Medical care
28. It is the duty of a shipowner to take, so far as is reasonably practicable, measures that are necessary to ensure the safety and health of all seafarers employed by the shipowner on board the shipowner’s 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 must make available on board the shipowner’s 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 of the form, when completed or any information contained in the completed form must be kept confidential and must 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 must be carried on board every ship.
(2) The master of a ship must ensure that the medicine chest and its contents, as well as the medical equipment and medical guide, are properly maintained and inspected at regular intervals that may be prescribed by the Authority.
Medical treatment on board ship
31. Where a ship is not required under the Merchant Shipping Act 1995 to carry a qualified medical practitioner on board, the shipowner must make arrangements for ensuring that —(a)
a ship which is ordinarily capable of reaching qualified medical care and medical facilities within 8 hours must carry on board a seafarer who —(i)
has completed such training in medical first‑aid as required by the STCW Code and approved by the Director; and
(ii)
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 mentioned in paragraph (a), must carry on board a seafarer who —(i)
has completed such training in medical care as required by the STCW Code and approved by the Director; and
(ii)
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 must ensure that a complete and up‑to‑date list of radio stations through which medical advice can be obtained is carried on board the shipowner’s ship.
(2) The shipowner of a ship that is equipped with a system of satellite communication must ensure that a complete and up‑to‑date 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 must take such measures as are necessary and practicable to ensure that seafarers employed on the shipowner’s 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) Unless the requirement in subsection (2) is met, a shipowner must not allow the shipowner’s ship —(a)
to go to sea; or
(b)
if it is already at sea, to remain at sea.
(2) The requirement mentioned in subsection (1) is that there is in force a contract of insurance or other financial security —(a)
that is contracted with, or provided by, an approved financial security provider;
(b)
that is adequate to ensure that the shipowner will be able to meet any liabilities the shipowner may have —(i)
arising from the shipowner’s obligation to repatriate a seafarer; or
(ii)
to provide compensation in the event of death or long‑term disability to seafarers arising from occupational injury, illness or hazard; and
(c)
that contains such terms and conditions, and meets such other requirements, as may be prescribed.[29/2016]
(3) The liabilities of the shipowner referred to in subsection (2)(b) include liabilities arising under —(a)
sections 23(9), 24(1), 35, 36 and 37;
(b)
the Work Injury Compensation Act 2019 or the Work Injury Compensation Act (Cap. 354, 2009 Revised Edition) repealed by that Act; and
(c)
the seafarer’s employment agreements of seafarers working on the ship.[29/2016; 27/2019]
(4) Where an approved financial security provider has made any payment to a seafarer under a contract of insurance or other financial security mentioned in subsection (2) for a liability arising from a shipowner’s obligation to repatriate a seafarer, any right which the seafarer has (or but for that payment would have had) against the shipowner as a result of the liability is, with respect to the amount of payment made, transferred to and vested in the approved financial security provider.[16/2020]
(5) 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.
(6) In this section, “approved financial security provider” means a provider of insurance or other financial security that has been approved by the Director under section 34A for the purposes of this section.[29/2016]
Approved financial security provider
34A.—(1) The Director may approve, with or without terms or conditions, a person who provides insurance or other financial security services as an approved financial security provider for the purposes of section 34.[29/2016]
(2) In determining whether or not to approve any person as an approved financial security provider, the Director —(a)
must have regard to whether —(i)
the person is able and willing to meet the requirements of a financial security provider under this Act; and
(ii)
the insurance or other financial security provided by the person will comply with the requirements of this Act; and
(b)
may have regard to any other matter that the Director considers relevant.[29/2016]
(3) The Director may, by written notice to an approved financial security provider, vary any term or condition of approval.[29/2016]
(4) The Director may revoke the approval of a person as an approved financial security provider if the Director is satisfied that —(a)
the person is not able or willing, or has failed, to meet the requirements of a financial security provider under this Act;
(b)
the insurance or other financial security provided by the person does not comply with the requirements of this Act;
(c)
the person has breached any term or condition of approval; or
(d)
it is otherwise not suitable for the person to continue to be an approved financial security provider.[29/2016]
(5) The Director must, before taking any action under subsection (3) or (4), give written notice to the approved financial security provider of the Director’s intention to take such action and give the approved financial security provider an opportunity to submit reasons why the terms or conditions of approval should not be varied, or why the approval should not be revoked, as the case may be.[29/2016]
(6) A person aggrieved by any of the following decisions of the Director (called in this section the appellant) may appeal to the Minister against the decision:(a)
the refusal to approve the appellant as an approved financial security provider;
(b)
the imposition of any term or condition on the approval of the appellant as an approved financial security provider;
(c)
the variation of any term or condition of approval of the appellant as an approved financial security provider;
(d)
the revocation of the approval of the appellant as an approved financial security provider.[29/2016]
(7) An appeal under this section —(a)
must be in writing;
(b)
must specify the grounds on which it is made; and
(c)
must be made within 14 days after the date of receipt of the decision that is appealed against.[29/2016]
(8) An appellant who appeals to the Minister under this section must provide such information as may be required by the Minister in such manner and within such period as the Minister may specify.[29/2016]
(9) The Minister may reject an appeal of an appellant who fails to comply with the requirements of subsection (7) or (8).[29/2016]
(10) After consideration of an appeal, the Minister may —(a)
reject the appeal and confirm the Director’s decision; or
(b)
allow the appeal and substitute or vary the Director’s decision.[29/2016]
(11) The Minister’s decision on an appeal is final.[29/2016]
(12) Every appellant must be notified of the Minister’s decision under subsection (10).[29/2016]
(13) An appeal against the Director’s decision does not affect the operation of the decision appealed against until the determination of the appeal.[29/2016]
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 is liable to meet any expenses reasonably incurred in connection with a seafarer’s sickness or injury which —(a)
first occurs during a period starting on the date on which the seafarer’s employment agreement of that seafarer commences and ending 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 mentioned 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) does not affect any duty imposed on the shipowner under section 23, and does 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 starting on the date 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 starting on the date on which the seafarer’s employment agreement of that seafarer commences and ending 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’s employment agreement ends; or
(b)
first occurs subsequent to the period mentioned 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 mentioned in subsection (1) and ending on the date on which the seafarer is repatriated under section 23 or otherwise leaves the ship, the shipowner must 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 must 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 starting on the day following the date of the injury or the first day of the sickness mentioned in subsection (1).
(5) The amounts 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 must take measures for safeguarding property left on board by sick, injured or deceased seafarers and for returning the property to the seafarers or to their next of kin.
Shipowner’s liability in respect of burial or cremation of seafarer
37. A shipowner is 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 the shipowner’s ship.
Exclusion from liability under sections 35, 36 and 37
38. Sections 35, 36 and 37 do not apply to a seafarer where —(a)
the injury mentioned in section 35 or 36 was incurred otherwise than in the service of the ship;
(b)
the injury or sickness mentioned 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 16(1) of the Work Injury Compensation Act 2019, or section 14(2) of the Work Injury Compensation Act (Cap. 354, 2009 Revised Edition) repealed by the Work Injury Compensation Act 2019, 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 must be reduced by the amount so received.[27/2019]
(2) Where a seafarer has received compensation under section 17 of the Work Injury Compensation Act 2019, or section 14A of the Work Injury Compensation Act (Cap. 354, 2009 Revised Edition) repealed by the Work Injury Compensation Act 2019, 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 must be reduced by the amount so received.[27/2019]
(3) Subject to subsections (1) and (2) and section 63 of the Work Injury Compensation Act 2019, or section 33 of the Work Injury Compensation Act (Cap. 354, 2009 Revised Edition) repealed by the Work Injury Compensation Act 2019, sections 35 and 36 do not affect any other legal remedies that a seafarer may have under any other rule of law in respect of the sickness or injury, 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 that action must take into account the payment made under section 35 or 36; and
(b)
a seafarer must not be compensated more than once in respect of the same expense or wages.[27/2019]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
