Working in fishing- how to comply
Published: 26/02/2019
The International Labour Organization’s Work in Fishing Convention ILO 188 came into force in the UK in December 2018.
ILO 188 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.
Dave Fenner, MCA's Head of Fishing Safety said,
"Many fishing vessel owners are already doing much of what is required in these new regulations but to make sure you can comply with all the new regulations and in advance of your next fishing vessel inspection, we want to offer guidance on how you can meet the regulations and find the information you need."
Dave went on to say,
"The regulations cover three things:
Safety At Work;
Terms & Conditions for everyone working on the vessel;
Health.
For most owners, the priority is to check the new standards for Safety and the Terms & Conditions for workers because these requirements are in force now."
How to comply
The MCA has published the guidance you need to comply with ILO 188 and the links to the guidance are shown below and you can also e-mail questions about ILO188 to WorkInFishingConvention@mcga.gov.uk
A check list of compliance is provided here to help you:
Three main areas are: Safety, Terms & Conditions and Health.
The following lists highlight the main requirements you need to check to comply with ILO 188.
Safety
Have you done the following:
- Discussed and written a formal risk assessment for your vessel
- Checked the MGN’s below
MGN 588 ILO work in fishing convention health and safety PFDs
If after doing a written risk assessment on your vessel you can’t discount the possibility of a MOB, then you must wear a PFD on deck.
MGN 596 - Fishing safety: Helping to improve safety - Fishing Vessels
MGN 587 ILO work in fishing convention health and safety responsibilities
Terms & Conditions for Fishermen
Have you done the following:
- Written a fisherman’s work agreement for all the fishermen on your vessel
- Checked the Guidance Notes below
MGN 583 ILO work in fishing convention, fisherman’s work agreements
MGN 585 ILO work in fishing convention payment of fishermen
MGN 584 work in fishing convention repatriation
MSN 1882 ILO work in fishing convention minimum age
Health
Have you done the following:
- Checked you have your certificate of medical fitness available before the phased in dates.
- Checked the dates which apply to you. For most vessels under 24 metres and fishing inshore waters, medical fitness certificates will not be required until 2023, but it depends on where and how long you are out fishing.
- Checked the Guidance Notes below
MIN 575 ILO work in fishing convention medical certification grandfather rights
MGN 586 ILO work in fishing convention medical care
MSN 1883 ILO work in fishing convention medical examination and certification
MSN 1886 MLC and ILO 188 medical standards
If you are not getting your entitlements under the legislation, you have the right to complain to the MCA who will investigate. See MGN 589 below and complaints can be made directly to an MCA surveyor or a welfare organisation such as the Fishermen’s Mission, or e-mail workinfishingconvention@mcga.gov.uk