MLC TITLE 4. HEALTH PROTECTION, MEDICAL CARE, WELFARE AND SOCIAL SECURITY PROTECTION

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Regulation 4.1 – Medical care on board ship and ashore

Regulation 4.2 – Shipowners liability

Regulation 4.3 – Health and safety protection and accident prevention

Regulation 4.4 – Access to shore-based welfare facilities

Regulation 4.5 – Social security

Regulation 4.1 – Medical care on board ship and ashore

Purpose: To safeguard the health of seafarers & ensure their prompt access to medical care on board ship and ashore

1. Each & every member will ensure that all seafarers on ships that fly its flag are covered by adequate measures for the protection of their health & that they have access to prompt & appropriate medical care while working on board.

2. The protection & care under paragraph 1 of this Regulation shall be provided free of cost to the seafarers.

3. Each & every member will assure that seafarers on board ships in its territory who are in need of immediate medical care are given access to the Member’s medical facilities on shore.

4. The need for onboard healthcare set out in the Code include standards for measures aimed at providing seafarers with healthcare as comparable as possible to that which is normally available to workers ashore.

Regulation 4.2 – Shipowners liability

Purpose: To assure that seafarers are take care of from the financial consequences of sickness, injury or death occurring in connection with their employment

1. Each & every member will assure that measures, in accordance with the Code, are in place on ships that fly its flag to provide seafarers employed on the ships with a right to material assistance & support from the shipowner with respect to the monetary consequences of sickness, injury or death occurring while they are serving under a seafarers employment agreement or arising from their employment under such agree

2. This Regulation will not affect any other legal remedies that a seafarer may seek.

Regulation 4.3 – Health and safety protection and accident prevention

Purpose: To assure that seafarers work environment onboard ships promotes occupational safety & health

1. Each & every member will assure that seafarers on ships that fly its flag are provided with occupational health protection & live, work and train on board ship in a safe & hygienic environment.

2. Each & every member will spread & promote national guidelines for the management of occupational safety & health on board ships that fly its flag, after discussing with representative shipowners & seafarers organizations & taking into account relevant codes, guidelines & standards approved by international organizations, national administrations & maritime industry organizations.

3. Each & every member will follow rules & regulations & other actions forwarding the matters specified in the Code, considering relevant international instruments, and set standards for occupational safety & healthcare & accident prevention on ships that fly its flag.

Regulation 4.4 – Access to shore-based welfare facilities

Purpose: To ensure that seafarers working on board a ship have access to shore based facilities & services to secure their health and well-being

1. Each & every member will assure that shore based welfare facilities, where they exist, are easily accessible. The Member will also promote the progress of welfare facilities, such as those listed in the Code, in designated ports to provide seafarers on ships that are in its ports with access to appropriate welfare facilities & services.

2. The duty of each member in accordance with the shore based facilities, such as welfare, cultural, recreational & information facilities & services, are set out in the Code.

Regulation 4.5 – Social security

1. The branches to be observed in order to achieving progressively comprehensive social security protection under Regulation 4.5 are: medical care, sickness benefit, unemployment benefit, old age benefit, employment injury benefit, family benefit, maternity benefit, invalidity benefit and survivors benefit, complementing the protection provided for under Regulations 4.1, on medical care, and 4.2, on shipowners’ liability, and under other titles of this Convention.

2. At the time of consent, the protection is to be provided by each Member in accordance with the Regulation 4.5, paragraph 1, shall include at least three of the nine branches mentioned in the paragraph 1 of this level.

3. Each & every member will take steps as stated by its national circumstances to provide the complementary social security protection referred to in paragraph 1 of this Standard to all seafarers ordinarily resident in its territory. This duty could be satisfied,e.g., through proper bilateral or multilateral agreements or contribution based systems. The resulting protection shall be no less favourable than that enjoyed by shoreworkers resident in their territory.

4. Despite the attribution of duties in paragraph 3 of this level, members may determine, through bilateral & multilateral agreements & through provisions adopted in the framework of regional economic integration organizations, other rules concerning the social security legislation to which seafarers are subject.