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Elliot  
#1 Posted : 16 January 2012 08:52:41(UTC)
Rank: New forum user
Elliot

Hi Folks

My question is, if a British seaman working on a foreign flagged vessel (owned by a British company) in Spain, has an injury that if in the UK would be reportable under RIDDOR then should it be reported to the HSE under RIDDOR?
There is nothing I can find on the HSE web site and the Maritime and Coastgurd Agency will not commit to an answer.
Any help gratefully recieved

regards Elliot
ExDeeps  
#2 Posted : 16 January 2012 09:22:14(UTC)
Rank: Super forum user
ExDeeps

Elliot,
I think you've answered your own question - the vessel involved is foreign flagged and therefore UK law does not apply, and the HSE has no remit to investigate as it's a foreign ship and in a foreign country. UK law can only start to be applied if the vessel enters UK territorial waters and then the lead organisation would be the Coastguard..
Jim
Elliot  
#3 Posted : 16 January 2012 12:26:35(UTC)
Rank: New forum user
Elliot

Thanks for that Jim, I was just making sure as our H&S Consultant is not Experience in Marine work and was terying to make it a RIDDOR

regards Elliot
bob youel  
#4 Posted : 16 January 2012 13:54:38(UTC)
Rank: Super forum user
bob youel

When next commissioning your 'competent' person I suggest that you put them through a pre qualification process that is specifically geared to your company needs inclusive of when you operate outside UK national waters on-board sea going vessels that are at sea under masters orders/control
colinreeves  
#5 Posted : 17 January 2012 14:09:38(UTC)
Rank: Super forum user
colinreeves

For a UK flagged vessel the HSE / RIDDOR system is not applicable unless the incident concerns a shore employee working on the vessel WHILST it is alongside in the UK. There is an MoU on the MCA website showing the borders between the HSE on one side and the MCA / MAIB on the other side.

For interest, the disease element is not reportable at all under maritime legislation, although this will be out for consultation soon.

Ref SI 2005 No 881.

For foreign flagged ships, see the relevant flag state rules. The HSE may have jurisdiction, but only when the vessel is alongside in a UK port.
SafetyGirl  
#6 Posted : 17 January 2012 14:42:19(UTC)
Rank: Forum user
SafetyGirl

colinreeves wrote:
For a UK flagged vessel the HSE / RIDDOR system is not applicable unless the incident concerns a shore employee working on the vessel WHILST it is alongside in the UK. There is an MoU on the MCA website showing the borders between the HSE on one side and the MCA / MAIB on the other side.

For interest, the disease element is not reportable at all under maritime legislation, although this will be out for consultation soon.

Ref SI 2005 No 881.

For foreign flagged ships, see the relevant flag state rules. The HSE may have jurisdiction, but only when the vessel is alongside in a UK port.


Am I correct in saying that under MCA / MAIB the reporting time of an accident is 3 days...? Is this up for consultation in line with the changes in RIDDOR?
colinreeves  
#7 Posted : 17 January 2012 15:03:58(UTC)
Rank: Super forum user
colinreeves

safetygirl wrote:

Am I correct in saying that under MCA / MAIB the reporting time of an accident is 3 days...? Is this up for consultation in line with the changes in RIDDOR?


I am aware that a consultation paper is being prepared - not yet published so cannot say if any changes to reporting times.

As to reporting time the regs require "as soon as practicable". Not sure where you got the 3 days from - the only reference is the same concept as the 3 day rule under RIDDOR.
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