Despite the regulation in this area, modern slavery and poor working conditions for fishermen in Scotland recently hit the headlines after a BBC documentary. The rates of accident, death or serious injury occurring in the commercial fishing sector are well known and recent reports have also highlighted vulnerabilities of the industry to the risk of modern slavery.
Given the inherent risks of working in the commercial fishing sector and the recent headlines, we look again at the protections put in place for fishermen by the International Labour Organisation Working in Fishing Convention (ILO 188).
The ILO's working in fishing convention
The ILO 188 came into force in the UK in December 2018 and sought to improve the working and living conditions for fishermen. It applies to all fishermen and all fishing vessels engaged in commercial fishing operations and sets out the minimum standards for work within the fishing industry.
Broadly speaking, the convention covers three main topics:
- Safety at Work
- Terms & Conditions for working on a vessel
- Health
The convention entitles all fishermen to written terms and conditions of employment (a fisherman’s work agreement), decent accommodation and food, medical care, regulated working time, repatriation, social protection and health and safety on board.
Health & safety responsibilities
The overall responsibility for safety onboard a fishing vessel rests with the owner of the vessel. It is ultimately the responsibility of the owner to ensure that a safe working environment, suitable accommodation and sufficient resources are provided on board fishing vessels.
There are several duties incumbent on the owner of a fishing vessel. Key duties include:
- Ensuring the health & safety of fishermen
- Ensuring that suitable and sufficient risk assessments are carried out for all work activities on fishing vessels
- Establishing on-board procedures for the prevention of occupational accidents
It is worth noting however that whilst the ultimate responsibility for health & safety rest with the owner of a vessel, it is recognised that a fishing vessel owner may not always be present on the vessel. It is therefore the responsibility of the skipper of a vessel to ensure the safety of fishermen when on board as well as the safe operation of the vessel.
Living and working conditions
Under the ILO 188 it is required that all types of fishing vessel have certain documentation available on board a fishing vessel. Key documents include:
- Fishermen's Work Agreement
- List of all Young People
- List of all Crew
- Records of inspection of crew accommodation, food, drinking water and catering facilities
The Fishermen's Work Agreement is required for all fishermen working on a commercial fishing vessel and outlines the key agreements regarding a fisherman's work on a vessel. Broadly speaking, the agreements must:
- Details of the fisherman, vessel, employer, owner or other party (such as a crewing agency)
- The work to be carried out
- Provisions to be supplied
- Wages
- Provisions for termination, sickness, injury or death, repatriation, and minimum periods of rest.
For more information on Fishermen's Work Agreements, we previously produced a blog on this topic outlining their key requirements.
Conclusion
Compliance with ILO 188 is an important requirement for all fishing vessels in the UK. Failure to comply with the convention will be considered an offence by a fishing vessel owner and this can result in the owner being subject to a fine or other enforcement action by the MCA.
The MCA has produced some useful guidance on how to comply with the ILO 188. Here you can find more information about the health and safety and living and working requirements under the convention.
If you require any further information on this topic, please get in touch with a member of the Brodies Shipping Team.
