Prevention of alcoholism and smoking
Prevention of alcoholism onboard
Even in the absence of any obvious signs of intoxication, it is forbidden for persons on board a ship flying the French flag, while performing their duties, to be under the influence of alcohool in a state characterized by an alcohol concentration in the blood of ≥ 0.5 g/L or by an alcohol concentration in the exhaled air of ≥ 0.25 mg/L (art. L. 5531-21, French Transport Code).
On board the aforementioned ships, any person, in the event of obvious drunkenness or legitimate suspicion of being under the influence of alcohol, can be tested for alcoholic impregnation or verified for evidence of alcoholic impregnation.
The master or the deputy officer may, independently of the checks that may be carried out, if necessary, within the framework defined by internal regulations on board the ship, carry out the necessary tests or checks (art. L. 5531-31, French Transport Code).
The control of the blood alcohol content is carried out by means of breathalysers or alcohol sensors, according to the following methods (art. L. 5531-22, French Transport Code) :
- testing for alcoholic impregnation;
- verification intended to obtain evidence of alcoholic impregnation.
These procedures do not exclude the possibility to carry out verifications by means of medical, clinical and biological analyzes and examinations in cases provided for in this subsection.
These tests cannot take place when the person concerned is on a rest period, except (art. L. 5531-22, French Transport Code):
- when there are obvious elements or signs suggesting an alcoholic impregnation of this person;
- when this person is involved in an event at sea that has caused damage;
- or when this person presents or has presented a risk of danger to themself or the ship.
Prevention of smoking onboard
Which text deals with tobacco and vaping on board ships registered under the RIF?
The previously applicable letter DSGEM/GM N° 14 from the Director for Maritime Affairs dated February 14, 2007 is no longer relevant. There are no provisions in the Transport Code, but the Labour Code and the public health Code apply to ships.
No smoking
Art. L. 3512-8 of the Public Health Code : ""It is forbidden to smoke in places assigned to collective use, in particular schools, and in means of public transport, except in locations expressly dedicated to smokers."."
No vaping
Vaping has been prohibited since Decree n)2017-633 of April 25, 2017 on the application conditions for the prohibition of vaping in certain places for collective use, article 1 of which modified the article L. 3513-6 of the Public health Code
The smoking or vaping prohibition applies to all working spaces. If the cabin is a place of private life (with the specificities provided for by the code), smoking is allowed there with required precautions (ventilation, fire alarm…). Shared cabins are collective living spaces: smoking is prohibited.
The ship rules may specify details on the prohibition and places dedicated to smokers.