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ENSURING OCCUPATIONALHEALTH & SAFETY FOR OVERSEAS
FILIPINO SEAFARERS
By:
Dr. Virgel C. Binghay
School of Labor & Industrial Relations
University of the PhilippinesE-mail: [email protected]
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INTRODUCTION
The ship is one of the most dangerousworkplaces with high mortality rate.
Philippines dominates seafaringoccupation. Filipino seafarers account foraround 20 percent of the worlds total
supply of seafarers onboard.
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The worlds maritime industry continues to
rely on Filipino seafarers to handle 3D(dirty, dangerous, demeaning) jobsonboard foreign vessels.
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Filipino seamen also make a substantialcontribution to the Philippine economy.
This scenario provides the basis for thispresentation to reiterate the need for sincereenforcement of occupational health and safetymeasures and guidelines by employers andgovernments to ensure better working conditionsfor all seafarers in the world.
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THE PHILIPPINE LABOR MARKETCONTEXT
The Philippines labor surplus economy is
one key push factor behind the growth of
the number of seafarers, and OFWs aswell.
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A huge population and high annualpopulation growth rate added sizeableincrease in job seekers yearly, while jobcreation has not kept pace.
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The growth of seafaring labor force istriggered mainly by global demand.
Domestic shipping may have contributedto its development, but the recruitment ofseafarers in the global market progressedrapidly in the past three decades.
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In this light, the requirements of thecompetitive global shipping industryprincipally shaped policy for the crewingindustry, maritime schools andgovernment agencies.
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PROTECTION OF SEAFARERS
The legal rights of Filipino seafarers comefrom two primary sources:
The law
The employment contract
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THE LAW1. Philippine Constitution of 1987
mandates the State to afford protection tolabor, local and overseas, organized andunorganized, and promote full employmentopportunities for all.
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2. Philippine Labor Code of 1974
mandates the State to afford
protection to labor, local and overseas,organized and unorganized, and
promote full employment opportunities
for all.
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3. Philippine Republic Act 8042(Migrant Workers and Overseas
Filipino Act of 1995)
provides policy thrusts such as theguarantee of migrant workers rights
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Standard Terms and Conditions Governingthe Employment of Filipino Seafarers On-
Board Ocean-Going Vessels (POEA):1. To faithfully comply with the stipulated terms and
conditions of this contract.
2. To make operational on board the vessel the grievance
machinery provided in this contract.
3. To provide a seaworthy vessel for the seafarer and takeall reasonable precautions to prevent accident and injury
to the crew.
4. To observe the Code of Ethics for Seafarers and conducthimself in the traditional decorum of a master.
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With these policy statements, it can bediscerned that a safer and healthier workenvironment has long been recognized as a
major factor for the protection of maritimeworkers rights. However, in as much as the
State has indeed come up with commendablepolicies, there is also a widespread recognition
of the need to build capacity and sincerity toimplement, and to fund programs envisioned byall these policies.
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SITUATION OF FILIPINOSEAFARERS
Seafarers are fixed term contractualemployees 12 months
Trilateral employment relationship localrecruiting agency (i.e., crewing or manningagency), the foreign ship owner, and thecrew.
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Long & Tedious Job Search
The ordeal of a Filipino seaman startseven while he is still looking for job on thehigh seas during the job search period.
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Average job search period 7.2 months
Average length of seafarers employmentcontract 9.9 moths
This means that seafarers spent about thesame time looking for a job as they spentworking on board
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Unscrupulous Recruitment Agencies
Asking applicants huge amount of moneyin order to get a break in seafaringoccupation
Manning agencies using the newgraduates to work without pay for as long
as one year in exchange of the chance toget their first work experience on boardship.
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Trainees made to pay training fees though they
are not assured of job after training
Manning agency asking seaman to sign adocument stating that he owe the agency acertain amount of money and this is done whenhe is already at the airport so as not to give theseaman option but to sign on the document.
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Seafarers complain about expensive, time-consuming, overlapping procedures, aswell as red tape in the processing of
papers
Employment aboard ocean-going shipinevitably subjects the worker to rigorousisolation and confinement.
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Isolation & Negative WorkSituationRigorous isolation & confinement
Ship not only of work for him/her but also ahome
Regimented life throughout employmentperiod
Subject to the command & whims of the
master of the shipAt the mercy of the perils & danger of the
high seas
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Discrimination, Abuse, Maltreatment &Unfair Labor Practices
Blacklisting
Lowering of Benefits
Longer Working Hours
Health & Safety Risks
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Causes of Death
Maritime disasters (such as capsizings &sinkings)
PiratesWar areasDrowning & hypothermia Violence Suffocation
ContusionDisappearance from ship voyage Back strains
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Risk of cancer
Cardiovascular diseases
Malaria infections
Sexually transmitted diseases
Acute diseases & serious injuries
C t i l P i i f th
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Controversial Provisions of theNew Standard Employment
Contract
An injured or sick seafarer, or his/her heirs(if the seafarer dies), can claim only if hisinjury, illness, or death have beenthoroughly proven to be work-related.
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Seafarers quit claims and full disclosure of
a seamans medical history
Once seafarers or their families claimdeath and disability, they can no longer filedamages for negligence or torts casesagainst a foreign ship
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Competition & Lowering ofBenefits
International ships have begun recruitingmore seafarers from other countries ---mariners who are at par with Filipinos interms of skills, but are willing to acceptlower wages.
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Filipino seamen are being asked to tradeoff some of some of their benefits toremain in demand in the industry
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CONCLUSIONS:
Enforcement of legislations aiming toprotect the rights of our migrant workers,particularly our overseas Filipinoseafarers, is in no way at par with theireconomic contribution to the Philippines
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Two main factors why the assurance ofoccupational health and safety remains elusiveFilipino seafarers.
- the lack of interest on the part of theemployers/ ship owners to fully enforceoccupational health and safety measures for
seafarers especially that an effective health andsafety management entails a considerableeconomic costs to ship owners.
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- lack of political will both from receivingand sending countries to adopt concertedand more assertive actions to address the
problems related to ensuring a safer andhealthier work environment for sea-basedworkers.
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RECOMMENDATIONS:
There is a need to revise existing lawsgreatly affecting sea-based workers,primarily the Migrant Workers Act, since
that said Act mainly addresses land-basedjobs and any support for the overseasseafarers is stipulated only in the
affirmation of very general principles asFilipinos deserving protection from theState.
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There is a need to streamline operationsand services for seafarers andconsequently, a need to rationalize
government agencies involved withseafarers education and training,
certification, labor market regulation,
employment processing, protection andwelfare.
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There is a need to evaluate how theseafaring educational system of thecountry may be improved to adequately
prepare Filipino seamen for the future jobsat sea.
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Maritime schools and shipping firms/employers are encouraged to look at thepossibility of investing on the preparation
of seafarers for life and work withmultinational crews to develop teamwork,good rapport, effective communication,
and good decision-making in criticalsituations to prevent maritime disastersand work-related accidents.
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Strengthen social dialogues among majorstakeholders such as the seafarers group,shipping firms, and governments of
receiving and sending countries, and otherstakeholders such as crewing agencies,seafarer unions, maritime schools, andinternational labor and multilateral
organizations, with regards to upgradingthe industry, promoting seafarers welfare,and decent work on board ships.
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The incoming President of the Philippinesmust seriously look into plights of theoverseas Filipino seafarers.
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No society
can ever claim to be civilized
if it does not show
honest concernfor the
health & safety
of its workforce.
- Cox & Cox
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References
Amante, Mragtas S.V. (2005). Philippine Global
Seafarers: Ethnicity & Identity in Ships withMultinational Crews. MINDA Vol. 2 No. 2.[htt://www.philjol.info/index.php/MINDA/article/vie
w/1276/1161 date accessed: January 25, 2010]
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Binghay, Virgel C. (2009). TalentManagement, Migration & Globalization.VCB Research & Publications.
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THANK YOU!