MARITIME WORKERS AND COVID-19: REGULATIONS AND GUIDELINES AS PUBLISHED IN THE DAILY CARGO NEWSLETTER - AUGUST 2021

Australia-based maritime workers, due to their interaction with foreign crews, are recognised as facing an increased risk of exposure to COVID-19. Regulations and guidelines have been introduced to minimise this risk. While details may vary between states, the intent of the regulations remains the same: to minimise the risk of COVID-19 within the maritime workplace.

In New South Wales, for example, the Public Health (COVID-19) Maritime Quarantine Order (No 2) 2021 (NSW) came into effect on 7 June 2021 and applies to wharf operators at NSW ports. There are also guidelines that apply specifically to marine pilots and other maritime workers such as stevedores, surveyors and ship’s agents.

The NSW Public Health Order requires that an “occupier of a wharf” where vessels attend, must develop and comply with a COVID- 19 Safety Plan which addresses the matters required by the COVID- 19 Safety Checklist for Maritime Operations. NSW Health has a template available online for use, otherwise any plan which is adopted must at a minimum, address the wellbeing of staff and customers, physical distancing, hygiene and cleaning and record keeping.

The Public Order also requires that a copy of the COVID-19 Safety Plan is on or in reasonable proximity to the wharf and available for inspection by an authorised officer, such as a health official or police officer as requested. NSW has a produced its own guideline to reduce the risk of transmission of COVID from vessel personnel and seaport workers.

WHERE RESPONSIBILITY LIES

The NSW government places the responsibility on the vessel operator on the one hand, and the employer of staff at NSW ports to ensure that staff are appropriately PPE equipped according to their task.

It is the employer’s responsibility to ensure that staff are trained in the correct way to put on, remove and dispose of all PPE gear and be regularly provided with guidance material. This includes ensuring that staff are provided with the requisite training on PPE usage to ensure the correct donning and doffing procedures are being followed.

Importantly, where the use of recommended PPE gear would interfere with safety or the PPE gear could not be safely used, alternative measures such as social distancing and regular use of hand sanitiser can be used, or the PPE equipment donned as soon as worker safety is not compromised.

It is also the responsibility of persons embarking or disembarking vessels to understand the appropriate levels of PPE gear based on their role and tasks. The NSW guidelines identify the level of PPE equipment required by maritime workers according to three categories:

High risk – those maritime workers having direct contact with international crew within a 1.5m distance. Examples of this category include marine pilots, surveyors, terminal staff, biosecurity officers, Australian Border Force personnel and ship cleaning and maintenance staff.

Moderate risk – those workers in contact with crew and including persons who can board a vessel but who can maintain a 1.5-metre distance. Examples of these workers include stevedores, AMSA inspectors, port captains, work health and safety officers and terminal staff involved in shore-based activities such as checking moorings.

Low risk – workers who do not have contact with international crew but who may have direct contact with items handled by crew such as providores and office-based staff.

Workers in the high risk category are required to wear:

• a fluid resistant or isolation gown;

• gloves;

• surgical mask; and

• eye protection.

Workers in the moderate risk category are not require to don a gown while workers in the low risk category are also not required to wear the eye protection.

EXTRA ADVICE FOR PILOTS

In the Fact Sheet for COVID-19 information for the Maritime Industry (last updated 12 February 2021), additional advice was provided for the specific benefit of marine pilots because of the length of time they can be onboard a vessel and because of the extended close contact they may have with crew. This advice includes that marine pilots are to:

• wear appropriate PPE gear, even if the vessel has been at sea for more than 14 days;

• ensure they have enough masks for the time they are onboard;

• replace the masks should they become damp or soiled;

• avoid unnecessary face-to-face contact with crew, where possible to use radio, phone and email communication;

• where possible to limit contact with persons onboard other than essential crew with all crew to remain onboard the vessel while in a port. However, crew are permitted to conduct essential functions at the port but are strongly advised to wear PPE gear; and

• similarly, crew are advised to wear PPE gear in public spaces onboard and to quarantine when non crew members are on board.

Currently, all vessels entering NSW from overseas locations are treated as being potentially infectious. Most states and territories no longer count the period spent at sea from the last international port as part of the 14-day quarantine period because the COVID-19 symptoms can be difficult to detect even in this time frame. Therefore, there is no relaxation in the implementation of COVID-safe procedures even if a vessel has been at sea for longer than 14 days before entering a port. Employers across the maritime sector should regularly check their state’s Department of Health websites where information is regularly updated.

Alexis Cahalan, Partner

Published in the Daily Cargo Newsletter - August 2021