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

Regulations

Maritime Occupational Safety Regulations, 1994

Chapter I : General

3. Duties of employers

[Regulation 3 heading substituted by regulation 4 of Notice No. R. 1712 dated 19 December 1997]

 

(1) Every employer shall—
(a) have a copy of these regulations readily available for perusal by his employees;
(b) ensure that all his employees are so far as is practicable familiar with these regulations where applicable;
(c) in so far as is practicable, ensure that the provisions of these regulations applicable to employees are observed by them;
(d) in the interest of safety, ensure that discipline is enforced on board a vessel;
(e) ensure that on board a vessel work is performed or machinery is used under the general supervision of a person who is fully aware of the hazards connected therewith and who is conversant with the safety measures to be taken or observed to obviate such hazards;
(f) ensure that safety measures contained in the applicable Code are complied with;
(g) ensure that every employee is aware of the hazards connected with any work to be performed, or machinery to be used by him and that he is conversant with the safety measures to be taken or observed to obviate such hazards;
(h) ensure that machinery and equipment which is brought on board a vessel and which does not form part of that vessel's machinery or equipment complies with the provisions of the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993);
(i) ensure than an employee who operates machinery or equipment on board a vessel is competent to do so.

 

(2) No employer shall, other than in writing and subject to the conditions stipulated by him, allow the raising, lowering, transporting or supporting of a person by means of a lifting appliance, except in an emergency.

 

(3) Every employee shall—
(a) take reasonable care for his own safety and that of other persons who may be affected by his acts or omissions;
(b) as regards any duty or requirement imposed on his employer or any other person by the Act or regulations, co-operate with such employer or person to enable that duty or requirement to be performed or complied with;
(c) carry out any lawful order given to him, and obey the rules and procedures laid down by his employer or by anyone authorized thereto by his employer, in the interest of safety;
(d) if any situation which is unsafe comes to his attention, as soon as practicable report such situation to his employer or to the safety representative for his workplace or section thereof, as the case may be, who shall report it to the employer;
(e) if he is involved in any incident which may affect his safety, or which has caused an injury to himself, report such incident to his employer or to anyone authorized thereto by the employer, or to his safety representative, as soon as practicable but not later than the end of the particular shift during which the incident occurred, unless the circumstances were such that the reporting of the incident was not possible, in which case he shall report the incident as soon as practicable thereafter; and
(f) not intentionally or recklessly interfere with or misuse anything which is provided in the interest of safety.

[Regulation 3(3) inserted by regulation 4 of Notice No. R. 1712 dated 19 December 1997]