General duty of shipowner, master, employer5

1

It is the duty of the persons mentioned in paragraph (2) to ensure that a seafarer in relation to a ship to which this regulation applies is provided with at least the minimum hours of rest.

2

The persons are—

a

the shipowner in relation to the ship;

b

the master of the ship; and

c

where the seafarer is an employed seafarer, the seafarer's employer.

3

A muster, drill or training session held pursuant to the Merchant Shipping (Musters, Training and Decision Support Systems) Regulations 1999 M1

a

may require the participation of a seafarer during the seafarer's hours of rest, but

b

must be conducted in a manner which minimises disturbance of the seafarer's hours of rest and does not induce fatigue.

4

A seafarer who is on-call on board ship—

a

may be required to do call-outs during hours of rest, but

b

must be provided with an adequate compensatory rest period for any call-out work done during hours of rest.

5

Nothing in this regulation restricts the operation of regulation 6 of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Employment of Young Persons Regulations 1998 M2 (rest periods for young persons).

6

This regulation is subject to regulation 11.