Information on appeal on the seafarer's doctor's decision and application for exemption from health requirements

APPEAL

You may appeal the seafarer's doctors decision should you consider that his/her case handling is incorrect. It may be that the seafarer's doctor e.g. has

1. misinterpreted the Health Regulation including the Appendix
2. breached the Public Administration Act's requirements for case management
3. exercised too strict a discretion, or
4. have not investigated the matter sufficiently

An appeal is directed to the seafarer's doctor who has made a decision on unfitness/restricted medical certificate. The seafarer's doctor has a duty to assess whether the decision should be changed or upheld, and if it is upheld, to prepare the case for the Appellate Body for health cases' consideration.

In the appeal, you must stat what the appeal regards, and to give your reasons and arguments on why your appeal should be acted upon.

APPLICATION FOR EXEMPTION FROM HEALTH REQUIREMENTS  

You may apply for an exemption from one or several health requirements if you have received a Declaration of unfitness or a restricted Medical certificate, and you consider yourself to work at sea. You should justify why you believe that you meet the health requirements.

An application for exemption from health requirements is addressed to the seafarer's doctor who made the decision on unfitness/restricted medical certificate. The seafarer's doctor has a duty to assess whether the decision should be changed or upheld, and if it is upheld, prepare the case for the Appellate Body for health cases' consideration.

APPEAL AND APPLICATION FOR EXEMPTION

You may appeal the seafarer's doctors decision and apply for exemption from the health requirements simultaneously.

CLARIFICATION

It must be clear whether you are appealing the seafarer's doctors decision or applying for an exemption, or both. If you have appealed and the seafarer's doctors decision is upheld, the Appellate Body of health cases will not proceed with assessing exemption from the health requirements without it being clear that you actually also want to have the possibility of exemption assessed.

CONSEQUENCES

One consequence of applying for an exemption from the health requirements may be to receive a very limited Medical certificate. If you e.g. have received a permanent Declaration of unfitness and the appeal or application for exemption are acted upon, you may be limited in postion, trade area, validity period or set special conditions for working on board. These restrictions may limit your oppertunity for employment. When the Appellate Body for health cases assesses medical fitness, you may receive a certificate that denies you nautical positions, despite that you still may have safety functions or may perform other work on board. This might imply that you cannot actually work on a vessel, even if you have a Medical certificate. 

You must lodge an appeal within three weeks from the date of the decision, cf. Section 29 of the Public Administration Act.

Application for exemption does not have any time limits.

Both appeal on the seafarer's doctors decision and application for exemption from the health requirements must be in writing and signed by yourself. The appeal/application is sent to the seafarer's doctor who made the decision on Declaration of unfitness or restricted Medical certificate.

You must justify the appeal/application for exemption and explain what you want to be changed. In addition, you must inform of your position, work tasks (including function in case of fire and evacuation), any safety- or engine-/lookout-function, type of vessel, working hours, crew and trade area. 

The seafarer's doctor considers whether the decision on Declaration of unfitness or limited Medical certificate should be upheld or changed.

If the decision is upheld, the seafarer's doctor prepares the case for the Appellate Body of health cases' consideration, and send your appeal/application to the Norwegian Maritime Authority (NMA). His/her professional assessment and other relevant documentation is included.

The seafarer's doctor is responsible for ensuring that the case is as thoroughly as possible before it is sent to the NMA. This implies that the seafarer's doctor encloses his/her individual risk assessment, all relevant medical information and his/her reasoned recommendation to the Appellat Body for health cases.

The seafarer's doctor has a duty of guiding you, cf. Section 11 on the Public Administration Act.

The NMA receives, registers and forwards appeal/application for exemption to the Appellate Body for health cases for consideration. If the case is deficient,  the NMA may request further information from the seafarer's doctor before the case is forwarded to the Appellate Body for health cases.

The Appellate Body has three members and consists of a doctor who is the chair of the professional committee, a representative from a trade union, and a representative from the NMA, cf. Section 13 on the Health Regulations.

The Appellate Body assesses the case on the basis of the submitted information and documentation, and makes a decision. All cases are individually assessed in accordance with the purpose of the Health Regulations, cf. Section 1. The Appellate Body does not grant exemptions from Section 1, nor an exemption from the requirements set in a binding international minimum standard (currently vision requirements).

When the Appellate Body has considered your case, they send their decision to the NMA, which will send the Appellate Body's final decision to you and the seafarer's doctor. Upon receiving the decision, the seafarer's doctor shall issue a Medical certificate or a Declaration of unfitness accordingly to the Appellate Body's decision.

The Appellate Body's decision is final and cannot be appealed against.

Normally, appeals or applications for exemptions are completed within three months.

You are obliged to bring the decision to a seafarer's doctor as he/she will issue a Declaration of unfitness or a Medical certificate in accordance with the Appellate Body's decision. 

Furthermore, you have a duty to bring the Appellate Body's decision along to future medical examinations.