S.L. 425.14 Art. 10Responsibilities of the master.

(1) The master shall ensure:

(a) supervision is provided;

(b) fishermen perform their work in the best conditions of health and safety;

(c) fishermen are managed in a manner which respects their health and safety, including prevention of fatigue;

(d) compliance with safety of navigation, watch keeping and associated good seamanship standards;

(e) on-board occupational health and safety awareness training are facilitated;

(f) that fishermen are trained in the handling of the types of fishing gear they will use and in the knowledge of the fishing operations in which they will be engaged;

(g) that the fishing vessel is stocked with adequate quantities of medical products and equipment as adequate according to the nature of the voyage, the area of operation, the crew, the type of work performed by all fishermen and the cargo of the fishing vessel;

(h) that himself, or his delegate, received special training in relation to the use of medical supplies on board, which training is to be updated periodically and at least every five years, and said training shall be relevant for the type of fishing vessel concerned, the risks involved, the crew, the area of operation, the length of the voyage and the needs involved, and it shall also be inclusive of and according to what is referred under Annex V of Council Directive 92/29/ EEC of 31 March 1992 on the minimum safety and health requirements for improved medical treatment on board vessels, as in force from time to time;

(i) that medical supplies are accompanied by one or more guides to their use, including instructions for use of at least the antidotes required in Annex II section III of Council Directive 92/29/EEC of 31 March 1992 on the minimum safety and health requirements for improved medical treatment on board vessels, as in force from time to time, and said guides shall be in a language and format understood by himself or his delegate according to paragraph (h);

(j) that the fishing vessel carries a medical guide adopted or approved by the Medical Council in consultation with the Director, or the latest edition of the International Medical Guide for Ships.

(2) The master shall not be constrained by the owner from taking any decision which, in the professional judgement of the master, is necessary for the safety of the fishermen on board, or the vessel and its safe navigation and safe operation.

(3) All expenses related to compliance with the obligations of this regulation shall be borne by the fishing vessel owner, at no cost for the fishermen.

(4) The fishing vessel owner shall ensure that the master is competent to perform his obligations according to these regulations, and shall provide, at his expense and as may be needed, adequate training to ensure such competence.

(5) Without prejudice to any other law, if it is proven that the fishing vessel owner did not engage a competent master according to sub-regulation (4), the fishing vessel owner and the master shall be liable for any breach of these regulations which may result in solidum in damages or other claims of compensation according to law.