training on working and living conditions of seafarers ... of seafarers (maritime labour convention,...

European Maritime Safety Agency Training booklet

Training on Working and Living

conditions of Seafarers (Maritime Labour Convention, 2006)

Lisbon, 14-16 September 2010

Training on working and living conditions of seafarers

Meeting Room -1/11

14 September 2010

15 September 2010

09:00 Registration and Coffee

09:15 Welcome address

09:30 General introduction and Articles of the MLC Nikos Katsoulis

10:15 Coffee Break

10:30 MLC – Title 5: Flag State enforcement Giuseppe Russo

11.30 Exercise – Quizzes TRUE/FALSE on the Title 1 of

MLC

12:00 MLC - Title 1: Minimum requirements for

seafarers to work on a ship Giuseppe Russo

12:45 Lunch

14:30 Exercise – Quizzes TRUE/FALSE on the Title 2 of

MLC Nikolaos Katsoulis

15:00 MLC – Title 2: Seafarers’ Employment

Agreement (SEA) and Wages Veronica Frank

15:45 Coffee Break

16:00 Practical activity – Review a section of a

Seafarers Employment Agreement Nikolaos Katsoulis

17:00 De-briefing, discussion

17:15 End of the first day

09:00 Registration

09:05 MLC – Title 2: Hours of work and hours of rest Nikolaos Katsoulis

09:45 MLC – Title 2: Entitlement to leave, repatriation,

manning levels Veronica Frank

10:30 Coffee break

10:45

Practical activity – Prepare model national

requirements related to entitlement to leave and

repatriation

Nikolaos Katsoulis

11:45 MLC – Title 3: Accommodation, recreational

facilities, food and catering Giuseppe Russo

of 2

16 September 2010

12:45 Lunch

14:30 Practical activity – Actions to be taken on food

and catering Nikolaos Katsoulis

15:30 Coffee break

15:50 Practical activity – Actions to be taken on food

and catering Nikolaos Katsoulis


17:00 End of the second day

09:00 Registration

09:05 Exercise – Quizzes TRUE/FALSE on the Title 4 of

MLC Nikolaos Katsoulis

09:30 MLC – Title 4: Health, medical care, welfare and

social security protection Veronica Frank

10:30 Coffee break

10:45 MLC – Title 5: Complaints Giuseppe Russo

11:15 MLC – Title 5: Port State Control Jaime Gonzalez

12:00 Case study: PSCOs’ decisions Jaime Gonzalez

13:00 Lunch

15:00 Experience from a Member State involved in the

implementation of the MLC – United Kingdom Neil Atkinson

15:45 Coffee break

16:00 Experience from a Member State involved in the

implementation of the MLC – United Kingdom Neil Atkinson

16:45 The EU and working and living conditions of

seafarers


17:00 End of the third day

1

Maritime Labour Convention

General introduction and Articles

Giuseppe Russo

Project Officer for Co-operation and Training

2

Maritime Labour Convention General introduction

Common Terminology and Concepts and where to look for more information

– ILO - www.ilo.org– Tripartism and social dialogue – Decent Work – International Labour Standards – ILO supervisory system– IMO- www.imo.org– Flag State – Port State – Port State Control Memorandum of Understanding (PSC MOU)

(http://www.parismou.org) – (Ship) Classification Societies (“ROs”) - For example -

http://www.iacs.org.uk/

3


Seafarers’ working and living conditions

4


Seafarers have always been of special concern to the International LabourOrganization (ILO)

5


Tripartite consultation and the development of the

Maritime Labour Convention 2006

• for seafarers: comprehensive & effective protection

• for governments & shipowners: a level playing field & flexibility on details

6


Why did the ILO decide to develop a new Convention?

February 2006

7


The purpose of the Maritime Labour Convention, 2006

8


A consolidationof the existingmaritime labourinstruments

9


Combining the “best of the old with the new”

• to achieve universal acceptance with a new approach to securing compliance, and

• building upon well-established approaches developed, in particular, in ILO Convention No. 147 and STCW and SOLAS

10

Maritime Labour Convention The Articles

Structural overview of the Convention

– 1st level: Articles

– 2nd level: Regulations

– 3rd level: A two-part Code

–Part A: Mandatory Standards

–Part B: Non-mandatory Guidelines

(Explanatory note)

11


Example of vertical integration (extracts)

– Regulation 1.2 – Medical certificatePurpose: To ensure that all seafarers are medically fit to perform their duties at sea1. Seafarers shall not work on a ship unless they arecertified as medically fit to perform their duties.

•…– Standard A1.2 – Medical certificate

1. The competent authority shall require that, prior to beginning work on a ship, seafarers hold a valid medical certificate attesting ...

•…

– Guideline B1.2 – Medical certificate

• Guideline B1.2.1 – International Guidelines1. The competent authority ... should follow…

12


Who or what does the MLC, 2006 apply to?

– Seafarers

• all persons working on a ship (to which the Convention applies)

– Ships

• all ships, ordinarily engaged in commercial activities except for:

– ships exclusively in inland waters, etc;

– ships engaged in fishing, etc;

– warships and ships of traditional build.

•See: Article II Definitions & Scope of Application

13


Flexibility for governments under the MLC

Is it possible to exclude:

– categories of seafarers or ships?

– particular provisions?

14


Flexibility for governments under the MLC

– concerning the means of implementing the requirements of the Convention;

– thanks to Part B of the Code;

– through “substantial equivalence”.

15


Warning:

it is not the job of an inspector to verify whether national laws or other measures comply with the requirements of the Convention. This is a matter addressed by the ILO supervisory system

16


Seafarers’ Rights

Fundamental rights and principles

– Article III

(a) freedom of association and collective bargaining;

(b) elimination of forced labour;

(c) effective abolition of child labour;

(d) elimination of discrimination in respect of employment and occupation.

17


Seafarers’ RightsSeafarers’ Employmentand Social Rights

– Article IV1. a safe and secure workplace

2. fair terms of employment

3. decent working and living conditions onboard, health protection, medical care,social protection

18


Implementation and Enforcement (including regular inspections)

– Article V

3 kinds of international responsibilities:

• Flag State (Title 5, Regulation 5.1)

• Port State (Title 5, Regulation 5.2)

• Labour Supply (Title 5, Regulation 5.3)

19


Implementation and Enforcement Responsibilities

– Article V

• Port State control

No more favourable treatment

20


Entry into force ofthe Convention

– Article VIII

• Initial entry into force

Entry into force for each Member State

21


Keeping the Convention effective and up to date

– Special Tripartite Committee

Accelerated amendmentprocedure

22


� Filling a gap in tripartite consultation

� Special Tripartite Committee

23

Any question?

MLC 2006

24

Thank You

for listening!!!

1


Title 5

Flag State enforcement

2

General principles

National provisions implementing the MLC

Maritime Labour Convention Flag State inspection and certification

3

National provisions implementing the MLC

– National determinations

– National flexibility

– National inspection system

– Recognized Organizations (Ros)


4


CERTIFICATION

– Maritime Labour Certificate (Regulation 5.1.3)

– Interim Maritime Labour Certificate (Regulation 5.1.3)

– Declaration of Maritime LabourCompliance (DMLC) (Regulation 5.1.3)

5


The MLC flag State inspection system

Key features

Compliance with national regulations, collective bargaining agreements, etc.

The DMLC

•Part I (completed by the competent authority)

•Part II (completed by the ship-owner)

6


The MLC flag State inspection system

Key features

The DMLC Part II

• newly built ships

• ships already in operation

7


Nature of the MLC 2006 inspection

– Technique

– Preparation

8


– Application to all ships

– Ships not subject to certification

– Requests for certification

– Reports of inspection

9


– First inspection

– Construction plans

– DMLC

10


– Intermediate inspection between the 2nd and 3rd anniversaries

– Renewal Inspection

– Should be within 3 months of the expiry of the old certificate

– Change of flag or ownership

11


Phasing-in of certification on entry into force of the Convention

– Year 1: bulk carriers and passenger ships

– Year 2: all other ships requiring a certificate

?

12


Inspecting the MLC, 2006 maritime labour

requirements

• General

• Areas of inspection

• Mandatory areas for certification

• Chapter 3 of the inspection guidelines

• Reminder lists

13


Action to be taken if deficiencies are

identified

Chapter 4 of the Flag State Guidelines

– Does the deficiency seriously affect the safety of the ship?

– Is it a significant danger to the safety, health or security of any seafarer?

– Is it a serious breach of requirements (including seafarer rights)?

14


Action to be taken if deficiencies are

identified

Chapter 4 of the Flag State Guidelines

– Rectification plan

– Report of inspection

– Authority, reasonableness, confidentiality

15

Any question?

MLC 2006

16

Thank You

for listening!!!

Maritime Labour Inspection Training Package

Module D: Title 1 – Minimum Requirements for Seafarers to Work on a Ship

QUIZZES TRUE/FALSE

1 Under the MLC, 2006, the employment, engagement or work on board a ship of any person

under the age of 16 as well as night work of seafarers under the age of 18, shall be

prohibited.

TRUE □ FALSE □

2 While you were inspecting a ship you discovered that one of the seafarers under the age of

18 was performing night watchkeeping. The Officer of the Watch explained that the

seafarer was on a recognized training programme. This situation may be permitted on an

exceptional basis under the MLC, 2006

TRUE □ FALSE □

3 Under the MLC, 2006 seafarers without a valid medical certificate are still allowed to work

on a ship so long as they are medically fit.

TRUE □ FALSE □

4 A medical certificate issued meeting the substance of the requirements of STCW is

acceptable under the MLC, 2006 even for seafarers who are not covered by the STCW.

TRUE □ FALSE □

5 While you were inspecting seafarers' medical certificates, you found that one of the medical

certificates was to expire in 4 years Under the MLC, 2006 this would be acceptable.

TRUE □ FALSE □

6 Although there are various formats for medical certificates, depending on the nationalities of

the seafarers, a medical certificate must state that the medical conditions of the seafarer

concerned such as hearing and sight, and, where relevant, colour vision are satisfactory and

that he/she is not suffering from any medical condition that is likely to be made worse by

service at sea or to render the seafarer unfit for such service or endanger the heath of others

on board.

TRUE □ FALSE □


7 During an examination of seafarers' medical certificates you discover that that a certificate

for a seafarer who is under the age of 18 was issued 16 months earlier. You were told by

the officer on board that this certificate is still valid. Is the officer's statement true or false?

TRUE □ FALSE □

8 One of your flag ships has just returned from a voyage of 1 month and you went on board to

conduct a flag State inspection. You discovered that the medical certificate of one of the

seafarers expired while the ship was at sea. This is acceptable under the MLC, 2006.

TRUE □ FALSE □

9 While you were inspecting a ship engaged in international voyages, you discover that one of

the medical certificates is not in English but it is in the working language of the seafarer

concerned. Under the MLC, 2006, so long as the seafarer understands the document then it

is acceptable.

TRUE □ FALSE □

10 A seafarer has not completed a personal safety course. The officer in charge tells you that

this is a mandatory IMO requirement but it is not a concern under the MLC, 2006. The

officer's information is correct.

TRUE □ FALSE □

11 If a shipowner uses a private recruitment and placement service that is based in the flag

State then the MLC, 2006 requirements regarding licensing or certification or other form of

regulation do not apply.

TRUE □ FALSE □

12 Shipowners using seafarer recruitment and placement services that are based in countries in

which the MLC 2006 does not apply do not need to conform to the requirements under

Regulation 1.4

TRUE □ FALSE □

13 Inspectors need not be concerned if a recruitment and placement service that is operating in

another country charges seafarers a fee limited to the cost of providing the service.

TRUE □ FALSE □

1


Title 1

Minimum requirements for seafarers to work on a ship

2

Minimum age

Medical certificate

Training and qualifications

Recruitment and placement

What should be checked?

What are the ship-owners’measures for ongoing compliance?

Maritime Labour Convention Minimum requirements for seafarers to work on a ship

3


MINIMUM AGE

Regulation 1.1

– Standard A1.1 – Guideline B1.1

Purpose:

to ensure that no under-age persons work on a ship

4


MLC 2006 - Minimum age

– 16 unless a higher age is prescribed in the Code

– 18 for night work

– for work jeopardizing health or safety

5



Night work:

exceptions to strict compliance can be made by the competent authority when the night work is:

• essential for effective training, or

• required by specific duties or training programme and harmless to health/welfare of seafarers

• A fundamental right• Action in the case of non-compliance

6



7


MEDICAL CERTIFICATE

Regulation 1.2

Standard A1.2 – Guideline B1.2

Purpose:

to ensure that all seafarers are medically fit to perform their

duties at sea

8


MLC 2006 - Medical certificate

Before working on a ship, each seafarer must have:

• a valid medical certificate

• issued by a duly qualified medical practitioner (DQMP)

• attesting that the seafarer is medically fit to perform his/her duties STCW certificate must be accepted

9



Before working on a ship, each seafarermust have:

– a valid medical certificate (two years – one year if under 18)

– attesting that the seafarer is medically fit to performhis/her duties

• Hearing

• Sight

• Colour vision (six years)

• No medical condition adverse to the seafarer concerned or to others on board

– Certificate in English if ship ordinarily engaged in international voyages

10



Valid but expired medical certificates may be used until next port of call where certificate can be obtained from a DQMP:

If authorized by the competent authority

• in urgent cases

• where expiration recent

• maximum three months

– Where a certificate expires in course of voyage

• maximum three months

11



Seafarer’s individual rights

– to privacy

– a further examination, by

• another independent medical practitioner, or

• an independent medical referee where a certificate isrefused or a limitation is imposed

12


TRAINING AND QUALIFICATIONS

Regulation 1.3

Purpose:

to ensure that seafarers are trained or qualified to carry out their duties on board ship

13


TRAINING AND QUALIFICATIONS

Seafarers must:

– be trained or certified or otherwise qualified to perform their duties

– have successfully completed training for personal safety on board ship

14


RECRUITMENT AND PLACEMENT

Regulation 1.4– Standard A1.4 – Guideline B1.4

Purpose:

to ensure that seafarers have accessto an efficient and well-regulated seafarer recruitment and placement system

15



Public services must operate in an orderly manner that protects and promotes seafarers’ employment rights.

Private services must operate in an accordance with a standardized system of licensing, certification, etc.

All services are subject to close supervision and control

16



Private services

– qualified seafarers must not be prevented or deterred from gaining employment

– no fees or other charges must be borne by seafarers

– the country must ensure that private services•maintain an up-to-date register

•make sure seafarers know their agreed rights and duties

•verify that seafarers hold the necessary qualifications for the job and have employment agreements that are in accordance with the national requirements and any collective bargaining agreement that applies

•make sure, as far as practicable, that the ship-owner has the means to protect seafarers from being stranded in a foreign port

•examine and respond to any complaint about their services

•establish a system of protection (insurance or other equivalent measure) to compensate seafarers for monetary loss resulting from the failure of the service, or the ship-ownerunder the employment agreement, to meet their obligations.

17



Checking for compliance by ship-owners

1. Direct engagement by the ship-owner

2. Recruitment through a public service (in an MLC country)

3. Recruitment through a private service

1. in the inspectors’ country

2. in another MLC country

4. Recruitment through a service not based in an MLC country

18


MLC 2006 - Minimum requirements for

seafarers to work on a ship

Checking for compliance

– What should bechecked?

– What are the shipowners’measures for ongoing compliance?

19


Action to take when deficiencies are identified

Key questions

1. Does the deficiency seriously affect the safety of the ship?

2. Is it a significant danger to the safety, health or security of any seafarer?

3. Is it a serious breach of requirements (including seafarer rights)?

If “yes” to any of these - consider detaining the ship

20


Action to take when deficiencies are identifiedSpecific questions

– might the deficiency justify detention (and/or certificate withdrawal)?

– how many, if any, repetitions could be tolerated?

– could it be addressed over a stated period of time (a plan/proposal to rectify) and, if so,

• how would you plan to follow up to make sure it is rectified?

• are special measures needed to prevent repetition?

• are sanctions called for?

• special considerations?

21

Any question?

MLC 2006

22

Thank You

for listening!!!


Module E: Title 2 – Conditions of Employment

QUIZZES TRUE/FALSE

1 Seafarers need to be given an opportunity to examine and seek advice on their seafarers'

employment agreement before signing.

TRUE □ FALSE □

2 During an inspection you find that a copy of a seafarer's employment agreement is not on

board. You are told that the agreement is on file at the shipowner's office. This is acceptable.

TRUE □ FALSE □

3 During an examination of a seafarers' employment agreement, you discover that it says

nothing about the repatriation of the seafarer. The ship's master says that the national laws and

regulations do not require inclusion of this particular component. This is correct,

TRUE □ FALSE □

4 While you were inspecting a ship engaged in international voyages, you discovered that the

copy of a standard form of the SEA was not also in English. As long as the SEA is in the language

of the seafarers on board this is not important.

TRUE □ FALSE □

5 During a private interview with a seafarer, you are told that under normal circumstances, her

or his payment due is paid within a month, but sometimes payment arrives a week or two late. A

review of the payroll records confirmed this finding. This is an acceptable accounting-related

variation under the MLC, 2006.

TRUE □ FALSE □

6 You are told that monthly wage slips are provided to seafarers. A close look at the copies

of the individual accounts reveals that one of the copies contains a statement of the basic

wages but the amount is less than the payment entitlements stated in the SEA. The

specific amounts paid are a concern for ITF inspectors but it is not a question for an

MLC, 2006 inspection, so long as wages are paid.

TRUE □ FALSE □


7 The currency exchange rate applied to allotments requested by seafarers seems

unreasonable. This is a matter for the banks and is not covered by the MLC, 2006.

TRUE □ FALSE □

8 While you were checking hours of work for seafarers on a ship, you found that the notice of

shipboard work arrangements contained only the schedule of service at sea and service in port. This

information is not enough under the MLC, 2006.

TRUE □ FALSE □

9 During an inspection, you discover that the records shown to you are only endorsed by the

master. This is all that is required by the MLC, 2006.

TRUE □ FALSE □

10 While you are checking the records of work, you discover that a few seafarers exceed the

maximum hours of work specified in MLC, 2006. A check with the master revealed that the

schedule was suspended to allow the ship to assist persons in distress at sea. Suspension of the

schedule is not allowed even in this situation.

TRUE □ FALSE □

11 A check of the Seafarers' employment agreement revealed that Seafarer SLIP is given 2

calendar days of leave entitlement per month of employment. This is below the minimum allowed

by the MLC, 2006.

TRUE □ FALSE □

12 A seafarer has agreed to forgo the minimum annual leave with pay in exchange for a larger

sleeping room. The seafarer is very happy with the exchange. As long as it is fair in the

circumstances, this situation is permitted by the MLC, 2006.

TRUE □ FALSE □

13 You were told that the shipowner/ship manager intends to provide financial security to

ensure that seafarers are duly repatriated in accordance with MLC, 2006. They have not yet done so

but seafarers have, in fact, been repatriated as required. As long as seafarers are repatriated then

the question of security is not important.

TRUE □ FALSE □


14 While going through a few copies of the seafarers' employment agreements provided by the

ship, you discover that although a general right to repatriation is stated, there is no information as to

the circumstances in which the seafarers are entitled to repatriation. Under MLC, 2006, it is

sufficient to recognize the entitlement without explaining the details.

TRUE □ FALSE □

15 During an inspection, you have asked a few of the seafarers to show you their copies of the

applicable national provisions regarding repatriation and all of them were able to do so. You asked

one of them about the content of their coverage. The seafarer, who is not a national of the flag State

claimed to be unable to understand it as the copy is written in English, which is not the seafarer's

language. Under the MLC, 2006, this is not acceptable.

TRUE □ FALSE □

16 While you were checking the safe manning of a ship, you have asked for a copy of the Safe

Manning Document (SMD) or an equivalent issued by the competent authority. The master of the

ship replied to you that the ship does have a copy but the document is kept in the ship's office

ashore. Under the MLC, 2006, there is no need to produce the SMD for inspection.

TRUE □ FALSE □

17 During the detailed examination of a copy of the Safe Manning Document against the

number and/or qualification of seafarers, you discovered that there was a mismatch. Under the

MLC, 2006 this is not acceptable.

TRUE □ FALSE □

1


Title 2

Seafarers’ Employment

Agrement and Wages

2

Maritime Labour Convention Seafarers’ Employment Agreement (SEA)

Regulation 2.1 – Standard A2.1 – Guideline B2.1

Purpose:

to ensure that seafarers have a fair employment agreement

3


Requirements:

“seafarers […] shall have a seafarers’ employment agreement […] providing them with decent working and living conditions on board the ship as required by this Convention.”

4


Requirements:

– All seafarers must have a signed SEA

5


Requirements:


– SEA may take a number of forms:

• including incorporation in a collective bargaining agreement (CBA)

6


Requirements:

� All seafarers must have a signed SEA

� SEA may take a number of forms

� SEA must contain

specified particulars

7


Requirements:


– SEA may take a number of forms

– SEA must contain specified particulars

– Terms of SEA must be clear

8


Requirements:


– SEA may take a number of forms

– SEA must contain specified particulars

– Terms must be clear

– SEA must have been freely accepted with sufficient understanding

9


Seafarers’ employment agreements

1. Requirements for

• SEAs, and

• Records of employment

10


Seafarers’ employment agreements

1. Requirements for

• SEAs, and

• Records of employment

2. Use of the information contained in the SEAs

11


Useful to refer to SEAs when inspecting:

(a) minimum age

(d) manning levels; hours of work or rest and medical certificate

(e) wages

(f) paid annual leave

(h) ship-owner liability for health and medical care and social security protection benefits

(i) repatriation entitlements

12


Checking for compliance with Regulation 2.1

– All ships

– Certified ships

13

Maritime Labour Convention Wages


Purpose:

to ensure that seafarers are paid for their services

14



All seafarers must

– be paid for their work:

• at no greater than monthly intervals, and

• in full

– receive monthly accounts

– be able to transmit earnings to their families, dependants or legal beneficiaries

15


– Calculation and payment

– Minimum wage

16



17

Any question?

MLC 2006

18

Thank You

for listening!!!


Module G: Title 4 – Health Protection, Medical Care, Welfare and Social Security Protection

SEA

SAMPLE ONLY

Contract for the provision of services as ship’s cook

The contract set out below has today been concluded in Pluriporto between:

HOTEL SEA SERVICES CO. LTD., whose registered office is at 111-115 Adriatic Ave., 34000

Pluriporto, Plurilandia

and

TANJA ROSA SPOILMEAL, resident at 24A Outskirt Rd., 24128 Lointain, Plurilandia, hereinafter

called “the Seafarer”

The undersigned parties have agreed as follows:

1. During the period of this Contract the Seafarer will perform the services of ship’s cook on ships

owned by Level Sea Company, 12 Diamond Offices, Shipshape, Airebil, hereinafter called “the

Shipowner”.

2. The Seafarer will be assigned by the Shipowner from to time to time to the ships on which she

is to work and will work under the orders of the master of the ship and any persons designated

by the master.

3. The Seafarer will have the grade of Junior Officer and will be paid, at monthly intervals, the

wages and overtime attached to that grade.

4. The normal hours of work will be from 8 a.m. to 12 noon and 4 p.m to 8 p.m. from Monday to

Saturday. The Seafarer will in addition perform overtime work as necessary.

5. The Seafarer will be entitled, pro rata, to annual leave of 30 calendar days per year.

6. This Contract is concluded for such time as the Seafarer’s services are needed by the

Shipowner. It may however be terminated:

(a) by the Shipowner, without notice, in the case of serious and wilful misconduct on the part of

the Seafarer or on the discovery of any false statement made by the Seafarer to obtain the

present assignment;

(b) by the Shipowner, on written notice of at least two weeks, when the Seafarer’s services are

no longer needed by the Shipowner;

(c) by the Seafarer, without notice, in the case of non-payment of wages or any other serious

breach by the Shipowner of the present Contract;

(d) by the Seafarer, on written notice of at least one week, if the Seafarer, through no fault of

her own, is no longer able to carry out her duties as ship’s cook or cannot be expected in the

circumstances to carry out her duties;

(e) by the Seafarer on written notice of at least three weeks without having to give any reason.

7. The Shipowner will pay all travel expenses from the Seafarer’s place of residence set out

above, including board and lodging where applicable, to enable the Shipowner to join ship, as

well as the expenses of repatriation to her place of residence upon the expiry of this contract or

upon its termination in accordance with clause 6(b)(c) or (d) above.


8. In the event of pregnancy the Seafarer will immediately notify the Master and will be

repatriated no later than the 26th week of pregnancy with 100 days pay for basic wages.

9. In the case of illness or injury on board, the Seafarer will promptly receive:

(a) advice and treatment by the ship’s doctor and nurses;

(b) the necessary medicines and first-aid material in so far as available on board;

(c) any necessary hospital care.

10. Where an illness or injury requires medical care (including dental care), equipment or facilities that are not available on board, the Seafarer may visit a doctor or dentist in a port of call as

soon as practicable.

11. The medical treatment referred to in paragraph 1 above will be provided to the Seafarer at the most favourable rates.

12. The Seafarer is entitled to sick leave of 2.5 calendar days per month of service. During sick leave, the Seafarer will continue to receive full wages (without bonuses).

13. If an injury or illness is incurred in the service of the ship and was not due to any wilful misconduct on the part of the Seafarer, the Seafarer is entitled to:

(a) provision of medical care including hospitalization abroad at the Shipowner’s expense

(b) if repatriated due to lack of fitness for work as result of illness or injury of the cost (other

than illness or medications covered by the Seafarer’s mandatory personal insurance) of

medical care for a maximum period of 128 days

(c) payment of basic wages during this period of illness or disability up to a maximum of 128

days.

14. In the event of death the Shipowner will ensure a full and adequate burial at sea and facilitate the return of the Seafarer’s personal possessions to the designated family member as soon as

possible after the death. The cost of the return of possessions and for the burial are to be

reasonable and will be deducted from any amounts owing to the seafarer at the time of death.

15. The Shipowner has concluded agreements for appropriate insurance to cover medical and other liabilities under this agreement.

Signed this day, 6th February 2010, by:

for Hotel Sea Services Co. Ltd The Seafarer

……… ………

Howard N. Makebelief Tanja Rosa Spoilmeal

Deputy Manager

0

MODULE E

TITLE 2:

Conditions of Employment

MLC 2006

HOURS OF WORK AND HOURS OF REST

1

TITLE 2: Conditions of Employment

1.Seafarers’ employment agreements

2.Wages

3.Hours of work and hours of rest

4.Entitlement to leave

5.Repatriation

6.Seafarer compensation for the ship’s loss or

foundering

7.Manning levels

8.Career and skill development and opportunities

for seafarers’ employment

2

TITLE 2: Conditions of Employment

MLC 2006: HOURS OF WORK AND HOURS OF REST

Regulation 2.3 - Standard A2.3 – Guideline B2.3

•Purpose: to ensure that seafarers have regulated hours

of work or hours of rest.

• IMO/ILO Guidelines on Seafarers Hours of Work and Rest

3

MLC 2006: Hours of work or hours of rest

– Minimum hours of rest must not be less than:

• 10 hours in any 24 hour period, 77 hours in 7-day period

– Hours of rest may be divided into no more than two periods:

• one of the periods must be at least six hours in length, interval max 14

hours

– Normal working hours’ standard based on:

• 8 hour day, 1 day rest per week, rest on public holidays

4


– Musters, fire-fighting and lifeboat drills and other prescribed drills must be conducted in a manner that minimizes the disturbance of rest periods and does not induce fatigue.

– Seafarers on call, such as when a machinery space is unattended, must have adequate compensatory rest period if the normal period of rest is disturbed by call-outs to work.

5


A table with the shipboard working arrangements must:

– be posted in an easily accessible place

– contain for every position at least:

• the schedule of service at sea and service in port; and

• the minimum hours of rest or maximum hours of work

required by national laws or regulations or applicable

collective agreements

– be in a standardized format in the ship’s working

language(s) and English.

6


– Suspension in emergencies of the schedule of hours of rest or of work

– Adequate period of rest for seafarers’ affected

7


Emergencies:

• Situations affecting ship’s and crew safety and or the environment’s protection, examples:

• - Collision

• - Grounding

• - Stranding

• - Fire

• - Explosion

• - Mechanical failure

• - Sickness

• - Pollution prevention or incident

• - etc

8

MLC 2006: Hours of work and hours of rest

Recognition of Fatigue

• It is accepted, that during inspections the inspecting Officer might come across a complete lack of records or falsified records. In such cases, it may be useful for him/her to have an understanding of fatigue and to identify it.

- In this regard, attention is drawn to IMO’s MSC Circular

MSC/Circ. 1014 of 12 June 2001, entitled “Guidance on Fatigue

Mitigation and Management”.

- ITF Guidelines on “Fighting Fatigue” 28 July 2006.

9

MLC 2006 - Hours of work or hours of rest

Records of daily hours of rest or of work must be:

– maintained for seafarers in a standardized format in the ship’s working language(s) and English

– endorsed by the Master or authorized person and by theseafarer concerned

The seafarers must receive a copy of the records pertaining to

them.

10


Special provisions for young seafarers under the age of 18:

:

– working hours not to exceed 8 hours a day and 40 hours a week

– overtime worked only where unavoidable for safety reasons;

– sufficient time allowed for meals, and one hour break (at least) for

main meal of the day.

– a 15-minute rest period as soon as possible following each two

hours of continuous work.

11



12

MLC 2006: Hours of Work and Rest

Inspection tips

- Tables in working language and English

- Check records of hours of work or rest

- Check possible infringement

- Tables signed by master and Seafarer

- Copy to Seafarer

- Endorsement by Flag State

(do not expect to be up to date)

13

MLC 2006: Hours of Work and Rest

Possible deficiencies:

- Records of hours of work or rest have been maintained but are missing some of the required information.

- Copies of relevant laws, regulations or collective agreements concerning

maximum hours of work/minimum rest not kept on board and/or not easily accessible to the crew.

- Seafarer on board under the age of 18 regularly working at night (but not as part of an established training programme).

- Shipboard working arrangements for all seafarers has not been posted.

- The table of shipboard working arrangements has been posted but is missing some of the required information.

- Shipboard working arrangements are not easily accessible to the crew.

- Records of hours of work or rest have not been maintained for all seafarers. - Seafarers are found to have been working excessive hours or have notreceived sufficient rest.

- Seafarer on board under the age of 16. - Table of shipboard working arrangements and/or forms for recording of

working hours or rest periods are not available in both the working language or languages of the ship and in English.

- Evidence of exceeding the limits of work and no record of suspension of the schedule, in accordance with Standard A2.3, paragraph 14, has been noted in a logbook or other document.

14

MLC 2006: Hours of work and rest

Grounds which may warrant detention:

• Inability to provide persons who are sufficiently rested and otherwise fit for duty for the first watch at the commencement of a voyage and for the subsequent relieving watches (STCW).

• Essential personnel as master and chief engineer showing signs of excessive fatigue. And in the judgement of PSCO regarding the next voyage the situation of excessive fatigue may occur immediate danger for the safety of the ship, the crew and/ or the environment (This deficiency should not be a stand-alone deficiency but should be supported by objective evidence).

• Records of hours of work or rest have been falsified to hide excessive working hours or insufficient rest.

1


Title 2

Entitlement to leave, repatriation and manning levels

2

Maritime Labour Convention Entitlement to leave, repatriation, manning levels

ENTITLEMENT TO LEAVE


Purpose:

to ensure that seafarers have adequate leave

3


Entitlement to leave

Seafarers must be:

– given paid annual leave, and

– granted shore leave.

Agreements to forgo minimum annual leave are prohibited

(except in cases provided for by the competent authority)

4



Calculation of the entitlement

Counted as part of the period of service:

– service off-articles;

– justified absences from work

• at an approved maritime vocational training course;

• illness or injury; or

• maternity

• public holidays

• shore leave

• compensatory leave

Paid leave at the seafarer’s normal remuneration level

5



Taking of annual leave

– time of annual leave

– place of annual leave

– free transportation where seafarer requiredto take leave in a specified place

– recall from annual leave granted shore leave.

6


REPATRIATION


Purpose:

to ensure that seafarers are able to return home

7


REPATRIATION

1. Seafarers have a right to be:

• repatriated

• at no cost to themselves

• in the circumstances and under the conditions specified in the Code

2. Ship-owner must provide financial security

3. No advance payment by seafarer or (except in one case) recovery of payment from seafarer

4. Seafarers to have copy of national provisions

8


REPATRIATION

Repatriation is required where, after a specified period of service:

1. The SEA expires when the seafarer is abroad

2. The SEA is terminated

• by the ship-owner or

• by the seafarer in justified circumstances

3. Seafarer can no longer carry out duties, or be expected to do soin the circumstances

9


REPATRIATION

Precise entitlements to be accorded by shipowners

– Cost of transport normally by air to:• the place of the seafarers’ engagement

• the place stipulated by collective agreement

• the seafarer’s country of residence

• a place agreed at the time of engagement at the choice of the seafarer

– Accommodation and food until destination

– Pay and allowances until destination

– Transportation of 30kg personal luggage

– Necessary medical treatment

– Time needed for repatriation not to be deducted from accrued leave

10


MANNING LEVELS


Purpose:

to ensure that seafarers work onboard ships with sufficient personnel forthe safe, efficient and secure operationof the ship

11


MANNING LEVELS

There must be a sufficient number of seafarers employed on board to ensure that ships are operated:

– safely, efficiently and with due regard to security under allconditions

in accordance with:

– the minimum safe manning certificate or an equivalent document,and

– the standards of this Convention (including food and catering)

and taking account of :

– seafarer fatigue and

– the particular nature and conditions of the voyage

12


Entitlement to leave, repatriation, manning levels


13



Key questions:




If “yes” to any of these - consider detaining the ship

14



Specific questions








15

Any question?

MLC 2006

16

Thank You

for listening!!!

PRACTICAL ACTIVITY – Prepare model of national requirements related to entitlement to

leave and repatriation

DISCUSS (40 minutes) WITHIN YOUR GROUP AND PREPARE MODEL OF

NATIONAL REQUIREMENTS RELATED TO THE:

1. Regulation 2.4 – Entitlement to leave

Standards A2.4 – Entitlement to leave

Guidelines B2.4 – Entitlement to leave

2. Regulation 2.5 – Repatriatrion

Standards A2.5 – Repatriatrion

Guidelines B2.5 – Repatriatrion

APPOINT A SPEAKER PRESENTING YOUR MODEL AND DISCUSS WITH THE

OTHER GROUPS

1


Title 3

Accommodation, recreational facilities, food and catering

2


• 3.1 Accommodation and recreational facilities

• 3.2 Food and catering

3

Maritime Labour Convention Accommodation, recreational facilities, food and catering

Accommodation and recreational facilities


Purpose:

To ensure that seafarers have decent accommodation and recreational facilities on board

Requirements relating to

construction or equipment only apply to ships built on or after the

entry into force of the convention

4


Basic requirements - Accommodation and recreational facilities

– general requirements (Standard A3.1, para. 6)

– the size of rooms & other accommodation spaces (Standard A3.1, paras9, 10)

– heating and ventilation (Standard A3.1 para. 7)

– noise and vibration & other ambient factors (Standard A3.1, para. 6(h))

– sanitary & related facilities (Standard A3.1, paras 11, 13)

– lighting (Standard A3.1, para. 8)

– hospital accommodation (Standard A3.1, para. 12)

– recreational facilities (Standard A3.1, paras 14, 17)

– occupational safety & health and accident prevention (Standard A3.1, paras2(a), 6(h))

KEY AREAS set out by the para 4

of Standards A3.1

5



Basic requirements

Flexibility

Variations & exemptions

1. Special Purpose and passenger Ships and ships less than

3000 GT2. Differing and distinctive religious and social practices

3. Ships of less than 200 GT

6



Design and construction

General requirements

1. Headroom

2. Insulation

3. Position of sleeping rooms

4. Lighting & drainage

5. Health, safety, accident prevention

Minimum of 203 cm

Living quarters and some working areas

Above the load line and aft of the collision bulkhead

Applied to accommodation, recreational and

catering facilities

7



Design and construction

Detailed guidance in

Part B of the Code 3.1.1

1. Bulkheads

2. Protection from heating systems

3. Accommodation spaces should be insulated

4. Non-slip decks

5. Avoid dirt traps

8



Ventilation

Basic requirements

– Sleeping rooms and mess rooms to be adequately ventilated

– Air conditioning except in temperate zones

– Open-air ventilation for sanitary spaces

9



Ventilation



1. Should supply fresh air in all conditions

2. Shouldn’t be too noisy

3. Must be able to clean the system

4. Must be constantly powered, but need not be on the emergency system

Basic requirementAdequate heating except in tropical climates

10


Heating

11


Heating



1. In operation at all times

2. Using an appropriate means

3. Maintaining satisfactory temperature

4. Avoiding risks or discomfort

12


Lighting

Basic requirement

Natural light and adequate artificial light for sleeping rooms and mess rooms (special arrangements may have been permitted for passenger ships)

13


Lighting



1. Electric lighting

2. Berth lights

3. Natural light

14


Sleeping rooms

Basic requirements1. Principle of one room per seafarer

2. Separate rooms for men and women

3. Separate berth in all circumstances

Minimum inside dimensions of berths4. Minimum floor areas

5. Additional space for certain officers

6. Minimum furnishing to be provided

Possible exemptions for ships below 3000 GT

Standard A3.1 para 9

15


Table of floor areas for sleeping rooms

Criteria(in GT)

Single berth sleeping rooms

Double berth sleeping rooms in cargo ships

Ratings sleeping rooms in passenger

ships

Officers sleeping rooms in passenger ships (no day

room)

Officers sleeping rooms in cargo ships (no day

room)

Special purpose ships

<3000 tons 4.5 m2

<3000 tons 7 m2 7.5 m2 /person

3000 tons –10000 tons

5.5 m2 8.5 m2 /person

10000+ tons 7 m2 10 m2 /person

2 ratings 7.5 m2 7.5 m2

3 ratings 11.5 m2 11.5 m2

4 ratings 14.5 m2 14.5 m2

>4 persons 3.6 m2 /person

Junior Officers(no day room)

7.5 m2 /person 7.5 m2 /person

Senior Officers

(no day room)8.5 m2 /person 8.5 m2 /person

16


Sleeping rooms



1. Toilet facilities, where reasonable/practicable

2. Partners to be taken into account

3. Watch-keepers separate from others

4. Petty Officers, maximum 2 per room

5. Second Engineers, additional space if possible

6. Requirements for berths

7. Other fittings

8. Measuring floor space

17


Mess rooms

Basic requirements

1. Location: apart from sleeping rooms; close to galleys

2. Adequate size & comfort; properly furnished and equipped


Standard A3.1 para 10

18


Mess rooms

Detailed guidance


1. Common or separate?

2. Size: 1.5m2 per person

3. Sufficient equipment and facilities

19


Sanitary facilities

Basic requirements

1. Access, hygiene, comfort; separate for men & women

2. Laundry facilities


Standard A3.1 para 20(a) and 21

20


Sanitary facilities

Basic requirements and detailed

guidance

1. Facilities of adequate quality

2. Convenient location

3. Number: minimum 1 per 6 persons

4. Laundry facilities to be provided

21


Hospital accommodation

Basic requirements

– Separate accommodation for ships with 15+ seafarers on voyages lasting 3+ days (rule can be relaxed by competent authority for ships in coastal trade)

– To be used only for medical purposes

– Easy to access, comfortable housing, conducive to prompt & proper attention

22



Detailed guidance


1. Functional design

2. Number of berths prescribed by authority

3. Exclusive sanitary accommodation

23


Other facilities to be provided

Basic requirements and detailed guidance

1. Open air on deck

2. Offices

3. Protection from mosquitoes

4. Other amenities


24



Recreational facilities, mail and ship visit arrangements

Basic requirementsAppropriate facilities, amenities and services, as adapted to meet the special needs of all seafarers who must live and work on ships

Detailed guidance1. Examples of appropriate facilities

2. Minimum that must be provided

3. Facilitation of mail

4. Seafarers’ partners & other visitors onboard ship

Recommendations on what would constitute

appropriate facilities, amenites and services is given in

guideline B3.1.11

Reading, writing and playing games

Prevention of noise and vibrationBasic requirements and detailed guidance

25


One the area highlighted for particular attention in the paragraph

4 of Standard A3.1

ILO Code of practice “Ambient factors in the workplace, 2001”

26


Food and catering


Purpose:

To ensure that seafarers have access to good quality food and drinking water provided under regulated hygienic conditions

27


Food and catering

Basic requirements

Food & drinking water supplies:

suitable quantity, nutritional value, quality & variety having regard to the number of seafarers, their religions or cultures, & duration & nature of voyage

The actual presence of supplies

Adequate planning of suppliesEnsuring supplies planned are of suitable quantity and quality

28


Food and catering

Basic requirements

Properly organized and equipped catering department;

Hygienic preparation and serving

Are there indicators of unhygienic conditions?

YES, there are

Indicators of potentially unhygienic practices

29


Food and catering

– Frozen meat not adequately separated from other frozen foods

– Food maintained at above the standard temperature for frozen or chilled food

– Raw food touching or dripping onto cooked food

– Ready-to-eat food kept uncovered or for too long

– Ready-to-eat food used beyond the “Use by” date

– Food stored close to cleaning products

– No cleaning products available

– Presence of pests

– Galley staff without clean, required clothing

– Inadequate facilities for frequent hand-washing

– Inadequate spaces for hot & cold running water for washing food

– Food handled by staff smoking, eating, drinking or unwell

– Dirty or untidy galleys or equipment

– Dirty extractor fans or filters

– Chopping boards scratched, pitted or scored, or used for both raw meat and cooked food

If even a single one of these indicators is found, the

inspector should carry out a meticulous examination of the catering facilities and practices on the ship

30


Food and catering

Basic requirements

Adequate, varied and nutritious meals provided free of charge during the seafarers’ engagement

31


Food and catering

Basic requirements

Properly trained or instructed catering staff

• ships’ cooks: 18+

• dispensations by competent

authority (next port of call or

maximum 1 month)

Qualified according Standard A3.2 (5)

Dispensation only in “circumstances of exceptional necessity”

32


Food and catering

Basic requirements

Frequent documented inspections of:

• food & drinking water supplies

• all storage and handling spaces & equipment

• galley & other equipment for preparing and serving food

Within a well-established systemRecords

33



Accommodation, recreational facilities, food and catering

• Measures in the DMLC II (Frequent inspections?)• Compliance with measures

• Results of frequent inspections

• FS guidelines, Ch.3 pages 57-61

34

Any question?

MLC 2006

35

Thank You

for listening!!!

Task Sheet F3: Actions to be Taken

Task:

You will be given copies of HANDOUTS F2 and F3 containing: o details (for a maritime labour certificate) concerning the ship to

be inspected; o an extract from the DMLC Part I and a (defective) DMLC Part II,

relating to accommodation and recreational facilities and food and catering

Remember that the DMLC Part II contains the measures proposed by the ship owner to ensure ongoing compliance with the national requirements implementing the MLC, 2006, which are summarized in the DMLC Part I You will be working in groups with two tasks:

o 1st l acting as the inspector during the first inspection of the ship, at which the DMLC Part II has to be approved. The Group will note defects in the DMLC Part II (taking account of the DMLC Part I) and agree on how those defects should be rectified.

o 2nd acting as the inspector for a subsequent inspection. Draft a checklist of actions to be taken (including request for and review of relevant onboard documents) to ensure that the measures in the DMLC Part II, as rectified on the previous proposal, are actually being carried out.

o in plenary, the Groups will comment on their respective outputs. The groups • Review the DMLC Part II with a view to identifying its defects • suggest corrections to the DMLC Part II; • consider the actions to be taken (including request for and review

of relevant onboard documents) to ensure that the measures in the DMLC Part II, as rectified, are actually being carried out.

The plenary • discusses the actions drawn up by each Group

�� You have 60 minutes to prepare for the discussion.


HANDOUT F2

Module F: Title 3 – Accommodation, Recreational Facilities, Food and Catering

Extracts

Maritime Labour Certificate …

Particulars of the ship

Name of ship EXCELSIOR BRIGHT

Distinctive number or letters 154B34

Port of registry Comultz

Date of registry 25.10.2014

Gross tonnage 2930

IMO number 6798224

Type of ship Cargo

Name and address of the shipowner SeaBillRights Inc

Courrier 13

HK-3750 Cloat

…

Declaration of Maritime Labour Compliance – Part I …

8. Accommodation (Regulation 3.1)

Shipping Law, No. 123 of 1905, as amended (“Law”), Chapter III; Shipping Regulations

(“Regulations”), 2010, Rules 801-876.

Basic Requirement

Ships must provide and maintain decent accommodation and recreational facilities for their

seafarers on board that is consistent with promoting their health and well-being (Law, Art. 30).

Ship construction and equipment

The requirements listed below for ship construction and equipment do not apply to ships whose keel

was laid prior to date of entry into force of the Convention (17.09.2011) (Law, Art. 31). No other

Convention is applicable.

The requirements comply with Standard A3.1, para. 6 and closely follow Guideline B3.1.1.

The minimum headroom requirement of 203 cm has been reduced for sleeping rooms to 10 cm

above the height of occupants under 193 cm tall. In passenger ships, sleeping rooms below the load

line are permitted in accordance with the Convention.

Ventilation and heating

The requirements comply with Standard A3.1, para. 7 and closely follow Guidelines B3.1.2 and

B3.1.3.

Seafarer accommodation on ships engaged in voyages north of latitude 23.5 degrees N or south of

latitude 23.5 degrees S must be maintained at no less than 20 degrees Celsius.

Sleeping accommodation

Required in all ships engaged in voyages where seafarers are on board for more than 18 hours.

The requirements comply with Standard A3.1, para. 9, and closely follow Guideline B3.1.5 where

reasonable and practicable.


Exemption: the sharing of sleeping rooms is permitted for ships under 3000 GT, subject to the

maximums on number of occupants that are laid down in Standard A3.1 and the requirement that

separate sleeping rooms be provided to men and women.

Exemption: for ships under 3000 GT, no day room need be provided to the chief engineer and chief

navigating officer, provided that the sleeping room floor area exceeds the minimum required by

Standard A3.1, para. 9(k) by at least 25%.

No additional facility is required for second engineers.

Exemption: for ships under 200 GT: two seafarers may, for a duration of not more than one week in

any month, occupy a room which has a floor area of at least 6 square metres and need not have a

wash basin.

Mess rooms

The requirements comply with Standard A3.1, para. 10, and closely follow Guideline B3.1.6.

Common mess rooms are permitted.

Lighting

Where natural lighting is impracticable in sleeping or mess rooms in passenger ships, approved

“simulated daylight” artificial lighting may be used.

Sanitary facilities

The requirements comply with Standard A3.1, paras. 11 and 12, and closely follow Guideline

B3.1.7.

Substantial equivalent: a wash basin need not be provided in either of two single-berth sleeping

rooms (for seafarers of the same gender) if they share an adjoining private bathroom in which a

wash basin is situated (Rule 855).


The requirements comply with Standard A3.1, para. 12, and closely follow Guideline B3.1.8. The

required minimum number of hospital berths is one for every 15 seafarers or fraction of 15, with a

minimum of 2.

Inspections

The following inspections must be carried out under the authority of the master:

- to ensure that seafarer accommodation and recreational facilities are clean and decently

habitable (at least once a week – or once every three days in the case of common sanitary

accommodation)

- to ensure maintenance of accommodation and recreational facilities and equipment in a good

state of repair (at least once every two weeks);

- to monitor noise and vibration in seafarer accommodation, recreational and catering and

working areas (at least once every two weeks).

The results of each inspection and any corrective actions must be recorded.

Other requirements

All other accommodation requirements in Standard A3.1 are complied with and the related

Guidelines are closely followed.

9. Onboard recreational facilities (Regulation 3.1)



The requirements comply with Standard A3.1, paras 14, 15 and 17 and closely follow Guideline

B3.1.11. The list of facilities including any planning for access and any charges for uses of

communication facilities must be available for inspection and must be reviewed by the Master and

representatives of the seafarers at the start of each voyage.

Smoking rooms, if provided, must not be near sleeping rooms or mess rooms and must be

separately ventilated.


The master must decide what facilities referred to in Guideline B3.1.11, paras 3 and 4 can be

provided, and on what terms if not free of charge, having regard to the possibilities on the ship and

safety and health considerations. The master must consult crew members from time to time. The list

of facilities must be reviewed at the start of each voyage.

10. Food and catering (Regulation 3.2)



Basic requirement

While on board, seafarers must receive food and drinking water of appropriate quality and

nutritional value and of sufficient quantity for the ship. They must be provided free of charge.

Account must be taken of differing cultural and religious backgrounds. Seafarers responsible for

food preparation must be properly trained and qualified.

Detailed requirements

The requirements comply with Standard A3.2 and Guideline B3.2.2.

Food and water supplies must meet the quantity and quality standards in the national “Health Eating

Guide” 2009. Copies of the Guide must be kept on board for inspection and posted in the catering

and mess room areas.

Ships’ cooks must be 18 or older and must have a national certificate or a certificate that has been

approved. A list of approved certificates is attached.

Inspections

The following inspections must be carried out under the authority of the master at least once a

week:

- food and drinking water supplies;

- spaces and equipment used for food storage and handling;

- galley and other equipment for the preparation and service of meals.

The results of each inspection and corrective actions must be recorded. Daily inspection of the

above must be carried out by or under the authority of the ship’s cook. Any deficiencies of a kind

that could result in harm to health must be immediately investigated (if necessary), reported to the

master and recorded.


HANDOUT F3

Module F: Title 3 – Accommodation, Recreational Facilities, Food and Catering

Extract Declaration of Maritime Labour Compliance – Part II – Original version …

8. Accommodation (Regulation 3.1)

An officer designated by the Master (“accommodation officer”) is issued with a list of sleeping

rooms and floor areas. For seafarers who do not already have a room assigned to them by reason of

their duties, the accommodation officer assigns a sleeping room (including in the hospital

accommodation when not in use) to the seafarer when joining the ship, and notes on the list his or

her position and gender, making sure that the one-week maximum period for the sharing of sleeping

rooms with a floor area of less than 7 sq. metres is respected. At this point, and whenever an

amendment of the list is necessary due to change of occupants, the accommodation officer

checks that the requirements have been met with respect to floor areas and to the convenient

availability of sanitary facilities for the occupants of sleeping rooms without a bathroom attached.

Only single-berth sleeping rooms are permitted below the load line. A copy of the list, as updated, is

kept on file on board ship for inspection with the DMLC. At the end of each voyage the copies are

sent to the Head Office of SeaBillRights Inc. The chief engineer (on behalf of the master) monitors

noise and vibration, at approximately 15-day intervals (but at least once on every voyage and more

frequently if excessive levels are noted), using the sensors, instructions for use and software

provided for this purpose and choosing a time and the places (at least three) where noise and

vibration are believed to be at their highest level. One copy of each printout (showing times,

settings and measurements) is provided to the ship’s safety representative and a copy kept on file on

board ship for inspection with the DMLC. At the end of each voyage the copies are sent to the

Head Office of SeaBillRights Inc. The chief engineer under the authority of the master carries out

weekly inspections to ensure that the accommodation and recreational facilities are clean, decently

habitable and maintained in a good state of repair. If any significant defects are found, a report

showing the date of the inspection, the nature of the defects and the date when they were rectified is

kept on file on board ship for inspection with the DMLC. At the end of each voyage the copies are

sent to the Head Office of SeaBillRights Inc.

9. Onboard recreational facilities (Regulation 3.1)

Prior to each voyage and when a seafarer later joins the ship, the accommodation officer is to

provide seafarers with a list of recreational facilities and a proposed schedule for access and

charges, if any, for the use of communication facilities. No charge is made for use in cases of

emergency. Seafarers are also invited to propose that other facilities or equipment be provided. The

responses are considered by the Master and taken into account to the extent considered appropriate

and possible – with respect to the current voyage and, where numerous requests are made for the

same facility, for future voyages. The Master transmits this information to SeaBillRights.

10. Food and catering (Regulation 3.2)

The ship’s cook is responsible for:

- checking the qualifications of all food-handling and catering staff and reporting to the

accommodation officer in writing;

- submitting (and revising where necessary) for the approval of the master—


o an estimate of the needs for food and drinking water for each day of the current voyage;

o plans for the food and drinking water supplies on the basis of that estimate;

- procuring the food and drinking water supplies as approved by the master;

- checking, for quality, samples of the food and drinking water procured;

- ensuring that food handling and catering staff respect the required standards of hygiene and

scrupulously observe use-by dates and other instructions on food and drinking-water labels;

- submitting the menus for each week to the accommodation officer for review, who will

transmit them to the master for approval

- checking that the standards are being fully observed by the food-handling staff.

Monthly inspections of food and drinking water supplies, spaces and equipment used for food

storage and handling, and galley and other equipment for the preparation and service of meals are

carried out by the accommodation officer under the authority of the master, and the results of each

inspection are kept on file on board ship for inspection with the DMLC. At the end of each voyage

the copies are sent to the Head Office of SeaBillRights Inc.

The accommodation officer also:

- checks that the meals provided correspond to the approved menus, and reports any

significant deviations to the master;

- looks into any complaints, and interviews seafarers in private, concerning the quantity,

quality and variety of meals and respect for religious requirements and cultural practices and

provides feedback to the ship’s cook.

…


HANDOUT G4

Module G: Title 4 – Health Protection, Medical Care, Welfare and Social Security Protection

QUIZZES TRUE/FALSE

1 Seafarers have a right to visit a qualified medical doctor or dentist without delay in ports of

call, where practicable.

TRUE □ FALSE □

2 During an inspection you find that there is a medicine chest and medical equipment as

required but there is no medical guide. The ship's master tells you that this meets the MLC, 2006

requirements because the ship has a medical doctor on board. This situation is acceptable.

TRUE □ FALSE □

3 During the inspection of a ship which does not carry a medical doctor, you were informed

that the seafarer in charge of medical care and administering medicine has not yet completed

training in medical care that meets the STCW requirements. This is acceptable under the MLC,

2006, for a period of less than one month.

TRUE □ FALSE □

4 While you were reviewing seafarers' employment agreements on a ship, you discovered that

the shipowners' responsibility in health protection and medical care of its seafarers on board are not

mentioned. The master shows you a letter confirming that the shipowner has provided financial

security to cover these responsibilities. This situation meets the requirements of the MLC, 2006.

TRUE □ FALSE □

5 Where seafarers' sickness or injury results in incapacity for work shipowners are liable to

pay full wages as long as the sick or injured seafarers remain on board or until they have been

repatriated.

TRUE □ FALSE □

6 While you were checking a ship's occupational safety and health policy and programme, you

could not find any information in it regarding the need to pay special attention to the safety and

health of seafarers under the age of 18. You were told that the MLC, 2006, does not make any

provision in this respect in favour of seafarers under 18. This is correct.

TRUE □ FALSE □


7 A ship has six seafarers working on board. Since this is a small crew a ship' safety

committee is not necessary.

TRUE □ FALSE □

8 When inspecting a ship you find the mandatory employer contributions to the flag State's

unemployment benefits scheme have not been made. The ship's master tells you that this is a

government responsibility under the MLC, 2006 and is not an issue for flag State inspections of

ships.

TRUE □ FALSE □

1


Title 4

Health, medical care welfare and social security

2

Maritime Labour Convention Health, medical care, welfare and social security protection

MEDICAL CARE ON BOARD SHIP AND ASHORE


Purpose:

To protect the health of seafarers and ensure their prompt access to

medical care on board ship and ashore

• FS obligation to ensure that standards are met on board ships

• Ship-owner obligation to respect the seafarer’s right to visit a medical doctor or a dentist

• Obligation on countries to provide access to medical care to seafarers coming

into their ports or communication facilities to provide medical advice to all ships

that are at sea

Basic requirements

3



1. Health protection and medical care

2. Standard medical report form

3. Hospital & medical care facilities on board

4. Medicine chest; medical equipment and guide

5. Qualified medical doctor

•National provisions

•Not only treatment but also preventative

measures

To be adopted by the competent authority

for the use of ships’ masters and relevant onshore and on-board medical personnel

CONFIDENTIAL when completed

•National provisions• International Medical Guide for Ships

•Medical First Aid Guide for Use in

Accidents Involving dangerous goods

•Ships with 100+ persons & ordinarily

engaged in international voyages of 3+

days•Qualified seafarers for other ships

4



Medical assistance (on shore) to other ships

Detailed guidanceCode Part B 4.1.4

Recommended to have on board a list of medical doctors and facilities available worldwide to provide emergency medical care to seafarers

5


SHIP-OWNERS’ LIABILITY


Purpose:

To ensure that seafarers are protected from the financial consequences

of sickness, injury or death occurring in connection with their

employment

•Mainly directed to national lawmakers

• Coverage must be stated in the SEA

• Financial security to ensure compensation in the event of death or long term disability due to an occupational

injury, illness or hazard

•Wages to be paid if the injury or sickness results in incapacity for work

6


SHIP-OWNERS’ LIABILITY

Basic requirements

1.When does this liability arise?

2.Financial security for death or long-term disability

3.Period during which medical expenses must be covered

4.Burial expenses

5.Payment of wages during sick leave

6.Exemption clauses

7.Safeguarding property

Date of commencing the duty and the date the seafarer is

duly repatriated

Until seafarer recovers or the injury is declared permanent

National law may limit the period to a minimum of 16 weeks

By national laws or regulation if injury or sickness:

• occurred otherwise than in service

• due to wilful misconduct of the sick

• intentionally concealed when the engagement is entered

into

7


HEALTH AND SAFETY PROTECTION AND ACCIDENT PREVENTION


Purpose:

To ensure that seafarers’ work environment on board ships promotes

occupational safety and healthImportant section as working at sea is intrinsically hazardous

in nature and accidents are far too common

Inspection and certification

8



Basic requirements

1. On-board policy and programme to promote OSH and prevent accidents, injuries & diseases; prevention or reduction of exposure; continuous improvement; risk evaluation; training; preventative measures; inspection for unsafe conditions

2. Regard for international instruments; safety culture on board; special attention for the under-18s; safety committee where ship has 5+ seafarers

3. Investigation and reporting of occupational accidents, injuries, diseases and identified hazards; protection of seafarers’ personal data

4. Warning seafarers of particular hazards

Objectives and requirements on board ships are summarized in the

FS guidelines [Standard a4.3, paragraph 1(b)]

9



Detailed guidance

1. ILO Codes of Practice

2. Content of the national guidelines

3. Risk assessment and reduction of exposure:“the preventative principle”

ILO publication “Accident prevention on board ship at sea

and in port”

Inspectors, Companies, Seafarers

Good guidance for national administrations

B4.3.1 recommend a risk assessment and provides for elements to be taken into account

10



Detailed guidance

Exposure to noise and vibration

Exposure to noise above certain levels does more

than impair hearing: it has a debilitating effect on

ones’s health in general

11



Detailed guidance - B4.3.4

1. Personal protective equipment

2. Guarding of machinery

Not only equipment but requirements and

procedures to use it

Machinery properly guarded

Obligation on seafarers to ensure the machinery is guarded

12



Detailed guidance

Personal protective equipment

13



Detailed guidance


14



Detailed guidance


15



Reporting and investigation of accidents

B4.3.5 and B4.3.6

Detailed guidance

– the working environment

– the age of the people involved

– physiological and psychological problems of the ship environment

– stress

– technological effects

– human failure

Under Standard A4.3 para 1(d)

Obligation to report occupational accidents

16



Detailed guidance

B4.3.7 and B4.3.8

Development and content of protection and prevention programmes

Recommendation both at national and company levels, including the

development of on-board guidelines on OSH and systemic risk

evaluation process

17



Safety, health education of young seafarers

B4.3.10

Detailed guidance

1. Restrictions on work

2. Training in OSH and accident prevention

Seafarers under the age of 18

National provisions

Drug and alcohol abuse

HIV/AIDS

18


ACCESS TO SHORE-BASED WELFARE FACILITIES


Purpose:

To ensure that seafarers working on board a ship have access to

shore-based facilities and services to secure their health and well-

being

No inspection and certification

Obligations on the countries not directed at FS or ship-owners responsibilities

However ship-owners still obliged to comply with Reg 2.4 para 2 and allow

seafarers to exercise their right to shore-leave

19


SOCIAL SECURITY


Purpose:

To ensure that measures are taken with a view to providing seafarers

with access to social security protection

Inspection (some elements) – No certification

Social security protection complementary to those provided

by seafarers under Regg. 41. (Medical Care) and 4.2 (Ship-

owners’ liability)

Mainly on the country in which the seafarer is ordinarily

resident

20


SOCIAL SECURITY

Payment of any mandatory contributions

Obligation on ship-owner

Stated in the SEA

Can be inspected

21



General

Implementing measures in place (DLMC II)

Measures implemented

Medical care

Seafarers familiar with procedures

Adequacy of medicine chest

Medical facilities and equipment on board

Ship-owners’ liability

Accident preventionSocial security

FS guidelines Ch 3.2, section 3.2, under

Regulation 4.2 and 4.3 “How to check the

basic requirements” and “Examples of deficiencies”

Procedures for recording and reporting

accidents

22


Key questions:




If “yes” to any of these – consider detaining the ship

23


Specific questions:



– could it be addressed over a stated period of time (a plan/proposal to rectify) and, if so





24

Any question?

MLC 2006

25

Thank You

for listening!!!

1


Title 5

Complaints

2

Maritime Labour Convention Complaints

The MLC, 2006 complaints “system”

– ILO supervisory system

– Flag State context

– Port State context

3


Flag State contextOn-board complaint procedures

4



Basic requirements & detailed guidance

1. National provisions for on board procedures implementing Regulation 5.1.5

2. Without prejudice to other legal rights of seafarers

3. Prohibition of victimization of seafarer for filling a complaint

5



On-board procedures must provide for:

1.“fair, effective and expeditious” handling of seafarer complaints on any alleged breach of MLC requirements (including seafarers’ rights)

2.resolution of complaints at lowest level possible

3.right of seafarer to complain directly to master & external authorities

4.safeguards against victimization

5.right of seafarer to be accompanied and/or represented

Seafarers to be given a copy of the on-board complaint procedures with information to contact relevant authorities and receive impartial assistance

6



Flag State responsibilities

1. What is a complaint?

2. Who can make it?

3. Who is it made to?

4. What does the inspector have to do?

7



Basic requirements & detailed guidance

– Complaint handling is difficult; you need to be tactful, sensitive and diplomatic

– Note especially the confidentiality statement in Standard A5.1.4, paragraph 10

– The appropriate role for ROs

8


Port State context

Two aspects:

– port State control inspection (Regulation 5.2.1)

– exercise of the right to complain to officers on shore(Regulation 5.2.2)

9


Port State context

Onshore seafarer complaint-handling procedures

Each Member (Port State) “shall” ensure (Regulation 5.2.2):

– Seafarers’ RIGHT to report a complaint

– WHO to report to? (Standard A5.2.2)

• “authorized Officer” in the port

10


Port State context

Onshore seafarer complaint-handling procedures

Authorized Officer “shall undertake” an INITIAL INVESTIGATION “where appropriate” (consider the nature of the complaint)

– a “more detailed inspection” (link to Standard 5.2.1 process)?

– On-board complaint procedures explored?

11


Port State contextOnshore seafarer complaint-handling procedures

Where appropriate seek to “promote resolution at a ship-board level”

BUT

If not resolved

– notify flag State

AND

If still not resolved

– transmit a copy of the authorized officer’s report to ILO

– inform port State shipowners’ and seafarers’ organizations

BUT

– if the initial investigation or an inspection finds a non-conformity within scope of Standard A5.2.1, paragraph 6, then that process applies

12


Port State context

The MLC, 2006 complaints “system”

Flag State context

– On-board complaint procedures

– Inspection and enforcement: complaints to the flag State

Port State context

– Inspection in a port

– Onshore seafarer complaint-handling procedures

13

Any question?

MLC 2006

14

Thank You

for listening!!!

1


Title 5

Port State Control

2

Maritime Labour Convention Port State Control

– Port State Responsibilities

– Inspections of foreign ships in a port[port State control (PSC)]

– Regulation 5.2.1 – Standard A5.2.1– Guideline B5.2.1

3


1. Every foreign ship may be inspected (Regulation 5.2.1)

2. By an “authorized officer”

3. For compliance with the “requirements of the Convention”(including seafarers’ rights)

4. “Requirements” means the Articles, Regulations and the Code, Part A only

4


Prepare for the inspection

Three main stages

1. Where applicable, review:

• the Maritime Labour Certificate, and

• the Declaration of Maritime Labour Compliance (DMLC)

2. Where justified or required, carry out a more detailed inspection

3. Take action in case of deficiencies or non-conformities

5


A PSCO having come on board MAY carry out a MORE DETAILED INSPECTION when:

a) the required documents:

• are not produced or maintained, or are falsely maintained, or donot contain required information or are otherwise invalid; or

b) clear grounds exist for the PSCO believing:

• working and living conditions do not conform to the requirements; or

c) reasonable grounds to believe:

• ship has changed flag to avoid compliance with the MLC, 2006, or

d) a complaint alleging that specific working and living conditions do not conform to the MLC, 2006

6


A PSCO having come on board MAY carry out a MORE DETAILED INSPECTION when (Standard A5.2.1, paragraph 1):

a) the required documents:

• are not produced or maintained, or are falsely maintained, or

• do not contain the information required by the MLC, 2006, or

• are otherwise invalid

7



b) there are clear grounds for the PSCO believing that the working and

living conditions on the ship do not conform to the requirements of the

Convention or

c) there are reasonable grounds to believe that the ship has changed flag

for the purpose of avoiding compliance with the Convention

8



d) there is a complaint alleging that specific working and living conditions

do not conform to the requirements of the Convention

No requirement for clear grounds etc, but the inspection:

• must generally be limited to the scope of the complaint

• may provide clear grounds for detailed inspection

Complaints from seafarers

9


A PSCO having come on board MUST carry out a MORE DETAILED INSPECTION when:

a)the working and living conditions constitute a clear hazard to:• safety, health, security of seafarers, or

b)the PSCO has grounds to believe that:• any deficiencies constitute a serious breach of the requirements of the MLC, 2006 (including seafarers’ rights).

10


Carrying out a “more detailed inspection”

1. Check for compliance with requirements• in the 14 areas listed in Appendix A5-III, or

• within the scope of the complaint to the extent considered appropriate

2. Base the inspection on the requirements of the Convention, referring to the DMLC Part I if deficiencies are found

3. Check for compliance with the ship-owner’s measures in the DMLC Part II

11


– Inspections under the MLC, 2006

– Similarities and differences with respect to inspections under other conventions

12


Taking action on deficiencies or non-conformities

– Inform the Master with deadlines for rectification

But

– If significant or related to a complaint also notify:

• seafarers’ and ship-owners’ organizations in the port State

and (optional)

• representative of the flag State

• competent authority in the next port

– Port State also has a right to transmit a copy of thePSCO report to the Director General of the ILO(attaching reply from the flag State).

13


Where any deficiencies or non-conformities are found, the PSCO must consider DETENTION (Standard A5.2.1, para. 6) if:

a) conditions are clearly hazardous to safety, health or security of

seafarers, or

b) the non-conformity constitutes a serious or repeated breach of the MLC, 2006 requirements (including seafarers’ rights)

14


Considering whether or not to accept a rectification proposal in the case of a detainable non-conformity

15


At all times PSCOs should keep in mind the obligation to make all possible efforts to avoid a ship being unduly detained or delayed

Standard A5.2.1, paragraph 8

– payment of compensation for any loss or damage suffered

– burden of proof on the complainant

16


Titles 1-4 & Title 5, Regulation 5.1.5

PSCO - Actions

Action to take when deficiencies and/or non-conformities are identified

– Range of possible actions

– Using professional judgment

17



PSCO - Actions

Key questions:

– Are the conditions clearly hazardous to safety, health or security of

seafarers ?

– Does the non-conformity constitute a serious or repeated breach of the

MLC, 2006 requirements (including seafarers’ rights)?

If “yes”, then the ship is not to sail until the deficiency is rectified or a plan

of action to rectify has been accepted.

18



PSCO - Actions

Specific questions

might the deficiency/non-conformity justify detention?



– how can a follow-up by the flag State and/or next ports of call be ensured?

– are special measures needed to prevent repetition?

– special considerations?

19

Any question?

MLC 2006

20

Thank You

for listening!!!

of 2

Training on Maritime Labour Convention

Task:

• Read the following according the group you belong to and discuss the case, then present the outcome of the discussion in plenary

• optional copies of HANDOUT I6 available

Group RED:

Consider the kind of circumstances which might justify a PSCO carrying

out a more detailed inspection in the following case:

The PSCO has not personally seen any clear indication of non-

compliance with the MLC, 2006. She feels that the ship’s documents are

in order, but are too good to be true, including the shipowner’s

measures in the DMLC Part II. In particular, she cannot believe that no

defects were ever found during the frequent inspections that the master

says were carried out on his behalf in accordance with Title 3 of the MLC

2006 (accommodation and food and catering). She asked to see the

records of such inspections, but was told that no record was necessary

precisely because there were no defects to record.

Group YELLOW:

Consider whether or not an appropriate plan of action to rectify non-

conformities could be accepted in the following situation, indicating (if

applicable) any other facts that would need to be ascertained before a

firm decision in this respect could be taken:

The ship was constructed 20 years ago. The main problem relates to its

electrical wiring. A young seafarer (aged 17) with a do-it-yourself

knowledge managed to repair it where this was essential: i.e. for the

engine-room, galley and sanitary facilities. But there is no heating, hot

water or lighting in the sleeping rooms or the recreation room. It does

not get colder than 10° centigrade at night and there are sufficient

blankets and electric torches.

An electrician in the port says that two or three days at least will be

needed for the complete rewiring that is required. However, if in two

of 2

days time the cargo is not unloaded at the ship’s port of final

destination, which is two days’ sailing away, the goods carried will be

out of date and the shipowner liable to substantial damages, which

could push it into liquidation.

There are other problems: Wages are eventually paid but normally

several weeks late. A defect noted at a previous port of call, namely

careless record-keeping for hours of work, still continues. But there are

some records that have been properly kept. These records, as well as

interviews, in private, with seafarers, indicate that they are probably

not working excessively long hours.

There are 14 seafarers on board, who would be likely to lose their jobs

if the shipowner goes into liquidation.

Group GREEN:

Indicate the possible content of an acceptable plan of action to rectify

the non-conformities in the situation being considered by the PSCO of

Group YELLOW. .

IMPLEMENTATION OF THE MLC,2006 – A FLAG STATE VIEW

Neil Atkinson

Marine Surveyor

UK Maritime and Coastguard Agency

PRESENTATION AIMS

• To give a UK perspective on

implementation of the MLC, 2006.

• To explain how we intend to fulfil our roles

under the Convention as a flag State.

• To highlight some particular inspection

issues.

ROLE OF THE UK AS A FLAG

STATE• Certification of ships of 500gt or over.

• Inspection of ships that are less than

500gt.

• Investigation of crew complaints – through

MCA Marine Office surveyors acting in

accordance with procedures to be agreed

with Social Partners.

INSPECTION AND

CERTIFICATION• Building on ILO 178 (ratified by UK in 2003).

• Inspection of all UK ships covered by the MLC – approximately 1500 in total.

• Of which about 813 are of 500gt or over and will need to be certificated.

• Bulk carriers and passenger ships as first priority, in line with ILO Resolution 17.

IMPLEMENTATION OF THE

MLC INSPECTION REGIME• Inspection and certification roles to stay

with the MCA surveyors located in 16

Marine Offices around UK.

• In conjunction with ISM inspection for

ships of 500gt and over.

• Charge for certification.

DELEGATION?

• Possible role for Class but the scope is

likely to be limited to issuing an interim

Maritime Labour Certificate to vessels

flagging in, and other work on a case by

case basis.

CONDUCT OF INSPECTIONS

• Following flag State guidelines.

• Inspection of 14 MLC listed items (Appendix A5-1).

• Completion of Maritime Labour Certificate and Declaration of Maritime Labour Compliance.

• Recording any substantial equivalences and exemptions (Appendix A5-ll).

HOW LONG PER

INSPECTION?• Four trial inspections have been carried

out – one with Social Partners.

• Dredger – 8 hours’ work – 10 crew.

• Container ship – 8 hours’ work – 20 crew.

• RoRo ferry – 12 hours work – 100 crew

• Passenger ship – 4 days -1200 crew.

CERTIFICATION

• Maritime Labour Certificate

- Interim certificate valid for 6 months and

may only be issued to a new ship or when

there is a change of flag/operator.

- Full term certificate valid for a maximum

of 5 years with an intermediate inspection

between 2nd and 3rd years.

CERTIFICATION• Declaration of Maritime Labour

Compliance.

- Part 1 – Completed by the attending

surveyor and includes details of

substantial equivalences and exemptions.

- Part II – Completed by the owner and

details the measures put in place by the

owner to ensure compliance with the MLC,

2006.

COMPLAINTS

• On board : Shipowners must ensure ships

have procedures for fair, effective and

expeditious handling of complaints

alleging Convention breaches.

• On shore : Seafarers have right to report

to an authorised officer.

LESSONS LEARNED• Importance of preparation before

inspection.

• Need to discuss with as many crew

members as possible.

• Overlap with ISM in some areas.

• Good ships will be relatively

straightforward; less good ships mean

more work.

ISSUES AND CHALLENGES

• Phase- in of new inspection regime -

workload.

• Ensuring Seafarer Employment

Agreements meet MLC requirements.

• Inspection role in relation to wages.

ISSUES AND CHALLENGES

• Complaints procedure – timescale and

practicalities for follow up.

• Surveyor training –Already trained for ISM

and ILO 178 but additional training for

MLC.

• Paperwork – certificates and substantial

equivalences.

Thank You

training on working and living conditions of seafarers ... of seafarers (maritime labour convention,...

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