MLC, 2006: Title 4 Health protection, medical care, welfare and social security protection

Below are some of the  important provisions from Title 4 Health protection, medical care, welfare and social security protection Medical Care on board ship and ashore (Regulation 4.1.) Flag States are required to ensure the application to the seafarers of any general national provisions on occupational health protection and medical care relevant to their duties, as well as of special provisions specific to work on board ship; the health protection and medical care (including essential dental care) must be 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; it must include measures of a preventive character such as health promotion and health education programmes. Seafarers have the right to visit a qualified medical doctor or dentist without delay in ports of call, where practicable. (ILO/FAQ C4.1a) Ships carrying 100 or more persons (i.e., who will not necessarily all be seafarers) and ordinarily engaged on international voyages of more than three days duration must carry a qualified medical doctor. (A4.1. 4b and c) National laws or regulations must also specify which other ships are 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. Ships which do not carry a medical doctor must have either at least one seafarer on board who is in charge of medical care and administering medicine as part of their regular duties or at least one seafarer on board competent to provide medical first aid; such persons must have satisfactorily completed training in medical care that meets the requirements of the STCW Convention, as amended. (ILO/FAQ C4.1.b) The MLC, 2006, requires all ships to carry a medicine chest, medical equipment and a medical guide, the specifics of which shall be prescribed and subject to regular inspection by the competent authority; the national requirements must 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. (A4.1, 4a). As far as the content of the medical chest and many other related matters are concerned, Guideline B4.1.4 refers to relevant international recommendations, including the latest edition of the International Medical Guide for Ships. (ILO/FAQ C4.1c). Note that there is no standard medical guide for ships but a country may develop a national medical guide to fulfil the requirements for A4.1.4a. The MLC, 2006 does not contain a model form for the standard medical report form to be used on board ships which the competent authority has to adopt for use by the ships' masters and relevant onshore and on-board medical personnel. Note that the form has to be kept confidential and shall only be used to facilitate the treatment of seafarers. (ILO/FAQ C4.1e). One could refer to the International Medical Guide for Ships for a sample form to be used for this purpose.  Shipowners' Liability (Regulation 4.2) Flag States shall ensure that all seafarers employed on their ships have material assistance and support from the shipowner with respect to the financial consequences of sickness, injury or death occurring while they are serving under a seafarers employment agreement or arising from the employment under such agreement. These financial consequences include loss of wages and also medical and other costs. These provisions complement the protection set out in Regulation 4.1 regarding medical care on board ship and ashore and the long-term protection under Regulation 4.5 regarding social security. (ILO/FAQ C4.2a). The question of what are considered financial consequences is a matter for national laws and regulations. Standard A4.2, paragraphs 1 to 4 and 7, of the MLC, 2006, requires the following costs to be covered as a minimum: the expense of medical care, including medical treatment and the supply of medicines and therapeutic appliances, and board and lodging away from home until the sick or injured seafarer has recovered or until the sickness or incapacity has been declared of a permanent character; where sickness or injury results in incapacity for work, full wages as long as the sick or injured seafarers remain on board or until the seafarers have been repatriated; and wages in whole or in part, as prescribed by national laws or regulations or as provided for in collective agreements, from the time when the seafarers are repatriated or landed until their recovery or, if earlier, until they are entitled to cash benefits under the legislation of the country concerned ; financial security to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard, as set out in national law, the seafarers employment agreement or a collective agreement; the cost of burial services in the case of death on board or ashore during the period of engagement; and the cost of safeguarding the property of seafarers left on board by sick, injured or deceased seafarers. The shipowners' liability begins on the date when seafarers commence their duty and ends on the date upon which they are deemed duly repatriated, except that shipowners are also liable with respect to sickness and injury that arises from the seafarers employment between the dates of commencement of duty and repatriation. (ILO/FAQ C4.2b). Note that national laws or regulations may limit the liability of the shipowner to defray the expense of medical care and board and lodging, as well as the liability to pay wages in full or in part to a period which must not be less than 16 weeks from the day of the injury or the commencement of the sickness. (A4.2.2). Before the entry into force of the 2014 amendments, on 18 January 2017, no particular form was prescribed for the financial security to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard. The form of the financial security is now detailed under Standard A4.2.1, paragraphs 8 to 14, and under Standard A4.2.2. (ILO/FAQ C4.2.1e) Are there any exceptions to shipowner liability? Under Standard A4.2, paragraph 5, national laws or regulations may exclude the shipowner from liability in respect of: (a) injury incurred otherwise than in the service of the ship; (b) injury or sickness due to the wilful misconduct of the sick, injured or deceased seafarer; and (c) sickness or infirmity intentionally concealed when the engagement is entered into. Standard A4.2, paragraph 6, allows national laws or regulations to also exempt the shipowner from liability to defray the expense of medical care and board and lodging and burial expenses in so far as such liability is assumed by the public authorities. Guideline B4.2, paragraph 2, recognizes that national laws or regulations may provide that a shipowner ceases to be liable to bear the costs of a sick or injured seafarer from the time at which that seafarer can claim medical benefits under a scheme of compulsory sickness insurance, compulsory accident insurance or workers compensation for accidents. (ILO/FAQ C4.2.1f) The 2014 Amendments introduced the financial system that has to be in place for all ships to provide compensation for death and long-term disability and also detail the minimum requirements that this system of financial security must have to meet contractual claims, which are claims relating to death or long-term disability of seafarers due to an occupational injury, illness or hazard as set out in national law, the seafarers’ employment agreement or collective agreement. The said Amendments require that each member State shall adopt laws and regulations requiring that shipowners of ships that fly its flag to provide such financial security arrangement.  The Convention provides that all ships are required to carry on board a certificate or other documentary evidence of financial security issued by the financial security provider [see Appendix A4-I of the Convention, which details the requested information that sh...

MEMBER SECTION

If you are a member, please login using the orange button at the top of the page to view the full article, or register. If you are unsure of your membership, or wish to become a member, please contact membership@bimco.org.

 

Ai Cheng Foo-Nielsen
in Copenhagen, DK

VPS Bunker Alerts

Veritas Petroleum Services (VPS) publish regular Bunker Alerts based entirely on fuel samples and have kindly permitted BIMCO’s Members to access this information.

The Bunker Alerts are not intended to be an evaluation of overall bunker quality in the port or area concerned, but usually highlight a specific parameter within the fuel which has raised a quality issue.

Latest Related News

View All News

Want to stay up-to-date?

Register for updates about
{{Title}}

Receive emails when this topic is updated – you can choose how often.

Register Now
 

ELSEWHERE ON BIMCO

Chartering help & advice

This section contains a comprehensive source of information and guidance on chartering related matters. You will find invaluable information on many aspects of chartering distilled from our many years’ experience on advising members.

Learn about your cargo

For general guidance and information on cargo-related queries.

More about cargo

BIMCO Publications

Want to buy or download a BIMCO publication? Use the link to get access to the ballast water management guide, the ship master’s security manual and many other publications.