the same as medical fitness,
49 the fitness for duty provisions
50 address the impairment of seafarers’ ability to work due to fatigue. The 2010 Manila amendments
extended the notion of “fitness for duty” to include provisions to prevent drug and
alcohol abuse. By requiring minimum rest periods only for watchkeeping personnel
(1995 amendments) and later also for “those whose duties involved designated
safety, prevention of pollution and security duties” (2010 amendments),
51 the IMO
responded to casualty investigation findings which demonstrated that fatigue was a
contributing factor in numerous high-profile industrial and maritime accidents
including Herald of Free Enterprise in 1987 and Exxon Valdez in 1989.
The IMO move to regulate working time as part of seafarer competence standards
seems counter-intuitive as this field belongs to the ILO scope of work to promote
working conditions and occupational safety and health (OSH). However, it can be
argued that IMO’s role/mandate to enhance safety of ships covers the need to address
fitness for duty as a competency
52 issue and as a corollary to the SOLAS requirements for sufficiency and efficiency of manning.
53 Indeed, the phrase “the danger
posed by fatigue OF seafarers” (emphasis added) used in Section A-VIII/1 paragraph 1 of the STCW Code, illustrates the restricted nature of the regulation. Its
purpose is to protect the ship and related assets from “fatigued seafarers” with
impaired cognitive abilities. This wording obviously differs from a phrase such as
“the danger posed by fatigue TO seafarers” which implies the need to protect both
individuals (primarily) and the ship from the effects of fatigue, thus bringing into
view occupational health and safety, an area covered more properly by the Maritime
Labour Convention, 2006. Moreover, STCW focuses on “those whose duties
involve designated safety, prevention of pollution and security duties” which
reduces the scope of the Convention to crew considered vital for safe ship conduct.
By narrowing its approach of fatigue to ship safety, the IMO disconnects working
time from occupational safety and health and welfare.
54
49 Covered by Regulation I/9 of the Convention.
50 Found in Regulation VIII/1 of the Convention and in the accompanying Sections A-VIII/1 and
Section B-VIII/1 in the STCW Code.
51 Section A-VIII/1 of the STCW Code.
52 The notion of competency in work performance is not original to the STCW Convention. The
notion is drawn management theory in general and has been described as those characteristics
including “knowledge, skills, aspects of self-image, social motives, traits, thought patterns, mindsets, and ways of thinking, feeling and acting” that when used, whether singularly or in various
combinations, result in successful performance. (See Dubois and Rothwell (2004)).
53 SOLAS Regulation V/14.
54 This approach, however, raises other issues/challenges. By introducing the notion of “hours of
rest”, the IMO appears not to have integrated the ILO’s earlier attempts to address hours of work
and manning at sea. With the entry into force of the 1995 amendments, the STCW became the first
instrument to address (partially) working time specifically for seafarers (by regulating hours of rest).
From 1936 to 1958, the ILO had strived to regulate working time of seafarers using its working time
norm established in 1919: 8-h day and 48-h week (ILO Convention No. 1). However, none of the
maritime instruments adopted during this period reached entry-into-force thresholds. The introduction of minimum rest periods as a reference system for working time in the maritime domain
The Evolution of Seafarer Education and Training in International Law
487
49 the fitness for duty provisions
50 address the impairment of seafarers’ ability to work due to fatigue. The 2010 Manila amendments
extended the notion of “fitness for duty” to include provisions to prevent drug and
alcohol abuse. By requiring minimum rest periods only for watchkeeping personnel
(1995 amendments) and later also for “those whose duties involved designated
safety, prevention of pollution and security duties” (2010 amendments),
51 the IMO
responded to casualty investigation findings which demonstrated that fatigue was a
contributing factor in numerous high-profile industrial and maritime accidents
including Herald of Free Enterprise in 1987 and Exxon Valdez in 1989.
The IMO move to regulate working time as part of seafarer competence standards
seems counter-intuitive as this field belongs to the ILO scope of work to promote
working conditions and occupational safety and health (OSH). However, it can be
argued that IMO’s role/mandate to enhance safety of ships covers the need to address
fitness for duty as a competency
52 issue and as a corollary to the SOLAS requirements for sufficiency and efficiency of manning.
53 Indeed, the phrase “the danger
posed by fatigue OF seafarers” (emphasis added) used in Section A-VIII/1 paragraph 1 of the STCW Code, illustrates the restricted nature of the regulation. Its
purpose is to protect the ship and related assets from “fatigued seafarers” with
impaired cognitive abilities. This wording obviously differs from a phrase such as
“the danger posed by fatigue TO seafarers” which implies the need to protect both
individuals (primarily) and the ship from the effects of fatigue, thus bringing into
view occupational health and safety, an area covered more properly by the Maritime
Labour Convention, 2006. Moreover, STCW focuses on “those whose duties
involve designated safety, prevention of pollution and security duties” which
reduces the scope of the Convention to crew considered vital for safe ship conduct.
By narrowing its approach of fatigue to ship safety, the IMO disconnects working
time from occupational safety and health and welfare.
54
49 Covered by Regulation I/9 of the Convention.
50 Found in Regulation VIII/1 of the Convention and in the accompanying Sections A-VIII/1 and
Section B-VIII/1 in the STCW Code.
51 Section A-VIII/1 of the STCW Code.
52 The notion of competency in work performance is not original to the STCW Convention. The
notion is drawn management theory in general and has been described as those characteristics
including “knowledge, skills, aspects of self-image, social motives, traits, thought patterns, mindsets, and ways of thinking, feeling and acting” that when used, whether singularly or in various
combinations, result in successful performance. (See Dubois and Rothwell (2004)).
53 SOLAS Regulation V/14.
54 This approach, however, raises other issues/challenges. By introducing the notion of “hours of
rest”, the IMO appears not to have integrated the ILO’s earlier attempts to address hours of work
and manning at sea. With the entry into force of the 1995 amendments, the STCW became the first
instrument to address (partially) working time specifically for seafarers (by regulating hours of rest).
From 1936 to 1958, the ILO had strived to regulate working time of seafarers using its working time
norm established in 1919: 8-h day and 48-h week (ILO Convention No. 1). However, none of the
maritime instruments adopted during this period reached entry-into-force thresholds. The introduction of minimum rest periods as a reference system for working time in the maritime domain
The Evolution of Seafarer Education and Training in International Law
487