Merchant Shipping (Medical Examinations) Regulations, 1984.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the Merchant Shipping (Medical Examinations) Regulations, 1984 and shall come into operation on the 19th day of October, 1984.
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paragraphs: In these Regulations—
"competent authority" means the Minister;
"GRT" in relation to a ship, means its gross registered tonnage and in any case where a ship has alternative gross tonnages, its GRT shall be taken to be the larger of those tonnages;
"inspector" means a person appointed by the Minister to be an inspector for the purposes of these Regulations;
"Irish registered ship" means a ship registered in the State in accordance with the provisions of 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 certificate issued pursuant to Regulation 6 of these Regulations (whether such certificate is subject to restrictions or not) or a certificate deemed, pursuant to Regulation 5 of these Regulations, to be equivalent to a certificate issued under the said Regulation 6;
"Minister" means the Minister for Communications;
"registered medical practitioner" means a medical practitioner registered on the General Register of Medical Practitioners pursuant to the Medical Practitioners Act, 1978 (No. 4 of 1978);
"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 marine surveyor appointed by the Minister to undertake inspection of ships.
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paragraphs: (1) These Regulations shall apply to all Irish registered ships, including tugs, which go to sea beyond the limits of smooth or partially smooth waters, 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 such vessel is regularly employed.
(2) Regulation 11 of these Regulations shall apply 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 paragraph (2) of this Regulation, a seafarer shall not be employed or continue to be employed in a ship to which these Regulations apply unless he is the holder of a medical fitness certificate certifying his fitness for his employment: Provided that:—
(a) a seafarer who is employed on a ship to which these Regulations apply on the date of the commencement of these Regulations in respect of that ship, or who was so employed at any time within the period of six months immediately preceding such commencement, may continue to be employed on such ship without being the holder of a medical fitness certificate for a period of 12 months beginning on the date of the commencement of these Regulations, and
(b) a seafarer, who is engaged at, or the validity of whose medical fitness certificate expires when he is, in the course of his employment at, a location where the obtaining of 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 three months from the date on which the validity of such medical fitness certificate expires.
(2) The requirement pursuant to paragraph (1) of this Regulation 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 shall 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;
(e) seafarers, other than masters and officers in charge of a navigational watch, on a seagoing ship of less than 200 GRT.
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paragraphs: Any medical fitness certificate issued to a seafarer in accordance with the provisions of the Medical Examinations (Seafarers) Convention, 1946 (International Labour Organisation Convention No. 73 of 1946), or the Merchant Shipping (Minimum Standards) Convention, 1976 (International Labour Organisation No. 147 of 1976) by an authority empowered in that behalf by—
(a) the laws of a country, other than the State, which has ratified the said Convention of 1946 or the said Convention of 1976, or
(b) the laws of a country, other than the State, which is specified in a Marine Notice,
shall be deemed to be equivalent to a medical fitness certificate issued pursuant to these Regulations: Provided that any such certificate which is expressed to remain in force for a definite period, shall be sufficient to comply with the provisions of these Regulations, unless it is previously renewed, only until the expiration of any such period so expressed.
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paragraphs: (1) Every applicant for a medical fitness certificate shall be medically examined by a registered medical practitioner to ascertain whether the applicant is fit, having regard to the medical standards specified by the Minister in a Marine Notice, to carry out his duties as a seafarer. If, having carried out a medical examination, the registered medical practitioner is so satisfied, he shall issue to the applicant a medical fitness certificate in the form approved of by the Minister.
(2) Whenever a registered medical practitioner issues a medical fitness certificate pursuant to this Regulation, he 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 considers appropriate and specifies in the certificate.
(3) Whenever the Minister considers it appropriate so to do, he may direct that any examination of the effectiveness of the colour vision of an applicant for a medical fitness certificate may be carried out by such person as may be authorised in writing by the Minister to carry out the examination and issue a certificate as to the fitness of the applicant's colour vision.
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paragraphs: A medical fitness certificate issued pursuant to these Regulations shall remain in force—
(a) in the case of a seafarer who is aged under the age of 18 years, for such period not exceeding one year as the registered medical practitioner shall specify in the certificate,
(b) in the case of a seafarer who is aged 18 years or older, for such period not exceeding two years as the registered medical practitioner shall specify in the certificate.
(c) in so far as the certificate relates to colour vision, for such period not exceeding six years, as the registered medical practitioner, or the person authorised by the Minister pursuant to Regulation 6 (4) of these Regulations, as the case may be, shall specify in the certificate.
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paragraphs: If the Minister has reasonable grounds for believing that there has been a relevant change in the medical fitness of a seafarer during the period of validity of his medical fitness certificate, the Minister shall so notify the seafarer of his belief and the Minister may require the seafarer—
(a) to undergo a medical examination within one month after the receipt by the seafarer of such notification, and
(b) to surrender his medical fitness certificate to the Minister if, as a result of the medical examination, the registered medical practitioner does not declare the seafarer to be fit to carry out his duties as a seafarer.
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paragraphs: (1) Any person who, having been medically examined pursuant to these Regulations, has been refused a medical fitness certificate on the grounds that he is not fit to carry on his duties as a seafarer, may apply to the Minister for a further examination by a medical referee.
(2) For the purpose of this Regulation the medical referee shall be such registered medical practitioner as the Minister may appoint to carry out the examination.
(3) The decision of a medical referee appointed by the Minister pursuant to this Regulation shall be final and conclusive.
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paragraphs: No person shall employ a seafarer on a ship to which these Regulations apply in contravention of any restriction contained in such seafarers medical fitness certificate.
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paragraphs: (1) A surveyor may inspect the medical fitness certificate of all seafarers employed in 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) of this Regulation, 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, and
(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:
Provided that the powers conferred on a surveyor pursuant to this paragraph 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.
(3) If a surveyor exercises all or any of his powers pursuant to paragraph (2) of this Regulation in relation to a ship registered outside the State, the surveyor—
(i) shall forthwith notify the nearest maritime, consular or diplomatic representative of the State in which the ship is registered of the steps which he has taken, and
(ii) shall not unreasonably detain or delay the ship.
(4) Section 692 of the Merchant Shipping Act, 1894 (which relates to the detention of a ship) shall have effect in relation to any ship detained pursuant to this Regulation subject to the modification that for the words "this Act", wherever they appear, there were substituted the words "the Merchant Shipping Acts, 1894 to 1983, or any Regulations made thereunder".
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paragraphs: (1) Any person who employs a seafarer, who is not the holder of a valid medical fitness certificate on a ship to which these Regulations apply, or who employs a seafarer on such a ship in contravention of a restriction contained in that seafarer's medical fitness certificate, shall be guilty of an offence and shall be liable on a summary conviction to a fine not exceeding £1,000.
(2) Any seafarer who refuses to surrender his medical fitness certificate to the Minister when required to do so pursuant to Regulation 8 of these Regulations shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £200.