SEACARE MARITIME OHS Conference 2007

1. SEACARE MARITIME OHS Conference 2007 • Seacare - integrated OHS scheme and Compensation system established 1992/93 • Single, minimalist structure – Seacare Authority • Holistic approach • Being imitated by the establishment of ASCC

2. SEACARE MARITIME OHS Conference 2007 • States, Territories and Commonwealth have separate OHS and compensation legislation structures. • Central Funds – Comcare, SA, Qld., Vic. • Managed Funds - NSW • Private Insurers – Tas, WA, ACT Where does Seacare fit in? Compensation - private insurers, employer managed claims. OHS – integrated, sets standards, AMSA inspectorate

3. SEACARE MARITIME OHS Conference 2007 • Contrast NOPSA • Safety only, not compensation/rehabililtation • Concern – lack of clarity about application of IMO conventions following “disapplication of Navigation Act and OHS(MI) Act”

4. SEACARE MARITIME OHS Conference 2007 • Petroleum (Submerged Lands) Act 1967 • Act No. 118 of 1967 as amended • 11A Disapplication of the Navigation Act 1912 and the Occupational Health and Safety (Maritime Industry) Act 1993 in adjacent areas • Disapplication of Maritime legislation • (1) The Maritime legislation does not apply in relation to a facility located in the adjacent area of a State or Territory, while it is a facility.

5. SEACARE MARITIME OHS Conference 2007 • “Maritime legislation means: • (a) the Navigation Act 1912; and • (b) the Occupational Health and Safety (Maritime Industry) Act 1993; and • (c) any subordinate legislation under either of those Acts.”

6. SEACARE MARITIME OHS Conference 2007 • NOPSA – Safety Case concept • Supervised self-regulation • Contrast with IMO conventions established and internationally agreed over many decades • Lack of transparency of Safety Case

7. SEACARE MARITIME OHS Conference 2007 • FSOs and FPSOs are subject to the ‘disapplication’ provisions of PSLA & OPA as long as they are connected • Immediately on disconnect the Navigation act and IMO Conventions apply.

8. SEACARE MARITIME OHS Conference 2007 • AMSA & multiple State maritime authorities; • Jurisdictional boundary – constitutional settlement, State waters, intra-state voyages vs inter-state & international voyages; • Alternative suggestion 500 GRT put to ATC – not pursued

9. SEACARE MARITIME OHS Conference 2007 • Long term solution? • National maritime laws for all commercial vessels – AMSA for vessel safety, - Seacare for OH&S and compensation/rehabilitation • States to retain private pleasure craft responsibility – ‘boating’ as opposed to commercial shipping.

10. SEACARE MARITIME OHS Conference 2007 • Injury target – 40% reduction over the 10 years to 2012 • Fatality target – continue zero fatalities

11. SEACARE MARITIME OHS Conference 2007 • Fatalities under Seacare system • 1993 – 28 July “Maersk Runner” Mate struck by parting wire during anchor handling operations • 1993 – 29 December “Shelf Supporter” IR crushed by skip on afterdeck • 1994 – 3 March “Australian Achiever” Cadet Engineer death by electrocution

12. SEACARE MARITIME OHS Conference 2007 • Tremendous achievement to have zero fatalities since March 1994. • Compared to other parts of maritime industry [fishing, tourism, boating] this is an almost unbelievable result. • Deaths have occurred due to - e.g.fires, explosion, asphyxiation, falls, crushing. • Major challenge to maintain that tremendous outcome.

13. SEACARE MARITIME OHS Conference 2007 • MSQ Marine Information Bulletin issued 12 January 2007 • Commercial Ships • Electrical Standards and Licensed Electricians • “What about maintenance and repairs to the electrical installations on a ship?”

14. SEACARE MARITIME OHS Conference 2007 • MSQ • “Maintenance and repairs to LV electrical installations on ships is electrical work and may only be performed by a licensed electrician.”