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海员保健医疗公约 CONVENTION No.164 Convention concerning Health Protection andMedical Care for Seafarers

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第164号公约
颁布日期:19871008  颁布单位:日内瓦

  The General Conference of the International Labour Organization,

  Having been convened at Geneva by the Governing Body of theInternational Labour Office, and having met in its Seventy-fourth Sessionon 24 September 1987, and

  Noting the provisions of the Medical Examination (Seafarers)Convention, 1946, the Accommodation of Crews Convention (Revised), 1949,the Accommodation of Crews (Supplementary Provisions) Convention, 1970,the Ships' Medicine Chests Recommendation, 1958, the Medical Advice atSea Recommendation, 1958, and the Prevention of Accidents (Seafarers)Convention and Recommendation, 1970, and

  Noting the terms of the International Convention on Standards ofTraining, Certification and Watchkeeping for Seafarers, 1978, as regardstraining in medical aid in the case of accidents or illnesses that arelikely to occur on board ship, and

  Noting that for the success of action in the field of healthprotection and medical care for seafarers, it is important that closeco-operation be maintained in their respective fields between theInternational Labour Organization, the International Maritime Organizationand the World Health Organization, and

  Noting that the following standards have accordingly been framed withthe co-operation of the International Maritime Organization and the WorldHealth Organization, and that it is proposed to seek their continuingco-operation in the application of these standards, and

  Having decided upon the adoption of certain proposals with regard tohealth protection and medical care for seafarers, which is the fourth itemon the agenda of the session, and

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

  adopts this eighth day of October of the year one thousand ninehundred and eighty-seven the following Convention which may be cited asthe Health Protection and Medical Care (Seafarers) Convention, 1987:Article 1

  1. This Convention applies to every seagoing ship whether publicly orprivately owned, which is registered in the territory of any Member forwhich the Convention is in force and which is ordinarily engaged incommercial maritime navigation.

  2. To the extent it deems practicable, after consultation with therepresentative organizations of fishing-vessel owners and fishermen, thecompetent authority shall apply the provisions of this Convention tocommercial maritime fishing.

  3. In the event of doubt as to whether or not any ships are to beregarded as engaged in commercial maritime navigation or commercialmaritime fishing for the purpose of this Convention, the question shallbe determined by the competent authority after consultation with theorganizations of shipowners, seafarers and fishermen concerned.

  4. For the purpose of this Convention the term “seafarer” means anyperson who is employed in any capacity on board a seagoing ship to whichthis Convention applies.Article 2

  Effect shall be given to this Convention by national laws orregulations, collective agreements, works rules, arbitration awards orcourt decisions or other means appropriate to national conditions.Article 3

  Each Member shall by national laws or regulations make shipownersresponsible for keeping ships in proper sanitary and hygienic conditions.Article 4

  Each Member shall ensure that measures providing for health protectionand medical care for seafarers on board ship are adopted which——

  (a) ensure the application to seafarers of any general provisionson occupational health protection and medical care relevant to theseafaring profession, as well as of special provisions peculiar to work onboard;

  (b) aim at providing seafarers with health protection and medicalcare as comparable as possible to that which is generally available toworkers ashore;

  (c) guarantee seafarers the right to visit a doctor without delayin ports of call where practicable;

  (d) ensure that, in accordance with national law and practice,medical care and health protection while a seafarer is serving on articlesare provided free of charge to seafarers;

  (e) are not limited to treatment of sick or injured seafarers butinclude measures of a preventive character, and devote particularattention to the development of health promotion and health educationprogrammes in order that seafarers themselves may play an active part inreducing the incidence of ill-health among their number.Article 5

  1. Every ship to which this Convention applies shall be required tocarry a medicine chest.

  2. The contents of the medicine chest and the medical equipmentcarried on board shall be prescribed by the competent authority takinginto account such factors as the type of ship, the number of persons onboard and the nature, destination and duration of voyages.

  3. In adopting or reviewing the national provisions concerning thecontents of the medicine chest and the medical equipment carried on board,the competent authority shall take into account internationalrecommendations in this field, such as the most recent edition of theinternational Medical Guide for Ships and the List of Essential Drugspublished by the World Health Organization, as well as advances in medicalknowledge and approved methods of treatment.

  4. The medicine chest and its contents as well as the medicalequipment carried on board shall be properly maintained and inspected atregular intervals, not exceeding 12 months, by responsible personsdesignated by the competent authority, who shall ensure that the expirydates and conditions of storage of all medicines are checked.

  5. The competent authority shall ensure that the contents of themedicine chest are listed and labelled with generic names in addition toany brand names used, expiry dates and conditions of storage, and thatthey conform to the medical guide used nationally.

  6. The competent authority shall ensure that where a cargo which isclassified dangerous has not been included in the most recent edition ofthe Medical First Aid Guide for Use in Accidents involving Dangerous Goodspublished by the International Maritime Organization, the necessaryinformation on the nature of the substances, the risks involved, thenecessary personal protective devices, the relevant medical procedures andspecific antidotes is made available to the master, seafarers and otherinterested persons. Such specific antidotes and personal protectivedevices shall be on board whenever dangerous goods are carried.

  7. In cases of urgent necessity and when a medicine prescribed byqualified medical personnel for a seafarer is not available in themedicine chest, the shipowner shall take all necessary steps to obtain itas soon as possible.Article 6

  1. Every ship to which this Convention applies shall be required tocarry a ship's medical guide adopted by the competent authority.

  2. The medical guide shall explain how the contents of the medicinechest are to be used and shall be designed to enable persons other than adoctor to care for the sick or injured on board both with and withoutmedical advice by radio or satellite communication.

  3. In adopting or reviewing the ship's medical guide used nationally,the competent authority shall take into account internationalrecommendations in this field, including the most recent edition of theInternational Medical Guide for Ships and the Medical First Aid Guide forUse in Accidents involving Dangerous Goods.Article 7

  1. The competent authority shall ensure by a prearranged system thatmedical advice by radio or satellite communication to ships at sea,including specialist advice, is available at any hour of the day or night.

  2. Such medical advice, including the onward transmission of medicalmessages by radio or satellite communication between a ship and thoseashore giving the advice, shall be available free of charge to all shipsirrespective of the territory in which they are registered.

  3. With a view to ensuring that optimum use is made of facilitiesavailable for medical advice by radio or satellite communication——

  (a) all ships to which this Convention applies which are equippedwith radio installations shall carry a complete list of radio stationsthrough which medical advice can be obtained;

  (b) all ships to which this Convention applies which are equippedwith a system of satellite communication shall carry a complete list ofcoast earth stations through which medical advice can be obtained;

  (c) the lists shall be kept up to date and in the custody of theperson on board responsible for communication duties.

  4. Seafarers on board requesting medical advice by radio or satellitecommunication shall be instructed in the use of the ship's medical guideand the medical section of the most recent edition of the InternationalCode of Signals published by the International Maritime Organization so asto enable them to understand the type of information needed by theadvising doctor as well as the advice received.

  5. The competent authority shall ensure that doctors providing medicaladvice in accordance with this Article receive appropriate training andare aware of shipboard conditions.Article 8

  1. All ships to which this Convention applies carrying 100 or moreseafarers and ordinarily engaged on international voyages of more thanthree days' duration shall carry a medical doctor as a member of the crewresponsible for providing medical care.

  2. National laws or regulations shall determine which other shipsshall be required to carry a medical doctor as a member of the crew,taking into account, inter alia, such factors as the duration, nature andconditions of the voyage and the number of seafarers on board.Article 9

  1. All ships to which this Convention applies and which do not carry adoctor shall carry as members of the crew one or more specified persons incharge of medical care and the administering of medicines as part of theirregular duties.

  2. Persons in charge of medical care on board who are not doctorsshall have satisfactorily completed a course approved by the competentauthority of theoretical and applied training in medical skills. Thiscourse shall comprise——

  (a) for ships of less than 1 600 gross tonnage which ordinarilyare capable of reaching qualified medical care and medical facilitieswithin eight hours, elementary training which will enable such persons totake immediate, effective action in case of accidents or illnesses likelyto occur on board ship and to make use of medical advice by radio orsatellite communication;

  (b) for all other ships, more advanced medical training, includingpractical training in the emergency/casualty department of a hospitalwhere practicable and training in life-saving techniques such asintravenous therapy, which will enable the persons concerned toparticipate effectively in co-ordinated schemes for medical assistance toships at sea, and to provide the sick or injured with a satisfactorystandard of medical care during the period they are likely to remain onboard. Wherever possible, this training shall be provided under thesupervision of a physician with a thorough knowledge and understanding ofthe medical problems and circumstances relating to the seafaringprofession, including expert knowledge of radio or satellite communicationmedical services.

  3. The courses referred to in this Article shall be based on thecontents of the most recent edition of the International Medical Guide forShips, the Medical First Aid Guide for use in Accidents involvingDangerous Goods, the Document for Guidance-An International MaritimeTraining Guide published by the International Maritime Organization, andthe medical section of the International Code of Signals as well assimilar national guides.

  4. Persons referred to in paragraph 2 of this Article and such otherseafarers as may be required by the competent authority shall undergorefresher courses to enable them to maintain and increase their knowledgeand skills and to keep abreast of new developments, at approximatelyfive-year intervals.

  5. All seafarers, during their maritime vocational training, shallreceive instruction on the immediate action that should be taken onencountering an accident or other medical emergency on board.

  6. In addition to the person or persons in charge of medical care onboard, a specified crew member or crew members shall receive elementarytraining in medical care to enable him or them to take immediate effectiveaction in case of accidents or illnesses likely to occur on board ship.Article 10

  All ships to which this Convention applies shall provide all possiblemedical assistance, where practicable, to other vessels which may requestit.Article 11

  1. In any ship of 500 or more gross tonnage, carrying 15 or moreseafarers and engaged in a voyage of more than three days' duration,separate hospital accommodation shall be provided. The competent authoritymay relax this requirement in respect of ships engaged in coastal trade.

  2. In any ship of between 200 and 500 gross tonnage and in tugs thisArticle shall be applied where reasonable and practicable.

  3. This Article does not apply to ships primarily propelled by sail.

  4. The hospital accommodation shall be suitably situated, so that itis easy of access and so that the occupants may be comfortably housed andmay receive proper attention in all weathers.

  5. The hospital accommodation shall be so designed as to facilitateconsultation and the giving of medical first aid.

  6. The arrangement of the entrance, berths, lighting, ventilation,heating and water supply shall be designed to ensure the comfort andfacilitate the treatment of the occupants.

  7. The number of hospital berths required shall be prescribed by thecompetent authority.

  8. Water closet accommodation shall be provided for the exclusive useof the occupants of the hospital accommodation, either as part of theaccommodation or in close proximity thereto.

  9. Hospital accommodation shall not be used for other than medicalpurposes.Article 12

  1. A standard medical report form for seafarers shall be adopted bythe competent authority as a model for use by ships' doctors, masters orpersons in charge of medical care on board and hospitals or doctorsashore.

  2. The form shall be specially designed to facilitate the exchange ofmedical and related information concerning individual seafarers betweenship and shore in cases of illness or injury.

  3. The information contained in the medical report form shall be keptconfidential and shall be used for no other purpose than to facilitate thetreatment of seafarers.Article 13

  1. Members for which this Convention is in force shall co-operate withone another in promoting protection of the health of seafarers and medicalcare for them on board ship.

  2. Such co-operation might cover the following matters:

  (a) developing and co-ordinating search and rescue efforts andarranging prompt medical help and evacuation at sea for the seriously illor injured on board a ship through such means as periodic ship positionreporting systems, rescue co-ordination centres and emergency helicopterservices, in conformity with the provisions of the InternationalConvention of Maritime Search and Rescue, 1979, and the Merchant ShipSearch and Rescue Manual and IMO Search and Rescue Manual developed by theInternational Maritime Organization;

  (b) making optimum use of fishing vessels carrying a doctor andstationing ships at sea which can provide hospital and rescue facilities;

  (c) compiling and maintaining an international list of doctors andmedical care facilities available world-wide to provide emergency medicalcare to seafarers;

  (d) landing seafarers in port for emergency treatment;

  (e) repatriating seafarers hospitalised abroad as soon aspracticable, in accordance with the medical advice of the doctorsresponsible for the case, which takes into account the seafarer's wishesand needs;

  (f) arranging personal assistance for seafarers duringrepatriation, in accordance with the medical advice of the doctorsresponsible for the case, which takes into account the seafarer's wishesand needs;

  (g) endeavouring to set up health centres for seafarers to——

  (i) conduct research on the health status, medical treatmentand preventive health care of seafarers;

  (ii) train medical and health service staff in maritimemedicine;

  (h) collecting and evaluating statistics concerning occupationalaccidents, diseases and fatalities to seafarers and integrating andharmonising them with any existing national system of statistics onoccupational accidents, diseases and fatalities covering other categoriesof workers;

  (i) organising international exchanges of technical information,training material and personnel, as well as international trainingcourses, seminars and working groups;

  (j) providing all seafarers with special curative and preventivehealth and medical services in port, or making available to them generalhealth, medical and rehabilitation services;

  (k) arranging for the repatriation of the bodies or ashes, inaccordance with the wishes of the next of kin, of deceased seafarers assoon as practicable.

  3. International co-operation in the field of health protection andmedical care for seafarers shall be based on bilateral or multilateralagreements or consultations among Members.Article 14

  The formal ratifications of this Convention shall be communicated tothe Director-General of the International Labour Office for registration.Article 15

  1. This Convention shall be binding only upon those Members of theInternational Labour Organization whose ratifications have been registeredwith 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 16

  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 17

  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 18

  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 precedingArticles.Article 19

  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 20

  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 16 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 21

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

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