海员保健医疗公约 CONVENTION No.164 Convention concerning Health Protection andMedical Care for Seafarers
2009-03-24 法律英语 来源:互联网 作者: ℃第164号公约
颁布日期:19871008 颁布单位:日内瓦
The General Conference of the International Labour Organization,
Having been convened at Geneva by the Governing Body of theInternational Labour Office, and having met in its Seventy-fourth Sessionon 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 atSea Recommendation, 1958, and the Prevention of Accidents (Seafarers)Convention and Recommendation, 1970, and
Noting the terms of the International Convention on Standards ofTraining, Certification and Watchkeeping for Seafarers, 1978, as regardstraining in medical aid in the case of accidents or illnesses that arelikely to occur on board ship, and
Noting that for the success of action in the field of healthprotection and medical care for seafarers, it is important that closeco-operation be maintained in their respective fields between theInternational Labour Organization, the International Maritime Organizationand the World Health Organization, and
Noting that the following standards have accordingly been framed withthe co-operation of the International Maritime Organization and the WorldHealth Organization, and that it is proposed to seek their continuingco-operation in the application of these standards, and
Having decided upon the adoption of certain proposals with regard tohealth protection and medical care for seafarers, which is the fourth itemon the agenda of the session, and
Having determined that these proposals shall take the form of aninternational Convention,
adopts this eighth day of October of the year one thousand ninehundred and eighty-seven the following Convention which may be cited asthe Health Protection and Medical Care (Seafarers) Convention, 1987:Article 1
1. This Convention applies to every seagoing ship whether publicly orprivately owned, which is registered in the territory of any Member forwhich the Convention is in force and which is ordinarily engaged incommercial maritime navigation.
2. To the extent it deems practicable, after consultation with therepresentative organizations of fishing-vessel owners and fishermen, thecompetent authority shall apply the provisions of this Convention tocommercial maritime fishing.
3. In the event of doubt as to whether or not any ships are to beregarded as engaged in commercial maritime navigation or commercialmaritime fishing for the purpose of this Convention, the question shallbe determined by the competent authority after consultation with theorganizations of shipowners, seafarers and fishermen concerned.
4. For the purpose of this Convention the term “seafarer” means anyperson who is employed in any capacity on board a seagoing ship to whichthis Convention applies.Article 2
Effect shall be given to this Convention by national laws orregulations, collective agreements, works rules, arbitration awards orcourt decisions or other means appropriate to national conditions.Article 3
Each Member shall by national laws or regulations make shipownersresponsible for keeping ships in proper sanitary and hygienic conditions.Article 4
Each Member shall ensure that measures providing for health protectionand medical care for seafarers on board ship are adopted which——
(a) ensure the application to seafarers of any general provisionson occupational health protection and medical care relevant to theseafaring profession, as well as of special provisions peculiar to work onboard;
(b) aim at providing seafarers with health protection and medicalcare as comparable as possible to that which is generally available toworkers ashore;
(c) guarantee sea
farers the right to visit a doctor without delayin 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 articlesare provided free of charge to seafarers;
(e) are not limited to treatment of sick or injured seafarers butinclude measures of a preventive character, and devote particularattention to the development of health promotion and health educationprogrammes in order that seafarers themselves may play an active part inreducing the incidence of ill-health among their number.Article 5
1. Every ship to which this Convention applies shall be required tocarry a medicine chest.
2. The contents of the medicine chest and the medical equipmentcarried on board shall be prescribed by the competent authority takinginto account such factors as the type of ship, the number of persons onboard and the nature, destination and duration of voyages.
3. In adopting or reviewing the national provisions concerning thecontents of the medicine chest and the medical equipment carried on board,the competent authority shall take into account internationalrecommendations in this field, such as the most recent edition of theinternational Medical Guide for Ships and the List of Essential Drugspublished by the World Health Organization, as well as advances in medicalknowledge and approved methods of treatment.
4. The medicine chest and its contents as well as the medicalequipment carried on board shall be properly maintained and inspected atregular intervals, not exceeding 12 months, by responsible personsdesignated by the competent authority, who shall ensure that the expirydates and conditions of storage of all medicines are checked.
5. The competent authority shall ensure that the contents of themedicine chest are listed and labelled with generic names in addition toany brand names used, expiry dates and conditions of storage, and thatthey conform to the medical guide used nationally.
6. The competent authority shall ensure that where a cargo which isclassified dangerous has not been included in the most recent edition ofthe Medical First Aid Guide for Use in Accidents involving Dangerous Goodspublished by the International Maritime Organization, the necessaryinformation on the nature of the substances, the risks involved, thenecessary personal protective devices, the relevant medical procedures andspecific antidotes is made available to the master, seafarers and otherinterested persons. Such specific antidotes and personal protectivedevices shall be on board whenever dangerous goods are carried.
7. In cases of urgent necessity and when a medicine prescribed byqualified medical personnel for a seafarer is not available in themedicine chest, the shipowner shall take all necessary steps to obtain itas soon as possible.Article 6
1. Every ship to which this Convention applies shall be required tocarry a ship's medical guide adopted by the competent authority.
2. The medical guide shall explain how the contents of the medicinechest are to be used and shall be designed to enable persons other than adoctor to care for the sick or injured on board both with and withoutmedical 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 internationalrecommendations in this field, including the most recent edition of theInternational Medical Guide for Ships and the Medical First Aid Guide forUse in Accidents involving Dangerous Goods.Article 7
1. The competent authority shall ensure by a prearranged system thatmedical 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 medicalmess
ages by radio or satellite communication between a ship and thoseashore giving the advice, shall be available free of charge to all shipsirrespective of the territory in which they are registered.
3. With a view to ensuring that optimum use is made of facilitiesavailable for medical advice by radio or satellite communication——
(a) all ships to which this Convention applies which are equippedwith radio installations shall carry a complete list of radio stationsthrough which medical advice can be obtained;
(b) all ships to which this Convention applies which are equippedwith a system of satellite communication shall carry a complete list ofcoast earth stations through which medical advice can be obtained;
(c) the lists shall be kept up to date and in the custody of theperson on board responsible for communication duties.
4. Seafarers on board requesting medical advice by radio or satellitecommunication shall be instructed in the use of the ship's medical guideand the medical section of the most recent edition of the InternationalCode of Signals published by the International Maritime Organization so asto enable them to understand the type of information needed by theadvising doctor as well as the advice received.
5. The competent authority shall ensure that doctors providing medicaladvice in accordance with this Article receive appropriate training andare aware of shipboard conditions.Article 8
1. All ships to which this Convention applies carrying 100 or moreseafarers and ordinarily engaged on international voyages of more thanthree days' duration shall carry a medical doctor as a member of the crewresponsible for providing medical care.
2. National laws or regulations shall determine which other shipsshall be required to carry
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