Translation: Only the Danish document has legal validity.
Notice from the Danish
Maritime Authority A
15 December 2009

Technical regulation on occupational health in ships

Introduction
This set of regulations contains provisions on conditions related to occupational health on board newand existing Danish ships. Foreign ships and platforms carrying out construction work in Danish
territorial waters for a period of 14 days or more shall also be covered by the provisions that areconsequential upon EC Directives.
This set of regulations consists of a short technical regulation and a number of annexes in the form ofchapters.
The technical regulation contains the statutory basis, the general scope (details about the scope arefound in the individual chapters), provisions on penalties and entry into force, and a list of the contentsof the chapters. The chapters have been printed as booklets. One chapter may have been divided into
several booklets. The number of the chapter, date, subject and list of contents are stated on the front ofeach booklet.
In the event of future amendments to the chapters, the booklet being amended will be replaced. Thechapter will enter into force by the issuance of a new technical regulation.
Section 8 of the technical regulation stipulates special provisions for Greenland. When looking in theset of regulations for conditions on Greenland ships, it shall hence always be checked by means of thissection whether the relevant provisions apply to Greenland.

Amended chapters
Chapter II A on chemical occupational health effects
The chapter has been amended in consideration of Regulation (EC) no. 1907/2006 of the European
Parliament and of the Council of 18 December 2006 concerning the registration, evaluation,authorisation and restriction of chemicals (REACH), establishing a European Chemicals Agency,amending Directive 1999/45/EC and repealing Council Regulation (EEC) no. 793/93 and Commission
Regulation (EC) no. 1488/94 as well as Council Directive 76/769/EEC and Commission Directives
91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (Official Journal 2006, no. L 396 of 30
December 2006, p. 1).
In continuation hereof, it is the intention that ships not covered by REACH use the same safety
standards as stipulated in this Regulation. This means that the requirements for safety data sheets areamended and that products containing substances included on the list of substances in REACH,annexes XIV and XVII, may not be used unless approved for the intended purpose according to article
56 of this Regulation or used in accordance with the restrictions stipulated in article 67.
A few linguistic amendments have also been made in the chapter. The term “mixtures” is now used to
be in line with the terms used in REACH and has been inserted where relevant. However, there may
be some uncertainty about the terms used in the future as a consequence of different terms in existinglegislation on chemical substances.
Chapter XII on the occupational health services
The financial framework of the occupational health boards has been changed as a consequence of thechanges made in the similar schemes for the industries covered by the Act on Occupational Health.

1Technical regulation A of 11 December 2009 issued by the Danish Maritime Authority

Technical regulation on occupational
health in ships
In pursuance of section 1(2) and (3), sections 3-5, section 20(4), section 27(4) and section 32 of theAct on Safety at Sea, cf. Consolidated Act no. 903 of 12 July 2007 as enacted by Decree no. 882 of 25
August 2008 on the entry into force for Greenland of the Act on Safety at Sea, the following
provisions are laid down by authority:
Section 1. This technical regulation shall apply to all occupational employment carried out onboard new and existing ships registered in Denmark and Greenland.
Subsection 2. Detailed rules have been printed as booklets as annexes to this technical regulation.
Subsection 3. The rules mentioned in subsection 2 shall not limit the application of the directives
mentioned in section 3.
Subsection 4. The provisions stipulated in section 3 shall also apply to foreign ships which, for aperiod of 14 days or more, are used in connection with construction work in Danish territorialwaters.
Subsection 5. Ships used only for the carriage of goods shall not be covered by subsection 4.
Section 2. The chapters and chapter booklets are as follows:
Chapter IAIA
AIB

Performance of work
Performance of work, dated 1 July 2002
Young people’s work on board ships, dated 1 July 2002

Chapter IIA II A
A II BA II CA II D

Chemical occupational health effects
Substances and materials, dated 15 December 2009
Code-numbered products, dated 1 April 2003
Carcinogenic substances and materials, including asbestos and mutagens, dated 1January 2006
Breathing apparatus air, dated 1 July 2002

Chapter III
A III A
A III B (1)A III B (2)A III C

Physical occupational health effects
Manual handling of loads, dated 1 July 2002
Noise, dated 1 January 2006
Vibrations, dated 1 July 2005
Work in an atmosphere presenting an explosion hazard, dated 1 April 2003

Chapter IV(Reserved)

Chapter V
AVA
AVB

Mental occupational health effects
Mental occupational health (Reserved)
Rest hours (Reserved)

Chapter VI
A VI

Technical aids (machinery, scaffolding, etc.)
Use of work equipment on board ships, dated 1 July 2004

Chapter VII
A VII

Personal protective equipment
Use of personal protective equipment, dated 1 January 2006

Chapter VIIIA VIII

Safety signs, etc.
Minimum requirements for signalling, safety signs, marking and giving signs, dated 1July 2002

Chapter IX
A IX AA IX B

Examinations, medical treatment and ship medicine
Occupational medical examinations, dated 1 July 2002Medical treatment and medicine on board ships, dated 1 September 2007

1Chapter X
AX

Occupational accidents
Reporting of occupational accidents, dated 1 October 2006

Chapter XI
A XI AA XI B

Safety work
Safety work on board merchant ships and large fishing vessels, dated 1 January 2006
Safety work on board fishing vessels, dated 1 July 2002

Chapter XII
A XII A

Occupational health services
Danish Maritime Occupational Health Service and its secretariat, dated 15 December
2009
Danish Fishermen’s Occupational Health Service and its Secretariat, dated 15 December2009A XII B

Section 3. The following directives shall apply to Danish ships:
1)

Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage
improvements in the safety and health of workers at work.

2)

Council Directive 89/655/EEC of 30 November 1989 concerning the minimum safety andhealth requirements for the use of work equipment by workers at work (second individual
Directive within the meaning of Article16 (1) of Directive 89/391/EEC) as amended by Council
Directive 95/63/EC of 5 December 1995 and the European Parliament and Council Directive
2001/45/EC of 27 June 2001.

3)

Council Directive 89/656/EEC of 30 November 1989 on the minimum health and safety
requirements for the use by workers of personal protective equipment at the workplace (thirdindividual directive within the meaning of Article 16(1) of Directive 89/391/EEC).

4)

Council Directive 89/686/EEC of 21 December 1989 on the approximation of the laws of theMember States relating to personal protective equipment as amended by Council Directive
93/68/EEC, and Council Directive 93/95/EEC.

5)

Council Directive 90/269/EEC of 29 May 1990 on the minimum health and safety requirementsfor the manual handling of loads where there is a risk particularly of back injury to workers(fourth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC).

6)

Directive 2004/37/EC of the European Parliament and of the Council of 29 April 2004 on theprotection of workers from the risks related to exposure to carcinogens or mutagens at work
(Sixth individual Directive within the meaning of Article 16(1) of Council Directive
89/391/EEC) (codified version).

7)

Council Directive 91/383/EEC of 25 June 1991 supplementing the measures to encourage
improvements in the safety and health at work of workers with a fixed-duration employment
relationship or a temporary employment relationship.

8)

Council Directive 92/29/EEC of 31 March 1992 on the minimum safety and healthrequirements for improved medical treatment on board vessels.

9)

Council Directive 92/58/EEC of 24 June 1992 on the minimum requirements for the provisionof safety and/or health signs at work (ninth individual Directive within the meaning of Article
16(1) of Directive 89/391/EEC).

10)

Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage
improvements in the safety and health at work of pregnant workers and workers who haverecently given birth or are breastfeeding (tenth individual Directive within the meaning ofArticle 16(1) of Directive 89/391/EEC).

11)

Council Directive 93/103/EC of 23 November 1993 concerning the minimum safety and healthrequirements for work on board fishing vessels (thirteenth individual Directive within themeaning of Article 16(1) of Directive 89/391/EEC).

12)

Council Directive 94/33/EC of 22 June 1994 on the protection of young people at work.

13)

Directive 2000/54/EC of the European Parliament and of the Council of 18 September 2000 on
the protection of workers from risks related to exposure to biological agents at work (seventh
individual directive within the meaning of Article 16(1) of Directive 89/391/EEC).

214)

Council Directive 92/57/EEC of 24 June 1992 on the implementation of minimum safety andhealth requirements at temporary or mobile construction sites (eighth individual Directivewithin the meaning of Article 16(1) of Directive 89/391/EEC).

15)

Commission Directive 2001/58/EC of 27 July 2001 amending for the second time Directive
91/155/EEC defining and laying down the detailed arrangements for the system of specificinformation relating to dangerous preparations in implementation of Article 14 of EuropeanParliament and Council Directive 1999/45/EC and relating to dangerous substances inimplementation of Article 27 of Council Directive 67/548/EEC (safety data sheets).

16)

Council Directive 83/477/EEC of 19 September 1983 on the protection of workers from therisks related to exposure to asbestos at work as amended by Council Directive 91/382/EEC of25 June 1991 and amended by Directive 2003/18/EC of the European Parliament and of theCouncil of 27 March 2003. Council Directive 83/478/EEC of 19 September 1983 amending forthe fifth time (asbestos) Directive 76/769/EEC on the approximation of the laws, regulations
and administrative provisions of the Member States relating to restrictions on the marketing anduse of certain dangerous substances and preparations. Council Directive 85/610/EEC of 20December 1985 amending for the seventh time Directive 76/769/EEC, Commission Directive
91/659/EEC of 3 December 1991 adapting to technical progress Annex I to Council Directive
76/769/EEC and Commission Directive 99/77/EC of 26 July 1999 adapting to technicalprogress for the sixth time Annex 1 to Council Directive 76/769/EEC.

17)

Directive 1999/92/EC of the European Parliament and of the Council of 16 December 1999 on
minimum requirements for improving the safety and health protection of workers potentially atrisk from explosive atmospheres (15th individual Directive within the meaning of Article 16(1)of Directive 89/391/EEC).

18)

Council Directive 98/24/EC of 7 April 1998 on the protection of the health and safety ofworkers from the risks related to chemical agents at work (fourteenth individual Directive
within the meaning of Article 16(1) of Directive 89/391/EEC).

19)

Directive 2002/44/EC of the European Parliament and of the Council of 25 June 2002 on theminimum health and safety requirements regarding the exposure of workers to the risks arisingfrom physical agents (vibration) (sixteenth individual Directive within the meaning of Article
16(1) of Directive 89/391/EEC).

20)

Directive 2003/10/EC of the European Parliament and of the Council of 6 February 2003 on
the minimum health and safety requirements regarding the exposure of workers to the risks
arising from physical agents (noise) (Seventeenth individual Directive within the meaning ofArticle 16(1) of Directive 89/391/EEC).

Section 4. A copy of this technical regulation shall be available on board merchant ships with fouror more crewmembers, including the master of the ship, as well as on board fishing vessels of 45
metres in length and over. This shall not exclude the use of an electronic medium provided that it ispossible to read the technical regulation on board.
Section 5. Violations of this technical regulation shall be punishable by fine or imprisonment for aterm not exceeding one year.
Subsection 2. The penalty may be increased to imprisonment for a term not exceeding two years if1)
the violation has resulted in damage to life or health, or risk of such damage,2)

an injunction or order has previously been issued in connection with the same or equivalentsituations, or3)

the violation has given or has been intended to give financial benefits to the transgressor orothers.

Subsection 3. If the financial benefit achieved is not confiscated, special consideration shall be given
to the size of the achieved or intended financial benefit when determining the size of the fine,including supplementary fine.
Subsection 4. Companies etc. (legal persons) may be liable to punishment according to theprovisions of Chapter 5 of the Penal Code.
Subsection 5. A legal person who is able to prove that everything necessary has been done to ensure
safety and a good occupational health cannot be punished under circumstances where an employee3violates the regulations on use of personal protective equipment, extraction systems, other protective
equipment or safety regulations specifically implemented as protection for the individual employee.
Section 6. If the contravention is covered by the Decree on the entry into force in Greenland of theAct on Safety at Sea, measures may be ordered in accordance with the Penal Code for Greenland.
Subsection 2. The conditions stipulated in section 5(2) shall be considered aggravating
circumstances.
Subsection 3. If the financial benefit achieved is not confiscated, cf. section 116(1) of the PenalCode, special consideration shall be given to the size of the achieved or intended financial benefit
when determining the size of the fine, including supplementary fine.
Subsection 4. If the contravener is a company, etc. (legal person), the legal person may be liable topunishment by fine. If the contravener is the state, the Greenland Home Rule, a municipality, an intermunicipal enterprise covered by Section 64 of the Greenland Parliament Act on municipal councils
and settlement councils, etc. or a settlement council, the relevant public authority shall be liable topunishment by fine.
Subsection 5. If the person in question is not resident in Greenland, or if his link to Greenland society
is of such a loose nature that the preconditions for the application of the measures are not present,
legal proceedings may be instituted in Denmark or the case may be sent for trial in Denmark.
Section 7. This Order shall enter into force on 17 December 2009.
Subsection 2. Technical regulation A of 16 August 2007 on occupational health in ships shall berepealed.
Section 8. The following provisions shall not apply to Greenland:
Section 1(3)-(5), sections 3 and 5, chapters A II A, A III B-2, A IX A, A XII A and A XII B as well as
the references to the EC Directives in the other chapters.
The Danish Maritime Authority, 11 December 2009
Per Sønderstrup / Helene Boesen4