SUMMARY
1. Objective and Scope
2. Definitions
3. General Obligations
4. Health and Safety Provisions on Vessels
5. Medical Examinations and First Aid
6. Training and Information
Appendix I – Minimum health and safety provisions for new fishing vessels
Appendix II – Minimum health and safety provisions for existing fishing vessels
Appendix III – Means of rescue and survival
1. Objective and Scope
1.1 This Annex establishes the minimum health and safety provisions for work on board commercial fishing vessels registered with the maritime authority and licensed by the competent fishing authority.
1.1.1 Commercial fishing vessels are also subject to periodic inspections as provided in other applicable regulations.
1.2 This Annex applies to all professional fishermen and fishing vessels with a total length equal to or greater than 12 meters (twelve meters) or Gross Tonnage equal to or greater than 10 (ten) engaged in commercial fishing operations, unless otherwise specified.
1.2.1 For vessels smaller than 12 meters (twelve meters) or with a Gross Tonnage less than 10 (ten), this regulation applies as applicable.
2. Definitions
2.1 Vessel is any fishing boat, new or existing.
2.1.1 For the purposes of this Annex, a fishing vessel is any Brazilian-flagged vessel used for commercial or industrial purposes engaged in the capture, preservation, processing, or industrialization of living beings whose natural habitat is water.
2.1.2 A new fishing vessel is a vessel whose construction plans have been approved by the maritime authority after the effective date of this Annex or whose registration has occurred six months after this date.
2.1.3 An existing fishing vessel is any fishing vessel that is not a new fishing vessel.
2.2 Worker is any person engaged in professional activity on board a vessel, including those in training and apprentices, excluding shore personnel performing work on board and pilots.
2.3 Professional fisherman is a person who performs their activity on board, in all functions duly authorized by the Brazilian maritime authority, even if in training or improvement, excluding pilots and shore personnel performing work not related to the main activity.
2.4 Owner is a natural or legal person who operates their own, chartered, leased, or loaned vessels, within any modality provided for in national or international legislation, even if this is not their primary activity.
2.5 Fishing master is any fisherman duly qualified to command a vessel and manage fishing activities, being responsible for its operation.
3. General Obligations
3.1 It is the responsibility of the owner to:
a) Take necessary measures to ensure that vessels are used in a manner that does not compromise the health and safety of workers under foreseeable weather conditions; and
b) Provide the fishing master with the necessary means to fulfill the obligations assigned to them by this Annex.
3.2 In case of an accident on board resulting in death or disappearance, serious injury, or significant material damage, it is the owner’s responsibility to ensure that the fishing master, in addition to complying with legal regulations, prepares a detailed report of the incident.
3.2.1 The report must be sent, if required, to the competent labor authority.
3.2.2 The incident must be recorded in detail in the logbook or, if not available, in a specific document for this purpose.
4. Health and Safety Provisions on Vessels
4.1 New fishing vessels, or those that have undergone significant repairs or modifications, must comply with the minimum health and safety provisions set forth in Appendix I of this Annex.
4.2 Existing fishing vessels must comply with the provisions set forth in Appendix II.
4.3 Compliance with this Annex does not exempt vessels from periodic inspections as provided in other applicable regulations.
4.4 The owner is responsible, without prejudice to the responsibility of the fishing master, for:
a) Ensuring the technical maintenance of vessels, their installations, and equipment, particularly concerning the provisions of Appendices I and II of this Annex, to eliminate any defects that may affect the health and safety of workers as soon as possible;
b) Taking measures to ensure the periodic cleaning of vessels and all installations and equipment to maintain adequate hygiene and safety conditions;
c) Keeping on board appropriate life-saving and survival equipment in good working condition and in sufficient quantity, in accordance with the maritime authority’s regulations;
d) Complying with the minimum health and safety provisions concerning life-saving and survival equipment as set forth in Appendix III of this Annex and the maritime authority’s regulations;
e) Providing necessary personal protective equipment when it is not possible to sufficiently avoid or reduce health and safety risks for workers through collective protection measures or techniques, in accordance with NR-06; and
f) Ensuring the provision of sufficient food and potable water, according to the number of professional fishermen and other workers on board, the duration and nature of the voyage, and emergency situations.
5. Medical Examinations and First Aid
5.1 It is the owner’s responsibility to:
a) Cover the costs of developing and implementing the Occupational Health Medical Control Program (PCMSO) for fishermen, as provided for in NR-07;
b) Supply the vessel with necessary means for first aid on board, including a first aid book and medications, as recommended by maritime and health authorities; and
c) Ensure that there is at least one professional fisherman trained in first aid for every ten professional fishermen or fraction thereof on board.
5.2 For each medical examination performed, the responsible physician will issue an Occupational Health Certificate (ASO) in three copies.
5.2.1 The first copy of the ASO must be kept on board the vessel where the professional fisherman is serving.
5.2.2 The second copy of the ASO must be handed to the professional fisherman, with a receipt on the other two copies.
5.2.3 The third copy of the ASO must be kept by the owner or their representative on shore.
5.3 The validity of the medical examination is extended if it expires during a fishing trip, until the vessel docks at a port where the examination can be conducted, with a maximum extension of forty-five days.
6. Training and Information
6.1 Regarding professional fishermen, it is the responsibility of the owner to:
a) Require a training certificate issued by the maritime authority; and
b) Ensure the provision of adequate and comprehensible information on health and safety on board, as well as on the preventive and protective measures adopted on the vessel, without prejudice to the responsibility of the fishing master;
6.2 The training of professional fishermen must include precise instructions, especially covering:
a) Firefighting training;
b) The use of life-saving and survival equipment;
c) The proper use of fishing gear and hauling equipment; and
d) The different signaling methods, especially signal communication.
6.2.1 When there are changes in the vessel’s activities, new information must be provided whenever necessary.
6.3 It is the responsibility of the owner to ensure that any person hired to command a vessel is duly qualified by the maritime authority.
6.3.1 Specialized professional training must include, at a minimum, the following topics:
a) Prevention of occupational diseases and accidents on board and the measures to be taken in case of accidents;
b) Firefighting and the use of life-saving and survival equipment;
c) Vessel stability and maintaining stability under all foreseeable load conditions and during fishing operations; and
d) Navigation procedures and radio communication.
7. Final Provision
7.1 It is the responsibility of Fundacentro to develop and keep updated a Technical Guide, of a recommendatory nature, for the assessment and prevention of risks related to the use of fishing vessels.