Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

Convention (n° 164) sur la protection de la santé et les soins médicaux (gens de mer), 1987 - Mexique (Ratification: 1990)

The Committee notes with interest the information sent by the Government. It notes in particular the adoption of Mexican Official Standard NOM-168-SSA1-1998 on clinical files, and the Decision of the Secretariat of Health of 30 July 2003 amending it. It draws the Government’s attention to the following points.

Article 4, paragraph (c), of the Convention. Visits to a doctor. The Committee notes that, as soon as they enrol in the compulsory social security scheme, seafarers are eligible for protection under sickness and maternity insurance. It nevertheless requests the Government to indicate whether special measures have been taken or are envisaged in order to ensure that seafarers are entitled to visit doctors without delay in ports of call where practicable.

Article 5. Medicine chests. For application of this Article, in its previous report, the Government referred the Committee to section 28 of the Regulations to implement the General Health (International Hygiene) Act of February 1985 and to the provisions of Mexican Official Standard NOM-005-STPS-1999. According to section 28 of the above Regulations, any vessel undertaking an international voyage must have a first-aid kit on board. Mexican Official Standard NOM-005-STPS-1999 contains guidelines based on the Red Cross first-aid manual as to the content of the kit. The Committee reminds the Government that, pursuant to paragraph 4 of this Article, the medicine chest, its contents and the medical equipment must be properly maintained and inspected at regular intervals. Paragraph 5 provides furthermore that the competent authority must ensure that the contents of the medicine chest are listed and labelled with generic names, expiry dates and conditions of storage. The Committee requests the Government to indicate and send the legislative or regulatory provisions that ensure implementation of these two paragraphs.

Article 7 of the Convention. Medical advice by satellite. In its previous report, the Government said that there was no pre-arranged system whereby medical advice by radio or satellite, including specialist advice, is available for ships at sea. The Committee requests the Government to indicate whether any such arrangements have been established since that report. It reminds the Government that such consultations must be made available free of charge to all vessels regardless of the territory in which they are registered (Article 7, paragraph 2); that all ships must be equipped with an efficient communication system so as to ensure that optimum use is made of facilities available for medical advice (Article 7, paragraph 3); that seafarers on board requesting medical advice must be instructed in the use of the ship’s medical guide and the medical section of the most recent edition of the International Code of Signals so that they are able to understand the advice given (Article 7, paragraph 4); and that doctors providing medical advice receive appropriate training (Article 7, paragraph 5).

Article 8, paragraph 1. Medical doctor on board ships carrying 100 or more seafarers. The Government indicated in its previous report that there were no specific provisions to implement this Article of the Convention, and referred the Committee to section 504(2) of the Federal Labour Act, according to which any employer with more than 100 workers is required to set up a sickbay with the necessary emergency supplies of medicine and medical and surgical equipment; and the sickbay must be in the hands of competent staff under the management of a surgeon. The Committee requests the Government to indicate whether the surgeon in charge of emergency personnel must be on board the vessel in all voyages.

Article 8, paragraph 2. Medical doctor on board ships carrying less than 100 seafarers. Section 504(1) of the Federal Labour Act provides that all employers must have the necessary medicines and materials for first aid at the workplace and must train the personnel responsible for the provision of first aid. The Committee infers from this provision that there is no requirement for crews with fewer than 100 seafarers to include a doctor. The Committee nevertheless reminds the Government that, according to the Convention, national laws or regulations must determine which other ships shall be required to carry a medical doctor as a member of their crew, taking into account such factors as the duration, nature and conditions of the voyage and the number of seafarers on board. It requests the Government to indicate the measures taken or envisaged to ensure that, where factors such as the duration, nature and conditions of the voyage so require, ships shall have doctors as members of their crew.

Article 9. Persons in charge of medical care. For the application of this Article, the Government refers the Committee to its previous reports in which it referred to the provisions of section 504(1) of the Federal Labour Act. The Government indicated that training based on programmes submitted by the enterprises themselves would be provided for personnel in charge of first aid. The Committee notes that this provision applies to all workers. The Committee requests the Government to provide information on the specific courses for persons in charge of medical care on board who are not doctors. It reminds the Government in this connection that such courses must have the approval of the competent authority and be based on the content of the most recent edition of the International Medical Guide for Ships, the Medical First Aid Guide for Use in Accidents Involving Dangerous Goods, the Document for Guidance – An International Maritime Training Guide published by the IMO, and the medical section of the International Code of Signals as well as similar national guides. It also points out that the persons referred to must undergo refresher courses at approximately five-year intervals to enable them to maintain and increase their knowledge and skills and to keep abreast of new developments.

Article 10. Medical assistance. The Government indicated in its previous report that there was no provision in the national legislation requiring ships to provide medical assistance to other vessels which may request it. According to the Convention, such assistance must be provided where practicable. The Committee requests the Government to indicate the measures taken or envisaged to ensure that ships registered in Mexico provide medical assistance to any other vessel which may request it, where this is practicable.

Article 11, paragraphs 1, 4, 5, 6, 7, 8 and 9. Separate hospital accommodation. The Government stated in its previous reports that it had no information on this matter and referred the Committee to the provisions of section 504(2) of the Federal Labour Act. The Committee points out that under this provision of the Convention, any ship of 500 or more gross tonnage carrying 15 or more seafarers and engaged in a voyage of more than three days’ duration must have separate hospital accommodation. The Committee requests the Government to indicate the measures taken or envisaged to ensure that there is hospital accommodation on such vessels. It reminds the Government that the competent authority must ensure that such premises are properly equipped and, inter alia, prescribe the number of berths needed for the various categories of vessels. The Committee also points out that the hospital accommodation must be so located as to be easy of access, that the occupants must be comfortably housed and able to receive proper attention in all weathers. The accommodation must also be designed so as to facilitate consultation and the giving of first aid.

Article 12. Medical reports. According to the Mexican Confederation of Workers (CTM), although the collective agreement concluded with maritime shipowners provides that seafarers must undergo a general examination before embarking, the examination is not carried out in accordance with a model adopted by the competent authority. The Committee points out that, according to the Convention, the competent authority must adopt a standard medical report form for seafarers for use by ships’ doctors, masters or persons in charge of medical care on board and hospitals or doctors ashore. The form must be specially designed to facilitate the exchange of medical and related information concerning individual seafarers between ship and shore in cases of illness or injury. The Committee requests the Government to provide information on this matter and to state which provisions of the national legislation give effect to this Article.

Part V of the report form. Practical application. The Committee requests the Government to provide general information on the manner in which the Convention is applied together with information on the number of seafarers covered by the measures giving effect to the Convention, the number of infringements reported, the action taken on them and extracts of inspection reports.