reasons of humanitarian assistance across EU member states”.
27 The criminalisation
risk for seafarers and fishermen is unfortunately very real.
5 Rescue at Sea and Occupational Hazards
OSH is in general a neglected field of studies despite being one of the most important
issues for worker protection. Technical prescriptions have dominated the contents of
the employer’s safety obligation in national legislations until awareness was raised
upon its organizational aspects—the development of a managerial strategy in order
to prevent and reduce dangers and risks at work—; and occupational medicine shed
light on the workers’ physical health. Nevertheless, OSH is more comprehensive
than these issues as its core objective is to achieve well-being within the work
environment. The employer’s safety obligation also covers psychophysical and
psychosocial factors at work, including the behavioural aspect of the employerworker-worker dynamics and worker participation as essential to comply with the
said obligation (ILO/WHO 1986).
Framed in this vein, there is still much room for research on maritime professionals’ OSH. The Maritime Labour Convention, 2006 (MLC, 2006) is a milestone
as all its provisions deal with seafarer’s well-being, specifically devoting two titles to
OSH matters. While Title 3 deals with accommodation and recreational facilities,
food and catering, Title 4 of the MLC, 2006 aims at health protection, medical care,
welfare and social security protection. The Convention concerning work in the
fishing sector, 2007 (No. 188) (C188) is somehow less specific although it covers
in Part V and Part VI similar issues as those dealt with by the MLC, 2006. In general,
both conventions articulate the employer’s safety obligation towards seafarers and
fishermen as the particularities of work at sea require a tailor-made approach in terms
of occupational hazards (Oldenburg et al. 2010). A remarkable example is piracy at
sea and its impact on maritime labour whose categorization as occupational risk has
led to the 2018 amendment of the MLC, 2006: the shipowner’s safety obligation
does not expire as a result of the seafarer’s capture, but goes beyond repatriation to
ensure his or her well-being.
Maritime migration is a diffuse risk for the time being as it is not an immediate
threat to maritime professions as piracy can be. However, the significance of the
challenge for the professions might have been underestimated as abovementioned.
There are no certain figures, but the International Chamber of Shipping (ICS) (2015)
reported that 121 ships participated in the rescue of 13,888 people only in 2016
(IMO 2016). The same report indicates that the number of merchant ships involved
27 See Commission Staff Working Document. Executive Summary of the REFIT Evaluation of the
EU legal framework against facilitation of unauthorised entry, transit and residence: the Facilitators
Package (Directive 2002/90/EC and Framework Decision 2002/946/JHA), Brussels, 22 March
2017 [SWD (2017) 120 final], at p. 3.
88
L. Carballo Piñeiro
27 The criminalisation
risk for seafarers and fishermen is unfortunately very real.
5 Rescue at Sea and Occupational Hazards
OSH is in general a neglected field of studies despite being one of the most important
issues for worker protection. Technical prescriptions have dominated the contents of
the employer’s safety obligation in national legislations until awareness was raised
upon its organizational aspects—the development of a managerial strategy in order
to prevent and reduce dangers and risks at work—; and occupational medicine shed
light on the workers’ physical health. Nevertheless, OSH is more comprehensive
than these issues as its core objective is to achieve well-being within the work
environment. The employer’s safety obligation also covers psychophysical and
psychosocial factors at work, including the behavioural aspect of the employerworker-worker dynamics and worker participation as essential to comply with the
said obligation (ILO/WHO 1986).
Framed in this vein, there is still much room for research on maritime professionals’ OSH. The Maritime Labour Convention, 2006 (MLC, 2006) is a milestone
as all its provisions deal with seafarer’s well-being, specifically devoting two titles to
OSH matters. While Title 3 deals with accommodation and recreational facilities,
food and catering, Title 4 of the MLC, 2006 aims at health protection, medical care,
welfare and social security protection. The Convention concerning work in the
fishing sector, 2007 (No. 188) (C188) is somehow less specific although it covers
in Part V and Part VI similar issues as those dealt with by the MLC, 2006. In general,
both conventions articulate the employer’s safety obligation towards seafarers and
fishermen as the particularities of work at sea require a tailor-made approach in terms
of occupational hazards (Oldenburg et al. 2010). A remarkable example is piracy at
sea and its impact on maritime labour whose categorization as occupational risk has
led to the 2018 amendment of the MLC, 2006: the shipowner’s safety obligation
does not expire as a result of the seafarer’s capture, but goes beyond repatriation to
ensure his or her well-being.
Maritime migration is a diffuse risk for the time being as it is not an immediate
threat to maritime professions as piracy can be. However, the significance of the
challenge for the professions might have been underestimated as abovementioned.
There are no certain figures, but the International Chamber of Shipping (ICS) (2015)
reported that 121 ships participated in the rescue of 13,888 people only in 2016
(IMO 2016). The same report indicates that the number of merchant ships involved
27 See Commission Staff Working Document. Executive Summary of the REFIT Evaluation of the
EU legal framework against facilitation of unauthorised entry, transit and residence: the Facilitators
Package (Directive 2002/90/EC and Framework Decision 2002/946/JHA), Brussels, 22 March
2017 [SWD (2017) 120 final], at p. 3.
88
L. Carballo Piñeiro