Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

Article 3 of the Convention. Interval for the repetition of medical examination. In its previous comments, the Committee requested the Government to indicate the length of validity of medical certificates for seafarers under the age of 18. It also noted the Government’s response that neither the Federal Labour Law of 2 December 1969 nor the Annex to Regulations on Transport Medicine prescribe a period of validity of medical certificates. The Committee notes the adoption of the Regulation on the Preventive Transport Medicine Service, published in the official journal of 21 April 2004. Under the terms of sections 7-12 of the Regulation, the Communications and Transport Office is responsible for carrying out a full psychophysical examination of staff covered by the Regulation, in particular, staff holding a maritime identification certificate or booklet. Moreover, under the terms of sections 13-15 of the Regulation, this psychophysical examination must be repeated in order to ascertain whether the person is apt to continue carrying out certain activities. The Committee also notes the information communicated by the Government with regard to the formalities that must be followed concerning inclusion on the federal register.

The Committee notes that the new Regulation on the Preventive Transport Medicine Service does not prescribe a period of validity of medical certificates. The Committee once again reminds the Government that, under the terms of Article 3 of the Convention, the employment of any child or young person under 18 years of age on any vessel shall be subject to the repetition of such medical examination at intervals of not more than one year, and the production, after each such examination, of a further medical certificate attesting fitness for such work. The Committee requests the Government to take the steps necessary in order to give effect to the Convention in this regard.