Bermuda issues notice about the document retention policy

The Bermuda Shipping and Maritime Authority has published a guidance notice about the retention periods for documents required by the Bermuda Shipping and Maritime Authority.

This notice is applicable to all ship owners, managers, masters, and officers of Bermuda-registered ships.

It was published on March 27th, 2023.

The company's Safety Management System should state the requirements for
document and data retention.

Bermuda Merchant Shipping Guidance Notice 2019-017 Electronic Record Keeping Systems gives the following minimum retention periods of various records.

Personal Information

Personal information is defined in the Bermuda Personal Information Protection Act 2016 as any information about an identified or identifiable individual.

An organization shall ensure that personal information for any use is not kept for longer than is necessary for that use.

An organization shall protect the personal information that it holds with appropriate safeguards against risk, including loss; unauthorized access, destruction, use, modification, or disclosure; or any other misuse.

Any personal data, which is not part of a record, is kept for as short a time as
possible and then destroyed.

Retention periods for such records are set out in the below table:

Bermuda Approved Doctors

All associated records must be maintained for a period of 10 years, even if the Approved Doctor no longer performs examinations for the sponsoring company or retires.

Any information relating to occupational health surveillance data must be kept
for 40 years.

Asbestos Exposure

Health records and medical surveillance:

a. The employer must ensure that a health record is maintained, containing particulars of each worker who is exposed to asbestos.

b. The health record, or a copy of it, is to be kept available in a suitable form, for at least 40 years from the date of the last entry made in it.

Biological Agent Exposure

Health records and medical surveillance:

a. The employer shall keep a list of workers exposed to group 3 or group 4 biological agents, indicating the type of work done and, wherever possible, the biological agent to which they have been exposed, as well as records of exposures, accidents, and incidents as appropriate.

b. Such records are to be retained for at least 10 years following the end of the exposure.

Carcinogen and Mutagen Exposure

Health records and medical surveillance:

In cases where health surveillance is carried out, an individual medical record shall be kept and the doctor or body responsible for health surveillance shall propose any protective or preventive measures to be taken in respect of any individual workers.

a. Where health surveillance is carried out records shall be retained for at least
40 years following the end of exposure. If the employer ceases to trade, these
records shall be provided to the Minister.

The employer shall keep an up-to-date list of workers engaged in activities in respect of which an assessment has revealed a risk to the health or safety of workers, including (if the information is available), the exposure to which they
have been subjected.

The medical records of workers referred to above shall be kept for at least 40 years following the end of the exposure.

Accident Reporting and Investigation

Preservation of evidence:

a. Following an accident involving a ship all documents or other records which might reasonably be considered pertinent to the accident are to be kept and not altered or otherwise amended to ensure that information is saved and preserved. Any equipment is to be left in the condition it was in at the time of the accident, and as far as practicable, undisturbed.

b. This is to continue until:

i. published notification is received from the CEO, that no safety investigation is to take place or that the investigation has been completed, or,
ii. thirty days have passed since the CEO established that it has been decided
to investigate the matter: or
iii. the CEO or an inspector carrying out the investigation gives written notification that they are no longer required.

Records of Record of minor injuries, accidents, dangerous occurrences, and serious injury

Every employer shall keep a copy of all records and reports that are provided to them for a period of 10 years from the date when the report or record is made.

Records and reports that pertain to a particular employee shall be kept for the duration of the employee’s employment or 10 years; whichever period is longer.