yakdoli/chandra-27b-ocr-v1 huggingface dataset:
제18425호                               관              보                 2015. 1. 8.(목요일)
2. The protection and care under paragraph 1 of this Regulation shall, in principle, be
provided at no cost to the seafarers.
3. Each Member shall ensure that seafarers on board ships in its territory who are in need
of immediate medical care are given access to the Member’s medical facilities on shore.
4. The requirements for on-board health protection and medical care set out in the Code
include standards for measures aimed at providing seafarers with health protection and medical
care as comparable as possible to that which is generally available to workers ashore.
                    Standard A4.1 - Medical care on board ship and ashore
1. Each Member shall ensure that measures providing for health protection and medical care,
including essential dental care, for seafarers working on board a ship that flies its flag are
adopted which:
        (a) ensure the application to seafarers of any general provisions on occupational health
        protection and medical care relevant to their duties, as well as of special provisions
        specific to work on board ship;
        (b) ensure that seafarers are given health protection and medical care 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;
        (c) give seafarers the right to visit a qualified medical doctor or dentist without delay
        in ports of call, where practicable;
        (d) ensure that, to the extent consistent with the Member’s national law and practice,
        medical care and health protection services while a seafarer is on board ship or landed in
        a foreign port are provided free of charge to seafarers; and
        (e) are not limited to treatment of sick or injured seafarers but include measures of a
        preventive character such as health promotion and health education programmes.
2. The competent authority shall adopt a standard medical report form for use by the ships’
masters and relevant onshore and on-board medical personnel. The form, when completed, and its
contents shall be kept confidential and shall only be used to facilitate the treatment of seafarers.
3. Each Member shall adopt laws and regulations establishing requirements for on-board
hospital and medical care facilities and equipment and training on ships that fly its flag.
4. National laws and regulations shall as a minimum provide for the following requirements:
        (a) all ships shall 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 shall 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;
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제18425호                               관             보                  2015. 1. 8.(목요일)
                               Guideline B4.1.3 - Medical care ashore
1. Shore-based medical facilities for treating seafarers should be adequate for the purposes.
The doctors, dentists and other medical personnel should be properly qualified.
2. Measures should be taken to ensure that seafarers have access when in port to:
        (a) outpatient treatment for sickness and injury;
        (b) hospitalization when necessary; and
        © facilities for dental treatment, especially in cases of emergency.
3. Suitable measures should be taken to facilitate the treatment of seafarers suffering from
disease. In particular, seafarers should be promptly admitted to clinics and hospitals ashore,
without difficulty and irrespective of nationality or religious belief, and, whenever possible,
arrangements should be made to ensure, when necessary, continuation of treatment to supplement
the medical facilities available to them.
     Guideline B4.1.4 - Medical assistance to other ships and international cooperation
1. Each Member should give due consideration to participating in international cooperation in
the area of assistance, programmes and research in health protection and medical care. Such
cooperation might cover:
        (a) developing and coordinating search and rescue efforts and arranging prompt
        medical help and evacuation at sea for the seriously ill or injured on board a ship through
        such means as periodic ship position reporting systems, rescue coordination centres and
        emergency helicopter services, in conformity with the International Convention on
        Maritime Search and Rescue, 1979, as amended, and the International Aeronautical and
       Maritime Search and Rescue (IAMSAR) Manual
       (b) making optimum use of all ships carrying a doctor and stationing ships at sea
       which can provide hospital and rescue facilities;
       (c) compiling and maintaining an international list of doctors and medical care
       facilities available worldwide to provide emergency medical care to seafarers;
       (d) landing seafarers ashore for emergency treatment;
       (e) repatriating seafarers hospitalized abroad as soon as practicable, in accordance
       with the medical advice of the doctors responsible for the case, which takes into account
       the seafarer’s wishes and needs;
       (f) arranging personal assistance for seafarers during repatriation, in accordance with
       the medical advice of the doctors responsible for the case, which takes into account the
       seafarer’s wishes and needs;
       (g) endeavouring to set up health centres for seafarers to:
                 (i) conduct research on the health status, medical treatment and preventive
            health care of seafarers; and
                 (ii) train medical and health service staff in maritime medicine;
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제18425호                               관             보                 2015. 1. 8.(목요일)
        (h) collecting and evaluating statistics concerning occupational accidents, diseases and
        fatalities of seafarers and integrating and harmonizing the statistics with any existing
        national system of statistics on occupational accidents and diseases covering other
        categories of workers;
        (i) organizing international exchanges of technical information, training material and
        personnel, as well as international training courses, seminars and working groups;
        (j) providing all seafarers with special curative and preventive health and medical
        services in port, or making available to them general health, medical and rehabilitation
        services; and
        (k) arranging for the repatriation of the bodies or ashes of deceased seafarers, in
        accordance with the wishes of the next of kin and as soon as practicable.
2. International cooperation in the field of health protection and medical care for seafarers
should be based on bilateral or multilateral agreements or consultations among Members.
                            Guideline B4.1.5 - Dependants of seafarers
1. Each Member should adopt measures to secure proper and sufficient medical care for the
dependants of seafarers domiciled in its territory pending the development of a medical care
service which would include within its scope workers generally and their dependants where such
services do not exist and should inform the International Labour Office concerning the measures
taken for this purpose.
                               Regulation 4.2 - Shipowners’ liability
Purpose: To ensure that seafarers are protected from the financial consequences of
           sickness, injury or death occurring in connection with their employment
1. Each Member shall ensure that measures, in accordance with the Code, are in place on
ships that fly its flag to provide seafarers employed on the ships with a right to 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 their employment under such agreement.
2. This Regulation does not affect any other legal remedies that a seafarer may seek.
                               Standard A4.2 - Shipowners’ liability
1. Each Member shall adopt laws and regulations requiring that shipowners of ships that fly
its flag are responsible for health protection and medical care of all seafarers working on board
the ships in accordance with the following minimum standards:
        (a) shipowners shall be liable to bear the costs for seafarers working on their ships
        in respect of sickness and injury of the seafarers occurring between the date of
        commencing duty and the date upon which they are deemed duly repatriated, or arising
        from their employment between those dates;
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제18425호                               관              보                 2015. 1. 8.(목요일)
       (b) shipowners shall provide 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 collective
       agreement;
       © shipowners shall be liable to defray the expense of medical care, including medical
       treatment and the supply of the necessary 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; and
       (d) shipowners shall be liable to pay the cost of burial expenses in the case of death
       occurring on board or ashore during the period of engagement.
2. National laws or regulations may limit the liability of the shipowner to defray the expense
of medical care and board and lodging to a period which shall not be less than 16 weeks from
the day of the injury or the commencement of the sickness.
3. Where the sickness or injury results in incapacity for work the shipowner shall be liable:
       (a) to pay full wages as long as the sick or injured seafarers remain on board or
       until the seafarers have been repatriated in accordance with this Convention; and
       (b) to pay 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 Member concerned.
4. National laws or regulations may limit the liability of the shipowner to pay wages in
whole or in part in respect of a seafarer no longer on board to a period which shall not be less
than 16 weeks from the day of the injury or the commencement of the sickness.
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.
6. National laws or regulations may 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.
7. Shipowners or their representatives shall take measures for safeguarding property left on
board by sick, injured or deceased seafarers and for returning it to them or to their next of kin.
                              Guideline B4.2 - Shipowners’ liability
1. The payment of full wages required by Standard A4.2, paragraph 3(a), may be exclusive
of bonuses.
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제18425호                               관              보                 2015. 1. 8.(목요일)
2. National laws or regulations may provide that a shipowner shall cease 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.
3. National laws or regulations may provide that burial expenses paid by the shipowner shall
be reimbursed by an insurance institution in cases in which funeral benefit is payable in respect
of the deceased seafarer under laws or regulations relating to social insurance or workers’
compensation.
             Regulation 4.3 - Health and safety protection and accident prevention
Purpose: To ensure that seafarers’ work environment on board ships promotes
           occupational safety and health
1. Each Member shall ensure that seafarers on ships that fly its flag are provided with
occupational health protection and live, work and train on board ship in a safe and hygienic
environment.
2. Each Member shall develop and promulgate national guidelines for the management of
occupational safety and health on board ships that fly its flag, after consultation with
representative shipowners’ and seafarers’ organizations and taking into account applicable codes,
guidelines and standards recommended by international organizations, national administrations and
maritime industry organizations.
3. Each Member shall adopt laws and regulations and other measures addressing the matters
specified in the Code, taking into account relevant international instruments, and set standards for
occupational safety and health protection and accident prevention on ships that fly its flag.
           Standard A4.3 –- Health and safety protection and accident prevention
1. The laws and regulations and other measures to be adopted in accordance with
Regulation 4.3, paragraph 3, shall include the following subjects:
        (a) the adoption and effective implementation and promotion of occupational safety and
        health policies and programmes on ships that fly the Member’s flag, including risk
        evaluation as well as training and instruction of seafarers;
        (b) reasonable precautions to prevent occupational accidents, injuries and diseases on
        board ship, including measures to reduce and prevent the risk of exposure to harmful
        levels of ambient factors and chemicals as well as the risk of injury or disease that may
        arise from the use of equipment and machinery on board ships;
        (c) on-board programmes for the prevention of occupational accidents, injuries and
        diseases and for continuous improvement in occupational safety and health protection,
        involving seafarers’ representatives and all other persons concerned in their
        implementation, taking account of preventive measures, including engineering and design
        control, substitution of processes and procedures for collective and individual tasks, and
        the use of personal protective equipment; and
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제18425호                               관              보                 2015. 1. 8.(목요일)
        (d) requirements for inspecting, reporting and correcting unsafe conditions and for
        investigating and reporting on-board occupational accidents.
2. The provisions referred to in paragraph 1 of this Standard shall:
        (a) take account of relevant international instruments dealing with occupational safety
        and health protection in general and with specific risks, and address all matters relevant
        to the prevention of occupational accidents, injuries and diseases that may be applicable to
        the work of seafarers and particularly those which are specific to maritime employment;
        (b) clearly specify the obligation of shipowners, seafarers and others concerned to
        comply with the applicable standards and with the ship’s occupational safety and health
        policy and programme with special attention being paid to the safety and health of
        seafarers under the age of 18;
        (c) specify the duties of the master or a person designated by the master, or both, to
        take specific responsibility for the implementation of and compliance with the ship’s
        occupational safety and health policy and programme; and
        (d) specify the authority of the ship’s seafarers appointed or elected as safety
        representatives to participate in meetings of the ship’s safety committee. Such a
        committee shall be established on board a ship on which there are five or more seafarers.
3. The laws and regulations and other measures referred to in Regulation 4.3, paragraph 3,
shall be regularly reviewed in consultation with the representatives of the shipowners’ and
seafarers’ organizations and, if necessary, revised to take account of changes in technology and
research in order to facilitate continuous improvement in occupational safety and health policies
and programmes and to provide a safe occupational environment for seafarers on ships that fly
the Member’s flag.
4. Compliance with the requirements of applicable international instruments on the acceptable
levels of exposure to workplace hazards on board ships and on the development and
implementation of ships’ occupational safety and health policies and programmes shall be
considered as meeting the requirements of this Convention.
5. The competent authority shall ensure that:
        (a) occupational accidents, injuries and diseases are adequately reported, taking into
        account the guidance provided by the International Labour Organization with respect to
        the reporting and recording of occupational accidents and diseases;
        (b) comprehensive statistics of such accidents and diseases are kept, analysed and
        published and, where appropriate, followed up by research into general trends and into the
        hazards identified; and
        © occupational accidents are investigated.
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제18425호                               관              보                 2015. 1. 8.(목요일)
6. Reporting and investigation of occupational safety and health matters shall be designed to
ensure the protection of seafarers’ personal data, and shall take account of the guidance provided
by the International Labour Organization on this matter.
7. The competent authority shall cooperate with shipowners’ and seafarers’ organizations to take
measures to bring to the attention of all seafarers information concerning particular hazards on
board ships, for instance, by posting official notices containing relevant instructions.
8. The competent authority shall require that shipowners conducting risk evaluation in
relation to management of occupational safety and health refer to appropriate statistical
information from their ships and from general statistics provided by the competent authority.
            Guideline B4.3 - Health and safety protection and accident prevention
        Guideline B4.3.1 – Provisions on occupational accidents, injuries and diseases
1. The provisions required under Standard A4.3 should take into account the ILO code of
practice entitled Accident prevention on board ship at sea and in port, 1996, and subsequent
versions and other related ILO and other international standards and guidelines and codes of
practice regarding occupational safety and health protection, including any exposure levels that
they may identify.
2. The competent authority should ensure that the national guidelines for the management of
occupational safety and health address the following matters, in particular:
        (a) general and basic provisions;
        (b) structural features of the ship, including means of access and asbestos-related
        risks;
        (c) machinery;
        (d) the effects of the extremely low or high temperature of any surfaces with which
        seafarers may be in contact;
        (e) the effects of noise in the workplace and in shipboard accommodation;
        (f) the effects of vibration in the workplace and in shipboard accommodation;
        (g) the effects of ambient factors, other than those referred to in subparagraphs (e)
        and (f), in the workplace and in shipboard accommodation, including tobacco smoke;
        (h) special safety measures on and below deck;
        (i) loading and unloading equipment;
        (j) fire prevention and fire-fighting;
        (k) anchors, chains and lines;
        (l) dangerous cargo and ballast;
        (m) personal protective equipment for seafarers;
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제18425호                               관              보                 2015. 1. 8.(목요일)
        (n) work in enclosed spaces;
        (o) physical and mental effects of fatigue;
        (p) the effects of drug and alcohol dependency;
        (q) HIV/AIDS protection and prevention; and
        (r) emergency and accident response.
3. The assessment of risks and reduction of exposure on the matters referred to in
paragraph 2 of this Guideline should take account of the physical occupational health effects,
including manual handling of loads, noise and vibration, the chemical and biological occupational
health effects, the mental occupational health effects, the physical and mental health effects of
fatigue, and occupational accidents. The necessary measures should take due account of the
preventive principle according to which, among other things, combating risk at the source,
adapting work to the individual, especially as regards the design of workplaces, and replacing the
dangerous by the non-dangerous or the less dangerous, have precedence over personal protective
equipment for seafarers.
4. In addition, the competent authority should ensure that the implications for health and
safety are taken into account, particularly in the following areas:
        (a) emergency and accident response;
        (b) the effects of drug and alcohol dependency; and
        (c) HIV/AIDS protection and prevention.
                              Guideline B4.3.2 - Exposure to noise
1. The competent authority, in conjunction with the competent international bodies and with
representatives of shipowners’ and seafarers’ organizations concerned, should review on an
ongoing basis the problem of noise on board ships with the objective of improving the protection
of seafarers, in so far as practicable, from the adverse effects of exposure to noise.
2. The review referred to in paragraph 1 of this Guideline should take account of the
adverse effects of exposure to excessive noise on the hearing, health and comfort of seafarers
and the measures to be prescribed or recommended to reduce shipboard noise to protect seafarers.
The measures to be considered should include the following:
        (a) instruction of seafarers in the dangers to hearing and health of prolonged exposure
        to high noise levels and in the proper use of noise protection devices and equipment;
        (b) provision of approved hearing protection equipment to seafarers where necessary;
        and
        (c) assessment of risk and reduction of exposure levels to noise in all accommodation
        and recreational and catering facilities, as well as engine rooms and other machinery
        spaces.
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