German Offshore Working Time Regulation – Application to Construction Personnel

Introduction

Further to our earlier briefing on the new German Offshore Working Time Regulation (IMCA EA 02/13), IMCA has received advice that the requirements may also apply to the construction personnel on offshore vessels working in the German windfarm sector, and not just to the personnel working on the turbines. This would limit personnel to a maximum of 14 days offshore (or 21 days if the regular shift does not exceed 10 hours). IMCA has therefore written to the German authorities to ask for clarification about how the German Offshore Working Time Regulation will apply to non-marine personnel on foreign flag ships working in German waters. The IMCA letter is attached.

Background

On German ships, personnel who are on board in order to construct or operate an offshore structure are not regarded as ship’s crew. These personnel are regarded as carrying out offshore activities, and their work hours must therefore comply with the German Offshore Working Time Regulation. This definition of ship’s crew only applies to German vessels, but there is some confusion about whether the German authorities are still planning to apply the offshore work hour limits to the non-marine personnel on non-German vessels working in German waters. This would be contrary to the usual understanding that, apart from divers, personnel employed on vessels are subject to the work hour regime for ‘seafarers’ and not the regime for offshore work. In addition, Germany’s 14 day limit for offshore work is not in line with the usual 28 day rotation in the offshore sector. Although the German Offshore Working Time Regulation is based on the EU Working Time Directive, Germany has not taken advantage of the EU derogation for offshore work, which allows the maximum weekly time to be averaged out over a year. The other North Sea countries with significant offshore activities have used the derogation to enable them to implement a 28 day rotation for their offshore workers. There is no cap on the maximum hours worked per year for seafarers.

Next steps

IMCA has therefore urged the German authorities to confirm that the non-marine personnel on non-German vessels will not be regarded as offshore workers for working hours, or at the very least to confirm that the usual 28 day rotation will be accepted. Members working in the German windfarm sector are encouraged to share this letter with the clients, to highlight that IMCA does not regard the construction personnel on offshore support vessels to be included in the Offshore Working Time Regulation, and to encourage them to lobby the German authorities to accept a 28 day rotation, consistent with the rest of the offshore sector. However, members should note that if the non-marine personnel have not been included in the flag state’s Maritime Labour Convention (MLC) regulations for ‘seafarers’, companies will need to consider how they can demonstrate that personnel are in compliance with the work hour regime for seafarers; for example, by maintaining individual work hour records in line with the IMO and ILO requirements. Members will be kept up to date on the response from the German authorities.

Originally issued with the following reference(s): IMCA EA 03/13