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Industrial personnel safety certificate
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48. (1) Where, following a survey, a surveyor of ships is satisfied that an offshore service vessel meets the requirements of offshore service vessel and industrial personnel rules, he or she shall provide the owner with a declaration of survey (in this Part referred to as a “declaration of survey”) which shall include statements concerning the vessel and any other matters that arose in the course of the survey and may include conditions or restrictions placed on the vessel.
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(2) A declaration of survey shall be signed by the master or owner of the ship who shall confirm that all the information that was provided to the surveyor of ships is accurate and acknowledge any conditions or restrictions placed on the vessel.
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(3) On receipt by the Minister of a signed declaration of survey, he or she shall issue to the owner of the vessel—
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(a) in the case of an offshore service vessel of 500 gross tonnage and upwards on an international voyage, an international industrial personnel safety certificate, and
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(b) in the case of any other offshore service vessel, an Irish industrial personnel safety certificate,
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certifying compliance with offshore service vessel and industrial personnel rules.
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(4) A recognised organisation may, on behalf of the Minister, and after satisfying itself following the completion of a survey that an offshore service vessel complies with offshore service vessel and industrial personnel rules, issue to the owner of the vessel of 500 gross tonnage and upwards on an international voyage an international industrial personnel safety certificate.
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(5) An owner or master of an offshore service vessel not registered in the State shall not operate on domestic voyages unless an Irish industrial personnel safety certificate has been issued in respect of it, which certificate remains valid under this Part.
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(6) For the purpose of issuing an Irish industrial personnel safety certificate in the circumstances specified in subsection (5), the Minister may accept a declaration of compliance from a surveyor of ships based on compliance with the requirements of a flag state where the Minister is satisfied that the flag state concerned has equivalent standards to the requirements of offshore service vessel and industrial personnel rules.
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(7) An industrial personnel safety certificate shall state the period for which it is to remain valid, which period—
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(a) shall not exceed 5 years, and
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(b) may be varied by reference to—
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(i) in the case of a cargo ship, the period of validity for the vessel’s cargo ship safety construction certification,
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(ii) in the case of a high-speed craft, the period of validity for the vessel’s high speed craft safety certificate, and
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(iii) in the case of an offshore service vessel not registered in the State which is operating on domestic voyages, the period of validity for the vessel’s underlying safety certificate issued by the flag state.
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(8) An industrial personnel safety certificate shall be in such form as the Minister may prescribe and shall detail any limitations, conditions or restrictions the Minister or the recognised organisation decide to impose based on the outcome of a survey.
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(9) An industrial personnel safety certificate shall identify the maximum number of persons permitted to be accommodated or carried on board.
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(10) The owner or master of a vessel shall ensure that the number of persons carried on board does not exceed the maximum number of persons specified in the industrial personnel safety certificate.
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(11) An industrial personnel safety certificate is no longer valid where—
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(a) the cargo ship safety construction certificate or the high-speed craft safety certificate, or
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(b) in the case of an offshore service vessel not registered in the State operating on a domestic voyage, the safety certificate issued by the flag state,
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expires, is suspended or is revoked.
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(12) An owner of a vessel to whom subsection (11)(b) applies shall notify the Minister immediately on the occurrence of the event referred to in that provision.
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(13) Where an industrial personnel safety certificate has been issued to an Irish offshore service vessel, the owner or master shall not make changes to the structure, equipment or fittings of the vessel to which the certificate applies, without the prior approval of the Minister, other than to replace or repair any defective equipment or fittings and any replacement equipment or fittings shall be of the same or a higher standard in order to ensure that the safety of the vessel is maintained.
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(14) An owner or master of an offshore service vessel shall not operate the vessel unless an industrial personnel safety certificate has been issued in respect of it, which certificate remains valid under this Part.
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(15) The master of an offshore service vessel carrying or accommodating industrial personnel shall not proceed to sea without a valid industrial personnel safety certificate pertaining to the vessel being carried on board.
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(16) A person who fails to comply with subsection (5), (10), (12), (13), (14) or (15) commits an offence and is liable on summary conviction to a class A fine.
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