Конвенция о труде в морском судоходстве (КТМС-2006)

Maritime Labour Convention, 2006

Guideline B3.1.9 – Other facilities

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

Each Member should consider applying the following principles:

(a)

clean bedding and mess utensils should be supplied by the shipowner to all sea-
farers 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

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.

Furnishings for recreational facilities should as a minimum include a book-

case and facilities for reading, writing and, where practicable, games.

In connection with the planning of recreation facilities, the competent author-

ity should give consideration to the provision of a canteen.

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.

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Accommodation, recreational facilities, food and catering

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 re-
addressed owing to circumstances beyond their control.

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.

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

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.

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.

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.

The limits for noise levels for working and living spaces should be in con-

formity 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 acces-
sible to seafarers.

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

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

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Maritime Labour Convention, 2006

adequately covers the requirements of the ship and takes into account the differing cul-
tural and religious backgrounds.

Seafarers on board a ship shall be provided with food free of charge during

the period of engagement.

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

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.

Each Member shall ensure that ships that fly its flag meet the following min-

imum 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.

Shipowners shall ensure that seafarers who are engaged as ships’ cooks are

trained, qualified and found competent for the position in accordance with require-
ments set out in the laws and regulations of the Member concerned.

The requirements under paragraph 3 of this Standard shall include a comple-

tion 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.

On ships operating with a prescribed manning of less than ten which, by vir-

tue 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.

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 ex-
ceeding 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.

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:

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Accommodation, recreational facilities, food and catering

(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.

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

The competent authority should, in cooperation with other relevant agencies

and organizations, collect up-to-date information on nutrition and on methods of pur-
chasing, storing, preserving, cooking and serving food, with special reference to the re-
quirements 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 sup-
plies 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.

The competent authority should issue recommendations to avoid wastage of

food, facilitate the maintenance of a proper standard of hygiene, and ensure the max-
imum practicable convenience in working arrangements.

The competent authority should work with relevant agencies and organiza-

tions to develop educational materials and on-board information concerning methods
of ensuring proper food supply and catering services.

The competent authority should work in close cooperation with the ship-

owners’ 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

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.

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.

The competent authority should provide for the recognition, where appro-

priate, 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.

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ITLE

4. H

EALTH

PROTECTION

MEDICAL

CARE

WELFARE

AND

SOCIAL

SECURITY

PROTECTION

Health protection, medical care, welfare and social security 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

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 ac-
cess to prompt and adequate medical care whilst working on board.

The protection and care under paragraph 1 of this Regulation shall, in prin-

ciple, be provided at no cost to the seafarers.

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 facil-
ities on shore.

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 pro-
tection 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

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.

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,

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Health protection, medical care, welfare and social security protection

when completed, and its contents shall be kept confidential and shall only be used to
facilitate the treatment of seafarers.

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.

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 com-
petent 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 medi-
cine 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 Train-
ing, Certification and Watchkeeping for Seafarers, 1978, as amended (“STCW”);
seafarers designated to provide medical first aid shall have satisfactorily com-
pleted 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 ad-
vice by radio or satellite communication to ships at sea, including specialist
advice, is available 24 hours a day;

medical advice, including the onward trans-

mission 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

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

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Maritime Labour Convention, 2006

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 train-
ing in medical care required by STCW, including practical training and training
in life-saving techniques such as intravenous therapy, which will enable the per-
sons concerned to participate effectively in coordinated schemes for medical as-
sistance 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.

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.

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 knowl-
edge and skills and to keep up-to-date with new developments.

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 regu-
lar intervals, not exceeding 12 months, by responsible persons designated by the com-
petent 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 nation-
ally, 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.

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 an-
tidotes should be made available to the seafarers. Such specific antidotes and personal
protective devices should be on board whenever dangerous goods are carried. This infor-
mation should be integrated with the ship’s policies and programmes on occupational
safety and health described in Regulation 4.3 and related Code provisions.

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 com-
munication, 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 doc-
tor as well as the advice received.

Guideline B4.1.2 – Medical report form

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.

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Health protection, medical care, welfare and social security protection

Guideline B4.1.3 – Medical care ashore

Shore-based medical facilities for treating seafarers should be adequate for

the purposes. The doctors, dentists and other medical personnel should be properly
qualified.

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.

Suitable measures should be taken to facilitate the treatment of seafarers suf-

fering 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, con-
tinuation of treatment to supplement the medical facilities available to them.

Guideline B4.1.4 – Medical assistance to other ships and international cooperation

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 coordina-
tion centres and emergency helicopter services, in conformity with the Inter-
national 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 facil-
ities 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;

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Maritime Labour Convention, 2006

(j)

providing all seafarers with special curative and preventive health and medical
services in port, or making available to them general health, medical and re-
habilitation services; and

(k)

arranging for the repatriation of the bodies or ashes of deceased seafarers, in ac-
cordance with the wishes of the next of kin and as soon as practicable.

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

Each Member should adopt measures to secure proper and sufficient medi-

cal care for the dependants of seafarers domiciled in its territory pending the develop-
ment 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 Inter-
national 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

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 conse-
quences of sickness, injury or death occurring while they are serving under a seafarers’
employment agreement or arising from their employment under such agreement.

This Regulation does not affect any other legal remedies that a seafarer may

seek.

Standard A4.2 – Shipowners’ liability

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 sea-
farers 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 com-
mencing duty and the date upon which they are deemed duly repatriated, or aris-
ing 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, ill-
ness 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 med-
ical treatment and the supply of the necessary medicines and therapeutic appli-
ances, 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 perma-
nent character; and

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Health protection, medical care, welfare and social security protection

(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.

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.

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 re-
patriated or landed until their recovery or, if earlier, until they are entitled to cash
benefits under the legislation of the Member concerned.

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.

National laws or regulations may exclude the shipowner from liability in re-

spect 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.

National laws or regulations may exempt the shipowner from liability to de-

fray the expense of medical care and board and lodging and burial expenses in so far
as such liability is assumed by the public authorities.

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

The payment of full wages required by Standard A4.2, paragraph 3(a), may

be exclusive of bonuses.

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, com-
pulsory accident insurance or workers’ compensation for accidents.

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.

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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

Each Member shall ensure that seafarers on ships that fly its flag are pro-

vided with occupational health protection and live, work and train on board ship in a
safe and hygienic environment.

Each Member shall develop and promulgate national guidelines for the man-

agement of occupational safety and health on board ships that fly its flag, after con-
sultation 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.

Each Member shall adopt laws and regulations and other measures addres-

sing the matters specified in the Code, taking into account relevant international in-
struments, and set standards for occupational safety and health protection and acci-
dent prevention on ships that fly its flag.

Standard A4.3 – Health and safety protection and accident prevention

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, includ-
ing 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 dis-
ease 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 pro-
tection, involving seafarers’ representatives and all other persons concerned in
their implementation, taking account of preventive measures, including engi-
neering and design control, substitution of processes and procedures for collec-
tive 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.

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 dis-
eases 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;

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Health protection, medical care, welfare and social security protection

(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 rep-
resentatives 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.

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 occupa-
tional environment for seafarers on ships that fly the Member’s flag.

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.

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.

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.

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.

The competent authority shall require that shipowners conducting risk eval-

uation in relation to management of occupational safety and health refer to appropri-
ate 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

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 protec-
tion, including any exposure levels that they may identify.

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Maritime Labour Convention, 2006

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.

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 neces-
sary 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, es-
pecially 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.

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

The competent authority, in conjunction with the competent international

bodies and with representatives of shipowners’ and seafarers’ organizations concerned,

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Health protection, medical care, welfare and social security protection

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.

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 ex-
posure 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 neces-
sary; 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 machin-
ery spaces.

Guideline B4.3.3 – Exposure to vibration

The competent authority, in conjunction with the competent international

bodies and with representatives of shipowners’ and seafarers’ organizations con-
cerned, and taking into account, as appropriate, relevant international standards,
should review on an ongoing basis the problem of vibration on board ships with the ob-
jective of improving the protection of seafarers, in so far as practicable, from the ad-
verse effects of vibration.

The review referred to in paragraph 1 of this Guideline should cover the ef-

fect 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 neces-
sary; 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 differ-
ence between exposure in those areas and in the workplace.

Guideline B4.3.4 – Obligations of shipowners

Any obligation on the shipowner to provide protective equipment or other

accident prevention safeguards should, in general, be accompanied by provisions re-
quiring their use by seafarers and by a requirement for seafarers to comply with the
relevant accident prevention and health protection measures.

Account should also be taken of Articles 7 and 11 of the Guarding of Machin-

ery 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

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Maritime Labour Convention, 2006

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 in-
operative the guards provided.

Guideline B4.3.5 – Reporting and collection of statistics

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 sea-
farers concerned. Reports should not be limited to fatalities or to accidents involving
the ship.

The statistics referred to in paragraph 1 of this Guideline should record the

numbers, nature, causes and effects of occupational accidents and occupational in-
juries 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.

Each Member should have due regard to any international system or model

for recording accidents to seafarers which may have been established by the Inter-
national Labour Organization.

Guideline B4.3.6 – Investigations

The competent authority should undertake investigations into the causes and

circumstances of all occupational accidents and occupational injuries and diseases re-
sulting in loss of life or serious personal injury, and such other cases as may be specified
in national laws or regulations.

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 in-
juries 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 conse-
quence 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

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.

The implementation of protection and prevention programmes for the promo-

tion of occupational safety and health should be so organized that the competent author-
ity, shipowners and seafarers or their representatives and other appropriate bodies may

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Health protection, medical care, welfare and social security protection

play an active role, including through such means as information sessions, on-board
guidelines on maximum exposure levels to potentially harmful ambient workplace fac-
tors 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.

Where such activity takes place at company level, the representation of sea-

farers on any safety committee on board that shipowner’s ships should be considered.

Guideline B4.3.8 – Content of protection and prevention programmes

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 pre-
vention training and programmes;

(c)

the organization of publicity on occupational safety and health protection and ac-
cident 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.

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.

In formulating occupational safety and health protection and accident pre-

vention 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

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.

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 cen-
tres 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 pre-
vention measures; and

(d)

special campaigns using various publicity media to instruct seafarers, including
campaigns on safe working practices.

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Конвенция о труде в морском судоходстве (КТМС-2006) - часть 12