PART VI
MEDICAL CARE AND TREATMENT
Medical care
28.  It shall be the duty of a shipowner to take, so far as is reasonably practicable, such measures as are necessary to ensure the safety and health of all seafarers employed by him on board his ship including —
(a)measures on occupational health protection and medical care relevant to the seafarer’s duties;
(b)ensuring that arrangements are made, where practicable, for seafarers to visit any qualified medical doctor or dentist without delay in ports of call; and
(c)providing medical care and health protection services for any seafarer on board the ship or on land without charge to the seafarer.
Medical report forms
29.—(1)  A shipowner shall make available on board his ship, for the purposes of facilitating the treatment of seafarers, such medical report forms as may be prescribed.
(2)  Every medical report form, or any part thereof, when completed or any information contained in the completed form shall be kept confidential and shall not, without the consent of the seafarer concerned, be released to any person other than for the purposes of facilitating the treatment of that seafarer.
(3)  Any person who contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both.
Medicine chest
30.—(1)  A medicine chest with readily understandable instructions shall be carried on board every ship.
(2)  The master of a ship shall ensure that the medicine chest and its contents, as well as the medical equipment and medical guide, are properly maintained and inspected at such regular intervals as may be prescribed by the Authority.
Medical treatment on board ship
31.  Where a ship is not required under the Merchant Shipping Act (Cap. 179) to carry a qualified medical practitioner on board, the shipowner shall make arrangements for securing that —
(a)a ship which is ordinarily capable of reaching qualified medical care and medical facilities within 8 hours shall carry on board a seafarer who has completed such training in medical first-aid as required by the STCW Code and approved by the Director, and is appointed by the shipowner to be in charge of medical first-aid training and administration of medicine on board the ship; and
(b)any ship, other than a ship referred to in paragraph (a), shall carry on board a seafarer who has completed such training in medical care as required by the STCW Code and approved by the Director, and who is appointed by the shipowner to be in charge of medical care on board the ship.
Medical advice through radio stations
32.—(1)  A shipowner shall ensure that a complete and up-to-date list of radio stations through which medical advice can be obtained is carried on board his ship.
(2)  The shipowner of a ship that is equipped with a system of satellite communication shall ensure that an up-to-date and complete list of coast earth stations through which medical advice can be obtained is carried on board the ship.
Access to medical care ashore
33.  A shipowner shall take such measures as are necessary and practicable to ensure that seafarers employed on his ship have access when in port to —
(a)outpatient treatment for sickness and injury;
(b)hospitalisation when necessary; and
(c)facilities for dental treatment.
Financial security requirement
34.—(1)  A shipowner must not allow his ship —
(a)to put to sea; or
(b)if it is already at sea, to remain at sea,
unless the requirement in subsection (2) is met.
(2)  The requirement referred to in subsection (1) is that there is in force a contract of insurance or other security adequate to ensure that the shipowner will be able to meet any liabilities the shipowner may have arising from repatriation of a seafarer or to provide compensation in the event of death or long term disability to seafarers arising from occupational injury, illness or hazard.
(3)  The liabilities of the shipowner referred to in subsection (2) include liabilities arising under —
(a)sections 23(9), 24(1), 35, 36 and 37;
(b)section 23 of the Work Injury Compensation Act (Cap. 354); and
(c)the seafarer’s employment agreements of seafarers working on the ship.
(4)  Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.
Shipowner’s duty to make provision for seafarer medical and other expenses
35.—(1)  Subject to section 38 and subsections (3) and (4), a shipowner shall be liable to meet any expenses reasonably incurred in connection with a seafarer’s sickness or injury which —
(a)first occurs during a period which starts on the date on which the seafarer’s employment agreement of that seafarer commences and ends on the date on which the shipowner’s duty to repatriate that seafarer under section 23 ends; or
(b)first occurs subsequent to the period referred to in paragraph (a) but is caused by circumstances or events arising during that period.
(2)  Expenses incurred in connection with a sickness or an injury include —
(a)expenses of surgical, medical, dental or optical treatment (including the repair or replacement of any appliance); and
(b)expenses for board and lodging.
(3)  The duty in subsection (1) shall not affect any duty imposed on the shipowner under section 23, and shall not apply in respect of any expenses met by the shipowner under that duty.
(4)  The duty in subsection (1) is limited to expenses incurred during a period beginning on the day on which the sickness or injury first occurs and ending on the expiry of 16 weeks after that date.
(5)  If any expenses are incurred by a seafarer to which the duty in subsection (1) applies, the seafarer may recover those expenses from the shipowner as a civil debt.
Shipowner’s liability for wages following sickness or injury sustained by seafarer
36.—(1)  Subject to section 38, this section applies in relation to a seafarer who experiences sickness or injury which —
(a)first occurs during a period which starts on the date on which the seafarer’s employment agreement of that seafarer commences and ends on the date on which the shipowner’s duty to repatriate that seafarer under section 23 ends, or if there is no such duty, the date on which the seafarer employment agreement ends; or
(b)first occurs subsequent to the period referred to in paragraph (a) but is caused by circumstances or events arising during that period,
and results in the seafarer’s incapacity for work.
(2)  If the seafarer does not receive the full wages payable under the seafarer’s employment agreement for the period starting on the date of the injury or the first day of the sickness referred to in subsection (1) and ending on the date on which the seafarer is repatriated under section 23 or otherwise leaves the ship, the shipowner shall pay to the seafarer the amount equal to the difference between —
(a)any wages received by the seafarer for that period under that agreement; and
(b)the full wages which would have been payable to the seafarer under that agreement if the seafarer had remained fit for work throughout that period.
(3)  Subject to subsection (4), if the seafarer remains incapacitated for work for the reason described in subsection (1) after being repatriated under section 23 or otherwise leaving the ship, and does not receive the full wages payable under the seafarer’s employment agreement for the period starting on the day after repatriation or departure from the ship and ending on the date on which the seafarer is again fit for work, the shipowner shall pay to the seafarer the amount equal to the difference between —
(a)any wages received by the seafarer for that period under that agreement; and
(b)the full wages which would have been payable to the seafarer under that agreement if the seafarer had remained fit for work throughout that period.
(4)  The duty in subsection (3) ends on the expiry of the period of 16 weeks commencing on the day following the date of the injury or the first day of the sickness referred to in subsection (1).
(5)  The amount payable to the seafarer under subsections (2) and (3) must be paid in the same manner and at the same frequency as wages payable under the seafarer’s employment agreement.
(6)  A seafarer may recover any amount of money due from the shipowner under subsection (2) or (3) as a civil debt.
(7)  A shipowner shall take measures for safeguarding property left on board by sick, injured or deceased seafarers and for returning it to them or to their next of kin.
Shipowner’s liability in respect of burial or cremation of seafarer
37.  A shipowner shall be liable to pay any expenses reasonably incurred in connection with a seafarer’s burial or cremation, if the seafarer dies on board or ashore while employed to work on his ship.
Exclusion from liability under sections 35, 36 and 37
38.  Sections 35, 36 and 37 shall not apply to a seafarer where —
(a)the injury referred to in section 35 or 36 was incurred otherwise than in the service of the ship;
(b)the injury or sickness referred to in section 35 or 36 was incurred due to the seafarer’s wilful misconduct; or
(c)the sickness or incapacity for work existed on the date on which the seafarer entered the seafarer’s employment agreement, and the seafarer deliberately concealed the sickness or incapacity from the shipowner.
Limitation of seafarer’s right to recover
39.—(1)  Where a seafarer has received compensation under section 14(2) of the Work Injury Compensation Act (Cap. 354) for the cost of medical treatment in respect of any sickness or injury, the amount of compensation payable to the seafarer under section 35 for the expenses incurred in connection with the sickness or injury shall be reduced by the amount so received. 
(2)  Where a seafarer has received compensation under section 14A of the Work Injury Compensation Act for any temporary incapacity resulting from any sickness or injury, the amount of compensation payable to the seafarer under section 36 for loss of wages in respect of the sickness or injury shall be reduced by the amount so received.
(3)  Subject to subsections (1) and (2) and section 33 of the Work Injury Compensation Act, sections 35 and 36 are without prejudice to any other legal remedies that a seafarer may have under any other rule of law in respect of the sickness or injury, but provided that —
(a)if a seafarer brings any action for damages in a court in respect of any sickness or injury, any judgment, award or order that may be made against a shipowner in such an action shall take into account the payment made under section 35 or 36; and
(b)a seafarer shall not be compensated more than once in respect of the same expense or wages.