Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Article 5(4) of the Convention. Inspection of the medicine chest at regular intervals. The Committee notes the Government’s indication that the Maritime Authority’s Naval Inspectorate and the Health Inspectorate (ANVISA) are responsible for verifying compliance with the rules concerning the infirmary and the medicine chest on board, as well as checking the condition of medicines on board ships. The Committee recalls, however, that the Convention requires the medicine chest and medical equipment carried on board to be inspected at regular intervals not exceeding 12 months. It also recalls that the same provision has been incorporated in Guideline B4.1.1(4) of the Maritime Labour Convention, 2006 (MLC, 2006). The Committee therefore requests the Government to indicate how effect is given to this provision of the Convention.

Article 8. Medical doctor on board ships. The Committee notes the Government’s indication that, under Maritime Authority Regulation NORMAM 01, ships engaged in long voyages must carry a nurse or a health auxiliary, but ships may be exempted from this requirement, provided that they carry a crew member who is formally qualified in first aid. It recalls, however, that the Convention requires every ship carrying 100 or more seafarers and ordinarily engaged on international voyages of more than three days’ duration to carry a medical doctor as a member of the crew. The Committee also recalls, in this connection, that Standard A4.1(4)(b) of the MLC, 2006, requires the presence of a qualified medical doctor on board ships carrying 100 or more persons – as contrasted to seafarers – engaged on international voyages of more than three days’ duration. The Committee therefore requests the Government to take the necessary measures to give full effect to this requirement of the Convention.

Article 9(1) and (4). Persons in charge of medical care. The Committee notes the Government’s indication that under NORMAM 01, ships engaged in coastal navigation must carry a health auxiliary only for voyages of over 48 hours for passenger ships and over 72 hours for cargo ships. It observes, however, that the limitation to voyages exceeding a certain duration is inconsistent with Article 9(1) of the Convention, or Standard A4.1(4)(c) of the MLC, 2006, which refer to all ships not carrying a medical doctor. The Committee therefore requests the Government to take the necessary measures in order to bring the national legislation into conformity with the requirements of this Article of the Convention. Please also indicate how it is ensured that persons in charge of medical care onboard undergo refresher courses to enable them to maintain and increase knowledge and skills, as required by this Article of the Convention and also provided for in Guideline B4.1.1(3) of the MLC, 2006.

Article 12. Standard medical report form. The Committee notes the Government’s indication that there is no specific standard medical report form. The Committee recalls that the Convention, and also Standard A4.1(2) of the MLC, 2006, requires the adoption of a standard medical report form for use by the ships’ masters and relevant onshore and onboard medical personnel. The Committee accordingly requests the Government to consider appropriate action in order to give full effect to this requirement of the Convention.

Part V of the report form. Application in practice. The Committee requests the Government to provide information concerning the practical application of the Convention, including, for instance, the approximate number of ships and seafarers covered by the measures giving effect to the Convention; relevant extracts from applicable collective agreements; copies of inspection reports showing the number and nature of any infringements observed and action taken; and official publications, campaigns or training programmes on health protection and medical care for seafarers.

Finally, the Committee takes this opportunity to recall that most of the provisions of Convention No. 164 have been incorporated without significant changes in Regulation 4.1, Standard A4.1 and Guideline B4.1 of the MLC, 2006, and therefore ensuring compliance with Convention No. 164 would facilitate the implementation of the corresponding requirements of the MLC, 2006. The Committee accordingly requests the Government to keep the Office informed of any progress made in the process of ratification of the MLC, 2006.