MLC, 2006: Title 1 Minimum requirements for seafarers to work on a ship

Below are some of the  important provisions from Title 1 Minimum requirements for seafarers to work on a ship. Minimum Age (Regulation 1.1)  Minimum age to be employed or engaged to work on a ship is 16 years of age. Employment of any person under 16 years of age is prohibited. (Regulation 1.1 and A1.1.1) Seafarers under the age of 18 shall be prohibited to do night work or where work is likely to jeopardise their safety or health. The definition of what constitutes 'Night' work shall be defined in accordance with national law and practice but must cover a period of at least 9 hours starting no later than midnight and ending no earlier than 5 a.m. Types of work that would jeopardise safety or health shall be determined by national laws or regulations. Possible exceptions to night work may be allowed by the competent authority, for example, young seafarers (cadets) for training purposes in connection with recognised training programmes where they are required to perform night duties etc. (A1.1.2  and A1.1.3 and A1.1.4) Medical Certificate (Regulation 1.2) Seafarers must hold a valid medical certificate for a maximum period of 2 years unless the seafarer is under the age of 18 where maximum period is 1 year. A certificate on colour vision is valid for a maximum of 6 years. These are maximums indicated in MLC, 2006 and a country can have shorter validity periods. Medical certificates issued under the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), shall be accepted by the competent authority, for the purpose of Regulation 1.2 (medical certificate). Seafarers not covered by STCW but are issued with medical certificates meeting the requirements of Regulation 1.2 shall be similarly accepted. (Regulation 1.2 and A1.2.3 and A1.2.7) Medical certificates must be issued by a duly qualified medical practitioner, who enjoys full professional independence in exercising his or her medical judgement in undertaking medical examination procedures (this would not apply to a ship's doctor if he is employed by the shipowner). The competent authority in the flag State should decide who is a duly qualified practitioner for this purpose and also prescribe the nature of the medical examination and certificate after consultation with the shipowners' and seafarers' representatives and taking into consideration the international guidelines (ILO/WHO Guidelines for Conducting Pre-sea and Periodic Medical Fitness Examinations for Seafarers) referred to in Part B of Regulation 1.2. In most cases, the competent authority will issue a list that includes medical practitioners in other countries that it recognises as duly qualified to issue the medical certificate for seafarers working on ships that fly its flag. (A1.2.2 and A1.2.4) If the seafarer's medical certificate expires in the course of a voyage, this certificate shall continue to be in force until the next port of call whereby the seafarer can obtain a medical certificate from a duly qualified medical practitioner, the period of which shall not exceed 3 months (A.1.2.9).  In addition to this, a competent authority in urgent cases, may allow a seafarer in possession of a recently expired dated medical certificate to work until the next port of call, provided that he obtains a medical certificate from a duly qualified medical practitioner not exceeding 3 months at this port of call. (A1.2.8)  Note that there is no standard form for a medical certificate under the MLC, 2006 but under A1.2.6,  it states clearly w...

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Ai Cheng Foo-Nielsen
in Copenhagen, DK

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