Executive Order On Seafarers ' Hours Of Rest

Original Language Title: Bekendtgørelse om søfarendes hviletid

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Overview (table of contents)



Annex 1











Annex 2











Annex 3



Conditions for special requirements of registration



The full text of the Executive order on seafarers ' rest times1)

Pursuant to section 4, paragraph 4, section 57 and section 70, paragraph 1, of the law on seafarers ' conditions of employment, etc., see. lovbekendtgørelse nr. 742 of 18. July 2005, as amended by Act No. 511 of 17. June 2008 and Act No. 493 of 12. May 2010, and § 1, paragraph 3, article 3, paragraph 1, no. 6, § 3, paragraph 2, article 16, paragraph 3, and section 32, paragraph 8, of the law on safety at sea, see. lovbekendtgørelse nr. 654 of 15. June 2010, as amended by Act No. 251 of 30. March 2011, fixed: Definitions and scope of application



§ 1. This Ordinance shall apply to employees on board the ships referred to in article 6. section 1, paragraph 1, and section 49 of the law on seafarers ' conditions of employment, regardless of the use of ships and shipping areas, with the exception of fishing vessels and recreational craft.

(2). In cases where there is doubt as to whether the person concerned must be considered as employed on board is determined by the Danish maritime authority, subject to prior consultation with the organizations of shipowners and seafarers, to which the question relates.

§ 2. By a period of rest means a continuous period of not less than one hour's duration, which is outside the working hours.

(2). By working time shall mean any period during which an employee must work on account of the ship.

(3). At a working 24 hours a day shall mean a 24-hour period, counted from the first time an employee starts to work in a calendar day.

(4). By a week means a consecutive 7-day period.

§ 3. There must be no on foreign merchant ships on the Danish territorial waters work in violation of the limits on working and rest periods resulting from the STCW Convention and sections 1 to 12 of the agreement annexed to Council Directive 1999/63/EC, as amended by Council directive 2009/13/EC of 16. February 2009 on the implementation of the agreement concluded by the European Community Shipowners ' Associations (ECSA) and the European Transport Workers ' Federation (ETF) on the maritime labour Convention on conditions of 2006 and amending Directive 1999/63/EC.

§ 4. A normal working time norm for a servant is in principle based on an eight-hour day with one day of rest per week and free on public holidays.

(2). For employees shall be the sole regulation of rest periods, see. section 57 of the law on seafarers ' conditions of employment.

Rest periods, etc.



§ 5. Employees must have regular periods of rest of sufficient length to ensure health and safety.

(2). Within each work 24 hours a day to rest for an employee at 18 years of age or more shall be not less than 10 hours. Dwell time can be divided into no more than two periods, one of which must be at least 6 hours, see. However, sections 8 and 9. The time between two consecutive periods of rest shall not exceed 14 hours.

(3). The total rest period for a week must be a minimum of 77 hours.

(4). The Danish maritime authority may, at the request of the shipowner may permit the rest periods referred to in paragraph 2 shall be calculated within each calendar day.

(5). On Sundays and public holidays, the shipowner must not impose an employee work which can be postponed.

(6). On Sundays and public holidays should also, as far as possible be given employees who want it, the opportunity for undisturbed to hold church service on board.

§ 6. For watchkeeping seafarers or seafarers, whose work includes tasks related to security and the prevention of pollution, or for seafarers working on ships with short travel time rules referred to above may be waived by collective agreements, taking account of more frequent or longer leave periods, or where there is assurance with compensatory day off. An agreement must at least meet the minimum requirements for the protection afforded by the rest of the paragraph 9 of section A-VIII/1 in Chapter VIII of the STCW Convention set out in annex 1.

(2). Derogations under paragraph 1 shall be registered in the Danish maritime authority before they can be used, and the registered agreement text shall be carried on board the Danish and English in an easily accessible place.

§ 7. An employee under 18 years of age must have an overall period of rest of at least 12 hours of work a day.

(2). The rest period should in General include the period between midnight and. 20 and 21:00. 06. The provisions of paragraph 3. For employees under the age of 18, who goes on-call, can rest period into no more than 2 periods. The one rest period must be of at least 8 hours and Sun during the period between 16:00. 20 and 21:00. 06. (4). The time between consecutive periods of rest shall not exceed 12 hours.

(5). The total rest period for a week must be a minimum of 84 hours.

(6). Paragraphs 2 and 3 shall not apply to employees under 18 years of age, if the second location of rest periods are required as part of a vocational training, one of the Danish maritime authority approved maritime education, or equivalent training of at least two years ' duration, which provides vocational competence.

(7). Employees under 18 years of age must have 2 consecutive day off a week. If it is required, the weekly day off should be delayed, to these may be replaced by equivalent freedom later.

§ 8. Staff on-call, must have a compensatory rest period if the normal period of rest is interrupted as a result of the work, and such an interruption without such compensation for the employees as a result, the demand for labour diurnal rest period cannot be met.

(2). The total hours of rest in every 24 hours for employees working on-call must be at least 10 hours. One of the rest periods must be at least 6 hours. For employees under the age of 18 to the total dwell time in working hours a day regardless of the interruption shall be not less than 12 hours and a. of rest periods must be at least 8 hours.

§ 9. Musters, fire-and-rescue exercises and other prescribed exercises must be carried out in such a way as to interfere as little as possible into the rest periods and does not cause fatigue.

(2). For employees over the age of 18 years and who carry out exercises, which is covered by paragraph 1, the total hours of rest during working hours a day regardless of the interruption shall be not less than 10 hours. One of the rest periods must be at least 6 hours. For employees under the age of 18 to the total dwell time in working hours a day regardless of the interruption shall be not less than 12 hours, and one of the rest periods must be at least 8 hours.

§ 10. The master may require the seafarer working when it is necessary for the immediate safety of the occupants or cargo, or to assist other ships or persons in distress at sea.

(2). The provisions of § § 5 – 9 may be waived in situations referred to in paragraph 1.

(3). As soon as practicable after the normal situation has been restored, the master shall ensure that the seafarers who have performed work in a scheduled rest period, get an adequate rest period.

Lookup and registration



§ 11. To be in an easily accessible place on board advertised a schedule with details of each function on Board on employees ' working periods at sea and in port, including on-call periods for watchkeeping personnel. The schema must be in Danish and English, and the format must be approved by the Danish maritime authority. As annex 1 reproduced one of the Danish maritime authority approved schedule.

§ 12. Employees ' daily rest periods must be continuously recorded in a specific time schedule, which must be in Danish and English, and the format must be approved by the Danish maritime authority. The schema must be carried out in 2 copies. As annex 2 reproduced one of the Danish maritime authority approved schedule. Annex 3 contains a summary of the information requirements of registration shall contain for employees on ships solely navigating between Danish ports, and where all the time on board is working time.

(2). The master or one of this authorized person and the employee must sign the rest form each month.

(3). The staff member must, at appropriate intervals and at termination of service have given a ship signed copy of rest schema.

(4). A copy of the form must be presented to rest on board for 6 months after the duty point. The owner must then store the schema in 1 year.

(5). Copy of the rest periods referred to in paragraph 4 shall form must be submitted to the Danish maritime authority when the agency requests for verification and endorsement.

(6). The Danish maritime authority may allow the time information is recorded and stored on electronic media, and that the submission of information to the Danish maritime authority rest is done electronically. The Danish maritime authority can make the authorisation of that registration, storage and submission of information is done in special format.

§ 13. The owner or employer shall ensure that on board is the opportunity to meet the obligations imposed by the Ordinance. In cases where the shipowner is not the employer, shall be the responsibility of the obligation after 1. PT also owner.

§ 14. The Danish maritime authority responsible for supervision of compliance with the provisions of this Ordinance.

(2). In the event of non-compliance with the provisions of this Ordinance shall take the Danish maritime authority in compliance with binding international conventions, the necessary measures to ensure against such fatigue, which constitute a clear hazard to the safety or health of employees. Such measures may include a ban on the ship leaves the port, until the employees are sufficiently rested.

(3). The Danish maritime authority decision on the detention of a ship by the owner or operator of a ship or that person's representative in Denmark brought before the Appeals Board for Maritime conditions. Launching a case of the Board do not have suspensory effect.
§ 15. The Danish maritime authority may for the treatment of cases under this Ordinance to require information about the employees ' working conditions from masters and shipowners.

Penalty



§ 16. Violation of section 4, paragraphs 1-3, paragraphs 5 and 6, section 5, paragraph 2, article 7, paragraph 1, paragraphs 3 to 5 and paragraph 7, article 9, paragraph 3, article 10, article 11, paragraphs 1-5, section 12 or section 14 is punishable by fine or imprisonment for up to 1 year.

(2). The who fails to comply with a prohibition or injunctive relief under section 13(2) or a condition established pursuant to section 11, paragraph 6, are punishable by fine or imprisonment for up to 1år.

(3). The penalty in accordance with paragraphs 1 and 2 may rise to imprisonment for up to 2 years if the infringement was committed intentionally or through gross negligence, and if 1) in the infringement is done harm to life or health or caused danger for them, 2) previously delivered a prohibition or injunction for the same or similar conditions, or 3) in the infringement is intentional or obtained a financial benefit for the person himself or others.

(4). It should be regarded as a specific aggravating circumstance that for young people under the age of 18 is done harm to life or health or caused danger for them, see. paragraph 3, nr. 1. the provisions in paragraph 5. Happens not confiscation of the proceeds gained from the offence, that when fixing the fine, including additional fines special consideration to the size of an achieved or intended economic advantage.

(6). That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.

(7). By the imposition of criminal liability in accordance with paragraph 2 shall be deemed to be persons who are employed to perform work on board the ship by someone other than the owner, also to be attached to the shipowner. Document of compliance have been issued in accordance with the code for the safe operation of ships, or a certificate in accordance with the Convention on seafarers ' working conditions to another organisation or person, (I) the master and seafarers shall be deemed also to be attached to it, as the document is issued.

Entry-into-force provision



§ 17. The notice shall enter into force on the 20. August 2013.

(2). At the same time repealed Executive Order No. 515 of 21. June 2002 the seafarers ' rest time, etc.

The Danish maritime authority, the 16. August 2013 Jan Gabrielsen/Jorgen Gudgeon



Annex 1



Annex 1 STANDARD MODEL FOR OVERVIEW of ORGANIZATION OF WORK on BOARD

MODEL FORMAT FOR TABLE OF SHIPBOARD WORKING ARRANGEMENTS of the ship name: _______________





The ship's flag: _______________





IMO No. (if it exists): _______







Name of ship:





Flag of ship:





IMO number (if any):





 

 

 



 

 

 





Last update of the list: _________________________





page () of () pages







Latest update of table:



 



() of () pages.





 

 

 









The rules governing seafarers ' total rest period can be found in § 57 of the Danish law on seafarers ' conditions of employment, etc., see. Executive order on seafarers ' rest periods, etc., issued in accordance with the MLC and in accordance with any applicable collective agreement registered in accordance with this Convention and with the International Convention on standards of training, certification and watchkeeping, 1978, in an amended form (the STCW Convention) 1).

The minimum hours of rest are applicable in accordance with article 57, cf. the Order on seafarers hours of residual issued in conformity with any applicable collective agreement and with MLC registered in accordance with that Convention and with the International Convention on standards of training, certification and watch-keeping for seafarers, 1978, as amended (STCW Convention).

Minimal rest period 1) For seafarers on Danish merchant ships must rest time after the abovementioned rules shall not be less than: i) ten hours of work a day and ii) 77 hours a week.



2) dwell time in working round the clock must not be divided into more than two periods, one of which must be at least six hours. The time between two consecutive periods of rest shall not exceed 14 hours.



3) For watchkeeping seafarers or seafarers, whose work includes tasks related to security and the prevention of pollution, or for seafarers working on ships with short travel time rules referred to above may be waived by collective agreements, taking account of more frequent or longer leave periods, or where there is assurance with compensatory day off. An agreement must at least meet the minimum requirements for the protection afforded by the rest of the paragraph 9 of section A-VIII/1 in Chapter VIII of the STCW Convention. Agreements on derogations must be registered in the Danish maritime authority before they can be used.

Minimum hours of rest For seafarers serving on 1) Danish merchant ships the hours of rest according to the above mentioned rules shall not be less than: (i) 10 hours in a 24-hour period, and (ii) 77 hours in a seven-day period.



2) Hours of rest may be divided into no more than two periods, one of which shall be to least six hours in length, and the interval between consecutive periods of rest shall not exceed 14 hours.



3) By collective agreements the above-mentioned Commission may be departed from for watch-keeping for seafarers and seafarers whose work include tasks related to safety and pollution prevention or for seafarers on ships engaged on short voyages, taking into account more frequent or longer periods of leave or the gran thing of compensatory days off. An agreement shall comply with the minimum protection to least deriving from the requirements in paragraph 9 of section A-VIII/1 in chapter VIII of the STCW Convention. Departure from a Commission shall be registered in the Danish Maritime Authority before they may be applied.

Andre krav:_______________________________________________________

Other requirements:

Schema for organization of work on board

TABLE OF SHIPBOARD WORKING ARRANGEMENTS



Position/rank

2): Position/Rank







Scheduled daily working time on søren



Scheduled daily work hours at sea







Scheduled daily working hours in the port



Scheduled daily work hours in port







Comments

3)



Comments







Total hours of rest a day



Total daily hours of rest





 





Watchkeeping (from-to)



Watch-keeping (from-to)







No on-call Team-Service (from-to)



Non-watch-keeping duties (from-to)







Watchkeeping (from-to)



Watch-keeping (from-to)







No on-call Team-Service (from-to)



Non-watch-keeping duties (from-to)



 





On the Lake



To sea







In port



In ports













 

 

 

 

 

 

 











 

 

 

 

 

 

 











 

 

 

 
 

 

 











 

 

 

 

 

 

 











 

 

 

 

 

 

 











 

 

 

 

 

 

 











 

 

Master's signature (signature of the master)



___________________________________________











2) For the posts/rank, which also is listed on the ship's safe manning document ", used the same terminology as in this document.

For those position/ranks that are also listed in the ship's safe manning document, the terminology used should be the same as in that document.

3) watchkeeping personnel may under "comments" indicate the expected number of hours to be used for unscheduled work.

For watchkeeping personnel, the comment section may be used to indicate the anticipated number of hours to be devoted to unscheduled work.

EXCERPT FROM THE MLC AND THE STCW CONVENTION

MLC

Norm. A2. 3, paragraph 5, 6, 13 and 14.

5. Limitations on working time or rest time shall be determined as follows: (a)) the maximum working time must not exceed: i) 14 hours in any 24-hour period, and (ii) 72 hours in any syvdøgns period), or (b)) the minimum duration of rest period shall not be less than: i) 10 hours in any 24-hour period, and (ii) 77 hours in any syvdøgns period).

6. Rest hours must not be divided into more than two periods, one of which must be of at least 6 hours, and the time between consecutive periods of rest shall not exceed 14 hours.

13. Nothing in this norm's (5) and (6) shall prevent a Member State national laws or regulations or a procedure for the competent authority to authorise or register collective agreements permitting derogations from the established limitations. Such deviations shall as far as possible, follow the provisions of this standard but may take account of more frequent or longer period of freedom or concessions of compensatory freedom for watchkeeping seafarers or seafarers working on board ships on short journey.

14. Inter in this standard restricts the master's right to require a seafarer serving in the number of hours required for the master of the ship, the on board or cargo, or in the interests of safety, with the aim of providing assistance to other ships or persons in distress at sea. The master can therefore suspend the schedule of hours of work or hours of rest and require a seafarer to perform carry out work in the number of hours that is necessary until normalcy is restored. The master shall, as soon as possible after that normalcy has been restored to ensure that seafarers who have performed work in a scheduled rest period, be given an adequate period of rest.

The STCW Convention

Section A-VIII/1, paragraphs 2, 3, 8 and 9.

2. all persons who are assigned duty as officer in charge of a watch or as a rating forming part of a watch, or a person whose work includes tasks related to security, prevention of pollution and security duties, must have a rest period of at least: 1) ten hours over a 24-hour period and 2) 77 hours over a seven-day period.

3. Rest periods can be divided into no more than two periods, one of which shall be at least six hours in length, and the interval between consecutive periods of rest shall not exceed 14 hours.

8. Notwithstanding the provisions of this section, the master of a ship has the right to require a seafarer to perform any hours of work necessary for the immediate safety of the occupants or cargo, or to assist other ships or persons in distress at sea. Accordingly, the master can disregard the hours of rest and require a seafarer to perform any hours of work necessary until the normal situation has been restored. As soon as practicable after the normal situation has been restored, the master shall ensure that seafarers who have performed work in a scheduled rest period, are given a sufficient rest period.

9. the parties may grant exemptions from the above paragraph 2.2 and 3 required rest periods, provided that the rest period is not less than 70 hours in any syvdags period. Exceptions specified in paragraph 2.2 weekly rest periods are not allowed in more than two consecutive weeks. The interval between the two exceptional periods on board must not be less than two times the length of the period of exemption. In paragraph 2.1 specified dwell time can be divided into no more than three periods, one of which at least one must have a length of 6 hours, and none of the other two periods must have a length shorter than 1 hour. The interval between consecutive periods of rest shall not exceed 14 hours. Exceptions shall not exceed two 24-hour blocks in any seven-day period. Exceptions shall, as far as possible take account of in section B-VIII/1, guidance on prevention of fatigue (fatigue).

SELECTED TEXTS FROM MLC AND THE STCW CONVENTIONS

MLC

Standard A2. 3, paragraph 5, 6, 13 and 14.

5. The limits on hours of work or rest shall be as follows: (a) maximum hours of work shall not exceed: (i) 14 hours in any 24-hour period; and (ii) 72 hours in any seven-day period, or (b) minimum hours of rest shall not be less than: (i) 10 hours in any 24-hour period, and (ii) 77 hours in any seven-day period.

6. Hours of rest may be divided into no more than two periods, one of which shall be to least six hours in length, and the interval between consecutive periods of rest shall not exceed 14 hours.

13. Nothing in paragraphs 5 and 6 of this Standard shall prevent a Member from having national laws or regulations or a procedure for the competent authority two authorize or register collective agreements permitting exceptions to the limits set out. Such exceptions shall, as far as possible, follow the provisions of this Standard but may take account of more frequent or longer leave periods or the gran thing of compensatory leave for watch-keeping seafarers working on board ships on short voyages.

14. Nothing in this Standard shall be deemed two impair the right to the master of a ship to require a seafarer to perform any hours of work necessary for the immediate safety of the ship, the person on board or cargo, or for the purpose of giving assistance to other ships or person in distress at sea. Accordingly, the master may suspend the schedule of hours of work or hours of rest and require a seafarer to perform any hours of work necessary until the normal situation has been restored. As soon as practicable after the normal situation has been restored, the master shall ensure that any seafarers who have performed work in a scheduled rest period are provided with an an adequate period of rest.

STCW Convention

Section A-VIII/1, paragraph 2, 3, 8 and 9.

2. All individual's who are assigned duty as officer in charge of a watch or as a rating forming part of watch and those whose duties involved designated safety, prevention of pollution and security duties shall be provide with a rest period of not less than: (1) a minimum of 10 hours of rest in any 24-hour period; and (2) 77 hours in any 7-day period.

3. The hours of rest may be divided into no more than two periods, one of which shall be the least 6 hours in length, and the interval between consecutive periods of rest shall not exceed 14 hours.

8. Nothing in this section shall be deemed two impair the right of the master of a ship to require a seafarer to perform any hours of work necessary for the immediate safety of the ship, the person on board or cargo, or for the purpose of giving assistance to other ships or person in distress at sea. Accordingly, the master may suspend the schedule of hours of rest and require a seafarer to perform any hours of work necessary until the normal situation has been restored. As soon a practicable after the normal situation has been restored, the master shall ensure that any seafarers who have performed work in a scheduled rest period are provided with an adequate period of rest.
9. Parties may allow exceptions from the required hours of rest in paragraphs 2.2 and 3 above provided that the rest period is not less than 70 hours in any 7-day period. Exceptions from the weekly rest period provided for in paragraph 2.2 shall not be allowed for more than two consecutive weeks. The interval between two periods of exceptions on board shall not be less than twice the duration of the exception. The hours of rest provided for in paragraph 2.1 may be divided into no more than three periods, one of which shall be the least 6 hours in length and neither of the other two periods shall be less than one hour in length. The interval between consecutive periods of rest shall not exceed 14 hours. Exceptions shall not extend beyond two 24-hour periods in any 7-day period. Exceptions shall, as far as possible, take into account the guidance regarding prevention of fatigue in section B-VIII/1.



Annex 2



Annex 2 STANDARD FORM for REGISTRATION of SEAFARERS ' DAILY HOURS of REST in the DANISH SHIPS

Record of hours of rest of seafarers in danish ships Seafarers (full name): ___________________________





Birth date: ____________





År: ______







Seafarer (full name)





Birthday





Year





 

 

 



 

 

 





Position/rank: _______________





Officer in charge of: 1) Yes No





The ship's name: _____________________







Position/Rank





Watchkeeper yes no





Name of ship





 

 

 







1) The relevant tick. (Delete as appropriate).

The following national laws, regulations and administrative provisions and/or collective agreements on minimum rest period applies on the ship:

The following national laws, regulations and collective agreements governing limitations on/or minimum rest periods apply to this ship



________________________________________________________________________________







 





Måned:



Month









Day/Day rest period (from-to)



Periods of rest (from-to)







Rest period in total.



Hours of remaining totally







Comments



Comments









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2



 

 

 

 

 





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I, the undersigned, hereby declare that this form accurately shows the pågældendeøfarers rest.







I agree that this record is an accurate reflection of the hours of rest of the seafarer concerned.





 





Name of the master or the person of the master







are authorized to sign this form: ________________________________________







Name of master or person authorized by the master two sign this record





 





The master or the person officiating person's signature: ____________________________







Signature of master or authorized person





 





The seafarers ' signature: ________________________________







Signature of seafarer





 





A copy of this form must be provided to the seafarer.







A copy of this record is to be given to the seafarer.





 



 



 



This form shall be examined and endorsed in accordance with procedures to be determined by:





 



This form is subject to examination and endorsement under procedures established for by the





 

 



 



The Danish maritime authority





 



Danish Maritime Authority





 



 



 



 











Annex 3 terms and conditions for the special requirements of registration

Time recording for seafarers on merchant ships, which sail between Danish ports, and only where the seafarer does not sleep on board, so that all time is working time on board, may take place as part of an appropriate schema, containing at least the following information: 1) The seafarers ' name.



2) birth date (URcpr.nr.).



3) Position on board.



4) ship's name.



5) working time location and length.



6) Endorsement from the master or the person to whom the master has authorised thereto that the rest the rules governing seafarers are met regarding the minimum daily rest period and the total weekly rest period.



7) Confirmation from the master or the person the master has empowered, to the seafarer has been provided with a copy of the form with the rest of this approval.

Official notes 1) This Decree implements parts of Council Directive 94/33/EC of 22. June 1994 on the protection of young people at work, official journal 1994 L 216, page 12 and parts of Council Directive 1999/63/EC of 21. June 1999 on the implementation of the agreement on the organisation of working time of seafarers concluded by the European Community Shipowners ' Association (ECSA) and the Federation of Transport Workers ' Unions in the European Union (FST), as amended by Council directive 2009/13/EC of 16. February 2009, the official journal of the European communities 1999 L 167, page 33, and EC-Official Journal L 124, page 30, 2009 European Parliament and Council Directive 1999/95/EC of 13. December 1999 concerning the enforcement of provisions on seafarers ' hours of work on board ships using Community ports, the official journal of the European communities 2000 L 14, page 29, and European Parliament and Council directive 2012/35/EU of 21. November 2012 amending Directive 2008/106/EC on the minimum level of training of seafarers, the official journal of the European Union L 343, 2012 page 78-105.

1) see page 2 in annex 1, relating to extracts of MLC and the STCW Convention.

See page 2 for selected extracts from MLC and the STCW Convention.