Merchant Shipping (Medical Examination) Regulations 1986

going ships other than ships registered in Bermuda when they are in Bermuda port or the territorial waters thereof being ships which are of 1,600 GRT or over, in cluding sea-going tugs, other than fishing vessels, plea sure craft, and offshore installations whilst on their working stations.

Prohibition on employment

4 (1) Subject to paragraph (4) of this regulation, no person shall employ a seafarer in a ship to which these regulations apply unless that seafarer is the holder of a valid medical fitness certificate:

Provided that:

(a) any seafarer who has served at sea at any time during the two years immediately preceding the date on which these regulations come into operation may continue his sea-going employment without such a medical fitness certificate for a period of two years from that date;

(b) any seafarer, the validity of whose certificate expires while he is in a location where medical examination in accordance with these regulations is impracticable, may continue to be employed without such a certificate for a period not exceeding three months from the date of ex piry of such medical certificate.

(2) Subject to paragraph (4) of this regulation, no person shall employ a seafarer in a ship in a capacity or in a geographical area pre cluded by any restriction in that seafarer's medical fitness certificate.

(3) Subject to paragraph (4) of this regulation, no person shall employ a seafarer in a ship carrying chemicals in bulk unless that sea farer is the holder of a valid medical fitness certificate issued in respect of a medical examination undertaken not more than 12 months previ ously, notwithstanding that the period of validity specified in the medical fitness certificate may exceed 12 months.

(4) Paragraphs (1), (2) and (3) of this regulation shall not apply to the employment of—

(a) a pilot (who is not a member of the crew);

(b) a person employed in a ship solely in connection with the construction, alternation, repair or testing of the ship, its machinery or equipment, and not engaged in the navigation of the ship;

(i) the exploration of the seabed or sub-soil or the exploitation of their natural resources;

(ii) the storage of gas in or under the seabed or the recovery of gas so stored; or

(iii) the laying, inspection, testing, repair, alteration, renewal or removal of any submarine telegraph cable, and who is not employed by the owner or the person employing the master of the ship and is not engaged in the navigation of the ship in the deck, engine room, radio, medical or catering department of that ship;

(d) a member of the naval, military or air forces of the Crown or of any service administered by the Defence Council, when acting as such a member;

(e) a person employed in a port who is not ordinarily em ployed at sea; or

(f) a person employed in a ship solely to provide goods, per sonal services or entertainment on board and who is not employed by the owner or the person employing the master of the ship and who has no emergency safety re sponsibilities.

Certificates equivalent to medical fitness certificate

5 (1) Any certificate of medical and visual fitness issued by an approved medical practitioner employed by the General Council of British Shipping to a seafarer in respect of a medical examination con ducted before the date on which these regulations come into operation shall be deemed for the purposes of these regulations to be equivalent to a medical fitness certificate issued under these regulations:

Provided that any such certificate issued by any such practi tioner shall remain valid from the date of the medical examination only for the appropriate maximum period (according to the age of the seafarer) prescribed in regulation 7 or for such lesser period as may be specified in the certificate.

(2) Any medical fitness certificate issued to a seafarer in accor dance with the provisions of the Medical Examination (Seafarers) Con vention 1946 (International Labour Organisation Convention 73 of 1946) or the Merchant Shipping (Minimum Standards) Convention 1976
(International Labour Organisation Convention 147 of 1976):

(a) by an authority empowered in that behalf by the laws of a country outside Bermuda which has ratified the said Convention of 1946 or the said Convention of 1976; or

(b) by an approved authority empowered in that behalf by the laws of a country outside Bermuda, shall be deemed for the purposes of these regulations to be equivalent to a medical fitness certificate issued under these regula tions:

Provided that any certificate issued by any such author ity shall remain in force, unless renewed, only until the expiration of the period of validity specified in that cer tificate.

Issue of medical fitness certificate

6 Every applicant for a medical fitness certificate shall, on pay ment of the prescribed fee, be examined by an approved medical practi tioner and if the practitioner considers that the applicant is fit, having regard to the medical standards specified by the Minister, he shall issue the applicant with a medical fitness certificate in an approved form; and such certificate may be restricted to such capacity of sea service or geo graphical areas as the practitioner considers appropriate.

Period of validity of certificate

7 An approved medical practitioner who issues a medical fitness certificate under regulation 6 shall specify the period of validity, from the date of the medical examination, for which the certificate is to remain in force, subject to the following maximum periods:

(a) in respect of seafarers under 18 years of-age, one year;

(b) in respect of seafarers 18 years of age and under 40 years of age, five years;

Change in medical fitness

8 If an approved medical practitioner 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 his medical fitness certifi cate, he shall notify the seafarer concerned and may—

(a) suspend the validity of that certificate until the seafarer has undergone a further medical examination;

(b) suspend the certificate for such period as he considers the seafarer will remain unfit to go to sea; or

Application for a review

9 (1) A seafarer who is aggrieved by—

(a) the refusal of an approved medical practitioner to issue him with a medical fitness certificate, or

(b) any restriction imposed on such a certificate, or

(c) the suspension for a period of more than three months or cancellation of that certificate by all approved medical practitioner pursuant to regulation 8,

may apply to the Minister for the matter to be reviewed by a single medi cal referee appointed by the Minister:

Provided that an application for such a review may be made only by—

(i) a seafarer who has served at sea at any time during the two years immediately preceding the date on which these regulations come into oper ation; or

(ii) a seafarer who has held a valid medical fitness certificate at any time during the two years im mediately preceding that refusal, imposition of a restriction, suspension or cancellation.

(2) Any such application shall—

(a) be lodged with the Minster within one month of the date of the refusal, imposition of a restriction suspension or cancellation (or such longer period as the Minister may determine) if delay is caused by the seafarer's employ ment on board ship away from Bermuda;

(b) include a consent to the approved medical practitioner responsible for the refusal, imposition of a restriction, suspension or cancellation providing a report to the
medical referee, and specify the name and address of that practitioner; and

(3) The medical referee to whom the matter is referred by the Minister shall obtain a report from the approved medical practitioner by whom the applicant was examined and may examine the medical condi tion of the applicant. The medical referee shall, if the applicant so re quests, disclose to the applicant the report of the approved medical practitioner and any other evidence not produced by the applicant him self except that if the medical referee considers that such disclosure would be harmful to the applicant's health the referee shall not be re quired to make such disclosure. The medical referee shall have regard to any relevant medical evidence, whether produced by the applicant, his employer, or, as the case may be, the Merchant Navy Establishment Ad ministration in the United Kingdom, or otherwise, and whether or not disclosed as aforesaid.

(4) In the light of the medical evidence before him, the medical referee shall, if he considers that the applicant is fit, having regard to the medical standards referred to in regulation 6, issue the applicant with a medical fitness certificate in the approved form. Where the medical ref eree considers that restrictions as to capacity or geographical area other than those imposed on the medical fitness certificate issued to the appli cant should be imposed, or that any restrictions so imposed should be deleted or varied, he shall issue to the applicant a revised medical fitness certificate and the former certificate shall thereupon cease to have effect. In any other case he shall notify the applicant of his decision. Any such action by the medical referee shall be taken not later than two months from the date on which the application for review is lodged with the Minister (which date shall be notified to the medical referee by him) or within such longer period as the Minister may determine.

Records and annual returns

10 Any approved medical practitioner who conducts a medical ex amination in accordance with these regulations shall—

(a) make and retain for six years a record in an approved form of each medical examination which he carries out pursuant to these regulations; and

(b) send to the Minister at his direction a return of all such examinations in the form approved by the Minister (which form so far as the Minister considers practicable shall not include medical information which can be identified as applying to a particular person).

Inspection and detention of a Bermuda ship

11 Any person duly authorised by the Minister may inspect any Bermuda ship to which these regulations apply and if he is satisfied that any seafarer, whose employer is required by regulation 4 of these regula tions to ensure that he is the holder of a medical fitness certificate, is unable to produce a certificate which meets the requirements of that regulation, and the state of his health is such that the ship could not sail without serious risk to the safety and health of those on board, he may detain the ship, but shall not in the exercise of these powers detain or delay the ship unreasonably.

Inspection, detention and other measures in respect of ships other than Bermuda ships

12 (1) Any person duly authorised by the Minister may inspect any ship to which these regulations apply other than a Bermuda ship when the ship is in a Bermuda port, and if he is satisfied that any sea farer is unable to produce a valid medical fitness certificate he may—

(a) send a report to the government of the country in which the ship is registered, and a copy thereof to the Director General of the International Labour Office; and

(b) where conditions on board are clearly hazardous to safety or health—

(i) take such measures as are necessary to rectify those conditions;

(ii) detain the ship:

Provided that the measurer [sic] specified in sub-paragraphs (i) and (ii) may be taken only when the ship has called at a Bermuda port in the normal course of business or for operational reasons.

(2) if he takes either of the measures specified in paragraph (1)(b), the person duly authorised shall forthwith notify the nearest mar itime, consular or diplomatic representative of the flag State of the ship.

(3) The person duly authorised shall not in the exercise of his powers under this regulation unreasonably detain or delay the ship.

Penalties

13 (1) Contravention of regulation 4 by an employer shall be an offence punishable on summary conviction by a maximum fine of an
amount not exceeding two thousand dollars.

(2) In any proceedings for an offence under these regulations it shall be a defence for the employer to show that all reasonable steps had been taken by him to ensure compliance with the regulations.

Commencement

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Bermuda Consolidated Legislation

Merchant Shipping (Medical Examination) Regulations 1986