Merchant Shipping (Medical Certification of Seafarers) Amendment Regulations 2014
FA E R
N
AT F
TQUO U
BERMUDA
MERCHANT SHIPPING (MEDICAL CERTIFICATION OF
SEAFARERS) AMENDMENT REGULATIONS 2014
BR 57 / 2014
TABLE OF CONTENTS
Citation
Amends Regulation 2
Amends Regulation 7(3)
Inserts Regulations 7A and 7B
Inserts Schedule
Commencement
SCHEDULE
The Minister responsible for Maritime Administration, in exercise of the power
conferred by section 3 and 59(1) of the Merchant Shipping Act 2002, makes the following
Regulations:
Citation
These Regulations, which amend the Merchant Shipping (Medical Certification of
Seafarers) Regulations 2013 (the “principal Regulations”), may be cited as the Merchant
Shipping (Medical Certification of Seafarers) Amendment Regulations 2014.
Amends Regulation 2
Regulation 2 of the principal Regulations is amended by inserting, immediately
after the definition of “medical fitness certificate” the following—
“ “Medical Referee” means a qualified medical practitioner not party to the
matter being considered;”
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MERCHANT SHIPPING (MEDICAL CERTIFICATION OF SEAFARERS)
AMENDMENT REGULATIONS 2014
Amends Regulation 7(3)
Regulation 7(3) of the principal Regulations is amended by—
deleting “in Schedule 1 (“Guidelines for Medical Certificate for Service at
Sea")” ; and
substituting “in the Schedule (“Government of Bermuda Department of
Maritime Administration Seafarer Medical Fitness Certificate”).”.
Inserts Regulations 7A and 7B
The principal Regulations are amended by inserting, next after Regulation 7, the
following—
“Suspension and cancellation of medical fitness certificate
This regulation applies if a medical practitioner who has been
authorised by the Minister to issue a medical fitness certificate in accordance with
regulation 6(1)(b) has reasonable grounds for believing that—
there has been a significant change in the medical fitness of a
seafarer during the period of validity of that seafarer’s medical
fitness certificate;
a seafarer is not complying with the terms of a condition to which
that seafarer’s medical fitness certificate is subject;
when a medical fitness certificate was issued to a seafarer, had a
medical practitioner been in possession of full details of that
seafarer’s condition, the medical practitioner could not reasonably
have considered that the seafarer was fit, having regard to the
medical standards specified in ILO/IMO Guidelines for Medical
Certificate for Service at Sea; or
a medical fitness certificate was issued to a seafarer otherwise
than in accordance with these Regulations.
If this regulation applies, the medical practitioner may—
suspend the validity of that medical fitness certificate until the
seafarer to whom the certificate was issued has undergone further
medical examination;
suspend the validity of the medical fitness certificate for such
period as the medical practitioner considers the seafarer to whom
the certificate was issued will remain unfit to perform the duties
that that seafarer will carry out at sea; or
cancel the certificate if the medical practitioner considers that the
seafarer to whom the certificate was issued is likely to remain
permanently unfit to perform the duties that that seafarer will
carry out at sea,
7A (1)
(a)
(b)
(c)
(d)
(2)
(a)
(b)
(c)
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(a)
(b)
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MERCHANT SHIPPING (MEDICAL CERTIFICATION OF SEAFARERS)
AMENDMENT REGULATIONS 2014
and must notify the seafarer concerned accordingly.
The medical practitioner may require that a seafarer surrender a
medical fitness certificate which has been issued to that seafarer and which has
been suspended or cancelled pursuant to paragraph (2), as that practitioner
directs.
In this regulation, “a significant change in the medical fitness of a
seafarer” means a condition which affects or would be reasonably likely to affect
that seafarer’s ability to carry out their duties, including their ability to undertake
emergency duties.
Review of a medical practitioner’s decision
A seafarer who is aggrieved by—
the refusal of a medical practitioner, who has been so authorised
by the Minister, to issue a medical fitness certificate in accordance
with regulation 6(1)(b);
any restriction imposed on such a certificate; or
the suspension for a period of more than three months or
cancellation of such a certificate by a medical practitioner,
pursuant to regulation 7A,
may apply to the Minister for the matter to be reviewed by a single medical referee
appointed by the Minister.
The appointed medical referee will review the medical information from
the authorised medical practitioner and the application form from the seafarer.
The cost of the review, and of any additional specialist reports required
by the medical referee in order to make a decision, shall be met by the company
sponsoring the authorised medical practitioner.
The Minister must have the matter reviewed if the application—
was lodged with the Minister within one month of the date on
which the applicant was given notice of the—
refusal;
imposition of restriction;
suspension; or
cancellation;
includes consent for the medical practitioner responsible for the—
refusal;
imposition of restriction;
suspension; or
(3)
(4)
7B (1)
(a)
(b)
(c)
(2)
(3)
(4)
(a)
(i)
(ii)
(iii)
(iv)
(b)
(i)
(ii)
(iii)
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MERCHANT SHIPPING (MEDICAL CERTIFICATION OF SEAFARERS)
AMENDMENT REGULATIONS 2014
cancellation,
to provide a report to the medical referee; and
specifies the name and address of that practitioner.
If an application is made after the time prescribed in paragraph (4)(a)
the Minister, upon consideration of any reasons for the lateness of the application,
may decide that the matter is nonetheless to be reviewed.
If requested by the applicant, the medical practitioner must send to the
applicant a copy of the report of the medical practitioner and any other evidence
provided by the medical practitioner to the medical referee.
In a case within paragraph (1)(a) or (c), if in the light of the medical
evidence, and having regard to the medical standards specified by the Minister in
ILO/IMO Guidelines for Medical Certificate for Service at Sea, the medical referee
considers that the person is fit to perform the duties that they will carry out at sea,
the medical referee must issue to the applicant a medical fitness certificate in the
form specified in the ILO/IMO Guidelines for Medical Certificate for Service at Sea,
or terminate the suspension or cancellation of the applicant’s medical fitness
certificate, as the case may be.
In a case within paragraph (1)(b), and having regard to the medical
standards specified in ILO/IMO Guidelines for Medical Certificate for Service at
Sea, if in light of the medical evidence the medical referee considers that restrictions
as to capacity of sea service or geographical areas should be imposed on a certificate
issued to the applicant, or that any restriction so imposed by a medical practitioner
should be deleted or varied, the medical referee must issue to the applicant a
medical fitness certificate in the form approved by the Minister which records any
restrictions so imposed or varied, and the former certificate shall cease to have
effect.
If, in light of the medical evidence, and having regard to the medical
standards specified in ILO/IMO Guidelines for Medical Certificate for Service at
Sea, the medical referee considers that the applicant is unfit to perform the duties
that person will carry out at sea, the medical referee must notify the applicant of
the period during which the medical referee considers that the applicant will remain
unfit to go to sea.
If the applicant fails to attend an appointment with the medical referee
without giving adequate notice, then the Minister may recover from the applicant
as a civil debt the cost incurred by the Minister of that appointment.”
(iv)
(c)
(5)
(6)
(7)
(8)
(9)
(10)
Inserts Schedule
The principal Regulations are amended by inserting the Schedule.
Commencement
These Regulations shall come into operation on the same date on which the
Merchant Shipping (ILO) Amendment Act 2012 comes into operation.
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MERCHANT SHIPPING (MEDICAL CERTIFICATION OF SEAFARERS)
AMENDMENT REGULATIONS 2014
SCHEDULE
(Regulation 7)
GOVERNMENT OF BERMUDA
DEPARTMENT OF MARITIME ADMINISTRATION
SEAFARER MEDICAL FITNESS CERTIFICATE
Authorised by the Department of Maritime Administration, Government of Bermuda,
issued under the Provisions of the Internatinal Convention on Standards of Training, Certification and Watchkeeping for
Seaman, 1978 as amended, The Maritime Labour Convention 2006, and Bermuda
Merchant Shipping (Medical Certification of Seafarers) Regulations 2013.
2.0 Seafarer Information
2.1 Family Name 2.1.1 First / Middle Name
Enter Family Name Enter First / Middle Name
2.2 Date of Birth: Enter date of Birth 2.3 Gender: Male Female
2.4 Nationality: Enter nationality
2.4.
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Passport or Seafarer’s Book Number: Enter Passport or SB Name
2.5 Department:
(e.g. Deck/Engine/Catering/Other)
Enter Department
Rank
/Job:
Enter Rank/Job
3.0 Declaration of the recognised Medical Practitioner (Standards to be met are as per STCW Code Sction A-1/9)
3.1 Seafarers Documentation checked at point of examination Yes No
3.2 Hearing satisfactory Yes No
3.3 Unaided Hearing satisfactory Yes No
3.4 Visual Acuity satisfactory Yes No
3.5 Satisfactory ColourVision (Deck & Engine Only) Yes No
3.6 Fit for look-out Duties (Deck & Engine Only) Yes No
**Visual Aids: (if worn specify which type Spectacles and for what purpose) Contact Lenses
required to carry an additional pair of
spetacles
3.7 Medical Fitness Category
1. FIT No Restrictions or Limitations, Full Duration Yes No
2. FIT Subject to Restrictions and/or Limited Duration, See Below
++Restricted Duties: Enter Response
++Restricted to Ship Type/Geographical area/Other:
The above MUST NOT contain any clinical information
Enter Response
3.8 The Seafarer is free from any medical condition likely to be aggaravated by sea service or to endanger the
health of other persons on board. Yes No
3.9 Examination Date: Enter Date: 3.10 Certificate Expiry Date: Enter expiry date
I confirm that the abovenamed seafarer was examined by me and found to be fit for sea service as stated in
Sections 3.7 and 3.8 above.
Please keep Signature within this box
Enter Response
4.0 Signature of duly authorised Medical Practioner Full Name (Print of duly authorised Medical Practitioner
Medical Practioner’s Offical Stamp Medical Practioner’s Contact Information:
Address: Enter Address
Phone: Enter Phone Number
Email: Enter E-Mail
5.0 Seafarers Declaration – I have been informed by the medical practioner of the content of the medical certificate and of the right to a
review in accordance with paragraph 6 of section A-1/9 of the STCW Code in relation to medical fitness standards or any limitations
or restrictions imposed on my ability to work. (see overleaf for review procedure)
Seafarer’s Signature:
Serial Number: Enter Serial Number
*All Certificates are valid for a Maximumof Two (2) Years from the Examination Date or One (1) Year if the seafarer is under 18 years of age
Colour vision test are valud for Six (6) Years
THE ORIGINAL CERTIFICATE SHOULD BE ISSUED TO THE SEAFARER
Seafarer’s
Photograph
BSME CERT FORM – 5a
Bermuda Seafarer Medical Fitness Certificate 2014-01
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MERCHANT SHIPPING (MEDICAL CERTIFICATION OF SEAFARERS)
AMENDMENT REGULATIONS 2014
6.0 Review Procedure
Medical Certificate Review Procedure
All seafarers who have been refused a medical certificate or have had a limitation imposed on their ability to work
must be given the opportunity to have a further examination by an independent medical practioner or by an
independent medical referee.
A seafarer whose medical fitness certificate is suspended for more than three months or cancelled has the right of
review of that suspension or cancellation. All such seafarers will have been given a Form 6 or Form 7 with the
details of the procedure and the application form.
The examining medical practitioner should advise the seafarer as regards to the procedure for medical review, in
accordance with paragraph 6 of section A-1/9 of the STCW Code in relation to medical fitness standards or any
limitations or restrictions imposed on his ability to work.
BSME CERT FORM – 5a
Bermuda Seafarer Medical Fitness Certificate 2014-01
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MERCHANT SHIPPING (MEDICAL CERTIFICATION OF SEAFARERS)
AMENDMENT REGULATIONS 2014
Made this 26th day of June 2014
Minister of Tourism Development and Transport
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