Medical Examination (Seafarers) Convention, 1946 (No. 73) - Russian Federation (Ratification: 1969)

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Articles 3 to 8 of the Convention. Medical examinations of seafarers. The Committee notes the Government’s indication that the process for the ratification of the Maritime Labour Convention, 2006 (MLC, 2006), is currently in progress. It notes, in particular, the Government’s statement that, in preparation for the ratification of the MLC, 2006, work is under way on a package of legislation on medical and sanitary facilities for maritime transport workers, including Model Regulations on the commission of the regional medical centre of the Federal Medical-Biological Agency of the Russian Federation. The Government further explains that this package is intended to replace, supplement and elaborate upon the current system of medical examinations of seafarers, which is based on Order No. 511 of 5 September 1989 of the Ministry of Health of the former USSR. Recalling that the Government has been indicating its intent to draft new legislation on seafarer medical examinations since 2002, and noting that the main provisions of this Convention have been incorporated in Regulation 1.2, Standard A1.2, and Guideline B1.2 of the MLC, 2006, the Committee would be particularly interested in receiving information on any steps taken to ensure the implementation of the MLC, 2006, especially with regard to those requirements which would possibly call for legislative action, such as the obligation to provide medical certificates in English for those seafarers working on ships ordinarily engaged on international voyages (Standard A1.2(10)) or the possibility to permit a seafarer to work without a valid medical certificate only in urgent cases and under specified conditions (Standard A1.2(8)). The Committee further requests the Government to transmit a copy of any new legislative or regulatory text once it has been adopted.

In addition, the Committee recalls its previous comment in which it requested the Government to provide additional information on the work of the interdepartmental working group, which was set up by Order No. 196 of 9 March 2005, for the elaboration of legislation concerning the medical examination of seafarers. In the absence of any reply on this point, the Committee once again asks the Government to transmit a copy of the draft order on the medical examination of crew members of seagoing and river vessels and of the new version of the seafarer medical record book which have been reportedly prepared more than five years ago.

Part V of the report form. Application in practice. The Committee requests the Government to supply up-to-date information concerning the practical application of the Convention, including, for instance, statistical information concerning the number of seafarers covered by the relevant legislation, the number of medical certificates issued during the reporting period, a sample copy of the standard medical certificate currently in use, as well as inspection results showing any infringements observed.

Finally, the Committee draws the Government’s attention to the new Guidelines on the medical examinations of seafarers adopted by the Joint ILO–IMO Meeting on Medical Fitness Examination of Seafarers and Ships’ Medicine Chests, which took place in Geneva in September 2011. These Guidelines apply to seafarers in accordance with the requirements of the Maritime Labour Convention, 2006, (MLC, 2006), and the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended (STCW Convention). They are intended to provide maritime administrations with an internationally recognized set of criteria for use by competent authorities, and contain in appendices, among others, a suggested format for recording medical examinations of seafarers and a model medical certificate for service at sea.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee had previously requested the Government to provide information on the progress made in the drafting of a new order of the Ministry of Health concerning the medical examination of seafarers. The Committee notes the Government’s information that Order No. 196 “on the interdepartmental working group for the elaboration of the legislation concerning the medical examination of seafarers” was issued on 9 March 2005 by the Ministry of Health and Social Development of the Russian Federation. This interdepartmental working group has prepared a draft order “on the medical examination of crewmembers of seagoing and river vessels” which contains standards and requirements for the medical examination of seafarers and a new version of the seafarer medical record book. The Committee asks the Government to provide a copy of this order, including the new version of the seafarer medical record book, as soon as it has been adopted.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report. It further notes that the drafting of new order of the Ministry of Health of the Russian Federation concerning the medical examination of seafarers is currently under way. The Committee asks the Government to keep it informed on any progress made in this respect and to forward the text of the order when adopted. Please also provide with the next report a sample of a latest version of the Seafarer Medical Record Book.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government’s report for the period from 1 October 1991 to 1 September 1996. It requests the Government to provide further information on the following points.

Article 1 of the Convention. Please 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.

Article 2. 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 examinations, 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 ships, and the reasons for a more limited description of work in the transportation sector requiring mandatory medical examination in section 10 as compared with a broader description of these activities in article 154 of the Labour Code.

Article 3. Please 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 seafarers or whether these Orders were subsequently superseded by respective regulations of the Russian Federation.

Please 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 seafarers. Please provide a sample of a latest version of the seafarers’ medical record book. Please also provide copies of all regulations that currently govern the procedure of medical examination of seafarers.

Article 4. The Committee notes that in accordance with note 1 to subsection 8.2.8 of the Sanitary Rules for seagoing 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 seafarers’ 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 when consulting a medical institution. Please indicate whether in case of termination of employment relations between the shipowner and seafarer, the seafarers’ medical record book is given to the former employee or remains in the possession of the shipowner.

Please also indicate which shipowners’ and seafarers’ 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 form of such consultations.

Article 8. The Committee notes that in accordance with Part 2 of article 21 of the Fundamentals of Health Legislation, the decision about unsuitability of a person for certain types of professional activity shall be taken on the basis of a conclusion of medical-social examination and can be challenged in court. Please 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 seafarer for employment in a 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.

Please also describe the legal status of Basin’s Hospital and that of the special commission of the Basin’s Hospital (section 8.2.14 of the Sanitary Rules) and indicate whether they are independent from the shipowner that operates in the respective Basin. Please describe the procedure of formation of a special commission of the Basin’s Hospital. Please indicate whether, in case of disagreement with the conclusion of a special commission, a seafarer 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. Please indicate whether courts have handed down decisions challenging the conclusions of such special commission.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the Government's report for the period from 1 October 1991 to 1 September 1996. It requests the Government to provide further information on the following points:

Article 1 of the Convention. Please 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.

Article 2. 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 examinations, 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 ships, and the reasons for a more limited description of work in the transportation sector requiring mandatory medical examination in section 10 as compared with a broader description of these activities in article 154 of the Labour Code.

Article 3. Please 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 seafarers or whether these Orders were subsequently superseded by respective regulations of the Russian Federation.

Please 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 seafarers. Please provide a sample of a latest version of the seafarers' medical record book. Please also provide copies of all regulations that currently govern the procedure of medical examination of seafarers.

Article 4. The Committee notes that in accordance with note 1 to subsection 8.2.8 of the Sanitary Rules for seagoing 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 seafarers' 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 when consulting a medical institution. Please indicate whether in case of termination of employment relations between the shipowner and seafarer, the seafarers' medical record book is given to the former employee or remains in the possession of the shipowner.

Please also indicate which shipowners' and seafarers' 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 form of such consultations.

Article 8. The Committee notes that in accordance with Part 2 of article 21 of the Fundamentals of Health Legislation, the decision about unsuitability of a person for certain types of professional activity shall be taken on the basis of a conclusion of medical-social examination and can be challenged in court. Please 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 seafarer for employment in a 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.

Please also describe the legal status of Basin's Hospital and that of the special commission of the Basin's Hospital (section 8.2.14 of the Sanitary Rules) and indicate whether they are independent from the shipowner that operates in the respective Basin. Please describe the procedure of formation of a special commission of the Basin's Hospital. Please indicate whether, in case of disagreement with the conclusion of a special commission, a seafarer 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. Please indicate whether courts have handed down decisions challenging the conclusions of such special commission.