2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

7.   Conduct of medical examination

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    (1)   A recognized duly qualified medical practitioner who conducts a medical examination shall take into account the vision standards set out in Schedule 1.

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    (2)   The recognized duly qualified medical practitioner shall be satisfied in each case that —

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      (a)     no disease or defect is present which could either be aggravated by working at sea or represent an unacceptable health risk to the seafarer, other crew or the safety of the ship;

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      (b)     no condition is present which is likely to lead to problems during voyages and no treatment is being followed which might cause adverse side effects.

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    (3)   Notwithstanding subregulations (1) and (2), the recognized duly qualified medical practitioner shall take into account occupational circumstances which apply at sea including —

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      (a)     the potentially hazardous nature of seafaring, which calls for a high standard of health and continuing fitness;

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      (b)     the restricted medical facilities likely to be available onboard a ship;

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      (c)     the possible difficulty of providing or replacing required medication;

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      (d)     the confined nature of life onboard a ship and the need to be able to live and work in a closed community;

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      (e)     the limited crew complements which mean that illness of one crew member may place a burden on others or impair the safe and efficient working of the ship;

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      (f)     the potential need for crew members to play a role in an emergency drill, which may involve strenuous activity in adverse conditions;

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      (g)     since many seafarers will need to join and leave ships by air, the need for a seafarer to be free from any condition which precludes air travel or could be seriously affected by it, such as pneumothorax or conditions which are predisposed to barotrauma.

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    (4)   A recognized duly qualified medical practitioner may, with the consent of the seafarer, consult with the seafarer's doctor, and when it is necessary to consult with the seafarer's doctor the usual ethical considerations apply, but the decision on medical fitness rests with the recognized duly qualified medical practitioner.

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    (5)   A recognized duly qualified medical practitioner who conducts a medical examination under this regulation shall —

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      (a)     make a report of each medical examination in the form set out in Schedule 2; and

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      (b)     retain the report under paragraph (a) for a period of 6 years.