Medical Exemption – Existing Fishers on Vessels of 10 Metres and Under
Detail of outcome
Consultation Outcome Report: Medical Exemption – Existing Fishers on Vessels of 10 Metres and Under
Section 1: Introduction
1.1 The Maritime and Coastguard Agency (MCA), an executive agency of the Department for Transport (DfT), carried out a public consultation from 16 January 2024 to 27 February 2024 on Medical Exemption – Existing Fishers on Vessels of 10 Metres and Under.
1.2 The consultation proposed an exemption that would exercise existing provisions within the Merchant Shipping (Work in Fishing Convention) (Medical Certification) Regulations 2018 to exempt existing fishers working on fishing vessels with a registered length of 10 metres and under from Regulation 4 (Fishermen to have a valid medical fitness certificate) and Regulation 5 (No person to be employed as a fisherman without a medical fitness certificate).
1.3 The Work in Fishing Convention does not allow an exemption to apply to fishing vessels of 24 metres or more in length, or on fishing vessels which normally remain at sea for more than three days.
1.4 The objective of the exemption is to support existing fishers in the UK fishing industry by exempting them from the requirement to hold a medical certificate, support the UK fishing industry and reduce the impact on Small and Micro businesses. The safety of fishers is paramount while ensuring fishers can continue their important work.
1.5 Individual responses have been reviewed upon receipt and categorised to capture the key messages in the responses. This categorisation was agreed with MCA analysts. This analysis has undergone peer review.
Section 2: Key Findings
2.1 A total of 248 responses were received, of which 244 or 98.4%, were generally in favour of an exemption. Four responses or 1.6% were not in favour of any exemption.
2.2 Overall, the responses have shown that stakeholders are in favour of an exemption. Individuals understandably raised other concerns the industry is facing and the impact on individual circumstances. This exemption consultation looks at the industry as a whole and we cannot specifically address each individual circumstance or concern.
Section 3: Summary of Responses
3.1 The following questions were posed during the consultation.
Questions posed
Question 1 – Do you support an exemption for existing fishers working on vessels of 10 metres and under?
Sixteen respondents did not explicitly address this question. Of the 232 that did respond, 228 responded that they support an exemption for at least existing fishers working on vessels of 10 metres and under. Four respondents said they do not support an exemption at all.
The reasons for supporting an exemption include the financial burden that medical examinations would place on fishers; the medical standards being too high/too strict, the mental health/anxiety of fishers having to go through medical examinations; perceived over-regulation in an ever increasingly regulated industry; that it should be their own decision/skipper’s decision if someone is fit to work; that there is no, or very little evidence that medical conditions have caused accidents in the past meaning that medical certification is unjustified and unnecessary; and the uncertainty on a regular basis on the future of businesses/vessels due to the requirement to have sufficient ongoing medical fitness.
The reasons given by those who oppose an exemption include the risk of someone being a danger to themselves or others on the vessel; concerns specifically around visual acuity and colour vision and the relation to the Regulations for Preventing Collisions at Sea 1972, as amended; the increased risk of a heart attack if someone who has high blood pressure or obesity is suddenly immersed in cold water (Cold Shock response); and the intentions of the Work in Fishing Convention (ILO 188).
Question 2 – Do you believe the criteria for the exemption (contained in para 2.8 to 2.12 of the consultant document) are fair and workable in practice?
Twenty-four respondents did not explicitly address this question. Of the 224 that did respond, 145 responded that the criteria are fair and workable in practice. Seventy-nine respondents said the criteria is not fair and workable for various reasons, some requesting that the dates in paragraph 2.9 (For the purpose of this exemption, existing fishers will be those that were working on fishing vessels of 10 metres and under in length for 4 weeks or more during the period 30 November 2022 and 29 November 2023) should be more flexible to allow those who were unable to work during this period due to vessel improvements and/or bad weather to access the exemption.
Concerns were raised with the suggested evidence in paragraph 2.10 (Fishers should be able to demonstrate they were working on a relevant fishing vessel via one of the following means; appropriately dated evidence of completion of SEAFISH Basic Health and Safety assessment, or Sea Service Testimonials e.g. from skippers/the fishing vessel owners/managers, or if you are the owner of the vessel, the registration document for the vessel including fishing vessel number, and your name on the document as the owner, or other relevant evidence). Due to the entry date of these requirements, there may be some fishers who do not hold the Basic Health and Safety certificate as they entered the industry before this became a requirement.
Forty-three responses explicitly suggested that the exemption should include new entrants into the industry due to the difficulties in attracting new entrants, retaining new entrants and then the financial burden of medical costs and the ongoing uncertainty with large financial investments relying on ongoing sufficient medical fitness.
Question 3 – Do you have any additional comments to add to the response?
A number of respondents explicitly stated that the circumstances in which an exemption should apply should be different to those proposed.
Six respondents stated that the size of the vessel to which the exemption applies should not be 10 metres and under but without suggesting a length. Those that did suggest a length where the exemption should apply included 12 metres and under (2 responses), 15 metres and under (5 responses), 16.5 metres and under (5 responses) and under 24 metres (16 responses).
Thirty-five respondents suggested that the exemption should apply to vessels based on their trip length, with 16 suggesting under 24 hours and 19 suggesting under 72 hours.
Ten respondents suggested that the exemption should apply to vessels based on their distance from shore, with seven responses suggesting “close to shore” without a definition, one response of 6 nautical miles, one response of 60 nautical miles and one response of 200 nautical miles.
Sixty-four respondents raised general negative comments regarding the application of medical certificates on the inshore fleet. However, they did not explicitly state any suggested changes of scope, but it is clear that an expanded scope for the exemption would be welcomed by them.
Section 4: Government Response
4.1 The consultation has demonstrated broad support for an exemption.
82.6% of all eligible UK registered fishing vessels (an exemption cannot be applied to vessels 24 metres and over) are covered by this exemption. The Government understands that some larger vessels may operate in similar patterns and areas as vessels 10 metres and under. However, there are implications of using geographical area or time at sea as the basis for the exemption. In cases where bad weather or other operational factors meant a vessel stayed out at sea past a permitted duration exemption, or extend past a permitted geographical exemption, fishers on the vessel would be in breach of the regulations. It would also be difficult to evidence during a survey that the fishers on board meet the exemption criteria and remained within the realms of an exemption if it were based on geographical area or time at sea, and this would create a risk of inconsistent compliance.
The Government understands the concerns raised regarding the exemption applying to existing fishers only, due to the difficulties in attracting new entrants, retaining new entrants and then the financial burden of medical costs and the ongoing uncertainty with large financial investments relying on ongoing sufficient medical fitness. The objective of the Work in Fishing Convention is to ensure that fishers have decent conditions of work on board fishing vessels with regard to minimum requirements for work on board; conditions of service; accommodation and food; occupational safety and health protection; medical care and social security and that the Convention took into account the need to revise the following international conventions adopted by the International Labour Conference specifically concerning the fishing sector, namely the Minimum Age (Fishermen) Convention, 1959 (No. 112), the Medical Examination (Fishermen) Convention, 1959 (No. 113), the Fishermen’s Articles of Agreement Convention, 1959 (No. 114), and the Accommodation of Crews (Fishermen) Convention, 1966 (No. 126), to bring them up to date and to reach a greater number of the world’s fishers, particularly those working on board smaller vessels.
Exempting existing fishers means that those already working in the industry who suffer from medical conditions can continue working. Requiring medical certification for new entrants means that as the industry evolves, the people working within the industry will ensure the benefits of medical certification will be achieved in the future.
Concerns have been raised regarding the criteria to be an existing fisher for the purposes of the exemption. It has therefore been agreed to expand this so that the exemption will apply to existing fishers who were working on a UK registered fishing vessel of 10 metres and under for 4 weeks or more during the period 30 November 2021 to 29 November 2023.
Concerns were also raised regarding the evidence required to demonstrate that a fisher was working during the period above, namely the option of SEAFISH Basic Health and Safety as some fishers may have entered the industry before this was a requirement. However, the training certificate is one of many options that can be used to demonstrate that a fisher was working during the relevant period, with other options including sea service testimonials or the registration document for the vessel if the fisher in question is the owner, or other relevant evidence.
Fishers currently working on vessels of over 10 metres are not included in the definition of existing fishers. This is to reduce the risk that if the definition were expanded any further, fishers with significant medical conditions, but who are able to work under restrictions (such as with other crew members), could move to smaller vessels which are more likely to be single handed to avoid the medical certification requirements. Expanding the definition to those currently working on larger vessels could therefore have the unintended consequence of concentrating fishers with significant medical conditions into the 10 metres and under sector of the industry which would contradict the aim of this exemption and the medical certification scheme.
The government acknowledges the seven comments received in the consultation responses relating to a compensation scheme. There is no basis to reimburse costs which were incurred for complying with regulations which were in force at the time of compliance.
Skippers are reminded that they have a responsibility for the safety of crew on board the Vessel and the safe operation of the Vessel, and are therefore expected to “manage crew in a manner which respects safety and health” (section 6.2.3.2 of The Code of Practice for the Safety of Small Fishing Vessels). In cases where they have fishers covered by this exemption working on their vessels this expectation would include making appropriate arrangements for those with significant known medical conditions.
Section 5: Summary and Outcome
5.1 We have taken into consideration consultation feedback and have issued Maritime Shipping Notice MSN 1915 on the medical exemption for existing fishers on vessels with a registered length of 10 metres and under.
5.2 This exemption is granted by the Secretary of State by power of Regulation 14 of the Merchant Shipping (Work in Fishing Convention) (Medical Certification) Regulations 2018 after:
- Consulting with such persons as representing persons engaged in the fishing industry as appear appropriate; and
- Taking into account the safety and health of fishermen, the size of the vessel, the availability of medical assistance and evacuation, the duration of the voyage, the area of operation, and type of fishing operation.
Section 6: Who Responded
6.1 Responses were received from the following companies and organisations:
- Anglo Scottish Fishermen’s Association
- Anglo-North Irish Fish Producers Organisation
- Brighton Fishermen’s Protection Society
- Clyde Fishermen’s Association
- Communities Inshore Fisheries Alliance
- Emma Louise Fishing Ltd
- The Fishermen’s Mission
- Island Fish Ltd
- Isles of Scilly Fisherman’s Association
- ITF (International Transport Workers Federation)
- JMR Fishing Ltd
- Leach Fishing
- Llyn Pot Fishermen’s Association
- Marine Accident Investigation Branch
- Mull and Iona Fishermen’s Association
- National Federation of Fishermen’s Organisations
- Nautilus International
- Northern Ireland Fish Producers’ Organisation
- North Norfolk Fishermen’s Society
- North West Responsible Fisherman’s Association
- Orkney Fisheries Association
- Paignton Marine Ltd
- Razorbill Ltd
- Ross, Sutherland, Skye and Lochalsh Fisherman’s Association
- Scales Rye Ltd
- Scottish Fishermen’s Federation
- Seafood Cornwall Training
- Shetland Fishermen’s Association
- South Devon and Channel Shellfishermen Ltd
- Welsh Fishermen’s Association – Cymdeithas Pysgotwyr Cymru
6.2 Of the respondents, 213 indicated that they were completing the consultation as an individual. Of these, 187 indicated they were responding as fisher/seafarer, other responders include vessel owners, shore-based office staff of fishing companies, journalists and family members of fishers.
Original consultation
Consultation description
This consultation seeks your views on the Secretary of State potentially exercising the exemption power within Regulation 14 of The Merchant Shipping (Work in Fishing Convention) (Medical Certification) Regulations 2018 with respect to existing fishers working on vessels of 10 metres and under.
Your views are sought in respect of the proposed exemption. An explanation of the areas for consideration can be found in Section 2 of this document.
A full list of consultation questions is contained in Section 5 of this consultation.
Responses are welcomed from 16 January to 27 February 2024.
Following the conclusion of this consultation and consideration of the feedback, a final decision with regard to publishing the exemption will be made.
Documents
Last updated 27 March 2024 + show all updates
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Final Outcome report added
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Section 5 Consultation response form added in Word format to allow for those having difficulties opening this in ODT format.
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First published.