Communiqués

TSB # M 17/99

(Hull, Quebec, 22 September 1999) - The Transportation Safety Board of Canada has today issued two marine safety recommendations in its report on an accident aboard the fishing vessel "S.S. BROTHERS" that occurred off Yarmouth, Nova Scotia, on 08 October 1996.

The "S.S. BROTHERS" was hauling in the scallop rake in good weather conditions. Two deck-hands were positioned, one at the winch controls and the other to guide the incoming wire onto the winch barrel. No machinery guard was fitted to the winch. Once the hauling process had started, the deck-hand at the winch controls left the controls unattended to begin the task of washing down the deck in preparation for the return to Yarmouth. When the deck-hand who was engaged in guiding the incoming wire saw the 25-fathom warning mark on the wire, he left his post and attempted to climb over the winch to reach the controls. He slipped and fell to the deck. His right leg was drawn into the winch and crushed between the incoming wire and the winch barrel.

The Board determined that the accident was caused by the deck-hand attempting to step over the winch to gain access to the controls. Factors contributing to the accident were: the deck winch was not fitted with a machinery guard and had not been inspected; the deck-hand was operating the winch alone; the deck and the surfaces of the winch were slippery. It is also likely that the deck-hand's ability to make a reasoned decision on the safe operation of the winch was adversely affected by fatigue caused by his work/rest schedule.

The safety of fishing vessels and their crews is governed by both federal and provincial regulations. Transport Canada Marine Safety (TCMS) provides fishermen with a national regulatory framework that applies to the structural and operational safety of the vessel. The workplace safety of crews, while they are engaged in the "business of fishing," is not within federal jurisdiction.

Provincial governments have the responsibility to ensure that the "business of fishing" is conducted in a safe manner. However, provincial regulatory framework--as applicable to fishing vessel safety--is not consistent across the country, and some provinces still do not have adequate fishing-sector-specific provisions in place.

The occurrence on the "S.S. BROTHERS" is not an isolated incident; the absence of an effective enforcement mechanism has permitted unsafe conditions to exist for several years. During the period 1992-96 there were over 150 reportable accidents on board fishing vessels, involving fishing gear and moving machinery, and resulting in more than 40 injuries, and at least 3 fatalities.

The Board believes that the overall safe operation of a vessel (which is within federal jurisdiction) often depends on the level of safety in the "business of fishing" (which is within provincial jurisdiction.) Typically, fishing vessels are crewed with a small complement, working long hours and performing multiple tasks. In the event of the injury or incapacitation of any of the crew, the overall safe operation of the vessel is adversely affected.

The Board has been advised that periodic inspections are routinely carried out by TCMS, while inspections under the provincial labour legislation are infrequent. This jurisdictional division between the two levels of government over regulatory provisions and enforcement may allow unsafe acts and conditions on fishing vessels to persist. Enhanced workplace safety and overall operational safety of fishing vessels could be better achieved through an approach that is co-ordinated and harmonized between the federal and provincial authorities. The Board has therefore recommended that:

The Department of Transport coordinate with appropriate provincial authorities to conduct a review of existing safety regulations administered by both levels of government to help ensure that the regulatory provisions pertaining to workplace safety on fishing vessels and overall operational safety are harmonized and enforced to achieve their intended objectives. (M99-01)

The provinces' generic labour legislation is complex and may not be easily understood by those to whom it applies. Because the provinces rely heavily on self-enforcement, the Board is concerned that the complexity of the legislation hinders effective compliance by fishermen to achieve the legislation's intended safety objectives. Before more permanent corrective measures are taken, the Board has recommended that:

The provinces review their workplace legislation with a view to presenting it in a manner that will be readily understood by those to whom it applies, to help ensure that the enforcement mechanism and the regulatory regime complement each other. (M99-02)

The Board previously has expressed concern about the number of marine occurrences involving Canadian fishing vessels in which crew fatigue has been an issue. The current regulations affecting hours of rest (the Crewing Regulations) do not apply to personnel employed on Canadian fishing vessels of less than 100 gross tons--such as the "S.S. BROTHERS" and smaller vessels--which constitute the majority of vessels involved in similar occurrences.

The Board recognizes that prescribing and enforcing mandatory rest periods on fishing vessels would be difficult, but hopes that this will not preclude a full exploration of other means of influencing behaviour. For instance, there are currently no programs to make fishermen aware of the effects that fatigue can have on job performance and safety, nor of the effects that inadequate work/rest schedules, off-duty activities, eating and drinking habits, sleep environment and scheduling, and exercise can have on fatigue. The Board is concerned that crew members on the majority of small fishing vessels continue to work excessive hours, negatively affecting their own safety and that of others.

The Transportation Safety Board of Canada is an independent agency operating under its own Act of Parliament. Its sole aim is the advancement of transportation safety. It is not the function of the Board to assign fault or determine civil of criminal liability.

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