Alasdair Finlay Macleod

In terms of section 26(1)(b) of the 2016 Act the court recommends that: (a) all fishermen should make themselves aware of and follow the terms of Marine Guidance Note (MGN) 588 (F) which states that “failure to ensure the provision and wearing of PFDs and/or fall restraint harnesses by all fishermen working where there is a risk of falling overboard will be considered by the MCA to be a breach of health and safety legislation “ and that “the only exception to this is where the fishing vessel owner can demonstrate, through a documented risk assessment, that the risk of falling overboard has been eliminated by other measures”. (b) all fishermen engaged in single-handed operations should consider the guidance contained within the Maritime and Coastguard Agency (“MCA”) publication, ‘Fishermen’s Safety Guide’ in relation to Single Handed Operations, and carry out a detailed risk assessment of their systems of work, in accordance with that guidance, to enable them to identify possible risks, apply solutions and adopt safer working practices.