than 3,000 gross tonnage or special purpose ships, exemptions from
this requirement may be granted by the competent authority after
consultation with the shipowners` and seafarers` organizations
concerned;
(b) separate sleeping rooms shall be provided for men and for
women;
(c) sleeping rooms shall be of adequate size and properly
equipped so as to ensure reasonable comfort and to facilitate
tidiness;
(d) a separate berth for each seafarer shall in all circumstances
be provided;
(e) the minimum inside dimensions of a berth shall be at least
198 centimetres by 80 centimetres;
(f) in single berth seafarers` sleeping rooms the floor area
shall not be less than:
(i) 4.5 square metres in ships of less than 3,000 gross tonnage;
(ii) 5.5 square metres in ships of 3,000 gross tonnage or over
but less than 10,000 gross tonnage;
(iii) 7 square metres in ships of 10,000 gross tonnage or over;
(g) however, in order to provide single berth sleeping rooms on
ships of less than 3,000 gross tonnage, passenger ships and special
purpose ships, the competent authority may allow a reduced floor area;
(h) in ships of less than 3,000 gross tonnage other than
passenger ships and special purpose ships, sleeping rooms may be
occupied by a maximum of two seafarers; the floor area of such
sleeping rooms shall not be less than 7 square metres;
(i) on passenger ships and special purpose ships the floor area
of sleeping rooms for seafarers not performing the duties of ships`
officers shall not be less than:
(i) 7.5 square metres in rooms accommodating two persons;
(ii) 11.5 square metres in rooms accommodating three persons;
(iii) 14.5 square metres in rooms accommodating four persons;
(j) on special purpose ships sleeping rooms may accommodate more
than four persons; the floor area of such sleeping rooms shall not be
less than 3.6 square metres per person;
(k) on ships other than passenger ships and special purpose
ships, sleeping rooms for seafarers who perform the duties of ships`
officers, where no private sitting room or day room is provided, the
floor area per person shall not be less than:
(i) 7.5 square metres in ships of less than 3,000 gross tonnage;
(ii) 8.5 square metres in ships of 3,000 gross tonnage or over
but less than 10,000 gross tonnage;
(iii) 10 square metres in ships of 10,000 gross tonnage or over;
(l) on passenger ships and special purpose ships the floor area
for seafarers performing the duties of ships` officers where no
private sitting room or day room is provided, the floor area per
person for junior officers shall not be less than 7.5 square metres
and for senior officers not less than 8.5 square metres; junior
officers are understood to be at the operational level, and senior
officers at the management level;
(m) the master, the chief engineer and the chief navigating
officer shall have, in addition to their sleeping rooms, an adjoining
sitting room, day room or equivalent additional space; ships of less
than 3,000 gross tonnage may be exempted by the competent authority
from this requirement after consultation with the shipowners` and
seafarers` organizations concerned;
(n) for each occupant, the furniture shall include a clothes
locker of ample space (minimum 475 litres) and a drawer or equivalent
space of not less than 56 litres; if the drawer is incorporated in the
clothes locker then the combined minimum volume of the clothes locker
shall be 500 litres; it shall be fitted with a shelf and be able to be
locked by the occupant so as to ensure privacy;
(o) each sleeping room shall be provided with a table or desk,
which may be of the fixed, drop-leaf or slide-out type, and with
comfortable seating accommodation as necessary.
10. With respect to requirements for mess rooms:
(a) mess rooms shall be located apart from the sleeping rooms and
as close as practicable to the galley; ships of less than 3,000 gross
tonnage may be exempted by the competent authority from this
requirement after consultation with the shipowners` and seafarers`
organizations concerned; and
(b) mess rooms shall be of adequate size and comfort and properly
furnished and equipped (including ongoing facilities for refreshment),
taking account of the number of seafarers likely to use them at any
one time; provision shall be made for separate or common mess room
facilities as appropriate.
11. With respect to requirements for sanitary facilities:
(a) all seafarers shall have convenient access on the ship to
sanitary facilities meeting minimum standards of health and hygiene
and reasonable standards of comfort, with separate sanitary facilities
being provided for men and for women;
(b) there shall be sanitary facilities within easy access of the
navigating bridge and the machinery space or near the engine room
control centre; ships of less than 3,000 gross tonnage may be exempted
by the competent authority from this requirement after consultation
with the shipowners` and seafarers` organizations concerned;
(c) in all ships a minimum of one toilet, one wash basin and one
tub or shower or both for every six persons or less who do not have
personal facilities shall be provided at a convenient location;
(d) with the exception of passenger ships, each sleeping room
shall be provided with a washbasin having hot and cold running fresh
water, except where such a washbasin is situated in the private
bathroom provided;
(e) in passenger ships normally engaged on voyages of not more
than four hours` duration, consideration may be given by the competent
authority to special arrangements or to a reduction in the number of
facilities required; and
(f) hot and cold running fresh water shall be available in all
wash places.
12. With respect to requirements for hospital accommodation,
ships carrying 15 or more seafarers and engaged in a voyage of more
than three days` duration shall provide separate hospital
accommodation to be used exclusively for medical purposes; the
competent authority may relax this requirement for ships engaged in
coastal trade; in approving on-board hospital accommodation, the
competent authority shall ensure that the accommodation will, in all
weathers, be easy of access, provide comfortable housing for the
occupants and be conducive to their receiving prompt and proper
attention.
13. Appropriately situated and furnished laundry facilities shall
be available.
14. All ships shall have a space or spaces on open deck to which
the seafarers can have access when off duty, which are of adequate
area having regard to the size of the ship and the number of seafarers
on board.
15. All ships shall be provided with separate offices or a common
ship`s office for use by deck and engine departments; ships of less
than 3,000 gross tonnage may be exempted by the competent authority
from this requirement after consultation with the shipowners` and
seafarers` organizations concerned.
16. Ships regularly trading to mosquito-infested ports shall be
fitted with appropriate devices as required by the competent
authority.
17. Appropriate seafarers` recreational facilities, amenities and
services, as adapted to meet the special needs of seafarers who must
live and work on ships, shall be provided on board for the benefit of
all seafarers, taking into account Regulation 4.3 and the associated
Code provisions on health and safety protection and accident
prevention.
18. The competent authority shall require frequent inspections to
be carried out on board ships, by or under the authority of the
master, to ensure that seafarer accommodation is clean, decently
habitable and maintained in a good state of repair. The results of
each such inspection shall be recorded and be available for review.
19. In the case of ships where there is need to take account,
without discrimination, of the interests of seafarers having differing
and distinctive religious and social practices, the competent
authority may, after consultation with the shipowners` and seafarers`
organizations concerned, permit fairly applied variations in respect
of this Standard on condition that such variations do not result in
overall facilities less favourable than those which would result from
the application of this Standard.
20. Each Member may, after consultation with the shipowners` and
seafarers` organizations concerned, exempt ships of less than 200
gross tonnage where it is reasonable to do so, taking account of the
size of the ship and the number of persons on board in relation to the
requirements of the following provisions of this Standard:
(a) paragraphs 7 (b), 11 (d) and 13; and
(b) paragraph 9 (f) and (h) to (l) inclusive, with respect to
floor area only.
21. Any exemptions with respect to the requirements of this
Standard may be made only where they are expressly permitted in this
Standard and only for particular circumstances in which such
exemptions can be clearly justified on strong grounds and subject to
protecting the seafarers` health and safety.
Guideline B3.1
Accommodation and recreational facilities
Guideline B3.1.1 - Design and construction
1. External bulkheads of sleeping rooms and mess rooms should be
adequately insulated. All machinery casings and all boundary bulkheads
of galleys and other spaces in which heat is produced should be
adequately insulated where there is a possibility of resulting heat
effects in adjoining accommodation or passageways. Measures should
also be taken to provide protection from heat effects of steam or
hot-water service pipes or both.
2. Sleeping rooms, mess rooms, recreation rooms and alleyways in
the accommodation space should be adequately insulated to prevent
condensation or overheating.
3. The bulkhead surfaces and deckheads should be of material with
a surface easily kept clean. No form of construction likely to harbour
vermin should be used.
4. The bulkhead surfaces and deckheads in sleeping rooms and mess
rooms should be capable of being easily kept clean and light in colour
with a durable, non-toxic finish.
5. The decks in all seafarer accommodation should be of approved
material and construction and should provide a non-slip surface
impervious to damp and easily kept clean.
6. Where the floorings are made of composite materials, the
joints with the sides should be profiled to avoid crevices.
Guideline B3.1.2 - Ventilation
1. The system of ventilation for sleeping rooms and mess rooms
should be controlled so as to maintain the air in a satisfactory
condition and to ensure a sufficiency of air movement in all
conditions of weather and climate.
2. Air-conditioning systems, whether of a centralized or
individual unit type, should be designed to:
(a) maintain the air at a satisfactory temperature and relative
humidity as compared to outside air conditions, ensure a sufficiency
of air changes in all air-conditioned spaces, take account of the
particular characteristics of operations at sea and not produce
excessive noises or vibrations; and
(b) facilitate easy cleaning and disinfection to prevent or
control the spread of disease.
3. Power for the operation of the air conditioning and other aids
to ventilation required by the preceding paragraphs of this Guideline
should be available at all times when seafarers are living or working
on board and conditions so require. However, this power need not be
provided from an emergency source.
Guideline B3.1.3 - Heating
1. The system of heating the seafarer accommodation should be in
operation at all times when seafarers are living or working on board
and conditions require its use.
2. In all ships in which a heating system is required, the
heating should be by means of hot water, warm air, electricity, steam
or equivalent. However, within the accommodation area, steam should
not be used as a medium for heat transmission. The heating system
should be capable of maintaining the temperature in seafarer
accommodation at a satisfactory level under normal conditions of
weather and climate likely to be met within the trade in which the
ship is engaged. The competent authority should prescribe the standard
to be provided.
3. Radiators and other heating apparatus should be placed and,
where necessary, shielded so as to avoid risk of fire or danger or
discomfort to the occupants.
Guideline B3.1.4 - Lighting
1. In all ships, electric light should be provided in the
seafarer accommodation. If there are not two independent sources of
electricity for lighting, additional lighting should be provided by
properly constructed lamps or lighting apparatus for emergency use.
2. In sleeping rooms an electric reading lamp should be installed
at the head of each berth.
3. Suitable standards of natural and artificial lighting should
be fixed by the competent authority.
Guideline B3.1.5 - Sleeping rooms
1. There should be adequate berth arrangements on board, making
it as comfortable as possible for the seafarer and any partner who may
accompany the seafarer.
2. Where the size of the ship, the activity in which it is to be
engaged and its layout make it reasonable and practicable, sleeping
rooms should be planned and equipped with a private bathroom,
including a toilet, so as to provide reasonable comfort for the
occupants and to facilitate tidiness.
3. As far as practicable, sleeping rooms of seafarers should be
so arranged that watches are separated and that no seafarers working
during the day share a room with watchkeepers.
4. In the case of seafarers performing the duty of petty officers
there should be no more than two persons per sleeping room.
5. Consideration should be given to extending the facility
referred to in Standard A3.1, paragraph 9 (m), to the second engineer
officer when practicable.
6. Space occupied by berths and lockers, chests of drawers and
seats should be included in the measurement of the floor area. Small
or irregularly shaped spaces which do not add effectively to the space
available for free movement and cannot be used for installing
furniture should be excluded.
7. Berths should not be arranged in tiers of more than two; in
the case of berths placed along the ship`s side, there should be only
a single tier where a sidelight is situated above a berth.
8. The lower berth in a double tier should be not less than 30
centimetres above the floor; the upper berth should be placed
approximately midway between the bottom of the lower berth and the
lower side of the deckhead beams.
9. The framework and the lee-board, if any, of a berth should be
of approved material, hard, smooth, and not likely to corrode or to
harbour vermin.
10. If tubular frames are used for the construction of berths,
they should be completely sealed and without perforations which would
give access to vermin.
11. Each berth should be fitted with a comfortable mattress with
cushioning bottom or a combined cushioning mattress, including a
spring bottom or a spring mattress. The mattress and cushioning
material used should be made of approved material. Stuffing of
material likely to harbour vermin should not be used.
12. When one berth is placed over another, a dust-proof bottom
should be fitted beneath the bottom mattress or spring bottom of the
upper berth.
13. The furniture should be of smooth, hard material not liable
to warp or corrode.
14. Sleeping rooms should be fitted with curtains or equivalent
for the sidelights.
15. Sleeping rooms should be fitted with a mirror, small cabinets
for toilet requisites, a book rack and a sufficient number of coat
hooks.
Guideline B3.1.6 - Mess rooms
1. Mess room facilities may be either common or separate. The
decision in this respect should be taken after consultation with
seafarers` and shipowners` representatives and subject to the approval
of the competent authority. Account should be taken of factors such as
the size of the ship and the distinctive cultural, religious and
social needs of the seafarers.
2. Where separate mess room facilities are to be provided to
seafarers, then separate mess rooms should be provided for:
(a) master and officers; and
(b) petty officers and other seafarers.
3. On ships other than passenger ships, the floor area of mess
rooms for seafarers should be not less than 1.5 square metres per
person of the planned seating capacity.
4. In all ships, mess rooms should be equipped with tables and
appropriate seats, fixed or movable, sufficient to accommodate the
greatest number of seafarers likely to use them at any one time.
5. There should be available at all times when seafarers are on
board:
(a) a refrigerator, which should be conveniently situated and of
sufficient capacity for the number of persons using the mess room or
mess rooms;
(b) facilities for hot beverages; and
(c) cool water facilities.
6. Where available pantries are not accessible to mess rooms,
adequate lockers for mess utensils and proper facilities for washing
utensils should be provided.
7. The tops of tables and seats should be of damp-resistant
material.
Guideline B3.1.7 - Sanitary accommodation
1. Washbasins and tub baths should be of adequate size and
constructed of approved material with a smooth surface not liable to
crack, flake or corrode.
2. All toilets should be of an approved pattern and provided with
an ample flush of water or with some other suitable flushing means,
such as air, which are available at all times and independently
controllable.
3. Sanitary accommodation intended for the use of more than one
person should comply with the following:
(a) floors should be of approved durable material, impervious to
damp, and should be properly drained;
(b) bulkheads should be of steel or other approved material and
should be watertight up to at least 23 centimetres above the level of
the deck;
(c) the accommodation should be sufficiently lit, heated and
ventilated;
(d) toilets should be situated convenient to, but separate from,
sleeping rooms and wash rooms, without direct access from the sleeping
rooms or from a passage between sleeping rooms and toilets to which
there is no other access; this requirement does not apply where a
toilet is located in a compartment between two sleeping rooms having a
total of not more than four seafarers; and
(e) where there is more than one toilet in a compartment, they
should be sufficiently screened to ensure privacy.
4. The laundry facilities provided for seafarers` use should
include:
(a) washing machines;
(b) drying machines or adequately heated and ventilated drying
rooms; and
(c) irons and ironing boards or their equivalent.
Guideline B3.1.8 - Hospital accommodation
1. The hospital accommodation should be designed so as to
facilitate consultation and the giving of medical first aid and to
help prevent the spread of infectious diseases.
2. The arrangement of the entrance, berths, lighting,
ventilation, heating and water supply should be designed to ensure the
comfort and facilitate the treatment of the occupants.
3. The number of hospital berths required should be prescribed by
the competent authority.
4. Sanitary accommodation should be provided for the exclusive
use of the occupants of the hospital accommodation, either as part of
the accommodation or in close proximity thereto. Such sanitary
accommodation should comprise a minimum of one toilet, one washbasin
and one tub or shower.
Guideline B3.1.9 - Other facilities
1. Where separate facilities for engine department personnel to
change their clothes are provided, they should be:
(a) located outside the machinery space but with easy access to
it; and
(b) fitted with individual clothes lockers as well as with tubs
or showers or both and washbasins having hot and cold running fresh
water.
Guideline B3.1.10 - Bedding, mess utensils and miscellaneous
provisions
1. Each Member should consider applying the following principles:
(a) clean bedding and mess utensils should be supplied by the
shipowner to all seafarers for use on board during service on the
ship, and such seafarers should be responsible for their return at
times specified by the master and on completion of service in the
ship;
(b) bedding should be of good quality, and plates, cups and other
mess utensils should be of approved material which can be easily
cleaned; and
(c) towels, soap and toilet paper for all seafarers should be
provided by the shipowner.
Guideline B3.1.11 - Recreational facilities, mail and ship visit
arrangements
1. Recreational facilities and services should be reviewed
frequently to ensure that they are appropriate in the light of changes
in the needs of seafarers resulting from technical, operational and
other developments in the shipping industry.
2. Furnishings for recreational facilities should as a minimum
include a bookcase and facilities for reading, writing and, where
practicable, games.
3. In connection with the planning of recreation facilities, the
competent authority should give consideration to the provision of a
canteen.
4. Consideration should also be given to including the following
facilities at no cost to the seafarer, where practicable:
(a) a smoking room;
(b) television viewing and the reception of radio broadcasts;
(c) showing of films, the stock of which should be adequate for
the duration of the voyage and, where necessary, changed at reasonable
intervals;
(d) sports equipment including exercise equipment, table games
and deck games;
(e) where possible, facilities for swimming;
(f) a library containing vocational and other books, the stock of
which should be adequate for the duration of the voyage and changed at
reasonable intervals;
(g) facilities for recreational handicrafts;
(h) electronic equipment such as a radio, television, video
recorders, DVD/CD player, personal computer and software and cassette
recorder/player;
(i) where appropriate, the provision of bars on board for
seafarers unless these are contrary to national, religious or social
customs; and
(j) reasonable access to ship-to-shore telephone communications,
and email and Internet facilities, where available, with any charges
for the use of these services being reasonable in amount.
5. Every effort should be given to ensuring that the forwarding
of seafarers` mail is as reliable and expeditious as possible. Efforts
should also be considered for avoiding seafarers being required to pay
additional postage when mail has to be readdressed owing to
circumstances beyond their control.
6. Measures should be considered to ensure, subject to any
applicable national or international laws or regulations, that
whenever possible and reasonable seafarers are expeditiously granted
permission to have their partners, relatives and friends as visitors
on board their ship when in port. Such measures should meet any
concerns for security clearances.
7. Consideration should be given to the possibility of allowing
seafarers to be accompanied by their partners on occasional voyages
where this is practicable and reasonable. Such partners should carry
adequate insurance cover against accident and illness; the shipowners
should give every assistance to the seafarer to effect such insurance.
Guideline B3.1.12 - Prevention of noise and vibration
1. Accommodation and recreational and catering facilities should
be located as far as practicable from the engines, steering gear
rooms, deck winches, ventilation, heating and air-conditioning
equipment and other noisy machinery and apparatus.
2. Acoustic insulation or other appropriate sound-absorbing
materials should be used in the construction and finishing of
bulkheads, deckheads and decks within the sound-producing spaces as
well as self-closing noise-isolating doors for machinery spaces.
3. Engine rooms and other machinery spaces should be provided,
wherever practicable, with soundproof centralized control rooms for
engine-room personnel. Working spaces, such as the machine shop,
should be insulated, as far as practicable, from the general
engine-room noise and measures should be taken to reduce noise in the
operation of machinery.
4. The limits for noise levels for working and living spaces
should be in conformity with the ILO international guidelines on
exposure levels, including those in the ILO code of practice entitled
Ambient factors in the workplace, 2001, and, where applicable, the
specific protection recommended by the International Maritime
Organization, and with any subsequent amending and supplementary
instruments for acceptable noise levels on board ships. A copy of the
applicable instruments in English or the working language of the ship
should be carried on board and should be accessible to seafarers.
5. No accommodation or recreational or catering facilities should
be exposed to excessive vibration.
Regulation 3.2
FOOD AND CATERING
Purpose: To ensure that seafarers have access to good quality
food and drinking water provided under regulated hygienic conditions
1. Each Member shall ensure that ships that fly its flag carry on
board and serve food and drinking water of appropriate quality,
nutritional value and quantity that adequately covers the requirements
of the ship and takes into account the differing cultural and
religious backgrounds.
2. Seafarers on board a ship shall be provided with food free of
charge during the period of engagement.
3. Seafarers employed as ships` cooks with responsibility for
food preparation must be trained and qualified for their position on
board ship.
Standard A3.2
Food and catering
1. Each Member shall adopt laws and regulations or other measures
to provide minimum standards for the quantity and quality of food and
drinking water and for the catering standards that apply to meals
provided to seafarers on ships that fly its flag, and shall undertake
educational activities to promote awareness and implementation of the
standards referred to in this paragraph.
2. Each Member shall ensure that ships that fly its flag meet the
following minimum standards:
(a) food and drinking water supplies, having regard to the number
of seafarers on board, their religious requirements and cultural
practices as they pertain to food, and the duration and nature of the
voyage, shall be suitable in respect of quantity, nutritional value,
quality and variety;
(b) the organization and equipment of the catering department
shall be such as to permit the provision to the seafarers of adequate,
varied and nutritious meals prepared and served in hygienic
conditions; and
(c) catering staff shall be properly trained or instructed for
their positions.
3. Shipowners shall ensure that seafarers who are engaged as
ships` cooks are trained, qualified and found competent for the
position in accordance with requirements set out in the laws and
regulations of the Member concerned.
4. The requirements under paragraph 3 of this Standard shall
include a completion of a training course approved or recognized by
the competent authority, which covers practical cookery, food and
personal hygiene, food storage, stock control, and environmental
protection and catering health and safety.
5. On ships operating with a prescribed manning of less than ten
which, by virtue of the size of the crew or the trading pattern, may
not be required by the competent authority to carry a fully qualified
cook, anyone processing food in the galley shall be trained or
instructed in areas including food and personal hygiene as well as
handling and storage of food on board ship.
6. In circumstances of exceptional necessity, the competent
authority may issue a dispensation permitting a non-fully qualified
cook to serve in a specified ship for a specified limited period,
until the next convenient port of call or for a period not exceeding
one month, provided that the person to whom the dispensation is issued
is trained or instructed in areas including food and personal hygene
as well as handling and storage of food on board ship.
7. In accordance with the ongoing compliance procedures under
Title 5, the competent authority shall require that frequent
documented inspections be carried out on board ships, by or under the
authority of the master, with respect to:
(a) supplies of food and drinking water;
(b) all spaces and equipment used for the storage and handling of
food and drinking water; and
(c) galley and other equipment for the preparation and service of
meals.
8. No seafarer under the age of 18 shall be employed or engaged
or work as a ship`s cook.
Guideline B3.2
Food and catering
Guideline B3.2.1 - Inspection, education, research and
publication
1. The competent authority should, in cooperation with other
relevant agencies and organizations, collect up-to-date information on
nutrition and on methods of purchasing, storing, preserving, cooking
and serving food, with special reference to the requirements of
catering on board a ship. This information should be made available,
free of charge or at reasonable cost, to manufacturers of and traders
in ships` food supplies and equipment, masters, stewards and cooks,
and to shipowners` and seafarers` organizations concerned. Appropriate
forms of publicity, such as manuals, brochures, posters, charts or
advertisements in trade journals, should be used for this purpose.
2. The competent authority should issue recommendations to avoid
wastage of food, facilitate the maintenance of a proper standard of
hygiene, and ensure the maximum practicable convenience in working
arrangements.
3. The competent authority should work with relevant agencies and
organizations to develop educational materials and on-board
information concerning methods of ensuring proper food supply and
catering services.
4. The competent authority should work in close cooperation with
the shipowners` and seafarers` organizations concerned and with
national or local authorities dealing with questions of food and
health, and may where necessary utilize the services of such
authorities.
Guideline B3.2.2 - Ships` cooks
1. Seafarers should only be qualified as ships` cooks if they
have:
(a) served at sea for a minimum period to be prescribed by the
competent authority, which could be varied to take into account
existing relevant qualifications or experience;
(b) passed an examination prescribed by the competent authority
or passed an equivalent examination at an approved training course for
cooks.
2. The prescribed examination may be conducted and certificates
granted either directly by the competent authority or, subject to its
control, by an approved school for the training of cooks.
3. The competent authority should provide for the recognition,
where appropriate, of certificates of qualification as ships` cooks
issued by other Members, which have ratified this Convention or the
Certification of Ships` Cooks Convention, 1946 (No. 69), or other
approved body.
TITLE 4. HEALTH PROTECTION, MEDICAL CARE,
WELFARE AND SOCIAL SECURTIY PROTECTION
Regulation 4.1
MEDICAL CARE ON BOARD SHIP AND ASHORE
Purpose: To protect the health of seafarers and ensure their
prompt access to medical care on board ship and ashore
1. Each Member shall ensure that all seafarers on ships that fly
its flag are covered by adequate measures for the protection of their
health and that they have access to prompt and adequate medical care
whilst working on board.
2. The protection and care under paragraph 1 of this Regulation
shall, in principle, be provided at no cost to the seafarers.
3. Each Member shall ensure that seafarers on board ships in its
territory who are in need of immediate medical care are given access
to the Member`s medical facilities on shore.
4. The requirements for on-board health protection and medical
care set out in the Code include standards for measures aimed at
providing seafarers with health protection and medical care as
comparable as possible to that which is generally available to workers
ashore.
Standard A4.1
Medical care on board ship and ashore
1. Each Member shall ensure that measures providing for health
protection and medical care, including essential dental care, for
seafarers working on board a ship that flies its flag are adopted
which:
(a) ensure the application to seafarers of any general provisions
on occupational health protection and medical care relevant to their
duties, as well as of special provisions specific to work on board
ship;
(b) ensure that seafarers are given health protection and medical
care as comparable as possible to that which is generally available to
workers ashore, including prompt access to the necessary medicines,
medical equipment and facilities for diagnosis and treatment and to
medical information and expertise;
(c) give seafarers the right to visit a qualified medical doctor
or dentist without delay in ports of call, where practicable;
(d) ensure that, to the extent consistent with the Member`s
national law and practice, medical care and health protection services
while a seafarer is on board ship or landed in a foreign port are
provided free of charge to seafarers; and
(e) are not limited to treatment of sick or injured seafarers but
include measures of a preventive character such as health promotion
and health education programmes.
2. The competent authority shall adopt a standard medical report
form for use by the ships` masters and relevant onshore and on-board
medical personnel. The form, when completed, and its contents shall be
kept confidential and shall only be used to facilitate the treatment
of seafarers.
3. Each Member shall adopt laws and regulations establishing
requirements for on-board hospital and medical care facilities and
equipment and training on ships that fly its flag.
4. National laws and regulations shall as a minimum provide for
the following requirements:
(a) all ships shall carry a medicine chest, medical equipment and
a medical guide, the specifics of which shall be prescribed and
subject to regular inspection by the competent authority; the national
requirements shall take into account the type of ship, the number of
persons on board and the nature, destination and duration of voyages
and relevant national and international recommended medical standards;
(b) ships carrying 100 or more persons and ordinarily engaged on
international voyages of more than three days` duration shall carry a
qualified medical doctor who is responsible for providing medical
care; national laws or regulations shall also specify which other
ships shall be required to carry a medical doctor, taking into
account, inter alia, such factors as the duration, nature and
conditions of the voyage and the number of seafarers on board;
(c) ships which do not carry a medical doctor shall be required
to have either at least one seafarer on board who is in charge of
medical care and administering medicine as part of their regular
duties or at least one seafarer on board competent to provide medical
first aid; persons in charge of medical care on board who are not
medical doctors shall have satisfactorily completed training in
medical care that meets the requirements of the International
Convention on Standards of Training, Certification and Watchkeeping
for Seafarers, 1978, as amended ("STCW"); seafarers designated to
provide medical first aid shall have satisfactorily completed training
in medical first aid that meets the requirements of STCW; national
laws or regulations shall specify the level of approved training
required taking into account, inter alia, such factors as the
duration, nature and conditions of the voyage and the number of
seafarers on board; and
(d) the competent authority shall ensure by a prearranged system
that medical advice by radio or satellite communication to ships at
sea, including specialist advice, is available 24 hours a day; medical
advice, including the onward transmission of medical messages by radio
or satellite communication between a ship and those ashore giving the
advice, shall be available free of charge to all ships irrespective of
the flag that they fly.
Guideline B4.1
Medical care on board ship and ashore
Guideline B4.1.1 - Provision of medical care
1. When determining the level of medical training to be provided
on board ships that are not required to carry a medical doctor, the
competent authority should require that:
(a) ships which ordinarily are capable of reaching qualified
medical care and medical facilities within eight hours should have at
least one designated seafarer with the approved medical first-aid
training required by STCW which will enable such persons to take
immediate, effective action in case of accidents or illnesses likely
to occur on board a ship and to make use of medical advice by radio or
satellite communication; and
(b) all other ships should have at least one designated seafarer
with approved training in medical care required by STCW, including
practical training and training in life-saving techniques such as
intravenous therapy, which will enable the persons concerned to
participate effectively in coordinated schemes for medical assistance
to ships at sea, and to provide the sick or injured with a
satisfactory standard of medical care during the period they are
likely to remain on board.
2. The training referred to in paragraph 1 of this Guideline
should be based on the contents of the most recent editions of the
International Medical Guide for Ships, the Medical First Aid Guide for
Use in Accidents Involving Dangerous Goods, the Document for Guidance
- An International Maritime Training Guide, and the medical section of
the International Code of Signals as well as similar national guides.
3. Persons referred to in paragraph 1 of this Guideline and such
other seafarers as may be required by the competent authority should
undergo, at approximately five-year intervals, refresher courses to
enable them to maintain and increase their knowledge and skills and to
keep up-to-date with new developments.
4. The medicine chest and its contents, as well as the medical
equipment and medical guide carried on board, should be properly
maintained and inspected at regular intervals, not exceeding 12
months, by responsible persons designated by the competent authority,
who should ensure that the labelling, expiry dates and conditions of
storage of all medicines and directions for their use are checked and
all equipment functioning as required. In adopting or reviewing the
ship`s medical guide used nationally, and in determining the contents
of the medicine chest and medical equipment, the competent authority
should take into account international recommendations in this field,
including the latest edition of the International Medical Guide for
Ships, and other guides mentioned in paragraph 2 of this Guideline.
5. Where a cargo which is classified dangerous has not been
included in the most recent edition of the Medical First Aid Guide for
Use in Accidents Involving Dangerous Goods, the necessary information
on the nature of the substances, the risks involved, the necessary
personal protective devices, the relevant medical procedures and
specific antidotes should be made available to the seafarers. Such
specific antidotes and personal protective devices should be on board
whenever dangerous goods are carried. This information should be
integrated with the ship`s policies and programmes on occupational
safety and health described in Regulation 4.3 and related Code
provisions.
6. All ships should carry a complete and up-to-date list of radio
stations through which medical advice can be obtained; and, if
equipped with a system of satellite communication, carry an up-to-date
and complete list of coast earth stations through which medical advice
can be obtained. Seafarers with responsibility for medical care or
medical first aid on board should be instructed in the use of the
ship`s medical guide and the medical section of the most recent
edition of the International Code of Signals so as to enable them to
understand the type of information needed by the advising doctor as
well as the advice received.
Guideline B4.1.2 - Medical report form
1. The standard medical report form for seafarers required under
Part A of this Code should be designed to facilitate the exchange of
medical and related information concerning individual seafarers
between ship and shore in cases of illness or injury.
Guideline B4.1.3 - Medical care ashore
1. Shore-based medical facilities for treating seafarers should
be adequate for the purposes. The doctors, dentists and other medical
personnel should be properly qualified.
2. Measures should be taken to ensure that seafarers have access
when in port to:
(a) outpatient treatment for sickness and injury;
(b) hospitalization when necessary; and
(c) facilities for dental treatment, especially in cases of
emergency.
3. Suitable measures should be taken to facilitate the treatment
of seafarers suffering from disease. In particular, seafarers should
be promptly admitted to clinics and hospitals ashore, without
difficulty and irrespective of nationality or religious belief, and,
whenever possible, arrangements should be made to ensure, when
necessary, continuation of treatment to supplement the medical
facilities available to them.
Guideline B4.1.4 - Medical assistance to other ships and
international cooperation
1. Each Member should give due consideration to participating in
international cooperation in the area of assistance, programmes and
research in health protection and medical care. Such cooperation might
cover:
(a) developing and coordinating search and rescue efforts and
arranging prompt medical help and evacuation at sea for the seriously
ill or injured on board a ship through such means as periodic ship
position reporting systems, rescue coordination centres and emergency
helicopter services, in conformity with the International Convention
on Maritime Search and Rescue, 1979, as amended, and the International
Aeronautical and Maritime Search and Rescue (IAMSAR) Manual;
(b) making optimum use of all ships carrying a doctor and
stationing ships at sea which can provide hospital and rescue
facilities;
(c) compiling and maintaining an international list of doctors
and medical care facilities available worldwide to provide emergency
medical care to seafarers;
(d) landing seafarers ashore for emergency treatment;
(e) repatriating seafarers hospitalized abroad as soon as
practicable, in accordance with the medical advice of the doctors
responsible for the case, which takes into account the seafarer`s
wishes and needs;
(f) arranging personal assistance for seafarers during
repatriation, in accordance with the medical advice of the doctors
responsible for the case, which takes into account the seafarer`s
wishes and needs;
(g) endeavouring to set up health centres for seafarers to:
(i) conduct research on the health status, medical treatment and
preventive health care of seafarers; and
(ii) train medical and health service staff in maritime medicine;
(h) collecting and evaluating statistics concerning occupational
accidents, diseases and fatalities of seafarers and integrating and
harmonizing the statistics with any existing national system of
statistics on occupational accidents and diseases covering other
categories of workers;
(i) organizing international exchanges of technical information,
training material and personnel, as well as international training
courses, seminars and working groups;
(j) providing all seafarers with special curative and preventive
health and medical services in port, or making available to them
general health, medical and rehabilitation services; and
(k) arranging for the repatriation of the bodies or ashes of
deceased seafarers, in accordance with the wishes of the next of kin
and as soon as practicable.
2. International cooperation in the field of health protection
and medical care for seafarers should be based on bilateral or
multilateral agreements or consultations among Members.
Guideline B4.1.5 - Dependants of seafarers
1. Each Member should adopt measures to secure proper and
sufficient medical care for the dependants of seafarers domiciled in
its territory pending the development of a medical care service which
would include within its scope workers generally and their dependants
where such services do not exist and should inform the International
Labour Office concerning the measures taken for this purpose.
Regulation 4.2
SHIPOWNERS` LIABILITY
Purpose: To ensure that seafarers are protected from the
financial consequences of sickness, injury or death occurring in
connection with their employment
1. Each Member shall ensure that measures, in accordance with the
Code, are in place on ships that fly its flag to provide seafarers
employed on the ships with a right to material assistance and support
from the shipowner with respect to the financial consequences of
sickness, injury or death occurring while they are serving under a
seafarers` employment agreement or arising from their employment under
such agreement.
2. This Regulation does not affect any other legal remedies that
a seafarer may seek.
Standard A4.2
Shipowners` liability
1. Each Member shall adopt laws and regulations requiring that
shipowners of ships that fly its flag are responsible for health
protection and medical care of all seafarers working on board the
ships in accordance with the following minimum standards:
(a) shipowners shall be liable to bear the costs for seafarers
working on their ships in respect of sickness and injury of the
seafarers occurring between the date of commencing duty and the date
upon which they are deemed duly repatriated, or arising from their
employment between those dates;
(b) shipowners shall provide financial security to assure
compensation in the event of the death or long-term disability of
seafarers due to an occupational injury, illness or hazard, as set out
in national law, the seafarers` employment agreement or collective
agreement;
(c) shipowners shall be liable to defray the expense of medical
care, including medical treatment and the supply of the necessary
medicines and therapeutic appliances, and board and lodging away from
home until the sick or injured seafarer has recovered, or until the
sickness or incapacity has been declared of a permanent character; and
(d) shipowners shall be liable to pay the cost of burial expenses
in the case of death occurring on board or ashore during the period of
engagement.
2. National laws or regulations may limit the liability of the
shipowner to defray the expense of medical care and board and lodging
to a period which shall not be less than 16 weeks from the day of the
injury or the commencement of the sickness.
3. Where the sickness or injury results in incapacity for work
the shipowner shall be liable:
(a) to pay full wages as long as the sick or injured seafarers
remain on board or until the seafarers have been repatriated in
accordance with this Convention; and
(b) to pay wages in whole or in part as prescribed by national
laws or regulations or as provided for in collective agreements from
the time when the seafarers are repatriated or landed until their
recovery or, if earlier, until they are entitled to cash benefits
under the legislation of the Member concerned.
4. National laws or regulations may limit the liability of the
shipowner to pay wages in whole or in part in respect of a seafarer no
longer on board to a period which shall not be less than 16 weeks from
the day of the injury or the commencement of the sickness.
5. National laws or regulations may exclude the shipowner from
liability in respect of:
(a) injury incurred otherwise than in the service of the ship;
(b) injury or sickness due to the wilful misconduct of the sick,
injured or deceased seafarer; and
(c) sickness or infirmity intentionally concealed when the
engagement is entered into.
6. National laws or regulations may exempt the shipowner from
liability to defray the expense of medical care and board and lodging
and burial expenses in so far as such liability is assumed by the
public authorities.
7. Shipowners or their representatives shall take measures for
safeguarding property left on board by sick, injured or deceased
seafarers and for returning it to them or to their next of kin.
Guideline B4.2
Shipowners` liability
1. The payment of full wages required by Standard A4.2, paragraph
3 (a), may be exclusive of bonuses.
2. National laws or regulations may provide that a shipowner
shall cease to be liable to bear the costs of a sick or injured
seafarer from the time at which that seafarer can claim medical
benefits under a scheme of compulsory sickness insurance, compulsory
accident insurance or workers` compensation for accidents.
3. National laws or regulations may provide that burial expenses
paid by the shipowner shall be reimbursed by an insurance institution
in cases in which funeral benefit is payable in respect of the
deceased seafarer under laws or regulations relating to social
insurance or workers` compensation.
Regulation 4.3
HEALTH AND SAFETY PROTECTION AND ACCIDENT PREVENTION
Purpose: To ensure that seafarers` work environment on board
ships promotes occupational safety and health
1. Each Member shall ensure that seafarers on ships that fly its
flag are provided with occupational health protection and live, work
and train on board ship in a safe and hygienic environment.
2. Each Member shall develop and promulgate national guidelines
for the management of occupational safety and health on board ships
that fly its flag, after consultation with representative shipowners`
and seafarers` organizations and taking into account applicable codes,
guidelines and standards recommended by international organizations,
national administrations and maritime industry organizations.
3. Each Member shall adopt laws and regulations and other
measures addressing the matters specified in the Code, taking into
account relevant international instruments, and set standards for
occupational safety and health protection and accident prevention on
ships that fly its flag.
Standard A4.3
Health and safety protection and accident prevention
1. The laws and regulations and other measures to be adopted in
accordance with Regulation 4.3, paragraph 3, shall include the
following subjects:
(a) the adoption and effective implementation and promotion of
occupational safety and health policies and programmes on ships that
fly the Member`s flag, including risk evaluation as well as training
and instruction of seafarers;
(b) reasonable precautions to prevent occupational accidents,
injuries and diseases on board ship, including measures to reduce and
prevent the risk of exposure to harmful levels of ambient factors and
chemicals as well as the risk of injury or disease that may arise from
the use of equipment and machinery on board ships;
(c) on-board programmes for the prevention of occupational
accidents, injuries and diseases and for continuous improvement in
occupational safety and health protection, involving seafarers`
representatives and all other persons concerned in their
implementation, taking account of preventive measures, including
engineering and design control, substitution of processes and
procedures for collective and individual tasks, and the use of
personal protective equipment; and
(d) requirements for inspecting, reporting and correcting unsafe
conditions and for investigating and reporting on-board occupational
accidents.
2. The provisions referred to in paragraph 1 of this Standard
shall:
(a) take account of relevant international instruments dealing
with occupational safety and health protection in general and with
specific risks, and address all matters relevant to the prevention of
occupational accidents, injuries and diseases that may be applicable
to the work of seafarers and particularly those which are specific to
maritime employment;
(b) clearly specify the obligation of shipowners, seafarers and
others concerned to comply with the applicable standards and with the
ship`s occupational safety and health policy and programme with
special attention being paid to the safety and health of seafarers
under the age of 18;
(c) specify the duties of the master or a person designated by
the master, or both, to take specific responsibility for the
implementation of and compliance with the ship`s occupational safety
and health policy and programme; and
(d) specify the authority of the ship`s seafarers appointed or
elected as safety representatives to participate in meetings of the
ship`s safety committee. Such a committee shall be established on
board a ship on which there are five or more seafarers.
3. The laws and regulations and other measures referred to in
Regulation 4.3, paragraph 3, shall be regularly reviewed in
consultation with the representatives of the shipowners` and
seafarers` organizations and, if necessary, revised to take account of
changes in technology and research in order to facilitate continuous
improvement in occupational safety and health policies and programmes
and to provide a safe occupational environment for seafarers on ships
that fly the Member`s flag.
4. Compliance with the requirements of applicable international
instruments on the acceptable levels of exposure to workplace hazards
on board ships and on the development and implementation of ships`
occupational safety and health policies and programmes shall be
considered as meeting the requirements of this Convention.
5. The competent authority shall ensure that:
(a) occupational accidents, injuries and diseases are adequately
reported, taking into account the guidance provided by the
International Labour Organization with respect to the reporting and
recording of occupational accidents and diseases;
(b) comprehensive statistics of such accidents and diseases are
kept, analysed and published and, where appropriate, followed up by
research into general trends and into the hazards identified; and
(c) occupational accidents are investigated.
6. Reporting and investigation of occupational safety and health
matters shall be designed to ensure the protection of seafarers`
personal data, and shall take account of the guidance provided by the
International Labour Organization on this matter.
7. The competent authority shall cooperate with shipowners` and
seafarers` organizations to take measures to bring to the attention of
all seafarers information concerning particular hazards on board
ships, for instance, by posting official notices containing relevant
instructions.
8. The competent authority shall require that shipowners
conducting risk evaluation in relation to management of occupational
safety and health refer to appropriate statistical information from
their ships and from general statistics provided by the competent
authority.
Guideline B4.3
Health and safety protection and accident prevention
Guideline B4.3.1 - Provisions on occupational accidents, injuries
and diseases
1. The provisions required under Standard A4.3 should take into
account the ILO code of practice entitled Accident prevention on board
ship at sea and in port, 1996, and subsequent versions and other
related ILO and other international standards and guidelines and codes
of practice regarding occupational safety and health protection,
including any exposure levels that they may identify.
2. The competent authority should ensure that the national
guidelines for the management of occupational safety and health
address the following matters, in particular:
(a) general and basic provisions;
(b) structural features of the ship, including means of access
and asbestos-related risks;
(c) machinery;
(d) the effects of the extremely low or high temperature of any
surfaces with which seafarers may be in contact;
(e) the effects of noise in the workplace and in shipboard
accommodation;
(f) the effects of vibration in the workplace and in shipboard
accommodation;
(g) the effects of ambient factors, other than those referred to
in subparagraphs (e) and (f), in the workplace and in shipboard
accommodation, including tobacco smoke;
(h) special safety measures on and below deck;
(i) loading and unloading equipment;
(j) fire prevention and fire-fighting;
(k) anchors, chains and lines;
(l) dangerous cargo and ballast;
(m) personal protective equipment for seafarers;
(n) work in enclosed spaces;
(o) physical and mental effects of fatigue;
(p) the effects of drug and alcohol dependency;
(q) HIV/AIDS protection and prevention; and
(r) emergency and accident response.
3. The assessment of risks and reduction of exposure on the
matters referred to in paragraph 2 of this Guideline should take
account of the physical occupational health effects, including manual
handling of loads, noise and vibration, the chemical and biological
occupational health effects, the mental occupational health effects,
the physical and mental health effects of fatigue, and occupational
accidents. The necessary measures should take due account of the
preventive principle according to which, among other things, combating
risk at the source, adapting work to the individual, especially as
regards the design of workplaces, and replacing the dangerous by the
non-dangerous or the less dangerous, have precedence over personal
protective equipment for seafarers.
4. In addition, the competent authority should ensure that the
implications for health and safety are taken into account,
particularly in the following areas:
(a) emergency and accident response;
(b) the effects of drug and alcohol dependency; and
(c) HIV/AIDS protection and prevention.
Guideline B4.3.2 - Exposure to noise
1. The competent authority, in conjunction with the competent
international bodies and with representatives of shipowners` and
seafarers` organizations concerned, should review on an ongoing basis
the problem of noise on board ships with the objective of improving
the protection of seafarers, in so far as practicable, from the
adverse effects of exposure to noise.
2. The review referred to in paragraph 1 of this Guideline should
take account of the adverse effects of exposure to excessive noise on
the hearing, health and comfort of seafarers and the measures to be
prescribed or recommended to reduce shipboard noise to protect
seafarers. The measures to be considered should include the following:
(a) instruction of seafarers in the dangers to hearing and health
of prolonged exposure to high noise levels and in the proper use of
noise protection devices and equipment;
(b) provision of approved hearing protection equipment to
seafarers where necessary; and
(c) assessment of risk and reduction of exposure levels to noise
in all accommodation and recreational and catering facilities, as well
as engine rooms and other machinery spaces.
Guideline B4.3.3 - Exposure to vibration
1. The competent authority, in conjunction with the competent
international bodies and with representatives of shipowners` and
seafarers` organizations concerned, and taking into account, as
appropriate, relevant international standards, should review on an
ongoing basis the problem of vibration on board ships with the
objective of improving the protection of seafarers, in so far as
practicable, from the adverse effects of vibration.
2. The review referred to in paragraph 1 of this Guideline should
cover the effect of exposure to excessive vibration on the health and
comfort of seafarers and the measures to be prescribed or recommended
to reduce shipboard vibration to protect seafarers. The measures to be
considered should include the following:
(a) instruction of seafarers in the dangers to their health of
prolonged exposure to vibration;
(b) provision of approved personal protective equipment to
seafarers where necessary; and
(c) assessment of risks and reduction of exposure to vibration in
all accommodation and recreational and catering facilities by adopting
measures in accordance with the guidance provided by the ILO code of
practice entitled Ambient factors in the workplace, 2001, and any
subsequent revisions, taking account of the difference between
exposure in those areas and in the workplace.
Guideline B4.3.4 - Obligations of shipowners
1. Any obligation on the shipowner to provide protective
equipment or other accident prevention safeguards should, in general,
be accompanied by provisions requiring their use by seafarers and by a
requirement for seafarers to comply with the relevant accident
prevention and health protection measures.
2. Account should also be taken of Articles 7 and 11 of the
Guarding of Machinery Convention, 1963 (No. 119), and the
corresponding provisions of the Guarding of Machinery Recommendation,
1963 (No. 118), under which the obligation to ensure compliance with
the requirement that machinery in use is properly guarded, and its use
without appropriate guards prevented, rests on the employer, while
there is an obligation on the worker not to use machinery without the
guards being in position nor to make inoperative the guards provided.
Guideline B4.3.5 - Reporting and collection of statistics
1. All occupational accidents and occupational injuries and
diseases should be reported so that they can be investigated and
comprehensive statistics can be kept, analysed and published, taking
account of protection of the personal data of the seafarers concerned.
Reports should not be limited to fatalities or to accidents involving
the ship.
2. The statistics referred to in paragraph 1 of this Guideline
should record the numbers, nature, causes and effects of occupational
accidents and occupational injuries and diseases, with a clear
indication, as applicable, of the department on board a ship, the type
of accident and whether at sea or in port.
3. Each Member should have due regard to any international system
or model for recording accidents to seafarers which may have been
established by the International Labour Organization.
Guideline B4.3.6 - Investigations
1. The competent authority should undertake investigations into
the causes and circumstances of all occupational accidents and
occupational injuries and diseases resulting in loss of life or
serious personal injury, and such other cases as may be specified in
national laws or regulations.
2. Consideration should be given to including the following as
subjects of investigation:
(a) working environment, such as working surfaces, layout of
machinery, means of access, lighting and methods of work;
(b) incidence in different age groups of occupational accidents
and occupational injuries and diseases;
(c) special physiological or psychological problems created by
the shipboard environment;
(d) problems arising from physical stress on board a ship, in
particular as a consequence of increased workload;
(e) problems arising from and effects of technical developments
and their influence on the composition of crews; and
(f) problems arising from any human failures.
Guideline B4.3.7 - National protection and prevention programmes
1. In order to provide a sound basis for measures to promote
occupational safety and health protection and prevention of accidents,
injuries and diseases which are due to particular hazards of maritime
employment, research should be undertaken into general trends and into
such hazards as are revealed by statistics.
2. The implementation of protection and prevention programmes for
the promotion of occupational safety and health should be so organized
that the competent authority, shipowners and seafarers or their
representatives and other appropriate bodies may play an active role,
including through such means as information sessions, on-board
guidelines on maximum exposure levels to potentially harmful ambient
workplace factors and other hazards or outcomes of a systematic risk
evaluation process. In particular, national or local joint
occupational safety and health protection and accident prevention
committees or ad hoc working parties and on-board committees, on which
shipowners` and seafarers` organizations concerned are represented,
should be established.
3. Where such activity takes place at company level, the
representation of seafarers on any safety committee on board that
shipowner`s ships should be considered.
Guideline B4.3.8 - Content of protection and prevention
programmes
1. Consideration should be given to including the following in
the functions of the committees and other bodies referred to in
Guideline B4.3.7, paragraph 2:
(a) the preparation of national guidelines and policies for
occupational safety and health management systems and for accident
prevention provisions, rules and manuals;
(b) the organization of occupational safety and health protection
and accident prevention training and programmes;
(c) the organization of publicity on occupational safety and
health protection and accident prevention, including films, posters,
notices and brochures; and
(d) the distribution of literature and information on
occupational safety and health protection and accident prevention so
that it reaches seafarers on board ships.
2. Relevant provisions or recommendations adopted by the
appropriate national authorities or organizations or international
organizations should be taken into account by those preparing texts of
occupational safety and health protection and accident prevention
measures or recommended practices.
3. In formulating occupational safety and health protection and
accident prevention programmes, each Member should have due regard to
any code of practice concerning the safety and health of seafarers
which may have been published by the International Labour
Organization.
Guideline B4.3.9 - Instruction in occupational safety and health
protection and the prevention of occupational accidents
1. The curriculum for the training referred to in Standard A4.3,
paragraph 1 (a), should be reviewed periodically and brought up to
date in the light of development in types and sizes of ships and in
their equipment, as well as changes in manning practices, nationality,
language and the organization of work on board ships.
2. There should be continuous occupational safety and health
protection and accident prevention publicity. Such publicity might
take the following forms:
(a) educational audiovisual material, such as films, for use in
vocational training centres for seafarers and where possible shown on
board ships;
(b) display of posters on board ships;
(c) inclusion in periodicals read by seafarers of articles on the
hazards of maritime employment and on occupational safety and health
protection and accident prevention measures; and
(d) special campaigns using various publicity media to instruct
seafarers, including campaigns on safe working practices.
3. The publicity referred to in paragraph 2 of this Guideline
should take account of the different nationalities, languages and
cultures of seafarers on board ships.
Guideline B4.3.10 - Safety and health education of young
seafarers
1. Safety and health regulations should refer to any general
provisions on medical examinations before and during employment and on
the prevention of accidents and the protection of health in
employment, which may be applicable to the work of seafarers. Such
regulations should specify measures which will minimize occupational
dangers to young seafarers in the course of their duties.
2. Except where a young seafarer is recognized as fully qualified
in a pertinent skill by the competent authority, the regulations
should specify restrictions on young seafarers undertaking, without
appropriate supervision and instruction, certain types of work
presenting special risk of accident or of detrimental effect on their
health or physical development, or requiring a particular degree of
maturity, experience or skill. In determining the types of work to be
restricted by the regulations, the competent authority might consider
in particular work involving:
(a) the lifting, moving or carrying of heavy loads or objects;
(b) entry into boilers, tanks and cofferdams;
(c) exposure to harmful noise and vibration levels;
(d) operating hoisting and other power machinery and tools, or
acting as signallers to operators of such equipment;
(e) handling mooring or tow lines or anchoring equipment;
(f) rigging;
(g) work aloft or on deck in heavy weather;
(h) nightwatch duties;
(i) servicing of electrical equipment;
(j) exposure to potentially harmful materials, or harmful
physical agents such as dangerous or toxic substances and ionizing
radiations;
(k) the cleaning of catering machinery; and
(l) the handling or taking charge of ships` boats.
3. Practical measures should be taken by the competent authority
or through the appropriate machinery to bring to the attention of
young seafarers information concerning the prevention of accidents and
the protection of their health on board ships. Such measures could
include adequate instruction in courses, official accident prevention
publicity intended for young persons and professional instruction and
supervision of young seafarers.
4. Education and training of young seafarers both ashore and on
board ships should include guidance on the detrimental effects on
their health and well-being of the abuse of alcohol and drugs and
other potentially harmful substances, and the risk and concerns
relating to HIV/AIDS and of other health risk related activities.
Guideline B4.3.11 - International cooperation
1. Members, with the assistance as appropriate of
intergovernmental and other international organizations, should
endeavour, in cooperation with each other, to achieve the greatest
possible uniformity of action for the promotion of occupational safety
and health protection and prevention of accidents.
2. In developing programmes for promoting occupational safety and
health protection and prevention of accidents under Standard A4.3,
each Member should have due regard to relevant codes of practice
published by the International Labour Organization and the appropriate
standards of international organizations.
3. Members should have regard to the need for international
cooperation in the continuous promotion of activity related to
occupational safety and health protection and prevention of
occupational accidents. Such cooperation might take the form of:
(a) bilateral or multilateral arrangements for uniformity in
occupational safety and health protection and accident prevention
standards and safeguards;
(b) exchange of information on particular hazards affecting
seafarers and on means of promoting occupational safety and health
protection and preventing accidents;
(c) assistance in testing of equipment and inspection according
to the national regulations of the flag State;
(d) collaboration in the preparation and dissemination of
occupational safety and health protection and accident prevention
provisions, rules or manuals;
(e) collaboration in the production and use of training aids; and
(f) joint facilities for, or mutual assistance in, the training
of seafarers in occupational safety and health protection, accident
prevention and safe working practices.
Regulation 4.4
ACCESS TO SHORE-BASED WELFARE FACILITIES
Purpose: To ensure that seafarers working on board a ship have
access to shore-based facilities and services to secure their health
and well-being
1. Each Member shall ensure that shore-based welfare facilities,
where they exist, are easily accessible. The Member shall also promote
the development of welfare facilities, such as those listed in the
Code, in designated ports to provide seafarers on ships that are in
its ports with access to adequate welfare facilities and services.
2. The responsibilities of each Member with respect to
shore-based facilities, such as welfare, cultural, recreational and
information facilities and services, are set out in the Code.
Standard A4.4
Access to shore-based welfare facilities
1. Each Member shall require, where welfare facilities exist on
its territory, that they are available for the use of all seafarers,
irrespective of nationality, race, colour, sex, religion, political
opinion or social origin and irrespective of the flag State of the
ship on which they are employed or engaged or work.
2. Each Member shall promote the development of welfare
facilities in appropriate ports of the country and determine, after
consultation with the shipowners` and seafarers` organizations
concerned, which ports are to be regarded as appropriate.
3. Each Member shall encourage the establishment of welfare
boards which shall regularly review welfare facilities and services to
ensure that they are appropriate in the light of changes in the needs
of seafarers resulting from technical, operational and other
developments in the shipping industry.
Guideline B4.4
Access to shore-based welfare facilities
Guideline B4.4.1 - Responsibilities of Members
1. Each Member should:
(a) take measures to ensure that adequate welfare facilities and
services are provided for seafarers in designated ports of call and
that adequate protection is provided to seafarers in the exercise of
their profession; and
(b) take into account, in the implementation of these measures,
the special needs of seafarers, especially when in foreign countries
and when entering war zones, in respect of their safety, health and
spare-time activities.
2. Arrangements for the supervision of welfare facilities and
services should include participation by representative shipowners`
and seafarers` organizations concerned.
3. Each Member should take measures designed to expedite the free
circulation among ships, central supply agencies and welfare
establishments of welfare materials such as films, books, newspapers
and sports equipment for use by seafarers on board their ships and in
welfare centres ashore.
4. Members should cooperate with one another in promoting the
welfare of seafarers at sea and in port. Such cooperation should
include the following:
(a) consultations among competent authorities aimed at the
provision and improvement of seafarers` welfare facilities and
services, both in port and on board ships;
(b) agreements on the pooling of resources and the joint
provision of welfare facilities in major ports so as to avoid
unnecessary duplication;
(c) organization of international sports competitions and
encouragement of the participation of seafarers in sports activities;
and
(d) organization of international seminars on the subject of
welfare of seafarers at sea and in port.
Guideline B4.4.2 - Welfare facilities and services in ports
1. Each Member should provide or ensure the provision of such
welfare facilities and services as may be required, in appropriate
ports of the country.
2. Welfare facilities and services should be provided, in
accordance with national conditions and practice, by one or more of
the following:
(a) public authorities;
(b) shipowners` and seafarers` organizations concerned under
collective agreements or other agreed arrangements; and
(c) voluntary organizations.
3. Necessary welfare and recreational facilities should be
established or developed in ports. These should include:
(a) meeting and recreation rooms as required;
(b) facilities for sports and outdoor facilities, including
competitions;
(c) educational facilities; and
(d) where appropriate, facilities for religious observances and
for personal counselling.
4. These facilities may be provided by making available to
seafarers in accordance with their needs facilities designed for more
general use.
5. Where large numbers of seafarers of different nationalities
require facilities such as hotels, clubs and sports facilities in a
particular port, the competent authorities or bodies of the countries
of origin of the seafarers and of the flag States, as well as the
international associations concerned, should consult and cooperate
with the competent authorities and bodies of the country in which the
port is situated and with one another, with a view to the pooling of
resources and to avoiding unnecessary duplication.
6. Hotels or hostels suitable for seafarers should be available
where there is need for them. They should provide facilities equal to
those found in a good-class hotel, and should wherever possible be
located in good surroundings away from the immediate vicinity of the
docks. Such hotels or hostels should be properly supervised, the
prices charged should be reasonable in amount and, where necessary and
possible, provision should be made for accommodating seafarers`
families.
7. These accommodation facilities should be open to all
seafarers, irrespective of nationality, race, colour, sex, religion,
political opinion or social origin and irrespective of the flag State
of the ship on which they are employed or engaged or work. Without in
any way infringing this principle, it may be necessary in certain
ports to provide several types of facilities, comparable in standard
but adapted to the customs and needs of different groups of seafarers.
8. Measures should be taken to ensure that, as necessary,
technically competent persons are employed full time in the operation
of seafarers` welfare facilities and services, in addition to any
voluntary workers.
Guideline B4.4.3 - Welfare boards
1. Welfare boards should be established, at the port, regional
and national levels, as appropriate. Their functions should include:
(a) keeping under review the adequacy of existing welfare
facilities and monitoring the need for the provision of additional
facilities or the withdrawal of underutilized facilities; and
(b) assisting and advising those responsible for providing
welfare facilities and ensuring coordination between them.
2. Welfare boards should include among their members
representatives of shipowners` and seafarers` organizations, the
competent authorities and, where appropriate, voluntary organizations
and social bodies.
3. As appropriate, consuls of maritime States and local
representatives of foreign welfare organizations should, in accordance
with national laws and regulations, be associated with the work of
port, regional and national welfare boards.
Guideline B4.4.4 - Financing of welfare facilities
1. In accordance with national conditions and practice, financial
support for port welfare facilities should be made available through
one or more of the following:
(a) grants from public funds;
(b) levies or other special dues from shipping sources;
(c) voluntary contributions from shipowners, seafarers, or their
organizations; and
(d) voluntary contributions from other sources.
2. Where welfare taxes, levies and special dues are imposed, they
should be used only for the purposes for which they are raised.
Guideline B4.4.5 - Dissemination of information and facilitation
measures
1. Information should be disseminated among seafarers concerning
facilities open to the general public in ports of call, particularly
transport, welfare, entertainment and educational facilities and
places of worship, as well as facilities provided specifically for
seafarers.
2. Adequate means of transport at moderate prices should be
available at any reasonable time in order to enable seafarers to reach
urban areas from convenient locations in the port.
3. All suitable measures should be taken by the competent
authorities to make known to shipowners and to seafarers entering port
any special laws and customs, the contravention of which may
jeopardize their freedom.
4. Port areas and access roads should be provided by the
competent authorities with adequate lighting and signposting and
regular patrols for the protection of seafarers.
Guideline B4.4.6 - Seafarers in a foreign port
1. For the protection of seafarers in foreign ports, measures
should be taken to facilitate:
(a) access to consuls of their State of nationality or State of
residence; and
(b) effective cooperation between consuls and the local or
national authorities.
2. Seafarers who are detained in a foreign port should be dealt
with promptly under due process of law and with appropriate consular
protection.
3. Whenever a seafarer is detained for any reason in the
territory of a Member, the competent authority should, if the seafarer
so requests, immediately inform the flag State and the State of
nationality of the seafarer. The competent authority should promptly
inform the seafarer of the right to make such a request. The State of
nationality of the seafarer should promptly notify the seafarer`s next
of kin. The competent authority should allow consular officers of
these States immediate access to the seafarer and regular visits
thereafter so long as the seafarer is detained.
4. Each Member should take measures, whenever necessary, to
ensure the safety of seafarers from aggression and other unlawful acts
while ships are in their territorial waters and especially in
approaches to ports.
5. Every effort should be made by those responsible in port and
on board a ship to facilitate shore leave for seafarers as soon as
possible after a ship`s arrival in port.
Regulation 4.5
SOCIAL SECURITY
Purpose: To ensure that measures are taken with a view to
providing seafarers with access to social security protection
1. Each Member shall ensure that all seafarers and, to the extent
provided for in its national law, their dependants have access to
social security protection in accordance with the Code without
prejudice however to any more favourable conditions referred to in
paragraph 8 of article 19 of the Constitution.
2. Each Member undertakes to take steps, according to its
national circumstances, individually and through international
cooperation, to achieve progressively comprehensive social security
protection for seafarers.
3. Each Member shall ensure that seafarers who are subject to its
social security legislation, and, to the extent provided for in its
national law, their dependants, are entitled to benefit from social
security protection no less favourable than that enjoyed by
shoreworkers.
Standard A4.5
Social security
1. The branches to be considered with a view to achieving
progressively comprehensive social security protection under
Regulation 4.5 are: medical care, sickness benefit, unemployment
benefit, old-age benefit, employment injury benefit, family benefit,
maternity benefit, invalidity benefit and survivors` benefit,
complementing the protection provided for under Regulations 4.1, on
medical care, and 4.2, on shipowners` liability, and under other
titles of this Convention.
2. At the time of ratification, the protection to be provided by
each Member in accordance with Regulation 4.5, paragraph 1, shall
include at least three of the nine branches listed in paragraph 1 of
this Standard.
3. Each Member shall take steps according to its national
circumstances to provide the complementary social security protection
referred to in paragraph 1 of this Standard to all seafarers
ordinarily resident in its territory. This responsibility could be
satisfied, for example, through appropriate bilateral or multilateral
agreements or contribution-based systems. The resulting protection
shall be no less favourable than that enjoyed by shoreworkers resident
in their territory.
4. Notwithstanding the attribution of responsibilities in
paragraph 3 of this Standard, Members may determine, through bilateral
and multilateral agreements and through provisions adopted in the
framework of regional economic integration organizations, other rules
concerning the social security legislation to which seafarers are
subject.
5. Each Member`s responsibilities with respect to seafarers on
ships that fly its flag shall include those provided for by
Regulations 4.1 and 4.2 and the related provisions of the Code, as
well as those that are inherent in its general obligations under
international law.
6. Each Member shall give consideration to the various ways in
which comparable benefits will, in accordance with national law and
practice, be provided to seafarers in the absence of adequate coverage
in the branches referred to in paragraph 1 of this Standard.
7. The protection under Regulation 4.5, paragraph 1, may, as
appropriate, be contained in laws or regulations, in private schemes
or in collective bargaining agreements or in a combination of these.
8. To the extent consistent with their national law and practice,
Members shall cooperate, through bilateral or multilateral agreements
or other arrangements, to ensure the maintenance of social security
rights, provided through contributory or non-contributory schemes,
which have been acquired, or are in the course of acquisition, by all
|