ALF MAGNE HORNELAND

According to the  MLC 2006, the STCW convention and as outlined in the ILO/IMO Guidelines on the medical examination of seafarers, appeals procedures should be in place for seafarers who are refused a medical certificate or have had a limitation imposed on their ability to work. This appeal’s instance could be another independent medical practitioner, an independent medical referee, or other provisions for appeal specific for the party^{[1] [2] [3]}.

This has been organised differently in different countries. UK Maritime and Coastguard Agency are using a system of referees, Norway have a body of appeal working in accordance with the Public Administration Act^[4]. This appellate body is composed of a medical doctor who is the chair, a representative from the maritime authority and a representative from the relevant employees’ organisation, The Norwegian Maritime Officers’ Association (NMOA), The Norwegian Union of Marine Engineers (NUME) or the Norwegian Seafarers’ Union (NSU). Few of the company/insurer enhanced schemes make any provision for appeal or review.

^[1] ILO/IMO Guidelines on the medical examination of seafarers, Section IX, Paragraph 48-50.

^[2] MLC, 2006 Standard A1.2, paragraph 5

^[3] STCW Code, Section A-I/9, paragraph 6

^[4] Act of 10 October 1967 relating to procedure in cases concerning the public administration (Public Administration Act, as amended