The Norwegian Sea Health Conference 2014, Bergen, 27-28th August 2014

1. ETHICAL DILEMMAS OF
MEDICAL EXAMINATION
Ship safety and seafarers individual rights
- how do shipowners deal with the
possible conflicts

2. SHIP SAFETY
The Ship Safety and Security Act
General duties of the company (sec. 6)
The company has an overall duty to see to that the operation of the ship is in accordance with the rules.
The company shall take steps to ensure that all the persons working on board have the opportunity to fulfill their obligations under the law.
Based on international principles.

3. SEAFARERS’ INDIVIDUAL RIGHTS
Starting point
The seafarers employment contract – the seafarer has a right and a duty to work on board –
Two perspectives: Where the seafarer wishes to work, and where he/she does not want to work

4. HEALTH REQUIREMENTS TO WORK ON BOARD
“Any person who is working on board must be physically and mentally fit for the service and not pose a danger to other persons on board.
The employee shall present a health certificate that states that the conditions of the first sentence are fulfilled, and shall be required to submit to medical examination whenever the master considers that there are reasons for this to be done.”
Valid health certificate - condition for employment
Health certificate sufficient to fulfill the safety ne requirements for the operation og the ship =
no dilemmas (?)

5. POSSIBLE CONFLICTS
Pre employment – no employment without health certificate
While employed – certificate not renewed/permanently withdrawn – seafarer might be dismissed if not on sick leave, or if on sick leave after 12 months
The dilemma situation – health certificate not reflecting the seafarers health ( physically and mentally fit)
The ship safety must prevail against seafarers’ individual rights ?

6. HEALTH CERTIFICATE AND SEAFARER’S SELF-DECLARATION
Duty of loyalty - based on the idea that an employer should be able to trust an employee
The employer does not have access to the information on which the medical certificate is based
Often limited time – a decision has to be taken, and the legal consequences decided later
Loss of license Insurance (8G) - may only
be paid out once

7. SUFFICIENT HEALTH REQUIREMENTS
Ship labour act – age limit changed from 62 to 70 years
Will the medical examination be sufficient to discover possible health problems likely to appear with increasing age?

8. HAP@REDERI.NO