ILO Convention (No.
164) concerning Health Protection and Medical Care for Seafarers
(Geneva, 8 October 1987)
THE GENERAL CONFERENCE OF THE INTERNATIONAL
LABOUR ORGANISATION,
HAVING BEEN CONVENED at Geneva by the
Governing Body of the International Labour Office, and having met in its
Seventy-fourth Session on 24 September 1987, and
NOTING the provisions of the Medical
Examination (Seafarers) Convention, 1946, the Accommodation of Crews Convention
(Revised), 1949, the Accommodation of Crews (Supplementary Provisions)
Convention, 1970, the Ships' Medicine Chests Recommendation, 1958, the
Medical Advice at Sea Recommendation, 1958, and the Prevention of Accidents
(Seafarers) Convention and Recommendation, 1970, and
NOTING the terms of the International
Convention on Standards of Training, Certification and Watchkeeping for
Seafarers, 1978, as regards training in medical aid in the case of accidents
or illnesses that are likely to occur on board ship, and
NOTING that for the success of action
in the field of health protection and medical care for seafarers, it is
important that close co-operation be maintained in their respective fields
between the International Labour Organisation, the International Maritime
Organization and the World Health Organization, and
NOTING that the following standards
have accordingly been framed with the co-operation of the International
Maritime Organization and the World Health Organization, and that it is
proposed to seek their continuing co-operation in the application of these
standards, and
HAVING DECIDED upon the adoption of
certain proposals with regard to health protection and medical care for
seafarers, which is the fourth item on the agenda of the session, and
HAVING DETERMINED that these proposals
shall take the form of an international Convention,
ADOPTS this eighth day of October of
the year one thousand nine hundred and eighty-seven the following Convention
which may be cited as the Health Protection and Medical Care (Seafarers)
Convention, 1987:
Article 1
1. This Convention applies to every seagoing
ship whether publicly or privately owned, which is registered in the territory
of any Member for which the Convention is in force and which is ordinarily
engaged in commercial maritime navigation.
2. To the extent it deems practicable, after
consultation with the representative organisations of fishing-vessel owners
and fishermen, the competent authority shall apply the provisions of this
Convention to commercial maritime fishing.
3. In the event of doubt as to whether or
not any ships are to be regarded as engaged in commercial maritime navigation
or commercial maritime fishing for the purpose of this Convention, the
question shall be determined by the competent authority after consultation
with the organisations of shipowners, seafarers and fishermen concerned.
4. For the purpose of this Convention the
term "seafarer" means any person who is employed in any capacity on board
a seagoing ship to which this Convention applies.
Article 2
Effect shall be given to this Convention by
national laws or regulations, collective agreements, works rules, arbitration
awards or court decisions or other means appropriate to national conditions.
Article 3
Each Member shall by national laws or regulations
make shipowners responsible for keeping ships in proper sanitary and hygienic
conditions.
Article 4
Each Member shall ensure that measures providing
for health protection and medical care for seafarers on board ship are
adopted which -
(a) ensure the application to seafarers of
any general provisions on occupational health protection and medical care
relevant to the seafaring profession, as well as of special provisions
peculiar to work on board;
(b) aim at providing seafarers with health
protection and medical care as comparable as possible to that which is
generally available to workers ashore;
(c) guarantee seafarers the right to visit
a doctor without delay in ports of call where practicable;
(d) ensure that, in accordance with national
law and practice, medical care and health protection while a seafarer is
serving on articles are provided free of charge to seafarers;
(e) are not limited to treatment of sick or
injured seafarers but include measures of a preventive character, and devote
particular attention to the development of health promotion and health
education programmes in order that seafarers themselves may play an active
part in reducing the incidence of ill-health among their number.
Article 5
1. Every ship to which this Convention applies
shall be required to carry a medicine chest.
2. The contents of the medicine chest and
the medical equipment carried on board shall be prescribed by the competent
authority taking into account such factors as the type of ship, the number
of persons on board and the nature, destination and duration of voyages.
3. In adopting or reviewing the national provisions
concerning the contents of the medicine chest and the medical equipment
carried on board, the competent authority shall take into account international
recommendations in this field, such as the most recent edition of the "International
Medical Guide for Ships" and the "List of Essential Drugs" published by
the World Health Organization, as well as advances in medical knowledge
and approved methods of treatment.
4. The medicine chest and its contents as
well as the medical equipment carried on board shall be properly maintained
and inspected at regular intervals, not exceeding 12 months, by responsible
persons designated by the competent authority, who shall ensure that the
expiry dates and conditions of storage of all medicines are checked.
5. The competent authority shall ensure that
the contents of the medicine chest are listed and labelled with generic
names in addition to any brand names used, expiry dates and conditions
of storage, and that they conform to the medical guide used nationally.
6. The competent authority shall ensure that
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" published by the International Maritime Organization,
the necessary information on the nature of the substances, the risks involved,
the necessary personal protective devices, the relevant medical procedures
and specific antidotes is made available to the master, seafarers and other
interested persons. Such specific antidotes and personal protective devices
shall be on board whenever dangerous goods are carried.
7. In cases of urgent necessity and when a
medicine prescribed by qualified medical personnel for a seafarer is not
available in the medicine chest, the shipowner shall take all necessary
steps to obtain it as soon as possible.
Article 6
1. Every ship to which this Convention applies
shall be required to carry a ship's medical guide adopted by the competent
authority.
2. The medical guide shall explain how the
contents of the medicine chest are to be used and shall be designed to
enable persons other than a doctor to care for the sick or injured on board
both with and without medical advice by radio or satellite communication.
3. In adopting or reviewing the ship's medical
guide used nationally, the competent authority shall take into account
international recommendations in this field, including the most recent
edition of the "International Medical Guide for Ships" and the "Medical
First Aid Guide for Use in Accidents involving Dangerous Goods".
Article 7
1. 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 at any hour
of the day or night.
2. Such 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 territory in which they are registered.
3. With a view to ensuring that optimum use
is made of facilities available for medical advice by radio or satellite
communication -
(a) all ships to which this Convention applies
which are equipped with radio installations shall carry a complete list
of radio stations through which medical advice can be obtained;
(b) all ships to which this Convention applies
which are equipped with a system of satellite communication shall carry
a complete list of coast earth stations through which medical advice can
be obtained;
(c) the lists shall be kept up to date and
in the custody of the person on board responsible for communication duties.
4. Seafarers on board requesting medical advice
by radio or satellite communication shall 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" published by the International Maritime
Organization so as to enable them to understand the type of information
needed by the advising doctor as well as the advice received.
5. The competent authority shall ensure that
doctors providing medical advice in accordance with this Article receive
appropriate training and are aware of shipboard conditions.
Article 8
1. All ships to which this Convention applies
carrying 100 or more seafarers and ordinarily engaged on international
voyages of more than three days' duration shall carry a medical doctor
as a member of the crew responsible for providing medical care.
2. National laws or regulations shall determine
which other ships shall be required to carry a medical doctor as a member
of the crew, taking into account, inter alia, such factors as the duration,
nature and conditions of the voyage and the number of seafarers on board.
Article 9
1. All ships to which this Convention applies
and which do not carry a doctor shall carry as members of the crew one
or more specified persons in charge of medical care and the administering
of medicines as part of their regular duties.
2. Persons in charge of medical care on board
who are not doctors shall have satisfactorily completed a course approved
by the competent authority of theoretical and applied training in medical
skills. This course shall comprise -
(a) for ships of less than 1,600 gross tonnage
which ordinarily are capable of reaching qualified medical care and medical
facilities within eight hours, elementary training which will enable such
persons to take immediate, effective action in case of accidents or illnesses
likely to occur on board ship and to make use of medical advice by radio
or satellite communication;
(b) for all other ships, more advanced medical
training, including practical training in the emergency/casualty department
of a hospital where practicable and training in life-saving techniques
such as intravenous therapy, which will enable the persons concerned to
participate effectively in co-ordinated 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. Wherever possible, this training shall be provided under the supervision
of a physician with a thorough knowledge and understanding of the medical
problems and circumstances relating to the seafaring profession, including
expert knowledge of radio or satellite communication medical services.
3. The courses referred to in this Article
shall be based on the contents of the most recent edition 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" published by the International Maritime Organization,
and the medical section of the "International Code of Signals" as well
as similar national guides.
4. Persons referred to in paragraph 2 of this
Article and such other seafarers as may be required by the competent authority
shall undergo refresher courses to enable them to maintain and increase
their knowledge and skills and to keep abreast of new developments, at
approximately five-year intervals.
5. All seafarers, during their maritime vocational
training, shall receive instruction on the immediate action that should
be taken on encountering an accident or other medical emergency on board.
6. In addition to the person or persons in
charge of medical care on board, a specified crew member or crew members
shall receive elementary training in medical care to enable him or them
to take immediate effective action in case of accidents or illnesses likely
to occur on board ship.
Article 10
All ships to which this Convention applies
shall provide all possible medical assistance, where practicable, to other
vessels which may request it.
Article 11
1. In any ship of 500 or more gross tonnage,
carrying 15 or more seafarers and engaged in a voyage of more than three
days' duration, separate hospital accommodation shall be provided. The
competent authority may relax this requirement in respect of ships engaged
in coastal trade.
2. In any ship of between 200 and 500 gross
tonnage and in tugs this Article shall be applied where reasonable and
practicable.
3. This Article does not apply to ships primarily
propelled by sail.
4. The hospital accommodation shall be suitably
situated, so that it is easy of access and so that the occupants may be
comfortably housed and may receive proper attention in all weathers.
5. The hospital accommodation shall be so
designed as to facilitate consultation and the giving of medical first
aid.
6. The arrangement of the entrance, berths,
lighting, ventilation, heating and water supply shall be designed to ensure
the comfort and facilitate the treatment of the occupants.
7. The number of hospital berths required
shall be prescribed by the competent authority.
8. Water closet accommodation shall be provided
for the exclusive use of the occupants of the hospital accommodation, either
as part of the accommodation or in close proximity thereto.
9. Hospital accommodation shall not be used
for other than medical purposes.
Article 12
1. A standard medical report form for seafarers
shall be adopted by the competent authority as a model for use by ships'
doctors, masters or persons in charge of medical care on board and hospitals
or doctors ashore.
2. The form shall be specially designed to
facilitate the exchange of medical and related information concerning individual
seafarers between ship and shore in cases of illness or injury.
3. The information contained in the medical
report form shall be kept confidential and shall be used for no other purpose
than to facilitate the treatment of seafarers.
Article 13
1. Members for which this Convention is in
force shall co-operate with one another in promoting protection of the
health of seafarers and medical care for them on board ship.
2. Such co-operation might cover the following
matters:
(a) developing and co-ordinating 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 co-ordination centres
and emergency helicopter services, in conformity with the provisions of
the International Convention of Maritime Search and Rescue, 1979, and the
"Merchant Ship Search and Rescue Manual" and "IMO Search and Rescue Manual"
developed by the International Maritime Organization;
(b) making optimum use of fishing vessels
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 world-wide to provide
emergency medical care to seafarers;
(d) landing seafarers in port for emergency
treatment;
(e) repatriating seafarers hospitalised 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;
(ii) train medical and health service staff
in maritime medicine;
(h) collecting and evaluating statistics concerning
occupational accidents, diseases and fatalities to seafarers and integrating
and harmonising them with any existing national system of statistics on
occupational accidents, diseases and fatalities covering other categories
of workers;
(i) organising 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;
(k) arranging for the repatriation of the
bodies or ashes, in accordance with the wishes of the next of kin, of deceased
seafarers as soon as practicable.
3. International co-operation in the field
of health protection and medical care for seafarers shall be based on bilateral
or multilateral agreements or consultations among Members.
Article 14
The formal ratifications of this Convention
shall be communicated to the Director-General of the International Labour
Office for registration.
Article 15
1. This Convention shall be binding only upon
those Members of the International Labour Organisation whose ratifications
have been registered with Director-General.
2. It shall come into force twelve months
after the date on which the ratifications of two Members have been registered
with the Director-General.
3. Thereafter, this Convention shall come
into force for any Member twelve months after the date on which its ratification
has been registered.
Article 16
1. A Member which has ratified this Convention
may denounce it after the expiration of ten years from the date on which
the Convention first comes into force, by an act communicated to the Director-General
of the International Labour Office for registration. Such denunciation
shall not take effect until one year after the date on which it is registered.
2. Each Member which has ratified this Convention
and which does not, within the year following the expiration of the period
of ten years mentioned in the preceding paragraph, exercise the right of
denunciation provided for in this Article, will be bound for another period
of ten years and, thereafter, may denounce this Convention at the expiration
of each period of ten years under the terms provided for in this Article.
Article 17
1. The Director-General of the International
Labour Office shall notify all Members of the International Labour Organisation
of the registration of all ratifications and denunciations communicated
to him by the Members of the Organization.
2. When notifying the Members of the Organization
of the registration of the second ratification communicated to him, the
Director-General shall draw the attention of the Members of the Organisation
to the date upon which the Convention will come into force.
Article 18
The Director-General of the International
Labour Office shall communicate to the Secretary-General of the United
Nations for registration in accordance with Article 102 of the Charter
of the United Nations full particulars of all ratifications and acts of
denunciation registered by him in accordance with the provisions of the
preceding Articles.
Article 19
At such times as it may consider necessary
the Governing Body of the International Labour Office shall present to
the General Conference a report on the working of this Convention and shall
examine the desirability of placing on the agenda of the Conference the
question of its revision in whole or in part.
Article 20
1. Should the Conference adopt a new Convention
revising this Convention in whole or in part, then, unless the new Convention
otherwise provides -
(a) the ratification by a Member of the new
revising Convention shall ipso jure involve the immediate denunciation
of this Convention, notwithstanding the provisions of Article 16 above,
if and when the new revising Convention shall have come into force;
(b) as from the date when the new revising
Convention comes into force this Convention shall cease to be open to ratification
by the Members.
2. This Convention shall in any case remain
in force in its actual form and content for those Members which have ratified
it but have not ratified the revising Convention.
Article 21
The English and French versions of the text
of this Convention are equally authoritative. |