FAQ's on hours of work and reast

The provisions on hours of of rest in the Ship Safety Act paragraph 24 and regulations are based on international standards.

Standard A2.3, paragraph 5(b) of the MLC, 2006 provides that hours of rest must  not be less than ten hours “in any 24-hour period”. Thus, any 24-hour period –  starting at any moment during a day – must comprise at least ten hours of rest.

In other words, the “any 24-hour period” must be understood as “rolling” period of  24 hours starting at the beginning, at the end, or during any period of rest or of  work. As a result, working-time arrangements must ensure that seafarers receive a minimum of ten hours of rest during a period of 24 hours starting for example at 8 p.m. but also during the period of 24 hours starting at for example 9 p.m., 9:30 and then 10 p.m., 11 p.m., midnight on the next day, etc.

The master or authorised person must monitor and record the hours of rest in every 24-hour and 168-hour (7-day) period.

The first 24-hour period commences the first time the seafarer starts to work (first watch) on a calendar day and ends at the same time the next day. In other words, the first hours of rest to be recorded are the hours of rest following the first work period.

The total hours of rest during a 24-hour period must be at least 10 hours calculated from the time you go on duty and 24 hours forward in time, or from the time you go off duty and 24 hours back in time.

The working hours as a whole should be so arranged that any 24-hour period calculated from any time until the same time the following day must include a minimum of 10 hours of rest.

If the seafarer works every day in a period of 7 days, the average hours of rest must be at least 11 hours, cf. the Ship Safety and Security Act section 24, which sets out the requirement that the hours of rest shall be no less than 77 hours in any 168-hour period.

The registration must be based on the actual rest period of the individual employee and consequently correspond with the record keeping of the working hours.

No. Under certain conditions, exceptions may be made from the main provision concerning reduction of the weekly rest period and division of the 24-hour rest period into several periods, but the total hours of rest in any 24-hour period shall not be less than 10 hours, and one period shall be at least 6 hours in length.

The Ship Safety and Security Act section 24 third and fourth paragraph states for which personnel, conditions and limitations exceptions may be made from the main provision in collective bargaining agreements. Agreements have to be in writing and signed by both parties.

No, “hours of rest” does not include short breaks.

There are two aspects that determine whether a break can be considered rest time: Duration and the possibility of efficient rest.

Duration of the break:
The Ship Safety Act § 24 first and fourth paragraphs describe the conditions for dividing the hours of rest rest into more than one period. It appears from the fourth paragraph that no rest period can be less than one hour. Short breaks, i.e. breaks of less than one hour, are not considered rest time.

Nature/quality of the break:
The term "Hours of rest" is defined as continuous time outside working hours, not including short breaks. 
Any break from work would be a "short break" if it is not conducive to the seafarer having a rest. Lunch breaks are not considered rest time.

The term “working hours” must be understood as the time spent carrying out practical work or the time where the employee is required to carry out duties, typically in a watch scheme. Even though you have few duties during a watch, the entire watch will be considered working hours. Lunch breaks are not included in the hours of rest.

Yes. Ships’ masters are seafarers and, as such, the requirements on hours of rest also apply to them.

The shipowners' and seafarers' organisations are, to a great extent, free to agree on suitable working hours and arrangements. At the same time, the ship board working arrangements must comply with the requirements for minimum rest periods in the Ship Safety Act and the provisions on dividing rest hours in more than one period.

Regarding the two-shift system, which alternates between 6 hours of duty and 6 hours of rest, it can theoretically be said to comply with the provisions of the STCW, based on the requirement that at least one rest period within a 24-hour period should be at least six hours. However, there are other factors that must also be considered with this watch system.

The STCW highlights various aspects that must be observed by both the officer in charge and the relieving officer during watch handover. This means that the procedures associated with this must be completed before the watch is handed over/taken over.

This implies that the relieving officer must be in place (bridge, engine control room, etc.) before the start of the watch and/or that the on-duty officer who is to be relieved cannot leave their post until the handover is completed.

If officers operate on a 6-6-6-6 watch system, the ship’s master and/or the shipping company must be able to demonstrate how a safe handover of the watch is carried out without reducing anyone’s six-hour rest period.

Based on current knowledge of the effect that fatigue has on safety, this is also a debated watch system. Our sleeping hours and need for sleep vary. Research shows that most adults need between 6 to 9 hours of sleep per night. Getting less than the ideal amount of sleep over time increases the risk of accumulating sleep deprivation. In the 6-6-6-6 system, it is difficult to get at least six consecutive hours of sleep since time is required for overlap at each watch change, getting to  and come to rest in the cabin.

The chosen watch system may depend on the area, vessel type, and workload on the personnel based on the operations the ship performs. The type of watch system used may sometimes rely more on ‘tradition and old habits’ than safety considerations. In offshore contexts, the 6-6-6-6 system has been a well-known watch system, but we are seeing increased use of other types of watch systems on two-watch vessels to achieve more favorable continuous rest periods, such as 8-4-4-8, 7-5-5-7, and 12-12. Furthermore, the duration of continuous working hours is also related to the workload of the work and the ability to maintain alertness and performance.

On our website, you will find guidelines explaining why sufficient sleep is essential for maritime safety, as well as new perspectives on planning work and rest periods.

The purposes of recording hours of rest are:

Monitoring
Ship management and the shipping company must use the registrations to monitor whether planned rest time in the shipboard working arrangements is sufficient. If the seafarers have their planned normal rest period disturbed by call-outs to work, this must be reflected and commented on in the registrations, and the master and the person concerned must assess the need for an adequate compensatory rest.

If seafarers have repeated violations of their planned rest time, ship management and the shipping company must assess the situation and take measures, including assessing whether the manning is properly dimensioned in relation to the work load and tasks.

Inspection
The supervising authorities shall supervise that the registrations forms for recording hous of rest are in compliance with hours of rest. In the event of a detailed inspection, the shipboard working ararngements and other information and records relating to the operation of the ship shall be taken into account.

No, but if the shipping company wants another design/format, the content must be based on the standard form KS-0300, which is established by the Norwegian Maritime Authority (NMA) and follows EU standard with regard to international controls.

Yes. Digital systems are increasingly being used, and it is for the shipping company to decide which system to develop or adopt. The company shall not inform the NMA of the type of system, but the electronic recording systems must meet the following criteria:

• The format must be based on ILO guidelines, meaning it must meet requirements for recording and monitoring so that rest periods within any 24 hour and any 7 day (168 hours) period are clearly and unambiguously displayed.
• The electronic registration system must be accessible to all seafarers and secured against unauthorized changes after registration.
• There must be a system for checking and approval of recorded information by the seafarer concerned and the master/whomever authorized by him/her. The system must indicate who has endorsed and approved the records.
• It must be possible for the seafarer to receive a copy of the records pertaining to him/her each month (30-day period) and upon completion of service. The system should indicate that the employee has received a copy of their records.
• The system and recorded information shall be made available for the purpose of inspections by the supervising authorities or the competent authority of a Port State.
• Electronic records must also meet the requirements as outlined in paragraph 12 in the Regulations on working and rest hours on Norwegian passenger and cargo ships, etc.
• All persons who can establish that it will be of legal interest to them, shall have the right of admission to make themselves familiar with the contents of the registration forms and obtain a printout.
• The NMA may require the information to be submitted in specified format.

Yes. Each month and at the time of termination of the service, the seafarer shall receive a copy of the records pertaining to him or her, including the registration form. If manual registration forms are used, these must be signed each month by the master or a person authorised by the master, as well as by the seafarer him- or herself.

If records of hours of rest is established by electronic means, a printout/electronic copy is sufficient, but it must be evident that the master, or a person authorised by the master, and the seafarer have signed electronically. 

Recorded information shall be made available to the seafarer concerned and otherwise for the purpose of inspections by the supervising authorities or the competent authority of a Port State.

Registration forms for rest periods shall be kept on board for at least 6 months after they have been completed. Additionally, registration forms shall be kept by the shipping company for a minimum of 3 years after being completed, cf. section 12 of the Regulations on hours of work and rest on board Norwegian passenger and cargo ships, etc.

Yes. Scheduled hours of rest may be postponed/interrupted in situations concerning the ship's safety, including work resulting from musters or drills required by or pursuant to law. Drills often involve the entire crew, which will have an impact on the individual’s hours of rest due to the fact that the working hours arrangement most commonly is a watch system. That means that there is always someone having their off-time/hours of rest. Musters and drills must nevertheless be scheduled and conducted in a manner that minimises the disturbance of rest periods and does not induce fatigue. The heads of department on board must be careful to ensure that it is not always the same people who need to participate in drills during their scheduled hours of rest. Any interference with the hours of rest, including work resulting from musters or required drills, shall be recorded in the registration form for hours of rest. Use the comments box to clarify the reason.

Only the actual hours of rest are to be recorded in the form in arrears and be included in the total hours of rest during a 24-hour period. This means that interruptions in the scheduled hours of rest must appear from the registration and guarantee that seafarers who have been on standby are granted appropriate hours of rest in compensation.

The same applies to seafarers on call, for instance when a machinery space is unattended. In such cases, the seafarer must have an adequate compensatory rest period if the normal period of rest is disturbed by call-outs to work.

Consequently, care should be taken to ensure that the minimum hours of rest for a seafarer are not less than 10 hours in any 24-hour period, even if a scheduled rest period is disturbed. As a consequence of call-outs during off-time, the hours of rest may be divided into no more than two periods. The hours of rest lost when called out cannot always be fully compensated for. The master must then, in dialogue with the employee concerned, determine the necessary compensation.

The Regulations of 26 June 2007 No. 705 on hours of work and rest on board Norwegian passenger and cargo ships define seafarers as those who are employed in any capacity on board a ship and independent contractors who do work on board in connection with the shipowner's operation.

The NMA regards “work on board in connection with the shipowner’s operation” as work involving maritime services related to the operation of the vessel. Personnel that are supplemented by a third party to povide services other than operation of the vessel and do not form a part of services related to various forms of operation of the vessel are not covered by the Regulations and are not required to keep records of hours of rest pursuant to the Regulations. This personnel should comply with relevant legislation concerning the regulation of hours of work and rest.

Personnel not required to keep records of hours of rest are for instance personnel on drilling ships or construction vessels that do not have maritime duties, but are employed by a third party holding a contract with an oil company/operator.

Yes. The provisions on hours of rest are protective provisions to ensure that each employee gets sufficient sleep, and to prevent fatigue. If you are employed  in a permanent or temporary position on board different vessels within periods of 24 or 168 hours, the hours of rest shall still amount to at least 10 a day or 77 a week, calculated from the time you started working on the first vessel.

Situations where persons work on different ships within a limited period of time probably more commonly occur on small vessels engaged on short voyages.

Reference is made to section 4 (Working hours) of the Regulations on hours of work and rest on Norwegian passenger and cargo ships, etc., which contains a special provision for passenger ships engaged on regular domestic scheduled voyages with shift or watch systems and other ships of less than 300 gross tonnage. In this context, the regular working hours may be exceeded, however not to the extent that the total number of working hours during a period of 12 weeks exceed an average of 56 hours a week.

The total hours of work refer to the individual employee's total hours of work, regardless of whether this person works on board different vessels during the 12-week period.

The Regulations on hours of work and rest on board Norwegian passenger and cargo ships, etc. section 4 second paragraph sets a limit to the length of continuous service on board for an employee having regular working hours exceeding 8 hours a day. The rule applies to employees on board:

• passenger ships engaged on regular domestic voyages with shift or watch systems;
• other ships of less than 300 gross tonnage.

In this context, the regular working hours may be exceeded, however not to the extent that the total number of working hours over a 12-week period exceed an average of 56 hours a week. Compliance with the provisions on hours of rest stipulated in section 24 of the Ship Safety Act is a precondition.

The following illustrates how the rule will work:
An employee who works 12 hours a day per, seven days week may have a maximum of 8 weeks of continuous service on board before signing off for at least 4 weeks. This is calculated as follows:

• 56 hours x 12 weeks = 672 working hours in total during the entire 12-week period.
• When operating on a two-watch system with 12-hour shifts seven days a week, the weekly working hours will be 84 hours.
• The employee must be relieved after 8 weeks on board at the latest, since the maximum number of working hours allowed (672 hours : 84 = 8) will then be reached.
• This is also the case if the company employs a 1:1 rotating arrangement. A crew change must be made after 8 weeks at the latest.

Please note that in the STCW Convention, which establishes the rest hour standards, the following is set out in section B-VIII/1, Guidance regarding fitness for duty, paragraph 3:

1. provisions made to prevent fatigue should ensure that excessive or unreasonable overall working hours are not undertaken. In particular, the minimum rest periods specified in section A-VIII/1 should not be interpreted as implying that all other hours may be devoted to watchkeeping or other duties;
2. the frequency and length of leave periods, and the granting of compensatory leave, are material factors in preventing fatigue from building up over a period of time; and
3. the provisions may be varied for ships on short sea voyages, provided special safety arrangements are put in place.

This is determined by the working arrangement or tasks of the employee in question. Personnel who are employed as seafarers and have an employment agreement on the NMA’s form, must comply with the provisions of the Regulations on hours of work and rest on board Norwegian passenger and cargo ships, etc. regarding the recording of hours of rest.

If work is performed by personnel who are not employed as seafarers and whose working conditions are supervised by the Norwegian Labour Inspection Authority, the employees do not fall within the scope of the NMA’s administrative area. They are therefore not bound by the NMA’s legislation regarding recording and documentation of hours of rest.

The provisions for hours of rest that ensure a minimum amount of rest also provide limitations to the maximum working hours on a daily and weekly basis.

This follows from the Ship Safety and Security Act section 24 (main provision), which stipulates that the hours of rest shall not be less than 10 hours in any 24-hour period. Consequently, the hours of work shall not exceed 14 hours during the same period.

Furthermore, it is set out in the main provision that the minimum hours of rest shall be no less than 77 hours in any 168-hour period (i.e. one week). This means that an average of 11 hours of rest, corresponding to an average of 13 hours of work in the same period.

Moreover, the main provision stipulates that the intervals between two consecutive periods of rest shall not exceed 14 hours. That implies that the maximum duration of continuous work cannot exceed 14 hours.

Yes. According to the Norwegian Act relating to ship safety and security section 23, there shall be one day of rest per week and rest on public holidays. The parties may, however, enter into individual agreements regulating the hours of work and rest differently, provided that the minimum requirements for daily and weekly rest are met. Agreements have to be in writing and signed by both parties. The term “official holidays” refers to Saturdays, Sundays and Norwegian public holidays. Easter Eve, Whit Eve, Christmas Eve and New Year’s Eve from 15:00 to 24:00 are equivalent to Saturdays. This provision does not apply to public holiday in other countries, for instance if the vessel is at berth in another country, or other holidays applicable to non-Norwegian crew members.

Yes. The Ship Safety and Security Act shall ensure a fully satisfactory working environment and safe working conditions on board ships, including fishing vessels.

The requirements on hours of work and rest on fishing vessels are governed by the Ship Safety Act, paragraphs 23 and § 24 and Regulation on hours of work and rest on board fishing vessels

Section 3, second paragraph, of the Regulation sets out requirements for minimum hours of rest similar to those in  section 24, first paragraph, of the Ship Safety Act:

"The hours of rest shall not be less than 10 hours in any 24-hour period, and not  less than 77 hours in any 168-hour period. The 10 hours of rest may be divided  into two periods, one of which shall be at least 6 hours in length. The interval between two periods of rest shall not exceed 14 hours."

Exceptions from the provisions of the second paragraphs may be laid down in a binding collective agreement. Exceptions may be laid down for objective or technical reasons or out of consideration for organisation of work. Such exceptions shall, as far as practicable, comply with the standards laid down, but may take account of more frequent or longer leave periods or the granting of compensatory leave. When adopting such exceptions, the health and safety of the persons working on board, including the need to rest, shall be taken into account. Exemptions laid down in a collective agreement must not be in contravention of the International (Convention C188 - Work in Fishing Convention, 2007 (No. 188)  or Directive - 2017/159 - EN - EUR-Lex. On vessels not covered by collective agreements, a written agreement to follow exceptions from the first and second paragraphs laid down in collective agreements for equivalent crew groups and vessels ay be entered into.

Note: For minors under 18 years of age, the maximum working hours are regulated in the Regulation on work by and placement of young people on Norwegian ships.pdf

Reference is made to: Circular RSV 6-2023 Information that the shipowner can provide during inspections to document compliance with working and rest hours on fishing vessels - Norwegian Maritime Authority.

The shipowner can document compliance with the requirements for hours of work and rest in two equivalent, alternative ways:

Alternative 1)
The shipowner can record hours of work and rest in accordance with the provisions in the Regulations on hours of work and rest on board Norwegian passenger and cargo ships, etc., Chapter 3. This can be done by using the form KS-0300 (Record of hours of rest for seafarers), which can be downloaded from the Norwegian Maritime Authority's form portal.

Alternative 2)
The shipowner can prepare a shipboard working arrangement, operational plan, or other document that shows that the requirements on hours of rest, as set forth in the regulations or as regulated by the collective agreement, are being met during normal operation of the fishing vessel.

Such a shipboard working arrangement, operational plan, or other document must be incorporated as part of the fishing vessel’s ISM system/safety management system.