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The Adoption Of The Convention On The Protection Of The Health And Medical Care For Seafarers

Original Language Title: o přijetí Úmluvy o ochraně zdraví a lékařské péči pro námořníky

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445/1991.



The COMMUNICATION FROM the



the Federal Ministry of Foreign Affairs



The Federal Ministry of Foreign Affairs says that the 8 March. October 1987

was on 74. meeting of the General Conference of the International Labour Organization

adopted the Convention for the protection of the health and medical care for seafarers (No. 164).

The ratification of the Convention by the Czechoslovak Socialist Republic was

written on 11 July. January 1990, General Director of the International Office

work. According to its article 15, paragraph 3 of the Convention entered for the Czech and

Slovak Federal Republic enters into force on 11 March 2006. January 1991.



Czech translation of the Convention shall be published at the same time.



Convention No. 164



Convention for the protection of the health and medical care for seafarers



The General Conference of the International Labour Organization,



that was convened by the Administrative Council of the International Labour Office in Geneva and

there met on 24. September 1987, at its sedmdesátémčtvrtém session;



Bearing in mind the provisions of the Convention concerning the medical examination of seafarers,

1946, accommodation of crews Convention (revised), 1949, Convention for property

crews (supplementary provisions) recommendation, 1970, about pharmacies on ships,

1958, recommendations on medical advice at sea, 1958, and the Convention and

recommendations for the prevention of accidents (Seafarers), 1970;



Bearing in mind the International Convention of 1978 on standards for training,

Awards school certificates of eligibility and Watchkeeping as

about training in medical assistance in the event of an accident or illness that may

occur on the ship;



Recalling that for the success of the measures in the area of health and

medical care of seafarers is important to maintain close cooperation in

relevant areas between the International Labour Organization, the international

Maritime Organisation and the World Health Organization;



Recalling that whereas the following standards have been developed in

cooperation with the International Maritime Organization and the World Health

organizations and search for further cooperation in the implementation of

These standards;



rozhodnuvši accept some proposals relating to the protection of health and

medical care of seafarers, which are the fourth point of the agenda

meeting;



stanovivši, that these proposals will take the form of an International Convention,



accepts delivery 8. October 1987 this Convention, which will be referred to as

Convention on the protection of the health and medical care for seafarers, 1987.



Article 1



1. this Convention applies to every seagoing ship, whether in the public or

privately owned, that are written on the territory of any

of the Member State for which the Convention is effective, and which are usually

used in commercial shipping.



2. in so far as the competent authority, after consultation with representative

the organizations of the shipowners fishing boats and fishermen that it considers

practicable, will use the provisions of this Convention and on the commercial maritime

fishing.



3. In case of doubt whether a ship used for the commercial maritime

navigation or commercial maritime fishing for the purpose of this Convention, the question of

will be determined by the competent authority after consultation with the

the organizations of shipowners, seafarers and fishermen.



4. for the purposes of this Convention, the term "seafarer" means any person who

It is in any way engaged on board a seagoing ship to which the

covered by the Convention.



Article 2



This Convention shall be performed by the national law, collective

contracts, work orders, statements of arbitration or judicial

decisions or other means appropriate to national conditions.



Article 3



Each Member State shall determine the national law the responsibility for

keeping the boat in good health and hygiene conditions.



Article 4



Each Member State shall ensure that measures will be taken to protect the health

and for the medical care of seafarers. These measures are:



and to secure the application of all) General provisions on the protection of health in the

employment and medical care, which have importance for sailors, as well as

Special provisions for work on ships for seafarers;



(b)) to be focused on in order to protect the health of seafarers and

medical care as far as possible the same, which shall be accorded the workers on land;



(c) guarantee seafarers the right to visit) doctor in ports where the ship

stops, where feasible;



(d)) to ensure that in conformity with national law and practice

the enlisted Navy seamen between crew members was provided free of charge

medical care and the protection of their health;



e) not to be limited to treatment of sick or injured seafarers,

but they also include preventive measures and pay special

attention to the development of programmes on health promotion and health education,

so to be able to contribute to the sailors činně reduce the occurrence of

the disease, which may be affected.



Article 5



1. Every ship to which this Convention applies, shall have on board

first-aid kit.



2. contents of the maritime first-aid kits and medical equipment, which must be on the

a ship, the competent authority, taking into account factors such as the

for example, the type of ship, the number of persons on board and the nature, destination and duration

the path.



3. When establishing or amending national provisions on the contents of the ship's

first aid kits and medical facilities, which must be on board, the competent

the authority shall take into account the international recommendations, that things relate,

for example, to the latest issue as international medical guide for

the ship and the list of major drugs, published by the World Health

organizations, as well as advances in medical knowledge and to a recognised

methods of the treatment.



4. The ship's medicine chest and its contents, as well as medical facilities, which

to be on the boat, they are to be properly maintained and periodically tested and certified in

periods not exceeding 12 months, by responsible persons designated by the

the competent authority, which will be produced by pharmaceuticals and přezkušovat period

the conditions for their storage.



5. the competent authority should take care to ensure that the contents of the boat first aid kit was

drawn up and marked with labels with the kinds of names next to the brand name,

expiratory duration and conditions of storage and corresponded to the medical manual

the nationally used.



6. the competent authority shall ensure that, if the load is marked as dangerous,

not included in the latest edition of the Medical first aid guide in

accidents caused by dangerous goods published by the international maritime

organizations, to captain, sailors and other interested parties have had to

the necessary information on the nature of the substances, the dangers with them

United, on the necessary, appropriate personal protective AIDS

medical procedures and special surveys. Such special

tours and personal protective equipment to be on board, whenever

transports the dangerous goods.



7. in cases of necessity and when a medicine prescribed by qualified medical

personnel for a seafarer is not in the ship's medicine cabinet, a shipowner has

take all measures to ensure that it received as soon as possible.



Article 6



1. Every ship to which this Convention applies shall be fitted with a ship

medical manual established by the competent authority.



2. the Medical Guide should explain how the contents of the ship should be taken

first aid kits, and be designed to enable persons other than medical doctors

to provide care for sick or injured on board, after consultation with the doctor

made using a radio or satellite, or without it.



3. in adopting or changing the ship's medical guide, the competent authority has

take into account international recommendations in this field, such as to

the latest edition of the International ship's medical guide and the manual of

the provision of necessary medical assistance at accidents caused by dangerous

goods.



Article 7



1. the competent authority is to ensure a predetermined way that medical

deliberations of the ships through radio or satellite, including meetings

with specialists, will be available at any hour of the day or night.



2. medical advice, including the transfer of medical communication

through radio or satellite between the ship and the persons on the land that

they give advice to be provided free of charge to all ships, whether they are

written on any territory.



3. In order to ensure the best use of the equipment available for

medical advice by radio or satellite:



and ship to) all of which are covered by this Convention and that are equipped with

radio equipment, to have a complete list of the radio stations, from which

medical advice can be obtained;



(b)) all ship to which this Convention applies and which are equipped with

communication by satellite-based system, they have to have a complete list of

coastal stations through which medical advice can be obtained;



c) lists must correspond to the State and to be deposited with the person

responsible for the connection.



4. the Staff of the ship that is requesting medical advice by radio

or the satellite must be trained in the use of the ship's medical guide and

the medical section of the last edition of the international code of signals

published the International Maritime Organization, to understand the type of


the information which needs the doctor providing the advice, as well as the Council, which

He received.



5. the competent authority is to ensure that doctors providing medical advice

According to this article, get appropriate training and were informed about the

conditions on the ship.



Article 8



1. Every ship with a hundred or more sailors on board, is the subject of

This Convention, which are typically used for international voyages lasting

For more than three days, the crew is to have one doctor in charge

medical care.



2. National laws or regulations should specify, in particular with a view to

facts, such as the length, nature and condition of the path and

the number of seafarers, that other ships are to have the doctor as a member of the crew.



Article 9



1. Every ship to which this Convention applies and who is not on board

any doctor, a member of the crew must have one or more individuals

in the course of their normal duties entrusted with the medical care and also

the administration of drugs.



2. Persons who are entrusted with the medical care on board who are not

doctors had to successfully complete a course of theoretical and practical training

in the provision of medical treatment approved by the competent authorities. This course has

include:



and the ship's deadweight) less than 1600 gross tons, which normally are with

It achieved specialist medical care and medical facilities within eight

hours, basic training, that will enable such persons to provide immediate

and effective medical treatment and use of medical advice provided by

through radio or satellite in case of accidents or illnesses that

may occur on the ship;



(b)) for all other ship higher medical training, containing

practical training in a hospital for acute or for injuries,

If it is possible, and training in such procedures to save the life,

as intravenosní therapie, that will enable such persons effectively

participate in the co-ordinated programmes of medical treatment on board ships on

the sea and provide medical care to the sick and wounded at a satisfactory

at the time that will probably remain on the ship. Whenever

possible, such training should be provided under the supervision of a physician

a thorough knowledge and understanding of the health problems of seafarers and

their profession, including expertise on medical services

provided via radio or satellite.



3. the Courses referred to in this article are based on the most recent edition of the

International medical guide for ships, the International Handbook on the first

assistance in cases of accidents with dangerous goods, International directives on

maritime training issued by the International Maritime Organization and

the medical section of the international code of signals as well as similar

national guides.



4. persons referred to in paragraph 2 of this article and all the other sailors

the determination by the competent authority must roughly once every five years to attend

the courses, which will allow them to maintain and increase their knowledge and

expertise and be at the level of the new development.



5. All seafarers should receive during their vocational training

briefing on the measures to be taken immediately in the accident

or other urgent medical case, which occurred on the ship.



6. in addition to one or more persons, paragraph 2 of this article and all the

determination of the competent authority of the other sailors must roughly once every five

years attending courses, which enable them to maintain and increase their

knowledge and expertise, and to be at the level of the new development.



5. All seafarers should receive during their vocational training

briefing on the measures to be taken immediately in the accident

or other urgent medical case, which occurred on the ship.



6. in addition to one or more persons under 2 of this article and all the others

seafarers designated by the competent authority must roughly once every five years

attend courses to enable them to maintain and increase their

knowledge and expertise, and to be at the level of the new development.



5. All seafarers should receive during their vocational training

briefing on the measures to be taken immediately in the accident

or other urgent medical case, which occurred on the ship.



6. in addition to one or more persons responsible for health care on the ship, one

or more established members of the crew is to receive basic medical

training that allows them to take immediate and effective action in the event of

an accident or illness that may occur on the ship.



Article 10



Every ship to which this Convention applies should, if possible, provide

all possible medical assistance to other ships that have requested it.



Article 11



1. On every ship of 500 or more gross tons with 15 or more

sailors and entrepreneurial path of lasting longer than three days, has to be

secured a separate space for the sick. The competent authority may lay down

exceptions from this provision for the ship designed for coastal shipping.



2. This article shall, where appropriate and feasible, it's on

the ship with a carrying capacity of up to 500 gross tonnes 200 and the tugs.



3. This article shall not apply to ships primarily propelled by sail.



4. space for the sick must be positioned so that it was easy

access to the sick were comfortably retained and to be able to receive

the necessary care in any weather.



5. space for the sick has to be arranged in order to allow for consultation and

first aid supplies.



6. The entrance, berths, lighting, ventilation, heating and water supply should

be designed to ensure the comfort and facilitate the treatment of

the sick.



7. the competent authority shall determine the number of beds in the room for the sick.



8. the toilets for the exclusive need for patients will be placed in the room for

sick or in its immediate vicinity.



9. space for the sick may be used only for the treatment of patients.



Article 12



1. the competent authority shall, for the need for doctors on the ship, captains or

persons responsible for medical care on board ship and the hospitals and doctors on land

standard form medical reports for mariners.



2. the standard form should be drawn up so as to facilitate the exchange of

medical and related information concerning individual seafarers between ship

and on the stump in case of illness or accident.



3. the information in the medical report is to be treated as confidential and may only have

be used only to facilitate the modalities of the treatment of seafarers.



Article 13



1. Member States shall, in respect of which this Convention is in force, they have each other

cooperate in promoting the seafarers ' health and medical care

on board ships.



2. This cooperation should focus:



and) on the development and coordination of search and rescue measures and

organizing a rapid medical assistance and evacuation at sea for the seriously

ill or injured on a ship by using such means as are

for example, a system of regular reports on the position of the ship, rescue

the coordination centre and rescue services using helicopters in accordance with

the provisions of the International Convention of 1979 on search and rescue at sea,

as well as according to the Manual for the search and rescue for the merchant ship, and according to the

Guide NUMBER for search and rescue, drawn up by the international maritime

organisations;



(b)) on the best use of the fishing vessels on which the doctor, and

stationary vessels at sea that can provide space for

the sick and the life-saving appliances;



(c)) on the Assembly and other leadership of the international list of doctors and

available devices for medical treatment, which throughout the world are to

available for the provision of medical care to seafarers where necessary;



(d)) on landing in ports of the seafarers where necessary;



(e) repatriation of seafarers) hospitalized abroad as soon as it can be

take place, according to the opinion of the treating physicians with regard to

the wishes and needs of seaman;



(f)) to ensure personal assistance to seafarers during repatriation by

the opinion of the treating doctors taking into account the wishes and needs of the

seaman;



(g) establishment of a test) to health centres for seafarers

responsible for the



I) the implementation of the survey on the health status, medical treatment and about

preventive health care of seafarers;



(ii) training of medical staff and) staff health services in

maritime medicine;



(h)), on the collection and the analysis of statistical data on occupational

accidents at work, occupational diseases and deaths of seafarers and on their integration

to any national system of statistics on occupational accidents,

occupational diseases and deaths of other categories of workers and their

harmonisation;



I) on organizing international exchanges of technical information,

the training material and teaching staff, as well as international

training courses, seminars and working groups;



(j)) on the security of medical services and medical, therapeutic and

preventive services to all seafarers especially designed for them, in

ports, or for the provision of general health medical

services and rehabilitation;



k) on transportation of dead bodies or ashes of deceased seafarers, in

country according to the wishes of their closest relatives.




3. international cooperation in the field of health protection and medical care

Mariners should be based on bilateral or multilateral agreements

or meetings between the Member States.



Article 14



The formal ratifications of this Convention shall be communicated to the Director-

The International Labour Office and written by him.



Article 15



1. this Convention undertakes to only the Member States of the international organization

labour, whose ratification has been registered by the Director General.



2. Shall take effect twelve months after the date the Director writes

the ratification of the two Member States.



3. For each Member State, this Convention shall take effect twelve months

from the date on which its ratification has been registered.



Article 16



1. each Member which has ratified this Convention may denounce it

After the expiration of ten years from the date on which this Convention first acquired

the effectiveness of written communication, the Director General of the International Office

work that is writes. Denunciation shall take effect one year after the date on which the

It was registered.



2. each Member State that has ratified this Convention and which does not apply

rights to terminate her under this article during the year following

the expiry of the period of ten years, as indicated in the previous paragraph, the

bound by the Convention for the next ten-year period and then it will be able to terminate

on the expiry of the 10-year period, under the conditions laid down in this

article.



Article 17



1. the Director General of the International Labour Office shall notify all Member

States, the International Labour Organisation the ratification of, and writing all the testimony,

members of the Organization shall communicate to him.



2. When the Member States of the Organization to communicate to write the second

the ratification was announced to him, General Manager notifies Member

States of the Organization to the date when this Convention enters into force.



Article 18



Director General of the International Labour Office shall notify the

the Secretary-General of the United Nations for registration in accordance with article 102 the Charter of the United

Nations full particulars of all ratifications and denunciations that enrolled

under the provisions of the preceding articles.



Article 19



Always, if deemed necessary, the Governing Board of the International Office

work shall submit to the General Conference a report on the implementation of this Convention, and

examine whether it is advisable to put on the agenda of the General Conference

the question of its full or partial revision.



Article 20



1. the General Conference adopt a new Convention revising all or

partly this Convention and does not appoint a new Convention:



and the new Convention revising) the ratification by a Member State will result ipso jure

immediate denunciation of this Convention, notwithstanding the provisions of article 16,

with the proviso that the new revising Convention enters into force;



(b)), from the time when the new revising Convention enters into force, this Convention

Member States shall cease to be open to ratification.



2. This Convention shall remain in force both in form and content for those

Member States which have ratified it, and that have not ratified the revising

the Convention.



Article 21



The English and French texts of this Convention are equally authentic.