(1)
| (a) | For the purpose of a fishing vessel in service, the employer of the crew of the vessel shall in writing appoint a suitably qualified crew member as the safety officer for the vessel. |
| (b) | A person is not suitably qualified for the purposes of paragraph (a) unless he or she holds documentary evidence of having successfully completed safety officer training approved by the Authority: Provided that this provision does not require a person to hold such documentary evidence during the period expiring 12 months after the commencement of Part 1 of the Merchant Shipping (Miscellaneous Amendments) Regulations, 2004. |
[Regulation 36(1) substituted by regulation 11(b) of Notice No. R. 545 dated 30 April 2004]
| (2) | The appointment of a safety officer shall terminate— |
| (a) | on a date that he ceases to be employed on board the fishing vessel; or |
| (b) | on the date that his employer, in writing, terminates his appointment. |
| (3) | A safety officer shall, whilst a fishing vessel is in service— |
| (a) | ensure that the crew comply with the provisions of the Code; |
| (b) | ensure that the crew comply with any occupational safety policy determined by the employer concerned; |
| (c) | ensure that the crew maintain a high standard of occupational safety; |
| (d) | investigate the cause of an accident contemplated in section 259(1)(c) of the Act; all hazards or potential hazards to safety including fatigue, that affect or may affect the crew of a vessel in the execution of their work, and all complaints concerning occupational safety; |
| (dA) | ensure that the members of the vessel's safety committee are made aware of— |
| (i) | the relevant requirements of these regulations and of the Act; |
| (ii) | any relevant Marine Notice; and |
| (iii) | the provisions of the Code. |
[Regulation 36(3)(da) inserted by regulation 11(b) of Notice No. R. 545 dated 30 April 2004]
| (e) | make recommendations to the safety committee concerned about any investigation or inspection or the prevention of any accident or the removal of any hazard or potential hazard, and about any deficiency in occupational safety regarding— |
| (i) | the requirements of the Act and these regulations that affect the crew; |
| (ii) | any relevant Marine Notice; and |
| (iii) | any provisions of the Code; |
| (f) | carry out inspections of each accessible part of the vessel in respect of the occupational safety affecting the crew, at least once during a voyage; |
| (g) | immediately stop or cause to be stopped, the performance of any work which in his opinion may cause an accident or serious injury, and inform the master thereof forthwith; |
| (h) | carry out any other investigation or inspection relating to occupational safety which an employer or safety committee may deem necessary, if so requested in writing by the employer or safety committee, as the case may be, and thereafter submit a report in respect of such investigation; and |
| (i) | submit to the employer for the purposes of the record book a brief report of the investigation referred to in this regulation. |
