Occupational Health and Safety (Maritime Industry) Amendment Regulations 1999 (No. 1)
Statutory Rules 1999 No. 101
I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations under the Occupational Health and Safety (Maritime Industry) Act 1993.
Dated 9 June 1999.
WILLIAM DEANE
Governor-General
By His Excellency’s Command,
PETER REITH
Minister for Employment, Workplace Relations
and Small Business

Occupational Health and Safety (Maritime Industry) Amendment Regulations 1999 (No. 1)1
Statutory Rules 1999 No. 1012
made under the
Occupational Health and Safety (Maritime Industry) Act 1993

Contents
	Page
	1	Name of regulations	1
	2	Commencement	1
	3	Amendment of Occupational Health and Safety (Maritime Industry) Regulations	1
Schedule 1	Amendments	1

1	Name of regulations
		These regulations are the Occupational Health and Safety (Maritime Industry) Amendment Regulations 1999 (No. 1).
2	Commencement
		These regulations commence on 1 July 1999. 
3	Amendment of Occupational Health and Safety (Maritime Industry) Regulations
		Schedule 1 amends the Occupational Health and Safety (Maritime Industry) Regulations.

Schedule 1	Amendments
(regulation 3)
[1]	Regulation 1
substitute
1	Name of regulations
		These regulations are the Occupational Health and Safety (Maritime Industry) Regulations 1995.
[2]	Regulation 2, definitions of business hours and telecommunication
omit
[3]	Regulations 10, 11, 12, 13 and 14
substitute
10	Definition for Part 4
		In this Part:
incident means:
	(a)	an accident of a kind described in paragraph 107 (1) (a) or (b) of the Act; or
	(b)	a dangerous occurrence.
11	Period of incapacity requiring notice and report
		For paragraph 107 (1) (b) of the Act, a period of 5 successive days or more is prescribed.
12	Notifying incidents
	(1)	The requirements in this regulation are prescribed for paragraph 107 (2) (a) of the Act.
	(2)	The operator must give notice of an incident to the Inspectorate within 4 hours of becoming aware of the incident.
Penalty:   10 penalty units.
	(3)	However, if it is not reasonably practicable for the operator to give notice to the Inspectorate within 4 hours, the operator must give notice to the Inspectorate as soon as practicable after the end of that time.
	(4)	The notice:
	(a)	must be in accordance with Form 6 (Incident alert); and
	(b)	may be given to the Inspectorate by any practicable means.
13	Reporting incidents
	(1)	The requirements in this regulation are prescribed for paragraph 107 (2) (b) of the Act.
	(2)	The operator must give a report about an incident to the Inspectorate within 72 hours of becoming aware of the incident.
Penalty:   10 penalty units.
	(3)	However, if it is not reasonably practicable for the operator to give the report to the Inspectorate within 72 hours, the operator must give the report to the Inspectorate as soon as practicable after the end of that time.
	(4)	The report must be:
	(a)	in accordance with the relevant parts of Form 7 (Incident report); and
	(b)	given to the Inspectorate by sending it to the postal address, facsimile number, or electronic mail address stated in the form.
[4]	Regulation 15
omit
of an accident or a dangerous occurrence
insert
about an incident
[5]	Schedule, Form 6
substitute
Form 6	Incident alert
(subregulation 12 (4))

INCIDENT ALERT
	
SHIP DETAILS	
Ship’s name	
IMO number	Flag	
Call sign	Satcom number
	
Master	
Gross tonnage
	No. of persons on board	
Class society	
Propulsion	IOPP certificate date of issue 	
o  Container	o Tanker	o  Bulk Carrier	o Tug 	o  OSV  	o  Other	
Operator’s name and address	
Responsible Officer (ISM designated person)	Contact number 	
Agents and P&I Club	

INCIDENT DETAILS		
Voyage
From 	
To	
Ship’s Location
(eg port, at sea, lat, long)		
Location on ship where
incident occurred		
Date & time
of incident    /     /                           am/pm	No. of persons
 involved	
Nature of Incident		
o Collision	o MARPOL ship defects	
o Grounding	o Serious personal injury	
o Fire	o Death	
o Structural failure	o Disappearance	
o Flooding	o Loss	
o Machinery failure	o Presumed lost	
o Cargo gear	o Close quarters situation	
o Pilotage	o Births	
o Dangerous goods	o Other (specify)	

DESCRIPTION OF INCIDENT/DAMAGE
Note: If incident occurred under Pilotage, include name of pilot	

	

		
OTHER RELEVANT INFORMATION	

		

Form 7	Incident report
(subregulation 13 (4))

INCIDENT REPORT
Note: This form must be forwarded within 72 hours of the incident by the ISM Code Designated Person or equivalent to:
General Manager, Ship & Personnel Safety Services, AMSA
GPO Box 2181 Canberra ACT 2601 Australia
Fax: +61 2 6279 5966
E-mail: Reports@amsa.gov.au
For further information please call 1800 021 098	
Ship’s name		
IMO number 	Flag	
Call sign	Satcom number	
Master		
Gross tonnage 	Propulsion	
Class society		
Operator’s name and address
		
Agents and P&I Club		
Date & time of incident 	Ship’s location (eg port, at sea, lat, long)

PART 1 - To be completed if reporting under Marine Orders Part 32	
Person-in-charge		
Employer of person-in-charge		
Incident		
o   Injury  	If injury, complete parts 4 - 8 	
o   Gear failure  	If gear failure, complete parts 5 - 8	
o   Dangerous Goods 	If dangerous goods, complete parts 5 - 8	
PART 2 - To be completed if reporting under sections 268, 269 and 417 of the Navigation Act 1912 (other than births) and regulation 4 of the Navigation (Marine Casualty) Regulations	
Voyage
To	
From		
Incident description			
o  Grounding 	o  Foundering 	o  Stranding	
o  Collision 	o  Capsize 	o  Flooding	
o  Fire 	o  Explosion 	o  Machinery failure	
o  Structural failure 	o  Close quarters 	o  Disappearance	
o  Loss 	o  Presumed lost 	o  Injury	
o  Death 	o  Dangerous
      occurrence		
o  Other (specify)			
Place of incident			
o  Machinery spaces 	o  Accommodation block 	o  Galley	
o  Deck/cargo spaces	o  Gangway/pilot ladder 	o  Wharf	
o  Other (specify)			
Crew numbers 	Passenger numbers 	Cargo	

PART 3 - To be completed if reporting under section 417 of the Navigation Act 1912 - Births	
Child’s name		Gender
M / F	
 Date of birth 	Place		
Mother’s full name			
Town & country of birth 		Australian resident Yes / No	
Father’s full name			
Town & country of birth 		Australian resident Yes / No	
Note: Part 4 relates to personal injury.  If more than one person is affected complete Part 4 on a separate form for each person.	

PART 4 - To be completed if reporting under section 107 of the Occupational Health and Safety (Maritime Industry) Act 1993	
Name of affected person				
Date of birth		Gender  M / F	PIN	
Home address
				
Australian resident  
Yes / No	Town & country of birth			
Capacity				
o  Crew  	o  Contractor	o	Waterside worker 	o  Supplier	
o  Watchkeeper 	o  Other (specify) ..........................................			
show watch period: from ............... to .................Time since last rest period: ............	
Logbook entry date		Rank		
Hours of duty
     Time on: 		
Time off:	Hours before duty	
Affected area				
o  Head (1) 	o  Eyes (1) 	o  Trunk (3) 	o  Arms (4)	
o  Hands (4) 	o  Legs (5) 	o  Internal (7) 	o  Back (3)	
o  Neck (2) 	o  Fingers (4) 	o  Feet (5) 	o  Toes (5)	
o  Other (specify)				
Type of injury				
o  Drowning (150) 	o  Crushing (100) 	o  Laceration (060/080)		
o  Burns & scalds (120) 	o  Hernia (450) 	o  Fracture (020/010)		
o  Electric shock (150) 	o  Amputation (070) 	o  Foreign Body (110/090)	
o  Abrasion (090) 	o  Bruising (100) 	o  Asphyxia (110/150/140)	
o  Strain & sprain (040) 	o  None			
o  Other (specify)				
Result of incident 				
o  Death 	o  Serious Injury 	o  Minor Injury		
o  Near miss 	o  Temporary disability 	o  Partial disability		
o  Permanent disability 	o  Disappearance 	o  Time off work		
o  None 	o  Other (specify)			

Incident factors 		
o  Machinery and (mainly) fixed plant (1)		
o  Mobile plant and transport (2)		
o  Powered equipment, tools and appliances (3)		
o  Non-powered hand tools, appliances and equipment (4)		
o  Chemicals and chemical products (5)		
o  Materials and substances (6)		
o  Environmental agencies (7)		
o  Animal, human and biological agencies (8)		
o  Other and unspecified agencies (9)		
Cause of injury/illness		
Date left ship 	Expected period
of incapacity	
Treatment given on board ship

		
PART 5 - Explanation and Description
State cause and give names and addresses of any witnesses
Attach additional pages if necessary		

		
PART 6 - Incident Narrative
Attach additional pages if necessary		

		
PART 7 - Action taken to prevent similar occurrences		

		
PART 8 - Details of person completing report		
Name		
Position	Contact number	
Signature 	/      /	

Notes
1.	These regulations amend Statutory Rules 1995 No. 17.
2.	Made by the Governor-General on 9 June 1999, and notified in the Commonwealth of Australia Gazette on 17 June 1999.