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防止海员工伤事故公约 CONVENTION No. 134 Convention concerning the Prevention of Occupa-tional Accidents to Seafarers

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第134号公约
颁布日期:19701030  实施日期:19730217  颁布单位:日内瓦

  [Date of coming into force: 17 February 1973.]

  The General Conference of the International Load Organization,

  Having been convened at Geneva by the Governing Body of theInternational labour Office, and having met in its Fifty-fifth Session on14 October 1970, and

  Noting the terms of existing international labour Conventions andRecommendations applicable to work on board ship and in port and relevantto the prevention of occupational accidents to seafarers, and inparticular of the Labour Inspection (Seamen) Recommendation, 1926, thePrevention of Industrial Accidents Recommendation, 1929, the Protectionagainst Accidents (Dockers) Convention (Revised), 1932, the MedicalExamination (Seafarers) Convention, 1946, and the Guarding of MachineryConvention and Recommendation, 1963, and

  Noting the terms of the Safety of Life at Sea Convention, 1960, andthe Regulations annexed to the International Load Line Convention asrevised in 1966, which provide for a number of safety measures on boardship which provide protection for persons employed thereon, and

  Having decided upon the adoption of certain proposals with regard toaccident prevention on board ship at sea and in port, which is the fifthitem on the agenda of the session, and

  Having determined that these proposals shall take the form of aninternational Convention, and

  Noting that, for the success of action in the field of accidentprevention on board ship, it is important that close co-operation bemaintained in their respective fields between the International LabourOrganization and the Inter-Governmental Maritime ConsultativeOrganization, and

  Noting that the following standards have accordingly been framed withthe co-operation of the Inter-Governmental Maritime ConsultativeOrganization, and that it is proposed to seek its continuing co-operationin the application of these standards, adopts this thirtieth day ofOctober of the year one thousand nine hundred and seventy the followingConvention, which may be cited as the Prevention of Accidents (Seafarers)Convention, 1970:

  Article 1

  1. For the purpose of this Convention, the term “seafarer” covers allpersons who are employed in any capacity on board a ship, other than aship of war, registered in a territory for which the Convention is inforce and ordinarily engaged in maritime navigation.

  2. In the event of any doubt whether any categories of persons are tobe regarded as seafarers for the purpose of this Convention, the questionshall be determined by the competent authority in each country afterconsultation with the shipowners' and seafarers' organizations concerned.

  3. For the purpose of this Convention, the term “occupationalaccidents” covers accidents to seafarers arising out of or in the courseof their employment.

  Article 2

  1. The competent authority in each maritime country shall take thenecessary measured to ensure that occupational accidents are adequatelyreported and investigated, and comprehensive statistics of such accidentskept and analysed.

  2. All occupational accidents shall be reported and statistics shallnot be limited to fatalities or to accidents involving the ship.

  3. The statistics shall record the numbers, nature, caused and effectsof occupational accidents, with a clear indication of the department onboard ship-for instance, deck, engine or catering-and of the area-forinstance, at sea or in port-where the accident occurred.

  4. The competent authority shall undertake an investigation into thecauses and circumstances of occupational accidents resulting in loss oflife or serious personal injury, and such other accidents as may bespecified in national laws or regulations.

  Article 3

  In order to provide a sound basis for the prevention of accidentswhich are due to particular hazards of maritime employment, research shallbe undertaken into general trends and into such hazards as are brought outby statistics.

  Article 4

  1. Provisions concerning the prevention of occupational accidentsshall be laid down by laws or regulations, codes of practice or otherappropriate means.

  2. These provisions shall refer to any general provisions on theprevention of accidents and the protection of health in employment whichmay be applicable to the work of seafarers, and shall specify measuresfor the prevention of accidents which are peculiar to maritime employment.

  3. In particular, these provisions shall cover the following matters:

  (a) general and basic provisions;

  (b) structural features of the ship;

  (c) machinery;

  (d) special safety measures on and below deck;

  (e) loading and unloading equipment;

  (f) fire prevention and fire-fighting;

  (g) anchors, chains and lines;

  (h) dangerous cargo and ballast;

  (i) personal protective equipment for seafarers.

  Article 5

  1. The accident prevention provisions referred to in Article 4 shallclearly specify the obligation of shipowners, seafarers and othersconcerned to comply with them.

  2. Generally, any obligation on the shipowner to provide protectiveequipment or other accident prevention safeguards shall be accompanied byprovision for the use of such equipment and safeguards by seafarers and arequirement that they comply with the relevant accident preventionmeasures.

  Article 6

  1. Appropriate measures shall be taken to ensure the properapplication of the provisions referred to in Article 4, by means ofadequate inspection or otherwise.

  2. Appropriate measures shall be taken to ensure compliance with theseprovisions.

  3. All necessary steps shall be taken to ensure that inspection andenforcement authorities are familiar with maritime employment and itspractices.

  4. In order to facilitate application, copies or summaries of theprovisions shall be brought to the attention of seafarers, for instance bydisplay in a prominent position on board ship.

  Article 7

  Provision shall be made for the appointment, from amongst the crew ofthe ship, of a suitable person or suitable persons or of a suitablecommittee responsible, under the Master, for accident prevention.

  Article 8

  1. Programmes for the prevention of occupational accidents shall beestablished by the competent authority with the co-operation ofshipowners' and seafarers' organizations.

  2. Implementation of such programmes shall be so organized that thecompetent authority, shipowners and seafarers or their representativesand other appropriate bodies may play an active part.

  3. In particular, national or local joint accident preventioncommittees or ad hoc working parties, on which both shipowners' andseafarers' organizations are represented, shall be established.

  Article 9

  1. The competent authority shall promote and, in so far as appropriateunder national conditions, ensure the inclusion, as part of theinstruction in professional duties, of instruction in the prevention ofaccidents and in measures for the protection of health in employment inthe curricula, for all categories and grades of seafarers, of vocationaltraining institutions.

  2. All appropriate and practicable measures shall also be taken tobring to the attention of seafarers information concerning particularhazards, for instance by means of official notices containing relevantinstructions.

  Article 10

  Members, with the assistance as appropriate of intergovernmental andother international organizations, shall endeavour, in co-operation witheach other, to achieve the greatest possible measure of uniformity ofother action for the prevention of occupational accidents.

  Article 11

  The formal ratifications of this Convention shall be communicated tothe Director-General of the International Labour Office for registration.

  Article 12

  1. This Convention shall be binding only upon those Members of theInternational Labour Organization whose ratifications have been registeredwith the Director-General.

  2. It shall come into force twelve months after the date on which theratifications of two Members have been registered with theDirector-General.

  3. Thereafter, this Convention shall come into force for any Membertwelve months after the date on which its ratification has beenregistered.

  Article 13

  1. A Member which has ratified this Convention may denounce it afterthe expiration of ten years from the date on which the Convention firstcomes into force, by an act communicated to the Director-General of theInternational Labour Office for registration. Such denunciation shall nottake effect until one year after the date on which it is registered.

  2. Each Member which has ratified this Convention and which does not,within the year following the expiration of the period of ten yearsmentioned in the preceding paragraph, exercise the right of denunciationprovided for in this Article, will be bound for another period of tenyears and, thereafter, may denounce this Convention at the expiration ofeach period of ten years under the terms provided for in this Article.

  Article 14

  1. The Director-General of the International Labour Office shallnotify all Members of the International Labour Organization of theregistration of all ratifications and denunciations communicated to him bythe Members of the Organization.

  2. When notifying the Members of the Organization of the registrationof the second ratification communicated to him, the Director-General shalldraw the attention of the Members of the Organization to the date uponwhich the Convention will come into force.

  Article 15

  The Director-General of the International Labour Office shallcommunicate to the Secretary-General of the United Nations forregistration in accordance with Article 102 of the Charter of the UnitedNations full particulars of all ratifications and acts of denunciationregistered by him in accordance with the provisions of the precedingArticle.

  Article 16

  At such times as it may consider necessary the Governing Body of theInternational Labour Office shall present to the General Conference areport on the working of this Convention and shall examine thedesirability of placing on the agenda of the Conference the question ofits revision in whole or in part.

  Article 17

  1. Should the Conference adopt a new Convention revising thisConvention in whole or in part, then, unless the new Convention otherwiseprovides

  (a) the ratification by a Member of the new revising Conventionshall ipso jure involve the immediate denunciation of this Convention,notwithstanding the provisions of Article 13 above, if and when the newrevising Convention shall have come into force;

  (b) as from the date when the new revising Convention comes intoforce this Convention shall cease to be open to ratification by theMembers.

  2. This Convention shall in any case remain in force in its actualform and content for those Members which have ratified it but have notratified the revising Convention.

  Article 18

  The English and French versions of the text of this Convention areequally authoritative.

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