Solicitud directa (CEACR) - Adopción: 1998, Publicación: 87ª reunión CIT (1999)

Convenio sobre el examen médico de los pescadores, 1959 (núm. 113) - Federación de Rusia (Ratificación : 1969)

The Committee notes the Government's report for the period from 1991 to 1996. It requests the Government to provide further information on the following points:

Article 2 of the Convention. The Committee notes that according to article 154 of the Labour Code of the Russian Federation, the employees engaged in the works related to the movement of transport shall be subject to mandatory preliminary medical examinations at the moment of hiring and to periodical medical examinations. The Commission also notes that section 10 of the temporary list of works which performance requires mandatory preliminary and periodical medical examination, approved by joint Order No. 280/88 of the Ministry of Health and Medical Industry of the Russian Federation and the State Committee of Sanitary-Epidemiological Supervision of the Russian Federation, dated 5 October 1995, indicates the works for immediate operation of means of transportation. It appears that the scope of the term "works related to the movement of transport" is broader than the scope of the term "works for immediate operation of means of transportation". Please indicate whether the term "means of transportation" used in section 10 of the temporary list includes the ships and what are the reasons for a more limited description of types of work in the area of transportation requiring mandatory medical examination in section 10 as compared with a broader description of these works in article 154 of the Labour Code.

Please also indicate whether the Government of the Russian Federation in accordance with article 21 of the Fundamentals of Legislation of the Russian Federation on the protection of health of citizens (the "Fundamentals of Health Legislation") approved the list of professions, industries, enterprises, institutions and organizations where the employees are subject to mandatory preliminary and periodical medical examinations.

The Committee further notes that in accordance with note 1 to subsection 8.2.8 of the Sanitary rules for sea-going vessels of the USSR, approved by the Chief Sanitary Doctor of the USSR (No. 2641-82, dated 25 December 1982 and No. 122-6/452-1 of 13 November 1984) (the "Sanitary Rules"), the seafarer medical record book shall be issued by the personnel department of the shipping company at the moment of admission to work, shall be kept by the administration of the ship and shall be handed over to the seaman for visiting a medical institution. Please indicate whether in case of termination of employment relations between the shipowner and seafarer, the seafarer medical record book is given to the former employee or remains in the possession of the shipowner.

Article 3, paragraph 1. Please indicate which fishing-boat owners' and fishermen's organizations were consulted in respect of the nature of the medical examination to be made and the particulars to be included in the medical certificate as well as the particular forms of such consultations.

Article 3, paragraphs 2 and 3. The Committee requests the Government to indicate whether Order No. 1145 of the Ministry of Health of the USSR, dated 6 November 1981, with additions approved by Order No. 855 of the Ministry of Health of the USSR, dated 27 August 1982 and Order No. 511 of the Ministry of Health of the USSR, dated 6 September 1989 are still governing the procedure of medical examination of fishermen or if these Orders were subsequently superseded by respective regulations of the Russian Federation.

It also requests the Government to indicate whether Order No. 405 of the Ministry of Health of the Russian Federation "On the preliminary and periodical medical examinations of employees", dated 10 December 1996 is applicable to the procedure for medical examination of fishermen. Please provide a sample of a latest version of the seafarer medical record book as well as copies of all regulations that currently govern the procedure for medical examination of fishermen.

Article 5. The Committee notes that in accordance with Part 2 of article 21 of the Fundamentals of Health Legislation, the decision about the unsuitability of a person for certain types of professional activity shall be taken on the basis of the conclusion of a medical-social examination and can be challenged in court. The Committee requests the Government to indicate whether the chairman of the medical commission or the chief doctor of the medical institution (section 8.2.13 of the Sanitary Rules) are authorized to adopt a decision about the unsuitability of a fisherman for employment on a fishing vessel or whether such decision can be taken only on the basis of the conclusions of a medical-social examination conducted in accordance with article 50 of the Fundamentals of Health Legislation.

The Committee also requests the Government to describe the legal status of the Basin's Hospital and that of the special commission of the Basin's Hospital (section 8.2.14 of the Sanitary Rules); to indicate whether they are independent from the shipowner that operates in the respective Basin; and to describe the procedure of formation of a special commission of a Basin's Hospital. Please indicate whether in case of disagreement with the conclusion of a special commission a fisherman has the right to request an independent medical examination in accordance with article 53 of the Fundamentals of Health Legislation or to challenge the conclusion of a special commission in court and whether courts have given decisions involving the challenge of conclusions of such special commissions.