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Medical Examination (Fishermen) Convention, 1959 (No. 113) - Russian Federation (RATIFICATION: 1969)

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The Committee notes the Government’s reports on the application of the Conventions related to fishing. In order to provide an overview of the issues relating to the application of these Conventions, the Committee considers it helpful to examine them in a single comment as follows.

Medical Examination (Fishermen) Convention, 1959 (No. 113)

Article 5 of the Convention. Additional medical examination by a medical referee. In its previous comments, noting the Government’s repeated indications that implementing legislation was in the process of being adopted, the Committee requested the Government to indicate the measures taken to ensure that a person who, after a medical examination, has been refused a certificate may apply for a further examination by an independent medical referee, as required by Article 5 of the Convention. The Committee notes the Government’s statement that a draft Order of the Ministry of Health on approval of the procedure for conducting examinations of occupational fitness and forms of medical assessment of fitness to perform specific types of work, is currently undergoing a public consultation process. Moreover, the Committee notes the Government’s indication that, with respect to fishing, which is regulated by the Merchant Shipping Code, the procedure for carrying out medical examinations and the form of medical assessment of the absence of medical contraindications to work on a vessel are established by the federal executive body responsible for the development of the state policy and legal regulation in the sphere of healthcare in agreement with the federal executive body responsible for transport. The Committee notes however that, according to the Government, this procedure has not been established. The Committee recalls that the issue of not having implementing legislation which regulates the procedure for filing an appeal where the fisher has been refused a medical certificate has been pending for many years. The Committee therefore requests the Government to adopt the necessary measures to implement Article 5 of the Convention without delay.

Accommodation of Crews (Fishermen) Convention, 1966 (No. 126)

Article 3(1) of the Convention. Laws and regulations on crew accommodation. In its previous comments, the Committee noted the lack of substantive progress in the adoption of legislation giving full effect to the provisions of the Convention and expressed the hope that the relevant legislation would be adopted in the near future. It also noted that, in previous reports, the Government had reiterated that it was in the process of preparing draft legislation which would replace the 1977 Regulations on sanitary rules for Soviet vessels and boats, in order to ensure conformity with the provisions of the Work in Fishing Convention, 2007 (No. 188). In this regard, the Committee notes the Government’s indication that the Rules of the Russian Maritime Register of Shipping regulate merchant shipping vessels but contain no special requirements for accommodation on fishing vessels. The Government further indicates that amendments to the Merchant Shipping Code and a number of legislative acts are currently under discussion in the State Duma in order to define the concept of fishing vessel and improve the safety of shipping and navigation. While noting this information, the Committee notes with regret that no substantive progress has been made regarding amending the legislation to bring it into conformity with the Convention. Recalling that the Committee has been drawing the Government’s attention for a number of years to the need to adopt laws and regulations giving effect to a series of provisions of the Convention, the Committee requests the Government once again to adopt the necessary measures without delay.
The Committee is raising other matters regarding Convention No. 126 in a request addressed directly to the Government.

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Article 5 of the Convention. Additional medical examination by a medical referee. Further to its previous comment, the Committee notes the Government’s reference to the Ministry of Health Order No. 302N of 12 April 2011 on establishing a list of harmful and/or hazardous production factors and types of work requiring prior and periodic medical examinations or check-ups and the procedure for carrying out such examinations. The Committee notes, in particular, that the Order of 2011, which essentially reproduces the provisions of a similar Ministry of Health Decree of 2004, includes work on board ships as among the harmful and hazardous occupations requiring periodic medical examinations and also provides for annual medical examinations of persons under 21 years of age. The Committee notes, however, that the Order does not appear to provide for any arrangement to enable a person who, after an initial medical examination, has been refused a certificate to apply for a further examination by an independent medical referee, as required under this Article of the Convention. Recalling that the same requirement has been incorporated in Article 11(e) of the Work in Fishing Convention, 2007 (No. 188), the Committee requests the Government to indicate any measures taken or envisaged in order to give effect to this provision of the Convention.

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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:
Repetition
Articles 4(1) and 5 of the Convention. Validity of medical certificates and further examination. The Committee notes the information provided in the Government’s report and the attached documents, in particular the adoption of Decree No. 83 dated 16 August 2004 of the Ministry of Health and Social Development establishing the list of harmful and/or hazardous industrial factors and works in which preliminary and periodic medical examinations shall be conducted and the arrangements for carrying out such examinations. It also notes that under point 15 of Annex 2 of the above Decree work on board ships is enumerated among the harmful and hazardous occupations for which preliminary and periodic medical examinations are required, while Annex 3 of the same Decree sets out the practical details for conducting such examinations. More concretely, the Committee notes that under paragraph 3.3 of Annex 3, persons under 21 years of age must undergo medical examination on an annual basis, which is in line with the requirement of Article 4(1) of the Convention. The Committee has not been able to find, however, any provision guaranteeing the right of a person who has been refused a certificate to apply for a further examination by an independent medical referee, as required by Article 5 of the Convention. The Committee would be grateful if the Government would provide additional explanations in this respect. It also invites the Government to specify whether a standard medical certificate form exists, in which case it would appreciate receiving sample copies.
In addition, the Committee notes the Government’s reference, in an earlier report concerning the application of the Medical Examination (Seafarers) Convention, 1946 (No. 73), to Order No. 196 of 9 March 2005 setting up an interdepartmental working group to develop legislation in respect of the organization of medical services for ships’ crews. According to the Government’s indications, a draft Order on medical services for crews in the maritime and river fleets of the Russian Federation has already been adopted laying down standards for medical services and also a new version of the seafarer’s medical book. The Committee requests the Government to keep it informed of the progress made in the finalization of the Order on medical services for ships’ crews and to transmit a copy as soon as it has been adopted.
Finally, the Committee draws the Government’s attention to the Work in Fishing Convention, 2007 (No. 188), which revises in an integrated manner most existing ILO fishing instruments. The Committee invites the Government to give favourable consideration to the ratification of Convention No. 188 and to keep the Office informed of any decision taken in this regard.

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The Committee notes the information provided in the Government’s report and the attached documents, in particular the adoption of Decree No. 83 dated 16 August 2004 of the Ministry of Health and Social Development establishing the list of harmful and/or hazardous industrial factors and works in which preliminary and periodic medical examinations shall be conducted and the arrangements for carrying out such examinations. It also notes that under point 15 of Annex 2 of the above Decree work on board ships is enumerated among the harmful and hazardous occupations for which preliminary and periodic medical examinations are required, while Annex 3 of the same Decree sets out the practical details for conducting such examinations. More concretely, the Committee notes that under paragraph 3.3 of Annex 3, persons under 21 years of age must undergo medical examination on an annual basis, which is in line with the requirement of Article 4, paragraph 1, of the Convention. The Committee has not been able to find, however, any provision guaranteeing the right of a person who has been refused a certificate to apply for a further examination by an independent medical referee, as required by Article 5 of the Convention. The Committee would be grateful if the Government would provide additional explanations in this respect. It also invites the Government to specify whether a standard medical certificate form exists, in which case it would appreciate receiving sample copies.

In addition, the Committee notes the Government’s reference, in an earlier report concerning the application of the Medical Examination (Seafarers) Convention, 1946 (No. 73), to Order No. 196 of 9 March 2005 setting up an interdepartmental working group to develop legislation in respect of the organization of medical services for ships’ crews. According to the Government’s indications, a draft Order on medical services for crews in the maritime and river fleets of the Russian Federation has already been adopted laying down standards for medical services and also a new version of the seafarer’s medical book. The Committee requests the Government to keep it informed of the progress made in the finalization of the Order on medical services for ships’ crews and to transmit a copy as soon as it has been adopted.

Finally, the Committee draws the Government’s attention to the new Work in Fishing Convention, which was adopted at the 96th Session of the International Labour Conference in June 2007, with a view to revising and bringing up to date in an integrated manner most existing ILO fishing instruments. The new Convention provides a modern and flexible regulatory framework covering large fishing operations, but also addressing the concerns of small-scale fishers. The Committee invites the Government to give due consideration to the new global standard on fishers’ working and living conditions and to keep the Office informed of any decision taken with a view to its ratification.

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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 that the drafting of a 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 clarify whether this new Order would be applicable to the medical examination of fishermen and, if so, to forward the text of the Order when adopted.

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The Committee notes the information provided in the Government’s report. It further notes that the drafting of a 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 clarify whether this new Order would be applicable to the medical examination of fishermen and, if so, to forward the text of the Order when adopted.

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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 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.

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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.

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