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The Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018

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General duty of shipowner, master, employer

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5.—(1) It is the duty of the persons mentioned in paragraph (2) to ensure that a seafarer in relation to a ship to which this regulation applies is provided with at least the minimum hours of rest.

(2) The persons are—

(a)the shipowner in relation to the ship;

(b)the master of the ship; and

(c)where the seafarer is an employed seafarer, the seafarer’s employer.

(3) A muster, drill or training session held pursuant to the Merchant Shipping (Musters, Training and Decision Support Systems) Regulations 1999(1)—

(a)may require the participation of a seafarer during the seafarer’s hours of rest, but

(b)must be conducted in a manner which minimises disturbance of the seafarer’s hours of rest and does not induce fatigue.

(4) A seafarer who is on-call on board ship—

(a)may be required to do call-outs during hours of rest, but

(b)must be provided with an adequate compensatory rest period for any call-out work done during hours of rest.

(5) Nothing in this regulation restricts the operation of regulation 6 of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Employment of Young Persons Regulations 1998(2) (rest periods for young persons).

(6) This regulation is subject to regulation 11.

(2)

S.I. 1998/2411; regulation 6 was amended by S.I. 2002/2125.

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