Solicitors at Lester Aldridge LLP advise that it is imperative to identify the legal obligation on shipowners, managers and industry bodies to prevent such injuries or fatalities from occurring.

The Merchant Shipping (Entry into Dangerous Spaces) Regulations 1988 defines a dangerous space as an enclosed or confined space that may be exposed to vapours or is depleted of oxygen and would risk the health and safety of crew. This includes cargo holds, pump rooms, ballast tanks, cofferdams, bunker tanks and fresh water tanks.

The Regulations impose the following duties: employers to ensure that procedures for entering and working in dangerous spaces are laid down, and on the Master to ensure those procedures are observed; dangerous spaces to be identified and the entrance kept closed wherever possible; the Master of tankers or gas carriers of 500 tons and over or any other ship of 1,000 tons or over should conduct regular drills simulating the rescue of a crew member from a dangerous space; employers should ensure that an oxygen meter or other testing devices are available and in good working order.

The penalties for breach of the Regulations vary depending on the severity. Minor breaches, for example failing to conduct drills, might result in a £500 fine. Failing to ensure safe procedures are in place and enforce those procedures may result in a fine of £2,500 on summary conviction and/or imprisonment for a term of 2 years. It is a defence to show all reasonable precautions were taken and due diligence exercised to avoid the breach occurring.

These provisions were reflected in the IMO Recommendations for Entering Enclosed Spaced Aboard Ships which were adopted in 1997. The recommendations further outline preliminary assessment procedures, ensuring proper authorisation of those entering enclosed spaces and specifying the readings to be obtained prior to entry.

Shipowners, employers and managers should take heed of the relevant regulations and ensure proper procedures are in place. Masters should adopt good practices in terms of identifying dangerous spaces and guaranteeing those crew with authorised access have the proper experience, training and equipment.