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Ministry of Land, Infrastructure, Transport and Tourism
Port State Control on Maritime Labour Convention, 2006
Tokyo MOU
• (1) Overview• (2) Outline of MLC,2006• (3) PSC inspection regarding MLC,2006
– (3-1) Initial inspection– (3-2) More detailed inspection– (3-3) Complaints– (3-4) Rectification Action Plan– (3-5) Reporting
Index
(1) OVERVIEW
ILOInternational Labour Organization
Founded on 1919. First specialized agency of the UN
Main aim is “to promote rights at work, encourage decent employment opportunities, enhance social protection and strengthen dialogue in handling work-related issues”
Member states:185 countries
189 conventions, 5 protocols and 201 recommendations
Special tripartite committee
●
(IMO has 50 conventions and protocols)on 1st June 2012
on 1st June 2012
( consist of following representatives. Government 2 , Shipowner 1 ,Seafarers 1 )
●
●
●
●
4
(1) Overview
More than 68 international labour standards are consolidated and updated
ILO adopted MLC,2006 on 23rd Feb. 2006
The forth pillar of international regulatory regime
SOLAS
MARPOL
STCW
MLC
IMO
ILO
“International Convention for the Safety of Life at Sea”
“International Convention for the Prevention of Pollution from Ships”
“International Convention on Standards of Training, Certification and Watchkeeping for Seafarers “
“Maritime Labour Convention, 2006”5
•Many of the existing maritime labour Conventions were out of date and did not reflect contemporary working and living conditions•Many of the conventions are very detailed and difficult for governments to ratify all•Many of the conventions had low levels of ratification
Problems in current ILO conventions
(1) Overview
・ Bad working condition ( e.g. long working hours )・ Low level of safety
・ Decent working condition・ High level of safety
Excellent ship
Substandard ship
Port in country A
Port in country B
・ There is unfair competition (substandard ships are low cost)・ An increase of substandard ships may cause ship’s casualty・ Modernization of shipping doesn’t progress
Current situation
Problems
(1) Overview
6
(1)A level playing field in global standard(2)Improvement of working condition and safe voyage(3)Elimination of sub standard ship by Flag State inspections and PSC (4)Improving efficiency of PSC with certificates issued in flag state inspections
non-members’ ships are also inspected
Excellent ship (country A)(Flag state inspection was already carried out)
After entry into force of the convention
Substandard ship(country A)
I want decent working condition.
Inspection of working condition
Flag state inspection
Substandard ship (country B)
If certificates are appropriate,initial inspection only
If we have an appropriate certificate, PSC inspections become easier
PSC
Effect
7
Port in country C
Detention until rectification
Port in country
A
(1) Overview
(1) Overview• Maritime Labor Convention (MLC,2006)
– Thirty countries ratified on 20th August 2012• Entry into force on 20th August 2013 (for the 30 countries)
– If another country ratifies MLC 2006, it will entry into force 12 months after the country’s ratification
30 countries ratified
(20.08.2012)
Ratified in a country
(other than the 30
countries)
Entry into force
(20.08.2013)
Entry into force for the
country12 months
PSC inspections start
(2) OUTLINE OF MLC,2006
Structure of the convention
TITLE1. MINIMUM REQIREMENTS FOR SEAFARERS TO WORK ON A SHIP
TITLE2. CONDITIONS OF EMPLOYMENT
TITLE3. ACCOMMODATION, RECRATIONAL FACILITIES, FOOD AND CATERING
TITLE4. HEALTH PROTECTION, MEDICAL CARE, WELFARE AND SOCIAL SECURITY PROTECTION
TITLE5. COMPLIANCE AND ENFORCEMENT
Article I - XVI
(2) Outline of MLC,2006 - structure
10
(2) Outline of MLC,2006 - structure
• Articles• Regulations
– Part A: Standard (Mandatory)– Part B: Guideline (Not mandatory)
Articles
Regulation 1.1Part A 1.1Part B 1.1
Regulation 1.2Part A 1.2Part B 1.2
Regulation 1.3
MLC, 2006Structure of the convention
Fishing vessels Ships of Traditional build
warships
All ships engaged in commercial activities
• MLC 2006, applies:
All seafarers who are on board a shipto which MLC 2006 applies
Ships engaged in not commercial activity
MLC 2006, does NOT apply to:
(2) Outline of MLC,2006
The definition of ship owner ( Article II )
AgentManagerBareboat charterer
who has assumed the responsibility for the operation of the ship and agreed to take over the duties and responsibilities imposed in accordance with this convention
Ship operator, employer of seafarers
Ship owner( A )
13
Another organization or person ( B )
An organization or a person who made DMLC Part II
Ship owner ( either A or B )
・ Responsibility for the operation of the ship・ duties and responsibilities imposed in accordance with this Convention
Taking over
(2) Outline of MLC,2006
Captain
C/O
Service crew
Pilot
Repairer
Guest entertainer
Ship owner
Operator
Management company
Workers on shore
(Not seafarer)
Seafarers
In the event of doubt
Seafarers
Ships
In the event of doubt as to whether any categories of persons are to be regarded asseafarers, the question shall be determined by the competent authority in each member after consultation with the shipowners’ and seafarers’ organizations. The determination shall be communicated to the ILO.
In the event of doubt as to whether this Convention applies to a ship or particularcategory of ships, the question shall be determined by the competent authority in eachMember after consultation with the shipowners’ and seafarers’ organizationsconcerned. The determination shall be communicated to the ILO.
(2) Outline of MLC,2006
Work on board a shipUnder the age of 16
Under the age of 18 Night work
A period of at least 9 hours including 0 AM - 5 AM
Dangerous work
Minimum age ( Reg.1.1 )
No person below the minimum age shall be employed or engaged or work on a ship
An exception of Night work•the effective training of the seafarers would be impaired•the specific nature of the duty or a recognized training programme requires that the seafarers perform duties at night and the authority determines, after consultation with the shipowners’ and seafarers’ organizations
15
(2) Outline of MLC,2006 – Title 1 minimum requirements for seafarers
Seafarers shall not work on a ship unless they are certified as medically fit to perform their duties
Medical practitioner
Seafarers taking medical examination
Medical certificate( STCW’s certificate is OK )
Each medical certificate shall state ・ the hearing and sight are satisfactory・ color vision (when affected) is satisfactory・ medical condition fit for service at sea
certificate refused or limitation imposed
another independentmedical practitioneror medical referee.
able to work
Medical Certificate ( Reg.1.2 )
Further examination
16
(2) Outline of MLC,2006 – Title 1 minimum requirements for seafarers
• Medical Certificate ( Reg.1.2 )(continue)
the period of validity of medical certificate…maximum two years ( if under the age of 18, one year )the period of validity of a certification of colour vision …maximum six years
○ In urgent cases the competent authority may permit a seafarer to work without a valid medical certificate until the next port of call where the seafarer can obtain a medical certificate (maximum 3 months)○ If the period of validity of a certificate expires in the course of a voyage the certificate shall continue in force until the next port of call where the seafarer can obtain a medical certificate (maximum 3 months)
(2) Outline of MLC,2006 – Title 1 minimum requirements for seafarers
Certification or qualification to perform duties
Training for personal safety on board ship
Permitted to work
Training and certification in accordance with the mandatory instruments adopted by the IMO shall be considered as meeting the requirements
Seafarers
seafarers shall be trained or qualified to carry out their duties on board ship
Training and qualifications ( Reg.1.3 )
18
(2) Outline of MLC,2006 – Title 1 minimum requirements for seafarers
Ship owners shall use seafarer recruitment and placement services that conform to the requirements of the convention
The services comply with the convention
The service may not comply with the convention
Seeking a job( Free of charge )
recruitment
the service that comply with the convention shall be used
employmentagreement
SeafarersShipowners
Recruitment and placement ( Reg.1.4 )
Each Member require that the shipowners who use seafarer recruitment and placement services based in nonmember’s territory, ensure that those services meet the requirements of the convention.
services operating in a Member’s territoryservices operating in a nonmember’s
territory
19
(2) Outline of MLC,2006 – Title 1 minimum requirements for seafarers
Seafarers’ employment agreements ( Reg.2.1 )
SeafarerShip ownerShowing clearCondition of employment
agreement
SEA signed by both of them
Original Original
Corrective Bargaining Agreement
(CBA) All or part of a SEA
A copy shall be available
onboardA copy shall beavailable onboard
seafarers shall be given a record of their employment onboard the ship
(2) Outline of MLC,2006 – Title 2. conditions of employment
20
• Where the language of the SEA and any applicable CBA are not in English,
a ① standard form of the SEA andthe portion of the ② CBA that are subject
to a PSC inspectionshall also be available in English.
• minimum notice periods for the early termination of a SEA …at least 7 days (a member determines after consultation with the shipowners’ and seafarers’ organizations)
Seafarers’ employment agreements ( Reg.2.1 )(continue)
• the seafarer’s full name, date of birth, birthplace
• the shipowner’s name and address
• the place where and date when the SEA is entered into;
• Capacity, Wages, Paid leave• Condition of Termination
agreement for an indefinite period
agreement for a definite period
agreement for a voyage• the health and social security
protection• entitlement to repatriation• reference to the CBA• any other particulars which
national law may require
Particulars in SEA
(2) Outline of MLC,2006 – Title 2. conditions of employment
Wages ( Reg.2.2 )
SeafarerShip owner
Giving an account (a pay slip)
Wages
Including the rate of exchange used wherepayment has been made in a currency different from the one agreed to
paid in fullpaid in currencyno greater than monthly intervals
Familyable to transmit all or part oftheir earnings to their families
•remittance at regular intervals to their families by bank transfers or similar means•remitted in due time and directly to the person or persons nominated by the seafarers.
•Any charge for the remittance to their families shall be reasonable in amount•rate of currency exchange shall, in accordance with national laws or regulations, be at the prevailing market rate or the official published rate and not unfavourable to the seafarer
22
(2) Outline of MLC,2006 – Title 2. conditions of employment
Hours of work and hours of rest ( Reg.2.3 )
base
Maximum hours of work 14 hours in any 24-hour period
72 hours in any 7-day period
Minimum hours of rest 10 hours in any 24-hour period
77 hours in any 7-day period.
Member
establishes either
CBA may permit exceptions
○normal working hours’ standard for seafarers・ an eight-hour day・ one day of rest per week
○Hours of rest may be divided into two periods・ one of which shall be at least six hours・ interval between consecutive periods of rest shall not exceed 14 hours
Hours of rest Hours of restHours of work
6h or more within 14h
24h
(2) Outline of MLC,2006 – Title 2. conditions of employment
Hours of work and hours of rest( Reg.2.3 ) (continue)
• Drills shall be conducted in a manner that minimizes the disturbance of rest periods and does not induce fatigue
• When a seafarer is on call, such as when a machinery space is unattended, the seafarer shall have an adequate compensatory rest period if the normal period of rest is disturbed by call-outs
a table withthe shipboard working arrangements・ schedule of service at sea and service in port・ maximum hours of work or minimum hours of rest
Posting in a ship
records of hours of work or hours of rest
seafarers shall receive a copy of the
records
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(2) Outline of MLC,2006 – Title 2. conditions of employment
minimum standardsfor annual leave
on the basis of aminimum of 2.5 calendar days
per month
adopt laws and regulations
Any agreement to forgo the
minimum annual leave with pay
Considering justified absences from work as the
annual leave
Prohibited Prohibited
Member
Entitlement to leave ( Reg.2.4 )
25
(2) Outline of MLC,2006 – Title 2. conditions of employment
competent authority
determiningapprovingrevising
issuing a Minimum safe manning document or an equivalent
ShipownerEmploying sufficient personnel・ to ensure that ships are operated safely, efficiently and with due regard to security・ to comply with the standards of this Convention.
Manning levels ○ following shall be taken into account
・ the principles in international instruments (especially IMO) ・ the need to minimize excessive hours of work ⇒ sufficient rest and to limit fatigue
・ the requirement concerning food and catering(Reg. 3.2)
To ensure that seafarers work on board ships with sufficient personnel
Manning levels ( Reg.2.7 )
Principles on Safe Manning
( IMO Res. A1047 )
26
(2) Outline of MLC,2006 – Title 2. conditions of employment
・ separate sleeping rooms for men and women・ a separate berth ( L198×W180cm )・ no direct openings into sleeping rooms from cargo and machinery spaces, etc.・ each room shall have a locker, desk , etc.
General requirements for accommodation●head room in accommodation shall be not less than 203 cm, adequately insulated ● lighting and drainage shall be provided ●preventing the risk of exposure to noise and vibration, other ambient factors and chemicals
Other than passenger ships
A single room
Passenger ship,Special Purpose Ship
Other than officers … a room can be shared(More than 4 persons are permitted in a SPS)
•apart from the sleeping rooms•as close as practicable to the galley
sleeping rooms and mess rooms shall be lit bynatural light and artificial light
Accommodation and recreational facilities ( Reg.3.1 )
Mess room
Sleeping rooms(there is a requirement of floor area)
Master, C/E, C/O shall havesleeping rooms, an adjoining sitting room and day room
above the load line amidshipsor aft
A washbasin in each sleeping room except
passenger ship
applied only to ships constructed on or after the date when this Convention comes into force for the Member
(2) Outline of MLC,2006 – Title 3. accommodation, recreational facilities, food and catering
Accommodation and recreational facilities ( Reg.3.1 ) (continue)
Hospital accommodation(15 or more seafarersa voyage of more than 3 days)
common ship’s office
A space on open deck to which the seafarers can have access when off duty
Air-conditioner
Heater Ventilator
Other facilities
28
sanitary facilities
One facility for every six persons
(2) Outline of MLC,2006 – Title 3. accommodation, recreational facilities, food and catering
free of charge during theperiod of engagement.
varied and nutritious meals
ships’ cooks
trained and qualified (18 years old or more)
frequent documented inspections be carried out on board ships, by or under the authority of the master ・ supplies of food and drinking water ・ all spaces and equipment used for the storage and handling of food and drinking water ・ galley and other equipment for the preparation and service of meals
【 ships not required to have ship’s cook 】 anyone processing food in the galley shall be trained or instructed
※ food and personal hygiene as well as handling and storage of food
設備の一般要件● 居住設備の天井高 203cm 以上、適切に防熱 ●照明及び排水設備を設ける● 騒音及び振動、その他環境の要素、化学物質からの危険の防止
Food and catering ( Reg.3.2 )
shall be suitable in respect of quantity, nutritional value, quality and variety having regard to
● number of seafarers ● religious requirements and cultural practices ● duration and nature of the voyage
catering department Seafarers
29
prepared and served in hygienic conditions
(2) Outline of MLC,2006 – Title 3. accommodation, recreational facilities, food and catering
the right to visit a qualified medical doctor in ports of call
Either 1 seafarer
a medicine chesta medical equipment
A medical guide
a standard medical report form ( for use by the ships’ masters and relevant onshore and on-board medical personnel )
Health protection and medical care
Medical care comparable generally available to workers ashore
Free including measures of apreventive character (health promotion , etc.)
Medical doctor( 100 or more persons, ships engaged on international voyages of more than three days’ duration )
seafarer in charge of medical care or administering medicine or medical first aid (ships which do not carry a medical doctor )
all ships shall carry
medical advice(available 24 hours)
Medical care on board ship and ashore ( Reg.4.1 )
30
(2) Outline of MLC,2006 – Title 4 Health protection, medical care, welfare and social security
National laws and regulations
adoption and effective implementation and promotion of occupational safety and health policies and programmes
precautions to prevent occupational accidents (harmful levels of ambient factors and chemicals)
on-board programmesprevention of occupational accidents
continuous improvement in occupational safety and health protection
inspecting, reporting and correcting unsafe conditions
investigating and reporting on-board occupational accidents
establishing a ship’s safety committee
Ship owner, Seafarers, and others concerned
権限ある機関
comprehensive statistics of accidents and
diseases
Keep, analyse, and
publish
comply
refe
r
・ Each Member develop national guidelines after consultation with representative
shipowners’ and seafarers’ organizations
・ Each Member shall adopt laws and regulations regarding safety and health
protection
Health and safety protection and accident prevention (Reg.4.3)
Reporting accidents
and diseases
informationconcerning particular hazards
31
(2) Outline of MLC,2006 – Title 4 Health protection, medical care, welfare and social security
On-board complaint procedures
a copy of the on-board complaint procedures
Complaint
Master
Seafarers
Competent authority Ship owner
complaint
Breach of the
requirement!
Developing an on-board complaint procedures
No victimization of seafarers for lodging complaints
32
(2) Outline of MLC,2006 – Title 5 Compliance and enforcement
Ship can sail
1. Minimum age
2. Medical certification
3. Qualifications of seafarers
4. SEA
5. Use of recruitment and placement service
6. Hours of work or rest
7. Manning levels
8. Accommodation
9. On-board recreational facilities
10. Food and catering
11. Health and safety and accident prevention
12. On-board medical care
13. On-board complaint procedures
14. Payment of wages
Flag state inspection
List of maters inspected and approved to issue
MLC International voyage( 500GT or over )
Ships which MLC,2006 applies
empower to carryout inspections( Reg. 5.1.4 )
MLC DMLC
Inspection(no case exceed 3 years)
14 areas meet requirement⇒certificates are issued
•to board a ship•examination, test or inquiry•require that a deficiency is remedied•prohibit a ship from leaving port
empowering
Deficiency is found
PSC inspection
A foreign ship in the port of a Member
Checking documents・ MLC・ DMLC
・ Documents are not produced・ serious breach of requirement・ hazard to seafarers・ complaint
No deficiency
Other than following
a)Clearly hazardousb)Serious or repeated breach
detain
More detailed inspection
RegularInspections
(every 5 years)( Reg. 5.1.4 )
intermediate inspection(between 2nd and 3 rd
anniversary)
(2) Outline of MLC,2006 – Title 5 Compliance and enforcement
Improve the measures to rectify non-compliance
Verify the ongoing
compliance
Carry out the measures drawn up
Draw up measuresto ensure ongoing
compliance
Continuous improvementRegular
Inspections
These are written on DMLC part II and submitted to competent authority before inspection
the procedures to be followed where non-compliance is noted(Guideline B)
the records to be taken should be indicated(Guideline B)
the personsresponsible for verification should be indicated(Guideline B)
The image of Declaration of Maritime Labor Compliance part II(DMLC PartⅡ )
34
RegularInspections
(2) Outline of MLC,2006 – Title 5 Compliance and enforcement
(3) PSC INSPECTION REGARDING MLC,2006
• (Characteristic of PSC inspection of MLC,2006)
Certificates Posted documents Facilities
• Certificates(Maritime Labor Certificates, etc.)• Posted documents
(Shipboard working arrangements table)• Facilities (Accommodation, Sanitary)
(3) PSC inspection regarding MLC,2006
(3) PSC inspection regarding MLC,2006
– Initial inspection• A PSCO checks Certificates
If the PSCO finds clear groundsduring an inspection tour
– The PSCO may carry out more detailed inspection
Similar manner to SOLAS, STCW, etc.
• (Initial inspection and more detailed inspection)
• 14 areas checked in more detailed inspection1. Minimum age of seafarers
2. Medical certification of seafarers
3. Qualifications of seafarers
4. Seafarers’ employment agreements (SEA)
5. Use of any licensed or certified or regulated private recruitment and placement service for seafarers
6. Hours of work or rest
7. Manning levels for the ship
8. Accommodation
9. On-board recreational facilities
10. Food and catering
11. Health and safety and accident prevention
12. On-board medical care
13. On-board complaint procedures
14. Payment of wages
(3) PSC inspection regarding MLC,2006
(3-1) INITIAL INSPECTION
(3-1) Initial inspection
Certificates (Ships 500GT or more)
• MLC
• DMLC– DMLC part I (issued by a flag state)– DMLC part II (written by a ship owner)
• Interim MLC→DMLC need not be issued
MLCDMLCPart I
DMLCPart II
InterimMLC
No DMLC
or
• Resolution XVII (International Labour Conference 94th session)
“Resolution concerning the practical implementation of the issue of certificates on entry into force “– Flag states and RO have insufficient number of inspectors– It will not be possible to certify all ships before entry into force– Requests further that, during a period of one year following the
initial entry into force of the Convention, Members (both flag and port States) give due consideration to allowing ships to continue to operate without the certificate and declaration
(3-1) Initial inspection
Requested to give due consideration toallowing ships to operate without certificate
MLC,2006
Entry into force
20.08.2013 20.08.2014
30 countries ratified
MLC,2006
20.08.2012
Certification for bulk carriersand passenger ships
• MLC– valid for 5 years
• MLC (Maritime Labour cetificate)(3-1) Initial inspection
Endorsement of intermediate survey
Date of issueDate of expiry
Signature
• DMLC part I(issued by a flag state)
• DMLC part I includes– Flag’s national
requirements– Substantial equivalencies– Exemptions
• (MLC certifies the ship’s compliance and DMLC is attached document of MLC)
• DMLC (Declaration of Maritime Labor Compliance)
Country A
(3-1) Initial inspection
Country A
• DMLC part I– Flag’s national
requirements in the 14 areas
– Signature and stamp of a flag state
• DMLC
(3-1) Initial inspection
• DMLC part II(written by a ship owner)– Shipowner’s measures in
the 14 areas for ensuring ongoing compliance
(3-1) Initial inspection
• Check points on the certificates– Certificates are issued by Flag
state or RO?– MLC is not expired?
– Original certificates are onboard?
– Is there a signature or stamp of flag state or RO?
– A copy is posted in a conspicuous place on board?
MLC
valid until xx.xx.2013
(3-1) Initial inspection
Ships under 500GT• Checking
– Inspection report issued by Flag state
• If a PSCO finds the ship clearly do not conform to the requirements or a complaint is alleged, the PSCO may carry out an inspection regarding the matter.
Country AInspection report
(3-1) Initial inspection
….
….
• Ships of non-party– No more favourable
treatment• Checking
– Inspection report or– Statement of compliance
issued by RO• If both of certificates are not
produced, PSCO may carry out more detailed inspection regarding 14 areas
(3-1) Initial inspection
(3-2)MORE DETAILED INSPECTION
(3-2) More detailed inspection
• A more detailed inspection may be carried out when– documents do not comply
with MLC,2006– working and living conditions
do not conform– the ship has changed flag
for avoiding compliance– there is complaint alleging
that working and living conditions do not conform
Country A
Country B
Breach of the requirement!
• A more detailed inspection may be carried out when– on shore complaint, which falls within the PSC
activities, and a more detailed inspection is judged as necessary. or
– previously reported deficiencies have not been rectified or completed or
– the ship flies the flag of a State that has not ratified the MLC, 2006.
(3-2) More detailed inspection
Form B
SEA 17 -missing Lighting 17 -damaged
Non member
• A more detailed inspection shall in any case be carried out, where– the working and living conditions
believed or alleged to be defective could constitute a clear hazard to the safety, health or security of seafarers, or
– the PSCO has grounds to believe that any deficiencies constitute a serious breach of the requirements of the MLC, 2006 (including seafarer’s rights)
(3-2) More detailed inspection
However,• More detailed inspection need not be carried
out due to absence of MLC and DMLC until 20.08.2014. (ref. Resolution XVII)
One year
MLC,2006
Entry into force
20.08.2013 20.08.2014
30 countries ratified
MLC,2006
20.08.2012
(3-2) More detailed inspection
• Opportunity to check 14 areas– (1) during PSCO checks certificates
• Minimum age (from crew list)• Medical certificates, etc.• STCW requirement, Manning levels(from MSMD)
– (2) during inspection tour• Working hours: shipboard working arrangements table• Foods and catering (with inspection of the fire insulation
on galley)• Visual inspection of Accommodation area, galley, and
mess room regarding hygiene condition
(3-2) More detailed inspection
What is the basic requirements ?
Check Points in 14 areas
(3-2) More detailed inspection
• Refer as well“List of example deficiencies in the 14 areas” (Annex 3 of the guideline)
• (1) Minimum age: No under-age persons work– Seafarers below 16 years old
(MLC,2006 Reg.1.1.2)
• (2) Medical certificates: validity– Maximum two years for seafarers18 years or older– Maximum one year for seafarers below18 years
old
What is the basic requirements ?
Check Points in 14 areas No.1
(3-2) More detailed inspection
• (3)Training and qualifications: – as before
• (4)Seafarers’ Employment Agreement– Is there the copy of SEA signed by
the seafarer and the ship owner onboard?An original SEA is not required onboard.
– Seafarer is given the record of employment?
What is the basic requirements ?
Check Points in 14 areas No.2
(3-2) More detailed inspection
• (5) Recruitment and placement– Check documents onboard.
(e.g. “license or certificate that the service meets the requirement of MLC,2006 issued by RO”)• It’s not mandatory to have the license onboard but
It can be documentary evidence to show compliance of MLC,2006,
What is the basic requirements ?
Check Points in 14 areas No.3
(3-2) More detailed inspection
• (6) Hours of work– Is there a table with the shipboard working
arrangements?– Maximum hours and minimum hours of rest
are satisfied?• Shipboard working arrangements table,
record of working hours andwatch keeping table can be compared each other(These matters are possible to be the theme of CIC 2014)
What is the basic requirements ?
Check Points in 14 areas No.4
(3-2) More detailed inspection
• (7)Manning levels – as before
• (8) Accommodation and (9) recreational facilities– applied to ships keel laid on or after the date
of entry into force• Separate sleeping rooms and toilets for men and
women• Presence or absence of Ventilation, Heating,
laundry facilities• Inspection record of accommodation
What is the basic requirements ?
Check Points in 14 areas No.5
(3-2) More detailed inspection
• (10) Food and catering– Sufficient amount and nutrients vary.
Is there extreme shortage or rottenness of foods?
– Ship’s cook is 18 years or older?
What is the basic requirements ?
Check Points in 14 areas No.6
(3-2) More detailed inspection
• (11) Health and safety protection and accident prevention– e.g. whether “Safety Management Manual”
includes the procedure of health protection , accident prevention
What is the basic requirements ?
Check Points in 14 areas No.7
(3-2) More detailed inspection
• (12)On-board medical care– Is there a medical chest, medical
equipment, and medical guide?– Seafarer in charge of first-aid was
designated?– Is there a medical report form?
What is the basic requirements ?
Check Points in 14 areas No.8
(3-2) More detailed inspection
• (13)On-board complaint procedures– Is there a copy of on-board complaint
procedure applicable on the ship?
• (14)Payment of wages– Wages are paid monthly?
• checking the copy of a pay slip(However, it’s not mandatory to keep it onboard)
What is the basic requirements ?
Check Points in 14 areas No.9
(3-2) More detailed inspection
When you find a matter that seems to be deficiency,
• 1) Take photos and notes Interview a crew (in a cabin, etc.)
• 2) Check a DMLC when writing Form A and B (Verify National requirement)
• 3) Interview captain and confirm– If there is a clear evidence, PSCO may consider
detention– Require a RAP
(3-2) More detailed inspection
(3-2) More detailed inspection
• List of example deficiencies warranting detention (Annex 4 of the guideline)
(3-3) COMPLAINTS
(3-3)Complaints
• Flow chart“On-shore complaint”(Annex 8)
• The regulation of complaints in MLC, 2006– (1) On-board complaint procedure(A5.1.5)
• Complaints are firstly handled in the onboard complaint procedure
– (2) Complaints that are made as part of the PSC inspection procedure(A5.2.1 para. 1(d))• Seafarers, professional organizations, association, trade
union, and any person with an interest in the safety of the ship can submit the complaints
– (3) Onshore complaint (A5.2.2)• Complaints from seafarers in a port state
(3-3)Complaints
• Outline ofFlow chart Step 1
Step 2
Step 3
Complaints as part of the PSC inspectionA5.2.1
Onshore complaint procedureA5.2.2
(3-3)Complaints
• Step 1– Determining whether the complaint should be
handled under PSC procedure• complaints fall outside the14 areas should not be
handled under PSC procedure under this Guidelines• PSCO decide whether or not to carry out a more
detailed inspection
Step 1
(3-3)Complaints
• 1. Interview carefully (Who, What, When, Where, Why, How, +How many, How much, How long)
• 2. Is it non compliance of MLC, 2006?– Wages stated in SEA was not paid
→should be handled– Wages stated in SEA is too cheap
→should not be handled
• The complaint falls inside the 14 areas?
(3-3)Complaints
• Step 2 – Inspection process – Ascertain whether on-board complaint procedure has been used.
– PSCO should seek to promote a resolution of the complaint at the ship board level.
– The master, the shipowner and any person involved shall be permitted to express their view
– If the complaint cannot be resolved at shipboard level, the flag state should be notified and requested within a prescribed deadline to provide advice and a corrective plan of action
Step 2
Complaint as a part of PSC inspection A5.2.1
(3-3)Complaints
3. “Did you use on-board complaint procedure? “
“No, I didn’t. I’ll try to use the procedure.”
4. “The complaint was not solved through onboard complaint procedure. Captain does not listen to me.”
PSC
or
(3-3)Complaints
End
PSC 5. “Is there a documentary evidence for noncompliance with MLC, 2006?”
“Is it all right to ask other crew regarding this matter?”
“I’ll ask captain and confirm your complaint but I’ll not tell who made the complaint.”
6. Record these information (1. ~ 5.) (If the crew agrees, the copy of documentary evidence should be taken.)
(3-3)Complaints
7. Check the DMLC(flag’s national requirement)
8. ”Captain, I got information that the actual work hours are different from the record and exceed the limitation.”
• Check the watch schedule, record, and difference from complaints
PSC
(3-3)Complaints
9. “We actually couldn’t increase the personnel because of our company’s order. Watch schedule is sometime not 0-4, 4-8, 8-0 but 0-6,6-0…”
(3-3)Complaints
• ATC 17 or 30 (DETAIN) (If it’s repeated breach, ATC may be 30)– RAP should be required
• (to revise the watch table or records of hours of work)
10. “We comply with the convention. Is there an evidence of non conformity?”
– If PSCO carried out more detailed inspection and didn’t find the evidence, the inspection is finished.
“We’ll inform this complaint to the flag state.”PSC
(3-3)Complaints
– If the flag State advises that it will resolve the matter and will provide a corrective plan of action within a prescribed deadline decided by PSCO, the PSCO will not have any further involvement.
– If the complaint is not resolved by the flag State within the prescribed deadline, then the port State shall transmit the inspection result to the ILO with a format of annex 5 and inform the appropriate ship-owners and seafarers organizations in the port State (Standard A.5.2.2 paragraph 6).
• Step 3 – Dealing with an unresolved complaint
Step 3
(3-3)Complaints
(3-4)RECTIFICATION ACTION PLAN (RAP)
(3-4) Rectification action plan(RAP)
• Rectification Action Plan: RAP• RAP is an action plan to rectify a detainable deficiency• If PSCO accept the RAP, the ship may be released.• It is the joint responsibility of the shipowner and the
master to propose and implement a RAP• The RAP should specify
– the action required– Agreed time frame acceptable to all parties, within which
period the prescribed items will be rectified
• The RAP should be submitted to the flag state or RO before the RAP is proposed to the PSCO.
• Rectification Action Plan: RAP
• (1) Clear evidence of deficiency was found• (2) Write Form A and B• (3) Require a RAP
(3-4) Rectification action plan(RAP)
• When deciding whether or not to accept a RAP the following elements should be considered:– the length and nature of the intended voyage or service;– the nature of the hazard to seafarers’ safety, health or security;– the seriousness of the breach of the requirements of the MLC, 2006
(including seafarers’ rights);– any previous history of deficiencies or repeated deficiencies;– whether or not the appropriate work or rest periods for seafarers are
being observed;– the safe manning requirements of the flag State;– the number and nature of deficiencies found during the particular
inspection.
(3-4) Rectification action plan(RAP)
(3-5) REPORTING
(3-5) Reporting
Appropriate Shipowners’ and Seafarers’ organization in the port State.
Director General of the ILO
Flag State PSC authority of next port
Report forms
Significant deficiency* or deficiency in connection with Complaint
Must be informed
May be informed if any reply from flag State
May be informed
May be informed according port State Procedure
Using report annex 5
On shore complaint not resolved
Must be informed
Must be informed
Must be informed
May be informed according port State Procedure
Using report annex 5
Ship detained due to MLC, 2006 deficiency
Must be informed
May be informed
Must be informed
May be informed
Informed by APCIS
Using notice of detention (See Section 2-4 of Tokyo MOU Manual)
RAP has been agreed.
May be informed May be informed if any reply from flag State
Must be Informed
May be informed
Using notice of release (See section 2-5 of Tokyo MOU Manual)
• Reporting matrix in the guideline
AT THE END,
At the end,
• PSC is “a right” in the MLC ,2006 same as the other conventions– “may be the subject of inspection”– “more detailed inspection may be carried out”
• As part of a PSC inspection, we can start inspections of MLC, 2006 regarding the matters that standard is clear and/or the matters that can be inspected in a short time