Merchant Shipping (Medical Examinations) Regulations 2005
Statutory Instruments
Source: Statutory Instruments

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paragraphs: (1) These Regulations may be cited as the Merchant Shipping (Medical Examinations) Regulations 2005.
(2) These Regulations come into operation on 12 December 2005.
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paragraphs: (1) In these Regulations -
“approved doctor” means a medical practitioner registered on the General Register of Medical Practitioners pursuant to the Medical Practitioners Acts 1978 to 2002 and approved by the Department for the purpose of these Regulations;
“Department” means Department of Communications, Marine and Natural Resources;
“GT” in relation to a ship, means its gross tonnage and in a case where a ship has alternative gross tonnages, its GT shall be taken to be the larger of those tonnages;
“Irish registered ship” means a ship registered in the State in accordance with the Mercantile Marine Act 1955 (No. 29 of 1955);
“Marine Notice” means a notice described as a marine notice issued by the Minister;
“medical fitness certificate” means either -
(a) a certificate issued under Regulation 6 (whether such certificate is subject to restrictions or not), or
(b) a certificate deemed, under Regulation 5, to be equivalent to a certificate issued under Regulation 6;
“medical referee” means an approved doctor who has been approved to act as a medical referee by the Department for the purpose of these Regulations;
“Minister” means Minister for Communications, Marine and Natural Resources;
“sea” does not include smooth or partially smooth waters;
“seafarer” means a person employed by a ship owner to work on a seagoing ship whilst such ship is at sea and shall, where the context so admits or requires, include the master or officers of such ship;
“surveyor” means a surveyor of ships within the meaning of section 724 of the Merchant Shipping Act 1894.
(2) In these Regulations a reference to -
(a) a Regulation is to a Regulation of these Regulations, and
(b) a paragraph or subparagraph, is to the paragraph or subparagraph of the provision in which the reference occurs.
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paragraphs: (1) These Regulations apply to all Irish registered ships, including tugs, which go to sea, other than sail training ships, fishing boats, pleasure craft and any dredger, sludge vessel, barge or other craft whose ordinary course of navigation does not extend beyond the seaward limits of the harbour authority of the port at which the vessel is regularly employed.
(2) Regulation 11 applies to sea going ships registered in a country other than the State whilst such ships are in a port in the State.
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paragraphs: (1) Subject to this Regulation, a seafarer shall not be employed or continue to be employed in a ship to which these Regulations apply unless he or she is the holder of a medical fitness certificate certifying his or her fitness for his or her employment.
(2) A seafarer who -
(a) is the holder of a valid seafarers' medical certificate issued in respect of an examination conducted before the commencement of these Regulations may continue to be employed on a ship to which these Regulations apply until the expiry date of the certificate, and
(b) is engaged at, or the validity of whose medical fitness certificate expires when he or she is, in the course of his or her employment at a location where obtaining a medical examination in accordance with these Regulations is impractical, may continue to be employed on a ship to which these Regulations apply for a period not exceeding 3 months from the date on which the validity of such medical fitness certificate expires.
(3) The requirement under paragraph (1) to be the holder of a medical fitness certificate applies only to persons who are employed on a ship to which these Regulations apply and does not apply to -
(a) a pilot, who is not a member of the crew,
(b) persons, other than radio officers or radio operators in the service of a wireless telegraph company, who are employed on board such a ship by a person other than the shipowner,
(c) travelling dockers, who are not members of the crew,
(d) persons who are employed to work on board such a ship whilst the ship is in port and who are not ordinarily employed to work on such ship whilst the ship is at sea, or
(e) seafarers, other than masters and officers in charge of a navigational watch, on a seagoing ship of less than 200 GT and to which the European Communities (Merchant Shipping) (Organisation of Working Time) Regulations 2003 ( S.I. No. 532 of 2003 ) do not apply.
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paragraphs: A medical fitness certificate issued to a seafarer by an authority empowered in that behalf by the laws of a country, other than the State, which is specified in a Marine Notice, is deemed to be equivalent to a medical fitness certificate issued under these Regulations.
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paragraphs: (1) An applicant for a medical fitness certificate shall be medically examined by an approved doctor to ascertain whether the applicant is fit, having regard to the medical standards specified in a Marine Notice, to carry out his or her duties as a seafarer. If, having carried out a medical examination, the approved doctor is satisfied, he or she shall issue to the applicant a medical fitness certificate in the approved form.
(2) Whenever an approved doctor issues a medical fitness certificate under this Regulation, he or she may impose such restrictions on the fitness of the holder of the certificate to be employed in a particular employment at sea or in particular geographical areas as he or she considers appropriate and specifies in the certificate.
(3) If the effectiveness of colour vision is in doubt following initial medical assessment, the approved doctor may proceed to confirmatory colour vision testing using a designated referral centre approved by the Department as being competent to assess colour vision and to provide the approved doctor with the necessary information to issue the appropriate certificate.
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paragraphs: A medical fitness certificate issued under these Regulations shall remain in force -
(a) in the case of a seafarer who has not attained the age of 18 years, for such period not exceeding one year as the approved doctor specifies in the certificate,
(b) in the case of a seafarer who has attained the age of 18 years, for such period not exceeding 2 years as the approved doctor specifies in the certificate, and
(c) in so far as the certificate relates to colour vision, for such period not exceeding 6 years, as the approved doctor, specifies in the certificate.
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paragraphs: (1) If an approved doctor has reasonable grounds for believing that -
(a) there has been a significant change in the medical fitness of a seafarer during the period of validity of his or her medical fitness certificate,
(b) when a medical fitness certificate was issued, the approved doctor who issued the certificate was not in possession of the full details of the seafarer's condition, and had he or she been in possession of the full details, the doctor could not reasonably have considered that the seafarer was fit, or
(c) a medical fitness certificate was issued otherwise than in accordance with these Regulations,
he or she may, with the consent of the Minister for Communications, Marine and Natural Resources -
(i) suspend the medical fitness certificate until the seafarer has undergone a further medical examination,
(ii) suspend the medical fitness certificate for such period as he or she considers the seafarer will remain unfit to go to sea, or
(iii) cancel the medical fitness certificate if he or she considers that the seafarer is likely to remain permanently unfit to go to sea,
and shall notify the seafarer concerned accordingly.
(2) An approved doctor may direct a seafarer who holds a medical fitness certificate which has been suspended or cancelled under paragraph (1) to surrender the certificate to the Minister as soon as practicable after its suspension or cancellation. The seafarer shall comply with this direction.
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paragraphs: (1) Any person who, having been medically examined under these Regulations has been refused a medical fitness certificate on the grounds that he or she is not fit to carry out his or her duties as a seafarer, may apply to the Department for a further examination to be undertaken by a medical referee.
(2) The decision of a medical referee is final and conclusive.
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paragraphs: A person shall not employ a seafarer on a ship to which these Regulations apply in contravention of any restriction contained in the seafarer's medical fitness certificate.
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paragraphs: (1) A surveyor may inspect the medical fitness certificate of all seafarers employed on ships to which these Regulations apply whilst such ships are in any port in the State.
(2) If as a result of an inspection carried out pursuant to paragraph (1), the surveyor is satisfied that because of -
(a) the failure of one or more seafarers to produce a valid medical fitness certificate, or
(b) in the case of a ship registered outside the State, the failure of the health of one or more seafarers on board to comply with the medical standards specified by the Minister in a marine notice,
the ship could not sail without serious risk to the safety and health of persons on board the ship, the surveyor may -
(i) send a report to the government of the country in which the ship is registered and send a copy of such report to the Director-General of the International Labour Office,
(ii) take any such measures as are necessary to rectify any conditions on board the ship which are dangerous to safety and health, and
(iii) detain the ship.
(3) The powers conferred on a surveyor under paragraph (2) may be exercised in relation to a ship which is registered outside the State only when such ship is in port in the State in the normal course of its business or for operational reasons.
(4) If a surveyor exercises all or any of his or her powers under paragraph (2) in relation to a ship registered outside the State, the surveyor -
(a) shall immediately notify the nearest maritime, consular or diplomatic representative of the State in which the ship is registered of the steps which he or she has taken, and
(b) shall not unreasonably detain or delay the ship.
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paragraphs: The Merchant Shipping (Medical Examinations) Regulations 1984 (No. 193 of 1984 are revoked.
GIVEN under my hand,
9 November 2005
Pat the Cope Gallagher,
Minister of State at the Department of Communications, Marine and Natural Resources.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation)
These Regulations replace the Merchant Shipping (Medical Examinations) Regulations 1984 and reflect the latest Guidelines set down by the International Labour Organisation (ILO), the International Maritime Organisation (IMO) and the World Health Organisation (WHO). The Regulations apply to seafarers on all Irish registered ships, including tugs which go to sea other than sail training ships, fishing boats, pleasure craft and any dredger, sludge vessel barge or other craft which do not go to sea.
Revised medical examination standards for seafarers have also been drafted and are outlined in a Marine Notice. The medical standards provide for an updated and more comprehensive medical assessment with improvements in the standards relating to certain medical conditions including cardiac and insulin dependent diabetics. Eyesight testing including colour vision screening will now become part of the overall medical assessment. The Regulations provide for confirmatory colour vision testing at a designated centre when the initial test is in doubt. Detailed audiometric testing and measures to tackle obesity have also been introduced.
A panel of Approved Doctors has been established throughout the country to administer the new standards. The Regulations provide for the Approved Doctors to suspend or cancel a medical fitness certificate with the consent of the Minister for Communications, Marine and Natural Resources where certain irregularities have been found. A seafarer aggrieved by a refusal of a medical fitness certificate may apply to the Department for a further examination to be undertaken by a medical referee. Two referees have been appointed to handle appeals. The decision of the medical referee shall be final and conclusive.