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

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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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

Safety Recall – Lifejackets with Halkey Roberts 3F Single Point Manual Inflators

 The Australian Competition & Consumer Commission (ACCC) has issued a safety recall for certain Life Jacket Solutions (LJS) and Marlin lifejackets fitted with Halkey Roberts 3F Single Point Manual Inflators.

This is due to a safety defect that may prevent proper inflation, posing a drowning risk.

The affected products are:

• Life Jacket Solutions (LJS) – Model numbers: T150M, G150M, B150M, WB100, PR150M, SRSS150.
• Marlin – Model number: MK150.

What you should do:

✔ Check if your lifejacket contains the affected inflator.
✔ Stop using the lifejacket if it is affected.
✔ Return the lifejacket to the place of purchase for a full refund.
✔ Contact your retailer for more information.

Check the grey plastic part of the inflator for the marking “V96000 Halkey Roberts ®” with a manufacture date between 4 June 2021 and 15 April 2024 (laser printed in MM/DD/YY format).

The inflator may incorrectly indicate that the lifejacket is ready for use, even if the gas cylinder is empty, removed, or not properly connected.

This means the lifejacket may fail to inflate when needed creating a life-threatening safety hazard.

 For further details, visit the ACCC website.

Or https://www.amsa.gov.au/news-community/news-and-media-releases/safety-recall-halkey-roberts-3f-single-point-manual

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AMSA Launches Industry Education Campaign Re Changes to Marine Order 504

AMSA launched an education campaign in December 2024 to support industry uptake of new SMS requirements contained in Marine order 504 which come into effect on 1 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.

Webinars will be held In March 2025 on the following topics:

• Changes to safety management system requirements
• Simplified SMS.

Register for the webinars at: https://forms.office.com/Pages/ResponsePage.aspx?id=JbkUfSEpME2PL6ajwSRfbbJGXzkmezlJpzNAFyM1VF5UN1RQTE1QMERRWEVXR0wwNUJEUzVGRk5TTCQlQCN0PWcu

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

Key changes for industry to understand are:

• Introduction of a Simplified SMS — Owners of some vessels under 7.5 metres will be eligible for a simplified SMS. Use our 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 risk assessment. This does not apply to Class 4 vessels.
• 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.
• Cargo and dangerous goods — Vessels undertaking cargo operations, including the carriage of dangerous goods, will need to include a procedure in their SMS outlining how they manage the specific risks.
• Key operational procedures to be covered in every 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 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 currently 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
  • Dangerous goods procedure
  • Stability risk assessment and recording vessel modifications.

Note: Over coming months more resources to help develop and implement a simplified SMS will become available.

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.

However, the simplified SMS and the updated assembly station requirements cannot be implemented early. Those eligible for a simplified SMS must keep following current Marine Order 504 requirements until 1 June 2025.

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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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Federal and WA Governments Establish New Advisory Committees for Families of Injured Workers 

The Federal Government has established the inaugural Family and Injured Workers Advisory Committee, giving bereaved families and seriously injured workers and their families a voice on workplace safety.

The Albanese Government committed funding in the 2024-25 Budget to establish the committee following recommendations from the 2018 Senate Inquiry report ‘They never came home – the framework surrounding the prevention, investigation and prosecution of industrial deaths in Australia’.

There will be six committee members, all with lived experience dealing with serious workplace injuries or fatalities, who will provide advice to the Commonwealth on the needs of people affected by such incidents.

The first committee meeting will take place in March 2025.

The advisory group will advise the Minister and Comcare on the support needs of those affected by a serious workplace incident and help inform on relevant Comcare policies, practices and strategies.

It will provide advice to the regulators such the Australian Maritime Safety Authority on related matters. It is not clear what ‘related matters’ means.

Minister for Employment and Workplace Relations, Murray Watt, said the committee will be a direct voice to Government able to advocate for change or reform that meets the needs of those significantly impacted by industrial death or serious injury and help inform the development of relevant policies and strategies.

The committee’s formation is also consistent with Safe Work Australia’s subsequent national principles to support families following an industrial death.

The Cook WA Government also established the Affected Families and Workers Advisory Committee (AFWAC) in December 2024 and is currently calling for members including representation from the maritime industry.

Go to: https://www.worksafe.wa.gov.au/affected-family-and-workers-advisory-committee-afwac

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Who is Responsible for Emergency Procedures Planning and Testing Procedures

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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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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Safe Boarding and Disembarking Your Vessel Is Essential

A contractor working on a vessel fell into the water whilst disembarking due to the gap between the wharf and the vessel.  A safe means of access to the vessel was not provided.

The contractor was completing work on a vessel alongside a wharf and was preparing to disembark with a tool bag.  There was a one metre gap between the vessel and the wharf, and no means of safe access was in place.

The contractor leaned over the side of the vessel to place a heavy tool bag on the wharf, with the straps of the bag wrapped around their arm.  While the contractor was stretching across, the tool bag fell from the wharf.  The contractor’s arm had become trapped by the tool bag handles, and they were dragged over the side and into the water.

The contractor managed to free their arm and surfaced. They then swam to the stern of the vessel and climbed onboard.

The above example shows how a lack of safe access can rapidly escalate into a life-threatening incident.  The risk is increased by any weight being carried by the person and the likelihood of striking their head or limbs between the wharf and vessel on their way into the water.

Under AMSA’s national maritime safety law, the owner and master are responsible for ensuring safety for all people, including contractors, boarding a domestic commercial vessel. In addition to the marine safety law, workplace health and safety regulations require that the risk of falls in general needs to be addressed including falls when boarding and disembarking a vessel.

The means of access to and from the vessel should be risk assessed and covered by a procedure as part of the vessel’s safety management system.

Further information: https://www.amsa.gov.au/vessels-operators/domestic-commercial-vessels/safe-access-to-domestic-commercial-vessels

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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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Safe Work Australia – Draft model Code of Practice for Managing Fatigue.

Safe Work Australia is developing a model Code of Practice which provides guidance for managing fatigue risks at work. https://consult.swa.gov.au/model-code-of-practice-fatigue

This draft model Code of Practice has been developed with the support of the Safe Work Australia members (all the Ministers for WHS from each state).

Given the recent discussions on fatigue management within Australian Safety Management Authority (AMSA) it is important that the fishing industry pushes to ensure consistency across all the various fatigue management guidelines.

A person in charge of a business must ensure, so far as is reasonably practicable, that workers and other persons are not exposed to risks to their physical and psychological health and safety, including the risk from fatigue.

To meet your duties to ensure health and safety, you must eliminate or minimise fatigue and its associated risks so far as is reasonably practicable.

This draft model CoP is proposed to be a practical guide to meet WHS regulations and general safety duties. If approved by Safe Work Australia Members (Commonwealth, state and territory WHS ministers) it will become a model Code of Practice in each of these jurisdictions.

It is expected this process will be finalised in the first half of 2025. To have effect in a jurisdiction, a model Code of Practice must be approved as a code of practice by the WHS Minister in that jurisdiction.

Codes of practice are admissible in court proceedings under the WHS Act and WHS Regulations. Courts may regard a code of practice as evidence of what is known about a hazard, risk, risk assessment or risk control and may rely on the code in determining what is reasonably practicable in the circumstances to which the code of practice relates.

WAFIC will be working with other fishing industry peak bodies to formally respond by the closing date for comments of 27^th November 2024.

This draft CoP appears to stop short of mandating hours of rest, as being considered by AMSA.

Rather, it outlines situations where risk of fatigue is increased, therefore requiring management attention to those situations.

Measures to manage the risks associated with fatigue will vary from one workplace to the next, depending on the nature of the work, environmental conditions and individual factors.

The risks associated with fatigue can be managed by following a systematic process which involves:

• identifying the factors which may cause fatigue in the workplace
• if necessary, assessing the risks of injury from fatigue
• controlling risks by implementing the most effective control measures reasonably practicable in the circumstances, and
• reviewing control measures to ensure they are working as planned.

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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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Approved Training Course Products for Skippers Tickets

Training Ministers in each state/territory have endorsed training products aligned with the revised AMSA Marine Order 505 (MO505) which sets out the regulatory and licensing requirements to enable seafarers to achieve the standards of competence (tickets).

The resulting framework and guidelines provide national consistency, improved qualification pathways, and better safety outcomes for Australian seafarers and domestic commercial vessel operators. This allows assessors, trainers, RTOs and enterprises to make the changes required to their training products, implementation advice and links to other information.

The revised Marine Order 505 (Certificates of Competency – National Law), came into force from 1 January 2023 and introduced 5 new certificates of competency:

• Coxswain Grade 3 Near Coastal
• Master <45m Near Coastal (replaces Master <35m, which will be phased out)
• Master <100m Near Coastal (replaces Master <80m, which will be phased out)
• Sailing Master Coastal
• Sailing Master Offshore.

And phased out 3 old certificates of competency, which are no longer issued:

• Master <35m Near Coastal (replaced by the new Master <45m Near Coastal)
• Master <80m Near Coastal (replaced by the new Master <100m Near Coastal)
• Mate <80m Near Coastal (replaced by the existing Master <24m Near Coastal)

Key Updates to Training Products:

• New Skill Set: Supports the new Coxswain Grade 3 licensing category, facilitating occupational mobility for existing maritime workers.
• New Unit of Competency: Command and manage a voyage on a vessel up to 45 metres (Near coastal).
• Merged Certificates: The Certificate III in Maritime Operations (Master Inland Waters) has been combined with the Certificate III in Maritime Operations (Master up to 24 metres Near Coastal).
• Updated Qualifications, Skill Sets, and Units of Competency: to reflect MO505 licensing and regulatory requirements for Near Coastal job roles.

Go to: https://www.industryskillsaustralia.org.au/training-package-development-project-marine-order-505?tab=endorsement#project-tabs-1025

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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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AMSA Review of Marine Order 504 (Operational Requirements).

AMSA has released the new Marine Order 504 (MO504) following a detailed review and feedback from the public consultation process which concluded end July 2024.

For more information on the new MO504 please visit the following link: https://www.amsa.gov.au/news-community/news-and-media-releases/updated-marine-order-504-certificates-operation-national-law

Key changes include:

• simplifying SMS requirements for smaller, less complex vessels and operations
• clarifying and strengthening fatigue management
• enhancing the management of risks from drug and alcohol use
• ensuring that roles and responsibilities for the safe operation of the vessel are clear
• updating the assembly station requirements in the vessel’s emergency plan
• aligning procedures for onboard operations and emergency preparedness with risk
• addressing operational risks to vessel stability
• amending the certificate of operation renewal criteria to reduce administrative burden.

In addition to the key changes listed above, there will also be some minor administrative and editorial changes.

The new MO504 will come into effect on 1 June 2025. This will provide industry with a transitional period to prepare for and implement any required changes.

AMSA will release guidance on the changes as part of the MO504 Phase 2 information and safety education campaign which is due to commence in mid-December 2024.

(See WAFIC submission: https://www.wafic.org.au/wp-content/uploads/2024/07/WAFIC-Submission-Final-MO504-Part-2-Review-July-2024.pdf)

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Hours of Rest – Consultation

AMSA sought separate consultation on a proposal to require all masters and crew to have a mandatory 10 hours’ rest in every 24 hours.

Main points raised from consultation:

•   A number of submissions advocated for the rest periods to becontinuous (10 hours rest provided as one break) opposed to cumulative (the 10 hours rest provided through multiple shorter breaks). 
  • Mainly fishing industry supporting cumulative.
• A number of the submissions suggested that 10 hours of rest in each 24-hour period is still not sufficient to address the risk of fatigue.
  • Suggesting increase to 12 hours continuous. 
• A number of submissions received did not support the hours of rest proposal highlighting the difficulties faced by certain sectors of the DCV industry, such as commercial fishing, in applying a one-size-fits-all approach to fatigue management.  the nature of their operations is incompatible with a prescriptive 10 hours of rest in a 24-hour period due to the need for operational flexibility and need to respond to external factors when they arise.
  • These submissions advocated for fatigue management to be considered on a case-by-case basis.
• The fishing industry was concerned about current rest periods and how masters and crew usually use this time to travel to and from the port or between fishing grounds.
• Many submissions advocated for a ‘right to disconnect’ during rest periods.

AMSA will further consider all the feedback received on the hours of rest proposal to inform future policy decisions, however, no changes to hours of rest will be made as part of this review process.

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AMSA 2024/25 Regulatory Review Program

AMSA prepares this program annually and it contains details of planned and completed changes to the regulatory instruments.

Publishing a regulatory program makes it easier for business and the community to take part in the development of the regulatory instruments, such as marine orders and the National Standard for Commercial Vessels.

The regulatory program contains information on consultation on legislative or other action planned during the current financial year that could lead to changes in regulatory instruments.

Go to: https://www.amsa.gov.au/annual-regulatory-program-2024-25

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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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AMSA National Compliance Plan 2024-25

The AMSA National Compliance Plan outlines the compliance areas in which AMSA will focus their efforts during 2024-25. (see https://www.amsa.gov.au/national-compliance-plan-2024-25)

AMSA outlines these priorities in advance to allow industry the opportunity to review their operations to ensure compliance with relevant legislation.

AMSA applies an intelligence-led, risk-based approach that underpins compliance activities and allows for better collaboration. The compliance program is informed by safety data and trends to ensure AMSA’s focus and to encourage voluntary compliance and continuous improvement.

AMSA will achieve this Plan using formal inspections checking for safety and adherence with regulations as well as direct communication, other engagement and education.

AMSA will conduct at least 2,300 inspections in 2024-25 of domestic commercial vessels based on priority areas identified by the collected data including:

1. Safe working practices – Reduce injury to crew – expected to focus onchanges to safety management system provisions, including simpler systems for smaller vessels, covering the following:

• Fatigue management
• Dangerous goods
• Emergency plans
• Simplified SMS
• Stability risks

2. Persons overboard, fatalities – building on the focused inspection campaign on lifejacket wear requirements conducted in the 2^nd half of 2023 and introduced formally as part of the phase 1 regulation changes to Marine Order 504. The 2023 campaign showed that 46% of the inspected vessels could not identify when lifejackets must be worn and 44% did not identify when to wear a lifejacket other than in an emergency.
3. Poorly implemented safety management systems – how a vessel is operated represents a concerning proportion of serious and very serious marine incidents. A major contributing factor to these incidents is the poor implementation by operators of their vessel Safety Management System (SMS), including the risk assessment process, safety procedures to mitigate risk and crew training in those safety procedures and emergency drills.

4. Garbage – awareness and compliance with pollution prevention (garbage) requirements (MARPOL      Annex V). This includes placard display, garbage management plans, garbage record books, discharge rules and procedures. The 2024-25 focus will be on MARPOL Annex V and the prevention of pollution by garbage from domestic commercial vessels. https://www.amsa.gov.au/about/regulations-and-standards/012022-marpol-annex-v-garbage-discharges

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Combined efforts from peak industry groups across the country has resulted in a letter to the Federal Minister responsible for maritime safety outlining industry’s expectations in relation to the Independent Panel review of AMSA legislation and future cost recovery regime – including why removing grandfathering provisions will be a huge impact on the fishing industry.

The continuous delays in the release of the Independent Panel’s revised Phase 1 report (which includes grandfathering recommendations) has industry members deeply concerned.

Seafood Industry Australia (SIA) wrote to Minister Catherine King on behalf of industry seeking the current status of the next iteration of consultation on the Independent Panel’s promised revision of it’s initial draft interim report on AMSA legislation (Phase 1) following consideration of feedback received from stakeholders.

Concurrent with this, SIA sought further detail on the status of the consultation draft interim report for the potential AMSA cost recovery and charging arrangements (Phase 2).

The last formal engagement with industry by the Independent Panel was a series of face-to-face meetings around the country in March 2023.

SIA highlighted that the process timeline was now well outstanding and from recent interactions with AMSA, industry was of the understanding that a revised version of the Phase 1 draft interim report is currently with the Government for consideration, despite a commitment from the Independent Panel to release the revised report to industry for consideration prior to submission to Government.

The industry letter emphasised that the content covered in the review is of great interest to the industry and to ensure that the Minister was personally aware that the initial draft interim report contained items (eg removal of vessel ‘grandfathering’ provisions) that were of major concern to the industry and regional, rural and remote communities in which they operate. The letter went on to highlight these recommendations have implications and ramifications both economically and on the mental health of industry with the potential outcomes of the report having very real impacts on the livelihoods of many people.

SIA made clear that industry has not received a clear update on the content of the re-drafted report, the cause of the delays of it’s release, a timeframe for responsible consultation, or a clear understanding of where the revised draft interim report is currently.

The letter focussed particularly on the potential phasing out of the ‘grandfathering provision’ that has caused the greatest concern and reaction from the broader seafood sector.

SIA reminded the Minister that it was the Coalition of Australian Governments (COAG) led by then Transport Minister Anthony Albanese that, in 2013, first committed to introducing the ‘grandfathering provisions’ to recognise 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, governments deemed these arrangements to continue unless incident evidence and data dictated the need to adopt an alternative approach.

The industry letter to the Minister pointed out that the inference in the Independent Panel’s initial draft report that ‘grandfathered vessels’ pose an added safety risk when working under their existing survey standards and within existing operational areas, lacked any evidence or data to validate these claims. The letter sets out that if evidence cannot be provided on why there should be a phasing out of ‘grandfathering’ arrangements or to show how to minimise the impact of any proposed changes, then the seafood industry cannot support any recommendation for removal of ‘grandfathering’ provisions.

The letter went on to highlight that changes to the ‘grandfathering’ provision will also have an impact on master and engineer qualification recognition and as with other agricultural sectors, the fishing industry is already facing significant workforce attraction and retention pressures. Industry has significant concerns that the removal of existing qualification recognition (without adequate evidence) and application of a new set of standards has the potential to cripple the industry overnight.

Note: You can send your views to Minister Catherine King, Minister for Infrastructure, Transport & Regional Development of Australia Email: [email protected]

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WAFIC Says No Removal of Grandfathering Provisions – AMSA Review (Phase 1)

WAFIC has made a submission on behalf of industry to an independent review of the national marine safety system and the supported legislation delivered by Australian Marine Safety Authority (AMSA).

WAFIC has rejected the wholesale removal of grandfathering provisions from the legislation.

An Independent Review Panel was established in late 2021 and separated the review into two (2) phases:

• Phase 1 – consider whether Australia’s legal framework regulating the safety of domestic commercial vessels is fit for purpose.
• Phase 2 – consider whether this regulatory framework is being delivered efficiently and effectively, and to consider options for future cost recovery arrangements.

The Review Panel provided a document as a consultation aid in early 2022 to assist industry with making a submission in relation to Phase 1 of the review.

Submissions closed 30^th November 2022.

WAFIC made significant comments to the Panel in relation to the impacts of winding back grandfathering provisions.

WAFIC emphasised that we do not support the wholesale removal of the grandfathering provisions.

 Where is the evidence to remove or phase out grandfathering provisions?

AMSA has done a very good job in all the challenges of adopting the National System through deregulation where justified, risk management in general and cost management.  They have taken an evidence-based approach.

There have been three government inquiries into AMSA’s performance since 2017 – by the Productivity Commission, by a Senate Committee and now an Independent Panel Review. All have put some emphasis on grandfathering but none have presented any evidence to support recommendations. The inquiries have referred to recent tragic fatality events and the subsequent Coronial Inquiries but none of those produced any evidence of specific problems created by grandfathering. They have all proceeded to assume that the concept must produce unsafe outcomes and promote a blanket solution – remove grandfathering.

Grandfathering of boats and certificates of competency is a core part of a fisher family stability. Fishery management changes can be stressful and often hard for a fisher to cope with. However, their boat and their credentials are the very stable thing they most understand and depend on. AMSA and government in general changed their world in 2013 with the introduction of the National System but underpinned stability with the COAG grandfathering guarantees. It was changed in 2018 to make any transition more flexible. To now change it again – breaking the 2013 COAG guarantee – would also create a major new level of unjustified stress.

Despite the phasing proposal, large numbers of currently qualified crews would not choose to renew their basic qualifications. Some point to the record entrants to maritime training as replacements but the problem is that large numbers of those graduating are going to the new, rapidly expanding maritime industries such as windfarms, offshore oil/gas operations, and marine aquaculture. It is unrealistic to suggest that Australia could even replace the numbers who would leave, let alone service the expanding industries competing for skilled workers. Instead of the end of grandfathering leading to greater safety, it would logically lead to less experienced crew and a greater safety risk.

It would seem unrealistic to assume the Commonwealth Government (or State Governments) will satisfactorily compensate loss of boats and certificates through a specific Scheme and/or the previous boat-building subsidy. This suggestion is made without quantifying the cost and assessing whether there is boat-building capacity in Australia to achieve re-introduction of the subsidy.

WAFIC supports that government follow normal process to produce good public policy and that before the draft Report on the grandfathering sections is finalised that the Panel:

• Produces actual evidence for the fishing and aquaculture industry as to:
  • The extent of grandfathering of both boats and qualifications.
  • Exactly where grandfathering has proved a safety problem.
  • Where fishing/aquaculture boats/certificates fit in the DCV total incidents and risk profiles.
• Ensures the analysis in (dot 1) clearly identifies any regional and operating differences between classes of vessels.
• Ensures the analysis estimates the actual cost of phasing out grandfathering – rather than general statements on what financial measures might be applied.
• Recognises that there is a serious shortage of formally (certificated) qualified personnel for fishing boats and provide recommendations on how the industry can overcome this if at the same time there are major (inevitable) departures from the industry due to removing grandfathering.

A copy of the final WAFIC submission to Phase 1 can be found at https://www.wafic.org.au/wp-content/uploads/2022/12/WAFIC-Final-Submision-to-AMSA-Legislation-Review-30-November-2022.pdf

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WAFIC Responds to AMSA Independent Review on Cost Recovery (Phase 2)

The Australian Government has commissioned an Independent Review of Australia’s Domestic Commercial Vessel Safety Legislation and Costs and Charging Arrangements (Review).

The Review is in two phases:

• Phase 1 – to consider whether Australia’s legal framework for the safety of domestic commercial vessels (DCVs) is fit for purpose,
• Phase 2 – whether the framework is being delivered efficiently and effectively, and options for future funding arrangements for the National System – including costs recovery.

Phase 1 consultation is complete – see next article in this update.

The review panel released a Phase 2 consultation aid for omment by 27^th January 2023.

WAFIC co-ordinated an industry wide submission response as well as an online meeting with the Panel in January 2023.

When considering ‘who pays the costs’ WAFIC suggested the first step is to determine ‘what are the costs?’

WAFIC set out to ensure that there is not a set-and-forget approach to the AMSA service delivery activities and that there is an agreed formal consultation arrangement in place for stakeholders to assist AMSA through regular review and recommendation of changes to the annual service delivery activity program. This supports the industry view that ‘user pays/user has some say’ approach to cost recovery.

The commercial fishing industry has significant experience with cost recovery through application of the Australian Government Cost Recovery Guidelines (Guidelines)[1] within the Australian Fisheries Management Authority (AFMA) and several state jurisdictions over time. In reviewing cost recovery each year AFMA will seek comment on draft budgets from relevant stakeholders such as the relevant peak industry associations, each of the fishery Management Advisory Committees and other relevant consultative bodies using an activity-based costing process.

This consultation process is important and from an AMSA perspective and WAFIC is of the view that this could be carried out through the existing AMSA National Safety Committee and Regional Safety Committees industry advisory processes.

Under the AFMA system the Commonwealth commercial fishing industry pays for those costs directly attributable to the fishing industry while the Australian Government pays for any costs identified as more directly benefiting the broader community or where it is inefficient to recover the cost.

In accordance with the Australian Government Charging Framework and the Guidelines a review and analysis of the activities undertaken by AFMA is conducted to determine which of those should be cost recovered. AFMA applies an activity-based approach to enable the agency to determine the costs associated with each activity within the defined key activity groups.

The AFMA key activity groups provide an overview of the activities included and, most importantly, the beneficiaries of those activities to enable determination of who is responsible for the costs associated with each activity.

WAFIC proposed a combination for the AMSA levy formula incorporating:

1. a flat rate per metre of vessel length;

                                   +

2. a tiered level for inspection/audit by Class.

To view the WAFIC submission: https://www.wafic.org.au/wp-content/uploads/2023/02/WAFIC-Submision-to-AMSA-Costs-Charges-Review-2-Cons-Aid-January-2023-FINAL.pdf

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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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Owners, masters and crew must take reasonable steps to ensure their vessel and fellow crew are safe – this includes managing the risks presented by fatigue in the workplace. Involving crew in the management of fatigue is a critical part of this management process.

AMSA has produced a paper to assist in understanding the causes and consequences of fatigue to assist reducing safety hazards and improve health, wellbeing, and performance across the maritime industry.

What is fatigue?

Fatigue is a state of weariness. It can develop quickly – for example, if you are doing heavy lifting. It can also develop slowly – for example, if you lose an hour of sleep a few nights in a row.

Suffering from fatigue for a prolonged period of time is associated with serious health conditions like cardiovascular disease, gastrointestinal disease, mental health issues and stress levels.

Generally, people need between 7-9 hours of sleep per night to perform adequately and effectively. Poor quality sleep is when sleep is disturbed by things like – diet, fitness, light, noise, motion, alcohol, drugs or stress.

Fatigue can also accumulate when you do not get extra sleep to make up for lost sleep – sometimes referred to as a ‘sleep debt’.

A survey of more than 1000 crew working across a wide range of commercial vessels in Australia found a concerning knowledge gap when it came to identifying and managing fatigue.

• 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
• 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.

What happens when you are fatigued?

Fatigued crew are very likely to make mistakes, putting themselves and others at risk.

Some of the tell-tale signs of fatigue are:

• Physical: Inability to stay awake (head nodding, microsleeps or falling asleep involuntarily), difficulty with hand-eye coordination, slurred or garbled speech, dropping objects like tools or parts, digestion problems.
• Cognitive: Focusing on trivial problems and neglecting important ones, slow or no response to abnormal or emergency situations, lapses of attention, poor judgement of distance, speed and time, forgetfulness, difficulty concentrating and thinking clearly.
• Behavioural: Decreased tolerance and/or antisocial behaviour, irregular mood changes, ignoring normal checks and procedures, increasing mistakes and carelessness.

Managing Fatigue

It is recommended owners work with crew to examine what a typical 24-hour period looks like for them, factoring in both:

• time spent working on a the vessel and
• time spent on other activities like commuting and being at home.

Implement short rest breaks during operations, rotating activities that crew have been assigned (where appropriate) and creating opportunities for ‘strategic napping’.

Note: Research shows that naps as short as 10/15 minutes can deliver measurable benefits and help maintain performance while staving off fatigue.

Help them identify a ‘window for sleep’, where they can have a minimum guaranteed 7 hours of quality, uninterrupted sleep.

If possible, avoid scheduling critical operations between the hours of 3am-6am and 3pm-5pm, when crew are most likely to be drowsy or have an urge to sleep. If that’s not possible due to the nature of your operation, ensure other mitigation strategies are in place as outlined in this guidance hub.

The maritime work environment is stressful on crew and can make fatigue from lack of sleep worse. Common environmental stressors on crew are cold, vibration, heat, noise and vessel motion.

The impacts of a crew member’s lifestyle and home demands must be factored into an holistic approach to fatigue management.

Lifestyle factors and home demands may not be within the strict control of a commercial vessel owner or operator, but that doesn’t negate the need to increase awareness of the benefits that a healthy lifestyle and supportive home environment can have on increasing a crew member’s resilience against fatigue. Where it can’t be controlled, it should be factored into operational planning.

AMSA Fatigue guidance paper can be found at: https://www.amsa.gov.au/vessels-operators/domestic-commercial-vessels/managing-crew-fatigue

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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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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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Stay Afloat Program – Mental Health Management for the Fishing Industry

Australia’s commercial fishers endure mental health problems at almost double the rate of the general population; and almost half of those who reported problems hadn’t reached out for help because they thought no one would understand the pressures of the industry – but, now there is somewhere to make sure they do.

 Stay Afloat Australia is the national mental health pilot program designed to support the mental wellness and education of members of the Australian Seafood industry – and their families. StayAfloat is educating healthcare workers about the Australian seafood industry, its operations and stressors helping them understand the history of commercial fishing in a region by providing them with resources to learn a little more about the local industry and what the life of a fisher is like.

The program is run by Seafood Industry Australia. You can get involved with Stay Afloat in a number of ways and make 2022 a year of wellbeing!

 Trusted Local Industry Advocates

StayAfloat works with local industry leaders to find Trusted Advocates who are available to lend a listening ear and provide fishers and families with support by:

• Having a chat – sometimes we all need an ear, and your advocates know and understand the pressures you’re facing.
• They can offer you tips on wellness and stress management;
• Help you to connect with an expert;
• And, educate your local healthcare providers on the commercial fishing industry so they’ll understand what you’re up against if you reach out for help.

 If you are interested in becoming a Trusted Advocate in your local seafood community contact Jo at StayAfloat on [email protected] 

 Trusted Advocates are only trained to provide a listening ear and to help guide you to professional support services, they are not crisis counsellors.

Should you or someone close to you be in crisis or immediate danger please call 000, or visit your nearest hospital emergency department.

 The final round of Community Resilience grants is now open.  These are a great way to celebrate and support our industry colleagues.

Grants of up to $2,000 are available to members of the commercial seafood community to go towards activities that connect people to each other and contribute to wellbeing:

• hold a BBQ alongside your next AGM,
• organise a community walk,
• arrange speakers to attend your port meetings
• team up with your local community to showcase the great work of our commercial fishers, or
• something else you’ve always wanted to do in your community.

Applications are super easy for these low-admin grants. Program manager, Jo Marshall, is always on hand to help you step through the process.

For more information go to www.stayafloat.com.au/grants

3. How Can I Help a Mate – Free Mental Health First Aid Training

Ever wanted to know how to help a friend or mate who is struggling?

Interested in Mental Health First Aid but too busy to attend a course?

Stay Afloat offers Mental Health First Aid training online in the comfort of your own home or office. The course is FREE for anyone involved in the seafood industry – that includes fishers, deckhands, employees of commercial fishing businesses, processors, retailers, suppliers to industry and even their family members over 18 years of age.

Tailored to your industry, this training involves:

• 5-7 hours of self-paced e-learning,
• 2 x 2.5 hour Zoom workshops where you’ll be guided through how to have conversations to help people experiencing crisis or possible mental health problems.

Over 160 people have already completed this training and the feedback has been phenomenal.  “I’ve always been a person that people come to with their problems.  Now, I finally know what to say and how to help them” – Fran, Unloader, Darwin.

If that sounds, like you, or if you are interested in learning more, head to either of the following links for more information and to register.

Watch stories on Stay Afloat Program

https://www.abc.net.au/news/rural/programs/landline/2023-03-26/staying-afloat:-mental-health-care-for-fishers/102147470

VIDEO: Staying Afloat: Mental health care for fishers Kristy O’Brien at abc.net.au

https://content.isentia.io/?url=https://www.abc.net.au/news/rural/programs/landline/2023-03-26/staying-afloat:-mental-health-care-for-fishers/102147470&key=9cd346fe892aa65e29798371a976f262&ver=1&mid=927150050&uid=179882

Want to hold your own Mental Health first aid in house?  If you can get 10 or more people together from your company or community, we’ll provide it at times, dates and locations to suit you – and yes, it’s still FREE!

E-mail [email protected] to discuss your options! Find out more by clicking the link! #StayWellStayAfloat #MentalHealth #StayAfloat

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Compulsory Carriage of Float-Free EPIRBs From January 2021

AMSA sought industry comment in late 2017 on proposed changes which, if made, would require the carriage of a float-free emergency position-indicating radio beacon (EPIRB) on most domestic commercial vessels operating more than 2 nautical miles seaward from land.

The overwhelming number of submissions supported the proposed changes and the concept of mandating broader carriage of float-free EPIRBs. However, a number of concerns were raised about the additional costs for vessel owners, and also the appropriateness of mandating float-free EPIRBs on smaller vessels.

AMSA General Manager of Standards Brad Groves said float-free EPIRBs offer significant safety advantages for crew and passengers on vessels in distress.

If a vessel rapidly capsizes or sinks, the survival of the passengers and crew depends on the transmission of a distress signal.” Mr Groves said. “A float-free auto-activating EPIRB can send a call for help within minutes of being submerged in water, without any action by the crew.”

Mr Groves said AMSA is giving industry a two-year transition period to plan for the added cost of fitting a float-free EPIRB, but encouraged owners to fit one to their vessel as soon as possible.

AMSA has amended standards to require the following vessels to carry a float-free EPIRB:

–     all fishing vessels (Class 3) equal to or greater than 12m in length and operate beyond 2 nautical miles seaward from land

–     all fishing vessels (Class 3) that are less than 12m in length operating in B or C waters but only if the vessel does not have level flotation. Vessels that are less than 12m with level flotation (and those vessels operating between 2 nautical miles out to ‘C waters’) can continue to carry the kind of EPIRB currently required and will not be affected by these changes, and

The revisions to NSCV Part C7B, Part G and Part F2 will commence on 1 January 2019 – however, a 24 month transitional periodhas been agreed for vessel owners to install a float free EPIRB meaning the new requirements will not become mandatory until 1 January 2021.

Operators who wish to start carrying a float-free EPIRB prior to this date are encouraged to do so.

 What about vessels less than 7.5 metres? 

AMSA understands that carriage of a float-free EPIRB on some smaller, open vessels may be challenging. Over the coming months, AMSA will be developing a general equivalent solution (GES) for vessels less than 7.5 metres in length affected by these changes. Vessel owners do not need to apply to use the general equivalent solution (GES).

Next steps

AMSA has published guidance to assist owners and operators of fishing vessels with the new requirements relating to float-free EPIRBS.

AMSA has a video on float free EPIBS at https://www.amsa.gov.au/news-community/news-and-media-releases/mandatory-float-free-epirbs

If you have any questions on these changes, Click Here.

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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.

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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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NEW INDUSTRIAL MANSLAUGHTER LAWS IN WA – MAXIMUM 20 YEARS PRISON  

The McGowan Government’s Work Health and Safety (WHS) Bill passed the Legislative Assembly on November 3, 2020 and will become law once the supporting regulations are finalised next year.

The new laws cover modern employment relationships, such as subcontractors or casual workers, not just the classic employer/employee relationship. In particular, they will introduce the term ‘person conducting a business or undertaking’.

The new legislation includes criminalising ‘industrial manslaughter’ that includes a maximum penalty of between five and 20 years of imprisonment for an individual and a maximum $10 million fine for a body corporate. Industry has raised concerns throughout the debate on this Bill that the threshold for charges of category 1 offences for industrial manslaughter are too low.

Small businesses including family farming operations, commercial fishers and any other employer or company director could face serious penalties for something they did not deliberately or knowingly intend and thus potentially criminalises accidents. Employers and company directors could be jailed and/ or face bankruptcy for an offence that they had not anticipated an accident could occur.

There are concerns that these businesses and undertakings now exposed to jail time and heavy fines could lead employers to question the hiring of future employees or even if they will stay in business.

Amendments proposed in the Upper House by the Shooters and Fishers Party to increase the threshold test for category 1 manslaughter offences by changing wording from “a failure to comply with a health and safety duty” to “gross negligence”, did not achieve majority support in the Upper House as the Nationals WA did not back the amendment.

The amendments would have required prosecutors to implement of a test of ‘reckless negligence and deliberately exposing workers to harm’ that many felt was fair and that those convicted of offences under such wording should be liable for tough penalties. Gross negligence is the standard test applied in Victoria, Queensland, the Australian Capital Territory and the Northern.

Other new aspects include increased penalties, prohibiting insurance coverage for WHS penalties and the introduction of enforceable undertakings as an alternative penalty.

Trevor Whittington, CEO WAFarmers, told Farm Weekly in late October “This is one of the biggest risks that farm businesses now face – it’s right up there with planning for a drought. Wholesale changes to how they operate need to happen immediately, which may include terminating employees if they lack the skills. The days of training and giving anyone a go are now gone. Serious decisions like, instead of running two bits of older equipment, replacing it with one big piece of equipment and terminating staff will be made. This will cost jobs.”

WAFarmers has called on all political parties to put $10m on the table over the next four years to put in a comprehensive safety training regime and change the culture of the agricultural industry.

The McGowan government claims the new laws will harmonise WA with other States although amendments have been made to tailor the laws to reflect unique aspects of workplaces in this State.

The Department of Mines, Industry Regulation and Safety will be developing resources to assist workplace participants in adapting to the new laws.  These will be available closer to the date the new laws become operational and will include information about the new regulations.

Full story go to: https://www.parliament.wa.gov.au/parliament/bills.nsf/BillProgressPopup?________________________________________________________________________________________

AMSA Simplifies Recreational Use of Commercial Fishing Vessels

Using your commercial fishing vessel for recreational purposes just got easier. Approval is no longer required from AMSA to operate recreationally under Exemption 04.

There are still limitations and important conditions that you need to follow if you are going to operate recreationally. To operate under Exemption 04 your vessel must:

• be used only recreationally and not be used at the same time or in connection with a commercial, governmental or research activity
• comply with maximum load and passenger restrictions
• comply with local recreational vessel requirements, except those requiring the vessel to be registered as a recreational vessel or to meet Australian Builder’s Plate requirements
• deal with the risks of operating recreationally in the your vessel’s safety management system (SMS)
• secure or isolate any powered equipment, lifting equipment or other machinery that could present a danger to passengers
• record any recreational use in the vessel’s log book.

Operating under Exemption 04 does not make your vessel a ‘recreational vessel’.

All commercial vessel requirements other than crewing and operational area continue to apply including:

• the requirement to obtain a certificate of survey for the vessel and comply with any conditions; and,
• complying with the general safety duties, including implementing and maintaining a safety management system (SMS) for the your vessel.

Exemption 04 cannot be used to take a domestic commercial vessel overseas or to another location.

Go to Exemption 04 https://www.amsa.gov.au/vessels-operators/regulations-and-standards-vessels/exemption-4-marine-safety-recreational-use

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IMPORTANT INFORMATION

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

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Safety Management Systems Required on All Vessels 

All fishing vessels in Australia will require a formal Safety Management System (SMS) under both workplace and marine safety legislation across the nation.

What is a safety management system and why do I need one? Follow this link to find out. CLICK HERE

A sample safety management system (SMS) for a fishing vessel can be found here

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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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How does ‘Grandfathering’ Work for your Vessel?

AMSA have 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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Areas specified as Restricted C operational areas

AMSA has a advisory notes that provides details of the areas nominated by the state and Northern Territory jurisdictions as Restricted C operational areas as they apply to Exemption 40.

Exemption 40 provides an exemption from the requirement to have a Certificate of Survey for non-passenger or fishing vessels that:

• are less than 12 metres long;
• operate only in the C restricted operation areas nominated (see note below);
• any operational area D (partially smooth water operations); or,
• any operational area E (smooth water operations).

The exemption is subject to the vessel meeting specified operational, design and construction requirements, which are specified as conditions of the exemption. Restricted C vessels require an inspection by an attested person and are required to be re-inspected every five years to ensure continuing compliance with Exemption 40.

Note: The areas nominated by the states and Northern Territory as Restricted C operational areas are summarised at in the tables found at: AMSA Website

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New AMSA Accredited Vessel Surveyors

AMSA introduced the Surveyor Accreditation Scheme (the scheme) on 2 January 2015.

This system allows both private and government surveyors.

If your vessel requires survey to make sure it meets safety requirements, it is up to you to select an AMSA-accredited surveyor (surveyors accredited under the Surveyor Accreditation Scheme). Go to: AMSA Website

You can select any accredited surveyor in the scheme within the limit of the categories that the surveyor is accredited for, and any limitations that may be applied to their accreditation.

For example of a surveyor’s limitation may be a particular construction material (ie they can survey steel and aluminum vessels, but not timber or reinforced plastic vessels).

As at 22 April 2016, there were accredited surveyors in WA.

You can find a list of accredited surveyors on the AMSA website, along with each surveyor’s contact details, the categories that they are accredited for, and the area in which they operate. Go to New AMSA Accredited Vessel Surveyors: AMSA Website

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AMSA’s My Boat application

AMSA has released ‘My Boat’ – an online application developed to help industry understand and comply with vessel survey requirements. It’s free.

Based on the National Standards for Commercial Vessels, Marine Orders and National Law exemptions, you only need to put in the details of your vessel and My Boat will produce results specific to you.

AMSA encourages vessel owners and operators sign up as a member and use the available tools at CLICK HERE

________________________________________________________________________________________StStanding Exemptions: Changes and Extensions

AMSA has recently made changes to a number of standing exemptions that may apply to commercial fishing vessels. Standing exemptions are an important part of AMSA’s initiative to ensure its regulations are relevant, flexible and risk-based.

AMSA has recently made changes to a number of standing exemptions forms, guidance notices and advisories that may apply to commercial fishing vessels. Standing exemptions are an important part of AMSA’s initiative to ensure its regulations are relevant, flexible and risk-based. CLICK HERE

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MARINE SAFETY REGULATIONS

1. Australian Maritime Safety Authority (AMSA

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.