Navigare 3 - 2019

news
employees on ships
Risk = probability X consequence
Consequence
Probability
Considerably low = 1
0–2 %
Low = 2
2–5 %
Moderate = 3
5–10 %
High = 4
>10 %
Negligible = 1 Substantial = 2 Significant = 3
Acceptable risk
(1)
Acceptable risk
(2)
Acceptable if
compensated
(3)
Acceptable if
compensated
(4)
Acceptable risk
(2)
Acceptable if
compensated
(4)
Acceptable if
compensated
(6)
Not acceptable
(8)
Acceptable if
compensated
(3)
Acceptable if
compensated
(6)
Not acceptable
(9)
Not acceptable
(12)
The Regulations on medical
examination of employees on
Norwegian ships and mobile
offshore units regulate health
requirements for employees
working on board Norwegian
vessels. The purpose of health
requirements is set out in section
1:
“These Regulation shall ensure
that any person working on board
a Norwegian ship or mobile
offshore unit is medically fit for
service on board, is not suffering
from one or more medical
conditions likely to be aggravated
by service at sea or to endanger
the health and safety of other
persons on board”.
board and for a safe operation of the vessel.
This may for example imply that the risk is
high if the consequences are significant, even
though the probability is low.
The appellate body will assess each case to
find any compensating measures to be
employed in order to reduce the risk. Examples
of compensating measures could be using a
hearing aid, installing additional alarms in
cabins, reducing work tasks or safety tasks,
putting limitations on trade areas, implementing
an obligation to inform the captain or the
company, etc. The obligation to inform the
captain is important since the captain has the
executive responsibility for medical treatment
and safety on board.
If an employee does not satisfy the health
requirements and he/she wants to apply for
exemption from the legislation, the appellate
body will most likely impose restrictions in the
medical certificate if an exemption is granted.
Such restrictions may depend on the position,
e.g. two people must always be on watch, or
one person cannot have any safety functions on
board. If it is possible to organise the work on
board in a different manner and this has been
discussed with the employer prior to the
application and a statement from the employer
is included in the application, this will be
favourable in order to reach the right conclusion
at the appellate body.
Knowledge and correct use of the legislation
as well as proper documentation of the health
condition and workplace are important factors
when determining if an employee should
continue to work on a ship after being
diagnosed with an illness or health issue.
In some cases, it is more important to
document the functional ability than the actual
health condition. The best way to test the
functional ability is to work, provided that the
employee is medically fit for it. We often see
that employees at sea are passively waiting for
the health requirements to be met. If it is
possible to get alternative work on shore during
such waiting periods, this would help
determining the functional ability. It is rarely an
option for seafarers to return to work gradually
by means of graded sickness benefit (partial sick
leave). It is important to talk to your treating
physician if alternative work on shore is an
option. This should also be discussed with
NAV (the Norwegian Labour and Welfare
Administration).
The Regulations on medical examination
of employees on Norwegian ships and mobile
offshore units are drawn up to help maintain
safety on board. However, it is in everyone›s
interest to find the best solutions possible in
order for employees to keep their job on
board a ship by means of adjustments, etc. as
long as it is safe and their health condition
does not present a safety risk on board.
There has been limited research on how
important health requirements are to safety
on board. How many of the seafarers who
have been found unfit for duty have had
symptoms after the decision has been made,
that could potentially have caused serious
incidents on board? And how many of the
serious incidents that have occurred on
board Norwegian vessels may have been
caused by known illnesses? We are trying to
find answers to these questions. The
Norwegian Centre for Maritime and Diving
Medicine is working to establish a health
register. We would like to get involved in
research to extend our knowledge and create
a professional basis for the health
requirements and targeted strategies of the
future.
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