Public Administration Act for Seafarer`s doctors Aleksander Grieg,

Legal Adviser

29.08.2014

Our vision

Together for improved safety at sea in a clean environment

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Foto: Vaage foto

Maritime Norway

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Central Acts:

• The Ship Safety and Security Act • The Norwegain Maritime Code • The Ship Worker’s Act • The Petroleum Act • Legislation on environment protection • Public Adm. Act / Open Files Act

Ministry of Climate and Environment

Norwegian Coastal Administration

Coast Guard

Petroleum Safety Authority

Accident Investigation Board Norway (AIBN)

Professional and industrial bodies

Trade unions

International forums: • IMO • ILO • EU/EØS • EMSA • ISWAN • Paris MoU • MAIIF • MAIG • Nordic maritime administrations

Ministry of Trade, Industry and Fisheries

Main tasks

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• Flag State Control

Ensure that ships flying the Norwegian flag (NIS and NOR)

comply with Norwegian legislation

• Port State Control

Inspect foreign ships in Norwegian ports – Paris MOU

• Host State Control

Ro-ro ferries and high-speed passenger vessels in the EEA

• Promote NIS/NOR as quality ship registers

• Audits of classification societies, shipping companies, approved

enterprises and technical supervisory bodies. Foto: Vaage foto

Main tasks continued

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• Round-the-clock emergency response for incidents at sea

• Issuance/renewal of vessel certificates

• Issuance/renewal of certificates to personnel

– Approx. 14.000 per year

• Documentation checks for newbuildings, conversions and flag-ins

• Develop rules and regulations

• National “Focal point” for ISPS

• Motivational measures for better attitudes and behaviour at sea

Organization

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• 330 employees

• Head office in Haugesund

• 8 regions with 17 regional and district offices along the coast

• 1 welfare station abroad

Organization chart

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Relevant Acts and regulations

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Constitution

Public Administration

Act The Ship Workers Act

Regulation, Working

enviornment, health and safety

Regulation, Medical supplies

on ships

Ship Safety and Security Act

Regulation , Medical

Examnination of employees on

Norwegian Ships

What is a Seafarer`s doctor?

- Its a doctor that has been given authority by the NMA in accordance with the

Medical examination regulation § 7 and § 9.

- Its only when the doctor is working within the scope of this regulation that he

is considered a Seafarer`s doctor.

- If you are doing something other than what is described in the regulation or

the acts you are not acting as a seafarers doctor. You are then acting as a

regular doctor.

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What can a Seafarer`s doctor do?

- Conduct medical examinations.

- Issue health certificates, § 10 and § 11.

- Issue declarations of unfitness § 12.

- Any other action is outside the scope of the regulation.

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How should the Seafarer`s doctor do his job?

- He is still a doctor, the professional standards and legislation for

doctors still apply.

- He must follow the procedural legislation set out in the Public

Administration Act and the material law in the Ship Safety and Security

Act.

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Who does the public administration act apply to?

- Any Norwegian administrative government body.

- Private legal person or entity making «individual

decisions» on behalf of an administrative body.

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What is an individual decision?

- Its a «decision» regarding rights and obligations of one or several specific

people.

- A «decision» in the public administrations act, means a verdict made by or on

behalf of an administrative body.

- The issuing of a health certificate by a Seafarer`s doctor meets both these

criteria, the seafarer has a right to a health certificate and the seafarer`s

doctors is acting on behalf of the NMA. Issuing a health certificate is an

«individual decision».

- Therefore the public administration act applies to the case work of all

Seafarer`s doctors.

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Overview of the most pertinent articles of the act.

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§ 6 Impartiality

- Before you start a medical examination you must first consider if you are

viewed as impartial.

- The most common issues with impartiality is, family relations, friendship, or

business relations.

- This is an objective standard, not a subjective.

- Ask yourself, will other people believe that my relationship with this seafarer

influence my decision?

- Impartial does not mean incompetent.

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§ 11 A duty to give guidance

- A Seafarer`s doctor shall give guidance to the seafarer on all matters

relevant to his case.

- Inform him/her on how to appeal, help write the appeal.

- The purpose of the guidance is to aid the seafarer so that he can safeguard

his rights under the act.

- How much guidance is needed will vary from case to case.

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§ 17 Information and research duty

- The case shall be as well researched as possible before a decision is

made.

- The goal is to find a balance between what is possible to do and what

is reasonable and economically viable.

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§ 23 and § 24 Individual decisions must be made

in writing and be explained

- The party to a case has a right to be given a written and justified

decision by the doctor.

- A medical explanation and a legal basis for the decision.

- A party to a case also has the right to view the case files, § 18.

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§ 28 Appeal

- The seafarer can appeal the seafarer`s doctors decision.

- The doctor will assist the seafarer with the appeal.

- The seafarer does not need a good case in order to appeal.

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When an appeal is made, the doctor shall:

- Re evaluate his decision.

- If the doctor agrees with the appeal, he must change his decision.

- If he does not agree with the appeal, the appeal letter (signed by the seafarer)

and supplementary information shall be sent to the NMA.

- The NMA process the appeal.

- The appellant body makes their ruling on the appeal.

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§ 41 Invalid decisions

Procedural errors: The decisions is made in the wrong way. If the

error can have effected the decision, the decision can be ruled to be

invalid.

- Impartiality.

- Not giving a medical og legal justification for your decision.

Material errors: Making a decision that's outside the scope og the

regulation.

- Health certificate that's valid for three years.

- Invalid decisions will be consider null and void.

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Summary of Seafarer`s doctors legal position

- The purpose of the medical examination is to make an “individual

decision”.

- You must use §§ 10, 11 or 12 when making the individual decision

under the regulation. (Issue a health certificate or a declaration of

unfitness)

- A seafarers doctor is by extension a civil servant and must adhere to

the Public Administration Act, Ship security Act and the regulations.

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Thank you for your attention!

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