Contenido:

WORKERS RIGHTS AND OBLIGATIONS

In a general way, the Spanish Constitution protects the worker's right to life and physical integrity (art. 15), to health (art. 43) and to an adequate environment (art. 45).

All workers have the recognised right of "effective protection regarding the health and safety in the workplace". At the same time, they have the obligation of carrying out all measures in their power to execute their work in a safe way.

It is the ship owner who has the greater responsibility in this regard, as it is his general obligation to guarantee the health and safety of the workers in all aspects related to work.

The worker enjoys, in this area of Security and Hygiene, the right to:

• Information about existing risks in his place of work, including the results of the periodic inspections carried out there (considering that there is a growing presence of foreign workers on board ships, this information should be given to the crew in an understandable way).
• Consultation and participation in the improvement of working conditions, whether in an individual way or through established routes (Safety and hygiene Committee, On Board Safety Delegation, etc.).
• Free and sufficient training on how to avoid health threats as a result of professional risks (for example, simulations and fire drills), along with the right to be provided with free individual protective equipment.
• Confidential communication with the authorities regarding all complaints or non-completion of duties in this area.
• Free medical observation and periodic health check ups, along with the right to know the results (Working case-history).
• The possibility to appeal before the appropriate authorities, in case of disagreement with the rating of the professional illness or workplace accident.

Bearing in mind that women are progressively joining the maritime profession, it should be remembered that the community law exempts pregnant women from working in certain activities or with certain risk agents. (E.g.: submarine activities, working with lead and its derivatives, nightshifts).

In the chapter on obligations of crewmembers, we should stress:

• The preventive measures adopted should be enforced according to training and to the ship owners instructions;
• The appropriate use of tools, substances and resources needed to carry out work;
• Use of protective resources and equipment as instructed by the ship owner;
• Immediately inform a superior and the person responsible for medical assistance about whatever situation that could, in your opinion, pose a threat to the health and lives of the crew;
• Contribute and comply with the instructions of the authorities in this field.

The improvement in health and hygiene of the Maritime Worker is an objective that should never be compromised for purely economic reasons. A satisfactory degree of on board health brings benefits of all types of sea companies, including higher productivity and better labour relationships.

For further information you should consult specific texts on the subject, such as those edited by the Marine Social Institute.