IMO/ILO development on the issue of working hours and fatigue ... Shipping (
Minimum Standards) Convention, 1976 and the Protocol of 1996 thereto (ILO 147
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Working hours and fatigue Y.M. Cheng, BSc. Eng., C. Eng., MIMarEst, MHKIE, Chief Assistant Registrar / Ship & Seafarer Marine Department, Hong Kong, China
Background 1. Fatigue is a common phenomenon for everyone, regardless of the type of occupation and cultural influences and is at least directly perceived, personal, and cumulative. It is reflected by a decrement of performance as a result of having worked for a considerable length of time (Okogbaa et al., 1994). Fatigue develops gradually and insidiously. It leads to loss of concentration, impaired judgment and irrational behaviour (Marine Department Notice 2003) and can be briefly divided into mental and physical aspects. Mental fatigue is accompanied by a sense of weariness, reduced alertness, and reduced mental performance, whereas physical fatigue is accompanied by the reduction of performance in the muscular system (Hong Kong Polytechnic University, 2003). 2. The effects of fatigue are particularly dangerous in the shipping industry as the technical and specialized nature of this industry requires constant alertness and intense concentration from its workers (International Maritime Organization, 2001). The human element, in particular fatigue, is widely perceived as a contributing factor in marine casualties. The Exxon Valdez, one of the worst maritime environmental disasters in the last century, is one of the many mishaps where fatigue was identified as a contributing factor (International Maritime Organization, 2001). Some 60 ships have run aground around the UK coast over the past decade as a result of a watchkeeping officer falling asleep, becoming incapacitated or being absent from the bridge (Numast Telegraph Feb., 2004).
Researches on the correlation between working hours and fatigue for seafarers 3. From researches carried out in the last 20 years, the data indicate that watch keepers on the 4-on, 8-off schedule show considerable disruption in their sleep. The average sleep duration for all mariners is 6.6 h; watch keepers obtain their sleep in fragmented periods that are frequently less than 5 h in duration. This results in critical fatigue (i.e. fatigue associated with impaired performance and imminent sleep) levels among watch keepers as often as 24% of the time. It has also demonstrated that on-call conditions for marine engineer officers working onboard unmanned machinery spaces (UMS) will disturb sleep, not through the actual time spent out of bed, but also through more indirect effects during sleep, possibly association with apprehension 1
(Lars Torsval 1988). 4. Analysis indicates that personnel on the 04.00 – 08.00 watch report significantly more restricted sleep durations than personnel on other watches and they usually sleep less than 4 h per 24-h period. It is worth noting that the largest percentage of marine collisions and groundings occurs during the 04.00 – 08.00 watch (UK P&I Club 1992). Personnel on 24.00 – 04.00 watch report significantly more work periods with critically low alertness levels (i.e. equivalent to ‘sleepy’ to ‘fighting sleep’) than personnel on other watches. 5. Measures of alertness over the watch period show that (1) an increase in alertness during watch in the first half of the day (2) decreases in alertness during watch in the second half of the day, and (3) substantial alertness shifts as watches change. The increases in alertness during watch in the early part of the day suggest that extending the watch duration may be an appropriate means of maintaining higher alertness level during watch and for providing longer periods of rest. Previous research with alternative watch schedules indicated that longer duration sleeps can be obtained when watchstanding is compressed into a ‘close-watch’ system of 6-on, 2-off and 2-on. Variations on this type of arrangement could result in a work/rest system that would provide watch keepers with a minimum uninterrupted 10 h rest period. Potential countermeasures, including changes in scheduling and staff are proposed. From the field study it indicates that sleep disruption and fatigue is a substantial problem among mariners, particularly watch keepers on the 4-on, 8-off work schedule. Among various intervention strategies, the one likely to have the most profound effect is a schedule change (Sanquist TF 1997).
IMO/ILO development on the issue of working hours and fatigue 6. Noting the issue of fatigue onboard sea-going vessels and the provisions in relevant conventions or resolutions*, the International Labour Organization (ILO) adopted the Convention on Seafarers’ Hours of Work and Manning of Ships (ILO 180) on 22 October 1996. It entered into force on 8 August 2002. Up to now, the Convention has been ratified by 17 countries. They are Belgium, Bulgaria, Denmark, Finland, France, Greece, Ireland, Malta, Morocco, Netherlands, Norway, Romania, Saint Vincent and the Grenadines, Slovenia, Spain, Sweden, United Kingdom. The Convention aims at alleviating the negative effects brought about by fatigue at work. Below are articles, which are found relevant to the working arrangements. *(i) (ii) (iii)
Merchant Shipping (Minimum Standards) Convention, 1976 and the Protocol of 1996 thereto (ILO 147); Labour Inspection (Seafarers) Convention, 1996 (ILO 178); International Maritime Organization (IMO): International Convention for the Safety of Life at Sea, 1974, 2
as amended (SOLAS 1974 as amended); IMO: International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended in 1995 (STCW 95 as amended); IMO: Assembly resolution A 481 (XII) (1981) on Principles of Safe Manning; IMO: Assembly resolution A 741 (18) (1993) on the International Code for the Safe Operation of Ships and for Pollution Prevention (International Safety Management (ISM) Code); and IMO: Assembly resolution A 772 (18) (1993) on Fatigue Factors in Manning and Safety
(iv) (v) (vi) (vii)
7.
The main provisions of the Convention ILO 180 are summarized as follows:a.
b.
c. d. e.
f.
Both an employer of a seafarer and of master of a ship to ensure that a seafarer (officers and ratings either on watchkeeping or in day work) is provided with:(i) maximum hours of work shall not exceed fourteen (14) hours in any twenty-four (24) hour period and seventy-two (72) hours in any seven (7) day period; or (ii) minimum hours of rest of not less than ten (10) hour in any twenty-four (24) hour period and seventy-seven (77) hours in any seven (7) day period; and Hours of rest may be divided into no more than two periods, one of which must be at least 6 hours in length and the interval between consecutive periods must not exceed 14 hours. Where an emergency occurs, the minimum hours of rest are subject to exception. The Administration may authorize collective agreements permitting exceptions to the hours of rest limits. The master of a ship should ensure a table in a standardized format with the shipboard working arrangements be posted up in a prominent and accessible place in the ship and maintaining a record of a seafarer’s daily hours of rest. No person under 16 years of age shall work on a ship.
8. The document also takes into account the provisions on the establishment of rest periods for watch keeping personnel, which are contained in the International Convention on Standards of Training, Certification and Watch keeping for Seafarers, 1978, as amended in 1995, and of the STCW Code. 9. In Section B-VIII/1 – “Guidance Regarding Fitness for Duty” and “Prevention of Fatigue”, (i)
B-VIII/1.1 provides that in observing the rest period requirements, “overriding operational conditions” should be construed to mean only essential shipboard work which cannot be delayed for safety or environmental reasons or which could not reasonably have been anticipated at the commencement of the voyage.
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(ii) B-VIII/1.2 provides that although there is no universally accepted technical definition of fatigue, everyone involved in ship operations should be alert to the factors which can contribute to fatigue, including, but not limited to those identified by the Organization (see the annex to IMO: Assembly resolution A 772 (18) (1993) on Fatigue Factors in Manning and Safety, paragraphs 2 to 4.4.1), and take them into account when making decisions on ship operations. (iii) B-VIII/1.3 provides that in applying regulation VIII/1, the following should be taken into account: (a) provisions made to prevent fatigue should ensure that excessive or unreasonable overall working hours are not undertaken. In particular, the minimum rest periods specified in section A-VIII/1 “Fitness for Duty” should not be interpreted as implying that all other hours may be devoted to watchkeeping or other duties; (b) that the frequency and length of leave periods, and the granting of compensatory leave, are material factors in preventing fatigue from building up over a period of time; and (c) the provisions may be varied for ships on short-sea voyages, provided special safety arrangements are put in place. 10. The ILO 180 stipulates seafarers work hour requirements, which are generally stricter (from the employer’s point of view) than the minimum rest hour requirements of International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended in 1995, of the International Maritime Organization (STCW95).
The legislation in Hong Kong concerning the working hours for seafarers onboard sea-going vessels 11. Under the existing legislation in Hong Kong, watch keepers shall be provided a minimum of 10 hours of rest in any 24-hour period. The hours of rest may be divided into not more than 2 periods, one of which shall be at least 6 hours in length. Notwithstanding of above, the 10 hours rest may be reduced to not less than 6 consecutive hours provided that any such reduction shall not extend beyond 2 days and not less than 70 hours of rest are provided in any 7-day period. As for day workers, there is no provision to govern the working hours or rest hours. According to the Collective Bargaining Agreement (CBA) between unions and shipowners or similar 4
documents, such as the “Standard clauses for a Hong Kong registered sea-going ship” of Marine Department, HKSAR and contracts between seafarers and shipping company, the normal working hours for day workers are specified as 44 – 46 hours per week. Above which, shipowners have to pay overtime to the crew.
The compliance of ILO 180 in Hong Kong 12. ILO 180 provides 2 options, i.e. specifying a maximum working period (72 hours in 7 days) or a minimum rest period (77 hours in 7 days), that will have a difference of 19 working hours. It would create argument / preference between seafarers and employers. Employers will therefore prefer a regime based on minimum rest hours while employees will prefer a regime based on maximum working hours. 13. In 2003, the Marine Department of the HKSAR Government discussed and consulted 38 major shipowners and trade unions on the implementation of ILO 180 in Hong Kong. Shipowners considered that the Convention might not meet the ships’ operational and practical needs and the provisions of the Convention didn’t have flexibility in providing the rest hours, such as cargo handling and canal transit. Furthermore, they considered that there was no immediate need to ratify it as most of the IMO members had not ratified the Convention. The representatives of the seafarers’ unions found that the restriction on working hours/rest hours was not practical. In addition, they worried that the shipowner might make use of the minimum rest hours to maximize the working hours in worse cases.
Way forward on the application of ILO 180 in Hong Kong 14. The Government is required to decide on the option of ILO 180 regime based on minimum rest hours or maximum working hours after consultation with the industry. It is recommended that seafarers’ working hours based on minimum rest hours should continue to be adopted in line with the current legislation. Furthermore, the Government should also decide after consultation with local unions and shipowners on whether it would allow collective bargaining agreements to specify hours of work that differs from those stipulated by ILO 180 Article 5 paragraph 1, as permitted by paragraph 6 of that article.
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Fatigue Study for High Speed Craft Officers 15. As required by the International Code of Safety for High Speed Craft (HSC Code), the Government shall issue a Permit to Operate High Speed Craft (PTO) when it is satisfied that the operator has made adequate provisions from the point of view of safety generally, including the restrictions with regard to working hours, roster of officers and any other arrangements to prevent fatigue, including adequate rest periods. 16. A consultancy project, namely “Fatigue study on the working hours, patterns and limitations for officers on high speed craft in Hong Kong” was conducted by the Department of Shipping and Transport Logistics and Ergonomics and Human Performance Laboratory of Department of Rehabilitation Sciences of the Hong Kong Polytechnic University among a group of officers on high speed craft plying between Hong Kong and Macau and in Hong Kong waters between December 2002 and May 2003. The project was funded by the Marine Department of the Hong Kong SAR Government. 17. The study was carried out in two phases. The first phase consisted of survey using both standardized and custom-designed questionnaires to examine the perceived fatigue of the HSC officers. The second phase consisted of field tests using electroencephalography, electrocardiography and psychomotor assessment to examine the neurophysiological changes of officers during and after the HSC operation. There were 191 officers from four companies participated in the first phase and 11 masters from two companies participated in the second phase of the study. 18. The objectives of this study were: (1) to explore the fatigue phenomenon among a group of officers as a result of operating HSC in Hong Kong; (2) to compare the workload and level of fatigue associated with HSC operation by masters between voyages, workdays and work shift; and (3) to investigate the psychomotor changes among selected officers (masters) as a result of HSC operation. 19. The results of this study would gather objective information on how different work tasks and the operating environment impact on the mental status, in particularly fatigue, and the performance of HSC officers. The findings from this study would assist the Marine Department, HKSAR Government to develop guidelines for future management of work task and officer match, prevention of accident, and promotion of occupational health of HSC officers. These would further inform on the relevant conditions on working hours, patterns and limitations as to be specified in the PTO. 6
Results of the study Relevant to general occupational health issues 20. In general, the results revealed that officers tended to feel more sleepiness, lack of motivation, lack of energy, physical discomfort and physical exertion as they progressed through the work shift*. There is a trend that the officers tended to feel more fatigue in the last day/night of the work shift. According to the study results, the perceived voyage difficulty by the officers was found to attribute to their perceived fatigue. (*Officers at day-shift who participated in the study took up a 3-day work cycle, i.e. 2 consecutive workdays and 1 rest day. Officers at night-shift who participated in the study took up a 4-day work cycle, i.e. 2 consecutive night duty days followed by 2 rest days. )
21. To engage the officers in different kinds of relaxation and health-related activities during the break time (between voyages and meal) would ease the feeling of fatigue. The relaxation effect will be enhanced if it takes place in a quiet and clean environment. It is advisable to the officers to gain more rest after they finish the 1st day/night of work. Engaging in light exercise or other health-related activities would enhance recuperation from work-related fatigue. Officers should be cautious on taking additional rest and breaks on the days/nights which the voyages are anticipated as more difficult. Relevant to work schedule 22. The study revealed that the fatigue level of the two-workday schedule for both the dayand night-shifts is deemed at an acceptable level. It is recommended that monthly maximum working hours be slightly reduced for day-shift. The existing monthly maximum working hours for night-shift work is deemed appropriate. In general, officers would have a higher intensity of fatigue starting from the middle till the end of the work shift. The existing daily spreadover of duty, i.e. from the first departure until completion of the last voyage, is recommended to be slight reduced. The existing daily spreadover of duty for night-shifts should remain unchanged. Relevant to stress at work 23. The shipping companies and officers are recommended to further strengthen their communication channels. The results revealed that a considerable proportion of the officers were in high anxiety state or low psychosocial status. Other studies indicated that anxiety and psychosocial status are often related to job control, job satisfaction, communication with peers and supervisors, and job security.
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24. Officers are encouraged to approach relevant professionals for promoting their psychological and physical health. These professionals can be: medical doctors, ergonomists, psychologists, occupational therapists, and physiotherapists. Should the shipping companies consider the change in the existing work schedule, it is beneficial to involve officers and other parties of concern in the planning and actual implementation (Hong Kong Polytechnic University, 2003).
Action taken by the Marine Department after the fatigue study 25. A working group which comprised representatives from employers of the high speed craft operators, trade unions and Marine Department was formed to work out an implementation plan for the recommendations of the project. In fact, under the existing working arrangement which has been implemented for more than 20 years, it is safe for high speed craft officers to operate irrespective of whether or not the recommendations of the study are to be implemented. However, the recommendations of the study do provide guidelines in reviewing the working hours of high speed craft officers while maintaining the occupational health of those officers.
Observations and Discussion 26. With the modernization of the control of machinery, the design of unmanned machinery space has been in placed for more than 30 years. Since then, the engineer officers of the sea-going vessels have enjoyed a better sleeping condition although they may be disturbed by the on-call alarms during their sleeping period sometimes. For deck navigating officers, their conditions remain unchanged due to the need of navigation and the situation could be worsened when the concerned officers have to handle cargo watch as well as sea-going watch without having taken any rest in between. 27. The proposal of changing scheduling would be considered as a feasible way to improve the situation. This is reflected from previous research as mentioned in paragraph 5 above and the fatigue study of the high speed craft officers. Shipowners, ship managers and ship operators are strongly urged to take the issue of fatigue into account when developing, implementing and improving safety management systems under the ISM Code, and when determining minimum safe manning on their ships.
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Hong Kong Polytechnic University, May 2003. Research Report Fatigue Study on the working Hours, Patterns and Limitations for Officers on High Speed Craft in Hong Kong by Jimmy J.M. Ng, Peter C.C. Wong of the Department of Shipping and Transport Logistics, the Hong Kong Polytechnic University, Dr. Chetwyn C.H. Chan, Ada W.S. Leung of Ergonomics and Human Performance Laboratory, Department of Rehabilitation Sciences, the Hong Kong Polytechnic University International Maritime Organization (2001), Guidance on Fatigue Mitigation and Management, MSC/Circ.1014, 12 June 2001, London. Lars Torsval and Torbjorn Akerstedt, Disturbed Sleep While Being On-Call: An EEG Study of Ships’ Engineers, Stockholm, Sweden, 11(1): 35-38 Raven Press. Ltd., New York, 1988 Association of Professional Sleep Societies Marine Department Notice No.151 of 2003 (Cargo Handling Safety) Avoidance of Excessive Hours of Work, Marine Department, Government of the HKSAR 10 Nov., 2003 Numast Telegraph February, 2004 , P. 11 The Cost of Fatigue of Health and Safety Okogbaa, O. G., Shell, R. L., Filipusic, D., 1994. On the investigation of the neurophysiological correlates of knowledge worker mental fatigue using the EEG signal. Applied Ergonomics 25(6), 355-365. Sanquist TF, Raby M, Forsythe A, Carvalhais AB Work hours, sleep patterns and fatigue among merchant marine personnel, J Sleep Res. 1997 Dec;6(4):245-51, Battelle Seattle Research Centre, WA, USA
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