I Série n.º 183/2018

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Edição I Série n.º 183/2018

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Texto do artigo · p. 163 4. Paragraph 1 of this Guideline does not exempt young seafarers from the general obligation on all seafarers to work during any emergency as provided for in Standard A2.3, paragraph 14. Regulation 2.4 – Entitlement to leave Purpose: To ensure that seafarers have adequate leave

Texto do artigo · p. 163 1. Each Member shall require that seafarers employed on ships that fly its flag are given paid annual leave under appropriate conditions, in accordance with the provisions in the Code.

Texto do artigo · p. 163 2. Seafarers shall be granted shore leave to benefit their health and well-being and consistent with the operational requirements of their positions. Standard A2.4 – Entitlement to leave

Texto do artigo · p. 163 1. Each Member shall adopt laws and regulations determining the minimum standards for annual leave for seafarers serving on ships that fly its flag, taking proper account of the special needs of seafarers with respect to such leave.

Texto do artigo · p. 163 2. Subject to any collective agreement or laws or regulations providing for an appropriate method of calculation that takes account of the special needs of seafarers in this respect, the annual leave with pay entitlement shall be calculated on the basis of a minimum of 2.5 calendar days per month of employment. The manner in which the length of service is calculated shall be determined by the competent authority or through the appropriate machinery in each country. Justified absences from work shall not be considered as annual leave.

Texto do artigo · p. 163 3. Any agreement to forgo the minimum annual leave with pay prescribed in this Standard, except in cases provided for by the competent authority, shall be prohibited. Guideline B2.4 – Entitlement to leave Guideline B2.4.1 – Calculation of entitlement

Texto do artigo · p. 163 1. Under conditions as determined by the competent authority or through the appropriate machinery in each country, service-off articles should be counted as part of the period of service.

Texto do artigo · p. 163 2. Under conditions as determined by the competent authority or in an applicable collective agreement, absence from work to attend an approved maritime vocational training course or for such reasons as illness or injury or for maternity should be counted as part of the period of service.

Texto do artigo · p. 163 3. The level of pay during annual leave should be at the seafarer’s normal level of remuneration provided for by national laws or regulations or in the applicable seafarers’ employment agreement. For seafarers employed for periods shorter than one year or in the event of termination of the employment relationship, entitlement to leave should be calculated on a pro-rata basis.

Texto do artigo · p. 163 4. The following should not be counted as part of annual leave with pay:

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Texto do artigo · p. 164 Maritime Labour Convention, 2006 (a) public and customary holidays recognized as such in the flag State, whether or not they fall during the annual leave with pay; (b) periods of incapacity for work resulting from illness or injury or from maternity, under conditions as determined by the competent authority or through the appropriate machinery in each country; (c) temporary shore leave granted to a seafarer while under an employment agree- ment; and (d) compensatory leave of any kind, under conditions as determined by the compe- tent authority or through the appropriate machinery in each country. Guideline B2.4.2 – Taking of annual leave

Texto do artigo · p. 164 1. The time at which annual leave is to be taken should, unless it is fixed by regulation, collective agreement, arbitration award or other means consistent with national practice, be determined by the shipowner after consultation and, as far as pos- sible, in agreement with the seafarers concerned or their representatives.

Texto do artigo · p. 164 2. Seafarers should in principle have the right to take annual leave in the place with which they have a substantial connection, which would normally be the same as the place to which they are entitled to be repatriated. Seafarers should not be required with- out their consent to take annual leave due to them in another place except under the pro- visions of a seafarers’ employment agreement or of national laws or regulations.

Texto do artigo · p. 164 3. If seafarers are required to take their annual leave from a place other than that permitted by paragraph 2 of this Guideline, they should be entitled to free trans- portation to the place where they were engaged or recruited, whichever is nearer their home; subsistence and other costs directly involved should be for the account of the shipowner; the travel time involved should not be deducted from the annual leave with pay due to the seafarer.

Texto do artigo · p. 164 4. A seafarer taking annual leave should be recalled only in cases of extreme emergency and with the seafarer’s consent. Guideline B2.4.3 – Division and accumulation

Texto do artigo · p. 164 1. The division of the annual leave with pay into parts, or the accumulation of such annual leave due in respect of one year together with a subsequent period of leave, may be authorized by the competent authority or through the appropriate machinery in each country.

Texto do artigo · p. 164 2. Subject to paragraph 1 of this Guideline and unless otherwise provided in an agreement applicable to the shipowner and the seafarer concerned, the annual leave with pay recommended in this Guideline should consist of an uninterrupted period. Guideline B2.4.4 – Young seafarers

Texto do artigo · p. 164 1. Special measures should be considered with respect to young seafarers under the age of 18 who have served six months or any other shorter period of time under a col- lective agreement or seafarers’ employment agreement without leave on a foreign-going ship which has not returned to their country of residence in that time, and will not return in the subsequent three months of the voyage. Such measures could consist of their re- patriation at no expense to themselves to the place of original engagement in their coun- try of residence for the purpose of taking any leave earned during the voyage.

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Texto do artigo · p. 165 Conditions of employment Regulation 2.5 – Repatriation Purpose: To ensure that seafarers are able to return home

Texto do artigo · p. 165 1. Seafarers have a right to be repatriated at no cost to themselves in the circumstances and under the conditions specified in the Code.

Texto do artigo · p. 165 2. Each Member shall require ships that fly its flag to provide financial security to ensure that seafarers are duly repatriated in accordance with the Code. Standard A2.5 – Repatriation

Texto do artigo · p. 165 1. Each Member shall ensure that seafarers on ships that fly its flag are entitled to repatriation in the following circumstances: (a) if the seafarers’ employment agreement expires while they are abroad; (b) when the seafarers’ employment agreement is terminated: (i) by the shipowner; or (ii) by the seafarer for justified reasons; and also (c) when the seafarers are no longer able to carry out their duties under their employment agreement or cannot be expected to carry them out in the specific circumstances.

Texto do artigo · p. 165 2. Each Member shall ensure that there are appropriate provisions in its laws and regulations or other measures or in collective bargaining agreements, prescribing: (a) the circumstances in which seafarers are entitled to repatriation in accordance with paragraph 1(b) and (c) of this Standard; (b) the maximum duration of service periods on board following which a seafarer is entitled to repatriation – such periods to be less than 12 months; and (c) the precise entitlements to be accorded by shipowners for repatriation, including those relating to the destinations of repatriation, the mode of transport, the items of expense to be covered and other arrangements to be made by shipowners.

Texto do artigo · p. 165 3. Each Member shall prohibit shipowners from requiring that seafarers make an advance payment towards the cost of repatriation at the beginning of their employment, and also from recovering the cost of repatriation from the seafarers’ wages or other entitlements except where the seafarer has been found, in accordance with national laws or regulations or other measures or applicable collective bargaining agreements, to be in serious default of the seafarer’s employment obligations.

Texto do artigo · p. 165 4. National laws and regulations shall not prejudice any right of the shipowner to recover the cost of repatriation under third-party contractual arrangements.

Texto do artigo · p. 165 5. If a shipowner fails to make arrangements for or to meet the cost of repatriation of seafarers who are entitled to be repatriated: (a) the competent authority of the Member whose flag the ship flies shall arrange for repatriation of the seafarers concerned; if it fails to do so, the State from which the seafarers are to be repatriated or the State of which they are a national may arrange for their repatriation and recover the cost from the Member whose flag the ship flies; (b) costs incurred in repatriating seafarers shall be recoverable from the shipowner by the Member whose flag the ship flies; (c) the expenses of repatriation shall in no case be a charge upon the seafarers, except as provided for in paragraph 3 of this Standard.

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Texto do artigo · p. 166 Maritime Labour Convention, 2006

Texto do artigo · p. 166 6. Taking into account applicable international instruments, including the Inter- national Convention on Arrest of Ships, 1999, a Member which has paid the cost of re- patriation pursuant to this Code may detain, or request the detention of, the ships of the shipowner concerned until the reimbursement has been made in accordance with paragraph 5 of this Standard.

Texto do artigo · p. 166 7. Each Member shall facilitate the repatriation of seafarers serving on ships which call at its ports or pass through its territorial or internal waters, as well as their replacement on board.

Texto do artigo · p. 166 8. In particular, a Member shall not refuse the right of repatriation to any sea- farer because of the financial circumstances of a shipowner or because of the ship- owner's inability or unwillingness to replace a seafarer.

Texto do artigo · p. 166 9. Each Member shall require that ships that fly its flag carry and make avail- able to seafarers a copy of the applicable national provisions regarding repatriation written in an appropriate language. Guideline B2.5 – Repatriation Guideline B2.5.1 – Entitlement

Texto do artigo · p. 166 1. Seafarers should be entitled to repatriation: (a) in the case covered by Standard A2.5, paragraph 1(a), upon the expiry of the period of notice given in accordance with the provisions of the seafarers’ employ- ment agreement; (b) in the cases covered by Standard A2.5, paragraph 1(b) and (c): (i) in the event of illness or injury or other medical condition which requires their repatriation when found medically fit to travel; (ii) in the event of shipwreck; (iii) in the event of the shipowner not being able to continue to fulfil their legal or contractual obligations as an employer of the seafarers by reason of in- solvency, sale of ship, change of ship’s registration or any other similar reason; (iv) in the event of a ship being bound for a war zone, as defined by national laws or regulations or seafarers’ employment agreements, to which the sea- farer does not consent to go; and (v) in the event of termination or interruption of employment in accordance with an industrial award or collective agreement, or termination of employ- ment for any other similar reason.

Texto do artigo · p. 166 2. In determining the maximum duration of service periods on board following which a seafarer is entitled to repatriation, in accordance with this Code, account should be taken of factors affecting the seafarers’ working environment. Each Member should seek, wherever possible, to reduce these periods in the light of technological changes and developments and might be guided by any recommendations made on the matter by the Joint Maritime Commission.

Texto do artigo · p. 166 3. The costs to be borne by the shipowner for repatriation under Standard A2.5 should include at least the following: (a) passage to the destination selected for repatriation in accordance with para- graph 6 of this Guideline;

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Texto do artigo · p. 167 Conditions of employment (b) accommodation and food from the moment the seafarers leave the ship until they reach the repatriation destination; (c) pay and allowances from the moment the seafarers leave the ship until they reach the repatriation destination, if provided for by national laws or regulations or collective agreements; (d) transportation of 30 kg of the seafarers’ personal luggage to the repatriation destination; and (e) medical treatment when necessary until the seafarers are medically fit to travel to the repatriation destination.

Texto do artigo · p. 167 4. Time spent awaiting repatriation and repatriation travel time should not be deducted from paid leave accrued to the seafarers.

Texto do artigo · p. 167 5. Shipowners should be required to continue to cover the costs of repatriation until the seafarers concerned are landed at a destination prescribed pursuant to this Code or are provided with suitable employment on board a ship proceeding to one of those destinations.

Texto do artigo · p. 167 6. Each Member should require that shipowners take responsibility for repatriation arrangements by appropriate and expeditious means. The normal mode of transport should be by air. The Member should prescribe the destinations to which seafarers may be repatriated. The destinations should include the countries with which seafarers may be deemed to have a substantial connection including: (a) the place at which the seafarer agreed to enter into the engagement; (b) the place stipulated by collective agreement; (c) the seafarer’s country of residence; or (d) such other place as may be mutually agreed at the time of engagement.

Texto do artigo · p. 167 7. Seafarers should have the right to choose from among the prescribed destinations the place to which they are to be repatriated.

Texto do artigo · p. 167 8. The entitlement to repatriation may lapse if the seafarers concerned do not claim it within a reasonable period of time to be defined by national laws or regulations or collective agreements. Guideline B2.5.2 – Implementation by Members

Texto do artigo · p. 167 1. Every possible practical assistance should be given to a seafarer stranded in a foreign port pending repatriation and in the event of delay in the repatriation of the seafarer, the competent authority in the foreign port should ensure that the consular or local representative of the flag State and the seafarer’s State of nationality or State of residence, as appropriate, is informed immediately.

Texto do artigo · p. 167 2. Each Member should have regard to whether proper provision is made: (a) for the return of seafarers employed on a ship that flies the flag of a foreign country who are put ashore in a foreign port for reasons for which they are not responsible: (i) to the port at which the seafarer concerned was engaged; or (ii) to a port in the seafarer’s State of nationality or State of residence, as appropriate; or (iii) to another port agreed upon between the seafarer and the master or shipowner, with the approval of the competent authority or under other appropriate safeguards;

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Texto do artigo · p. 168 Maritime Labour Convention, 2006 (b) for medical care and maintenance of seafarers employed on a ship that flies the flag of a foreign country who are put ashore in a foreign port in consequence of sickness or injury incurred in the service of the ship and not due to their own wil- ful misconduct.

Texto do artigo · p. 168 3. If, after young seafarers under the age of 18 have served on a ship for at least four months during their first foreign-going voyage, it becomes apparent that they are unsuited to life at sea, they should be given the opportunity of being repatriated at no expense to themselves from the first suitable port of call in which there are consular services of the flag State, or the State of nationality or residence of the young seafarer. Notification of any such repatriation, with the reasons therefor, should be given to the authority which issued the papers enabling the young seafarers concerned to take up seagoing employment. Regulation 2.6 – Seafarer compensation for the ship’s loss or foundering Purpose: To ensure that seafarers are compensated when a ship is lost or has foundered

Texto do artigo · p. 168 1. Seafarers are entitled to adequate compensation in the case of injury, loss or unemployment arising from the ship’s loss or foundering. Standard A2.6 – Seafarer compensation for the ship’s loss or foundering

Texto do artigo · p. 168 1. Each Member shall make rules ensuring that, in every case of loss or foundering of any ship, the shipowner shall pay to each seafarer on board an indemnity against unemployment resulting from such loss or foundering.

Texto do artigo · p. 168 2. The rules referred to in paragraph 1 of this Standard shall be without prejudice to any other rights a seafarer may have under the national law of the Member con- cerned for losses or injuries arising from a ship’s loss or foundering. Guideline B2.6 – Seafarer compensation for the ship’s loss or foundering Guideline B2.6.1 – Calculation of indemnity against unemployment

Texto do artigo · p. 168 1. The indemnity against unemployment resulting from a ship’s foundering or loss should be paid for the days during which the seafarer remains in fact unemployed at the same rate as the wages payable under the employment agreement, but the total indemnity payable to any one seafarer may be limited to two months’ wages.

Texto do artigo · p. 168 2. Each Member should ensure that seafarers have the same legal remedies for recovering such indemnities as they have for recovering arrears of wages earned during the service. Regulation 2.7 – Manning levels Purpose: To ensure that seafarers work on board ships with sufficient personnel for the safe, efficient and secure operation of the ship

Texto do artigo · p. 168 1. Each Member shall require that all ships that fly its flag have a sufficient number of seafarers employed on board to ensure that ships are operated safely, effi-

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Texto do artigo · p. 169 Conditions of employment ciently and with due regard to security under all conditions, taking into account con- cerns about seafarer fatigue and the particular nature and conditions of the voyage. Standard A2.7 – Manning levels

Texto do artigo · p. 169 1. Each Member shall require that all ships that fly its flag have a sufficient number of seafarers on board to ensure that ships are operated safely, efficiently and with due regard to security. Every ship shall be manned by a crew that is adequate, in terms of size and qualifications, to ensure the safety and security of the ship and its personnel, under all operating conditions, in accordance with the minimum safe manning document or an equivalent issued by the competent authority, and to comply with the standards of this Convention.

Texto do artigo · p. 169 2. When determining, approving or revising manning levels, the competent authority shall take into account the need to avoid or minimize excessive hours of work to ensure sufficient rest and to limit fatigue, as well as the principles in applicable international instruments, especially those of the International Maritime Organiza- tion, on manning levels.

Texto do artigo · p. 169 3. When determining manning levels, the competent authority shall take into account all the requirements within Regulation 3.2 and Standard A3.2 concerning food and catering. Guideline B2.7 – Manning levels Guideline B2.7.1 – Dispute settlement

Texto do artigo · p. 169 1. Each Member should maintain, or satisfy itself that there is maintained, efficient machinery for the investigation and settlement of complaints or disputes concerning the manning levels on a ship.

Texto do artigo · p. 169 2. Representatives of shipowners’ and seafarers’ organizations should participate, with or without other persons or authorities, in the operation of such machinery. Regulation 2.8 – Career and skill development and opportunities for seafarers’ employment Purpose: To promote career and skill development and employment opportunities for seafarers

Texto do artigo · p. 169 1. Each Member shall have national policies to promote employment in the maritime sector and to encourage career and skill development and greater employ- ment opportunities for seafarers domiciled in its territory. Standard A2.8 – Career and skill development and employment opportunities for seafarers

Texto do artigo · p. 169 1. Each Member shall have national policies that encourage career and skill de- velopment and employment opportunities for seafarers, in order to provide the mari- time sector with a stable and competent workforce.

Texto do artigo · p. 169 2. The aim of the policies referred to in paragraph 1 of this Standard shall be to help seafarers strengthen their competencies, qualifications and employment opportunities.

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Texto do artigo · p. 170 Maritime Labour Convention, 2006

Texto do artigo · p. 170 3. Each Member shall, after consulting the shipowners’ and seafarers’ organizations concerned, establish clear objectives for the vocational guidance, education and training of seafarers whose duties on board ship primarily relate to the safe operation and navigation of the ship, including ongoing training. Guideline B2.8 – Career and skill development and employment opportunities for seafarers Guideline B2.8.1 – Measures to promote career and skill development and employment opportunities for seafarers

Texto do artigo · p. 170 1. Measures to achieve the objectives set out in Standard A2.8 might include: (a) agreements providing for career development and skills training with a ship- owner or an organization of shipowners; or (b) arrangements for promoting employment through the establishment and mainten- ance of registers or lists, by categories, of qualified seafarers; or (c) promotion of opportunities, both on board and ashore, for further training and education of seafarers to provide for skill development and portable competen- cies in order to secure and retain decent work, to improve individual employment prospects and to meet the changing technology and labour market conditions of the maritime industry. Guideline B2.8.2 – Register of seafarers

Texto do artigo · p. 170 1. Where registers or lists govern the employment of seafarers, these registers or lists should include all occupational categories of seafarers in a manner determined by national law or practice or by collective agreement.

Texto do artigo · p. 170 2. Seafarers on such a register or list should have priority of engagement for seafaring.

Texto do artigo · p. 170 3. Seafarers on such a register or list should be required to be available for work in a manner to be determined by national law or practice or by collective agreement.

Texto do artigo · p. 170 4. To the extent that national laws or regulations permit, the number of sea- farers on such registers or lists should be periodically reviewed so as to achieve levels adapted to the needs of the maritime industry.

Texto do artigo · p. 170 5. When a reduction in the number of seafarers on such a register or list becomes necessary, all appropriate measures should be taken to prevent or minimize detrimental effects on seafarers, account being taken of the economic and social situa- tion of the country concerned.

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Texto do artigo · p. 171 TITLE 3. ACCOMMODATION, RECREATIONAL FACILITIES, FOOD AND CATERING Regulation 3.1 – Accommodation and recreational facilities Purpose: To ensure that seafarers have decent accommodation and recreational facilities on board

Texto do artigo · p. 171 1. Each Member shall ensure that ships that fly its flag provide and maintain decent accommodations and recreational facilities for seafarers working or living on board, or both, consistent with promoting the seafarers’ health and well-being.

Texto do artigo · p. 171 2. The requirements in the Code implementing this Regulation which relate to ship construction and equipment apply only to ships constructed on or after the date when this Convention comes into force for the Member concerned. For ships constructed before that date, the requirements relating to ship construction and equipment that are set out in the Accommodation of Crews Convention (Revised), 1949 (No. 92), and the Accommodation of Crews (Supplementary Provisions) Convention, 1970 (No. 133), shall continue to apply to the extent that they were applicable, prior to that date, under the law or practice of the Member concerned. A ship shall be deemed to have been constructed on the date when its keel is laid or when it is at a similar stage of construction.

Texto do artigo · p. 171 3. Unless expressly provided otherwise, any requirement under an amendment to the Code relating to the provision of seafarer accommodation and recreational facilities shall apply only to ships constructed on or after the amendment takes effect for the Member concerned. Standard A3.1 – Accommodation and recreational facilities

Texto do artigo · p. 171 1. Each Member shall adopt laws and regulations requiring that ships that fly its flag: (a) meet minimum standards to ensure that any accommodation for seafarers, working or living on board, or both, is safe, decent and in accordance with the relevant provisions of this Standard; and (b) are inspected to ensure initial and ongoing compliance with those standards.

Texto do artigo · p. 171 2. In developing and applying the laws and regulations to implement this Standard, the competent authority, after consulting the shipowners’ and seafarers’ organizations concerned, shall: (a) take into account Regulation 4.3 and the associated Code provisions on health and safety protection and accident prevention, in light of the specific needs of seafarers that both live and work on board ship, and (b) give due consideration to the guidance contained in Part B of this Code.

Texto do artigo · p. 171 3. The inspections required under Regulation 5.1.4 shall be carried out when: (a) a ship is registered or re-registered; or (b) the seafarer accommodation on a ship has been substantially altered.

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Texto do artigo · p. 172 Maritime Labour Convention, 2006

Texto do artigo · p. 172 4. The competent authority shall pay particular attention to ensuring imple- mentation of the requirements of this Convention relating to: (a) the size of rooms and other accommodation spaces; (b) heating and ventilation; (c) noise and vibration and other ambient factors; (d) sanitary facilities; (e) lighting; and (f) hospital accommodation.

Texto do artigo · p. 172 5. The competent authority of each Member shall require that ships that fly its flag meet the minimum standards for on-board accommodation and recreational facil- ities that are set out in paragraphs 6 to 17 of this Standard.

Texto do artigo · p. 172 6. With respect to general requirements for accommoda- tion: (a) there shall be adequate headroom in all seafarer accommodation; the minimum permitted headroom in all seafarer accommodation where full and free move- ment is necessary shall be not less than 203 centimetres; the competent authority may permit some limited reduction in headroom in any space, or part of any space, in such accommodation where it is satisfied that such reduction: (i) is reasonable; and (ii) will not result in discomfort to the seafarers; (b) the accommodation shall be adequately insulated; (c) in ships other than passenger ships, as defined in Regulation 2(e) and (f) of the International Convention for the Safety of Life at Sea, 1974, as amended (the “SOLAS Convention”), sleeping rooms shall be situated above the load line amidships or aft, except that in exceptional cases, where the size, type or intended service of the ship renders any other location impracticable, sleeping rooms may be located in the fore part of the ship, but in no case forward of the collision bulk- head; (d) in passenger ships, and in special ships constructed in compliance with the IMO Code of Safety for Special Purpose Ships, 1983, and subsequent versions (herein- after called “special purpose ships”), the competent authority may, on condition that satisfactory arrangements are made for lighting and ventilation, permit the location of sleeping rooms below the load line, but in no case shall they be located immediately beneath working alleyways; (e) there shall be no direct openings into sleeping rooms from cargo and machi- nery spaces or from galleys, storerooms, drying rooms or communal sanitary areas; that part of a bulkhead separating such places from sleeping rooms and external bulkheads shall be efficiently constructed of steel or other approved substance and be watertight and gas-tight; (f) the materials used to construct internal bulkheads, panelling and sheeting, floors and joinings shall be suitable for the purpose and conduc- tive to ensuring a healthy environment; (g) proper lighting and sufficient drainage shall be provided; and (h) accommodation and recreational and catering facilities shall meet the require- ments in Regulation 4.3, and the related provisions in the Code, on health and safety protection and accident prevention, with respect to preventing the risk of exposure to hazardous levels of noise and vibration and other ambient factors

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Texto do artigo · p. 173 Accommodation, recreational facilities, food and catering and chemicals on board ships, and to provide an acceptable occupational and on- board living environment for seafarers.

Texto do artigo · p. 173 7. With respect to requirements for ventilation and heating: (a) sleeping rooms and mess rooms shall be adequately ventilated; (b) ships, except those regularly engaged in trade where temperate climatic con- ditions do not require this, shall be equipped with air conditioning for seafarer accommodation, for any separate radio room and for any centralized machinery control room; (c) all sanitary spaces shall have ventilation to the open air, independently of any other part of the accommodation; and (d) adequate heat through an appropriate heating system shall be provided, except in ships exclusively on voyages in tropical climates.

Texto do artigo · p. 173 8. With respect to requirements for lighting, subject to such special arrange- ments as may be permitted in passenger ships, sleeping rooms and mess rooms shall be lit by natural light and provided with adequate artificial light .

Texto do artigo · p. 173 9. When sleeping accommodation on board ships is required, the following re- quirements for sleeping rooms apply: (a) in ships other than passenger ships, an individual sleeping room shall be provided for each seafarer; in the case of ships of less than 3,000 gross tonnage or special purpose ships, exemptions from this requirement may be granted by the compe- tent authority after consultation with the shipowners’ and seafarers’ organiza- tions concerned; (b) separate sleeping rooms shall be provided for men and for women; (c) sleeping rooms shall be of adequate size and properly equipped so as to ensure reasonable comfort and to facilitate tidiness; (d) a separate berth for each seafarer shall in all circumstances be provided; (e) the minimum inside dimensions of a berth shall be at least 198 centimetres by 80 centimetres; (f) in single berth seafarers’ sleeping rooms the floor area shall not be less than: (i) 4.5 square metres in ships of less than 3,000 gross tonnage; (ii) 5.5 square metres in ships of 3,000 gross tonnage or over but less than 10,000 gross tonnage; (iii) 7 square metres in ships of 10,000 gross tonnage or over; (g) however, in order to provide single berth sleeping rooms on ships of less than 3,000 gross tonnage, passenger ships and special purpose ships, the competent authority may allow a reduced floor area; (h) in ships of less than 3,000 gross tonnage other than passenger ships and special purpose ships, sleeping rooms may be occupied by a maximum of two seafarers; the floor area of such sleeping rooms shall not be less than 7 square metres; (i) on passenger ships and special purpose ships the floor area of sleeping rooms for seafarers not performing the duties of ships’ officers shall not be less than: (i) 7.5 square metres in rooms accommodating two persons; (ii) 11.5 square metres in rooms accommodating three persons; (iii) 14.5 square metres in rooms accommodating four persons;

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Texto do artigo · p. 174 Maritime Labour Convention, 2006 (j) on special purpose ships sleeping rooms may accommodate more than four persons; the floor area of such sleeping rooms shall not be less than 3.6 square metres per person; (k) on ships other than passenger ships and special purpose ships, sleeping rooms for seafarers who perform the duties of ships’ officers, where no private sitting room or day room is provided, the floor area per person shall not be less than: (i) 7.5 square metres in ships of less than 3,000 gross tonnage; (ii) 8.5 square metres in ships of 3,000 gross tonnage or over but less than 10,000 gross tonnage; (iii) 10 square metres in ships of 10,000 gross tonnage or over; (l) on passenger ships and special purpose ships the floor area for seafarers performing the duties of ships’ officers where no private sitting room or day room is provided, the floor area per person for junior officers shall not be less than 7.5 square metres and for senior officers not less than 8.5 square metres; junior officers are understood to be at the operational level, and senior officers at the management level; (m) the master, the chief engineer and the chief navigating officer shall have, in addition to their sleeping rooms, an adjoining sitting room, day room or equivalent additional space; ships of less than 3,000 gross tonnage may be exempted by the competent authority from this requirement after consultation with the shipowners’ and seafarers’ organizations concerned; (n) for each occupant, the furniture shall include a clothes locker of ample space (minimum 475 litres) and a drawer or equivalent space of not less than 56 litres; if the drawer is incorporated in the clothes locker then the combined minimum volume of the clothes locker shall be 500 litres; it shall be fitted with a shelf and be able to be locked by the occupant so as to ensure privacy; (o) each sleeping room shall be provided with a table or desk, which may be of the fixed, drop-leaf or slide-out type, and with comfortable seating accommodation as necessary.

Texto do artigo · p. 174 10. With respect to requirements for mess rooms: (a) mess rooms shall be located apart from the sleeping rooms and as close as practicable to the galley; ships of less than 3,000 gross tonnage may be exempted by the competent authority from this requirement after consultation with the shipowners’ and seafarers’ organizations concerned; and (b) mess rooms shall be of adequate size and comfort and properly furnished and equipped (including ongoing facilities for refreshment), taking account of the number of seafarers likely to use them at any one time; provision shall be made for separate or common mess room facilities as appropriate.

Texto do artigo · p. 174 11. With respect to requirements for sanitary facilities: (a) all seafarers shall have convenient access on the ship to sanitary facilities meeting minimum standards of health and hygiene and reasonable standards of comfort, with separate sanitary facilities being provided for men and for women; (b) there shall be sanitary facilities within easy access of the navigating bridge and the machinery space or near the engine room control centre; ships of less than 3,000 gross tonnage may be exempted by the competent authority from this requirement after consultation with the shipowners’ and seafarers’ organizations concerned;

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Texto do artigo · p. 175 Accommodation, recreational facilities, food and catering (c) in all ships a minimum of one toilet, one wash basin and one tub or shower or both for every six persons or less who do not have personal facilities shall be pro- vided at a convenient location; (d) with the exception of passenger ships, each sleeping room shall be provided with a washbasin having hot and cold running fresh water, except where such a wash- basin is situated in the private bathroom provided; (e) in passenger ships normally engaged on voyages of not more than four hours' duration, consideration may be given by the competent authority to special arrangements or to a reduction in the number of facilities required; and (f) hot and cold running fresh water shall be available in all wash places.

Texto do artigo · p. 175 12. With respect to requirements for hospital accommodation, ships carrying 15 or more seafarers and engaged in a voyage of more than three days' duration shall pro- vide separate hospital accommodation to be used exclusively for medical purposes; the competent authority may relax this requirement for ships engaged in coastal trade; in approving on-board hospital accommodation, the competent authority shall ensure that the accommodation will, in all weathers, be easy of access, provide comfortable housing for the occupants and be conducive to their receiving prompt and proper attention.

Texto do artigo · p. 175 13. Appropriately situated and furnished laundry facilities shall be available.

Texto do artigo · p. 175 14. All ships shall have a space or spaces on open deck to which the seafarers can have access when off duty, which are of adequate area having regard to the size of the ship and the number of seafarers on board.

Texto do artigo · p. 175 15. All ships shall be provided with separate offices or a common ship's office for use by deck and engine departments; ships of less than 3,000 gross tonnage may be exempted by the competent authority from this requirement after consultation with the shipowners' and seafarers' organizations concerned.

Texto do artigo · p. 175 16. Ships regularly trading to mosquito-infested ports shall be fitted with appro- priate devices as required by the competent authority.

Texto do artigo · p. 175 17. Appropriate seafarers' recreational facilities, amenities and services, as adapted to meet the special needs of seafarers who must live and work on ships, shall be provided on board for the benefit of all seafarers, taking into account Regulation 4.3 and the associated Code provisions on health and safety protection and accident prevention.

Texto do artigo · p. 175 18. The competent authority shall require frequent inspections to be carried out on board ships, by or under the authority of the master, to ensure that seafarer ac- commodation is clean, decently habitable and maintained in a good state of repair. The results of each such inspection shall be recorded and be available for review.

Texto do artigo · p. 175 19. In the case of ships where there is need to take account, without discrimin- ation, of the interests of seafarers having differing and distinctive religious and social practices, the competent authority may, after consultation with the shipowners' and seafarers' organizations concerned, permit fairly applied variations in respect of this Standard on condition that such variations do not result in overall facilities less favour- able than those which would result from the application of this Standard.

Texto do artigo · p. 175 20. Each Member may, after consultation with the shipowners' and seafarers' organizations concerned, exempt ships of less than 200 gross tonnage where it is reasonable to do so, taking account of the size of the ship and the number of persons on board in relation to the requirements of the following provisions of this Standard:

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Texto do artigo · p. 176 Maritime Labour Convention, 2006 (a) paragraphs 7(b), 11(d) and 13; and (b) paragraph 9(f) and (h) to (l) inclusive, with respect to floor area only.

Texto do artigo · p. 176 21. Any exemptions with respect to the requirements of this Standard may be made only where they are expressly permitted in this Standard and only for particular circumstances in which such exemptions can be clearly justified on strong grounds and subject to protecting the seafarers’ health and safety. Guideline B3.1 — Accommodation and recreational facilities Guideline B3.1.1 — Design and construction

Texto do artigo · p. 176 1. External bulkheads of sleeping rooms and mess rooms should be adequately insulated. All machinery casings and all boundary bulkheads of galleys and other spaces in which heat is produced should be adequately insulated where there is a possibility of resulting heat effects in adjoining accommodation or passageways. Measures should also be taken to provide protection from heat effects of steam or hot-water service pipes or both.

Texto do artigo · p. 176 2. Sleeping rooms, mess rooms, recreation rooms and alleyways in the accommodation space should be adequately insulated to prevent condensation or overheating.

Texto do artigo · p. 176 3. The bulkhead surfaces and deckheads should be of material with a surface easily kept clean. No form of construction likely to harbour vermin should be used.

Texto do artigo · p. 176 4. The bulkhead surfaces and deckheads in sleeping rooms and mess rooms should be capable of being easily kept clean and light in colour with a durable, non- toxic finish.

Texto do artigo · p. 176 5. The decks in all seafarer accommodation should be of approved material and construction and should provide a non-slip surface impervious to damp and easily kept clean.

Texto do artigo · p. 176 6. Where the floorings are made of composite materials, the joints with the sides should be profiled to avoid crevices. Guideline B3.1.2 — Ventilation

Texto do artigo · p. 176 1. The system of ventilation for sleeping rooms and mess rooms should be controlled so as to maintain the air in a satisfactory condition and to ensure a sufficiency of air movement in all conditions of weather and climate.

Texto do artigo · p. 176 2. Air-conditioning systems, whether of a centralized or individual unit type, should be designed to: (a) maintain the air at a satisfactory temperature and relative humidity as compared to outside air conditions, ensure a sufficiency of air changes in all air-conditioned spaces, take account of the particular characteristics of operations at sea and not produce excessive noises or vibrations; and (b) facilitate easy cleaning and disinfection to prevent or control the spread of disease.

Texto do artigo · p. 176 3. Power for the operation of the air conditioning and other aids to ventilation required by the preceeding paragraphs of this Guideline should be available at all times

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Texto do artigo · p. 177 Accommodation, recreational facilities, food and catering when seafarers are living or working on board and conditions so require. However, this power need not be provided from an emergency source. Guideline B3.1.3 – Heating

Texto do artigo · p. 177 1. The system of heating the seafarer accommodation should be in operation at all times when seafarers are living or working on board and conditions require its use.

Texto do artigo · p. 177 2. In all ships in which a heating system is required, the heating should be by means of hot water, warm air, electricity, steam or equivalent. However, within the ac- commodation area, steam should not be used as a medium for heat transmission. The heating system should be capable of maintaining the temperature in seafarer accom- modation at a satisfactory level under normal conditions of weather and climate likely to be met within the trade in which the ship is engaged. The competent authority should prescribe the standard to be provided.

Texto do artigo · p. 177 3. Radiators and other heating apparatus should be placed and, where neces- sary, shielded so as to avoid risk of fire or danger or discomfort to the occupants. Guideline B3.1.4 – Lighting

Texto do artigo · p. 177 1. In all ships, electric light should be provided in the seafarer accommodation. If there are not two independent sources of electricity for lighting, additional lighting should be provided by properly constructed lamps or lighting apparatus for emergency use.

Texto do artigo · p. 177 2. In sleeping rooms an electric reading lamp should be installed at the head of each berth.

Texto do artigo · p. 177 3. Suitable standards of natural and artificial lighting should be fixed by the competent authority. Guideline B3.1.5 – Sleeping rooms

Texto do artigo · p. 177 1. There should be adequate berth arrangements on board, making it as com- fortable as possible for the seafarer and any partner who may accompany the seafarer.

Texto do artigo · p. 177 2. Where the size of the ship, the activity in which it is to be engaged and its lay- out make it reasonable and practicable, sleeping rooms should be planned and equipped with a private bathroom, including a toilet, so as to provide reasonable com- fort for the occupants and to facilitate tidiness.

Texto do artigo · p. 177 3. As far as practicable, sleeping rooms of seafarers should be so arranged that watches are separated and that no seafarers working during the day share a room with watchkeepers.

Texto do artigo · p. 177 4. In the case of seafarers performing the duty of petty officers there should be no more than two persons per sleeping room.

Texto do artigo · p. 177 5. Consideration should be given to extending the facility referred to in Stand- ard A3.1, paragraph 9(m), to the second engineer officer when practicable.

Texto do artigo · p. 177 6. Space occupied by berths and lockers, chests of drawers and seats should be included in the measurement of the floor area. Small or irregularly shaped spaces which do not add effectively to the space available for free movement and cannot be used for installing furniture should be excluded.

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Texto do artigo · p. 178 Maritime Labour Convention, 2006

Texto do artigo · p. 178 7. Berths should not be arranged in tiers of more than two; in the case of berths placed along the ship’s side, there should be only a single tier where a sidelight is situ- ated above a berth.

Texto do artigo · p. 178 8. The lower berth in a double tier should be not less than 30 centimetres above the floor; the upper berth should be placed approximately midway between the bottom of the lower berth and the lower side of the deckhead beams.

Texto do artigo · p. 178 9. The framework and the lee-board, if any, of a berth should be of approved material, hard, smooth, and not likely to corrode or to harbour vermin.

Texto do artigo · p. 178 10. If tubular frames are used for the construction of berths, they should be completely sealed and without perforations which would give access to vermin.

Texto do artigo · p. 178 11. Each berth should be fitted with a comfortable mattress with cushioning bottom or a combined cushioning mattress, including a spring bottom or a spring mat- tress. The mattress and cushioning material used should be made of approved material. Stuffing of material likely to harbour vermin should not be used.

Texto do artigo · p. 178 12. When one berth is placed over another, a dust-proof bottom should be fit- ted beneath the bottom mattress or spring bottom of the upper berth.

Texto do artigo · p. 178 13. The furniture should be of smooth, hard material not liable to warp or corrode.

Texto do artigo · p. 178 14. Sleeping rooms should be fitted with curtains or equivalent for the side- lights.

Texto do artigo · p. 178 15. Sleeping rooms should be fitted with a mirror, small cabinets for toilet requisites, a book rack and a sufficient number of coat hooks. Guideline B3.1.6 – Mess rooms

Texto do artigo · p. 178 1. Mess room facilities may be either common or separate. The decision in this respect should be taken after consultation with seafarers’ and shipowners’ represent- atives and subject to the approval of the competent authority. Account should be taken of factors such as the size of the ship and the distinctive cultural, religious and social needs of the seafarers.

Texto do artigo · p. 178 2. Where separate mess room facilities are to be provided to seafarers, then sep- arate mess rooms should be provided for: (a) master and officers; and (b) petty officers and other seafarers.

Texto do artigo · p. 178 3. On ships other than passenger ships, the floor area of mess rooms for sea- farers should be not less than 1.5 square metres per person of the planned seating capacity.

Texto do artigo · p. 178 4. In all ships, mess rooms should be equipped with tables and appropriate seats, fixed or movable, sufficient to accommodate the greatest number of seafarers likely to use them at any one time.

Texto do artigo · p. 178 5. There should be available at all times when seafarers are on board: (a) a refrigerator, which should be conveniently situated and of sufficient capacity for the number of persons using the mess room or mess rooms;

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Texto do artigo · p. 179 Accommodation, recreational facilities, food and catering (b) facilities for hot beverages; and (c) cool water facilities.

Texto do artigo · p. 179 6. Where available pantries are not accessible to mess rooms, adequate lockers for mess utensils and proper facilities for washing utensils should be provided.

Texto do artigo · p. 179 7. The tops of tables and seats should be of damp-resistant material. Guideline B3.1.7 – Sanitary accommodation

Texto do artigo · p. 179 1. Washbasins and tub baths should be of adequate size and constructed of approved material with a smooth surface not liable to crack, flake or corrode.

Texto do artigo · p. 179 2. All toilets should be of an approved pattern and provided with an ample flush of water or with some other suitable flushing means, such as air, which are available at all times and independently controllable.

Texto do artigo · p. 179 3. Sanitary accommodation intended for the use of more than one person should comply with the following: (a) floors should be of approved material, impervious to damp, and should be properly drained; (b) bulkheads should be of steel or other approved material and should be watertight up to at least 23 centimetres above the level of the deck; (c) the accommodation should be sufficiently lit, heated and ventilated; (d) toilets should be situated convenient to, but separate from, sleeping rooms and wash rooms, without direct access from the sleeping rooms or from a passage between sleeping rooms and toilets to which there is no other access; this requirement does not apply where a toilet is located in a compartment between two sleeping rooms having a total of not more than four seafarers; and (e) where there is more than one toilet in a compartment, they should be sufficiently screened to ensure privacy.

Texto do artigo · p. 179 4. The laundry facilities provided for seafarers’ use should include: (a) washing machines; (b) drying machines or adequately heated and ventilated drying rooms; and (c) irons and ironing boards or their equivalent. Guideline B3.1.8 – Hospital accommodation

Texto do artigo · p. 179 1. The hospital accommodation should be designed so as to facilitate consultation and the giving of medical first aid and to help prevent the spread of infectious diseases.

Texto do artigo · p. 179 2. The arrangement of the entrance, berths, lighting, ventilation, heating and water supply should be designed to ensure the comfort and facilitate the treatment of the occupants.

Texto do artigo · p. 179 3. The number of hospital berths required should be prescribed by the competent authority.

Texto do artigo · p. 179 4. Sanitary accommodation should be provided for the exclusive use of the occupants of the hospital accommodation, either as part of the accommodation or in close proximity thereto. Such sanitary accommodation should comprise a minimum of one toilet, one washbasin and one tub or shower.

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Texto do artigo · p. 180 Maritime Labour Convention, 2006 Guideline B3.1.9 – Other facilities

Texto do artigo · p. 180 1. Where separate facilities for engine department personnel to change their clothes are provided, they should be: (a) located outside the machinery space but with easy access to it; and (b) fitted with individual clothes lockers as well as with tubs or showers or both and washbasins having hot and cold running fresh water. Guideline B3.1.10 – Bedding, mess utensils and miscellaneous provisions

Texto do artigo · p. 180 1. Each Member should consider applying the following principles: (a) clean bedding and mess utensils should be supplied by the shipowner to all sea- farers for use on board during service on the ship, and such seafarers should be responsible for their return at times specified by the master and on completion of service in the ship; (b) bedding should be of good quality, and plates, cups and other mess utensils should be of approved material which can be easily cleaned; and (c) towels, soap and toilet paper for all seafarers should be provided by the shipowner. Guideline B3.1.11 – Recreational facilities, mail and ship visit arrangements

Texto do artigo · p. 180 1. Recreational facilities and services should be reviewed frequently to ensure that they are appropriate in the light of changes in the needs of seafarers resulting from technical, operational and other developments in the shipping industry.

Texto do artigo · p. 180 2. Furnishings for recreational facilities should as a minimum include a book- case and facilities for reading, writing and, where practicable, games.

Texto do artigo · p. 180 3. In connection with the planning of recreational facilities, the competent author- ity should give consideration to the provision of a canteen.

Texto do artigo · p. 180 4. Consideration should also be given to including the following facilities at no cost to the seafarer, where practicable: (a) a smoking room; (b) television viewing and the reception of radio broadcasts; (c) showing of films, the stock of which should be adequate for the duration of the voyage and, where necessary, changed at reasonable intervals; (d) sports equipment including exercise equipment, table games and deck games; (e) where possible, facilities for swimming; (f) a library containing vocational and other books, the stock of which should be adequate for the duration of the voyage and changed at reasonable intervals; (g) facilities for recreational handicrafts; (h) electronic equipment such as a radio, television, video recorders, DVD/CD player, personal computer and software and cassette recorder/player; (i) where appropriate, the provision of bars on board for seafarers unless these are contrary to national, religious or social customs; and (j) reasonable access to ship-to-shore telecommunications, and email and Internet facilities, where available, with any charges for the use of these services being reasonable in amount.

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Texto do artigo · p. 182 Maritime Labour Convention, 2006 adequately covers the requirements of the ship and takes into account the differing cul- tural and religious backgrounds.

Texto do artigo · p. 182 2. Seafarers on board a ship shall be provided with food free of charge during the period of engagement.

Texto do artigo · p. 182 3. Seafarers employed as ships’ cooks with responsibility for food preparation must be trained and qualified for their position on board ship. Standard A3.2 – Food and catering

Texto do artigo · p. 182 1. Each Member shall adopt laws and regulations or other measures to provide minimum standards for the quantity and quality of food and drinking water and for the catering standards that apply to meals provided to seafarers on ships that fly its flag, and shall undertake educational activities to promote awareness and implementation of the standards referred to in this paragraph.

Texto do artigo · p. 182 2. Each Member shall ensure that ships that fly its flag meet the following min- imum standards: (a) food and drinking water supplies, having regard to the number of seafarers on board, their religious requirements and cultural practices as they pertain to food, and the duration and nature of the voyage, shall be suitable in respect of quantity, nutritional value, quality and variety; (b) the organization and equipment of the catering department shall be such as to permit the provision to the seafarers of adequate, varied and nutritious meals prepared and served in hygienic conditions; and (c) catering staff shall be properly trained or instructed for their positions.

Texto do artigo · p. 182 3. Shipowners shall ensure that seafarers who are engaged as ships’ cooks are trained, qualified and found competent for the position in accordance with require- ments set out in the laws and regulations of the Member concerned.

Texto do artigo · p. 182 4. The requirements under paragraph 3 of this Standard shall include a comple- tion of a training course approved or recognized by the competent authority, which covers practical cookery, food and personal hygiene, food storage, stock control, and environmental protection and catering health and safety.

Texto do artigo · p. 182 5. On ships operating with a prescribed manning of less than ten which, by vir- tue of the size of the crew or the trading pattern, may not be required by the competent authority to carry a fully qualified cook, anyone processing food in the galley shall be trained or instructed in areas including food and personal hygiene as well as handling and storage of food on board ship.

Texto do artigo · p. 182 6. In circumstances of exceptional necessity, the competent authority may issue a dispensation permitting a non-fully qualified cook to serve in a specified ship for a specified limited period, until the next convenient port of call or for a period not ex- ceeding one month, provided that the person to whom the dispensation is issued is trained or instructed in areas including food and personal hygiene as well as handling and storage of food on board ship.

Texto do artigo · p. 182 7. In accordance with the ongoing compliance procedures under Title 5, the competent authority shall require that frequent documented inspections be carried out on board ships, by or under the authority of the master, with respect to:

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Texto do artigo · p. 183 Accommodation, recreational facilities, food and catering (a) supplies of food and drinking water; (b) all spaces and equipment used for the storage and handling of food and drinking water; and (c) galley and other equipment for the preparation and service of meals.

Texto do artigo · p. 183 8. No seafarer under the age of 18 shall be employed or engaged or work as a ship’s cook. Guideline B3.2 – Food and catering Guideline B3.2.1 – Inspection, education, research and publication

Texto do artigo · p. 183 1. The competent authority should, in cooperation with other relevant agencies and organizations, collect up-to-date information on nutrition and on methods of purchasing, storing, preserving, cooking and serving food, with special reference to the requirements of catering on board a ship. This information should be made available, free of charge or at reasonable cost, to manufacturers of and traders in ships’ food supplies and equipment, masters, stewards and cooks, and to shipowners’ and seafarers’ organizations concerned. Appropriate forms of publicity, such as manuals, brochures, posters, charts or advertisements in trade journals, should be used for this purpose.

Texto do artigo · p. 183 2. The competent authority should issue recommendations to avoid wastage of food, facilitate the maintenance of a proper standard of hygiene, and ensure the maximum practicable convenience in working arrangements.

Texto do artigo · p. 183 3. The competent authority should work with relevant agencies and organizations to develop educational materials and on-board information concerning methods of ensuring proper food supply and catering services.

Texto do artigo · p. 183 4. The competent authority should work in close cooperation with the shipowners’ and seafarers’ organizations concerned and with national or local authorities dealing with questions of food and health, and may where necessary utilize the services of such authorities. Guideline B3.2.2 – Ships’ cooks

Texto do artigo · p. 183 1. Seafarers should only be qualified as ships’ cooks if they have: (a) served at sea for a minimum period to be prescribed by the competent authority, which could be varied to take into account existing relevant qualifications or experience; (b) passed an examination prescribed by the competent authority or passed an equivalent examination at an approved training course for cooks.

Texto do artigo · p. 183 2. The prescribed examination may be conducted and certificates granted either directly by the competent authority or, subject to its control, by an approved school for the training of cooks.

Texto do artigo · p. 183 3. The competent authority should provide for the recognition, where appropriate, of certificates of qualification as ships’ cooks issued by other Members, which have ratified this Convention or the Certification of Ships’ Cooks Convention, 1946 (No. 69), or other approved body.

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Texto do artigo · p. 184 TITLE 4. HEALTH PROTECTION, MEDICAL CARE, WELFARE AND SOCIAL SECURITY PROTECTION Regulation 4.1 – Medical care on board ship and ashore Purpose: To protect the health of seafarers and ensure their prompt access to medical care on board ship and ashore

Texto do artigo · p. 184 1. Each Member shall ensure that all seafarers on ships that fly its flag are covered by adequate measures for the protection of their health and that they have access to prompt and adequate medical care whilst working on board.

Texto do artigo · p. 184 2. The protection and care under paragraph 1 of this Regulation shall, in principle, be provided at no cost to the seafarers.

Texto do artigo · p. 184 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.

Texto do artigo · p. 184 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

Texto do artigo · p. 184 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.

Texto do artigo · p. 184 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,

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Texto do artigo · p. 185 Health protection, medical care, welfare and social security prote when completed, and its contents shall be kept confidential and shall only be us facilitate the treatment of seafarers.

Texto do artigo · p. 185 3. Each Member shall adopt laws and regulations establishing requireme on-board hospital and medical care facilities and equipment and training on ships fly its flag.

Texto do artigo · p. 185 4. National laws and regulations shall as a minimum provide for the follow requirements: (a) all ships shall carry a medicine chest, medical equipment and a medical guide, specifics of which shall be prescribed and subject to regular inspection by the cc petent authority; the national requirements shall take into account the type of sh the number of persons on board and the nature, destination and dura voyages and relevant national and international recommended medical standar (b) ships carrying 100 or more persons and ordinarily engaged on internation voyages of more than three days' duration shall carry a qualified medical doct who is responsible for providing medical care; national laws or regulations sh also specify which other ships shall be required to carry a medical doctor, taki into account, inter alia, such factors as the duration, nature and conditions of th voyage and the number of seafarers on board; (c) ships which do not carry a medical doctor shall be required to have either at lea one seafarer on board who is in charge of medical care and administering medi cine as part of their regular duties or at least one seafarer on board competent t provide medical first aid; persons in charge of medical care on board who are n medical doctors shall have satisfactorily completed training in medical care tha meets the requirements of the International Convention on Standards of Train ing, Certification and Watchkeeping for Seafarers, 1978, as amended (“STCW”) seafarers designated to provide medical first aid shall have satisfactorily com pleted training in medical first aid that meets the requirements of STCW national laws or regulations shall specify the level of approved training require taking into account, inter alia, such factors as the duration, nature and conditions of the voyage and the number of seafarers on board; and (d) the competent authority shall ensure by a prearranged system that medical ad vice by radio or satellite communication to ships at sea, including specialist advice, is available 24 hours a day; medical advice, including the onward trans mission of medical messages by radio or satellite communication between a ship and those ashore giving the advice, shall be available free of charge to all ships irrespective of the flag that they fly. Guideline B4.1 – Medical care on board ship and ashore Guideline B4.1.1 – Provision of medical care

Texto do artigo · p. 185 1. When determining the level of medical training to be provided on board ships that are not required to carry a medical doctor, the competent authority should require (a) ships which ordinarily are capable of reaching qualified medical care and medical facilities within eight hours should have at least one designated seafarer with the approved medical first-aid training required by STCW which will enable such persons to take immediate, effective action in case of accidents or illnesses likely

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Texto do artigo · p. 186 Maritime Labour Convention, 2006 to occur on board a ship and to make use of medical advice by radio or satellite communication; and (b) all other ships should have at least one designated seafarer with approved training in medical care required by STCW, including practical training and training in life-saving techniques such as intravenous therapy, which will enable the persons concerned to participate effectively in coordinated schemes for medical assistance to ships at sea, and to provide the sick or injured with a satisfactory standard of medical care during the period they are likely to remain on board.

Texto do artigo · p. 186 2. The training referred to in paragraph 1 of this Guideline should be based on the contents of the most recent editions of the International Medical Guide for Ships, the Medical First Aid Guide for Use in Accidents Involving Dangerous Goods, the Document for Guidance – An International Maritime Training Guide, and the medical section of the International Code of Signals as well as similar national guidance.

Texto do artigo · p. 186 3. Persons referred to in paragraph 1 of this Guideline and such other seafarers as may be required by the competent authority should undergo, at approximately five-year intervals, refresher courses to enable them to maintain and increase their knowledge and skills and to keep up-to-date with new developments.

Texto do artigo · p. 186 4. The medicine chest and its contents, as well as the medical equipment and medical guide carried on board, should be properly maintained and inspected at regular intervals, not exceeding 12 months, by responsible persons designated by competent authority, who should ensure that the labelling, expiry dates and conditions of storage of all medicines and directions for their use are checked and all equipment functioning as required. In adopting or reviewing the ship’s medical guide used nationally, and in determining the contents of the medicine chest and medical equipment, the competent authority should take into account international recommendations in this field, including the latest edition of the International Medical Guide for Ships, and other guides mentioned in paragraph 2 of this Guideline.

Texto do artigo · p. 186 5. Where a cargo which is classified dangerous has not been included in the most recent edition of the Medical First Aid Guide for Use in Accidents Involving Dangerous Goods, the necessary information on the nature of the substances, the risks involved, the relevant personal protective devices, the relevant medical procedures and specific antidotes should be made available to the seafarers. Such specific antidotes and personal protective devices should be on board whenever dangerous goods are carried. This information should be integrated with the ship’s policies and programmes on occupational safety and health described in Regulation 4.3 and related Code provisions.

Texto do artigo · p. 186 6. All ships should carry a complete and up-to-date list of radio stations through which medical advice can be obtained; and, if equipped with a system of satellite communication, carry an up-to-date and complete list of coast earth stations through which medical advice can be obtained. Seafarers with responsibility for medical care or medical first aid on board should be instructed in the use of the ship’s medical guide and the medical section of the most recent edition of the International Code of Signals, so as to enable them to understand the type of information needed by the advising doctor as well as the advice received. Guideline B4.1.2 – Medical report form

Texto do artigo · p. 186 1. The standard medical report form for seafarers required under Part A of this Code should be designed to facilitate the exchange of medical and related information concerning individual seafarers between ship and shore in cases of illness or injury.

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Texto do artigo · p. 187 Health protection, medical care, welfare and social security protection Guideline B4.1.3 – Medical care ashore

Texto do artigo · p. 187 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.

Texto do artigo · p. 187 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 (c) facilities for dental treatment, especially in cases of emergency.

Texto do artigo · p. 187 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

Texto do artigo · p. 187 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 stations 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; (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 concerning 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;

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Texto do artigo · p. 188 Maritime Labour Convention, 2006 (j) providing all seafarers with special curative and preventive health and medical services in port, or making available to them general health, medical and re- habilitation services; and (k) arranging for the repatriation of the bodies or ashes of deceased seafarers, in ac- cordance with the wishes of the next of kin and as soon as practicable.

Texto do artigo · p. 188 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

Texto do artigo · p. 188 1. Each Member should adopt measures to secure proper and sufficient medi- cal care for the dependants of seafarers domiciled in its territory pending the develop- ment 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 Inter- national 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

Texto do artigo · p. 188 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 conse- quences of sickness, injury or death occurring while they are serving under a seafarers’ employment agreement or arising from their employment under such agreement.

Texto do artigo · p. 188 2. This Regulation does not affect any other legal remedies that a seafarer may seek. Standard A4.2 – Shipowners’ liability

Texto do artigo · p. 188 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 sea- farers 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 com- mencing duty and the date upon which they are deemed duly repatriated, or aris- ing from their employment between those dates; (b) shipowners shall provide financial security to assure compensation in the event of death or long-term disability of seafarers due to an occupational injury, ill- ness or hazard, as set out in national law, the seafarers’ employment agreement or collective agreement; (c) shipowners shall be liable to defray the expense of medical care, including med- ical treatment and the supply of the necessary medicines and therapeutic appli- ances, 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 perma- nent character; and

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Texto do artigo · p. 189 Health protection, medical care, welfare and social security protection (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.

Texto do artigo · p. 189 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.

Texto do artigo · p. 189 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.

Texto do artigo · p. 189 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.

Texto do artigo · p. 189 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.

Texto do artigo · p. 189 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.

Texto do artigo · p. 189 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

Texto do artigo · p. 189 1. The payment of full wages required by Standard A4.2, paragraph 3(a), may be exclusive of bonuses.

Texto do artigo · p. 189 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.

Texto do artigo · p. 189 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.

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Texto do artigo · p. 190 Maritime Labour Convention, 2006 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

Texto do artigo · p. 190 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.

Texto do artigo · p. 190 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.

Texto do artigo · p. 190 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

Texto do artigo · p. 190 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 (d) requirements for inspecting, reporting and correcting unsafe conditions and for investigating and reporting on-board occupational accidents.

Texto do artigo · p. 190 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;

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Texto do artigo · p. 191 Health protection, medical care, welfare and social security protection (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.

Texto do artigo · p. 191 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 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.

Texto do artigo · p. 191 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.

Texto do artigo · p. 191 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 (c) occupational accidents are investigated.

Texto do artigo · p. 191 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.

Texto do artigo · p. 191 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.

Texto do artigo · p. 191 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

Texto do artigo · p. 191 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.

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Texto do artigo · p. 192 Maritime Labour Convention, 2006

Texto do artigo · p. 192 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; (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.

Texto do artigo · p. 192 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, es- pecially 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.

Texto do artigo · p. 192 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

Texto do artigo · p. 192 1. The competent authority, in conjunction with the competent international bodies and with representatives of shipowners’ and seafarers’ organizations concerned,

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Texto do artigo · p. 193 Health protection, medical care, welfare and social security protection 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.

Texto do artigo · p. 193 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 ex- posure 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 neces- sary; 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 machin- ery spaces. Guideline B4.3.3 – Exposure to vibration

Texto do artigo · p. 193 1. The competent authority, in conjunction with the competent international bodies. and with representatives of shipowners' and seafarers' organizations concerned, and taking into account, as appropriate, relevant inter- national standards, should review on an ongoing basis the problem of vibration on board ships with the objective of improving the protection of seafarers, in so far as practicable, from the adverse effects of vibration.

Texto do artigo · p. 193 2. The review referred to in paragraph 1 of this Guideline should cover the effect of exposure to excessive vibration on the health and comfort of seafarers and the measures to be prescribed or recommended to reduce shipboard vibration to protect seafarers. The measures to be considered should include the following: (a) instruction of seafarers in the dangers to their health of prolonged exposure to vibration; (b) provision of approved personal protective equipment to seafarers where neces- sary; and (c) assessment of risks and reduction of exposure to vibration in all accommodation and recreational and catering facilities by adopting measures in accordance with the guidance provided by the ILO code of practice entitled Ambient factors in the workplace, 2001, and any subsequent revisions, taking account of the differ- ence between exposure in those areas and in the workplace. Guideline B4.3.4 – Obligations of shipowners

Texto do artigo · p. 193 1. Any obligation on the shipowner to provide protective equipment or other accident prevention safeguards should, in general, be accompanied by provisions requiring their use by seafarers and by a requirement for seafarers to comply with the relevant accident prevention and health protection measures.

Texto do artigo · p. 193 2. Account should also be taken of Articles 7 and 11 of the Guarding of Machinery Convention, 1963 (No. 119), and the corresponding provisions of the Guarding of Machinery Recommendation, 1963 (No. 118), under which the obligation to ensure compliance with the requirement that machinery in use is properly guarded, and its use

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Texto do artigo · p. 194 Maritime Labour Convention, 2006 without appropriate guards prevented, rests on the employer, while there is an obligation on the worker not to use machinery without the guards being in position nor to make in- operative the guards provided. Guideline B4.3.5 – Reporting and collection of statistics

Texto do artigo · p. 194 1. All occupational accidents and occupational injuries and diseases should be reported so that they can be investigated and comprehensive statistics can be kept, analysed and published, taking account of protection of the personal data of the sea- farers concerned. Reports should not be limited to fatalities or to accidents involving the ship.

Texto do artigo · p. 194 2. The statistics referred to in paragraph 1 of this Guideline should record the numbers, nature, causes and effects of occupational accidents and occupational in- juries and diseases, with a clear indication, as applicable, of the department on board a ship, the type of accident and whether at sea or in port.

Texto do artigo · p. 194 3. Each Member should have due regard to any international system or model for recording accidents to seafarers which may have been established by the Inter- national Labour Organization. Guideline B4.3.6 – Investigations

Texto do artigo · p. 194 1. The competent authority should undertake investigations into the causes and circumstances of all occupational accidents and occupational injuries and diseases re- sulting in loss of life or serious personal injury, and such other cases as may be specified in national laws or regulations.

Texto do artigo · p. 194 2. Consideration should be given to including the following as subjects of investigation: (a) working environment, such as working surfaces, layout of machinery, means of access, lighting and methods of work; (b) incidence in different age groups of occupational accidents and occupational in- juries and diseases; (c) special physiological or psychological problems created by the shipboard environment; (d) problems arising from physical stress on board a ship, in particular as a conse- quence of increased workload; (e) problems arising from and effects of technical developments and their influence on the composition of crews; and (f) problems arising from any human failures. Guideline B4.3.7 – National protection and prevention programmes

Texto do artigo · p. 194 1. In order to provide a sound basis for measures to promote occupational safety and health protection and prevention of accidents, injuries and diseases which are due to particular hazards of maritime employment, research should be undertaken into general trends and into such hazards as are revealed by statistics.

Texto do artigo · p. 194 2. The implementation of protection and prevention programmes for the promo- tion of occupational safety and health should be so organized that the competent authority, shipowners and seafarers or their representatives and other appropriate bodies may

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Texto do artigo · p. 195 Health protection, medical care, welfare and social security protection play an active role, including through such means as information sessions, on-board guidelines on maximum exposure levels to potentially harmful ambient workplace fac- tors and other hazards or outcomes of a systematic risk evaluation process. In particular, national or local joint occupational safety and health protection and accident prevention committees or ad hoc working parties and on-board committees, on which shipowners’ and seafarers’ organizations concerned are represented, should be established.

Texto do artigo · p. 195 3. Where such activity takes place at company level, the representation of sea- farers on any safety committee on board that shipowner’s ships should be considered. Guideline B4.3.8 – Content of protection and prevention programmes

Texto do artigo · p. 195 1. Consideration should be given to including the following in the functions of the committees and other bodies referred to in Guideline B4.3.7, paragraph 2: (a) the preparation of national guidelines and policies for occupational safety and health management systems and for accident prevention provisions, rules and manuals; (b) the organization of occupational safety and health protection and accident pre- vention training and programmes; (c) the organization of publicity on occupational safety and health protection and ac- cident prevention, including films, posters, notices and brochures; and (d) the distribution of literature and information on occupational safety and health protection and accident prevention so that it reaches seafarers on board ships.

Texto do artigo · p. 195 2. Relevant provisions or recommendations adopted by the appropriate national authorities or organizations or international organizations should be taken into account by those preparing texts of occupational safety and health protection and accident prevention measures or recommended practices.

Texto do artigo · p. 195 3. In formulating occupational safety and health protection and accident pre- vention programmes, each Member should have due regard to any code of practice concerning the safety and health of seafarers which may have been published by the International Labour Organization. Guideline B4.3.9 – Instruction in occupational safety and health protection and the prevention of occupational accidents

Texto do artigo · p. 195 1. The curriculum for the training referred to in Standard A4.3, paragraph 1(a), should be reviewed periodically and brought up to date in the light of development in types and sizes of ships and in their equipment, as well as changes in manning practices, nationality, language and the organization of work on board ships.

Texto do artigo · p. 195 2. There should be continuous occupational safety and health protection and accident prevention publicity. Such publicity might take the following forms: (a) educational audiovisual material, such as films, for use in vocational training cen- tres for seafarers and where possible shown on board ships; (b) display of posters on board ships; (c) inclusion in periodicals read by seafarers of articles on the hazards of maritime employment and on occupational safety and health protection and accident pre- vention measures; and (d) special campaigns using various publicity media to instruct seafarers, including campaigns on safe working practices.

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Texto do artigo · p. 197 Health protection, medical care, welfare and social security protection

Texto do artigo · p. 197 2. In developing programmes for promoting occupational safety and health protection and prevention of accidents under Standard A4.3, each Member should have due regard to relevant codes of practice published by the International Labour Organization and the appropriate standards of international organizations.

Texto do artigo · p. 197 3. Members should have regard to the need for international cooperation in the continuous promotion of activity related to occupational safety and health protection and prevention of occupational accidents. Such cooperation might take the form of: (a) bilateral or multilateral arrangements for uniformity in occupational safety and health protection and accident prevention standards and safeguards; (b) exchange of information on particular hazards affecting seafarers and on means of promoting occupational safety and health protection and preventing accidents; (c) assistance in testing of equipment and inspection according to the national regulations of the flag State; (d) collaboration in the preparation and dissemination of occupational safety and health protection and accident prevention provisions, rules or manuals; (e) collaboration in the production and use of training aids; and (f) joint facilities for, or mutual assistance in, the training of seafarers in occupational safety and health protection, accident prevention and safe working practices. Regulation 4.4 – Access to shore-based welfare facilities Purpose: To ensure that seafarers working on board a ship have access to shore-based facilities and services to secure their health and well-being

Texto do artigo · p. 197 1. Each Member shall ensure that shore-based welfare facilities, where they exist, are easily accessible. The Member shall also promote the development of welfare facilities, such as those listed in the Code, in designated ports to provide seafarers on ships that are in its ports with access to adequate welfare facilities and services.

Texto do artigo · p. 197 2. The responsibilities of each Member with respect to shore-based facilities, such as welfare, cultural, recreational and information facilities and services, are set out in the Code. Standard A4.4 – Access to shore-based welfare facilities

Texto do artigo · p. 197 1. Each Member shall require, where welfare facilities exist on its territory, that they are available for the use of all seafarers, irrespective of nationality, race, colour, sex, religion, political opinion or social origin and irrespective of the flag State of the ship on which they are employed or engaged or work.

Texto do artigo · p. 197 2. Each Member shall promote the development of welfare facilities in appropriate ports of the country and determine, after consultation with the shipowners' and seafarers' organizations concerned, which ports are to be regarded as appropriate.

Texto do artigo · p. 197 3. Each Member shall encourage the establishment of welfare boards which shall regularly review welfare facilities and services to ensure that they are appropriate in the light of changes in the needs of seafarers resulting from technical, operational and other developments in the shipping industry.

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Texto do artigo · p. 198 Maritime Labour Convention, 2006 Guideline B4.4 – Access to shore-based welfare facilities Guideline B4.4.1 – Responsibilities of Members

Texto do artigo · p. 198 1. Each Member should: (a) take measures to ensure that adequate welfare facilities and services are provided for seafarers in designated ports of call and that adequate protection is provided to seafarers in the exercise of their profession; and (b) take into account, in the implementation of these measures, the special needs of seafarers, especially when in foreign countries and when entering war zones, in respect of their safety, health and spare-time activities.

Texto do artigo · p. 198 2. Arrangements for the supervision of welfare facilities and services should in- clude participation by representative shipowners' and seafarers' organizations concerned.

Texto do artigo · p. 198 3. Each Member should take measures designed to expedite the free circulation among ships, central supply agencies and welfare establishments of welfare materials such as films, books, newspapers and sports equipment for use by seafarers on board their ships and in welfare centres ashore.

Texto do artigo · p. 198 4. Members should cooperate with one another in promoting the welfare of seafarers at sea and in port. Such cooperation should include the following: (a) consultations among competent authorities aimed at the provision and improve- ment of seafarers' welfare facilities and services, both in port and on board ships; (b) agreements on the pooling of resources and the joint provision of welfare facil- ities in major ports so as to avoid unnecessary duplication; (c) organization of international sports competitions and encouragement of the par- ticipation of seafarers in sports activities; and (d) organization of international seminars on the subject of welfare of seafarers at sea and in port. Guideline B4.4.2 – Welfare facilities and services in ports

Texto do artigo · p. 198 1. Each Member should provide or ensure the provision of such welfare facil- ities and services as may be required, in appropriate ports of the country.

Texto do artigo · p. 198 2. Welfare facilities and services should be provided, in accordance with national conditions and practice, by one or more of the following: (a) public authorities; (b) shipowners' and seafarers' organizations concerned under collective agreements or other agreed arrangements; and (c) voluntary organizations.

Texto do artigo · p. 198 3. Necessary welfare and recreational facilities should be established or devel- oped in ports. These should include: (a) meeting and recreation rooms as required; (b) facilities for sports and outdoor facilities, including competitions; (c) educational facilities; and (d) where appropriate, facilities for religious observances and for personal counselling.

Texto do artigo · p. 198 4. These facilities may be provided by making available to seafarers in accord- ance with their needs facilities designed for more general use.

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Texto do artigo · p. 199 . Health protection, medical care, welfare and social security protection

Texto do artigo · p. 199 5. Where large numbers of seafarers of different nationalities require facilities such as hotels, clubs and sports facilities in a particular port, the competent authorities or bodies of the countries of origin of the seafarers and of the flag States, as well as the international associations concerned, should consult and cooperate with the competent authorities and bodies of the country in which the port is situated and with one another, with a view to the pooling of resources and to avoiding unnecessary duplication.

Texto do artigo · p. 199 6. Hotels or hostels suitable for seafarers should be available where there is need for them. They should provide facilities equal to those found in a good-class hotel, and should wherever possible be located in good surroundings away from the immediate vicinity of the docks. Such hotels or hostels should be properly supervised, the prices charged should be reasonable in amount and, where necessary and possible, provision should be made for accommodating seafarers’ families.

Texto do artigo · p. 199 7. These accommodation facilities should be open to all seafarers, irrespective of nationality, race, colour, sex, religion, political opinion or social origin and irrespective of the flag State of the ship on which they are employed or engaged or work. Without in any way infringing this principle, it may be necessary in certain ports to provide several types of facilities, comparable in standard but adapted to the customs and needs of different groups of seafarers.

Texto do artigo · p. 199 8. Measures should be taken to ensure that, as necessary, technically competent persons are employed full time in the operation of seafarers’ welfare facilities and services, in addition to any voluntary workers. Guideline B4.4.3 – Welfare boards

Texto do artigo · p. 199 1. Welfare boards should be established, at the port, regional and national levels, as appropriate. Their functions should include: (a) keeping under review the adequacy of existing welfare facilities and monitoring the need for the provision of additional facilities or the withdrawal of underutilized facilities; and (b) assisting and advising those responsible for providing welfare facilities and ensuring coordination between them.

Texto do artigo · p. 199 2. Welfare boards should include among their members representatives of shipowners’ and seafarers’ organizations, the competent authorities and, where appropriate, voluntary organizations and social bodies.

Texto do artigo · p. 199 3. As appropriate, consuls of maritime States and local representatives of foreign welfare organizations should, in accordance with national laws and regulations, be associated with the work of port, regional and national welfare boards. Guideline B4.4.4 – Financing of welfare facilities

Texto do artigo · p. 199 1. In accordance with national conditions and practice, financial support for port welfare facilities should be made available through one or more of the following: (a) grants from public funds; (b) levies or other special dues from shipping sources; (c) voluntary contributions from shipowners, seafarers, or their organizations; and (d) voluntary contributions from other sources.

Texto do artigo · p. 199 2. Where welfare taxes, levies and special dues are imposed, they should be used only for the purposes for which they are raised.

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Texto do artigo · p. 200 Maritime Labour Convention, 2006 Guideline B4.4.5 – Dissemination of information and facilitation measures

Texto do artigo · p. 200 1. Information should be disseminated among seafarers concerning facilities open to the general public in ports of call, particularly transport, welfare, entertain- ment and educational facilities and places of worship, as well as facilities provided spe- cifically for seafarers.

Texto do artigo · p. 200 2. Adequate means of transport at moderate prices should be available at any reasonable time in order to enable seafarers to reach urban areas from convenient locations in the port.

Texto do artigo · p. 200 3. All suitable measures should be taken by the competent authorities to make known to shipowners and to seafarers entering port any special laws and customs, the contravention of which may jeopardize their freedom.

Texto do artigo · p. 200 4. Port areas and access roads should be provided by the competent authorities with adequate lighting and signposting and regular patrols for the protection of seafarers. Guideline B4.4.6 – Seafarers in a foreign port

Texto do artigo · p. 200 1. For the protection of seafarers in foreign ports, measures should be taken to facilitate: (a) access to consuls of their State of nationality or State of residence; and (b) effective cooperation between consuls and the local or national authorities.

Texto do artigo · p. 200 2. Seafarers who are detained in a foreign port should be dealt with promptly under due process of law and with appropriate consular protection.

Texto do artigo · p. 200 3. Whenever a seafarer is detained for any reason in the territory of a Member, the competent authority should, if the seafarer so requests, immediately inform the flag State and the State of nationality of the seafarer. The competent authority should promptly inform the seafarer of the right to make such a request. The State of nation- ality of the seafarer should promptly notify the seafarer’s next of kin. The competent authority should allow consular officers of these States immediate access to the seafarer and regular visits thereafter so long as the seafarer is detained.

Texto do artigo · p. 200 4. Each Member should take measures, whenever necessary, to ensure the safety of seafarers from aggression and other unlawful acts while ships are in their terri- torial waters and especially in approaches to ports.

Texto do artigo · p. 200 5. Every effort should be made by those responsible in port and on board a ship to facilitate shore leave for seafarers as soon as possible after a ship’s arrival in port. Regulation 4.5 – Social security Purpose: To ensure that measures are taken with a view to providing seafarers with access to social security protection

Texto do artigo · p. 200 1. Each Member shall ensure that all seafarers and, to the extent provided for in its national law, their dependants have access to social security protection in ac- cordance with the Code without prejudice however to any more favourable conditions referred to in paragraph 8 of article 19 of the Constitution.

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Texto do artigo · p. 201 1 Health protection, medical care, welfare and social security protection

Texto do artigo · p. 201 2. Each Member undertakes to take steps, according to its national circum- stances, individually and through international cooperation, to achieve progressively comprehensive social security protection for seafarers.

Texto do artigo · p. 201 3. Each Member shall ensure that seafarers who are subject to its social security legislation and, to the extent provided for in its national law, their dependants, are en- titled to benefit from social security protection no less favourable than that enjoyed by shoreworkers. Standard A4.5 – Social security

Texto do artigo · p. 201 1. The branches to be considered with a view to achieving progressively com- prehensive social security protection under Regulation 4.5 are: medical care, sickness benefit, unemployment benefit, old-age benefit, employment injury benefit, family benefit, maternity benefit, invalidity benefit and survivors' benefit, complementing the protection provided for under Regulations 4.1, on medical care, and 4.2, on ship- owners' liability, and under other titles of this Convention.

Texto do artigo · p. 201 2. At the time of ratification, the protection to be provided by each Member in accordance with Regulation 4.5, paragraph 1, shall include at least three of the nine branches listed in paragraph 1 of this Standard.

Texto do artigo · p. 201 3. Each Member shall take steps according to its national circumstances to pro- vide the complementary social security protection referred to in paragraph 1 of this Standard to all seafarers ordinarily resident in its territory. This responsibility could be satisfied, for example, through appropriate bilateral or multilateral agreements or contribution-based systems. The resulting protection shall be no less favourable than that enjoyed by shoreworkers resident in their territory.

Texto do artigo · p. 201 4. Notwithstanding the attribution of responsibilities in paragraph 3 of this Standard, Members may determine, through bilateral and multilateral agreements and through provisions adopted in the framework of regional economic integration organ- izations, other rules concerning the social security legislation to which seafarers are subject.

Texto do artigo · p. 201 5. Each Member's responsibilities with respect to seafarers on ships that fly its flag shall include those provided for by Regulations 4.1 and 4.2 and the related provi- sions of the Code, as well as those that are inherent in its general obligations under international law.

Texto do artigo · p. 201 6. Each Member shall give consideration to the various ways in which compar- able benefits will, in accordance with national law and practice, be provided to sea- farers in the absence of adequate coverage in the branches referred to in paragraph 1 of this Standard.

Texto do artigo · p. 201 7. The protection under Regulation 4.5, paragraph 1, may, as appropriate, be contained in laws or regulations, in private schemes or in collective bargaining agree- ments or in a combination of these.

Texto do artigo · p. 201 8. To the extent consistent with their national law and practice, Members shall cooperate, through bilateral or multilateral agreements or other arrangements, to ensure the maintenance of social security rights, provided through contributory or non-contributory schemes, which have been acquired, or are in the course of acquisi- tion, by all seafarers regardless of residence.

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Texto do artigo · p. 203 TITLE 5. COMPLIANCE AND ENFORCEMENT

Texto do artigo · p. 203 1. The Regulations in this Title specify each Member’s responsibility to fully implement and enforce the principles and rights set out in the Articles of this Convention as well as the particular obligations provided for under its Titles 1, 2, 3 and 4.

Texto do artigo · p. 203 2. Paragraphs 3 and 4 of Article VI, which permit the implementation of Part A of the Code through substantially equivalent provisions, do not apply to Part A of the Code in this Title.

Texto do artigo · p. 203 3. In accordance with paragraph 2 of Article VI, each Member shall implement its responsibilities under the Regulations in the manner set out in the corresponding Standards of Part A of the Code, giving due consideration to the corresponding Guidelines in Part B of the Code.

Texto do artigo · p. 203 4. The provisions of this Title shall be implemented bearing in mind that seafarers and shipowners, like all other persons, are equal before the law and are entitled to the equal protection of the law and shall not be subject to discrimination in their access to courts, tribunals or other dispute resolution mechanisms. The provisions of this Title do not determine legal jurisdiction or a legal venue. Regulation 5.1 - Flag State responsibilities Purpose: To ensure that each Member implements its responsibilities under this Convention with respect to ships that fly its flag Regulation 5.1.1 - General principles

Texto do artigo · p. 203 1. Each Member is responsible for ensuring implementation of its obligations under this Convention on ships that fly its flag.

Texto do artigo · p. 203 2. Each Member shall establish an effective system for the inspection and certification of maritime labour conditions, in accordance with Regulations 5.1.3 and 5.1.4 ensuring that the working and living conditions for seafarers on ships that fly its flag meet, and continue to meet, the standards in this Convention.

Texto do artigo · p. 203 3. In establishing an effective system for the inspection and certification of maritime labour conditions, a Member may, where appropriate, authorize public institutions or other organizations (including those of another Member, if the latter agrees) which it recognizes as competent and independent to carry out inspections or to issue certificates or to do both. In all cases, the Member shall remain fully responsible for the inspection and certification of the working and living conditions of the seafarers concerned on ships that fly its flag.

Texto do artigo · p. 203 4. A maritime labour certificate, complemented by a declaration of maritime labour compliance, shall constitute prima facie evidence that the ship has been duly inspected by the Member whose flag it flies and that the requirements of this Convention

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Texto do artigo · p. 204 Maritime Labour Convention, 2006 relating to working and living conditions of the seafarers have been met to the extent so certified.

Texto do artigo · p. 204 5. Information about the system referred to in paragraph 2 of this Regulation, including the method used for assessing its effectiveness, shall be included in the Member’s reports to the International Labour Office pursuant to article 22 of the Constitution. Standard A5.1.1 – General principles

Texto do artigo · p. 204 1. Each Member shall establish clear objectives and standards covering the administration of its inspection and certification systems, as well as adequate overall procedures for its assessment of the extent to which those objectives and standards are being attained.

Texto do artigo · p. 204 2. Each Member shall require all ships that fly its flag to have a copy of this Convention available on board. Guideline B5.1.1 – General principles

Texto do artigo · p. 204 1. The competent authority should make appropriate arrangements to promote effective cooperation between public institutions and other organizations, referred to in Regulations 5.1.1 and 5.1.2, concerned with seafarers’ shipboard working and living conditions.

Texto do artigo · p. 204 2. In order to better ensure cooperation between inspectors and shipowners, seafarers and their respective organizations, and to maintain or improve seafarers’ working and living conditions, the competent authority should consult the representatives of such organizations at regular intervals as to the best means of attaining these ends. The manner of such consultation should be determined by the competent authority after consulting with shipowners’ and seafarers’ organizations. Regulation 5.1.2 – Authorization of recognized organizations

Texto do artigo · p. 204 1. The public institutions or other organizations referred to in paragraph 3 of Regulation 5.1.1 (“recognized organizations”) shall have been recognized by the competent authority as meeting the requirements in the Code regarding competency and independence. The inspection or certification functions which the recognized organizations may be authorized to carry out shall come within the scope of the activities that are expressly mentioned in the Code as being carried out by the competent authority or a recognized organization.

Texto do artigo · p. 204 2. The reports referred to in paragraph 5 of Regulation 5.1.1 shall contain information regarding any recognized organization, the extent of authorizations given and the arrangements made by the Member to ensure that the authorized activities are carried out completely and effectively. Standard A5.1.2 – Authorization of recognized organizations

Texto do artigo · p. 204 1. For the purpose of recognition in accordance with paragraph 1 of Regulation 5.1.2, the competent authority shall review the competency and independence of the organization concerned and determine whether the organization has demonstrated, to the extent necessary for carrying out the activities covered by the authorization conferred on it, that the organization:

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Texto do artigo · p. 205 Compliance and enforcement (a) has the necessary expertise in the relevant aspects of this Convention and an appropriate knowledge of ship operations, including the minimum requirements for seafarers to work on a ship, conditions of employment, accommodation, recreational facilities, food and catering, accident prevention, health protection, medical care, welfare and social security protection; (b) has the ability to maintain and update the expertise of its personnel; (c) has the necessary knowledge of the requirements of this Convention as well as of applicable national laws and regulations and relevant international instruments; and (d) is of the appropriate size, structure, experience and capability commensurate with the type and degree of authorization.

Texto do artigo · p. 205 2. Any authorizations granted with respect to inspections shall, as a minimum, empower the recognized organization to require the rectification of deficiencies that it identifies in seafarers’ working and living conditions and to carry out inspections in this regard at the request of a port State.

Texto do artigo · p. 205 3. Each Member shall establish: (a) a system to ensure the adequacy of work performed by recognized organizations, which includes information on all applicable national laws and regulations and relevant international instruments; and (b) procedures for communication with and oversight of such organizations.

Fonte textual acessível

Texto do artigo, página 163: 4. Paragraph 1 of this Guideline does not exempt young seafarers from the general obligation on all seafarers to work during any emergency as provided for in Standard A2.3, paragraph 14. Regulation 2.4 – Entitlement to leave Purpose: To ensure that seafarers have adequate leave
Texto do artigo, página 163: 1. Each Member shall require that seafarers employed on ships that fly its flag are given paid annual leave under appropriate conditions, in accordance with the provisions in the Code.
Texto do artigo, página 163: 2. Seafarers shall be granted shore leave to benefit their health and well-being and consistent with the operational requirements of their positions. Standard A2.4 – Entitlement to leave
Texto do artigo, página 163: 1. Each Member shall adopt laws and regulations determining the minimum standards for annual leave for seafarers serving on ships that fly its flag, taking proper account of the special needs of seafarers with respect to such leave.
Texto do artigo, página 163: 2. Subject to any collective agreement or laws or regulations providing for an appropriate method of calculation that takes account of the special needs of seafarers in this respect, the annual leave with pay entitlement shall be calculated on the basis of a minimum of 2.5 calendar days per month of employment. The manner in which the length of service is calculated shall be determined by the competent authority or through the appropriate machinery in each country. Justified absences from work shall not be considered as annual leave.
Texto do artigo, página 163: 3. Any agreement to forgo the minimum annual leave with pay prescribed in this Standard, except in cases provided for by the competent authority, shall be prohibited. Guideline B2.4 – Entitlement to leave Guideline B2.4.1 – Calculation of entitlement
Texto do artigo, página 163: 1. Under conditions as determined by the competent authority or through the appropriate machinery in each country, service-off articles should be counted as part of the period of service.
Texto do artigo, página 163: 2. Under conditions as determined by the competent authority or in an applicable collective agreement, absence from work to attend an approved maritime vocational training course or for such reasons as illness or injury or for maternity should be counted as part of the period of service.
Texto do artigo, página 163: 3. The level of pay during annual leave should be at the seafarer’s normal level of remuneration provided for by national laws or regulations or in the applicable seafarers’ employment agreement. For seafarers employed for periods shorter than one year or in the event of termination of the employment relationship, entitlement to leave should be calculated on a pro-rata basis.
Texto do artigo, página 163: 4. The following should not be counted as part of annual leave with pay:
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Texto do artigo, página 164: Maritime Labour Convention, 2006 (a) public and customary holidays recognized as such in the flag State, whether or not they fall during the annual leave with pay; (b) periods of incapacity for work resulting from illness or injury or from maternity, under conditions as determined by the competent authority or through the appropriate machinery in each country; (c) temporary shore leave granted to a seafarer while under an employment agree- ment; and (d) compensatory leave of any kind, under conditions as determined by the compe- tent authority or through the appropriate machinery in each country. Guideline B2.4.2 – Taking of annual leave
Texto do artigo, página 164: 1. The time at which annual leave is to be taken should, unless it is fixed by regulation, collective agreement, arbitration award or other means consistent with national practice, be determined by the shipowner after consultation and, as far as pos- sible, in agreement with the seafarers concerned or their representatives.
Texto do artigo, página 164: 2. Seafarers should in principle have the right to take annual leave in the place with which they have a substantial connection, which would normally be the same as the place to which they are entitled to be repatriated. Seafarers should not be required with- out their consent to take annual leave due to them in another place except under the pro- visions of a seafarers’ employment agreement or of national laws or regulations.
Texto do artigo, página 164: 3. If seafarers are required to take their annual leave from a place other than that permitted by paragraph 2 of this Guideline, they should be entitled to free trans- portation to the place where they were engaged or recruited, whichever is nearer their home; subsistence and other costs directly involved should be for the account of the shipowner; the travel time involved should not be deducted from the annual leave with pay due to the seafarer.
Texto do artigo, página 164: 4. A seafarer taking annual leave should be recalled only in cases of extreme emergency and with the seafarer’s consent. Guideline B2.4.3 – Division and accumulation
Texto do artigo, página 164: 1. The division of the annual leave with pay into parts, or the accumulation of such annual leave due in respect of one year together with a subsequent period of leave, may be authorized by the competent authority or through the appropriate machinery in each country.
Texto do artigo, página 164: 2. Subject to paragraph 1 of this Guideline and unless otherwise provided in an agreement applicable to the shipowner and the seafarer concerned, the annual leave with pay recommended in this Guideline should consist of an uninterrupted period. Guideline B2.4.4 – Young seafarers
Texto do artigo, página 164: 1. Special measures should be considered with respect to young seafarers under the age of 18 who have served six months or any other shorter period of time under a col- lective agreement or seafarers’ employment agreement without leave on a foreign-going ship which has not returned to their country of residence in that time, and will not return in the subsequent three months of the voyage. Such measures could consist of their re- patriation at no expense to themselves to the place of original engagement in their coun- try of residence for the purpose of taking any leave earned during the voyage.
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Texto do artigo, página 165: Conditions of employment Regulation 2.5 – Repatriation Purpose: To ensure that seafarers are able to return home
Texto do artigo, página 165: 1. Seafarers have a right to be repatriated at no cost to themselves in the circumstances and under the conditions specified in the Code.
Texto do artigo, página 165: 2. Each Member shall require ships that fly its flag to provide financial security to ensure that seafarers are duly repatriated in accordance with the Code. Standard A2.5 – Repatriation
Texto do artigo, página 165: 1. Each Member shall ensure that seafarers on ships that fly its flag are entitled to repatriation in the following circumstances: (a) if the seafarers’ employment agreement expires while they are abroad; (b) when the seafarers’ employment agreement is terminated: (i) by the shipowner; or (ii) by the seafarer for justified reasons; and also (c) when the seafarers are no longer able to carry out their duties under their employment agreement or cannot be expected to carry them out in the specific circumstances.
Texto do artigo, página 165: 2. Each Member shall ensure that there are appropriate provisions in its laws and regulations or other measures or in collective bargaining agreements, prescribing: (a) the circumstances in which seafarers are entitled to repatriation in accordance with paragraph 1(b) and (c) of this Standard; (b) the maximum duration of service periods on board following which a seafarer is entitled to repatriation – such periods to be less than 12 months; and (c) the precise entitlements to be accorded by shipowners for repatriation, including those relating to the destinations of repatriation, the mode of transport, the items of expense to be covered and other arrangements to be made by shipowners.
Texto do artigo, página 165: 3. Each Member shall prohibit shipowners from requiring that seafarers make an advance payment towards the cost of repatriation at the beginning of their employment, and also from recovering the cost of repatriation from the seafarers’ wages or other entitlements except where the seafarer has been found, in accordance with national laws or regulations or other measures or applicable collective bargaining agreements, to be in serious default of the seafarer’s employment obligations.
Texto do artigo, página 165: 4. National laws and regulations shall not prejudice any right of the shipowner to recover the cost of repatriation under third-party contractual arrangements.
Texto do artigo, página 165: 5. If a shipowner fails to make arrangements for or to meet the cost of repatriation of seafarers who are entitled to be repatriated: (a) the competent authority of the Member whose flag the ship flies shall arrange for repatriation of the seafarers concerned; if it fails to do so, the State from which the seafarers are to be repatriated or the State of which they are a national may arrange for their repatriation and recover the cost from the Member whose flag the ship flies; (b) costs incurred in repatriating seafarers shall be recoverable from the shipowner by the Member whose flag the ship flies; (c) the expenses of repatriation shall in no case be a charge upon the seafarers, except as provided for in paragraph 3 of this Standard.
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Texto do artigo, página 166: Maritime Labour Convention, 2006
Texto do artigo, página 166: 6. Taking into account applicable international instruments, including the Inter- national Convention on Arrest of Ships, 1999, a Member which has paid the cost of re- patriation pursuant to this Code may detain, or request the detention of, the ships of the shipowner concerned until the reimbursement has been made in accordance with paragraph 5 of this Standard.
Texto do artigo, página 166: 7. Each Member shall facilitate the repatriation of seafarers serving on ships which call at its ports or pass through its territorial or internal waters, as well as their replacement on board.
Texto do artigo, página 166: 8. In particular, a Member shall not refuse the right of repatriation to any sea- farer because of the financial circumstances of a shipowner or because of the ship- owner's inability or unwillingness to replace a seafarer.
Texto do artigo, página 166: 9. Each Member shall require that ships that fly its flag carry and make avail- able to seafarers a copy of the applicable national provisions regarding repatriation written in an appropriate language. Guideline B2.5 – Repatriation Guideline B2.5.1 – Entitlement
Texto do artigo, página 166: 1. Seafarers should be entitled to repatriation: (a) in the case covered by Standard A2.5, paragraph 1(a), upon the expiry of the period of notice given in accordance with the provisions of the seafarers’ employ- ment agreement; (b) in the cases covered by Standard A2.5, paragraph 1(b) and (c): (i) in the event of illness or injury or other medical condition which requires their repatriation when found medically fit to travel; (ii) in the event of shipwreck; (iii) in the event of the shipowner not being able to continue to fulfil their legal or contractual obligations as an employer of the seafarers by reason of in- solvency, sale of ship, change of ship’s registration or any other similar reason; (iv) in the event of a ship being bound for a war zone, as defined by national laws or regulations or seafarers’ employment agreements, to which the sea- farer does not consent to go; and (v) in the event of termination or interruption of employment in accordance with an industrial award or collective agreement, or termination of employ- ment for any other similar reason.
Texto do artigo, página 166: 2. In determining the maximum duration of service periods on board following which a seafarer is entitled to repatriation, in accordance with this Code, account should be taken of factors affecting the seafarers’ working environment. Each Member should seek, wherever possible, to reduce these periods in the light of technological changes and developments and might be guided by any recommendations made on the matter by the Joint Maritime Commission.
Texto do artigo, página 166: 3. The costs to be borne by the shipowner for repatriation under Standard A2.5 should include at least the following: (a) passage to the destination selected for repatriation in accordance with para- graph 6 of this Guideline;
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Texto do artigo, página 167: Conditions of employment (b) accommodation and food from the moment the seafarers leave the ship until they reach the repatriation destination; (c) pay and allowances from the moment the seafarers leave the ship until they reach the repatriation destination, if provided for by national laws or regulations or collective agreements; (d) transportation of 30 kg of the seafarers’ personal luggage to the repatriation destination; and (e) medical treatment when necessary until the seafarers are medically fit to travel to the repatriation destination.
Texto do artigo, página 167: 4. Time spent awaiting repatriation and repatriation travel time should not be deducted from paid leave accrued to the seafarers.
Texto do artigo, página 167: 5. Shipowners should be required to continue to cover the costs of repatriation until the seafarers concerned are landed at a destination prescribed pursuant to this Code or are provided with suitable employment on board a ship proceeding to one of those destinations.
Texto do artigo, página 167: 6. Each Member should require that shipowners take responsibility for repatriation arrangements by appropriate and expeditious means. The normal mode of transport should be by air. The Member should prescribe the destinations to which seafarers may be repatriated. The destinations should include the countries with which seafarers may be deemed to have a substantial connection including: (a) the place at which the seafarer agreed to enter into the engagement; (b) the place stipulated by collective agreement; (c) the seafarer’s country of residence; or (d) such other place as may be mutually agreed at the time of engagement.
Texto do artigo, página 167: 7. Seafarers should have the right to choose from among the prescribed destinations the place to which they are to be repatriated.
Texto do artigo, página 167: 8. The entitlement to repatriation may lapse if the seafarers concerned do not claim it within a reasonable period of time to be defined by national laws or regulations or collective agreements. Guideline B2.5.2 – Implementation by Members
Texto do artigo, página 167: 1. Every possible practical assistance should be given to a seafarer stranded in a foreign port pending repatriation and in the event of delay in the repatriation of the seafarer, the competent authority in the foreign port should ensure that the consular or local representative of the flag State and the seafarer’s State of nationality or State of residence, as appropriate, is informed immediately.
Texto do artigo, página 167: 2. Each Member should have regard to whether proper provision is made: (a) for the return of seafarers employed on a ship that flies the flag of a foreign country who are put ashore in a foreign port for reasons for which they are not responsible: (i) to the port at which the seafarer concerned was engaged; or (ii) to a port in the seafarer’s State of nationality or State of residence, as appropriate; or (iii) to another port agreed upon between the seafarer and the master or shipowner, with the approval of the competent authority or under other appropriate safeguards;
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Texto do artigo, página 168: Maritime Labour Convention, 2006 (b) for medical care and maintenance of seafarers employed on a ship that flies the flag of a foreign country who are put ashore in a foreign port in consequence of sickness or injury incurred in the service of the ship and not due to their own wil- ful misconduct.
Texto do artigo, página 168: 3. If, after young seafarers under the age of 18 have served on a ship for at least four months during their first foreign-going voyage, it becomes apparent that they are unsuited to life at sea, they should be given the opportunity of being repatriated at no expense to themselves from the first suitable port of call in which there are consular services of the flag State, or the State of nationality or residence of the young seafarer. Notification of any such repatriation, with the reasons therefor, should be given to the authority which issued the papers enabling the young seafarers concerned to take up seagoing employment. Regulation 2.6 – Seafarer compensation for the ship’s loss or foundering Purpose: To ensure that seafarers are compensated when a ship is lost or has foundered
Texto do artigo, página 168: 1. Seafarers are entitled to adequate compensation in the case of injury, loss or unemployment arising from the ship’s loss or foundering. Standard A2.6 – Seafarer compensation for the ship’s loss or foundering
Texto do artigo, página 168: 1. Each Member shall make rules ensuring that, in every case of loss or foundering of any ship, the shipowner shall pay to each seafarer on board an indemnity against unemployment resulting from such loss or foundering.
Texto do artigo, página 168: 2. The rules referred to in paragraph 1 of this Standard shall be without prejudice to any other rights a seafarer may have under the national law of the Member con- cerned for losses or injuries arising from a ship’s loss or foundering. Guideline B2.6 – Seafarer compensation for the ship’s loss or foundering Guideline B2.6.1 – Calculation of indemnity against unemployment
Texto do artigo, página 168: 1. The indemnity against unemployment resulting from a ship’s foundering or loss should be paid for the days during which the seafarer remains in fact unemployed at the same rate as the wages payable under the employment agreement, but the total indemnity payable to any one seafarer may be limited to two months’ wages.
Texto do artigo, página 168: 2. Each Member should ensure that seafarers have the same legal remedies for recovering such indemnities as they have for recovering arrears of wages earned during the service. Regulation 2.7 – Manning levels Purpose: To ensure that seafarers work on board ships with sufficient personnel for the safe, efficient and secure operation of the ship
Texto do artigo, página 168: 1. Each Member shall require that all ships that fly its flag have a sufficient number of seafarers employed on board to ensure that ships are operated safely, effi-
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Texto do artigo, página 169: Conditions of employment ciently and with due regard to security under all conditions, taking into account con- cerns about seafarer fatigue and the particular nature and conditions of the voyage. Standard A2.7 – Manning levels
Texto do artigo, página 169: 1. Each Member shall require that all ships that fly its flag have a sufficient number of seafarers on board to ensure that ships are operated safely, efficiently and with due regard to security. Every ship shall be manned by a crew that is adequate, in terms of size and qualifications, to ensure the safety and security of the ship and its personnel, under all operating conditions, in accordance with the minimum safe manning document or an equivalent issued by the competent authority, and to comply with the standards of this Convention.
Texto do artigo, página 169: 2. When determining, approving or revising manning levels, the competent authority shall take into account the need to avoid or minimize excessive hours of work to ensure sufficient rest and to limit fatigue, as well as the principles in applicable international instruments, especially those of the International Maritime Organiza- tion, on manning levels.
Texto do artigo, página 169: 3. When determining manning levels, the competent authority shall take into account all the requirements within Regulation 3.2 and Standard A3.2 concerning food and catering. Guideline B2.7 – Manning levels Guideline B2.7.1 – Dispute settlement
Texto do artigo, página 169: 1. Each Member should maintain, or satisfy itself that there is maintained, efficient machinery for the investigation and settlement of complaints or disputes concerning the manning levels on a ship.
Texto do artigo, página 169: 2. Representatives of shipowners’ and seafarers’ organizations should participate, with or without other persons or authorities, in the operation of such machinery. Regulation 2.8 – Career and skill development and opportunities for seafarers’ employment Purpose: To promote career and skill development and employment opportunities for seafarers
Texto do artigo, página 169: 1. Each Member shall have national policies to promote employment in the maritime sector and to encourage career and skill development and greater employ- ment opportunities for seafarers domiciled in its territory. Standard A2.8 – Career and skill development and employment opportunities for seafarers
Texto do artigo, página 169: 1. Each Member shall have national policies that encourage career and skill de- velopment and employment opportunities for seafarers, in order to provide the mari- time sector with a stable and competent workforce.
Texto do artigo, página 169: 2. The aim of the policies referred to in paragraph 1 of this Standard shall be to help seafarers strengthen their competencies, qualifications and employment opportunities.
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Texto do artigo, página 170: Maritime Labour Convention, 2006
Texto do artigo, página 170: 3. Each Member shall, after consulting the shipowners’ and seafarers’ organizations concerned, establish clear objectives for the vocational guidance, education and training of seafarers whose duties on board ship primarily relate to the safe operation and navigation of the ship, including ongoing training. Guideline B2.8 – Career and skill development and employment opportunities for seafarers Guideline B2.8.1 – Measures to promote career and skill development and employment opportunities for seafarers
Texto do artigo, página 170: 1. Measures to achieve the objectives set out in Standard A2.8 might include: (a) agreements providing for career development and skills training with a ship- owner or an organization of shipowners; or (b) arrangements for promoting employment through the establishment and mainten- ance of registers or lists, by categories, of qualified seafarers; or (c) promotion of opportunities, both on board and ashore, for further training and education of seafarers to provide for skill development and portable competen- cies in order to secure and retain decent work, to improve individual employment prospects and to meet the changing technology and labour market conditions of the maritime industry. Guideline B2.8.2 – Register of seafarers
Texto do artigo, página 170: 1. Where registers or lists govern the employment of seafarers, these registers or lists should include all occupational categories of seafarers in a manner determined by national law or practice or by collective agreement.
Texto do artigo, página 170: 2. Seafarers on such a register or list should have priority of engagement for seafaring.
Texto do artigo, página 170: 3. Seafarers on such a register or list should be required to be available for work in a manner to be determined by national law or practice or by collective agreement.
Texto do artigo, página 170: 4. To the extent that national laws or regulations permit, the number of sea- farers on such registers or lists should be periodically reviewed so as to achieve levels adapted to the needs of the maritime industry.
Texto do artigo, página 170: 5. When a reduction in the number of seafarers on such a register or list becomes necessary, all appropriate measures should be taken to prevent or minimize detrimental effects on seafarers, account being taken of the economic and social situa- tion of the country concerned.
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Texto do artigo, página 171: TITLE 3. ACCOMMODATION, RECREATIONAL FACILITIES, FOOD AND CATERING Regulation 3.1 – Accommodation and recreational facilities Purpose: To ensure that seafarers have decent accommodation and recreational facilities on board
Texto do artigo, página 171: 1. Each Member shall ensure that ships that fly its flag provide and maintain decent accommodations and recreational facilities for seafarers working or living on board, or both, consistent with promoting the seafarers’ health and well-being.
Texto do artigo, página 171: 2. The requirements in the Code implementing this Regulation which relate to ship construction and equipment apply only to ships constructed on or after the date when this Convention comes into force for the Member concerned. For ships constructed before that date, the requirements relating to ship construction and equipment that are set out in the Accommodation of Crews Convention (Revised), 1949 (No. 92), and the Accommodation of Crews (Supplementary Provisions) Convention, 1970 (No. 133), shall continue to apply to the extent that they were applicable, prior to that date, under the law or practice of the Member concerned. A ship shall be deemed to have been constructed on the date when its keel is laid or when it is at a similar stage of construction.
Texto do artigo, página 171: 3. Unless expressly provided otherwise, any requirement under an amendment to the Code relating to the provision of seafarer accommodation and recreational facilities shall apply only to ships constructed on or after the amendment takes effect for the Member concerned. Standard A3.1 – Accommodation and recreational facilities
Texto do artigo, página 171: 1. Each Member shall adopt laws and regulations requiring that ships that fly its flag: (a) meet minimum standards to ensure that any accommodation for seafarers, working or living on board, or both, is safe, decent and in accordance with the relevant provisions of this Standard; and (b) are inspected to ensure initial and ongoing compliance with those standards.
Texto do artigo, página 171: 2. In developing and applying the laws and regulations to implement this Standard, the competent authority, after consulting the shipowners’ and seafarers’ organizations concerned, shall: (a) take into account Regulation 4.3 and the associated Code provisions on health and safety protection and accident prevention, in light of the specific needs of seafarers that both live and work on board ship, and (b) give due consideration to the guidance contained in Part B of this Code.
Texto do artigo, página 171: 3. The inspections required under Regulation 5.1.4 shall be carried out when: (a) a ship is registered or re-registered; or (b) the seafarer accommodation on a ship has been substantially altered.
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Texto do artigo, página 172: Maritime Labour Convention, 2006
Texto do artigo, página 172: 4. The competent authority shall pay particular attention to ensuring imple- mentation of the requirements of this Convention relating to: (a) the size of rooms and other accommodation spaces; (b) heating and ventilation; (c) noise and vibration and other ambient factors; (d) sanitary facilities; (e) lighting; and (f) hospital accommodation.
Texto do artigo, página 172: 5. The competent authority of each Member shall require that ships that fly its flag meet the minimum standards for on-board accommodation and recreational facil- ities that are set out in paragraphs 6 to 17 of this Standard.
Texto do artigo, página 172: 6. With respect to general requirements for accommoda- tion: (a) there shall be adequate headroom in all seafarer accommodation; the minimum permitted headroom in all seafarer accommodation where full and free move- ment is necessary shall be not less than 203 centimetres; the competent authority may permit some limited reduction in headroom in any space, or part of any space, in such accommodation where it is satisfied that such reduction: (i) is reasonable; and (ii) will not result in discomfort to the seafarers; (b) the accommodation shall be adequately insulated; (c) in ships other than passenger ships, as defined in Regulation 2(e) and (f) of the International Convention for the Safety of Life at Sea, 1974, as amended (the “SOLAS Convention”), sleeping rooms shall be situated above the load line amidships or aft, except that in exceptional cases, where the size, type or intended service of the ship renders any other location impracticable, sleeping rooms may be located in the fore part of the ship, but in no case forward of the collision bulk- head; (d) in passenger ships, and in special ships constructed in compliance with the IMO Code of Safety for Special Purpose Ships, 1983, and subsequent versions (herein- after called “special purpose ships”), the competent authority may, on condition that satisfactory arrangements are made for lighting and ventilation, permit the location of sleeping rooms below the load line, but in no case shall they be located immediately beneath working alleyways; (e) there shall be no direct openings into sleeping rooms from cargo and machi- nery spaces or from galleys, storerooms, drying rooms or communal sanitary areas; that part of a bulkhead separating such places from sleeping rooms and external bulkheads shall be efficiently constructed of steel or other approved substance and be watertight and gas-tight; (f) the materials used to construct internal bulkheads, panelling and sheeting, floors and joinings shall be suitable for the purpose and conduc- tive to ensuring a healthy environment; (g) proper lighting and sufficient drainage shall be provided; and (h) accommodation and recreational and catering facilities shall meet the require- ments in Regulation 4.3, and the related provisions in the Code, on health and safety protection and accident prevention, with respect to preventing the risk of exposure to hazardous levels of noise and vibration and other ambient factors
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Texto do artigo, página 173: Accommodation, recreational facilities, food and catering and chemicals on board ships, and to provide an acceptable occupational and on- board living environment for seafarers.
Texto do artigo, página 173: 7. With respect to requirements for ventilation and heating: (a) sleeping rooms and mess rooms shall be adequately ventilated; (b) ships, except those regularly engaged in trade where temperate climatic con- ditions do not require this, shall be equipped with air conditioning for seafarer accommodation, for any separate radio room and for any centralized machinery control room; (c) all sanitary spaces shall have ventilation to the open air, independently of any other part of the accommodation; and (d) adequate heat through an appropriate heating system shall be provided, except in ships exclusively on voyages in tropical climates.
Texto do artigo, página 173: 8. With respect to requirements for lighting, subject to such special arrange- ments as may be permitted in passenger ships, sleeping rooms and mess rooms shall be lit by natural light and provided with adequate artificial light .
Texto do artigo, página 173: 9. When sleeping accommodation on board ships is required, the following re- quirements for sleeping rooms apply: (a) in ships other than passenger ships, an individual sleeping room shall be provided for each seafarer; in the case of ships of less than 3,000 gross tonnage or special purpose ships, exemptions from this requirement may be granted by the compe- tent authority after consultation with the shipowners’ and seafarers’ organiza- tions concerned; (b) separate sleeping rooms shall be provided for men and for women; (c) sleeping rooms shall be of adequate size and properly equipped so as to ensure reasonable comfort and to facilitate tidiness; (d) a separate berth for each seafarer shall in all circumstances be provided; (e) the minimum inside dimensions of a berth shall be at least 198 centimetres by 80 centimetres; (f) in single berth seafarers’ sleeping rooms the floor area shall not be less than: (i) 4.5 square metres in ships of less than 3,000 gross tonnage; (ii) 5.5 square metres in ships of 3,000 gross tonnage or over but less than 10,000 gross tonnage; (iii) 7 square metres in ships of 10,000 gross tonnage or over; (g) however, in order to provide single berth sleeping rooms on ships of less than 3,000 gross tonnage, passenger ships and special purpose ships, the competent authority may allow a reduced floor area; (h) in ships of less than 3,000 gross tonnage other than passenger ships and special purpose ships, sleeping rooms may be occupied by a maximum of two seafarers; the floor area of such sleeping rooms shall not be less than 7 square metres; (i) on passenger ships and special purpose ships the floor area of sleeping rooms for seafarers not performing the duties of ships’ officers shall not be less than: (i) 7.5 square metres in rooms accommodating two persons; (ii) 11.5 square metres in rooms accommodating three persons; (iii) 14.5 square metres in rooms accommodating four persons;
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Texto do artigo, página 174: Maritime Labour Convention, 2006 (j) on special purpose ships sleeping rooms may accommodate more than four persons; the floor area of such sleeping rooms shall not be less than 3.6 square metres per person; (k) on ships other than passenger ships and special purpose ships, sleeping rooms for seafarers who perform the duties of ships’ officers, where no private sitting room or day room is provided, the floor area per person shall not be less than: (i) 7.5 square metres in ships of less than 3,000 gross tonnage; (ii) 8.5 square metres in ships of 3,000 gross tonnage or over but less than 10,000 gross tonnage; (iii) 10 square metres in ships of 10,000 gross tonnage or over; (l) on passenger ships and special purpose ships the floor area for seafarers performing the duties of ships’ officers where no private sitting room or day room is provided, the floor area per person for junior officers shall not be less than 7.5 square metres and for senior officers not less than 8.5 square metres; junior officers are understood to be at the operational level, and senior officers at the management level; (m) the master, the chief engineer and the chief navigating officer shall have, in addition to their sleeping rooms, an adjoining sitting room, day room or equivalent additional space; ships of less than 3,000 gross tonnage may be exempted by the competent authority from this requirement after consultation with the shipowners’ and seafarers’ organizations concerned; (n) for each occupant, the furniture shall include a clothes locker of ample space (minimum 475 litres) and a drawer or equivalent space of not less than 56 litres; if the drawer is incorporated in the clothes locker then the combined minimum volume of the clothes locker shall be 500 litres; it shall be fitted with a shelf and be able to be locked by the occupant so as to ensure privacy; (o) each sleeping room shall be provided with a table or desk, which may be of the fixed, drop-leaf or slide-out type, and with comfortable seating accommodation as necessary.
Texto do artigo, página 174: 10. With respect to requirements for mess rooms: (a) mess rooms shall be located apart from the sleeping rooms and as close as practicable to the galley; ships of less than 3,000 gross tonnage may be exempted by the competent authority from this requirement after consultation with the shipowners’ and seafarers’ organizations concerned; and (b) mess rooms shall be of adequate size and comfort and properly furnished and equipped (including ongoing facilities for refreshment), taking account of the number of seafarers likely to use them at any one time; provision shall be made for separate or common mess room facilities as appropriate.
Texto do artigo, página 174: 11. With respect to requirements for sanitary facilities: (a) all seafarers shall have convenient access on the ship to sanitary facilities meeting minimum standards of health and hygiene and reasonable standards of comfort, with separate sanitary facilities being provided for men and for women; (b) there shall be sanitary facilities within easy access of the navigating bridge and the machinery space or near the engine room control centre; ships of less than 3,000 gross tonnage may be exempted by the competent authority from this requirement after consultation with the shipowners’ and seafarers’ organizations concerned;
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Texto do artigo, página 175: Accommodation, recreational facilities, food and catering (c) in all ships a minimum of one toilet, one wash basin and one tub or shower or both for every six persons or less who do not have personal facilities shall be pro- vided at a convenient location; (d) with the exception of passenger ships, each sleeping room shall be provided with a washbasin having hot and cold running fresh water, except where such a wash- basin is situated in the private bathroom provided; (e) in passenger ships normally engaged on voyages of not more than four hours' duration, consideration may be given by the competent authority to special arrangements or to a reduction in the number of facilities required; and (f) hot and cold running fresh water shall be available in all wash places.
Texto do artigo, página 175: 12. With respect to requirements for hospital accommodation, ships carrying 15 or more seafarers and engaged in a voyage of more than three days' duration shall pro- vide separate hospital accommodation to be used exclusively for medical purposes; the competent authority may relax this requirement for ships engaged in coastal trade; in approving on-board hospital accommodation, the competent authority shall ensure that the accommodation will, in all weathers, be easy of access, provide comfortable housing for the occupants and be conducive to their receiving prompt and proper attention.
Texto do artigo, página 175: 13. Appropriately situated and furnished laundry facilities shall be available.
Texto do artigo, página 175: 14. All ships shall have a space or spaces on open deck to which the seafarers can have access when off duty, which are of adequate area having regard to the size of the ship and the number of seafarers on board.
Texto do artigo, página 175: 15. All ships shall be provided with separate offices or a common ship's office for use by deck and engine departments; ships of less than 3,000 gross tonnage may be exempted by the competent authority from this requirement after consultation with the shipowners' and seafarers' organizations concerned.
Texto do artigo, página 175: 16. Ships regularly trading to mosquito-infested ports shall be fitted with appro- priate devices as required by the competent authority.
Texto do artigo, página 175: 17. Appropriate seafarers' recreational facilities, amenities and services, as adapted to meet the special needs of seafarers who must live and work on ships, shall be provided on board for the benefit of all seafarers, taking into account Regulation 4.3 and the associated Code provisions on health and safety protection and accident prevention.
Texto do artigo, página 175: 18. The competent authority shall require frequent inspections to be carried out on board ships, by or under the authority of the master, to ensure that seafarer ac- commodation is clean, decently habitable and maintained in a good state of repair. The results of each such inspection shall be recorded and be available for review.
Texto do artigo, página 175: 19. In the case of ships where there is need to take account, without discrimin- ation, of the interests of seafarers having differing and distinctive religious and social practices, the competent authority may, after consultation with the shipowners' and seafarers' organizations concerned, permit fairly applied variations in respect of this Standard on condition that such variations do not result in overall facilities less favour- able than those which would result from the application of this Standard.
Texto do artigo, página 175: 20. Each Member may, after consultation with the shipowners' and seafarers' organizations concerned, exempt ships of less than 200 gross tonnage where it is reasonable to do so, taking account of the size of the ship and the number of persons on board in relation to the requirements of the following provisions of this Standard:
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Texto do artigo, página 176: Maritime Labour Convention, 2006 (a) paragraphs 7(b), 11(d) and 13; and (b) paragraph 9(f) and (h) to (l) inclusive, with respect to floor area only.
Texto do artigo, página 176: 21. Any exemptions with respect to the requirements of this Standard may be made only where they are expressly permitted in this Standard and only for particular circumstances in which such exemptions can be clearly justified on strong grounds and subject to protecting the seafarers’ health and safety. Guideline B3.1 — Accommodation and recreational facilities Guideline B3.1.1 — Design and construction
Texto do artigo, página 176: 1. External bulkheads of sleeping rooms and mess rooms should be adequately insulated. All machinery casings and all boundary bulkheads of galleys and other spaces in which heat is produced should be adequately insulated where there is a possibility of resulting heat effects in adjoining accommodation or passageways. Measures should also be taken to provide protection from heat effects of steam or hot-water service pipes or both.
Texto do artigo, página 176: 2. Sleeping rooms, mess rooms, recreation rooms and alleyways in the accommodation space should be adequately insulated to prevent condensation or overheating.
Texto do artigo, página 176: 3. The bulkhead surfaces and deckheads should be of material with a surface easily kept clean. No form of construction likely to harbour vermin should be used.
Texto do artigo, página 176: 4. The bulkhead surfaces and deckheads in sleeping rooms and mess rooms should be capable of being easily kept clean and light in colour with a durable, non- toxic finish.
Texto do artigo, página 176: 5. The decks in all seafarer accommodation should be of approved material and construction and should provide a non-slip surface impervious to damp and easily kept clean.
Texto do artigo, página 176: 6. Where the floorings are made of composite materials, the joints with the sides should be profiled to avoid crevices. Guideline B3.1.2 — Ventilation
Texto do artigo, página 176: 1. The system of ventilation for sleeping rooms and mess rooms should be controlled so as to maintain the air in a satisfactory condition and to ensure a sufficiency of air movement in all conditions of weather and climate.
Texto do artigo, página 176: 2. Air-conditioning systems, whether of a centralized or individual unit type, should be designed to: (a) maintain the air at a satisfactory temperature and relative humidity as compared to outside air conditions, ensure a sufficiency of air changes in all air-conditioned spaces, take account of the particular characteristics of operations at sea and not produce excessive noises or vibrations; and (b) facilitate easy cleaning and disinfection to prevent or control the spread of disease.
Texto do artigo, página 176: 3. Power for the operation of the air conditioning and other aids to ventilation required by the preceeding paragraphs of this Guideline should be available at all times
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Texto do artigo, página 177: Accommodation, recreational facilities, food and catering when seafarers are living or working on board and conditions so require. However, this power need not be provided from an emergency source. Guideline B3.1.3 – Heating
Texto do artigo, página 177: 1. The system of heating the seafarer accommodation should be in operation at all times when seafarers are living or working on board and conditions require its use.
Texto do artigo, página 177: 2. In all ships in which a heating system is required, the heating should be by means of hot water, warm air, electricity, steam or equivalent. However, within the ac- commodation area, steam should not be used as a medium for heat transmission. The heating system should be capable of maintaining the temperature in seafarer accom- modation at a satisfactory level under normal conditions of weather and climate likely to be met within the trade in which the ship is engaged. The competent authority should prescribe the standard to be provided.
Texto do artigo, página 177: 3. Radiators and other heating apparatus should be placed and, where neces- sary, shielded so as to avoid risk of fire or danger or discomfort to the occupants. Guideline B3.1.4 – Lighting
Texto do artigo, página 177: 1. In all ships, electric light should be provided in the seafarer accommodation. If there are not two independent sources of electricity for lighting, additional lighting should be provided by properly constructed lamps or lighting apparatus for emergency use.
Texto do artigo, página 177: 2. In sleeping rooms an electric reading lamp should be installed at the head of each berth.
Texto do artigo, página 177: 3. Suitable standards of natural and artificial lighting should be fixed by the competent authority. Guideline B3.1.5 – Sleeping rooms
Texto do artigo, página 177: 1. There should be adequate berth arrangements on board, making it as com- fortable as possible for the seafarer and any partner who may accompany the seafarer.
Texto do artigo, página 177: 2. Where the size of the ship, the activity in which it is to be engaged and its lay- out make it reasonable and practicable, sleeping rooms should be planned and equipped with a private bathroom, including a toilet, so as to provide reasonable com- fort for the occupants and to facilitate tidiness.
Texto do artigo, página 177: 3. As far as practicable, sleeping rooms of seafarers should be so arranged that watches are separated and that no seafarers working during the day share a room with watchkeepers.
Texto do artigo, página 177: 4. In the case of seafarers performing the duty of petty officers there should be no more than two persons per sleeping room.
Texto do artigo, página 177: 5. Consideration should be given to extending the facility referred to in Stand- ard A3.1, paragraph 9(m), to the second engineer officer when practicable.
Texto do artigo, página 177: 6. Space occupied by berths and lockers, chests of drawers and seats should be included in the measurement of the floor area. Small or irregularly shaped spaces which do not add effectively to the space available for free movement and cannot be used for installing furniture should be excluded.
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Texto do artigo, página 178: Maritime Labour Convention, 2006
Texto do artigo, página 178: 7. Berths should not be arranged in tiers of more than two; in the case of berths placed along the ship’s side, there should be only a single tier where a sidelight is situ- ated above a berth.
Texto do artigo, página 178: 8. The lower berth in a double tier should be not less than 30 centimetres above the floor; the upper berth should be placed approximately midway between the bottom of the lower berth and the lower side of the deckhead beams.
Texto do artigo, página 178: 9. The framework and the lee-board, if any, of a berth should be of approved material, hard, smooth, and not likely to corrode or to harbour vermin.
Texto do artigo, página 178: 10. If tubular frames are used for the construction of berths, they should be completely sealed and without perforations which would give access to vermin.
Texto do artigo, página 178: 11. Each berth should be fitted with a comfortable mattress with cushioning bottom or a combined cushioning mattress, including a spring bottom or a spring mat- tress. The mattress and cushioning material used should be made of approved material. Stuffing of material likely to harbour vermin should not be used.
Texto do artigo, página 178: 12. When one berth is placed over another, a dust-proof bottom should be fit- ted beneath the bottom mattress or spring bottom of the upper berth.
Texto do artigo, página 178: 13. The furniture should be of smooth, hard material not liable to warp or corrode.
Texto do artigo, página 178: 14. Sleeping rooms should be fitted with curtains or equivalent for the side- lights.
Texto do artigo, página 178: 15. Sleeping rooms should be fitted with a mirror, small cabinets for toilet requisites, a book rack and a sufficient number of coat hooks. Guideline B3.1.6 – Mess rooms
Texto do artigo, página 178: 1. Mess room facilities may be either common or separate. The decision in this respect should be taken after consultation with seafarers’ and shipowners’ represent- atives and subject to the approval of the competent authority. Account should be taken of factors such as the size of the ship and the distinctive cultural, religious and social needs of the seafarers.
Texto do artigo, página 178: 2. Where separate mess room facilities are to be provided to seafarers, then sep- arate mess rooms should be provided for: (a) master and officers; and (b) petty officers and other seafarers.
Texto do artigo, página 178: 3. On ships other than passenger ships, the floor area of mess rooms for sea- farers should be not less than 1.5 square metres per person of the planned seating capacity.
Texto do artigo, página 178: 4. In all ships, mess rooms should be equipped with tables and appropriate seats, fixed or movable, sufficient to accommodate the greatest number of seafarers likely to use them at any one time.
Texto do artigo, página 178: 5. There should be available at all times when seafarers are on board: (a) a refrigerator, which should be conveniently situated and of sufficient capacity for the number of persons using the mess room or mess rooms;
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Texto do artigo, página 179: Accommodation, recreational facilities, food and catering (b) facilities for hot beverages; and (c) cool water facilities.
Texto do artigo, página 179: 6. Where available pantries are not accessible to mess rooms, adequate lockers for mess utensils and proper facilities for washing utensils should be provided.
Texto do artigo, página 179: 7. The tops of tables and seats should be of damp-resistant material. Guideline B3.1.7 – Sanitary accommodation
Texto do artigo, página 179: 1. Washbasins and tub baths should be of adequate size and constructed of approved material with a smooth surface not liable to crack, flake or corrode.
Texto do artigo, página 179: 2. All toilets should be of an approved pattern and provided with an ample flush of water or with some other suitable flushing means, such as air, which are available at all times and independently controllable.
Texto do artigo, página 179: 3. Sanitary accommodation intended for the use of more than one person should comply with the following: (a) floors should be of approved material, impervious to damp, and should be properly drained; (b) bulkheads should be of steel or other approved material and should be watertight up to at least 23 centimetres above the level of the deck; (c) the accommodation should be sufficiently lit, heated and ventilated; (d) toilets should be situated convenient to, but separate from, sleeping rooms and wash rooms, without direct access from the sleeping rooms or from a passage between sleeping rooms and toilets to which there is no other access; this requirement does not apply where a toilet is located in a compartment between two sleeping rooms having a total of not more than four seafarers; and (e) where there is more than one toilet in a compartment, they should be sufficiently screened to ensure privacy.
Texto do artigo, página 179: 4. The laundry facilities provided for seafarers’ use should include: (a) washing machines; (b) drying machines or adequately heated and ventilated drying rooms; and (c) irons and ironing boards or their equivalent. Guideline B3.1.8 – Hospital accommodation
Texto do artigo, página 179: 1. The hospital accommodation should be designed so as to facilitate consultation and the giving of medical first aid and to help prevent the spread of infectious diseases.
Texto do artigo, página 179: 2. The arrangement of the entrance, berths, lighting, ventilation, heating and water supply should be designed to ensure the comfort and facilitate the treatment of the occupants.
Texto do artigo, página 179: 3. The number of hospital berths required should be prescribed by the competent authority.
Texto do artigo, página 179: 4. Sanitary accommodation should be provided for the exclusive use of the occupants of the hospital accommodation, either as part of the accommodation or in close proximity thereto. Such sanitary accommodation should comprise a minimum of one toilet, one washbasin and one tub or shower.
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Texto do artigo, página 180: Maritime Labour Convention, 2006 Guideline B3.1.9 – Other facilities
Texto do artigo, página 180: 1. Where separate facilities for engine department personnel to change their clothes are provided, they should be: (a) located outside the machinery space but with easy access to it; and (b) fitted with individual clothes lockers as well as with tubs or showers or both and washbasins having hot and cold running fresh water. Guideline B3.1.10 – Bedding, mess utensils and miscellaneous provisions
Texto do artigo, página 180: 1. Each Member should consider applying the following principles: (a) clean bedding and mess utensils should be supplied by the shipowner to all sea- farers for use on board during service on the ship, and such seafarers should be responsible for their return at times specified by the master and on completion of service in the ship; (b) bedding should be of good quality, and plates, cups and other mess utensils should be of approved material which can be easily cleaned; and (c) towels, soap and toilet paper for all seafarers should be provided by the shipowner. Guideline B3.1.11 – Recreational facilities, mail and ship visit arrangements
Texto do artigo, página 180: 1. Recreational facilities and services should be reviewed frequently to ensure that they are appropriate in the light of changes in the needs of seafarers resulting from technical, operational and other developments in the shipping industry.
Texto do artigo, página 180: 2. Furnishings for recreational facilities should as a minimum include a book- case and facilities for reading, writing and, where practicable, games.
Texto do artigo, página 180: 3. In connection with the planning of recreational facilities, the competent author- ity should give consideration to the provision of a canteen.
Texto do artigo, página 180: 4. Consideration should also be given to including the following facilities at no cost to the seafarer, where practicable: (a) a smoking room; (b) television viewing and the reception of radio broadcasts; (c) showing of films, the stock of which should be adequate for the duration of the voyage and, where necessary, changed at reasonable intervals; (d) sports equipment including exercise equipment, table games and deck games; (e) where possible, facilities for swimming; (f) a library containing vocational and other books, the stock of which should be adequate for the duration of the voyage and changed at reasonable intervals; (g) facilities for recreational handicrafts; (h) electronic equipment such as a radio, television, video recorders, DVD/CD player, personal computer and software and cassette recorder/player; (i) where appropriate, the provision of bars on board for seafarers unless these are contrary to national, religious or social customs; and (j) reasonable access to ship-to-shore telecommunications, and email and Internet facilities, where available, with any charges for the use of these services being reasonable in amount.
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Texto do artigo, página 182: Maritime Labour Convention, 2006 adequately covers the requirements of the ship and takes into account the differing cul- tural and religious backgrounds.
Texto do artigo, página 182: 2. Seafarers on board a ship shall be provided with food free of charge during the period of engagement.
Texto do artigo, página 182: 3. Seafarers employed as ships’ cooks with responsibility for food preparation must be trained and qualified for their position on board ship. Standard A3.2 – Food and catering
Texto do artigo, página 182: 1. Each Member shall adopt laws and regulations or other measures to provide minimum standards for the quantity and quality of food and drinking water and for the catering standards that apply to meals provided to seafarers on ships that fly its flag, and shall undertake educational activities to promote awareness and implementation of the standards referred to in this paragraph.
Texto do artigo, página 182: 2. Each Member shall ensure that ships that fly its flag meet the following min- imum standards: (a) food and drinking water supplies, having regard to the number of seafarers on board, their religious requirements and cultural practices as they pertain to food, and the duration and nature of the voyage, shall be suitable in respect of quantity, nutritional value, quality and variety; (b) the organization and equipment of the catering department shall be such as to permit the provision to the seafarers of adequate, varied and nutritious meals prepared and served in hygienic conditions; and (c) catering staff shall be properly trained or instructed for their positions.
Texto do artigo, página 182: 3. Shipowners shall ensure that seafarers who are engaged as ships’ cooks are trained, qualified and found competent for the position in accordance with require- ments set out in the laws and regulations of the Member concerned.
Texto do artigo, página 182: 4. The requirements under paragraph 3 of this Standard shall include a comple- tion of a training course approved or recognized by the competent authority, which covers practical cookery, food and personal hygiene, food storage, stock control, and environmental protection and catering health and safety.
Texto do artigo, página 182: 5. On ships operating with a prescribed manning of less than ten which, by vir- tue of the size of the crew or the trading pattern, may not be required by the competent authority to carry a fully qualified cook, anyone processing food in the galley shall be trained or instructed in areas including food and personal hygiene as well as handling and storage of food on board ship.
Texto do artigo, página 182: 6. In circumstances of exceptional necessity, the competent authority may issue a dispensation permitting a non-fully qualified cook to serve in a specified ship for a specified limited period, until the next convenient port of call or for a period not ex- ceeding one month, provided that the person to whom the dispensation is issued is trained or instructed in areas including food and personal hygiene as well as handling and storage of food on board ship.
Texto do artigo, página 182: 7. In accordance with the ongoing compliance procedures under Title 5, the competent authority shall require that frequent documented inspections be carried out on board ships, by or under the authority of the master, with respect to:
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Texto do artigo, página 183: Accommodation, recreational facilities, food and catering (a) supplies of food and drinking water; (b) all spaces and equipment used for the storage and handling of food and drinking water; and (c) galley and other equipment for the preparation and service of meals.
Texto do artigo, página 183: 8. No seafarer under the age of 18 shall be employed or engaged or work as a ship’s cook. Guideline B3.2 – Food and catering Guideline B3.2.1 – Inspection, education, research and publication
Texto do artigo, página 183: 1. The competent authority should, in cooperation with other relevant agencies and organizations, collect up-to-date information on nutrition and on methods of purchasing, storing, preserving, cooking and serving food, with special reference to the requirements of catering on board a ship. This information should be made available, free of charge or at reasonable cost, to manufacturers of and traders in ships’ food supplies and equipment, masters, stewards and cooks, and to shipowners’ and seafarers’ organizations concerned. Appropriate forms of publicity, such as manuals, brochures, posters, charts or advertisements in trade journals, should be used for this purpose.
Texto do artigo, página 183: 2. The competent authority should issue recommendations to avoid wastage of food, facilitate the maintenance of a proper standard of hygiene, and ensure the maximum practicable convenience in working arrangements.
Texto do artigo, página 183: 3. The competent authority should work with relevant agencies and organizations to develop educational materials and on-board information concerning methods of ensuring proper food supply and catering services.
Texto do artigo, página 183: 4. The competent authority should work in close cooperation with the shipowners’ and seafarers’ organizations concerned and with national or local authorities dealing with questions of food and health, and may where necessary utilize the services of such authorities. Guideline B3.2.2 – Ships’ cooks
Texto do artigo, página 183: 1. Seafarers should only be qualified as ships’ cooks if they have: (a) served at sea for a minimum period to be prescribed by the competent authority, which could be varied to take into account existing relevant qualifications or experience; (b) passed an examination prescribed by the competent authority or passed an equivalent examination at an approved training course for cooks.
Texto do artigo, página 183: 2. The prescribed examination may be conducted and certificates granted either directly by the competent authority or, subject to its control, by an approved school for the training of cooks.
Texto do artigo, página 183: 3. The competent authority should provide for the recognition, where appropriate, of certificates of qualification as ships’ cooks issued by other Members, which have ratified this Convention or the Certification of Ships’ Cooks Convention, 1946 (No. 69), or other approved body.
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Texto do artigo, página 184: TITLE 4. HEALTH PROTECTION, MEDICAL CARE, WELFARE AND SOCIAL SECURITY PROTECTION Regulation 4.1 – Medical care on board ship and ashore Purpose: To protect the health of seafarers and ensure their prompt access to medical care on board ship and ashore
Texto do artigo, página 184: 1. Each Member shall ensure that all seafarers on ships that fly its flag are covered by adequate measures for the protection of their health and that they have access to prompt and adequate medical care whilst working on board.
Texto do artigo, página 184: 2. The protection and care under paragraph 1 of this Regulation shall, in principle, be provided at no cost to the seafarers.
Texto do artigo, página 184: 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.
Texto do artigo, página 184: 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
Texto do artigo, página 184: 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.
Texto do artigo, página 184: 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,
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Texto do artigo, página 185: Health protection, medical care, welfare and social security prote when completed, and its contents shall be kept confidential and shall only be us facilitate the treatment of seafarers.
Texto do artigo, página 185: 3. Each Member shall adopt laws and regulations establishing requireme on-board hospital and medical care facilities and equipment and training on ships fly its flag.
Texto do artigo, página 185: 4. National laws and regulations shall as a minimum provide for the follow requirements: (a) all ships shall carry a medicine chest, medical equipment and a medical guide, specifics of which shall be prescribed and subject to regular inspection by the cc petent authority; the national requirements shall take into account the type of sh the number of persons on board and the nature, destination and dura voyages and relevant national and international recommended medical standar (b) ships carrying 100 or more persons and ordinarily engaged on internation voyages of more than three days' duration shall carry a qualified medical doct who is responsible for providing medical care; national laws or regulations sh also specify which other ships shall be required to carry a medical doctor, taki into account, inter alia, such factors as the duration, nature and conditions of th voyage and the number of seafarers on board; (c) ships which do not carry a medical doctor shall be required to have either at lea one seafarer on board who is in charge of medical care and administering medi cine as part of their regular duties or at least one seafarer on board competent t provide medical first aid; persons in charge of medical care on board who are n medical doctors shall have satisfactorily completed training in medical care tha meets the requirements of the International Convention on Standards of Train ing, Certification and Watchkeeping for Seafarers, 1978, as amended (“STCW”) seafarers designated to provide medical first aid shall have satisfactorily com pleted training in medical first aid that meets the requirements of STCW national laws or regulations shall specify the level of approved training require taking into account, inter alia, such factors as the duration, nature and conditions of the voyage and the number of seafarers on board; and (d) the competent authority shall ensure by a prearranged system that medical ad vice by radio or satellite communication to ships at sea, including specialist advice, is available 24 hours a day; medical advice, including the onward trans mission of medical messages by radio or satellite communication between a ship and those ashore giving the advice, shall be available free of charge to all ships irrespective of the flag that they fly. Guideline B4.1 – Medical care on board ship and ashore Guideline B4.1.1 – Provision of medical care
Texto do artigo, página 185: 1. When determining the level of medical training to be provided on board ships that are not required to carry a medical doctor, the competent authority should require (a) ships which ordinarily are capable of reaching qualified medical care and medical facilities within eight hours should have at least one designated seafarer with the approved medical first-aid training required by STCW which will enable such persons to take immediate, effective action in case of accidents or illnesses likely
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Texto do artigo, página 186: Maritime Labour Convention, 2006 to occur on board a ship and to make use of medical advice by radio or satellite communication; and (b) all other ships should have at least one designated seafarer with approved training in medical care required by STCW, including practical training and training in life-saving techniques such as intravenous therapy, which will enable the persons concerned to participate effectively in coordinated schemes for medical assistance to ships at sea, and to provide the sick or injured with a satisfactory standard of medical care during the period they are likely to remain on board.
Texto do artigo, página 186: 2. The training referred to in paragraph 1 of this Guideline should be based on the contents of the most recent editions of the International Medical Guide for Ships, the Medical First Aid Guide for Use in Accidents Involving Dangerous Goods, the Document for Guidance – An International Maritime Training Guide, and the medical section of the International Code of Signals as well as similar national guidance.
Texto do artigo, página 186: 3. Persons referred to in paragraph 1 of this Guideline and such other seafarers as may be required by the competent authority should undergo, at approximately five-year intervals, refresher courses to enable them to maintain and increase their knowledge and skills and to keep up-to-date with new developments.
Texto do artigo, página 186: 4. The medicine chest and its contents, as well as the medical equipment and medical guide carried on board, should be properly maintained and inspected at regular intervals, not exceeding 12 months, by responsible persons designated by competent authority, who should ensure that the labelling, expiry dates and conditions of storage of all medicines and directions for their use are checked and all equipment functioning as required. In adopting or reviewing the ship’s medical guide used nationally, and in determining the contents of the medicine chest and medical equipment, the competent authority should take into account international recommendations in this field, including the latest edition of the International Medical Guide for Ships, and other guides mentioned in paragraph 2 of this Guideline.
Texto do artigo, página 186: 5. Where a cargo which is classified dangerous has not been included in the most recent edition of the Medical First Aid Guide for Use in Accidents Involving Dangerous Goods, the necessary information on the nature of the substances, the risks involved, the relevant personal protective devices, the relevant medical procedures and specific antidotes should be made available to the seafarers. Such specific antidotes and personal protective devices should be on board whenever dangerous goods are carried. This information should be integrated with the ship’s policies and programmes on occupational safety and health described in Regulation 4.3 and related Code provisions.
Texto do artigo, página 186: 6. All ships should carry a complete and up-to-date list of radio stations through which medical advice can be obtained; and, if equipped with a system of satellite communication, carry an up-to-date and complete list of coast earth stations through which medical advice can be obtained. Seafarers with responsibility for medical care or medical first aid on board should be instructed in the use of the ship’s medical guide and the medical section of the most recent edition of the International Code of Signals, so as to enable them to understand the type of information needed by the advising doctor as well as the advice received. Guideline B4.1.2 – Medical report form
Texto do artigo, página 186: 1. The standard medical report form for seafarers required under Part A of this Code should be designed to facilitate the exchange of medical and related information concerning individual seafarers between ship and shore in cases of illness or injury.
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Texto do artigo, página 187: Health protection, medical care, welfare and social security protection Guideline B4.1.3 – Medical care ashore
Texto do artigo, página 187: 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.
Texto do artigo, página 187: 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 (c) facilities for dental treatment, especially in cases of emergency.
Texto do artigo, página 187: 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
Texto do artigo, página 187: 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 stations 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; (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 concerning 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;
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Texto do artigo, página 188: Maritime Labour Convention, 2006 (j) providing all seafarers with special curative and preventive health and medical services in port, or making available to them general health, medical and re- habilitation services; and (k) arranging for the repatriation of the bodies or ashes of deceased seafarers, in ac- cordance with the wishes of the next of kin and as soon as practicable.
Texto do artigo, página 188: 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
Texto do artigo, página 188: 1. Each Member should adopt measures to secure proper and sufficient medi- cal care for the dependants of seafarers domiciled in its territory pending the develop- ment 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 Inter- national 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
Texto do artigo, página 188: 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 conse- quences of sickness, injury or death occurring while they are serving under a seafarers’ employment agreement or arising from their employment under such agreement.
Texto do artigo, página 188: 2. This Regulation does not affect any other legal remedies that a seafarer may seek. Standard A4.2 – Shipowners’ liability
Texto do artigo, página 188: 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 sea- farers 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 com- mencing duty and the date upon which they are deemed duly repatriated, or aris- ing from their employment between those dates; (b) shipowners shall provide financial security to assure compensation in the event of death or long-term disability of seafarers due to an occupational injury, ill- ness or hazard, as set out in national law, the seafarers’ employment agreement or collective agreement; (c) shipowners shall be liable to defray the expense of medical care, including med- ical treatment and the supply of the necessary medicines and therapeutic appli- ances, 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 perma- nent character; and
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Texto do artigo, página 189: Health protection, medical care, welfare and social security protection (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.
Texto do artigo, página 189: 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.
Texto do artigo, página 189: 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.
Texto do artigo, página 189: 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.
Texto do artigo, página 189: 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.
Texto do artigo, página 189: 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.
Texto do artigo, página 189: 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
Texto do artigo, página 189: 1. The payment of full wages required by Standard A4.2, paragraph 3(a), may be exclusive of bonuses.
Texto do artigo, página 189: 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.
Texto do artigo, página 189: 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.
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Texto do artigo, página 190: Maritime Labour Convention, 2006 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
Texto do artigo, página 190: 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.
Texto do artigo, página 190: 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.
Texto do artigo, página 190: 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
Texto do artigo, página 190: 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 (d) requirements for inspecting, reporting and correcting unsafe conditions and for investigating and reporting on-board occupational accidents.
Texto do artigo, página 190: 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;
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Texto do artigo, página 191: Health protection, medical care, welfare and social security protection (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.
Texto do artigo, página 191: 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 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.
Texto do artigo, página 191: 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.
Texto do artigo, página 191: 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 (c) occupational accidents are investigated.
Texto do artigo, página 191: 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.
Texto do artigo, página 191: 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.
Texto do artigo, página 191: 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
Texto do artigo, página 191: 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.
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Texto do artigo, página 192: Maritime Labour Convention, 2006
Texto do artigo, página 192: 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; (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.
Texto do artigo, página 192: 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, es- pecially 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.
Texto do artigo, página 192: 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
Texto do artigo, página 192: 1. The competent authority, in conjunction with the competent international bodies and with representatives of shipowners’ and seafarers’ organizations concerned,
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Texto do artigo, página 193: Health protection, medical care, welfare and social security protection 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.
Texto do artigo, página 193: 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 ex- posure 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 neces- sary; 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 machin- ery spaces. Guideline B4.3.3 – Exposure to vibration
Texto do artigo, página 193: 1. The competent authority, in conjunction with the competent international bodies. and with representatives of shipowners' and seafarers' organizations concerned, and taking into account, as appropriate, relevant inter- national standards, should review on an ongoing basis the problem of vibration on board ships with the objective of improving the protection of seafarers, in so far as practicable, from the adverse effects of vibration.
Texto do artigo, página 193: 2. The review referred to in paragraph 1 of this Guideline should cover the effect of exposure to excessive vibration on the health and comfort of seafarers and the measures to be prescribed or recommended to reduce shipboard vibration to protect seafarers. The measures to be considered should include the following: (a) instruction of seafarers in the dangers to their health of prolonged exposure to vibration; (b) provision of approved personal protective equipment to seafarers where neces- sary; and (c) assessment of risks and reduction of exposure to vibration in all accommodation and recreational and catering facilities by adopting measures in accordance with the guidance provided by the ILO code of practice entitled Ambient factors in the workplace, 2001, and any subsequent revisions, taking account of the differ- ence between exposure in those areas and in the workplace. Guideline B4.3.4 – Obligations of shipowners
Texto do artigo, página 193: 1. Any obligation on the shipowner to provide protective equipment or other accident prevention safeguards should, in general, be accompanied by provisions requiring their use by seafarers and by a requirement for seafarers to comply with the relevant accident prevention and health protection measures.
Texto do artigo, página 193: 2. Account should also be taken of Articles 7 and 11 of the Guarding of Machinery Convention, 1963 (No. 119), and the corresponding provisions of the Guarding of Machinery Recommendation, 1963 (No. 118), under which the obligation to ensure compliance with the requirement that machinery in use is properly guarded, and its use
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Texto do artigo, página 194: Maritime Labour Convention, 2006 without appropriate guards prevented, rests on the employer, while there is an obligation on the worker not to use machinery without the guards being in position nor to make in- operative the guards provided. Guideline B4.3.5 – Reporting and collection of statistics
Texto do artigo, página 194: 1. All occupational accidents and occupational injuries and diseases should be reported so that they can be investigated and comprehensive statistics can be kept, analysed and published, taking account of protection of the personal data of the sea- farers concerned. Reports should not be limited to fatalities or to accidents involving the ship.
Texto do artigo, página 194: 2. The statistics referred to in paragraph 1 of this Guideline should record the numbers, nature, causes and effects of occupational accidents and occupational in- juries and diseases, with a clear indication, as applicable, of the department on board a ship, the type of accident and whether at sea or in port.
Texto do artigo, página 194: 3. Each Member should have due regard to any international system or model for recording accidents to seafarers which may have been established by the Inter- national Labour Organization. Guideline B4.3.6 – Investigations
Texto do artigo, página 194: 1. The competent authority should undertake investigations into the causes and circumstances of all occupational accidents and occupational injuries and diseases re- sulting in loss of life or serious personal injury, and such other cases as may be specified in national laws or regulations.
Texto do artigo, página 194: 2. Consideration should be given to including the following as subjects of investigation: (a) working environment, such as working surfaces, layout of machinery, means of access, lighting and methods of work; (b) incidence in different age groups of occupational accidents and occupational in- juries and diseases; (c) special physiological or psychological problems created by the shipboard environment; (d) problems arising from physical stress on board a ship, in particular as a conse- quence of increased workload; (e) problems arising from and effects of technical developments and their influence on the composition of crews; and (f) problems arising from any human failures. Guideline B4.3.7 – National protection and prevention programmes
Texto do artigo, página 194: 1. In order to provide a sound basis for measures to promote occupational safety and health protection and prevention of accidents, injuries and diseases which are due to particular hazards of maritime employment, research should be undertaken into general trends and into such hazards as are revealed by statistics.
Texto do artigo, página 194: 2. The implementation of protection and prevention programmes for the promo- tion of occupational safety and health should be so organized that the competent authority, shipowners and seafarers or their representatives and other appropriate bodies may
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Texto do artigo, página 195: Health protection, medical care, welfare and social security protection play an active role, including through such means as information sessions, on-board guidelines on maximum exposure levels to potentially harmful ambient workplace fac- tors and other hazards or outcomes of a systematic risk evaluation process. In particular, national or local joint occupational safety and health protection and accident prevention committees or ad hoc working parties and on-board committees, on which shipowners’ and seafarers’ organizations concerned are represented, should be established.
Texto do artigo, página 195: 3. Where such activity takes place at company level, the representation of sea- farers on any safety committee on board that shipowner’s ships should be considered. Guideline B4.3.8 – Content of protection and prevention programmes
Texto do artigo, página 195: 1. Consideration should be given to including the following in the functions of the committees and other bodies referred to in Guideline B4.3.7, paragraph 2: (a) the preparation of national guidelines and policies for occupational safety and health management systems and for accident prevention provisions, rules and manuals; (b) the organization of occupational safety and health protection and accident pre- vention training and programmes; (c) the organization of publicity on occupational safety and health protection and ac- cident prevention, including films, posters, notices and brochures; and (d) the distribution of literature and information on occupational safety and health protection and accident prevention so that it reaches seafarers on board ships.
Texto do artigo, página 195: 2. Relevant provisions or recommendations adopted by the appropriate national authorities or organizations or international organizations should be taken into account by those preparing texts of occupational safety and health protection and accident prevention measures or recommended practices.
Texto do artigo, página 195: 3. In formulating occupational safety and health protection and accident pre- vention programmes, each Member should have due regard to any code of practice concerning the safety and health of seafarers which may have been published by the International Labour Organization. Guideline B4.3.9 – Instruction in occupational safety and health protection and the prevention of occupational accidents
Texto do artigo, página 195: 1. The curriculum for the training referred to in Standard A4.3, paragraph 1(a), should be reviewed periodically and brought up to date in the light of development in types and sizes of ships and in their equipment, as well as changes in manning practices, nationality, language and the organization of work on board ships.
Texto do artigo, página 195: 2. There should be continuous occupational safety and health protection and accident prevention publicity. Such publicity might take the following forms: (a) educational audiovisual material, such as films, for use in vocational training cen- tres for seafarers and where possible shown on board ships; (b) display of posters on board ships; (c) inclusion in periodicals read by seafarers of articles on the hazards of maritime employment and on occupational safety and health protection and accident pre- vention measures; and (d) special campaigns using various publicity media to instruct seafarers, including campaigns on safe working practices.
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Texto do artigo, página 197: Health protection, medical care, welfare and social security protection
Texto do artigo, página 197: 2. In developing programmes for promoting occupational safety and health protection and prevention of accidents under Standard A4.3, each Member should have due regard to relevant codes of practice published by the International Labour Organization and the appropriate standards of international organizations.
Texto do artigo, página 197: 3. Members should have regard to the need for international cooperation in the continuous promotion of activity related to occupational safety and health protection and prevention of occupational accidents. Such cooperation might take the form of: (a) bilateral or multilateral arrangements for uniformity in occupational safety and health protection and accident prevention standards and safeguards; (b) exchange of information on particular hazards affecting seafarers and on means of promoting occupational safety and health protection and preventing accidents; (c) assistance in testing of equipment and inspection according to the national regulations of the flag State; (d) collaboration in the preparation and dissemination of occupational safety and health protection and accident prevention provisions, rules or manuals; (e) collaboration in the production and use of training aids; and (f) joint facilities for, or mutual assistance in, the training of seafarers in occupational safety and health protection, accident prevention and safe working practices. Regulation 4.4 – Access to shore-based welfare facilities Purpose: To ensure that seafarers working on board a ship have access to shore-based facilities and services to secure their health and well-being
Texto do artigo, página 197: 1. Each Member shall ensure that shore-based welfare facilities, where they exist, are easily accessible. The Member shall also promote the development of welfare facilities, such as those listed in the Code, in designated ports to provide seafarers on ships that are in its ports with access to adequate welfare facilities and services.
Texto do artigo, página 197: 2. The responsibilities of each Member with respect to shore-based facilities, such as welfare, cultural, recreational and information facilities and services, are set out in the Code. Standard A4.4 – Access to shore-based welfare facilities
Texto do artigo, página 197: 1. Each Member shall require, where welfare facilities exist on its territory, that they are available for the use of all seafarers, irrespective of nationality, race, colour, sex, religion, political opinion or social origin and irrespective of the flag State of the ship on which they are employed or engaged or work.
Texto do artigo, página 197: 2. Each Member shall promote the development of welfare facilities in appropriate ports of the country and determine, after consultation with the shipowners' and seafarers' organizations concerned, which ports are to be regarded as appropriate.
Texto do artigo, página 197: 3. Each Member shall encourage the establishment of welfare boards which shall regularly review welfare facilities and services to ensure that they are appropriate in the light of changes in the needs of seafarers resulting from technical, operational and other developments in the shipping industry.
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Texto do artigo, página 198: Maritime Labour Convention, 2006 Guideline B4.4 – Access to shore-based welfare facilities Guideline B4.4.1 – Responsibilities of Members
Texto do artigo, página 198: 1. Each Member should: (a) take measures to ensure that adequate welfare facilities and services are provided for seafarers in designated ports of call and that adequate protection is provided to seafarers in the exercise of their profession; and (b) take into account, in the implementation of these measures, the special needs of seafarers, especially when in foreign countries and when entering war zones, in respect of their safety, health and spare-time activities.
Texto do artigo, página 198: 2. Arrangements for the supervision of welfare facilities and services should in- clude participation by representative shipowners' and seafarers' organizations concerned.
Texto do artigo, página 198: 3. Each Member should take measures designed to expedite the free circulation among ships, central supply agencies and welfare establishments of welfare materials such as films, books, newspapers and sports equipment for use by seafarers on board their ships and in welfare centres ashore.
Texto do artigo, página 198: 4. Members should cooperate with one another in promoting the welfare of seafarers at sea and in port. Such cooperation should include the following: (a) consultations among competent authorities aimed at the provision and improve- ment of seafarers' welfare facilities and services, both in port and on board ships; (b) agreements on the pooling of resources and the joint provision of welfare facil- ities in major ports so as to avoid unnecessary duplication; (c) organization of international sports competitions and encouragement of the par- ticipation of seafarers in sports activities; and (d) organization of international seminars on the subject of welfare of seafarers at sea and in port. Guideline B4.4.2 – Welfare facilities and services in ports
Texto do artigo, página 198: 1. Each Member should provide or ensure the provision of such welfare facil- ities and services as may be required, in appropriate ports of the country.
Texto do artigo, página 198: 2. Welfare facilities and services should be provided, in accordance with national conditions and practice, by one or more of the following: (a) public authorities; (b) shipowners' and seafarers' organizations concerned under collective agreements or other agreed arrangements; and (c) voluntary organizations.
Texto do artigo, página 198: 3. Necessary welfare and recreational facilities should be established or devel- oped in ports. These should include: (a) meeting and recreation rooms as required; (b) facilities for sports and outdoor facilities, including competitions; (c) educational facilities; and (d) where appropriate, facilities for religious observances and for personal counselling.
Texto do artigo, página 198: 4. These facilities may be provided by making available to seafarers in accord- ance with their needs facilities designed for more general use.
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Texto do artigo, página 199: . Health protection, medical care, welfare and social security protection
Texto do artigo, página 199: 5. Where large numbers of seafarers of different nationalities require facilities such as hotels, clubs and sports facilities in a particular port, the competent authorities or bodies of the countries of origin of the seafarers and of the flag States, as well as the international associations concerned, should consult and cooperate with the competent authorities and bodies of the country in which the port is situated and with one another, with a view to the pooling of resources and to avoiding unnecessary duplication.
Texto do artigo, página 199: 6. Hotels or hostels suitable for seafarers should be available where there is need for them. They should provide facilities equal to those found in a good-class hotel, and should wherever possible be located in good surroundings away from the immediate vicinity of the docks. Such hotels or hostels should be properly supervised, the prices charged should be reasonable in amount and, where necessary and possible, provision should be made for accommodating seafarers’ families.
Texto do artigo, página 199: 7. These accommodation facilities should be open to all seafarers, irrespective of nationality, race, colour, sex, religion, political opinion or social origin and irrespective of the flag State of the ship on which they are employed or engaged or work. Without in any way infringing this principle, it may be necessary in certain ports to provide several types of facilities, comparable in standard but adapted to the customs and needs of different groups of seafarers.
Texto do artigo, página 199: 8. Measures should be taken to ensure that, as necessary, technically competent persons are employed full time in the operation of seafarers’ welfare facilities and services, in addition to any voluntary workers. Guideline B4.4.3 – Welfare boards
Texto do artigo, página 199: 1. Welfare boards should be established, at the port, regional and national levels, as appropriate. Their functions should include: (a) keeping under review the adequacy of existing welfare facilities and monitoring the need for the provision of additional facilities or the withdrawal of underutilized facilities; and (b) assisting and advising those responsible for providing welfare facilities and ensuring coordination between them.
Texto do artigo, página 199: 2. Welfare boards should include among their members representatives of shipowners’ and seafarers’ organizations, the competent authorities and, where appropriate, voluntary organizations and social bodies.
Texto do artigo, página 199: 3. As appropriate, consuls of maritime States and local representatives of foreign welfare organizations should, in accordance with national laws and regulations, be associated with the work of port, regional and national welfare boards. Guideline B4.4.4 – Financing of welfare facilities
Texto do artigo, página 199: 1. In accordance with national conditions and practice, financial support for port welfare facilities should be made available through one or more of the following: (a) grants from public funds; (b) levies or other special dues from shipping sources; (c) voluntary contributions from shipowners, seafarers, or their organizations; and (d) voluntary contributions from other sources.
Texto do artigo, página 199: 2. Where welfare taxes, levies and special dues are imposed, they should be used only for the purposes for which they are raised.
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Texto do artigo, página 200: Maritime Labour Convention, 2006 Guideline B4.4.5 – Dissemination of information and facilitation measures
Texto do artigo, página 200: 1. Information should be disseminated among seafarers concerning facilities open to the general public in ports of call, particularly transport, welfare, entertain- ment and educational facilities and places of worship, as well as facilities provided spe- cifically for seafarers.
Texto do artigo, página 200: 2. Adequate means of transport at moderate prices should be available at any reasonable time in order to enable seafarers to reach urban areas from convenient locations in the port.
Texto do artigo, página 200: 3. All suitable measures should be taken by the competent authorities to make known to shipowners and to seafarers entering port any special laws and customs, the contravention of which may jeopardize their freedom.
Texto do artigo, página 200: 4. Port areas and access roads should be provided by the competent authorities with adequate lighting and signposting and regular patrols for the protection of seafarers. Guideline B4.4.6 – Seafarers in a foreign port
Texto do artigo, página 200: 1. For the protection of seafarers in foreign ports, measures should be taken to facilitate: (a) access to consuls of their State of nationality or State of residence; and (b) effective cooperation between consuls and the local or national authorities.
Texto do artigo, página 200: 2. Seafarers who are detained in a foreign port should be dealt with promptly under due process of law and with appropriate consular protection.
Texto do artigo, página 200: 3. Whenever a seafarer is detained for any reason in the territory of a Member, the competent authority should, if the seafarer so requests, immediately inform the flag State and the State of nationality of the seafarer. The competent authority should promptly inform the seafarer of the right to make such a request. The State of nation- ality of the seafarer should promptly notify the seafarer’s next of kin. The competent authority should allow consular officers of these States immediate access to the seafarer and regular visits thereafter so long as the seafarer is detained.
Texto do artigo, página 200: 4. Each Member should take measures, whenever necessary, to ensure the safety of seafarers from aggression and other unlawful acts while ships are in their terri- torial waters and especially in approaches to ports.
Texto do artigo, página 200: 5. Every effort should be made by those responsible in port and on board a ship to facilitate shore leave for seafarers as soon as possible after a ship’s arrival in port. Regulation 4.5 – Social security Purpose: To ensure that measures are taken with a view to providing seafarers with access to social security protection
Texto do artigo, página 200: 1. Each Member shall ensure that all seafarers and, to the extent provided for in its national law, their dependants have access to social security protection in ac- cordance with the Code without prejudice however to any more favourable conditions referred to in paragraph 8 of article 19 of the Constitution.
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Texto do artigo, página 201: 1 Health protection, medical care, welfare and social security protection
Texto do artigo, página 201: 2. Each Member undertakes to take steps, according to its national circum- stances, individually and through international cooperation, to achieve progressively comprehensive social security protection for seafarers.
Texto do artigo, página 201: 3. Each Member shall ensure that seafarers who are subject to its social security legislation and, to the extent provided for in its national law, their dependants, are en- titled to benefit from social security protection no less favourable than that enjoyed by shoreworkers. Standard A4.5 – Social security
Texto do artigo, página 201: 1. The branches to be considered with a view to achieving progressively com- prehensive social security protection under Regulation 4.5 are: medical care, sickness benefit, unemployment benefit, old-age benefit, employment injury benefit, family benefit, maternity benefit, invalidity benefit and survivors' benefit, complementing the protection provided for under Regulations 4.1, on medical care, and 4.2, on ship- owners' liability, and under other titles of this Convention.
Texto do artigo, página 201: 2. At the time of ratification, the protection to be provided by each Member in accordance with Regulation 4.5, paragraph 1, shall include at least three of the nine branches listed in paragraph 1 of this Standard.
Texto do artigo, página 201: 3. Each Member shall take steps according to its national circumstances to pro- vide the complementary social security protection referred to in paragraph 1 of this Standard to all seafarers ordinarily resident in its territory. This responsibility could be satisfied, for example, through appropriate bilateral or multilateral agreements or contribution-based systems. The resulting protection shall be no less favourable than that enjoyed by shoreworkers resident in their territory.
Texto do artigo, página 201: 4. Notwithstanding the attribution of responsibilities in paragraph 3 of this Standard, Members may determine, through bilateral and multilateral agreements and through provisions adopted in the framework of regional economic integration organ- izations, other rules concerning the social security legislation to which seafarers are subject.
Texto do artigo, página 201: 5. Each Member's responsibilities with respect to seafarers on ships that fly its flag shall include those provided for by Regulations 4.1 and 4.2 and the related provi- sions of the Code, as well as those that are inherent in its general obligations under international law.
Texto do artigo, página 201: 6. Each Member shall give consideration to the various ways in which compar- able benefits will, in accordance with national law and practice, be provided to sea- farers in the absence of adequate coverage in the branches referred to in paragraph 1 of this Standard.
Texto do artigo, página 201: 7. The protection under Regulation 4.5, paragraph 1, may, as appropriate, be contained in laws or regulations, in private schemes or in collective bargaining agree- ments or in a combination of these.
Texto do artigo, página 201: 8. To the extent consistent with their national law and practice, Members shall cooperate, through bilateral or multilateral agreements or other arrangements, to ensure the maintenance of social security rights, provided through contributory or non-contributory schemes, which have been acquired, or are in the course of acquisi- tion, by all seafarers regardless of residence.
Título de secção, página 201: 18 DE SETEMBRO DE 2018 2281
Título de secção, página 202: 2282 I SÉRIE — NÚMERO 183
Texto lido por imagem, página 203: 18 DE SETEMBRO DE 2018 2283
Texto do artigo, página 203: TITLE 5. COMPLIANCE AND ENFORCEMENT
Texto do artigo, página 203: 1. The Regulations in this Title specify each Member’s responsibility to fully implement and enforce the principles and rights set out in the Articles of this Convention as well as the particular obligations provided for under its Titles 1, 2, 3 and 4.
Texto do artigo, página 203: 2. Paragraphs 3 and 4 of Article VI, which permit the implementation of Part A of the Code through substantially equivalent provisions, do not apply to Part A of the Code in this Title.
Texto do artigo, página 203: 3. In accordance with paragraph 2 of Article VI, each Member shall implement its responsibilities under the Regulations in the manner set out in the corresponding Standards of Part A of the Code, giving due consideration to the corresponding Guidelines in Part B of the Code.
Texto do artigo, página 203: 4. The provisions of this Title shall be implemented bearing in mind that seafarers and shipowners, like all other persons, are equal before the law and are entitled to the equal protection of the law and shall not be subject to discrimination in their access to courts, tribunals or other dispute resolution mechanisms. The provisions of this Title do not determine legal jurisdiction or a legal venue. Regulation 5.1 - Flag State responsibilities Purpose: To ensure that each Member implements its responsibilities under this Convention with respect to ships that fly its flag Regulation 5.1.1 - General principles
Texto do artigo, página 203: 1. Each Member is responsible for ensuring implementation of its obligations under this Convention on ships that fly its flag.
Texto do artigo, página 203: 2. Each Member shall establish an effective system for the inspection and certification of maritime labour conditions, in accordance with Regulations 5.1.3 and 5.1.4 ensuring that the working and living conditions for seafarers on ships that fly its flag meet, and continue to meet, the standards in this Convention.
Texto do artigo, página 203: 3. In establishing an effective system for the inspection and certification of maritime labour conditions, a Member may, where appropriate, authorize public institutions or other organizations (including those of another Member, if the latter agrees) which it recognizes as competent and independent to carry out inspections or to issue certificates or to do both. In all cases, the Member shall remain fully responsible for the inspection and certification of the working and living conditions of the seafarers concerned on ships that fly its flag.
Texto do artigo, página 203: 4. A maritime labour certificate, complemented by a declaration of maritime labour compliance, shall constitute prima facie evidence that the ship has been duly inspected by the Member whose flag it flies and that the requirements of this Convention
Título de secção, página 203: 18 DE SETEMBRO DE 2018 2283
Texto lido por imagem, página 204: 2284 I SÉRIE — NÚMERO 183
Texto do artigo, página 204: Maritime Labour Convention, 2006 relating to working and living conditions of the seafarers have been met to the extent so certified.
Texto do artigo, página 204: 5. Information about the system referred to in paragraph 2 of this Regulation, including the method used for assessing its effectiveness, shall be included in the Member’s reports to the International Labour Office pursuant to article 22 of the Constitution. Standard A5.1.1 – General principles
Texto do artigo, página 204: 1. Each Member shall establish clear objectives and standards covering the administration of its inspection and certification systems, as well as adequate overall procedures for its assessment of the extent to which those objectives and standards are being attained.
Texto do artigo, página 204: 2. Each Member shall require all ships that fly its flag to have a copy of this Convention available on board. Guideline B5.1.1 – General principles
Texto do artigo, página 204: 1. The competent authority should make appropriate arrangements to promote effective cooperation between public institutions and other organizations, referred to in Regulations 5.1.1 and 5.1.2, concerned with seafarers’ shipboard working and living conditions.
Texto do artigo, página 204: 2. In order to better ensure cooperation between inspectors and shipowners, seafarers and their respective organizations, and to maintain or improve seafarers’ working and living conditions, the competent authority should consult the representatives of such organizations at regular intervals as to the best means of attaining these ends. The manner of such consultation should be determined by the competent authority after consulting with shipowners’ and seafarers’ organizations. Regulation 5.1.2 – Authorization of recognized organizations
Texto do artigo, página 204: 1. The public institutions or other organizations referred to in paragraph 3 of Regulation 5.1.1 (“recognized organizations”) shall have been recognized by the competent authority as meeting the requirements in the Code regarding competency and independence. The inspection or certification functions which the recognized organizations may be authorized to carry out shall come within the scope of the activities that are expressly mentioned in the Code as being carried out by the competent authority or a recognized organization.
Texto do artigo, página 204: 2. The reports referred to in paragraph 5 of Regulation 5.1.1 shall contain information regarding any recognized organization, the extent of authorizations given and the arrangements made by the Member to ensure that the authorized activities are carried out completely and effectively. Standard A5.1.2 – Authorization of recognized organizations
Texto do artigo, página 204: 1. For the purpose of recognition in accordance with paragraph 1 of Regulation 5.1.2, the competent authority shall review the competency and independence of the organization concerned and determine whether the organization has demonstrated, to the extent necessary for carrying out the activities covered by the authorization conferred on it, that the organization:
Título de secção, página 204: 2284 I SÉRIE — NÚMERO 183
Texto lido por imagem, página 205: 18 DE SETEMBRO DE 2018 2285
Texto do artigo, página 205: Compliance and enforcement (a) has the necessary expertise in the relevant aspects of this Convention and an appropriate knowledge of ship operations, including the minimum requirements for seafarers to work on a ship, conditions of employment, accommodation, recreational facilities, food and catering, accident prevention, health protection, medical care, welfare and social security protection; (b) has the ability to maintain and update the expertise of its personnel; (c) has the necessary knowledge of the requirements of this Convention as well as of applicable national laws and regulations and relevant international instruments; and (d) is of the appropriate size, structure, experience and capability commensurate with the type and degree of authorization.
Texto do artigo, página 205: 2. Any authorizations granted with respect to inspections shall, as a minimum, empower the recognized organization to require the rectification of deficiencies that it identifies in seafarers’ working and living conditions and to carry out inspections in this regard at the request of a port State.
Texto do artigo, página 205: 3. Each Member shall establish: (a) a system to ensure the adequacy of work performed by recognized organizations, which includes information on all applicable national laws and regulations and relevant international instruments; and (b) procedures for communication with and oversight of such organizations.

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