RULES ON SAFETY AND HEALTH FOR SEAFARERS (이 영문법령은 해양수산부에서 제공하였습니다.)
Ordinance Of the Oceans and Fisheries No. 1986837, jun. 4, 1986
Amended by Ordinance Of the Oceans and Fisheries No. 2008044, Aug. 22, 2008
Ordinance Of the Oceans and Fisheries No. 2012465, May 18, 2012
Ordinance Of the Oceans and Fisheries No. 2013001, Mar. 24, 2013
Ordinance Of the Oceans and Fisheries No. 2014099, Sep. 19, 2014
The purpose of this rule is to prescribe that shipowners and seafarers shall comply with matters to prevent danger of seafarers’ work on a ship and maintain hygiene therein under Articles 82, 83 and 91 of the Seafarers Act. <Amended on Aug. 22, 2008; and May 18, 2012>
| Article 2(Duties of Shipowner) |
A shipowner shall comply with the following matters to prevent danger of work on a ship and maintain hygiene therein under Article 82 (5) of the Seafarers' Act(hereinafter referred to as “the Act"): <Amended on Aug. 22, 2008; and May 18, 2012>
| 1. | Supply of machinery, apparatus, and tools necessary for work on a ship; |
| 2. | Supply of medicine, hygiene products, and medical guide books necessary to maintain hygiene on a ship; |
| 3. | Installation of lighting devices, safety signs, and other auxiliary devices for safety for work; |
| 4. | Installation facilities necessary to maintain an appropriate level of hygiene such as ventilation, skylights and lighting in accommodation, engine rooms and galleys, etc., maintenance of temperature, and prevention of noise and vibration, etc.; |
| 5. | Supply of pesticides to get rid of mice or bugs from accommodation and storage rooms, etc.; |
| 6. | Supply of tools necessary to measure oxygen or gases hazardous to human body, etc.; provided, however, that this shall not apply to coastal fishing vessels which are not equipped with refrigerating facilities; |
| 7. | Supply of protective apparatus necessary to prevent injury from dangerous work such as work in hold, work aloft, welding, work involving heavy objects, work involving electricity, and fishing operation, etc.; |
| 8. | Implementation of education necessary for safety on a ship and hygiene management; and |
| 9. | Establishment and supply of safety and hygiene rules on a ship necessary to prevent injury from work and maintain hygiene therein. |
| Article 3(Dangerous Work on Ship, etc.) |
| (1) | Dangerous work under Article 82 (2) of the Act means the work as follows: <Amended on May 18, 2012> |
| 1. | Work involving an operation of capstan or winch; |
| 2. | Work involving an operation of cargo handling equipment; |
| 3. | Work involving an use of auxiliary equipment at two meters or higher above the ground; |
| 4. | Work with worker’s balance on the outside of hull; |
| 5. | Work at a site with potential risk of lack of oxygen; |
| 6. | Work to detect harmful gases to human body; |
| 7. | Work to detect the status of harmful cargo; |
| 8. | Electric work with risk of electric shock; and |
| 9. | Work to weld, cut, or heat a metal. |
| (2) | A shipowner shall not have a person engaged in a dangerous work on a ship unless he/she falls under the following sub-paragraphs under Article 82 (2) of the Act: <Amended on May 18, 2012> |
| 1. | A person who has either working experience in a work under the provision of each sub-paragraph of paragraph (1) for six months or longer or is able to perform the corresponding work thereto and holds a relevant qualification recognized by the government; |
| 2. | A person who has completed the training for watch-keeping ratings under the provision of Attached Table 2 of the Enforcement Ordinance of the Seafarers' Act; and |
| 3. | A person who has obtained a certificate of competency under Article 4 of the Ship Officer's Act. |
| Article 4(Appointment of Ship Safety Officer) |
| (1) | A shipowner shall appoint one ship safety officer among engineers who either served as a chief engineer officer on a ship or has seagoing service of two years or longer to prevent danger of work on a ship and to implement matters prescribed in this rule under Article 82 (2) of the Act; provided, however, that a master may be appointed as a ship safety officer in case that the number of seafarers is less than ten persons on board. <Amended on May 18, 2012> |
| (2) | A chief officer shall be appointed as a ship safety officer of dangerous goods in addition to the person under paragraph (1) on a ship carrying dangerous goods under the provision of sub-paragraph 1 of Article 2 of rules on carriage and storage of dangerous goods at all times; provided, however, that a ship may be exempted therefrom in case that the number of seafarers is less than ten persons onboard. |
| Article 5(Duties of Ship Safety Officer) |
| (1) | A ship safety officer shall perform the duties under any of the following; |
| 1. | Check for safety level of work on a ship and arrangement for appropriate number of seafarers; |
| 2. | Equipping with and inspection for safety equipment, danger detection devices, fire equipment, protection equipment and other facilities and tools for danger prevention; |
| 3. | Emergency or preventive measures when dangerous incident has occurred or is likely to occur during work; |
| 4. | Education for how to use safety equipment and protective equipment, safety rules, and other matters necessary for safety of work; |
| 5. | Preparation and keeping records for safety management on a ship; and |
| 6. | Other matters necessary for safety measures. |
| (2) | A ship safety officer of dangerous goods shall perform the duties under any sub- paragraph of paragraph (1) pursuant to the handling thereof. |
| Article 6(Submission of Improvement Proposals, etc.) |
| (1) | A ship safety officer or ship safety officer of dangerous goods shall prepare and keep records of improvement proposals regarding his/her duties concerned and report thereof to a master; provided, however, that the improvement proposal may be directly reported to a shipowner where a master to whom the improvement proposal is reported under the provision of paragraph (2) has failed to report to a shipowner. |
| (2) | Where a master has the report of the improvement proposal under the provision of paragraph (1), he/she shall review and report thereon to a shipowner. |
| (3) | A shipowner to whom the improvement proposal is reported under either the proviso of paragraph (1) or the provision of paragraph (2) shall take measures necessary for improvement. |
| Article 7 Deleted. <Sep. 19, 2014> |
| Article 8(Restrictions on Work) |
| (1) | The work which seafarers younger than 18 years of age shall not be engaged under Article 91 (3) of the Act shall be as follows; <Amended on May 18, 2012> |
| 1. | Work in a cargo hold or tank to remove corrosive materials, toxic substances, or harmful materials; |
| 2. | Work involving the use of harmful paint or solvent; |
| 3. | Long-time work with direct sunlight; |
| 4. | Long-time work in cold places; |
| 5. | Long-time work in cold chamber; |
| 6. | Work involving inspection or repair of hull or propeller under water; |
| 7. | Repair work inside a tank or boiler in the state that part or most of hull is submerged; |
| 8. | Long-time work in places where dust or powder is generated; |
| 9. | Work involving handling objects of 30Kg or more; and |
| 10. | Work with risk of exposure to alpha rays, beta rays, neutron rays or other harmful radiation. |
| (2) | A shipowner shall not have women seafarers engaged in the work of sub-paragraphs 1, 2, 9, and 10 of paragraph (1) and sub-paragraph 6 of Article 3 (1) under Article 91 (4) of the Act. <Amended on Aug. 22, 2008; and May 18, 2012> |
| (3) | “A range of voyage prescribed by the Enforcement Ordinance of the Ministry of Oceans and Fisheries” in Article 91 (5) 1 of the Act means a voyage where a ship can enter into the nearest domestic port within two hours. <Newly introduced on Aug. 22, 2008; May 18, 2012; and Mar. 24, 2013> |
| (4) | A shipowner shall not have women seafarers in whose cases one year has not passed after childbirth in work of each subparagraph of paragraph (1), subparagraphs (1), (2), (4) through (6) and (9) of Article 3 under Article 91 (6) of the Act. <Newly Inserted on Aug. 22, 2008; and May 18, 2012> |
[Title amended on Aug. 22, 2008]
ADDENDA <Enforcement Ordinance of the Ministry of Transport No. 837, Jun. 4, 1986>
| (1) | (Enforcement Date) This Enforcement Ordinance shall enter into force on the date of its promulgation. |
| (2) | (Amendment to Other Statutes) Part of the Rules on Seafarers' Labour Inspector's Duties shall be amended as follows: |
In Article 2 (1), the term “Articles 114 and 115 of the Seafarers' Act(hereinafter referred to as “the Act”)” shall be replaced with "Articles 116 and 117 of the Seafarers' Act(hereinafter referred to as “the Act”).
In Article 2 (2), the term "Article 115 of the Act" shall be replaced with "Article 117 of the Act."
In Article 5 (1), the term "Article 117 (1) of the Act" shall be replaced with "Article 119 (1) of the Act."
In Article 5 (3), the term "Article 114 (1) of the Act" shall be replaced with "Article 119 (1) of the Act."
ADDENDA <Enforcement Ordinance of the Ministry of Land, Transport and Maritime Affairs No. 44, Aug. 22, 2008>
This Enforcement Ordinance shall enter into force on the date of its promulgation.
ADDENDA <Enforcement Ordinance of the Ministry of Land, Infrastructure and Transport No. 465, May 18, 2012> (Enforcement Ordinance of the Seafarers' Act)
Article 1(Enforcement Date)
This Enforcement Ordinance shall enter into force on the date of its promulgation. <Provisory clause omitted>
Articles 2 through 14 Omitted
Article 15(Amendment to Other Statutes)
| (4) | Part of the Rules on Safety and Health for Seafarers shall be amended as follows: |
In Article 1, the term "Articles 76 and 81 of the Seafarers' Act" shall be replaced with "Articles 82, 83 and 91 of the Seafarers' Act."
In other than each sub-paragraph of Article 3 (1), the term ""Dangerous work" in Article 76 (2) of the Act" shall be replaced with ""Dangerous work under Article 82 (2) of the Act"; and, in other than each sub-paragraph of paragraph (2) of the same Article, the term "under one of the following sub-paragraphs under the provision of Article 76 (2) of the Act" shall be replaced with "under the following sub-paragraphs under Article 82 (2) of the Act."
In the main sentence of Article 4 (1), the term "under the provision of Article 76 (2) of the Act" shall be replaced with "under Article 82 (2) of the Act."
In other than each sub-paragraph of Article 7, the term "under the provision of Article 76 (4) of the Act" shall be replaced with "under Article 83 (1) of the Act."
In other than each sub-paragraph of Article 8 (1), the term "under the provision of Article 81 (2) of the Act" shall be replaced with "under Article 91 (3) of the Act"; in paragraph (2) of the same Article, the term "Article 81 (4) of the Act" shall be replaced with "Article 91 (4) of the Act"; in paragraph (3) of the same Article, the term "“Voyage in the extent prescribed by the Enforcement Ordinance of the Ministry of Land, Transport and Maritime Affairs" in Article 81 (5) 1 of the Act" shall be replaced with ""A range of voyage prescribed by the Enforcement Ordinance of the Ministry of Land, Transport and Maritime Affairs" in Article 91 (5) 1 of the Act"; and, in paragraph (4) of the same Article, the term "Article 81 (6) of the Act" shall be replaced with "Article 91 (6) of the Act."
ADDENDA <Enforcement Ordinance of the Ministry of Oceans and Fisheries No.1, Mar. 24, 2013> (Enforcement Ordinance of the Act on the organization of the Ministry of Oceans and Fisheries and Institutions Attached thereto)
Article 1(Enforcement Date)
This Enforcement Ordinance shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
Article 5(Amendment to Other Statutes)
| (1) | through <23> Omitted. |
<24> Part of the Rules on Safety and Health for Seafarers shall be amended as follows:
In Article 8 (3), the term “Enforcement Ordinance of the Ministry of Land, Transport and Maritime Affairs” shall be replaced with “Enforcement Ordinance of the Ministry of Oceans and Fisheries.”
<25> through <63> Omitted.
ADDENDA <Enforcement Ordinance of the Ministry of Oceans and Fisheries No. 99, Sep. 19, 2014> (Enforcement Ordinance of the Seafarers' Act)
Article 1(Enforcement Date)
This Enforcement Ordinance shall enter into force on the date of its promulgation; provided, however, that the amended provisions of the following sub-paragraphs shall enter into force on the date according to the classifications thereof:
| 1. | ㆍㆍㆍ<Omitted>ㆍㆍㆍArticle 3 of the Addenda: The date on which the Maritime Labour Convention, 2006 enters into force in the Republic of Korea |
Article 2 Omitted.
Article 3(Amendment to Other Statutes)
Part of Rules on the Safety and Health for Seafarers shall be amended as follows:
Article 7 shall be deleted.