CONVENTION No. 134 Convention concerning the Prevention of Occupa-tional Accidents to Seafarers
CONVENTION No. 134 Convention concerning the Prevention of Occupa-tional Accidents to Seafarers
[Date of coming into force: 17 February 1973.]
Whole document
The General Conference of the International Load Organization,
Having been convened at Geneva by the Governing Body of the
International labour Office, and having met in its Fifty-fifth Session on
14 October 1970, and
Noting the terms of existing international labour Conventions and
Recommendations applicable to work on board ship and in port and relevant
to the prevention of occupational accidents to seafarers, and in
particular of the Labour Inspection (Seamen) Recommendation, 1926, the
Prevention of Industrial Accidents Recommendation, 1929, the Protection
against Accidents (Dockers) Convention (Revised), 1932, the Medical
Examination (Seafarers) Convention, 1946, and the Guarding of Machinery
Convention and Recommendation, 1963, and
Noting the terms of the Safety of Life at Sea Convention, 1960, and
the Regulations annexed to the International Load Line Convention as
revised in 1966, which provide for a number of safety measures on board
ship which provide protection for persons employed thereon, and
Having decided upon the adoption of certain proposals with regard to
accident prevention on board ship at sea and in port, which is the fifth
item on the agenda of the session, and
Having determined that these proposals shall take the form of an
international Convention, and
Noting that, for the success of action in the field of accident
prevention on board ship, it is important that close co-operation be
maintained in their respective fields between the International Labour
Organization and the Inter-Governmental Maritime Consultative
Organization, and
Noting that the following standards have accordingly been framed with
the co-operation of the Inter-Governmental Maritime Consultative
Organization, and that it is proposed to seek its continuing co-operation
in the application of these standards, adopts this thirtieth day of
October of the year one thousand nine hundred and seventy the following
Convention, which may be cited as the Prevention of Accidents (Seafarers)
Convention, 1970:
Article 1
1. For the purpose of this Convention, the term "seafarer" covers all
persons who are employed in any capacity on board a ship, other than a
ship of war, registered in a territory for which the Convention is in
force and ordinarily engaged in maritime navigation.
2. In the event of any doubt whether any categories of persons are to
be regarded as seafarers for the purpose of this Convention, the question
shall be determined by the competent authority in each country after
consultation with the shipowners' and seafarers' organizations concerned.
3. For the purpose of this Convention, the term "occupational
accidents" covers accidents to seafarers arising out of or in the course
of their employment.
Article 2
1. The competent authority in each maritime country shall take the
necessary measured to ensure that occupational accidents are adequately
reported and investigated, and comprehensive statistics of such accidents
kept and analysed.
2. All occupational accidents shall be reported and statistics shall
not be limited to fatalities or to accidents involving the ship.
3. The statistics shall record the numbers, nature, caused and effects
of occupational accidents, with a clear indication of the department on
board ship-for instance, deck, engine or catering-and of the area-for
instance, at sea or in port-where the accident occurred.
4. The competent authority shall undertake an investigation into the
causes and circumstances of occupational accidents resulting in loss of
life or serious personal injury, and such other accidents as may be
specified in national laws or regulations.
Article 3
In order to provide a sound basis for the prevention of accidents
which are due to particular hazards of maritime employment, research shall
be undertaken into general trends and into such hazards as are brought out
by statistics.
Article 4
1. Provisions concerning the prevention of occupational accidents
shall be laid down by laws or regulations, codes of practice or other
appropriate means.
2. These provisions shall refer to any general provisions on the
prevention of accidents and the protection of health in employment which
may be applicable to the work of seafarers, and shall specify measures
for the prevention of accidents which are peculiar to maritime employment.
3. In particular, these provisions shall cover the following matters:
(a) general and basic provisions;
(b) structural features of the ship;
(c) machinery;
(d) special safety measures on and below deck;
(e) loading and unloading equipment;
(f) fire prevention and fire-fighting;
(g) anchors, chains and lines;
(h) dangerous cargo and ballast;
(i) personal protective equipment for seafarers.
Article 5
1. The accident prevention provisions referred to in Article 4 shall
clearly specify the obligation of shipowners, seafarers and others
concerned to comply with them.
2. Generally, any obligation on the shipowner to provide protective
equipment or other accident prevention safeguards shall be accompanied by
provision for the use of such equipment and safeguards by seafarers and a
requirement that they comply with the relevant accident prevention
measures.
Article 6
1. Appropriate measures shall be taken to ensure the proper
application of the provisions referred to in Article 4, by means of
adequate inspection or otherwise.
2. Appropriate measures shall be taken to ensure compliance with these
provisions.
3. All necessary steps shall be taken to ensure that inspection and
enforcement authorities are familiar with maritime employment and its
practices.
4. In order to facilitate application, copies or summaries of the
provisions shall be brought to the attention of seafarers, for instance by
display in a prominent position on board ship.
Article 7
Provision shall be made for the appointment, from amongst the crew of
the ship, of a suitable person or suitable persons or of a suitable
committee responsible, under the Master, for accident prevention.
Article 8
1. Programmes for the prevention of occupational accidents shall be
established by the competent authority with the co-operation of
shipowners' and seafarers' organizations.
2. Implementation of such programmes shall be so organized that the
competent authority, shipowners and seafarers or their representatives
and other appropriate bodies may play an active part.
3. In particular, national or local joint accident prevention
committees or ad hoc working parties, on which both shipowners' and
seafarers' organizations are represented, shall be established.
Article 9
1. The competent authority shall promote and, in so far as appropriate
under national conditions, ensure the inclusion, as part of the
instruction in professional duties, of instruction in the prevention of
accidents and in measures for the protection of health in employment in
the curricula, for all categories and grades of seafarers, of vocational
training institutions.
2. All appropriate and practicable measures shall also be taken to
bring to the attention of seafarers information concerning particular
hazards, for instance by means of official notices containing relevant
instructions.
Article 10
Members, with the assistance as appropriate of intergovernmental and
other international organizations, shall endeavour, in co-operation with
each other, to achieve the greatest possible measure of uniformity of
other action for the prevention of occupational accidents.
Article 11
The formal ratifications of this Convention shall be communicated to
the Director-General of the International Labour Office for registration.
Article 12
1. This Convention shall be binding only upon those Members of the
International Labour Organization whose ratifications have been registered
with the 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 13
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 14
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 15
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
Article.
Article 16
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 17
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 13 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 18
The English and French versions of the text of this Convention are
equally authoritative.
arers, for instance by
display in a prominent position on board ship.
Article 7
Provision shall be made for the appointment, from amongst the crew of
the ship, of a suitable person or suitable persons or of a suitable
committee responsible, under the Master, for accident prevention.
Article 8
1. Programmes for the prevention of occupational accidents shall be
established by the competent authority with the co-operation of
shipowners' and seafarers' organizations.
2. Implementation of such programmes shall be so organized that the
competent authority, shipowners and seafarers or their representatives
and other appropriate bodies may play an active part.
3. In particular, national or local joint accident prevention
committees or ad hoc working parties, on which both shipowners' and
seafarers' organizations are represented, shall be established.
Article 9
1. The competent authority shall promote and, in so far as appropriate
under national conditions, ensure the inclusion, as part of the
instruction in professional duties, of instruction in the prevention of
accidents and in measures for the protection of health in employment in
the curricula, for all categories and grades of seafarers, of vocational
training institutions.
2. All appropriate and practicable measures shall also be taken to
bring to the attention of seafarers information concerning particular
hazards, for instance by means of official notices containing relevant
instructions.
Article 10
Members, with the assistance as appropriate of intergovernmental and
other international organizations, shall endeavour, in co-operation with
each other, to achieve the greatest possible measure of uniformity of
other action for the prevention of occupational accidents.
Article 11
The formal ratifications of this Convention shall be communicated to
the Director-General of the International Labour Office for registration.
Article 12
1. This Convention shall be binding only upon those Members of the
International Labour Organization whose ratifications have been registered
with the 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 13
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 14
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 15
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
Article.
Article 16
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 17
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 13 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 18
The English and French versions of the text of this Convention are
equally authoritative.
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