Merchant Shipping Act, 1951 (Act No. 57 of 1951)

Regulations

Maritime Occupational Safety Regulations, 1994

Chapter II : Safety provisions for staff on board ship, appliances and equipment

12. Election, termination of office, and functions of safety representatives
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(1)The crew may, if they so choose, elect—
(a)in a ship carrying fewer than 16 crew members, one safety representative; or
(b)in a ship carrying more than 15 crew members, one safety representative, to be elected by the officers, and one safety representative to be elected by the ratings, or in a ship carrying more than 30 ratings, one safety representative, to be elected by the ratings in each of the deck, engine and catering departments; and general purpose ratings shall for this purpose be included in the deck apartment.

 

(2)If a group of employees chooses to elect a safety representative, the manner in which the election is to be conducted shall be as follows:
(a)At a meeting convened for the purpose of this election and presided over by the chairman of the safety committee or his nominee, a group of employees shall from within their group nominate a candidate.
(b)Each nominated candidate shall, in writing, confirm to the chairman of the safety committee his acceptance of such nomination.
(c)The election of a safety representative shall be decided by ballot.
(d)Each member of the group of employees holding an election shall have only one vote.
(e)The candidate obtaining the majority of votes shall be the safety representative for the specific group of employees for a period not exceeding six months.
(f)In the event of an equality of votes, the chairman of the safety committee shall have the decisive vote.

 

(3)The office of the safety representative shall terminate—
(a)on the date that the safety representative ceases to be employed on board that vessel;
(b)on the date of his resignation from office; or
(c)after he has completed his term of appointment.

 

(4)When he makes representations and submits requests to the employer or safety officer or safety committee on behalf of the crew he represents, the safety representative shall make such representations and submissions in writing.