CONVENTION No.164 Convention concerning Health Protection andMedical Care for Seafarers
CONVENTION No.164 Convention concerning Health Protection andMedical Care for Seafarers
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The General Conference of the International Labour Organization,
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 Organization, 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 organizations 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
organizations 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 Organization 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 Organization 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 Organization 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.
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