of new equipment or a change to
equipment already in use;

(iii) the introduction of new technology; or

(iv) the introduction of new shipboard practices, a new
system of work or a change to a system of work
already in use.

(3) The training referred to in paragraph (2) shall —

(a) be repeated periodically where appropriate;

(b) be adapted to take account of any new or changed risks
to the health or safety of the workers concerned; and

(c) take place during the working hours of the worker
concerned.

(4) Every person carrying on the activity of an employment
agency whose employee is to carry out work aboard a ship to which these

MERCHANT SHIPPING (HEALTH AND SAFETY AT WORK)
REGULATIONS 2003

10

Regulations apply shall be provided by the Company with information
on —

(a) any special occupational qualifications required by
workers to carry out their work safely;

(b) the specific features of the jobs to be filled by those
workers (in so far as those features are likely to affect
their health and safety); and

(c) any health surveillance required to be provided to
workers under these or other relevant regulations;

and the employment agency concerned shall ensure that the information
so provided is given to the said workers.

Part III
Duties of the Company

Co-ordination
13. Where there are workers on board a Bermuda ship not employed
by the company, the company shall —

(a) consult every other employer of those workers regarding
the arrangements for health and safety required under
regulation 5(2)(c);

(b) co-ordinate arrangements for the protection of all
workers and the prevention of risk to their health and
safety; and

(c) ensure that all workers are informed of the significant
and relevant findings of the risk assessment carried out
under regulation 7, and of the arrangements for their
protection referred to in sub-paragraph (b).

PART IV
Special responsibility for health and safety and consultation

with workers

Protective and preventive services
14 (1) One or more competent persons shall be appointed by the
employer in order to provide such protective and preventive services for
the undertaking as are necessary to enable him to comply with the
requirements of these Regulations.

MERCHANT SHIPPING (HEALTH AND SAFETY AT WORK)
REGULATIONS 2003

11

(2) Where there is no competent person available within the
undertaking, the employer shall employ an external person who is a
competent person.

(3) If he is a competent person, the employer may appoint
himself to undertake the responsibilities specified in paragraph (1).

(4) The number of persons appointed under paragraph (1) shall
be sufficient in number to carry out the requirements of these
Regulations, and the appropriate persons shall have the necessary time,
resources and means, to carry out their duties.

Appointment of safety officers
15 (1) This regulation and regulations 16 to 18 apply to sea-going
ships in which more than five workers are employed.

(2) In every ship to which this regulation applies, the company
shall appoint a competent person as safety officer.

(3) The Minister may grant exemptions from paragraphs (1)
and (2) for classes of cases or individual cases on such terms (if any) as
he may specify in the exemption and may, subject to giving reasonable
notice, alter or cancel any such exemption.

Duties of safety officers
16 (1) Subject to paragraph (2), the safety officer shall use his best
endeavours to —

(a) improve the standard of safety consciousness among the
crew and ensure that the Code and safety instructions,
rules and guidance for the ship relating to health and
safety are complied with;

(b) investigate, so far as is reasonably practicable —

(i) every accident involving death, major or serious
injury and every dangerous occurrence as defined
in the Merchant Shipping (Safety Officials and
Reporting of Accidents and Dangerous
Occurrences) Regulations 1986;

(ii) all potential hazards to health and safety; and

(iii) all reasonable complaints by workers about health
and safety;

and make recommendations to the master to prevent the
recurrence of such an accident or to remove any hazard,
provided that the duty to investigate shall not extend to
accidents arising from a casualty to the ship;

MERCHANT SHIPPING (HEALTH AND SAFETY AT WORK)
REGULATIONS 2003

12

(c) ensure that health and safety inspections of each
accessible part of the ship are carried out at least once
every three months and more frequently if there have
been substantial changes in the conditions of work;

(d) make representations and, where appropriate,
recommendations to the master, about any deficiency in
the ship in respect of —

(i) any legislative requirement relating to health and
safety;

(ii) any relevant Merchant Shipping Notice; or

(iii) any provision of the Code;

and also suggest whether those representations and
recommendations should be passed by the master on to
the employer or other person who has control of the
matter;

(e) maintain a record of every accident involving death,
major or serious injury and every dangerous occurrence,
and make it available on request to any elected
representative, to the master and to any person
authorised by the Minister;

(f) stop any work which he observes in progress and
reasonably believes may cause a serious accident, and
immediately inform the master or the master's deputy
who shall decide when work can safely be resumed.

(2) Nothing in this regulation shall require a safety officer to
take any action at a time when emergency action to safeguard life or the
ship is being taken.

Election of safety representatives and safety committees
17 (1) In every ship to which this regulation applies and where
there is no existing agreement the company shall make rules for the
election and appointment of safety representatives.

(2) In every election for a safety representative the candidate
receiving most votes shall be elected, provided that no safety
representative shall be appointed who has less than two years'
consecutive sea service since attaining the age of 18, which in the case of
a safety representative on board a tanker shall include at least six
months' service in such a ship.

(3) The appointment of a safety representative shall
terminate —

MERCHANT SHIPPING (HEALTH AND SAFETY AT WORK)
REGULATIONS 2003

13

(a) on that person ceasing to be employed in the ship; or

(b) from the date on which that person resigns from that
position or on which another duly elected person is
elected in his place.

(4) In all ships where a safety representative is elected, the
company shall appoint a safety committee which shall include the
master as chairman, the safety officer and every safety representative,
and may also include any other person appointed under regulation 14(1).

(5) The appointment of every person under regulations 14(1),
15(2) or paragraph (1) and the appointment of any of those persons onto
a safety committee shall be recorded in writing.

Powers of safety representatives and safety committees
18 Safety representatives and safety committees may —

(a) participate, subject to the concurrence of the safety
officer, in any of the investigations or inspections carried
out by the safety officer under regulation 16, or after
notification to the master or his deputy, undertake
similar investigations or inspections themselves, whether
or not such investigations or inspections have already
been carried out by the safety officer;

(b) make representations to the employer on potential
hazards and dangerous occurrences at the workplace
which affect, or could affect, workers on the ship;

(c) make representations to the master and the employer on
general matters affecting the health and safety of
workers on the ship and, in particular, on such matters
as those on which the employer carries out consultation
under regulation 20;

(d) request the safety officer to carry out any occupational
health and safety inspection they consider necessary
and to report the findings to them.

Duties of the company and master
19 (1) The company and master, in co-ordination with the
employer, shall facilitate the work of any person appointed under
regulations 14(1), 15(2) or 17(1) in carrying out their health and safety
functions, and in particular to —

(a) provide for use by them a copy of the Code (where
appropriate), and access to any necessary information,

MERCHANT SHIPPING (HEALTH AND SAFETY AT WORK)
REGULATIONS 2003

14

documents and similar material including relevant
legislation and Merchant Shipping Notices;

(b) provide them with relevant information about —

(i) the risks and measures for protection identified
under regulation 7;

(ii) factors known, or suspected, by them to affect the
health and safety of the workers on board the ship;
and

(iii) arrangements for fire-fighting, first aid and other
emergency procedures;

(c) ensure that those persons have the necessary resources
and means to carry out their functions and duties;

(d) allow any of those persons such absence from ship
duties without loss of pay as may be necessary to enable
them to fulfil their functions, or to undertake any
necessary training in health and safety matters;

(e) receive at any reasonable time, representations about
health and safety from the safety officer, safety
representatives or the safety committee, discuss their
representations with them and implement any agreed
measures as soon as may be reasonable and practicable.

(2) Where no safety officer is appointed under regulation 15,
the Company shall maintain a record of every accident involving death,
major or serious injury, and every dangerous occurrence and make it
available on request to any worker and any person duly authorised by
the Minister.

Consultation with workers
20 (1) Workers or their elected representatives shall be consulted
in advance and in good time by the employer, and in the case of sub-
paragraphs (c) and (d) where applicable, by the Company, on all matters
relating to their health and safety, and in particular on —

(a) the arrangements for appointing a competent person
under regulation 14 to provide protective and preventive
services for the undertaking;

(b) the findings of the risk assessment;

(c) arrangements for health and safety training under
regulation 12;

(d) the introduction of new technology.

MERCHANT SHIPPING (HEALTH AND SAFETY AT WORK)
REGULATIONS 2003

15

(2) Employers shall allow workers or their elected
representatives to make representations about health and safety, and
shall implement any agreed measures as soon as may be reasonable and
practicable.

(3) Workers or their elected representatives shall be given
access by the employer and, where applicable by the company, to any
relevant information about —

(a) health and safety matters from inspection agencies and
health and safety authorities; and

(b) every accident involving death, major or serious injury,
and every dangerous occurrence.

(4) Elected representatives shall be given adequate time off
work without loss of pay in order to exercise their rights and functions
under this regulation, and shall be provided with appropriate training.

(5) Workers or their elected representatives shall not be placed
at a disadvantage (whether economic or otherwise) because of their
activities under this regulation.

PART V
General duties of workers

General duties of workers
21 (1) Every worker aboard a ship to which these Regulations
apply shall—

(a) take reasonable care for the health and safety of himself
and of any other person aboard the ship who may be
affected by his acts or omissions; and

(b) as regards any duty or requirement imposed on the
company, his employer or any other person by these
Regulations and the Act or any regulation or rule made
thereunder, with regard to health and safety, to co-
operate with that person so far as is necessary to enable
that duty or requirement to be performed or complied
with.

(2) No worker shall —

(a) use any machinery, equipment, dangerous substance,
transport equipment, means of production or safety
device provided by his employer or the company other
than in accordance with any relevant training or
instructions which have been received or provided by the

MERCHANT SHIPPING (HEALTH AND SAFETY AT WORK)
REGULATIONS 2003

16

employer or the company in compliance with these
Regulations; or

(b) disconnect, change or remove or otherwise interfere with
any safety device provided by the employer or the
company.

(3) Every worker shall immediately inform the master or the
safety officer or another competent person appointed under regulation
14(1) of any matter which may reasonably be considered to represent a
deficiency in the Company's protection arrangements for the health and
safety of persons on board the ship.

(4) Every worker shall immediately inform his employer, the
safety officer or other competent person —

(a) of any work situation which he reasonably considers to
represent a serious and immediate danger to health and
safety; and

(b) of any matter which he reasonably considers to
represent a deficiency in the employer's protection
arrangements for health and safety.

PART VI
Prohibitions, penalties, offences, inspections and detentions

Prohibition on levy
22 No charge in respect of anything done or provided in pursuance
of any specific requirement of these Regulations shall be levied or
permitted to be levied on any worker.

Duty not to interfere with or misuse certain things
23. No person shall intentionally or recklessly interfere with or
misuse anything provided in the interests of health and safety aboard a
Bermuda ship in pursuance of these Regulations or the Act or any
regulation or rule made thereunder.

Penalties
24 (1) Any contravention of regulation 5 of these Regulations shall
be an offence punishable on summary conviction by a fine not exceeding
$10,000.00 or, on conviction on indictment, by a fine not exceeding
$20,000.00 or by imprisonment for a term not exceeding two years or
both.

(2) Any contravention of regulation 14 shall be an offence
punishable on summary conviction by a fine not exceeding $10,000.00.

MERCHANT SHIPPING (HEALTH AND SAFETY AT WORK)
REGULATIONS 2003

17

(3) Any contravention of regulation 6, 7, 16, 17, 20 or 21 of
these Regulations shall be an offence punishable on summary conviction
by a fine not exceeding $7500.00.

(4) Any contravention of regulation 8, 9, 11, 12, 13, 22 or 23 of
these Regulations shall be an offence punishable on summary conviction
by a fine not exceeding $2000.00.

(5) Any company which —

(a) fails to appoint a safety officer in accordance with
regulation 15; or

(b) fails to carry out any of the duties specified in
regulation 19;

commits an offence punishable on summary conviction by a fine not
exceeding $10,000.00.

(6) Any master who fails to carry out any of the duties specified
in regulation 19 commits an offence punishable on summary conviction
by a fine not exceeding $2000.00.

Offences by body corporate
25 (1) Where a body corporate is found guilty of an offence under
any of these Regulations and that offence is proved to have been
committed with the consent or connivance of, or to have been
attributable to any neglect on the part of, any director, manager,
secretary or other similar officer of the body corporate or a person who
was purporting to act in any such capacity, he as well as the body
corporate shall be deemed to have committed that offence and shall be
liable to be proceeded against and punished accordingly.

(2) Where the affairs of a body corporate are managed by its
members, the preceding paragraph shall apply in relation to the acts and
defaults of a member in connection with his functions of management as
if he were a director of the body corporate.

Onus of proving what is reasonably practicable
26 In any proceedings for an offence under any of these Regulations
consisting of a failure to comply with a duty or requirement to do
something so far as is reasonably practicable, it shall be for the
complainant to prove that it was reasonably practicable to do more than
was in fact done to satisfy the duty or requirement.

Inspection and detention of a Bermuda ship
27 A relevant inspector may inspect any Bermuda ship and if he is
satisfied that there has been a failure to comply in relation to that ship

MERCHANT SHIPPING (HEALTH AND SAFETY AT WORK)
REGULATIONS 2003

18

with the requirements of these Regulations may detain the ship until the
health and safety of all workers and other persons aboard the ship are
secured, but shall not in the exercise of these powers detain or delay the
ship unreasonably.

Inspection, detention etc. of ships registered outside Bermuda
28 (1) A relevant inspector may inspect any ship which is not a
Bermuda ship when the ship is in a Bermuda port, and if satisfied that
the ship does not conform to the standards required of Bermuda ships
by these Regulations, may —

(a) send a report to the government of the country in which
the ship is registered, and a copy of the report to the
Director General of the International Maritime
Organisation; and

(b) where conditions on board are clearly hazardous to
health and safety —

(i) take such measures as are necessary to rectify
those conditions; or

(ii) detain the ship;

provided that the measures specified in sub-paragraphs (a) and (b) may
be taken only when the ship has called at a Bermuda port in the normal
course of business for operational reasons.

(2) If either of the measures specified in paragraph (1)(b) are
taken, the relevant inspector shall immediately notify the nearest
maritime, consular or diplomatic representative of the State whose flag
the ship is entitled to fly.

(3) The relevant inspector shall not in exercise of his power
under this regulation detain or delay the ship unreasonably.

Enforcement of detention
29 Where a ship is liable to be detained under these Regulations,
section 242 of the Act (which relates to the detention of the ship) shall
apply as if for the words "this Act", wherever they appear, there were
substituted "the Merchant Shipping (Health and Safety at Work)
Regulations 2004".

Compensation
30 Sections 104 and 105 of the Act (Arbitration and Compensation)
shall apply in relation to a detention notice or order under these
Regulations as they apply to a detention notice under section 103(4) of

MERCHANT SHIPPING (HEALTH AND SAFETY AT WORK)
REGULATIONS 2003

19

the Act, and in such application, “relevant inspector” means a person
making an inspection under these Regulations.

Revocation
31 The Merchant Shipping (Health and Safety: General Duties)
Regulations 1991 are revoked.

Made this 20th day of July 2004

Minister of Transport