Safety and Training Information

WAFIC believes every professional fisher has a right to operate in as safe a workplace as possible given the inherent nature of working at sea in unpredictable weather conditions.

This is why we have established a dedicated Safety and Training page on our website.

If fishing vessels cannot go to sea, fishermen cannot ‘access the resource’. There are many marine safety and workplace safety reasons why vessels may not be able to go to sea:

• Vessels may not meet government marine safety regulations and authorities stop vessels for going to sea;
• Skippers and crew may not be properly qualified to work your vessel;
• Workplace health and safety arrangements are inadequate and authorities have shut down your fishing operation.

This section of the WAFIC website is designed to direct you to:

• Assist you to develop a safe system of work on your vessel;
• The current government regulations for marine safety;
• The current government regulations for workplace safety (Note: Workplace safety comes under separate legislation to marine safety in WA – see below);
• Important matters on upcoming changes to safety and training that may impact your fishing or aquaculture business;
• Latest news in safety and training affecting the fishing and aquaculture industry.

Marine Safety – relates to vessel construction, vessel survey specifications, skippers tickets, engineers tickets, life-saving equipment, radios, navigation, safety management systems, vessel operating limitations and emergency procedures.

For more information go to: Australian Maritime Safety Authority (AMSA) 

AMSA Connect                    1800 627 484 – Monday to Friday 8am to 5pm (across Australia)
AMSA website                      amsa.gov.au/transition-national-system-domestic-commercial-vessel
Email                                       [email protected]
Follow us                                Facebook.com/AustralianMaritimeSafetyAuthority

Workplace Safety – relates to how the owner, skipper and crew of any vessel manage health and safety in the workplace including safety management systems, training, on-board safety drills and emergency procedures. (Note: A fishing vessel is regarded as a ‘workplace’)

For more information go to: Worksafe WA – http://www.commerce.wa.gov.au/worksafe

Photo: Corrina Ridgway

The cost of safety and training can represent a significant investment for fishing or aquaculture operations but failure to plan ahead and manage safety-at-sea can have an even greater impact on your crew’s well-being or even their life.

It is important that the commercial fishing and aquaculture industry understands:

• how to access information on the marine safety and workplace safety rules relevant to an individual or a vessel;
• how industry can provide input to make sure the rules, and any proposed changes, are practical to implement; and,
• the processes used by government to introduce or change the marine and workplace safety rules.

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Are you Doing Everything to Make Sure You and Your Crew Come Home?

 If you are reading this you are probably an owner, skipper or deckie on a fishing vessel or you have a partner, child or grandchild working on a fishing vessel. Fishing is the last of the ‘hunter-gatherer’ industries, man vs the sea, long traditions and embedded culture.

But ask yourself – are you doing everything in your power to make sure you and your crew come home?

Watch this video before reading on: https://vimeo.com/264380465

Rules and regulations set minimum standards but only the people who own, skipper and work on a fishing vessel can make sure everything has been done to be safe while at sea.

Do you think that your mates on-board the vessel with you know how to save you in an emergency? What happens if they don’t?

Ask your self these simple questions.

• Does your vessel have a documented safety management system (SMS)?
• Have you trained your crew in how that SMS works on your vessel?
• Does your vessel practice emergency procedures on a regular basis, especially when a new crew member joins the vessel? Does everyone on board know exactly what to do if a man goes overboard or there is a fire or the vessel starts to sink or a hand goes into a winch or net drum? Do you know what to do?
• Do you have a problem wearing a personal flotation device (PFD) while working? If so, ask yourself why is this a problem – then ask yourself if it would be a bigger problem being tossed overboard without a PFD (fitted with a strobe light and a personal EPIRB) in the middle of the night or in rough weather conditions?

Ask your loved ones if they think it is a problem with you wearing a PFD while at sea or whether they think that it is a waste of time doing regular training drills in emergency procedures?

Now go back and watch the video again and listen to the crab fishermen who after 25 years fishing still ran into a dangerous situation he never expected. Are you like him and think you’ve got it all under control – then ask yourself if you really do have it all under control?

The AMSA and Worksafe authorities will be visiting every vessel in WA in the near future and they will be asking you how your vessel is dealing with all the basic safety things raised in the questions above. Where a deficiency exists the owner may be asked to show cause as to why their vessel should not be prohibited from going to sea until the deficiencies are rectified.

Why not get on the front foot, develop your safe system of working on your vessel, train your crew in how to work safely on your vessel, regularly practice emergency procedures while at sea and encourage your crew to wear personal safety equipment when appropriate.

Keep asking yourself the question – Am I doing everything to make sure my crew and I come home?

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Safety Checklist

1. Develop a Safety Management System for your Vessel

Safety Management Systems (SMS) ensure commercial vessels are maintained and operated safely.

If you own or operate a commercial fishing vessel (including those under the AMSA ‘grandfathered’ arrangements) you are required by law to implement and maintain an SMS for your specific vessel. This includes vessels that are exempt from needing a certificate of operation.

For more information: https://www.amsa.gov.au/vessels-operators/domestic-commercial-vessels/safety-management-systems

2. Carryout Regular Emergency Procedures Drills with your Crew

Your Safety Management System (SMS) should describe how to manage all these emergency situations BUT you must practice the emergency procedures to help train you and your crew to become ‘drilled’ in what to do if a real emergency arises.

Don’t leave things to chance. Practice every three months or whenever a new crew member comes aboard. Log these practice sessions in your vessel log.

3. Electrical Safety – Install Residual Currency Devices

The State’s energy safety regulator is urging business owners to do a simple check of their residual current devices (RCDs) – the compulsory life-saving switches that protect against electrocution.

4. Cyclone contingency plans must be in place

Business owners and operators must ensure that contingency plans have been established and are in operation for cyclones.

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Make sure you Chat with your Crew About Safety – It’s Law!

 Having conversations with your crew lets you gain first-hand knowledge and experience that will help build a healthy and safe workplace on your vessel.

Your crew will be much more engaged in the process if they understand the safety objectives and their ability to have input and their role in achieving these objectives.  This makes everyone safer and can also foster trust in management and lead to improved productivity.

Consulting with workers and their representatives on health and safety matters is also a legal requirement under work health and safety laws. Given the importance of consultation in contributing to work health and safety, the Work Health and Safety Act 2020 (WHS Act) prescribes a general duty on PCBUs to consult.

Consultation can occur in different ways depending on what suits your workplace and your workers. The best way to consult with your workers will depend on:

• the size of the business and how it is structured – a single vessel or fleet operation
• the way work is arranged and where your workers are located – home port each day or away in remote areas for multiple days
• what best suits your workers – ask how they would like to be consulted
• the complexity, frequency and urgency of the issues that require consultation.

Consultation is a collaborative process between the vessel owner or person conducting a business and undertaking (PCBU) and the master and crew. It involves allowing crew to raise issues, sharing information about work health and safety and ensuring that views of workers are considered when making decisions about health and safety for the vessel.

More info: https://www.worksafe.wa.gov.au/consultation-and-worker-representation

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Inductions for Crew a Must Under New Worksafe (WA) Regulations

Inductions (training) are an important information sharing session that helps to familiarise people with the locations, equipment, materials, processes and tasks they may encounter while working on a fishing vessel or aquaculture site for the first time.

To achieve the best results, inductions need to be tailored and targeted. They should accommodate all workers involved (i.e. employees, contractors, trainees).

The topics covered typically include:

• hazards and associated risks
• safe work procedures and practices
• communication protocols
• emergency procedures
• workplace facilities.

Workers may require a refresher if:

• they have been absent for some time
• there have been site changes (e.g. modified traffic system)
• the work environment is different to that normally encountered (e.g. switching to night shift for first time).

Site inductions should ensure workers receive appropriate safety information and, before commencing work, can recognise the hazards on site that can harm them. Workers should also understand the control measures in place to protect them from those hazards.

All site inductions should contain an assessment to ensure the required knowledge has been retained by the worker. It is important to review the site’s induction regularly to determine if the content is still relevant.

Site inductions should comprise a formal program that provides workers with an understanding of:

• site layout including emergency muster points
• emergency contact numbers and emergency procedures
• the duty-of-care obligations of the owner, master and workers
• common hazards and risks on the site and their control measures
• basic risk management principles and tools used on site
• reporting processes including hazards, incidents, injuries and faults
• the standard of behaviour expected of workers
• communication and reporting procedures
• the roles and function of health and safety representatives and the health and safety committee.

Area-specific inductions are conducted to inform the worker of specific hazards they may encounter in their work area, and the controls that should be in place before starting tasks.

Items to cover in an area-specific induction can include:

• layout of fishing vessel or aquaculture site (including plant)
• emergency muster points and evacuation procedures
• personal protective equipment and facilities
• first aid facilities
• firefighting equipment for the area
• area hazards and controls.

Visitor inductions are conducted to inform visitors about what is expected of them while on site. The induction may include limitations and the rules for tasks being performed, and requirements for a site escort.

Visitor inductions should also describe the procedure in the event of an emergency and the location of emergency muster points.

Checklist for new workers https://www.commerce.wa.gov.au/publications/checklist-new-and-young-workers

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Steve Whitesmith is the AMSA Liaison Officer covering the Western Australia and has built a strong rapport with industry through his regular visits to regional ports and his personal approach to inquiries.

Steve has many years experience within industry as Liaison Officer in Northern Territory.

All enquiries should be directed to Steve at 0408 976 282 / [email protected]

AMSA Guidance materials

AMSA provides a range of guidance notes, advisory sheets, fact sheets and the myriad forms required to apply for various activities or services. Click Here

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Latest Safety News

Help Shape Fire Safety Standards for Domestic Commercial Vessels

AMSA is seeking feedback on the proposed changes to the National Standard for Commercial Vessels (NSCV) Part C4 – Fire Safety to help ensure the proposed changes are clear, practical, and fit for purpose.

These updates address safety concerns, including inconsistencies in current fire safety requirements and lithium battery risks.

The proposed changes aim to strengthen, modernise, and clarify fire safety requirements so domestic commercial vessels, and the people who operate them, are better protected.

Key Proposed changes:

1. Lithium-ion battery installations

• Add a new chapter to introduce fire safety requirements for electrical energy storage (EES) spaces for lithium battery installations

2. Categorisation of spaces

• Add a new “medium machinery space” category for machinery spaces over 10 m³ that fall below the “machinery space” thresholds
• Define fire risk categories for spaces containing portable equipment utilising lithium-ion batteries and powered by petrol engines

3. Smoke detectors, alarms and fire extinguishers

• Require interconnected photoelectric smoke alarms in accommodation spaces, stairways, corridors and escape routes on certain vessels
• Provide suitable fire extinguisher alternatives to 30B foam and 12 kg dry powder extinguishers

4. Fire resisting divisions, deck finish materials and wood-fire heaters

• Updates to fire resisting division requirements including definitions, termination height above keel, and requirements for fuel tank boundaries in high-risk spaces
• Specify fire performance benchmarks for deck finishes, linings, ceilings, and doors
• Clarification of treatment of wood fire heaters

5. Dangerous goods

• Resolve outdated National Occupational Health and Safety Commission (NOHSC) references and clarify fuel carriage for tenders and vessel use

6. Administrative updates

• Editorial changes to make sure the standard is accurate and current, including removing outdated references

Find out more about the proposed changes and have your say https://www.amsa.gov.au/proposed-changes-fire-safety-standards-domestic-commercial-vessels-nscv-c4?utm_source=Swift&utm_medium=email&utm_campaign=NSCV_C4

The consultation is open until closes on 6 February 2026.

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Your float-free EPIRB could save lives – but only if it works when it matters most.

Float-free EPIRBs are water-activated distress beacons fitted in a float-free bracket. They are designed to activate when a vessel capsizes to a depth of 1–4 metres. They use a hydrostatic release unit (HRU) which opens when submerged. The EPIRB floats to the surface of the water and transmits a distress signal.

Regularly check your HRU and EPIRB battery to ensure your float-free EPIRB will activate properly in an emergency and stays compliant with safety regulations.

• Check the EPIRB battery: Ensure it’s in date and functional. An EPIRB battery has a fixed lifetime and should be regularly checked to ensure it transmits properly in an emergency situation. Generally, a battery will last from 5-10 years.
• Replace the HRU: Every 2 years (or as per manufacturer’s instructions).
• Failure to replace the HRU and release rod after two years may result in the EPIRB not deploying correctly in an emergency. Each brand of float-free EPIRB has a specific EPIRB HRU model and replacement kit approved for installation, refer to the manufacturer instructions.
• A liferaft HRU or reusable HRU are not approved to be installed in a float free EPIRB.
• Once a float-free EPIRB has been activated, the release rod is cut in half in order to release the EPIRB to float free. It is important to ensure you replace the HRU and release rods after it has been used.

For detailed information go to: Float-free EPIRBs – Beacons

All Australian EPIRBs must be registered with AMSA. Registration is valid for two years after date of issue and must be renewed before its expiry date. Read more about why it is important to register your beacon.

Don’t wait until it’s too late – inspect your float-free EPIRB today.

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Have You Got the Right Safety Equipment On-Board?

Having the right safety equipment on board gives you and your crew the best chance of survival if something goes wrong.

Before heading out, check that you have everything you need on your vessel, that it’s easily accessible, and has been well maintained.   

The safety equipment you need depends on your class of vessel, and how you operate.

AMSA provides safety equipment lists for:

• Class 1, 2 and 3 surveyed vessels
• Non-survey vessels
• Non-survey fishing vessels operating in warm waters and within 2 nautical miles of land
• Non-survey beach fishery vessels operating anywhere in Australia
• Tenders.

Go AMSA safety equipment lists: Your safety equipment | Australian Maritime Safety Authority

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Marine incident reporting is a shared responsibility between vessel owners, operators and crew.

Marine incident reporting plays a vital role in providing information to make all vessels safer places.

Reporting is essential to maritime safety as it helps paint a more informed picture of the risks affecting the industry. By reporting, you assist to develop more effective safety strategies and advice for regulators, owners, operators, and crew to avoid similar events in the future.

By sharing incident details, you help everyone to:

• respond quickly and efficiently to incidents when they happen
• understand the risks affecting vessel operations
• build a reliable safety database to inform better safety guidance materials.

Every report matters. Not just serious injuries or accidents but near misses as well.

Even if in doubt, report it.

Your experiences help shape safer practices across the industry. Together, we can strengthen safety culture and prevent future incidents.
Learn more about what to report and how to do so. Your time and effort make a real difference and can save lives.

Order your sticker 

To assist owners and operators, a new sticker is available to display on your vessel to encourage reporting and increase awareness about the importance of incident reporting.

You can order a free ‘Don’t ignore it, report it’ sticker for your vessel using this order form.

AMSA also distributes regular newsletters and alerts that address safety issues related to the outcomes of incident reports. Subscribe now to access these publications.

• Maritime safety awareness bulletin
• Safety alerts

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Bureau of Meteorology Proposed Changes to Issue of Weather Forecasts.

The Bureau of Meteorology is proposing to change how often they issue routine weather forecasts from September 2025.

What are the changes?

• Increasing the number of routine public weather forecast issuances from current advice 2 x daily out to 4 x times daily
• Issuing routine public weather forecasts nationally at the same time – forecasts will be issued at UTC (Coordinated Universal Time) times nationwide instead of being staggered across Australian time zones based on local times.

These changes will ensure that the Bureau’s latest forecasts are informed by the most recent numerical weather predictions and observations in each state and territory.

These changes will enable the community, industry, and emergency services to make more timely and informed decisions. The additional updates will better align the current day’s forecast with actual conditions. Synchronizing issue times across states and territories will provide a consistent national forecast product for customers looking at forecasts across multiple jurisdictions.

The Bureau understands that forecast issue times have remained unchanged for a long period.

They are asking for advice of any potential impacts these changes may have on your operation.

While some states and territories will receive updates earlier, no area will receive updates later than the current issue times.

Which forecasts would change?

• Text forecasts:
• These products are currently issued approximately every 12 hours, at 5:00 am and 4:00 pm local time.
• Under the planned changes, they would be issued around 17:00 UTC and 05:00 UTC – which is approximately 3:00 am and 3:00 pm AEST, or 1:00 am and 1:00 pm AWST.
• There will be additional updates at 11:00 UTC and 23:00 UTC.
• Products affected are:
  • Land-based forecasts including district, town, city, state & territory, and precis forecasts
  • Coastal waters and local waters forecasts, and marine wind warning summaries
• Australian Digital Forecast Database (ADFD) forecasts:
  • ADFD grids are currently routinely issued 2 x daily.
  • Routine updates would be increased to 4 x daily: 17:00 UTC, 23:00 UTC, 05:00 UTC and 11:00 UTC for all states and territories.

What wouldn’t change?

• The format, content, product codes, and the delivery channels we use to deliver routine weather forecast products
• Issue times and update frequency for fire weather forecasts, fire danger ratings, fire weather warnings, preliminary fire weather forecasts, and fire weather gridded products
• Issue times and update frequency for warnings other than coastal waters wind warnings (which are issued at routine times)

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New AMSA Online Portal for Applications for Near Coastal Tickets.

The Australian Maritime Safety Authority (AMSA) has extended an early invitation to WAFIC members to use myAMSA – the new online application portal for Near Coastal certificates of competency.

You can access myAMSA via this link from midday on Wednesday, 25^th June 2025 at which point it will be live on AMSA’s website.

AMSA has been developing this online application portal for Near Coastal certificates of competency with the goal of saving seafarers time by enabling seafarers to apply online for their tickets – instead of having to travel to an Australia Post outlet to apply in person.

myAMSA uses the Australian Government’s Digital Identity verification app, myID, to allow seafarers to securely log into their myAMSA account. If seafarers don’t have a myID app, they can go to the myID website to get set-up. It’s quick and easy.

While myAMSA is currently a beta (test) product, all transactions in the portal are legitimate. All applications received through myAMSA (beta) will be processed. If approved, a Near Coastal certificate of competency will be issued in the mail.

As a beta product, AMSA is eager to hear what Near Coastal seafarers think of myAMSA.

Eligibility:

• Seafarers need to be ready with all their documentation to submit a Near Coastal certificate of competency application through myAMSA beta from Wednesday 25^th
• They’ll also need a myID which is the Australian Government’s Digital Identity app that will securely verify their identity upon logging them into myAMSA for the first time.
• If they are an existing seafarer with an AMSA record, they’ll also need their AMSA ID on hand (displayed on the back of a certificate of competency card).

Feedback is crucial to refining the portal, and the experience of Near Coastal seafarers will help shape future updates and improvements to myAMSA which will be fully released later this year.

Contact for feedback: Chris Battel, AMSA on [email protected]

For further information go to: myAMSA help and feedback | Australian Maritime Safety Authority

Read more about myAMSA beta on AMSA’s website.

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AMSA Marine Incident Annual Report (2024)

AMSA has released the 2024 Marine Incident Annual Report, which provides a detailed analysis of marine incidents reported throughout 2024, alongside five-year trends from 2020 to 2024.

Each year, vessel owners, operators and crew report marine incidents to AMSA and are analysed to understand the safety risks affecting domestic commercial vessels (DCVs), regulated Australian vessels (RAVs) and foreign-flagged vessels operating in Australian waters.

These insights, together with inspection outcomes and investigation data will guide the focus on compliance activities and safety improvements over the coming year.

In 2024, AMSA also received 394 reports of marine safety concern – a 7.9% decrease compared to 2023. These reports are vital to understanding and addressing the factors that can impact the safety of vessels and those onboard.

• 5,625 marine incidents reported (up 2.8% from 2023).
• 5 fatalities were reported across all vessel types Larger DCVs (12m and over) made up nearly 70% of marine incident reports, despite comprising only 20.6% of the DCV fleet.
• Bulk carriers accounted for the most marine incidents among foreign-flagged vessels.
• Over 500 reported injuries – 157 of these serious.
• Most serious crew injuries were linked to navigation incidents (DCVs) or maintenance and cargo handling (RAVs/foreign-flagged vessels).
• Collisions, groundings, and propulsion or system failures were the most common marine incident types with engineering system failures rising across all vessel types.
• Person overboard incidents on DCVs dropped by 12.9%.
• Common contributing factors included poor lookout, equipment failures, and gaps in risk assessments or risk management procedures.

AMSA encourages all operators and stakeholders to continue reporting marine incidents and safety concerns, as this information helps build a safer maritime industry.

The findings from this year’s report informed the development of AMSA’s 2025–26 National Compliance Plan, which targets safety improvement activities across the industry.

Go to: Marine incident annual report 2024 | Australian Maritime Safety Authority

Reporting and incident: Marine incident reporting | Australian Maritime Safety Authority

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New Worksafe WA Diving Webpage and Checklist Published

Businesses carrying out diving operations must comply with the listed duties contained within the new Work Health and Safety Act 2020 and Work Health and Safety (General) Regulations 2022.

Owners, directors, managers and divers must ensure:

• the fitness and competence of persons who carry out diving work;
• the health and safety of persons who carry out diving work; and,
• the health and safety of other persons at workplaces where diving work is carried out.

Since the release of the new WA work health and safety regulations in March 2022, Worksafe has been developing general guidance material for those carrying out diving operations.

WAFIC has assisted the dive sectors involved with the fishing and aquaculture industry to consult with Worksafe on the drafting of these materials.

Worksafe WA published a new ‘general diving webpage’ and ‘checklist’ in June 2025.

Go to: https://www.worksafe.wa.gov.au/general-diving-work/general-diving-work

Go to: https://www.worksafe.wa.gov.au/publications/general-diving-work-checklist

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AMSA National Compliance Plan – 2025-26

Every year AMSA undertakes a range of compliance activities with focus areas informed by the analysis of marine incidents, inspections, deficiency data and subject matter expert input, to address emerging risks to personnel and vessels safety and the environment.

The 2025-26 National Compliance Plan is currently being finalised and will outline AMSA’s intended compliance focus areas for the next financial year.

This gives stakeholders insight into the compliance areas AMSA will focus their efforts.

Key areas of interest in 25/26 will be:

• Safety management system implementation – especially onboard inductions and emergency drills training
• Safe vessel operations, with continued focus on MO504 phase 2 implementation – focus will be education not enforcement.
• Lithium ion-battery installations as a fire/explosion hazard.
• Hazardous gases national safety campaign – education and focused inspections.
• Person overboard safety education.
• Joint inspections with Workplace Health and Safety jurisdictions – developing approaches.
• The 2025-26 National Compliance Plan is planned to be published on the AMSA website in July 2025 with communications planned to support stakeholder awareness.

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Federal Government to Consult on Findings of Independent Reviews of AMSA

The Albanese government advised in November 2025 that they have now considered the findings from the two (2) independent reviews of AMSA carried out in 2021 and 2023 respectively.

Post the May 2025 federal election, Seafood Industry Australia met with the Department of Infrastructure and Transport and was informed that the review findings were under consideration by the Minister. However, the renewable energy transition and Maritime Emissions Reduction National Action Plan (MERNAP) took priority on the Albanese Government agenda at the time.

The government now advises it will be releasing their responses to the report findings and recommendations for public consultation in 2026.

The first independent review commenced in 2021 into whether the AMSA legislation is fit-for-purpose and was completed and submitted to the Minister in September 2023.

A second independent review into the financial sustainability of safety agencies, including AMSA, was completed and submitted to government in November 2023.

These reviews deal with many issues including the policies supporting ‘grandfathered vessels’ and the future of ‘cost recovery’ of AMSA services.

The major issue of interest to the commercial fishing industry was the ‘grandfathering provisions’ applying to vessels constructed prior to July 2013. The Independent Review panel findings and recommendations were:

Finding 3: The current grandfathering arrangements and how the transitional standards framework is perceived to operate, act as a disincentive to safety improvements.

 Recommendation 2: Safety improvements should be introduced to the current grandfathering arrangements in accordance with a phased risk-based program.

•  DCVs that would be required to be surveyed under the risk-based regulatory regime proposed under Recommendation 1, and that are subject to grandfathered survey requirements, should undergo survey inspection to assess gaps and requirements to minimum design and construction standards and comply with baseline requirements for stability, fire safety and electrical safety.
• These inspections should occur over a two-to-five-year period, with higher risk vessels/operations given greater priority for early inspection
•  Owners should be required to rectify inspection findings within two years of inspection, except where the vessel poses a major and imminent safety risk.
• ‘Survey type’ vessels that operate to grandfathered design and construction standards and that are within survey, should continue to meet the standard that applied to the vessel as at 30 June 2013 subject to also complying with baseline requirements for stability, fire safety and electrical safety.
•  Grandfathered crewing arrangements should be allowed to continue, subject to the vessel not changing its area of operation, nature of operation or being modified. AMSA should develop an evidence base on the incidence of serious injuries and fatalities associated with these arrangements, and it should draw any new evidence to the attention of the Australian Government.
•  Grandfathered Certificates of Competency should be improved by:
• Requiring the registration of Perpetual Certificates with AMSA. Upon registration, these certifications should be recognized by AMSA and reissued subject to Certificate holders being assessed against contemporary health and fitness standards and
• Providing logbook evidence of a minimum number of hours applied each year. The minimum number of hours should be determined by AMSA in consultation with industry.
• The Australian Government should consider establishing a Safety Improvements Package with a suite of time limited incentives to assist with inspections and attaining appropriate standards, from a sustainable funding source.
•  The Australian Government could consider funding arrangements from a sustainable funding source to assist state and territory governments to manage higher numbers of abandoned or derelict vessels due to changes in grandfathering, if this issue arises.

In July 2013 Mr Albanese (as federal Transport minister) and State Transport Ministers committed to introducing the ‘grandfathering provisions’ when transitioning maritime safety management responsibility from the states to a national system (under AMSA).

This decision recognised that many in the Australian commercial vessel fleet (including fishing vessels) were operating quite safely under their existing vessel standards, applying existing management systems and within their existing area of operation and thus should not be forced into major cost imposts to meet the various new vessel standards across jurisdictions for no measurable change in safety benefit.

At the time, June 2013, the Commonwealth and State governments agreed these arrangements should continue unless incident evidence and data dictated the need to adopt an alternative approach.

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How does ‘Grandfathering’ Work for your Vessel?

AMSA released a Fact Sheet to guide vessel owners on the survey arrangements for vessels that have received ‘grandfather’ status from the time the National Marine Safety System was introduced in 2013. Click Here

Grandfathering arrangements allow existing vessels to continue operating under the survey requirements that existed before the introduction of the National System ONLY WHERE the vessel has not been significantly modified or stability affected by equipment additions.

If this is the case the standards that applied to the vessel when the WA Certificate of Survey (CoS) was last issued prior to 2013 will continue to apply. The vessel owner does not have to upgrade the vessel or its equipment to meet the ‘new National System standards’ and the vessel is able to continue being surveyed in accordance with the survey requirements that applied under the WA Certificate of Survey.

If a ‘grandfathered’ vessel is due for a new CoS issued under the new national Marine Safety System he owner will need to contact an accredited marine surveyor to assess whether the vessel still meets the requirements that applied to it before 1 July 2013.

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Changes to Safety Management System Requirements – Commence 1^st June 2025

AMSA Marine Order 504 contains all the regulatory requirements for commercial vessel operational requirements for marine safety including safety management systems (SMS).

In 2024, Marine Order 504 underwent a public review process aimed at improving the safety outcomes of the SMS requirements and making them easier to understand, fit for purpose and practical for the diverse range of commercial vessels across Australia.

These changes come into effect on 1^st June 2025.

 In-depth information, guidance and resources to help navigate and apply the following changes is available on the AMSA website at: https://www.amsa.gov.au/changes-safety-management-system-requirements-1-june-2025

 The key changes to be introduced include:

• Introduction of a Simplified SMS — Owners of some vessels less than 7.5 metres will be eligible for a simplified SMS. Use the AMSA online simplified SMS tool to find out if the simplified SMS applies to you.
• Fatigue management — Vessel owners will need to identify and address the risk of master and crew fatigue in the vessel’s safety management system. This does not apply to Class 4 vessels (see articles on page 3 & 4)
• Drug and alcohol policy — Vessel owners will need to have a drug and alcohol policy in the vessel’s SMS to manage the risks associated with drug and alcohol use. (see articles on page 4 & 5)
• Key operational procedures to be covered in SMS — Class 1, 2 and 3 vessel owners will need to have procedures covering the key vessel operations in their SMS, if relevant.
• Vessel emergency plans — Loss of propulsion and oil or fuel spills will need to be covered in the vessel’s emergency plan, if relevant.
• Master and designated person responsibility statement — The master’s responsibility and authority statement has been clarified to better outline their authority and there is now a requirement to set out a designated person’s responsibility statement. Different rules may apply to vessels eligible to operate under a simplified SMS in certain circumstances.
• Assembly station requirements — Alternative assembly stations will only be required if reasonably practicable based on the vessel’s layout, characteristics and risk assessment. Different rules may apply to vessels eligible to operate under a simplified SMS.
• Record of vessel modifications — Vessel owners will need to identify risks to vessel stability in the vessel’s risk assessment and will need to maintain a record of vessel modifications impacting stability. This does not apply to Class 4 vessels and different rules may apply to vessels eligible to operate under a simplified SMS.

A range of guidance, tools and other resources are available to help implement the changes:

• Online simplified SMS tool — use this simplified SMS tool to check if you are eligible for the simplified SMS.
• Simplified SMS flowchart — download our printable flowchart to determine your eligibility for the simplified SMS.
• Guidance for developing:
  • Fatigue risk management plan
  • Drug and alcohol policy
  • Stability risk assessment and recording vessel modifications.

Go to: https://www.amsa.gov.au/changes-safety-management-system-requirements-1-june-2025

AMSA Vessel Fatigue Management Webinar Available Online – You can watch the 30 minute webinar held in February 2025 at: https://www.youtube.com/watch?v=DeDZQDevo4M

What should people do to prepare? 

Stakeholders should take the time to understand the changes and use the guidance and tools provided to prepare.

They can start updating their SMSs to include new requirements for fatigue, drug and alcohol policies, dangerous goods, and emergency plans now.

NOTE: See more articles below to assist with guidance on the new rules.

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New AMSA Rules to Simplify SMS Requirements – Watch Webinar!

AMSA has simplified safety management system (SMS) requirements for smaller, less complex DCVs and operations to:

• uphold or improve safety outcomes
• align better with operational needs
• reduce administrative burden.

 Note: If you are eligible for simplified SMS and you already have a full SMS, you can choose to change to simplified SMS or keep your full SMS.

 Watch information webinar at:

https://email.amsa.gov.au/pub/pubType/EO/pubID/zzzz67da3179c8617110/?vid=t-8Fg8B7v_I

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Safety Management System – You Must Have One – By Law!

1. AMSA Marine Order 504 requires all domestic commercial vessels must have a safety management system (SMS).
2. Worksafe (WA) legislation requires all domestic commercial vessels must have a safety management system (SMS).

An SMS will demonstrate and document how you have prepared your vessel and crew to meet the ‘mandatory’ general safety duties contained in both sets of legislation.

Your vessel’s SMS should be based on a risk assessment of your operations. It should describe how safety, maintenance and operation is managed on your vessel.

A safety management system is not just a document – you must put it into practice, Train your employees, do practical emergency drills and document that you have done so.

The owner, operator, master, and crew of each vessel must be involved in developing and reviewing the risk assessment.

AMSA has a range of tools and resources to help you develop and assess the health of your safety management system (clicks links underlined):

• Guidelines for a safety management system – this guide provides information, checklists and templates that can guide you through developing or revising your own SMS.
• How to develop a safety management system – an online step by step guide through the process of developing your SMS.
• Templates for a safety management system – useful templates are available for you to download.
• Risk management in the national system – a practical guide on identifying hazards, conducting a risk assessment, implementing control measures and reviewing risks as part of your safety management system.
• Emergency procedures flipchart – ideas for developing and writing emergency procedures.
• Crewing guidelines – appropriate crewing must be determined by the owner as a part of their general safety duties and should be documented as a part of the vessels SMS.
• Fishing for safety video – watch this 16 minute video for easy to understand steps, real-world stories and experiences of why an effective SMS is essential.
• Planned maintenance – learn about the importance of maintenance plans and what to include in yours.

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 Vessel Fatigue Management – AMSA Webinar Available Online

 A survey of more than 1,000 crew working across a wide range of commercial vessels in Australia found a concerning knowledge gap when it came to identifying and managing fatigue.

Of the 1,000 survey participants:

• One in three began work on a vessel already in a fatigued state
• 40% had less than six hours of sleep in any given 24-hour period
• Survey participants struggled to identify lesser-known behavioural signs of fatigue like slurred speech and risk taking
• 50% had not received any fatigue management training or guidance

This led to recent changes to AMSA regulations placing far greater emphasis on vessels having a management plan for the fatigue of their crew. These changes have been set out in Marine Order 505 and to assist with understanding the requirements for managing fatigue AMSA recently held a webinar. You can watch the 30 minute webinar at: https://www.youtube.com/watch?v=DeDZQDevo4M

Educating yourself, your master and crew on the impacts of fatigue, identifying fatigue and how you will manage fatigue on your vessel is of paramount importance. Including your fatigue management approach in your vessel ‘safety management system’ is also required. Make sure you involve your master and crew in this fatigue management system development, trial the planned approach and include crew when reviewing the system.

Particular attention needs to be paid to working at night. See some summaries of incidents due to fatigue at:

• https://www.amsa.gov.au/vessels-operators/incident-reporting/safety-lessons-marine-incident-investigation-amsa-report-no29
• https://www.amsa.gov.au/vessels-operators/incident-reporting/safety-lessons-marine-incident-investigation-amsa-report-no8

For other assistance and guides go to: https://www.amsa.gov.au/smschanges

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Fatigue Management – Its More Than Feeling Tired and Drowsy.

In a work context, fatigue is a state of mental and/or physical exhaustion which reduces a person’s ability to perform work safely and effectively. It can occur because of prolonged mental or physical activity, sleep loss and/or disruption of the internal body clock.

Fatigue can be caused by factors which may be work related, non-work related or a combination of both and can accumulate over time.

Everyone in the workplace has a work health and safety duty and can help to ensure fatigue does not create a risk to health and safety at work.

Fatigue can adversely affect safety at the workplace. Fatigue reduces alertness which may lead to errors and an increase in incidents and injuries, particularly when:

• operating fixed or mobile plant, including driving vehicles
• undertaking critical tasks that require a high level of concentration
• undertaking night or shift work when a person would ordinarily be sleeping.

The longer term health effects of fatigue can include:

• heart disease
• diabetes
• high blood pressure
• gastrointestinal disorders
• lower fertility
• anxiety

SafeWork Australia has created a Guide to provide practical assistance for persons in charge of a business or undertaking on how to manage fatigue to ensure it does not contribute to health and safety risks in the workplace and workplaces covered by most Work Health and Safety Acts.

It is not designed to provide information on managing fatigue in specific industries and does not replace requirements related to fatigue under other laws.

Go to: https://www.safeworkaustralia.gov.au/doc/guide-managing-risk-fatigue-work

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 Drug & Alcohol Policy Required on All Vessels by 1^st June 2025

 From 1 June 2025, all domestic commercial vessel (DCV) operators must have a drug and alcohol policy as part of their safety management system (SMS).

This new requirement, introduced by AMSA, aims to address the safety risks associated with drug and alcohol use in the maritime industry.

What you need to do is ensure all masters, crew, and any special personnel are:

• made aware of your drug and alcohol policy,
• are assessed as fit to undertake their duties,
• are not impaired by drugs or alcohol.

Use the guidance material below to update your SMS to include a drug and alcohol policy. Developing a drug and alcohol policy is essential for compliance and safety.  Make sure all personnel understand their responsibilities before 1 June 2025 to ensure a safe and responsible maritime environment.

View the guidance online: Drug and alcohol policy – Class 1, 2 and 3

Print or download the guidance: How to develop a drug and alcohol policy – Class 1, 2 and 3 vessels PDF251.25 KB

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Everyone Has a Legal Duty of Care relating to Drugs and Alcohol

Everyone in the workplace has work health and safety duties under the Work Health and Safety Act 2020.

A person conducting a business or undertaking (PCBU) has a duty to protect workers from the risks associated with the use of alcohol and drugs.

As a PCBU, you must manage all health and safety risks and this might include setting specific policies for the use of drugs and alcohol.

So far as is reasonably practicable an owner must:

• ensure the health and safety of workers and others at your workplace;
• consult with workers who carry out work for the business or undertaking and who are (or are likely to be) directly affected by a health and safety matter; and,
• consult cooperate and coordinate activities with all other relevant duty holders.

All workers have a legal duty to take reasonable care for their own health and safety and not adversely affect the safety of others.

• Workers must ensure they arrive at work:
• fit and well enough to do their job; and,
• not be under the influence of alcohol or drugs

There are a number of reasons why it is appropriate to develop a workplace policy on alcohol and other drugs:

• A PCBU could be found in breach of the general duty to provide a healthy and safe workplace that is free from hazards if injury or harm is suffered as a result of alcohol or other drug use.
• Having and applying an alcohol and drug policy demonstrates management commitment to a healthy and safe workplace.
• Having a clearly defined policy, with supporting procedures in place, will assist the PCBU to provide a safe workplace and manage drug and alcohol related issues in the workplace.
• The existence of a policy also provides a means of informing employees and other people at the workplace about what behaviour is acceptable in relation to alcohol and other drugs in your workplace.

If a person appears affected or impaired by alcohol or drugs, the PCBU has an obligation to make sure the person or any one else at the workplace is not put at risk.

• If a policy exists for this situation, it should be followed.  In the absence of a policy, the PCBU should determine the most appropriate course of action, which may include making arrangements for the person to get home safely.
• It should not be assumed that any observed impairment is caused by alcohol and/or other drug use. Other impairment factors may include fatigue, medical conditions, chemicals, heat, noise and symptoms of work-related stress.

More information go to: https://www.worksafe.wa.gov.au/duties-relating-drugs-and-alcohol

For info on vaping in the workplace go to: https://www.worksafe.wa.gov.au/vaping

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Medicinal Cannabis – Is it OK in the Workplace?

Drug and alcohol management is an active requirement of any safety management system for a workplace – including a commercial fishing vessel.

The Chamber of Commerce and Industry (WA) provides a useful outline of what is the current law on medicinal cannabis. https://cciwa.com/business-toolbox/employees/managing-medicinal-cannabis-in-the-workplace/

Medicinal cannabis was legalised for prescribed medical uses in 2015 and its rate of use continues to grow. The fastest growth is among 18 to 30 year olds. The split on use is 50-50 for males and females.

But what are the workplace health and safety implications of these new laws?

In addition to the new cannabis laws, businesses, including fishing vessel operations must also factor in their obligations under the Work Health and Safety Act to protect employees against risks or potential risks.

Medicinal cannabis refers to a broad range of pharmaceutical cannabis preparations, including tablets, oils, tinctures, and extracts, which must be prescribed by a doctor to treat medical conditions or side effects of treatment.

The Therapeutic Goods Administration in Australia has approved five categories of medicinal cannabis products, including those with varying percentages of CBD (cannabidiol) and       THC (tetrahydrocannabinol), under a special access scheme.

Depending on the medical condition, a person may be prescribed a CBD, THC or CBD/THC combination medication.

While they are both structurally similar, they have different effects on the brain. THC has a psychoactive effect. THC is responsible for the effects of cannabis that gets people ‘high’ (intoxicating).

CBD is non-intoxicating and may moderate the ‘high’ caused by THC. However, this doesn’t mean that CBD reduces the impairing effects of THC.

Unlike alcohol, it’s not known what dose of THC causes impairment. It’s different between most people.

In WA it is illegal to drive a motor vehicle with any detectable THC in your system.

High-risk workers may require zero tolerance drug testing, including for CBD, due to safety concerns. This may also then extend to staff who make safety decisions such as people working as masters and engineers on your vessel. It may also extend to anyone going to sea on a fishing vessel.

In developing a drug and alcohol policy, employers should consider a consultative approach to managing worker impairment, including providing equal opportunities for all workers regarding prescribed medications.

The latest changes to AMSA regulations (Marine Order 504) are expected to be applied in early 2025 and will require a vessel to have a drug and alcohol policy. The decision on medical marijuana use on your vessel is the responsibility of you and the other persons’ in charge of the fishing business you operate.

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Who is Responsible for Emergency Procedures Planning and Testing Procedures on Your Vessel?

Under WA work health and safety legislation, the person conducting a business or undertaking must ensure that there is an emergency plan in place to protect anyone on the premises in the event of an emergency.

Emergency plans procedures must be developed in consultation with workers – master, crew and shore based support.

In developing a plan, consideration should be given to the range of potential emergencies that could plausibly affect the workplace.

The following is a brief checklist of the requirements for the person who has control of a vessel or control of the access to or egress from a vessel:

• An emergency plan for a vessel should be in your safety management system and include:
  • a risk assessment and development of agreed emergency procedures,
  • testing of the emergency procedures with all crew
  • information, training and instruction to relevant workers in implementing emergency procedures, including use of emergency equipment.
• Procedures to cover locating persons on the vessel during emergency procedures, notifying emergency services, medical treatment and effective communication.
• Ensure emergency procedures are practised on the vessel at reasonable intervals during a season, especially when new crew join the vessel.
• The procedures should allow people to safely move within the vessel and passages for the purposes of movement are always kept free of obstructions.
• Lifejackets are provided, maintained and crew trained in their use.
• Fire extinguishers should be located and distributed in accordance with Australian Standard, AS 2444-2001: Portable fire extinguishers and fire blankets in galleys.
• Training is provided on all emergency procedures and safety equipment to all people who will be required to help manage the emergency – on the vessel and onshore.

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Starlink Does Not Meet National Remote Vessels Communication Laws

 AMSA has advised that ‘Starlink’ does not meet the National Standard for Commercial Vessels (NSCV) communication requirements for vessels operating in remote areas, or beyond VHF Limited Coast Station areas of coverage.

AMSA says satellite GMDSS systems have greater functionality and reliability.

Starlink does not meet the requirements of NSCV Part C7B for GMDSS systems or Satellite Telephones.

There are requirements in Part C7B for mounting, source of charging, lighting & handsfree operation that rely on dash mounted equipment – not mobile phones linked to Wi-Fi.

AMSA will be reviewing NSCV Part C7B as part of the 2025/26 Regulatory Program. During this process the consideration of HF radio alternatives will be considered and consulted on through Technical Advisory Groups and public consultation.

Many in industry have shared positive experiences with Starlink. AMSA acknowledges that developments in this space are ongoing and affirmed that any alternatives to HF radio will continue to be explored through Technical Advisory Groups and broader public consultation.

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 WA Memorial for Lives Lost at Sea

A small group of volunteers wants to highlight the bravery of, and sacrifices made by, WA’s commercial fishing fleet.

The WA Fishers Lost at Sea Memorial Association (FlatSea) has come up with a pretty amazing idea about how to do that. They originally thought about some kind of a statue but it really didn’t feel like it was doing justice to what people went through. (Go to: https://www.flatsea.org/)

So they started investigating some more engaging and interactive options for the memorial and came upon an interesting concept in the Croatian city of Zadar where, when walking along the foreshore you will hear a gentle melody that reminds you of voices carried over water.

The hauntingly beautiful sounds are created by a ‘sea organ’ constructed by the water’s edge with the sounds are generated when the gentle swell pushes air through a series of pipes. It is one of the world’s biggest musical instruments and is a triumph of art and engineering.

FlatSea organisers reckon a ‘sea organ’ would be a perfect tribute to the hundreds of souls who have been lost at sea while pulling pots, lines and nets along the WA coast – a giant, naturally powered musical instrument filling the beachside air with notes from the ocean.

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Worksafe WA to Review Man Overboard Code of Practice

 Worksafe WA has indicated that they will soon commence the formation of a steering committee to review and update the Code of Practice for Man Overboard for the commercial fishing industry under the auspices of the Work Health and Safety Act 2020.

This will also be relevant to the pearling and aquaculture industries.

The existing section 53 Man Overboard CoP was initially developed in 2010. Code of practice – Man overboard: prevention and response.

The Code needs to be reviewed and updated given the introduction of the new WHS legislation in March 2022. The existing Code is a guideline only but can be referred to in court proceedings.

WAFIC has proposed that the review steering committee should include at-sea representatives from each of the sectors – pot/trap, trawl, line, inshore estuary, pearling and aquaculture.

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What Lifejacket is Right for Your Vessel?

 No-one can predict what is going to happen at sea. Lifejackets are one of the most crucial pieces of equipment onboard any vessel.

Do you know what types of lifejackets are available and how they work (self-inflating, manual inflating or foam buoyancy lifejackets)?

Do you know the requirements by law for your vessel? What are the lifejacket requirements for your vessel class and operational area? If you operate in multiple operational areas, did you know you need to carry lifejackets required for your highest category of operation.

Have you done a risk assessment for lifejacket use on your vessel – what type to use, where they are stored, when will they be used. Have you trained your crew on these procedures and how to use a lifejacket. Go to: https://www.amsa.gov.au/lifejacketriskassess

How to maintain your lifejackets (especially re-gassing self-inflating models) and how to store lifejackets (for ease of access)?

AMSA has developed a one-stop shop for all this information on the website.

Go to: https://www.amsa.gov.au/safety-navigation/safety-equipment/what-lifejacket-do-i-need?utm_source=amsa-update&utm_medium=email&utm_campaign=lifejacketsafety

AMSA has worked with commercial fishers operating to develop examples to assist operators to update their risk assessment and develop a lifejacket wear procedure that suits their operation.

These examples have been developed for each specific fishery sectors (eg trawl, pot, net).

The details provided are for general information, and on the understanding that AMSA is not providing specific advice on a particular matter. All risk assessments and lifejacket wear procedures must be tailored to vessels, taking into consideration their specific operation.

To access the examples go to: https://www.amsa.gov.au/vessels-operators/domestic-commercial-vessels/lifejackets-fishing-vessels

Two videos to assist with the messaging to industry have been developed along this theme:

https://www.youtube.com/watch?v=sVx03ZmDTfU

https://www.youtube.com/watch?v=JgwrrKEwqNs

This lifejacket safety campaign is the beginning of a multi-year sustained safety initiative by AMSA to improve attitudes and safety practices around lifejacket wearing on the water.

Further information contact Steve Whitesmith, [email protected], 0408 976 282.

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Seafood Industry Australia – Safety & Wellbeing Committee

The Australian peak seafood industry body, Seafood Industry Australia, has established a national Safety & Wellbeing Committee (SWC) to provide strategic direction and leadership to pursue a safer wild-catch, aquaculture and post-harvest seafood industry.

Several WA industry representatives, including WAFIC, have been appointed to the Safety & Wellbeing Committee together with representatives from the Australian Maritime Safety Authority (AMSA) and the Fisheries Research and Development Corporation (FRDC).

SWC will consider safety, training, wellbeing and workforce issues impacting the Australian seafood industry and advise the SIA board and CEO on appropriate actions.

The SWC is aiming at continuous improvement towards zero fatalities and reduction in workplace safety incidences through continuous cultural improvements in the use of workplace safety management systems, an increase in uptake of workplace safety and training programs and education tools. Importantly SWC will establish broad industry stakeholder engagement and best practice to inform and lead industry input to decision-making at government regulatory level.

The Safety and Wellbeing committee will work towards minimization of harm both physically and psychosocially in the wild-catch, aquaculture and post-harvest sectors. This will be measured through increased roll out and uptake of Sea Safe, ongoing engagement in consultations of any proposed regulatory changes, engaging in discussions around compliance and educational tools for industry support and progressing recommendations where required.

SWC has recognised the complex environment incorporating safety and wellbeing regulation across the seafood industry and aims to disseminate information within existing industry

The SWC will actively develop and make recommendations on commercial impacts for policy developments in terms of safety and wellbeing related to international conventions and domestic Governments.

Contact Jacky Cartwright – [email protected]

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Risk Assessments Critical for Successful Lifejacket Safety Management

AMSA has especially emphasised the need to make sure vessel operators’ carryout a risk assessment to work out when to use lifejackets in their fishing operation.

Risk assessments help identify why, when and where lifejackets need to be worn during vessel operations. The four main issues to consider are:

• Crew tasks and weather conditions will determine an specific operation’s risks.
• Different types of lifejackets may be better suited to different situations (eg .
• If lifejackets are not worn, they should be easy to access when needed.
• The right equipment and training of crew will help retrieve someone who goes overboard.

AMSA has worked with commercial fishers operating to develop examples to assist operators to update their risk assessment and develop a lifejacket wear procedure that suits their operation.

These examples have been developed for each specific fishery sectors (eg trawl, pot, net).

The details provided are for general information, and on the understanding that AMSA is not providing specific advice on a particular matter. All risk assessments and lifejacket wear procedures must be tailored to vessels, taking into consideration their specific operation.

To access the examples go to: https://www.amsa.gov.au/vessels-operators/domestic-commercial-vessels/lifejackets-fishing-vessels

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New WA workers compensation laws may impact fishing crew payment arrangements

The WA Government has amended the Western Australian workers compensation laws effective 1 July 2024.

The rationale was to modernise the laws to provide clarity and certainty for everyone within the workers compensation system – employers, workers and insurers.

Background

Section 17 of the previous Act (Workers’ Compensation and Injury Management Act 1981) exempted crew members working aboard fishing vessels under sharefishing agreements (SFAs) from the operation of the Act, where crew contributed to the cost of working the vessel AND were remunerated by a share in the profits, or gross earnings of the working of the vessel. In this situation, employers were not required to arrange workers compensation insurance.

The sharefishing system for remunerating crew working aboard fishing vessels has been used by many in the fishing industry since 1981.

The exemption according to section 17 of the previous Act had two parts to its operation and you had to have both parts of the equation in place to ‘trigger’ the exemption – (1) contribution to the vessel’s working costs + (2) paid by shares in the profits or gross earnings of the working of the vessel. Not one or the other, but both parts had to be satisfied for the exemption to operate.

Court decisions as to the operation of section 17 of the previous Act also determined that for crew to be found to have contributed to the cost of working the vessel, the crew had to have a liability to pay costs, and not just pay costs because of calculations in working out the share of profits or gross earnings amount.

However, despite the exemption option, many WA vessel owners/employers took the view that they would still prefer the comfort that their crew members had access to the workers compensation system. Thus, they simply amended their SFAs so that the crew would not be required to contribute to the costs of working the vessel, and the exemption according to section 17 of the previous Act was not triggered and/or relied upon.

What has changed?

Under section 13(3) of the new Act (Workers Compensation and Injury Management Act 2023) and regulation 17(2) of the new Regulations (Workers Compensation and Injury Management Regulations 2023), the trigger for the exemption has only one part and crew members working aboard fishing vessels under SFAs are exempted from the operation of the Act simply if remunerated wholly or mainly by way of a share of profits or gross earnings of the working of the vessel.

There is now only one part of the requirements under the previous Act required to trigger the exemption.

The requirement for the crew member to contribute to the costs of working the vessel is no longer required.

Despite the changes, it is still the case that owners/operators of fishing vessels must  be careful to ensure that the terms and definitions of SFAs are clear as to remuneration being by a share of profits, or gross earnings of the working of the vessel, and that this is supported by the vessel records.

What does this mean?

This means that, for those vessels where SFAs are used, any workers compensation policy that owners/employers have taken out in good faith to benefit their crew may not be a required or effective insurance policy to cover an injured crew member with workers compensation benefits or, for hospital or medical expenses, because the exemption is now triggered or satisfied according to the new Act and new Regulations. This applies to policies taken out since 1 July 2024.

For those fishing operations whose crew are engaged under Limited Partnership/Joint Venture Agreements rather than SFAs, there should be no impact.

Similarly, any vessel owner/employer who engage their crew under wages (PAYG) should not be impacted.

Given the potential gravity of this change, WAFIC recommends that anyone engaging crew under SFAs and holding a workers compensation insurance policy effective from 1 July 2024 should contact their insurers, accountants or legal advisors to determine the way moving forward.

WA workers compensation legislation (2023):
WALW – WORKERS COMPENSATION AND INJURY MANAGEMENT ACT 2023 – HOME PAGE (LEGISLATION.WA.GOV.AU)

WALW – WORKERS COMPENSATION AND INJURY MANAGEMENT AMENDMENT REGULATIONS 2024 – HOME PAGE (LEGISLATION.WA.GOV.AU)

Disclaimer: WAFIC assumes no responsibility or liability for any errors or omissions in the content of this information. The information is not and is not intended to be legal or other professional advice and cannot be relied upon as such. The information is provided on an “as is

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What Happens with an AMSA Vessel Inspection?

AMSA Proposes Mandatory Marking of Fishing Gear and Reporting Losses

Australia is a signatory to the IMO Convention for Pollution implements Annex V through the Protection of the Sea (Prevention of Pollution from Ships) Act 1983, the Navigation Act 2012 and Marine Order 95. In addition, most state-territory jurisdictions have given effect to MARPOL Annex V in their legislation.

MARPOL Annex V applies to all vessels and covers all garbage generated during normal operations, such as plastics, fishing gear, food, and cargo residues. Annex V currently prohibits the discharge of plastics from ships into the sea and includes mandatory reporting requirements for lost and discharged fishing gear that pose a significant threat to the marine environment or navigation.

Proposed Changes

The IMO is introducing mandatory marking and reporting of all fishing gear worldwide and is expanding existing reporting requirements for lost and discharged fishing gear.

The IMO will consider the responses from member countries (eg Australia) on the scope of gear and vessels that will be included under the new mandatory marking requirement at a meeting in April 2023.

Consultation Process

AMSA launched consultation on the proposed marking of fishing gear requirements.

For full details: https://www.amsa.gov.au/international-requirements-fishing-gear-marking-and-reporting

WAFIC assisted industry members (state and Commonwealth fishers) to co-ordinate a written response to AMSA: https://www.wafic.org.au/wp-content/uploads/2023/02/WAFIC-Submission-AMSA-Marking-of-Fishing-Gear-January-2023-FINAL.pdf

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Outcomes from Review of AMSA Certificates of Competency (Marine Order 505)

All fishing vessels require masters and engineers to hold tickets (certificates of competency) to meet the type of vessel they are working on. Under the new AMSA legislative framework for these certificates are now found under Marine Order 505 (previously NSCV Part 7).

A review has just been completed to ensure that the tickets are relevant to a wide range of roles and vessel marine operations, while maintaining safety standards. The review was part of the AMSA focus to develop a nationally consistent and simplified qualifications framework.

AMSA has finalised the revised Marine Order 505 and this will into effect on 1 January 2023.

The new marine Order includes all the previous content contained in NSCV Part D and makes no changes to the popular certificates Master 24 NC, Coxswain 1 and 2.

The following key changes have been made to the certificates:

1. Coxswain Grade 3 – is a new near coastal certificate of competency which replaces the current Exemption 38 arrangements;

• The Cox 3 ticket provides basic seamanship knowledge and skills, and it replaces the current Exemption 38 (Low complexity duties) arrangements.
• A Cox 3 holder may operate small domestic commercial vessels in smooth waters or close to shore.
• Cox 3 certificate holders are required to acquire job specific training and skills in accordance with their organisation’s Safety Management Systems (SMS), in addition to meeting the eligibility criteria for the certificate.
• Importantly, a person who meets the eligibility criteria for the Coxswain Grade 3 the person can operate without having to apply for a certificate of competency.
• Once the eligibility criteria have been satisfied, applying for a Coxswain Grade 3 certificate is optional.

2. General Purpose Hand Certificate – is required for deck crew who are under ‘general supervision’. No requirement for a GPH ticket for crew under ‘direct supervision’.

• direct supervision – means that the person being supervised is frequently within sight and hearing of the supervisor. (most fishing vessels)
• general supervision – means that the person being supervised receives instruction and direction on tasks, and recurrent personal contact from the supervisor, but is not frequently attended by the supervisor.

There were also some changes to the sea time requirements, endorsements and restrictions for the certificates of competency.

The standard for the assessment of medical fitness for masters and crew of domestic commercial vessels has been modified under the new Marine Order 505, and a medical certificate is now required for the ‘first issue’ of all certificates of competency, and the validity duration of the certificate varies depending on age.

Finally, the new Marine Order 505 incorporated the provisions for the approval of registered training organisations to conduct mandated practical assessments, and the conditions of the approval, with only minor changes to the previous arrangements.

The full Marine Order 505 and explanatory documents can be found at: https://www.amsa.gov.au/about/regulations-and-standards/new-marine-order-505-certificates-competency-commencing-1-january

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You Must Have Your Vessel’s Stability Documentation – What Happens If NOT!!

From July 2017, marine safety services are to be delivered across the nation by the Australian Maritime Safety Authority (AMSA). The WA Department of Transport DoT(WA) will no longer be conducting vessel surveys.

Under the new national marine safety laws – National Standard for Commercial Vessels (NSCV) – it is a requirement that stability documentation is on-board a vessel.

The stability documentation must reflect the current configuration of the vessel and be consistent with the class and operation of the vessel.

Survey checklists to be used by official vessel surveyors will contain a specific requirement to check if appropriate vessel stability documentation is on-board.

DoT(WA) has identified that there may be issues in the future that where stability data is not available on-board, the accredited marine surveyor may not be in a position to finalise a periodic survey and this may stop a vessel going to sea.

So what to do if you do not have stability documentation on-board your vessel?

• Check your records ashore for the vessel’s stability documentation
• Check with any previous owners to obtain a copy of the stability documentation
• Check with the vessel’s builder/designer for a copy of the stability documentation

If the owner is able to obtain the documentation this way the owner must check that the stability documentation fits the vessel’s current configuration – layout, loading and fishing operations. If the stability documentation is correct the owner must ensure that the documentation is retained on-board.

If you are unable to obtain stability documentation for your vessel, DoT(WA) has agreed to provide vessel owners with stability documentation for their vessel between now and 1^st July 2017. After this date access to vessel files and historical data will not be as easily accessible by authorities. It is important to stress that any information provided by DoT WA would only represent the stability information as of the date of any approval held on file.

It is the responsibility of the owner/operator to ensure that approved stability information is carried on-board and is relevant for the vessel’s configuration.

During annual surveys from now until July 2017, vessels will be checked for current stability documentation. Where no documentation is provided DoT(WA) will offer advice to owners/skippers on how to go about obtaining the required data as follows:

• Owners should contact DoT WA Commercial Vessel Safety Branch for assistance. DoT WA will check the vessel files for any stability documentation.
• If a copy is held on file, which is often the case, DoT WA will advise the owner and:
  • If the documentation is subject to Intellectual Property (IP) restrictions (e.g. the documentation has been produced by an existing shipbuilder, designer or marine consultant) the owner will be advised of the contact details;
  • The vessel owner will need to obtain written confirmation from the IP holder to allow release of the documentation by DoT(WA);
  • Once DoT(WA) receive a release authorisation from the IP holder, an electronic copy of the documentation will be made available to the vessel owner; and
  • If the documentation is not subject to Intellectual Property restrictions an electronic copy of the documentation will be made available to the owner.

DoT(WA) will not charge a fee for the provision of an electronic copy of your vessel’s stability documentation.

There will be cases where DoT WA does not have stability documentation on file, such as in the case of a vessel that has transferred to WA from other States. The vessel owner will need to obtain the required stability documentation from the relevant IP holder or state marine authority.

Where stability documentation for the vessel cannot be acquired at all, or the stability information obtained no longer reflects the vessels current arrangement, layout, loading and operations, the owner will be required to have appropriate stability documentation prepared and approved by an AMSA accredited marine surveyor.

Note: In the past in WA, certain types of Class 3 commercial fishing vessels were exempt from requiring stability documentation. The exemption from having to hold stability documentation for these commercial vessels will continue so long as they still meet the conditions of the exemption.

For further assistance please contact:

Commercial Vessel Safety Branch, Department of Transport (WA), Address: 1 Essex Street, Fremantle, WA, 6160

Tel: 1300 723 226 / (08) 9435 7601  Email: [email protected]

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Focus on the Importance of Marine Incident Reporting  

AMSA will be focusing attention on the importance of marine incident reporting.

Reporting is essential to maritime safety as it helps paint a more informed picture of the risks affecting the industry.

By reporting, you can help us develop more effective safety strategies and advice for owners, operators, and crew to avoid similar occurrences in the future.

Incident reporting is a collective effort by crew, vessel operators and vessel owners to make the industry and vessels safer places to work.

Reporting incidents also helps AMSA to respond quickly and efficiently to an incident when it occurs.

If in doubt, report the incident anyway. Your experiences helps develop improved safety understanding and education.

How to report an incident: https://www.amsa.gov.au/marine-incident-reporting/how-report-incident

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IMPORTANT: New WA Workplace Safety Laws Commence 31^st March 2022

The WA Minister for Industrial Relations announced recently that the new WA Work Health and Safety Act 2020 and Work Health and Safety (General) Regulations 2022 would commence on 31 March 2022. Go to: https://www.dmirs.wa.gov.au/safety-regulation/introduction-whs-laws

Previous editions of the WAFIC Newsletter have extensively outlined the content and impacts on your industry from the introduction of the new WA Work Health & Safety Act and regulations.

The new WHS laws impose a primary duty of care on persons conducting a business or undertaking to reasonably ensure the health and safety of workers.

It is important that vessels owners (including all directors and partners) are actively involved in ensuring safe systems of work are in place on your vessel, crews are trained (especially in emergency procedures) and you can demonstrate regular review of the safety systems, training and having carried out emergency procedure drills.

The new laws include ‘industrial manslaughter’ options that carry a maximum penalty of between 5 and 20 years imprisonment for an individual and a maximum $10 million fine for a body corporate. Other new aspects include increased penalties, prohibiting insurance coverage for WHS penalties and the introduction of enforceable undertakings as an alternative penalty.

Small businesses, including family fishing operations, all company directors and operators could face serious penalties for something they did not deliberately or knowingly intend. Employers and company directors could be jailed and/ or face bankruptcy for an offence that they had not anticipated an accident could occur.

Transitional arrangements to provide sufficient time for duty holders to adapt their safe systems of work have been agreed but only for new laws which did not exist in the old legislation.

The government has taken the view that laws which are the same as those that existed under the old legislation will apply immediately the new Act commences in March 2022.

That means inspectors will be making sure workplaces align with most of the legislation immediately – ie from 31^stMarch 2022.

Worksafe WA has released the following explanatory documents:

1. Overview documentation – the Act and accompanying WHS (General) Regulations.

       Go to: https://www.dmirs.wa.gov.au/safety-regulation/whs-publications-and-resources

2. Legislation Implementation Statement.

       Go to: https://www.wa.gov.au/system/files/2022-03/WHSWA_StatementRegIntent.pdf

3.  Compliance and Enforcement Policy.

       Go to: https://www.wa.gov.au/government/publications/worksafe-prosecution-policy

4. Prosecution Policy.

Go to: https://www.wa.gov.au/government/publications/worksafe-prosecution-policy

These guidance documents provides an overview of the structure of the WHS general regulations and aims to help business owners and operators identify what duties or rights are contained in each Part of the regulations.

A new concept in the legislation is ‘person conducting a business or undertaking (PCBU)’.

A PCBU owes a primary duty of care to workers in a business or undertaking if it:

• engages or causes the engagement of workers to carry out work, or
• directs or influences workers carrying out work

A ‘PCBU’ can include:

– a body corporate (company) including directors and shareholders both individually, and collectively;

– an unincorporated body or association;

– a sole trader or self-employed person;

– individuals who are in a partnership both individually, and collectively.

Importantly all PCBU duty-holders must ensure, so far as is reasonably practicable, that the environment at a workplace is without risks to health and safety.

It requires provision of suitable and adequate information, training, and instruction to workers and imposes duties regarding the general working environment and facilities for workers, first aid, emergency plans, storage of flammable or combustible substances, falling objects and confined, remote or isolated work.

For the full Worksafe overview document go to:https://www.dmirs.wa.gov.au/sites/default/files/atoms/files/overview_general_regulations.pdf

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Why Do You Need to Do Safety Training on a Fishing Vessel?

Recent changes to marine safety and workplace safety rules place a greater focus on owners of fishing vessels to develop safety management plans for the vessel operations.

These new rules also require owners to demonstrate that they have trained their skippers and crew to understand and implement that safety management plan on the fishing vessel.

To learn all about the changes read the other articles on this WAFIC Safety and Training website page.

This page has links below to the two government agencies that cover fishing vessels:

• Marine vessel safety – Australian Maritime Safety Authority
• Workplace safety – Worksafe WA

Under both sets of rules there is a list of actions an owner must do before a vessel goes to sea:

• Ensure vessel meets survey requirements and the skipper has the correct tickets to drive that vessel.
• Go around the vessel and spot all the hazards of the fishing operation (eg. winches, ropes, hooks, netdrums, confined spaces, working heights, man overboard, fire, sinking vessel, poor ocean conditions, knives, coming alongside, refuelling and using chemicals).
• Work out the level of risk associated with each hazard – high, medium or low.
• Work out how best to minimise the risk of that hazard impacting the crew (eg. covers on winches, rope coil bins, harness when working at heights, lifejackets and harness in poor weather, buddy system when entering confined spaces, agreed action plan for man overboard.
• You should document each hazard, the assessed risk level and the process you have developed to manage that hazard. This is your safety management system. For help go to: http://fishsafeaustralia.com.au/sms-templates
• Assess the compliance of your safety management system (plan).

Go to link: http://fishsafeaustralia.com.au/sms-compliance

• Train your crew on how each hazard will be managed – especially emergency procedures for man overboard, fire or abandon ship.
• Carryout regular practice drills during the season on emergency procedures for man overboard, fire or abandon ship.
• Carryout practice drills for emergency procedures as soon as a new crew member joins the vessel (no matter how experienced they might be).
• You should document all training and practice drills and require skippers and crew to sign off that they have completed all the training and practice drills.

What is Safety Training for a Fishing Vessel?

 Training your crew in the safety procedures on your vessel is no different to how you train them to retrieve and set a pot or trap, handle a lobster to maximise quality, prepare the trawl net for fishing or fillet a fish to maximise recovery.

Safety training requires you to work with your crew to help them:

• to understand the fishing operations on your vessel,
• to accept that there are hazards that are around them while working on the boat,
• to acknowledge there is a range of risks in what they are doing at any time, and
• to train (through demonstration and practice) in the way you want them to work in each situation aboard your vessel.

In most cases safety training is common sense and most vessel owners have been doing this training for many crew over many years.

What is important now is for you to take a little more time to formalise your training:

• document what specific approach you have decided upon to manage a hazardous activity (eg. how will crew operate the pot winch)
• document how you are going to train your crew to do that activity safely (demonstrate preferred operation, start with slow winch speed, stop and explain at critical moments to elaborate on important points, oversee practice)
• document when you have trained them and get them to sign off they have done it (enter in vessel log and crew sign as well/provide crew a safety training book)

Formal pre-sea training is also available at Registered Training Organisations (RTOs) such as TAFE or an independent training or work health and safety business. For example:

• Elements of Shipboard Safety
• General Purpose Hand (Deckhand).

Some RTOs may provide vessel specific or group training in regional ports.

Online courses are also available: SeSafe – http://fishsafeaustralia.com.au/safety-training.

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MARINE SAFETY REGULATIONS

National Marine Safety Management  – Australian Marine Safety Authority (AMSA)

From 1^stJuly 2018, the Australian Marine Safety Management Authority (AMSA) tookover sole responsibility for marine management of commercial vessels in Australia, including all fishing vessels.

AMSA has several communications options for vessel owners, skipper or crew.

Access services online – www.amsa.gov.au  has a variety of new features and information. Since July 2018 you can transact online at a time that suits you. Find self-service tools and resources to help keep you up to date with your safety obligations.

Talk to a Person – AMSA Connect (1800 627 484)– operators will be available from
8am to 5pm (Western Standard Time) so you can talk to one of their highly skilled customer service team when you need to. They will answer most of your
questions on the spot or refer you to AMSA’s technical operators for more complex questions.

They will also guide you through application processes, take payments, and book assessments for tickets.

Visit in person – Regional services will be available from one of 19 AMSA offices around Australia. Staff will be on hand to give you technical advice and assist you with your safety management systems. They’ll also conduct higher-level assessments and perform compliance and enforcement activities.

 WA:  Steve Whitesmith (WA Liaison Officer)

Tel 08 9430 2100 / Email: [email protected]  / Mob: 0408 976 282

Level 3, No.3 Cantonment Street, Fremantle WA 6959

 To understand how to access your historical records from the WA Department of Transport (Marine) go to: https://www.amsa.gov.au/vessels-operators/transition-national-system/western-australia-changes-domestic-commercial-vessel

Guidance materials and fact sheets on what you need to do for your vessels CLICK HERE

AMSA is responsible the safety of vessels and the seafarers operating in the domestic commercial industry. State and Territory marine safety agencies act as delegates of AMSA and are responsible for the face-to-face operations of the National System. Click here for more information.

What are the laws governing all Australia commercial fishing vessels? Click here.

AMSA Connect                       1800 627 484 – Monday to Friday 8am to 5pm (across Australia)
AMSA website                        amsa.gov.au/transition-national-system-domestic-commercial-vessel
Email                                       [email protected]
Follow us                                Facebook.com/AustralianMaritimeSafetyAuthority
Subscribe for updates           Subscribe to our mailing list

2. Australian Marine Safety Authority – Communication with Industry

AMSA have several information publications available for industry. For more information.

3. Guidance Notices for Owners and Skippers

AMSA has developed a range of guidance notices for owners and skippers to better understand how to implement the new national maritime safety regulations.

These can be found here

4. Useful Links on AMSA Website

Domestic Commercial Vessel Section – http://www.amsa.gov.au/domestic

Consultation with Industry – http://www.amsa.gov.au/community/consultation

AMSA Twitter – @AMSA_News

AMSA Facebook Page – http://www.facebook.com/AustralianMaritimeSafetyAuthority

5. Useful Contacts at AMSA

AMSA WA Liaison Officer – Steve Whitesmith

Email: [email protected]  Mob: 0408 976 282

AMSA Contact Centre – (02) 6279 5000 (Canberra)

Feedback to AMSA on National System – Email

WORKPLACE SAFETY REGULATIONS

 1. Worksafe WA manages Workplace Safety in WA

WorkSafe is a division of the Department of Commerce and its role is regulation of workplace safety and health in accordance with the Occupational Safety and Health Act 1984 (the OSH Act). The principal objective of OSH laws is to promote and secure the safety and health of people in the workplace. Click here for details.

2. WA Workplace Legislation and Regulations

Workplace safety in WA is regulated by the Occupational Safety and Health Act 1984. Click here.

Please note: A new  Work Health and Safety (WHS) Bill passed the WA Legislative Assembly on November 3, 2020 and will become law once the supporting regulations are finalised in 2021.

3. Man Overboard Code of Practice

The code is a guideline outlining ways in which to address the risks associated with accidental falls from commercial fishing vessels, and covers both the prevention of falls and the emergency responses if a man overboard incident occurs. Details can be found here.

4. Safe Work Australia

The Commonwealth and all State governments have agreed to enter a collaborative and consultative process for developing greater consistency in work health and safety regulations (known as ‘harmonization’). Details here.

SafeWork Australia was established to lead the development of this national policy to improve work health and safety and workers’ compensation arrangements across Australia.

SafeWork Australia has primary responsibility to lead the development of policy and ‘model laws’ to improve work health and safety and workers’ compensation arrangements across Australia.

As a national policy body Safe Work Australia does not regulate work health and safety laws. Individual State governments retain responsibility for regulating and enforcing work health and safety laws in their jurisdiction.