| (1) | The owner of a fishing vessel shall in writing appoint an employee as safety appointee for that fishing vessel whilst it is not in service. |
[Regulation 37(1) substituted by regulation 13 of Notice No. R. 1712 dated 19 December 1997]
| (2) | The appointment of the safety appointee shall terminate— |
| (a) | on the date that the employee ceases to be employed by the owner; or |
| (b) | on the date that the employer terminates his appointment. |
| (3) | The safety appointee shall whilst a vessel is not in service— |
| (a) | ensure that the employees comply with the provisions of the Code; |
| (b) | ensure that the employees comply with any occupational safety policy determined by the employer concerned; |
| (c) | ensure that the employees 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 employees in the execution of their work, and all complaints by the employees of the vessel concerning occupational safety; |
| (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 employees; |
| (ii) | any relevant Marine Notice; and |
| (iii) | any provision of the Code; |
| (f) | carry out inspections of each accessible part of the vessel in respect of the occupational safety of the employees, at least once during the vessel's not-in-service period and should such period extend beyond one month, at least once a month; |
| (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 owner thereof forthwith; |
| (h) | carry out any other investigation relating to occupational safety which an employer or safety committee may deem necessary, if so requested in writing by the employer or the safety committee, as the case may be, and thereafter submit a report in respect of such investigation; |
| (i) | submit to the employer for the purposes of the record book a brief report of the investigation referred to in this regulation. |
