The Maritime Labour Convention, 2006 (MLC, 2006) came into force in 20 August 2013 and is a “relevant instrument” in the Paris MoU. Following the entry in force of this new Convention, the Paris MoU Committee agreed at its 48th session meeting to organize a CIC for 2016 which is scheduled from September to November this year, to verify the compliance with the MLC 2006 on all types of ships.
As ships from non-ratifying States should not receive any more favorable treatment than ships from States that have ratified the convention, this CIC will be undertaken once on every individual ship eligible for inspection during the period of the campaign. These inspections will be carried out at ports of the Paris MoU member States for which the convention is in force. Other MoUs may join the Campaign (eg Tokyo, Black sea, India etc), so vessels may be inspected worldwide based on the questionnaire issued by Paris MoU.
The questionnaire issued and adopted by 46th session of Paris MoU is a twelve items questionnaire checking of MLC implementation.
Ship managers are advised to get prepared for the questionnaire and address all items as appropriate. An effective MLC/Crew manual should be on board as part of SMS or MLC items should be incorporated to SMS itself in order to be in line with requirements.
Prior to visit a port of any Paris MoU member State for which the convention is in force (or other joint MoUs’ ports), Ship Managers and Masters should take special attention that MLC 2006 requirements are being properly complied with, and that all documentation and relevant records, which are the evidence of that compliance, are in good order and promptly available.
A self-inspection / assessment on board is recommended and training should be provided to all crew members prior entering the port of inspection during the CIC period.
SAFETY4SEA recommends the following best practice guide for MLC CICs
1. Are Seafarers under the age of 18 excluded from tasks that are likely to jeopardize their safety or Health?
Clear reference should be made in MLC/Crew Manual (or relevant section of SMS) for seafarers with age under 18. No seafarer under the age of 16 should be employed. Vessel’s flag state (if has ratified MLC) should have provisions for the age of seafarers
2. Are all seafarers holding valid certificates attesting medical fitness?
All seafarers should have a valid medical fitness certificate, issued by a recognized competent health organization. Crew Manager to check for compliance. The Crew Manager is responsible for accessing and monitoring changes to flag State regulations and guidelines prescribing the correct form of the medical certificate. Moreover, the Crew Manager is responsible to ensure that medical certificates are issued in the prescribed format and are valid while the seafarer is on board.
Unless a shorter period is required by reason of the specific duties to be performed by the seafarer concerned or is required under STCW:
- a medical certificate shall be valid for a maximum period of two years unless the seafarer is under the age of 18, in which case the maximum period of validity shall be one year;
- a certification of color vision shall be valid for a maximum period of six years.
In urgent cases the Flag State may permit, by issuing an exemption letter or equivalent, a seafarer to work without a valid medical certificate until the next port of call where the seafarer can obtain a medical certificate from a qualified medical practitioner, provided that:
- provided that the period of work without a valid certificate does not exceed three months; and
- the seafarer concerned is in possession of an expired medical certificate expired within the past six (6) months.
3.Have all seafarers completed their training for personal safety on board?
For officers a pre joining familiarization to be performed regarding Company’s Policies and SMS. All seafarers should sign acceptance declaration of Company’s Policies prior joining. Each seafarer should be familiarized:
- Prior departure but within 48 hours after embarkation – on safety issued concerning the vessel and safety/security on board
- Within two weeks after embarkation on items concerning their assigned duties per rank on board.
A familiarization check list per rank and department to be available signed (in required time frame) by familiarized seafarer – Training Officer and Master. All documentation to be available for PSC inspection. MLC/Crew manual (or relevant section of SMS) to include procedures for training and familiarization of seafarers.
4.1 Do all seafarers have a copy of their seafarer’s employment agreement?
The SEA of each seafarer duly signed as appropriate to be on board (a copy in seafarers file and a copy in seafarer’s cabin). Assigned MLC officer on board to check for conformance.
4.2 Are the seafarers’ employment agreements in compliance with minimum standard required by MLC?
Crew Manager to check conformance. The minimum requirements to be met in every case. Special care to be made for employment period. Some PSC states (eg . AMSA) have specific instructions and requirements for the employment period. A sample of SEA to be included in MLC/Crew Manual (or relevant section of SMS) as guidance.
5. If private recruitment and placement service has been used, does it meet the requirements of the MLC,2006?
Company to ensure that manning agency used performs in accordance with MLC requirements. Crew Manager to have all relevant copies of recruitment service provider’s certification by based flag state. Appropriate appraisals (or audits) to be performed in accordance with MLC/Crew Manual (or relevant section of SMS). As these copies may not be available on board Company to be ready to provide them upon PSCO’s request during inspection. Company’s MLC Officer to be available for contact during inspection.
6. Are records of inspections of seafarers accommodations carried out by the master (or other designated person) available for review?
MLC designated officer on board to focus on the implementation of inspections. Relevant checklists included in MLC/Crew Manual (or relevant sections of SMS) to be completed in the periods required and signed as appropriate. Common failure of deficiency is that PSCOs find completed checklists but the condition of accommodation and/or other referred compartments is not as described in the check lists.
7. Are frequent inspections carried out by or under the authority of the master with respect to supplies of food and drinking water, all spaces equipment used for the storage and handling of food and drinking water and galley and other equipment for the preparation and service of meals documented?
MLC designated officer on board to focus on the implementation of inspections. Relevant checklists included in MLC/Crew Manual (or relevant sections of SMS) to be completed in the periods required and signed as appropriate. Drinking water analysis to be performed in accordance with Flag State requirements. If no requirement has been issued by Flag State the World Health Organization practice to be followed. Storage of food to be in accordance with MLC/Crew manual (or relevant sections of SMS). Calibrated Thermometers for temperature measurement and relevant records to be available for inspections. As good practice a weekly ration to be followed and be posted in mess places. The quality, nutritional value and quantity of food to be in accordance with best practices.
8. Has a ship safety committee been established on board regarding ships on which there are five or more seafarers?
SMS’s relevant form for safety committee minutes to be completed in accordance with its provisions. Records to be available on board for PSC inspection. Safety Manager to provide further guidance to Masters for an appropriate safety meeting execution and records to be kept.
9. For ship not being required to carry a medical doctor, is there on board at least one seafarer holder of a certificate of training in medical first aid or in medical care that meets the requirements of STCW?
At least two officers to carry the relevant certificate in order always to be one available on board. Crew department to organize crew changes taking in account the medical care certification for advanced medical provision on board.
10. Are all seafarers provided with a copy of on-board complaint procedure applicable on the ship?
MLC designated officer on board to provide hand – by – hand a copy of MLC/Crew Manual (or relevant section of SMS) with the procedure for on board complaints to each seafarer. A receipt to be kept as evidence of hand over. Posters with Company’s MLC officer’s, Vessel’s Flag State and Seafarer’s Flag State contact details for onboard complaints to be posted in several bulkheads of the vessel. Copies on MLC/Crew Manual’s (or SMS’s) form for onboard complaints to be available in every crew member’s cabin. Company should have appropriate implanted procedures for handling procedures onboard and ashore. Company MLC officer to be available for contact during inspection.
11. Have all seafarers received monthly accounts of their payments due and amounts paid?
Company to be strict on payment periods and amounts in accordance with signed SEA and contracts. As seafarers may be asked as individuals by PSCO for the payments all relevant records should be available in Company in order to be provided on board. Monthly payments’ receipts per seafarer to be available. If there is an onboard complaint for payment issued by a seafarer, appropriate handling (in accordance with MLC/Crew Manual or SMS relevant section) to be followed up and answered.
Source: SAFETY4SEA
