PART III
MINIMUM REQUIREMENTS FOR SEAFARERS’ EMPLOYMENT
Minimum age for seafarers
5.—(1)  No person shall cause or permit a person below 16 years of age to be employed on board a ship.
(2)  Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.
Minimum age of cooks on board ships
6.—(1)  No seafarer below 18 years of age shall be employed or engaged or work as a ship’s cook.
(2)  Any person who employs or engages a seafarer below 18 years of age to work as a ship’s cook shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.
Seafarer to have valid medical fitness certificate
7.—(1)  Subject to subsections (3) and (4), no person shall work as a seafarer on a ship unless that person has been issued with a medical fitness certificate complying with requirements as may be prescribed, and which is still valid and is not suspended.
(2)  A seafarer who has been issued with a medical fitness certificate shall carry that certificate on board during the term of that seafarer’s employment on a ship.
(3)  A seafarer whose medical fitness certificate has expired during the course of a voyage may continue to work until the earlier of the following:
(a)the first port of call at which it is possible for the seafarer to make an application for a medical fitness certificate and be examined by a qualified medical practitioner;
(b)the expiry of 3 months starting from the date of the expiry of the certificate.
(4)  In urgent cases, with the Director’s approval, if a person —
(a)does not hold a valid medical fitness certificate; but
(b)has held a medical fitness certificate for a period of not less than 24 months (or in the case of a person below 18 years of age at the date of issue of the certificate, 12 months) and that certificate has expired no earlier than one month before the date on which that person joined a ship,
that person may work as a seafarer on that ship until the first port of call at which it is possible for an application for a medical fitness certificate in respect of that person to be made and for that person to be examined by a qualified medical practitioner, but in any case not for a period exceeding 3 months.
(5)  No person may work as a seafarer on a ship in a capacity of sea service or in a geographical area precluded by any restriction in that person’s medical fitness certificate.
(6)  No person may work as a seafarer on a ship in breach of a condition of that person’s medical fitness certificate.
Employment of seafarers
8.—(1)  Subject to subsections (2) and (3), no person may employ another person as a seafarer on a ship unless that other person has been issued with a medical fitness certificate complying with requirements as may be prescribed, and which is still valid and is not suspended.
(2)  A person may continue to employ as a seafarer on a ship, a person whose medical fitness certificate has expired during the course of a voyage until the earlier of the following:
(a)the first port of call at which it is possible for the seafarer to make an application for a medical fitness certificate and be examined by a qualified medical practitioner;
(b)the expiry of 3 months starting from the date of expiry of the certificate.
(3)  In urgent cases, with the Director’s approval, if a person who is a seafarer —
(a)does not hold a valid medical fitness certificate; but
(b)has held a medical fitness certificate for a period of not less than 24 months (or in the case of a person below 18 years of age at the date of issue of the certificate, 12 months) and that certificate has expired no earlier than one month from the date on which the seafarer joined a ship,
a person may employ that person as a seafarer on that ship until the first port of call at which it is possible for an application for a medical fitness certificate in respect of that seafarer to be made and for that seafarer to be examined by a qualified medical practitioner, but in any case not for a period exceeding 3 months.
(4)  No person shall employ a person as a seafarer on a ship in a capacity of sea service or in a geographical area precluded by any restriction in that person’s medical fitness certificate.
(5)  No person shall employ a person as a seafarer on a ship in such a way as to breach a condition of that person’s medical fitness certificate.
(6)  Any person who contravenes subsection (1), (4) or (5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.
Period of validity of medical fitness certificate
9.  A medical fitness certificate is valid only from the date of the medical examination and shall be valid for the period specified on the certificate, which shall not exceed the following maximum periods:
(a)in respect of a person below 18 years of age, one year; or
(b)in respect of a person of 18 years of age or above, 2 years.
Reporting of medical conditions
10.—(1)  A seafarer who holds a medical fitness certificate and who —
(a)is, or is likely to be, absent from work for a period of 30 days or more due to a medical condition; or
(b)develops a significant medical condition,
shall report that medical condition as soon as practicable to a qualified medical practitioner.
(2)  If a seafarer is required to make the report required by subsection (1), the validity of that seafarer’s medical fitness certificate is suspended from the date on which it first becomes practicable for that seafarer to make the report until the date (if any) on which a qualified medical practitioner has assessed, if necessary by conducting a medical examination of the seafarer, that the seafarer is fit having regard to the medical standards as may be prescribed.
(3)  In this section, “medical condition” includes both injury and illness, and a significant medical condition is one which adversely affects or is reasonably likely to adversely affect the seafarer’s ability to carry out his duties, including the seafarer’s ability to undertake emergency duties.
Review of qualified medical practitioner’s decision
11.—(1)  A person who is aggrieved by —
(a)the refusal of a qualified medical practitioner to issue a medical fitness certificate;
(b)any restriction imposed on such a certificate; or
(c)the suspension for a period of more than 3 months or cancellation of such a certificate by a qualified medical practitioner,
may, not later than 90 days after such refusal, restriction, suspension or cancellation, apply to the Director for the matter to be reviewed by another qualified medical practitioner.
(2)  Upon receiving the application, the Director shall permit the medical fitness of the seafarer to be reviewed by another qualified medical practitioner unless the Director is satisfied that such a review will not produce a different result.
Seafarer recruitment and placement services
12.—(1)  No person shall operate a seafarer recruitment and placement service in Singapore unless he is authorised to do so by the Director.
(2)  Notwithstanding any written law to the contrary, no person shall demand or receive, directly or indirectly, from a seafarer or a person seeking employment as a seafarer (referred to as a prospective employee), or from a person on behalf of a prospective employee, any remuneration whatsoever for providing the prospective employee with employment.
(3)  Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both.
(4)  The Authority may, with the approval of the Minister, make regulations for the control and management of seafarer recruitment and placement services for the purposes of this Act and, in particular, in respect of all or any of the following matters:
(a)prohibiting seafarer recruitment and placement services from using means, mechanisms or lists intended to prevent or deter seafarers from gaining employment for which they are qualified;
(b)maintenance of a seafarer recruitment and placement register by the seafarer recruitment and placement services;
(c)the recruitment and placement process;
(d)ensuring that shipowners have the means to protect seafarers from being stranded in a foreign port;
(e)the procedure for the examination of and response by the seafarer recruitment and placement services to any complaint concerning their activities;
(f)prescribing a compensation scheme for the protection of seafarers in the event the seafarer recruitment and placement services or the shipowner fails to meet obligations under the seafarer’s employment agreement;
(g)inspection of the premises and documents of any seafarer recruitment and placement service.
(5)  The Director or an inspector may, at any time, for the purposes of this section —
(a)enter and inspect any premises of any seafarer recruitment and placement service;
(b)require and enforce the production of any book, certificate or document relating to any ship, seafarer or seafarer recruitment and placement service; and
(c)summon any person before him and require him to answer questions.
(6)  For the avoidance of doubt, nothing in this section shall affect the requirement of a person to comply with the Employment Agencies Act (Cap. 92).
(7)  A shipowner shall not use a seafarer recruitment and placement service located in a state or territory that has not acceded to or ratified the Convention unless he has satisfied the Director that the seafarer recruitment and placement service is compliant with the requirements of the Convention.