Legal framework of the prevention of maritime occupational risks
Preventing occupational hazards on board French ships
Article 6 of decree no. 2007-1227 of 21 August 2007 on the prevention of occupational risks at sea and the well-being of seafarers at sea and in ports sets that on all ships flying the French flag, all shipowners must appoint a member responsible for occupational risk prevention.
This principle is enshrined internationally in rule A4.3 of the ILO Maritime Labour Convention (MLC, 2006).
Safety: wearing personal protective equipment
Article 9 of decree no. 2007-1227 of 21 August 2007 on the prevention of maritime occupational risks and the well-being of seafarers at sea and in ports makes it compulsory: "the wearing of personal protective equipment designed to prevent the risk of drowning, meeting the standards mentioned in article R. 233-151 of the Labour Code, is compulsory in the event of exposure to the risk of falling overboard and in particular in the following circumstances:
- 1° during fishing operations;
- 2° when working at night, in the absence of visibility or in adverse weather conditions;
- 3° when travelling in dinghies or other light craft.
The wearing of this personal protective equipment is also compulsory in all circumstances justifying it, of which the captain is the sole judge, taking into account the level of training of the person concerned.
In accordance with the provisions of III of article 51-1 of the decree of 30 August 1984 referred to above, the provisions of this article are applicable to self-employed fishermen".