3/24/2020 Legislative Decree 271/99

ITALIAN PARLIAMENT

Legislative Decree 27 July 1999, n. 271

"Adaptation of the legislation on the safety and health of seafarers on board domestic fishing
merchant vessels, in accordance with Law no. 485 of 31 December 1998"

published in the Official Gazette no. 185 of 9 August 1999 - Ordinary Supplement no. 151

THE PRESIDENT OF THE REPUBLIC

Having regard to Articles 76 and 87 of the Constitution;

Having regard to the law 31 December 1998, n. 485, concerning delegation to the Government on job security in the maritime port
sector;

Given the law of 16 June 1939, no. 1045, concerning the conditions of hygiene and habitability of the crews on board the national
merchant ships;

Having regard to the law 2 August 1952, n. 1305, concerning the ratification and execution of international labor conventions n. 68 on
the supply service on board ships and no. 69 concerning the diploma of professional ability of the chefs on board;

Having regard to the law of 10 April 1981, no. 157, concerning the ratification and execution of international labor conventions n. 109
relating to the duration of the work on board and the staff of the crew, n. 134 on the prevention of accidents of seafarers and n.139 on
the prevention and control of professional risks caused by substances and carcinogens;

Having regard to the London Convention on the Protection of Human Life at Sea referred to in Law No. 313 of 23 May 1980, and
subsequent amendments hereafter called the Solas Convention;

Having regard to the law of 10 April 1981, no. 158, concerning the ratification and execution of international labor conventions n. 92
and n. 133 on crew quarters on board ships;

Having regard to the law of 10 April 1981, no. 159, concerning the ratification and execution of the international labor convention
n.147 relating to the minimum safety standards to be observed on merchant ships;

Given the decree of the President of the Republic 8 November 1991, n. 435, concerning regulation for the safety of navigation and
human life at sea;

Given the legislative decree 19 September 1994, n. 626, concerning the implementation of community directives concerning the
improvement of the safety and health of workers in the workplace, and subsequent amendments and additions;

Given the legislative decree 25 November 1996, n. 624, concerning the implementation of Directive 92/91 / EEC relating to the safety
and health of workers in the extractive industries for drilling and Directive 92/104 / EEC relating to the safety and health of workers in
the open-pit or underground extractive industries;

Given the preliminary determination of the Council of Ministers, adopted at the meeting of May 28, 1999; Having acquired the opinions
of the competent Commissions of the Chamber of Deputies and of the Senate of the Republic; Given the resolution of the Council of
Ministers adopted at the meeting of 23 July 1999; On the proposal of the Minister of Transport and Navigation;

ISSUES
the following legislative decree:

Art. 1
Object
1. This Decree aims to adapt existing legislation on safety and health of workers at work, the particular needs of the services
performed on all ships or units' set out in Article 2, in order to:
a) to ensure, in the area of occupational safety, the protection of health and prevention from accidents and occupational diseases;
b) determine the specific obligations and responsibilities of shipowners, seafarers and other interested parties in relation to the risk
assessment on board ships;
c) to establish, in matters of occupational hygiene, the criteria relating to the conditions of hygiene and habitability of the crew quarters;
d) define the criteria relating to the organization of the on-board prevention, hygiene and safety system and to the use of personal
protective equipment;
e) define the duration of the working time and rest period of the maritime staff;

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f) dictate the safety measures in the presence of particular risk conditions;
g) ensure the information and training of the crews;
h) provide the criteria for the issue of the certifications and attestations of the training.

Art. 2
Field of application
1. The rules of this decree apply to maritime workers embarked on board all new and existing ships or merchant units, used for
maritime navigation and fishing as well as to merchant ships or units under temporary suspension of the flag , to fast units and mobile
platforms.

Art. 3
Definitions
1. For the purposes of this decree, the following definitions apply:
a) ship: any construction used for commercial purposes, for the maritime transport of goods or passengers, for fishing or any other
commercial purpose;
b) new ship: any ship whose keel has been set up, or which was at an equivalent stage of construction, on or after the date of entry into
force of this decree;
c) existing ship: any ship that is not new;
d) fast units: units as defined in rule 1 of chapter X of the SOLAS international convention and to which the International Code of Safety
for High Speed - HSC Code applies;
e) mobile platforms: intended for the drilling service of the seabed for the research and exploitation of the seabed and its subsoil;
f) temporary suspension of the flag: the period of time in which, pursuant to the provisions of articles 28 and 29 of law no. 234, the ship
or merchant unit is authorized to temporarily dismiss the flag;
g) Ministry: the Ministry of Transport and Navigation Department of maritime and inland navigation - Management unit for maritime and
inland waterway transport;
h) Maritime Authority: peripheral body of the Ministry of Transport and Navigation and, abroad, the consular authorities;
i) supervisory bodies: the maritime authority, the local health unit companies and the maritime health offices;
l) shipowner: the person in charge of operating the shipping company, whether or not he owns the ship, or the owner of the
employment relationship with the crew;
m) competent doctor: doctor in possession of one of the qualifications indicated in article 2, letter d) of the legislative decree no. 626 as
replaced by article 2 of legislative decree 19 March 1996, n. 242;
n) maritime worker: any person belonging to the crew who performs, for any reason, service or work activity on board a ship or
merchant unit or fishing vessel;
o) personnel assigned to general and complementary services: personnel on board who are not part of the crew or of the passengers
and are not employed for on board services;
p) work environment: all the premises on board a merchant or fishing unit frequented by the seafarer worker;
q) work premises: all on-board premises, closed or open, where maritime workers normally carry out their work activity on board and in
which there are propulsion machinery, boilers, auxiliary equipment, generators and machinery electrical, control or command devices,
rooms for loading, depots, workshops;
r) service rooms: means the spaces used for kitchens and adjoining rooms, the rooms intended for medical facilities (on-board hospital,
isolation cabin), closets and storage rooms;
s) accommodation rooms: they include the cabins, the canteen, the meeting rooms, the rooms used for the toilets, the rooms for the
offices.

Art. 4
Exclusions
1. The provisions of this decree do not apply to:
a) ships or units belonging to the military, customs, police and fire brigade administrations, or directly exercised by them, to civil
protection services and ships used the transport of troops, pursuant to article 1 of the legislative decree 19 September 1994, n. 626, as
modified by the legislative decree 19 March 1996, n. 242;
b) pleasure boats that are not used in commercial traffic activities;
c) ships in which the sail constitutes the main means of propulsion, even if equipped with an auxiliary engine.

Art. 5
General protection measures
1. On board all the ships or units referred to in Article 2 - for the purpose of accident prevention and occupational hygiene of seafarers
- the following protective measures are implemented:
a) assessment of risk situations for the health and safety, connected to the exercise of working activity on board;
b) elimination of the risks deriving from the use of materials harmful to the health of the worker, by means of replacements to be carried
out in accordance with the technologies available in the sector of ship design and construction, and, if this is not possible, minimization
of their use on board ;
c) reduction of risks at source;
d) planning of prevention activities in close relationship with the technical-operational management of the naval unit, also in order to
limit to a minimum the number of maritime workers who are, or may be, exposed to risk;
e) replacement of what is dangerous with what is not, or is less dangerous;
f) respect for ergonomic principles in the design and construction of work rooms, in the choice of work equipment and in the definition of
work methods, also in order to limit fatigue factors;
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g) priority of collective protection measures over individual protection measures;

h) collective and individual protection measures;
i) limited use of chemical, physical and biological agents on board ships;
l) preparation of a worker health check program based on the specific risks identified in the assessment referred to in letter a);
m) removal of the maritime worker from exposure to risk for health reasons inherent to his person;
n) suitable hygiene measures;
o) emergency measures in the event of rescue operations, fire prevention, ship abandonment and serious and immediate danger;
p) use of suitable safety signs;
q) correct and regular maintenance of the workplace, service rooms and accommodation rooms as well as work equipment, with
particular regard to safety devices in accordance with the manufacturers' instructions;
r) information, training, consultation and participation of seafarers in matters relating to accident prevention, hygiene and safety at work
on board;
s) instructions for workers, appropriate to the work activity to be carried out on board.

2. The measures relating to the prevention of accidents, hygiene and safety at work on board are the responsibility of the shipowner
and must in no case entail financial charges for seafarers.

Art. 6
Obligations of the Owner and the Captain
1. The owner of the ships or units referred to in Article 2 in relation to the technical-operational characteristics of the unit, assesses
the risks to the safety and health of seafarers by preparing the environmental safety plan of work that must contain the following
elements:
a) detailed project of the unit - in which the arrangements concerning the work environment are reported;
b) technical specification of the unit, including all elements deemed useful for examining the conditions of hygiene and safety at work
present on board the ship;
c) technical report on the assessment of the risks for the protection of the health and safety of the seafarer worker connected to the
carrying out of the working activity on board; the report specifies the criteria adopted for the assessment itself and the measures for the
prevention and protection of workers, as well as the program for implementing any improvements to the hygiene and safety levels on
board.

2. The documentation referred to in paragraph 1, drawn up by technical personnel of the shipbuilding referred to in article 117 of the
navigation code and article 275 of the relative implementation regulation, is sent, by the owner, to the Ministry for the purposes of
approval according to the following methods:
a) for new ships or units: at least six months before entry into service;
b) for existing ships or units: within six months from the date of entry into force of this decree;
c) for ships or units purchased abroad: at the time of application for registration of the unit and in any case not later than three months
from the aforementioned date;
d) for ships undergoing transformation or modification: at least six months before

3. The safety plan is integrated and updated whenever changes or transformations are made on board in accordance with the
provisions of article 33, paragraph 3.

4. For units used for technical-nautical and port services, for new and existing ships or merchant units of less than 200 gross tonnage
and for new and existing fishing vessels of less than 24 m in length, or with crew up to to six units of rigging chart, the documentation
referred to in paragraph 2, self-certified by the owner or owner, is not sent to the Ministry for approval but is kept on board and
exhibited at the request of the surveillance, in order to verify compliance with the provisions of this decree.

5. The shipowner and the captain of the ship, within their respective duties and competences, are obliged to:
a) designate the manager of the prevention and protection service for maritime workers in compliance with the provisions of art. 12,
paragraphs 1, 2 and 5;
b) designate the personnel assigned to the prevention and protection service in compliance with the provisions of art. 12, paragraphs 1,
2 and 5;
c) designate the competent doctor referred to in Article 23;
d) organize work on board, so as to minimize the fatigue factors listed in Annex I and check compliance with the duration of work on
board in accordance with the provisions of this decree and the national collective agreements of the category;
e) inform maritime workers of the specific risks to which they are exposed in carrying out their normal work activities and train them on
the correct use of work equipment as well as personal protective equipment;
f) limit to a minimum the number of seafarers exposed on board to toxic and harmful agents for health, as well as the duration of the
period of exposure to these harmful agents, also by isolating the areas or premises affected by the presence of agents, and prepare a
targeted health surveillance program;
g) provide seafarers with the necessary individual safety and protection devices, in compliance with current regulations and maintain
their efficiency conditions;
h) to inform maritime workers on the procedures to be implemented in emergencies, particularly for the fire on board and the
abandonment of the ship, as indicated in the current safety regulation adopted by decree of the President of the Republic of 8 November
1991, no. 435 hereinafter referred to as the security regulation;
i) training and training maritime personnel in matters of hygiene and safety of the working environment on board by preparing
appropriate operating manuals which are easy to consult;
l) requires compliance by maritime workers with hygiene and safety standards and the use of individual means of protection made
available to them;
m) keep on board the individual naval unit and update the "accident register", referred to in article 25, paragraph 2, in which the
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accidents occurred to workers and the type of accident are noted;
n) guarantee the conditions of efficiency of the working environment and, in particular, the regular technical maintenance of the
systems, on-board equipment and safety devices;
o) allow seafarers, through the safety representative, to verify the application of safety and health protection measures and allow the
representative himself to access company information and documentation as indicated in art. 16 paragraph 2, letter d);
p) provide and make available to the crew the entire collection of national and international regulations, technical documentation; the
manual referred to in article 17 and the guide referred to in article 24 paragraph 4, and the safety procedures useful for carrying out on-
board working activities in safe conditions;
q) implement adequate technical and organizational measures to minimize the risks associated with the use of work equipment on board
and prevent them from being used for operations or in conditions for which they are not suitable;

6. The shipowner cannot delegate the fulfilments foreseen by paragraphs 1, 2, 3, 4 and 5 letter a).

Art. 7
Obligations of the ship's captain
1. Without prejudice to the provisions of the navigation code and the related implementation regulation as well as the current rules on
navigation safety, the ship's captain must:
a) issue procedures and instructions for the crew, relating to hygiene , health and safety at work, in a clear and understandable form;
b) report to the shipowner, after hearing the on-board prevention and protection service referred to in article 13, the deficiencies and
anomalies found that may compromise the hygiene, health and safety of work on board;
c) evaluate, in agreement with the prevention and protection service, the type of accidents that occurred to the seafarer worker on
board and communicate this data to the shipowner;
d) to designate, among the crew members, the seafarers in charge of the implementation of the preventive measures in emergency
situations, also in relation to the provisions of article 203 of the safety regulation;
e) inform the shipowner and the safety representative referred to in Article 16, in the event that unforeseeable events or accidents that
may pose risks to the health and safety of workers occur on board and take appropriate measures to identify and remove the cause of
the event and minimize the risks to workers.

Art. 8
Obligations of the seafarer worker
1. The seafarer worker on board the ships or units referred to in Article 2 must:
a) observe the measures ordered by the shipowner and the master of the ship, for the purposes of hygiene and safety of the working
environment in board;
b) not to carry out operations or maneuvers on their own initiative that could compromise their own safety and that of other workers;
c) correctly use the work equipment, substances and technical-sanitary devices on board, as well as the individual protection devices
provided by the owner;
d) report to the ship's captain or to the head of the prevention and protection service referred to in article 13 any deficiencies of the
aforementioned devices and means of protection, informing the representative of the safety of the working environment referred to in
article 16;
e) cooperate, together with the shipowner and the captain or the head of the prevention and protection service, in order to fully
implement all the obligations imposed by the supervisory and inspection bodies or in any case necessary to protect safety and health
maritime workers at work;
f) undergo health checks in accordance with the provisions in force;
g) implement, with diligence, the procedures envisaged in the emergency cases referred to in paragraph 5 letter h) of article 6.

Art. 9
Obligations of designers, builders, suppliers and installers
1. Without prejudice to the provisions of article 6 of legislative decree 19 September 1994, n. 626 as modified by the legislative decree
19 March 1996, n. 242, the designers and builders of national merchant and fishing vessels must respect the general principles of
prevention regarding the protection of health and safety at work on board, in accordance with the provisions of this decree and with the
provisions, respectively, of the article 232 of the navigation code and article 275 of the relative implementation regulation, supplemented
by the provisions contained in article 20 of law no. 234 and in the decree of the Minister of the merchant navy 18 February 1992, n. 280.

Art. 10
Contract or work contract
1. In the event of the assignment of works or services on board the merchant or national fishing vessel, to contracting companies or
to self-employed workers, the owner must:
a) verify the technical-professional suitability of the contracting companies or self-employed workers in relation to the works to be
awarded in the contract or work contract, in accordance with the provisions of article 68 of the Navigation Code;
b) provide the same subjects with detailed information on the specific risks existing on board the ships and in the premises involved in
the contracted activities and on the related measures to prevent and protect against occupational risks to be adopted;
c) provide instructions to the on-board prevention and protection service referred to in article 13 of this decree, in order to coordinate
the protection measures referred to in paragraph 2 letter b) with the activities covered by the contract or contract d 'Opera.

2. The owner of the contracting company or the self-employed worker and the shipowner must:
a) cooperate in the implementation of the risk prevention and protection measures referred to in paragraph 1 letter b), accidents on the
activities covered by the contract or work contract;
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b) coordinate the protection and risk prevention measures of its workers, in order to avoid interference with the on-board work activity
connected with the navigation.

3. The shipowner promotes the cooperation and coordination referred to in paragraph 2. This obligation does not extend to the
specific risks inherent in the activity of contracting companies or individual self-employed workers.

Art. 11
Working hours on board merchant and fishing vessels
1. "Duration of work on board the ship" means the time during which a seafarer worker is required to carry out the work related to
navigation. In addition to normal navigation and port activities, the duration of work on board
includes : a) appeals for emergency firefighting and ship abandonment exercises, as well as all the exercises prescribed by the safety
regulation and the London Convention on safeguarding of human life at sea as per law 23 May 1980, n. 313 and subsequent
amendments hereafter referred to as the Solas Convention;
b) the activities required by the captain concerning the safety of navigation, in case of danger for the crew and the ship;
c) on-board hygiene and safety training activities, in relation to the duties performed;
d) ordinary ship maintenance activities;
e) the activities requested by the master in the case of rescue operations to other merchant units or fishing or rescue operations to
people.

2. "Hours of rest" means time not included in the duration of the work; this expression does not include short breaks.

3. Without prejudice to the provisions contained in the national collective agreements of category, the duration of the working time of
the seafarer worker, on board the merchant ships and fishing vessels, is established in eight daily hours, with one day of rest at week, in
addition to vacation days.

4. The limits of working time or rest time on board ships are as follows:
a) the maximum number of working hours on board must not exceed:
1. 14 hours in a 24-hour period;
2. 72 hours for a seven day period;
or:
b) the minimum number of hours of rest is not less than:
1. 10 hours in a 24-hour period;
2. 77 hours over a seven-day period.

5. The hours of rest cannot be divided into more than two

distinct periods, one of which is at least 6 consecutive hours, e

the interval between the two consecutive rest periods must not exceed

it is 14 hours.

6. The activities referred to in letters a), b), c), d) and e) of paragraph 1 are carried out, as far as possible, so as not to disturb the
rest periods and not to cause fatigue.

7. In situations where the seafarer is available to make calls, the seafarer will have to take advantage of an adequate compensatory
rest period if the normal duration of his rest period is interrupted by a work call.

8. For ships used on short-term trips and for the particular types of ships used in port services, collective bargaining may derogate
from the provisions of paragraphs 4 and 5, taking into account more frequent or more rest periods long or the granting of compensatory
rests to seafarers employed on call or to seafarers operating on board.

9. On board all national merchant ships and fishing and 'posted in an easily accessible place and in Italian and English language, a
table with the organization of board service, which includes for each job position:
a) the timetable of the navigation service and the port service;
b) the maximum number of hours of work or the minimum number of hours of rest required pursuant to this decree or collective
agreements in force.

10. A copy of the collective agreement is kept on board, available to all workers on board and to the supervisory bodies.

Art. 12
Prevention and protection service - general criteria
1. The shipowner shall designate for each naval unit, among the crew on board, one or more persons who will carry out the duties of
the prevention and protection service, as well as the person in charge of the service itself, after hearing the representative for
environmental safety of work referred to in Article 16.

2. The personnel referred to in paragraph 1 is representative of the various categories of crew on board and is sufficient in number, in
relation to the type of unit and the type of navigation, to carry out the task received. It must also possess the necessary professional
skills and must receive, from the owner, all the appropriate information on work hygiene and safety on board, as well as adequate
resources for the assigned task.

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3. Personnel appointed to the on-board prevention and protection service cannot be prejudiced by the performance of their duties
connected with the performance of their duties.

4. The names of the designated personnel are noted in the crew role or in the license and a note is attached to this annotation stating,
with reference to the individual designated persons:
a) the tasks performed within the prevention service and protection on board;
b) the professional curriculum.

5. For units used for technical-nautical and port services, for new and existing national merchant ships or units of less than 200 gross
tonnage and for new and existing fishing vessels of less than 24 m in length with crew up to six units of the rigging table, the prevention
and protection service can be set up on the ground and the person in charge of the prevention and protection service and the employees
can be appointed within the personnel belonging to the owner's structure on the ground.

6. For the units indicated in paragraph 5, the data and information referred to in paragraph 4 are kept at the owner's office.

7. The shipowner and the master shall provide the on-board prevention and protection service with information on:
a) the nature of the risks;
b) the organization of work, the planning and implementation of preventive and protective measures;
c) the description of the on-board work equipment;
d) data from the register of accidents and occupational diseases.

Art. 13
Prevention and protection service on board - tasks
1. The prevention and protection service provides:
a) to collaborate with the unit commander and with the person responsible for the safety of the working environment on board the unit,
in order to implement the rules on hygiene and job safety on board prepared by the shipowner;
b) report the deficiencies and anomalies found that may compromise the hygiene, health and safety of the work on board to the
workplace safety manager;
c) identify the risk factors connected to the work activities carried out on board the unit and related to its normal exercise;
d) identify, in collaboration with the shipowner, the hygiene and safety measures of the working environment, for the purpose of
prevention and protection against the identified risks;
e) jointly with the person responsible for the safety of the working environment, to examine the accidents that occurred on board the
unit for seafarers, in order to report on the landowner structure;
f) to inform the crew about hygiene and safety issues on board the unit;
g) propose training and information programs for boarded maritime workers.

2. The prevention and protection service has access to all information relating to the hygiene, health and safety of the working
environment on board the unit and is consulted by the owner for the elaboration of the working methods on board which may have
effects on the health and safety of the seafarer worker.

Art. 14
Periodic prevention and protection meeting on board
1. The shipowner, through the prevention and protection service, must convene, at least once a year, a meeting attended by the
ship's captain, the person responsible for the safety of the working environment and the safety representative of the work environment,
in order to examine:
a) the workplace health and safety measures provided on board, for the purpose of prevention and protection, with reference to what is
indicated in the safety plan referred to in article 6, paragraph L;
b) the suitability of the individual means of protection provided on board;
c) information and training programs for maritime workers, prepared by the shipowner, for the purpose of safety and protection of their
health;
d) any changes, with respect to the normal operating conditions of the unit, of the situations of exposure of the worker to risk factors,
with particular reference to the organization of work on board and the introduction of new technologies that could entail effects on the
worker hygiene and safety.

2. At the end of the meeting, a specific report has been prepared which is kept among the on-board documents available to the
supervisory and inspection bodies. A copy of the aforementioned report is posted on board for appropriate knowledge of the entire crew.

Art. 15
The person responsible for the safety of the working environment
1. Without prejudice to the responsibilities of the master of the ship provided for in the navigation code and of the officer in charge of
safety, where provided for, established by the safety regulation, on board all the ships or units referred to in Article 2, the responsible for
the service referred to in Article 13, must:
a) make the crew aware of the application of the directives on hygiene and safety at work on board;
b) check the state of application of the specific requirements on hygiene and safety at work by carrying out checks relating to the
hygiene and safety of the working environment on board;
c) report any deficiencies and anomalies that may compromise hygiene to the ship's captain,
d) evaluate, in agreement with the master, the type of accidents that occurred to the seafarer worker on board, in order to identify new
accident prevention measures.

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2. In carrying out his duties, the safety manager of the workplace makes use of the prevention and protection service and the
collaboration of the safety representative.

Art. 16
The representative for the safety of the workplace
1. On board all the ships or units referred to in article 2, the seafarers elect their own representative to the hygiene and safety of the
working environment, according to the modalities foreseen by the national collective agreements of the category.

2. The safety representative:

a) collaborates with the prevention and protection service referred to in article 13;
b) is consulted in advance on the designation made by the shipowner of the personnel assigned to the prevention and protection
service;
c) proposes initiatives on the prevention and protection of the worker on board;
d) receives the company information and documentation relating to the risk assessment and related prevention measures, as well as
those relating to hazardous substances and materials, work equipment, organization and working environment on board, accidents and
occupational diseases.

3. The safety representative cannot be prejudiced at all due to his activity and benefits from the measures to safeguard and liberate
trade union rights, provided for by the regulations in force regarding the protection of workers. Furthermore, he must have the time
necessary to carry out his assignment without loss of remuneration, as well as the means necessary to perform the functions connected
with the assigned task.

4. The safety representative has the right to special training in the field of hygiene and safety at work on board ships, concerning the
national and international legislation in force in the sector and the specific risks existing in his area of representation, such as to ensure
adequate knowledge on the main risk control and prevention techniques.

5. For units used for technical-nautical and port services, for new and existing ships or merchant units with a gross tonnage of less
than 200 and for new and existing fishing vessels of less than 24 m in length and with a crew of up to six unit of chart of armament, the
representative to the security can be elected among the personnel belonging to the shipowning structure of land.

Art. 17
Workplace safety management manual
1. In the "Management manual for the safety of the working environment on board", the tools and procedures used by the shipowner
to comply with the provisions of this decree and international standards are given. It may form an integral part of the "Safety
Management Manual" drawn up in accordance with the provisions of the International Ship Safety Management Code (ISM Code)
pursuant to the Solas Convention.

Art. 18
Types of Visits
1. In order to verify the application of the provisions contained in this decree, the ships referred to in Article 2 are subjected to the
following visits:

a) initial visit:
1) for new domestic merchant ships or units;
2) for new fishing vessels longer than 24 m;

b) periodic visit:
1) for existing national merchant ships or units of a gross tonnage greater than 200;
2) for existing fishing vessels longer than 24 m;

c) occasional visit:
1) for new and existing national merchant ships or units;
2) for new and existing fishing vessels;
3) for ships used for pilotage and for ships used for towing in the port;
4) for ships under temporary flag suspension;
5) for ships or foreign merchant units.

2. Without prejudice to the provisions of article 21, paragraph 1, the visits referred to in paragraph 1 are arranged by the maritime
authority of the maritime compartment of registration of the ship at the request of the competent local health unit, the shipowner or of
its representative.

3. The visits are carried out by the Territorial Commission for the prevention of accidents, hygiene and safety at work referred to in
article 31, hereinafter called the Territorial Commission.

4. The results of the visits are noted in a specific document conforming to a model approved by the Ministry. A copy of the document
is kept among the on-board documents, available to the supervisory bodies.

Art. 19
Initial visit
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1. The units referred to in letter a) of paragraph 1 of article 18 are subject to an initial visit:
a) by the end of construction work and in any case before registration takes place, for new ships or units ;
b) at the first national port of call, for new ships purchased from abroad.

2. In order to verify the correct compilation of the work environment safety plan referred to in article 6, paragraph 1 as well as to
prevent constructions not compliant with the provisions of this decree and the regulation referred to in article 34, the initial visit may be
preceded by informal and preliminary visits.

3. The initial visit is carried out, with reference to the type of unit, the type of navigation and the service carried out by the unit itself,
in order to verify that the materials used, the arrangements of the accommodation rooms, the work rooms and those of service, the
climatic and environmental conditions inside the aforementioned rooms, the accesses and escape routes, the use of machinery and
systems, the equipment as well as the health equipment comply with the provisions of this decree and of the regulation referred to in
Article 34.

Art. 20
Periodic visit
1. The units referred to in letter b) of paragraph 1 of article 18 are visited, every two years, in order to verify the maintenance of
compliance of the working environment with what was found during the initial visit or respect of the rules envisaged by this decree and
by the regulation referred to in article 34.

Art. 21
Occasional visit
1. In order to verify the maintenance of the conformity of the working environment and every time the need arises, an occasional visit
is arranged, on board of the units referred to in article 18 paragraph 1 letter c), by the Competent maritime authority on its own
initiative, or at the request of the competent local health unit, representatives of trade union organizations, shipowners or seafarers. The
visit can also be requested directly by the workers through the representative of the workplace safety referred to in article 16.

2. Ships or units under temporary flag suspension are subject to occasional visits to the first national port.

3. The occasional visit made on board ships or foreign merchant units is carried out according to the procedures indicated in the
Memorandum of Understanding on the control of the state of the port of call.

Art. 22
Maintenance of conditions after visits
1. After carrying out the visits referred to in article 18, carried out with reference to what is reported in the safety plan of the working
environment on board referred to in article 6 paragraph 1, no changes can be made except with the procedures referred to in Article 33,
paragraph 3.

2. The captain has the obligation to immediately replace, on his own initiative, equipment that shows deteriorations or deficiencies
such as to compromise the hygiene and safety of the working environment.

Art. 23
Competent doctor and health surveillance of the maritime worker
1. The competent doctor:
a) collaborates with the shipowner and with the prevention and protection service referred to in Article 13, on the basis of the specific
knowledge of the organization of the work on board and the risk situations, in the preparation of the implementation of measures to
protect the health of the seafarer worker;
b) carries out health checks and expresses the suitability judgments for the specific job indicated in paragraph 6;
c) establishes and updates, under its own responsibility, a medical and risk file to be kept by the shipowner with the safeguard of
professional secrecy;
d) provides information to maritime workers on the meaning of the health checks to which they are subjected and, in the case of
exposure to agents with long-term effects, on the need to undergo health checks even after the cessation of the activity that involves
exposure to these agents. It also provides similar information on request to the representative of the workplace safety;
e) informs the seafarer of the results of the health checks referred to in letter b) and on request issues a copy of the health
documentation;
f) communicates the collective anonymous results of the clinical and instrumental tests carried out at the meetings referred to in article
14 and provides indications on their meaning;
g) together with the safety officer, visits the workplace at least twice a year and participates in the planning of the control of the
exposure of maritime workers;
h) without prejudice to the health checks referred to in letter b) carry out the medical examinations requested by the workers if these
requests are related to professional risks.

2. The competent doctor may avail himself of the collaboration of specialist doctors, chosen by the shipowner who bears the costs, in
the performance of his own health surveillance.

3. If the competent doctor following the health checks referred to in paragraph 1, letter b) expresses a judgment of partial or
temporary or total unsuitability of the worker attributable to exposure to risk situations, he shall inform the owner in writing and the

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worker. Following this information, the shipowner arranges a new risk assessment and an environmental analysis aimed at verifying the
effectiveness of the new protection measures adopted.

4. An appeal may be made against the judgment referred to in paragraph 3 within thirty days from the date of communication of the
judgment to the maritime health office of the Ministry of Health territorially competent.

5. The competent doctor can be employed in a public or private structure affiliated with the shipowner, freelancer or employee of the
shipowner. The employee of a public facility cannot perform the activity of competent doctor if he carries out supervisory activities.

6. The health surveillance carried out by the competent doctor includes:

a) preventive checks aimed at ascertaining the absence of contraindications to the work to which seafarers are destined for the purpose
of assessing their suitability for the specific task;
b) periodic checks to check the health of workers and express their suitability for the specific job.

7. The investigations referred to in paragraph 6 include clinical, biological and diagnostic tests aimed at the risk deemed necessary by
the competent doctor.

Art. 24
Health care on board
1. The owner provides for the supply and maintenance on board of the medical, medicinal and sanitary equipment suitable for the
type of navigation, the duration of the line, as well as the number of seafarers on board as required by current legislation.

2. The commander of the unit shall ensure that the sanitary material referred to in paragraph 1 is always available and is responsible
for the safekeeping and management of the narcotic substances belonging to these endowments. Without prejudice to this
responsibility, the ship's captain may delegate the custody of the aforementioned medical material to crew members, a component of
the prevention and protection service.

3. The captain may request, if he deems it necessary, medical assistance by radio to the nearest ship with doctor on board or to the
International Medical Center (CIRM) as well as to the coastal station offering medical assistance.

4. For prompt consultation of the crew, the "Medical Practice Guide for assistance and first aid on board ships" or other similar
publication is available on board, at the owner's expense.

Art. 25
Accidents on board merchant and fishing vessels
1. In the event of an accident, regardless of the length of the maritime worker's period of inactivity, the shipowner - on the basis of
what is indicated by the prevention and protection service referred to in Article 13 - reports the accident to the Maritime Authority and to
the insurer in accordance with the provisions of current legislation, as well as to the local health unit company of the ship registration
compartment.

2. Significant elements relating to the accident on board are noted in a special "accident register" conforming to the model approved
by the Ministry. The register is kept on board the ship and is available to the supervisory bodies.

Art. 26
Accident statistics
1. For the purpose of drawing up specific statistics, any accident occurring on board, regardless of the duration of the consequent
period of inactivity of the maritime worker, is reported to the Ministry by the Maritime Authority which carried out the summary or formal
investigation.

2. The Authority referred to in paragraph 1, within one month of the end of the reference year, shall send the Ministry statistics on the
number, nature, causes and consequences of accidents at work, specifying in which part of the ship (bridge, engine room or premises
used for general services) and in which place (at sea or in port) accidents occurred. This information will be drawn up on specific models
approved by the Ministry.

3. The statistical data provided will be processed by the Ministry and, for the purpose of accident prevention, an information report will
be prepared annually which will be sent to the Ministry of Labor and Social Security, the Ministry of Health, the social partners interested
parties and, for information, to the International Labor Office pursuant to Law 10 April 1981, no. 157.

Art. 27
Information and training of seafarers
1. The shipowner and the master shall ensure that each maritime worker on board receives adequate information on:
a) the safety and health risks associated with the operation of maritime navigation;
b) the measures and protection activities adopted;
c) the specific risks to which it is exposed in relation to the activities carried out on board, the safety regulations and the shipowners'
provisions on the matter;
d) the dangers associated with the use of dangerous substances and preparations on board;
e) procedures concerning first aid, fire fighting, ship abandonment;
f) the person in charge of the on-board prevention and protection service and the competent doctor.

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2. The shipowner shall ensure that each seafarer worker receives sufficient and adequate training in safety and health, with particular
reference to the type of ship and the duties performed on board.

3. Training must take place on:

a) boarding;
b) the transfer and change of duties;
c) the introduction of new work equipment or new technologies, new dangerous substances or preparations.

4. Training must be repeated periodically in relation to the evolution of risks or the emergence of new risks.

5. The Ministry of Transport and Navigation, in agreement with the Ministries of Labor and Social Security and Health, in agreement
with the shipowners 'and workers' trade organizations, may promote, establish and organize training courses and updating of maritime
workers on occupational hygiene and safety on board merchant and fishing vessels, bearing in mind what is indicated in the international
sector conventions.

6. By decree of the Minister of Transport and Navigation, the criteria for the issue of certifications relating to the training of maritime
personnel will be established.

Art. 28
Supervision
1. Supervision of the application of the legislation on the protection of health and safety at work on board ships or units referred to in
Article 2 is the responsibility of the supervisory body referred to in article 3, paragraph 1, letter i).

2. The visits and checks referred to in articles 19, 20 and 21 are carried out by the territorial commissions and the peripheral offices of
the maritime health department of the Ministry of health.

3. By an act of direction and coordination, upon proposal by the Ministers of Transport and Navigation, Labor and Social Security and
Healthcare, after deliberation by the Council of Ministers, within one year from the date of entry into force of this decree, the criteria for
ensuring uniformity and homogeneity of behavior throughout the national territory in the application of the provisions on the safety and
health of maritime workers are identified.

Art. 29
Information, advice and assistance
1. The Ministry of Transport and Navigation, the Ministry of Labor and Social Security, the Ministry of Health, the Institute for Social
Security for the Maritime Sector (IPSEMA), as well as the other bodies provided for by article 24 of the decree. Legislative 19 September
1994, n. 626, the trade union organizations of shipowners and category workers in the maritime sector carry out information, advice and
assistance on the protection of the health and safety of maritime workers on board merchant and fishing vessels.

2. The consultancy activity cannot be provided by subjects who carry out control and surveillance activities.

Art. 30
Technical committee for the prevention of accidents, hygiene and safety at work on board: composition and functions
1. Within the framework of the Permanent Consultative Commission for the prevention of accidents and occupational hygiene referred
to in article 26 of Legislative Decree no. 626, and subsequent amendments, a permanent Technical Committee has been established with
the task of examining the particular application problems of national and international legislation, regarding the protection of the health
and safety of maritime workers in the working environment on board ships, as well as 'to examine the proposals put forward by the
territorial commissions referred to in article 31.

2. For the purposes referred to in paragraph 1, the Permanent Consultative Commission for the prevention of accidents and
occupational hygiene is integrated by the following components:
a) two managers of the Ministry of Transport and Navigation - Department of Maritime and Inland Navigation - experts in the maritime
hygiene and safety sector, one of which holds an engineering degree;
b) three experts nominated by the most representative national seafarers' union organizations, one of whom is a representative of
fisheries workers;
c) three experts appointed by the most representative shipowning associations at national level, one of whom is representative of the
fishing associations.

3. The members referred to in paragraph 2 are appointed by decree of the Minister of Transport and Navigation and remain in office
for three years.

Art. 31
Territorial Commission for the prevention of accidents, hygiene and safety at work on board: composition and functions
1. By decree of the Maritime Director have established the Local Commissions for accident prevention, hygiene and safety at work on
board, chaired by the heads of the employees maritime authorities or by a higher official, appointed by him, so 'composed of:
a) officer in charge of the navigation safety section, of the Port Authority responsible for the area in relation to the place where the ship
makes the visit;
b) the port doctor, or doctor designated by the maritime health office competent for the territory;
c) a representative of the local health unit company competent for the territory;
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d) an engineer or chief engineer, employee of the Ministry;

e) two representatives nominated by the seafarers trade union organizations, most representative at national level;
f) two representatives appointed by the shipowners' associations.

2. The members referred to in paragraph 1, letters b), c), d), e) and f) can be part of several territorial Commissions of the same
maritime area. The secretarial functions are carried out by personnel from the Ministry's peripheral administration.

3. For fishing vessels, the components referred to in paragraph 1 letters e) and f) shall be replaced by two representatives of the trade
union organizations of fisheries workers and by two representatives of the fisheries associations.

4. For problems concerning the units carrying out pilotage services, a representative of the Italian Federation of Port Pilots is added to
the components referred to in letter f) of paragraph 1.

5. An alternate is appointed for each effective representative.

6. The members of the territorial commission are appointed by the maritime director, remain in office for three years and can be
reconfirmed.

7. The territorial commission has the task of:

a) carrying out the visits referred to in article 18;
b) carry out occasional visits in order to detect the technical and hygiene conditions of the individual merchant and fishing vessels, the
number and working conditions of the seafarers on board, the number and causes of accidents that may have occurred on board the
inspected units;
c) to make proposals to the Committee referred to in Article 30 for changes to the arrangements and equipment of existing ships in
order to make the ships comply with the hygiene and safety conditions governed by this decree and to prevent accidents on board;
d) carry out preliminary checks during the construction or transformation of ships;
e) supervising the application of the collective labor agreements of category for the matters pertaining to this decree;
f) send, annually, to the Committee referred to in article 30, a report on the supervisory activity carried out.

8. The Territorial Commission, established pursuant to this article, replaces the local Crew Hygiene Commission pursuant to article 82
of the law of 16 June 1939, no. 1045.

Art. 32
Approval of the workplace safety plan
1. Within one hundred and twenty days from the date of presentation, the documentation referred to in article 6, paragraph 1, lett. a)
and b), after the eventual verification by the Territorial Commission, is provided with an approval visa by the Ministry which certifies the
compliance of the conditions relating to the working environment with the requirements of this decree and the regulation referred to in
Article 34.

2. A copy of the documentation referred to in paragraph 1 is kept in the deeds of the ship's harbor office and a further copy is kept on
board the ship and exhibited during the visits made by the supervisory bodies.

Art. 33
Certificate of safety of the working environment on board
1. Following the conclusion of the investigation and after the approval of the documentation referred to in article 32, paragraph 1, a
certificate is issued by the Ministry, certifying compliance with the provisions of this decree and the regulation of referred to in Article 34.

2. For the units indicated in article 6, paragraph 4, the certificate is issued by the Maritime Authority, following verification during an
occasional visit by the supervisory bodies.

3. After the issue of the certificate, the Maritime Authority, after consulting the competent local health unit, if it deems it appropriate,
authorizes minor changes with respect to the conditions relating to the working environment on board indicated in the approved safety,
provided that an equivalent level of safety and hygiene of the working environment is guaranteed.

Art. 34
Design and construction criteria
1. By regulation to be adopted, pursuant to article 17 of law no. 400 within 90 days from the entry into force of this decree, by the
Minister of Transport and Navigation in consultation with the Minister of Labor and Social Security, Health, the technical regulations for
the construction and arrangements relating to the 'working environment on board national merchant and fishing vessels, also in
compliance with the provisions of the conventions of the International Labor Organization (ILO) n.109, n. 134 ratified and enforced with
the law 10 April 1981, n. 157, as well as n. 92 and n. 133 ratified and enforced with the law 10 April 1981, n. 158.

2. With the entry into force of the regulation referred to in paragraph 1, the law 16 June 1939, No. 1045 is repealed.

Art. 35
Penalties relating to the shipowner and master's obligations
1. The shipowner is punished:
a) with an arrest from three to six months or with a fine from three million lire to eight million lire for the violation of articles 6

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paragraphs 1, 2, 3, 5 letter a) ; 23 paragraph 3, second period; 24, paragraph 1; 27, paragraphs 2, 3 and 4;
b) with the administrative fine of one million lire to six million lire for the violation of article 14.

2. The master is punished:

a) with an arrest from three to six months or with a fine from three million lire to eight million lire for the violation of articles 22,
paragraph 2; 24, paragraph 2;
b) with imprisonment from two to four months or with a fine from one million lire to five million lire for the violation of article 7,
paragraph 1, letters a), b), d) and e).

3. The shipowner and the master are punished:

a) with the arrest from three to six months or with the fine from three million lire to eight million lire for violation of articles 6, paragraph
5 letters f), g), i), n) and q); 16, paragraph 4; 22, paragraph 1;
b) with imprisonment from two to four months or with a fine from one million lire to five million lire for the violation of articles 6,
paragraph 5, letters b), c), d), e), h), l), o) and p); 12, paragraph 7; 27, paragraph 1;
c) with the administrative fine of one million lire to six million lire for the violation of article 6, paragraph 5, letter m).

Art. 36
Penalties relating to workers' obligations
1. Maritime workers are punished with imprisonment of up to one month or a fine of four hundred thousand lire to one million two
hundred thousand lire for violating Article 8.

Art. 37
Penalties relating to the obligations of the competent doctor
1. The competent doctor is punished:
a) with an arrest of up to two months or a fine of one million lire to six million lire for the violation of article 23, paragraph 1, letters b),
c), g);
b) with the arrest of up to one month or with the fine from five hundred thousand lire to three million lire for the violation of article 23,
paragraph 1, letters d), e), f), h) and paragraph 3 first period.

Art. 38
Penalties relating to the obligations of the owner of the contracting company and the shipowner
1. The violation of article 10, paragraph 2, is punished with the arrest from three to six months or with the fine from three million lire
to eight million lire.

2. The violation of article 10, paragraphs 1 and 3, is punished with imprisonment for two to four months or a fine of one million lire to
five million lire.

Art. 39
Termination of fines
1. The fines referred to in articles 35, paragraphs 1, letter a), 2, 3, letters a), b); 36; 37 and 38 apply the provisions of Chapter II of
Legislative Decree 19 December 1994, n. 758.

Art. 40
Administrative penalties
1. If the Maritime Authority finds that on board the merchant or national fishing unit there are deviations from the approved safety
plan and the relative "Safety certificate of the working environment" which entail risks for the hygiene and safety of the maritime worker,
provides, pursuant to article 181 of the navigation code, not allowing the release of shipments.

Art. 41
Disciplinary discipline
1. The Maritime Authority is responsible for ascertaining violations of the provisions contained in this decree and for applying
administrative sanctions. To the supervision for criminal purposes, to the prescriptions and to the application of Chapter II of the
legislative decree 19 December 1994, n. 758, the supervisory bodies referred to in Article 3, paragraph 1, letter i), in coordination with
each other.

Art. 42
Adjustments to technical progress
1. By decree of the Minister of Transport and Navigation, in agreement with the Ministers of Labor and Social Security and Health, the
following is ensured:
a) the recognition of compliance with current regulations for the safety and health of seafarers of safety vehicles and systems used on
board ships;
b) the implementation of European Union directives on the safety and health of maritime workers on board ships for the parts in which
they modify the executive procedures and technical features of other directives already transposed into national law;
c) the adaptation of the strictly technical regulations of the annexes to this decree and of the regulation referred to in article 34 in
relation to technological progress in the maritime sector.
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Art. 43
Charges relating to services and checks
1. The costs deriving from the Ministry for the costs relating to studies, analyzes, investigations, technical assessments, controls and
surveillance to be performed in application of the provisions of this decree are charged to the applicants, according to rates and
procedures to be established within 90 days. from the date of entry into force of this decree, with one or more decrees of the Minister of
Transport and Navigation in consultation with the Minister of the Treasury, Budget and Planning and Economic.

ANNEX I
(ref. Art. 6 paragraph 5 letter d)

FATIGUE FACTORS

1. Introduction

1.1 The purpose of this document is to provide a general description of the fatigue factor, in order to identify the work activities on
board ships that can contribute to fatigue, classify these factors into explicit categories and indicate the point with which the factors they
can be related.
1.2 The objective is to increase the awareness of those who carry out maritime activities of the importance of these factors and to take
them into account when making operational decisions.

2 General description of fatigue

2.1 Fatigue results in a decrease in human performance, a slowing down of physical and mental reflexes and / or a reduction in the
ability to make rational assessments.
2.2 Fatigue can be caused by factors such as prolonged periods of physical or mental activity, inadequate rest, adverse environmental
conditions, physiological and / or stress factors or other psychological factors.

3 Classification of fatigue factors connected to the group

3.1 In the case of seafarers, the main causes of fatigue most commonly recognized and documented are the poor quality of rest,
excessive workloads, excessive noise and interpersonal relationships. The factors that contribute to creating these causes of fatigue are
varied. The importance of the factors contributing to the causes of fatigue differ in relation to the various activities. Some factors are
more treatable than others. Some can be grouped as follows:
3.1.1 Management on land and on board the ship and Administration responsibilities:
- work scheduling and rest periods;
- degrees of armament;
- assignment of duties;
- shore communication of the ship;

- travel planning;
- guard-keeping procedures;
- armament policy;
- port operations;
- recreational services;
- administrative tasks;
3.1.2 Factors related to the ship:
- degree of automation;
- reliability of the equipment;
- movement characteristics;
- noise, heat and vibration levels;
- quality of the living and working environment;
- characteristics and requirements of the load;
- naval design;
3.1.3 Factors relating to the crew:
- completeness of training;
- experience;
- compatibility of the crew composition;
- quality and competence of the crew.
3.1.4 External environmental factors:
- meteorological conditions;
- port conditions;
- ice conditions;
- density of ship traffic.

4 General provisions

4.1 On-board shore management and other administration responsibilities

4.1.1 It is essential that the Management provide clear concise and written guides in order to ensure that the ship's crew are familiar
with the ship's operating procedures, the characteristics of the cargo, the length of the voyage, the destination, the normals internal and

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external communication procedures and the acquisition of knowledge of ship management procedures.
4.1.2 The Management must check that the crew assigned to the ship must be sufficiently rested before taking on board duties.

4.2 Ship specific factors

4.2.1 The prescriptions, recommendations, standards and publications concerning the fatigue factors listed above must be taken into
account when designing or modifying ships. Furthermore, the adoption of means to prevent fatigue from these factors should be
considered when designing ships.

4.3 Crew specific factors

4.3.1 Training improvement should be considered important in fatigue prevention. Suitability for the job, including medical suitability,
appropriate professional qualifications, work experience and characteristics of crew members are considered important in this context.
4.3.2 It is important that the ship's management recognizes the problems that arise from the use of multinational crews on the same
unit, a practice that could result in obstacles in language, social, cultural and religious isolation, all this can bring security issues.
4.3.3 Particular emphasis must be placed by management on interpersonal relationships, loneliness, social deficiency and increases in
workloads that can occur with a reduced crew.
4.3.4 Boredom can contribute to fatigue therefore it is necessary to provide seafarers with appropriate stimuli.

4.4 External environmental factors

4.4.1 It should be recognized that external environmental factors contribute to fatigue.

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