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Open in new tab Maritime and Coastguard Agency LogMERCHANT SHIPPING NOTICE
MSN 1839 (M)
MARITIME LABOUR CONVENTION, 2006
Medical Certification
Seafarer Medical Examination System and Medical
and Eyesight Standards: Application of the Merchant
(Maritime Labour Convention)(Medical
Shipping
Certification) Regulations 2010
Notice to all shipowners, ship operators and ship managers; employers of seafarers;
masters, officers and seafarers on sea-going ships ordinarily engaged in commercial
operations
This notice should be read in conjunction with the Merchant Shipping (Maritime Labour
Convention) (Medical Certification) Regulations 2010 as amended and replaces MSN 1822
This Notice contains
Summary
the mandatory fitness standards specified by the Secretary of State under the
Merchant Shipping (Maritime Labour Convention)(Medical Certification) Regulations
2010, as amended (“the 2010 Regulations”)
the qualifications required by a medical practitioner as defined in regulation 2
guidance on the application and provisions of the 2010 Regulations, including:
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how to obtain a seafarer medical certificate
validity of a seafarer medical certificate
medical standards and categories of medical fitness
the medical review (“appeal”) system
revised medical and eyesight Standards (Annex A)
addresses of MCA Marine Offices where lantern tests are held (Annex B)
The requirements do not apply to seafarers on fishing vessels, pleasure vessels (not used
commercially) and offshore installations whilst on their working stations.
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The 2010 Regulations are also the statutory basis for:
use of the ML5 medical report and certificate for seafarers on certain small vessels;
the requirement for a seafarer to report a significant change in their medical condition,
or an absence from work of 30 days or more;
the right of Approved Doctors to make an administrative charge for the issue of
duplicate certificates;
all of which are established administrative arrangements.
The medical fitness and eyesight standards are consistent with STCW 78 (as amended)
including the Manila amendments and the ILO/IMO Guidelines on the medical examinations of
seafarers
Relationship with the Merchant Shipping (Maritime Labour Convention) (Medical
Certification) Regulations 2010, as amended
The 2010 Regulations need to be read in conjunction with this Merchant Shipping
Notice, as it sets out some of the key details which supplement the legal obligations in
those Regulations. Failure to comply with those obligations may be a criminal offence
under the Regulations.
In order to assist with this Paragraph 14 contains an index which clearly sets out and/or
identifies the provisions in this Notice which relate to the relevant provision in the
Regulations.
1.
Introduction
1.1 The Merchant Shipping (Maritime Labour Convention)(Medical Certification) Regulations
2010, (referred to in this Notice as “the Regulations”) which came into force on 1 January
2010, implemented in the UK the medical certification provisions of the Maritime Labour
Convention 2006.
1.2 They also implemented the requirements of clause 13 of the Social Partners’ Agreement
set out in the Annex to Council Directive 1999/63/EC of 21 June 1999 (The Seafarers’
Working Time Directive)1.
1.3 The Merchant Shipping (Maritime Labour Convention) (Consequential and Minor
Amendments) Regulations 2014 make changes to some of the definitions in these
regulations, which are set out at paragraphs 2.2, 2.5 and 13, and correct an erroneous
reference in regulation 5.
1.4 The opportunity has also been taken to make some minor corrections and updates to the
medical standards at Annex A, and to update the list of Marine Offices where seafarers
can take a lantern test for colour vision at Annex B.
2. Application – General
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As amended by Council Directive 2009/13/EC. The requirements of the remaining clauses of that
Agreement, relating to hours of work, are implemented separately in the new Merchant Shipping
(Hours of Work) Regulations 2002.
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2.1 The Regulations apply to sea-going UK ships wherever they may be, and for the purposes
of Port State Control, to non-UK ships when in a UK port or UK waters, and the
requirement to hold a valid medical certificate applies to seafarers on those ships.
2.2 MCA’s interpretation of the meaning of the term “seafarer” for the purpose of these
Regulations is explained in Marine Guidance Note MGN 471(M). “Seafarer” means any
person, including a master, who is employed or engaged or works in any capacity on board
a ship and whose normal place of work is on a ship. The meaning of “sea-going ship” is
explained in section 2.5 below.
2.3 The requirements of these Regulations do not apply to pleasure vessels, offshore
installations whilst on their working stations or to fishing vessels. Nor do the Regulations
apply to those working on vessels operating solely in inland waterways (waters of
categories A, B, C or D) – although the master of an inland waterway vessel will need to
demonstrate medical fitness in order to obtain their master’s qualification.
2.4 The Regulations apply only to those working under the seafarers working time regime.
Other working time regimes (for mobile workers on inland waterways, or for land-based
workers, or for sea-fishermen) may also apply on sea-going ships by agreement between
social partners. Medical fitness certification forms no part of those regimes.
2.5 Sea-going ship
2.5.1 For the purposes of these Regulations, “sea-going” in relation to a United Kingdom ship
means –
(a) a ship which operates outside the waters specified as Category A, B, C and D waters
in Merchant Shipping Notice 1837(M);
(b) a ship to which the Merchant Shipping (Survey and Certification) Regulations 1995
apply and in respect of which no exemption granted under regulation 2(2) of those
Regulations applies;
(c) a ship to which regulation 4 of the Merchant Shipping (Vessels in Commercial Use for
Sport or Pleasure) Regulations 1998 applies and which falls within the description given
in paragraph (3) of that regulation; or
(d) a high speed craft in respect of which a permit to operate outside waters of
Categories A, B, C or D has been issued in accordance with regulation 8 of the Merchant
Shipping (High Speed Craft) Regulations 2004.
2.5.2 Government ships such as those operated by the MOD Fleet which are not ordinarily
engaged in commercial maritime operations are not covered by the Regulations, although it is
expected that they will generally comply with the Standards.
3. Requirement for seafarer to hold a medical fitness certificate (Regulations 6 and 7)
3.1 The Regulations make it a legal requirement for any seafarer employed or engaged in any
capacity aboard a sea-going ship to hold a valid certificate attesting to their medical fitness
for the work for which they are employed. It is an offence either to work on a sea-going
ship without a valid medical fitness certificate, or to employ a seafarer who does not hold a
valid medical fitness certificate on a sea-going ship.
3.2 It is also an offence to work as a seafarer or to employ a seafarer in a capacity or in a
geographical area for which their medical fitness certificate is not valid by virtue of a
restriction (see paragraph 5.4.2 below), which is shown on the certificate.
3.3 Where a seafarer’s medical fitness certificate has been issued subject to conditions (see
paragraph 5.4.3. below) the seafarer must not work, or the employer must not employ
them, in such a way as to breach a condition.
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3.4 Exceptions
3.4.1 A seafarer whose certificate has expired during the course of a voyage may
continue to work until the next port of call at which a replacement certificate can be
obtained, or for up to three months from the date of expiry of the certificate –
whichever is the sooner. The validity of the certificate cannot be extended. A
replacement medical fitness certificate must be obtained at the next port at which it
is possible to do so.
3.4.2 This provision is intended to be used only where a certificate expires while in a
location where medical examination in accordance with the Regulations is
impracticable – e.g. in a foreign port where there is no UK Approved Doctor within
reach and in a country from which MCA does not accept the national medical
fitness certificate or where this is not available to foreign nationals.
3.4.3
In urgent cases, with MCA’s approval, a seafarer who has no valid medical fitness
certificate because their medical certificate has expired within the last month, may
exceptionally be employed for a period not exceeding three months without a valid
medical certificate, provided that their last medical fitness certificate was valid for a
full 24 months (or 12 months if the seafarer is under 18 years of age). The seafarer
must obtain a replacement medical fitness certificate at the next port at which it is
possible to do so. Any case requiring approval should be referred to MCA’s
Medical Administration Team at the address at the end of this Notice.
4. Application for an ENG 1 Medical Certificate
4.1 Applications for a seafarer medical certificate should be made directly to one of the MCA
Approved Doctors. A list of Approved Doctors is published on the MCA’s webpage
(www.gov.uk/seafarers-medical-certification-guidance#seafarers-getting-an-eng1-find-an-
mca-ad-to-carry-out-your-eng1).
4.2 In addition to the Approved Doctors who are authorised to carry out medical examinations
for any seafarer, some companies and organisations also have doctors who are approved
by the MCA to carry out statutory medical examinations for their own employees only.
There are also some commercial healthcare providers approved to conduct medical
examinations only for employees of specified client companies. Contact details for these
healthcare providers are listed separately in the Merchant Shipping Notice referred to
above and on the website primarily for the information of companies, but these doctors are
not approved to conduct ENG 1 medical examinations for individual seafarers not referred
to them by one of their specified clients.
4.3 A seafarer attending a medical examination will be asked for personal and photographic
identification which will be checked by the Approved Doctor. When it is not a first seafarer
medical, the previous medical certificate (ENG 1 or equivalent) should also be brought to
the examination.
4.4 The Approved Doctor is entitled to require payment of the prescribed maximum fee,
(published on our website as above), as listed in the Merchant Shipping (Fees)
Regulations 2006, but where the seafarer is employed or has an offer of employment, this
cost should be met by the seafarer’s employer or company.
4.5 The Approved Doctor will ask about the seafarer’s medical history, including whether they
have had any previous seafarer medical examination, and the outcome of that
examination. The seafarer will be required to sign a declaration on the report of the medical
examination confirming that the information they give is correct. It is the seafarer’s
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responsibility to reveal to the Approved Doctor the outcome of any previous medical
examination. They should also inform the Approved Doctor of any significant medical
condition they may have, or medical treatment they are undergoing at the time of the
examination. Failure to do so may be considered as obtaining a certificate under false
pretences, which is an offence under fraud legislation. The Approved Doctor will also carry
out an examination, including testing eyesight and colour vision.
4.6 It may be necessary, with the seafarer’s consent, for the Approved Doctor to obtain
information from the seafarer’s General Practitioner or consultant or other doctor providing
medical care to the seafarer. When it is necessary to consult with other doctors, the usual
ethical considerations about patient consent and medical confidentiality apply, but the
decision on fitness for seafaring, in accordance with the required Standards, rests with the
Approved Doctor, subject to the review procedure (described in paragraph 9 of this Notice).
4.7 The Approved Doctor is required to keep full clinical notes of any detailed medical
examination, and records including a completed medical report form (ENG 2) must be
retained for 10 years. Any records relating to health surveillance under the terms of the
Merchant Shipping (Health and Safety at Work) Regulations 1997, and related legislation
must be retained for up to 40 years. Approved Doctors are also required to send statistical
returns to the MCA on examinations carried out. Form MSF 4103 must be used for this
purpose. MCA will supply the form when requesting the return. These records may be
subject to clinical and administrative audit by the MCA to ensure that Approved Doctors are
following MCA medical Standards and procedures correctly.
5. Statutory Standards of medical fitness (Regulation 8)
5.1 Approved Doctors are required to determine a seafarer’s fitness by reference to the
statutory medical and eyesight Standards set out in Annex A to this Notice (also available
to download from the MCA web site www.gov.uk/government/publications/msn-1839-
seafarer-fitness-standards-and-guidance). The Standards provide for flexibility to reflect
relative risk; this enables doctors to take some account of particular circumstances, such
as distance from medical care, and normal duties and requirements for crew members. In
accordance with international guidelines, the Approved Doctor may also consider it
appropriate to undertake additional tests such as audiometry and physical fitness, as well
as giving lifestyle guidance, immunisations and tuberculosis screening. Additional charges
may be incurred for additional tests and immunisations.
5.2 Medical fitness Standards
5.2.1 It is clearly not possible to cover every medical condition within the specified Standards.
As a general principle the Approved Doctor should be satisfied in each case that no
disease or defect is present which could either be aggravated by working at sea, or
represent an unacceptable health risk to the individual seafarer, other crew members or
the safety of the ship.
5.2.2 Apart from the purely medical aspects, the occupational circumstances which apply at
sea should be fully considered, especially in any borderline case. Particular factors which
should be taken into account are:
a)
b)
the potentially hazardous nature of seafaring, which calls for a high standard of health
and continuing fitness;
the restricted medical facilities likely to be available on board ship. Few ships carry
doctors, medical supplies are limited and unless a ship is in port there will be delay
before full medical treatment is available;
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