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Lloyd’s Register decided this time to follow Flag rules for the MLC Implementation. Our inspections will be based against the flag requirements, nothing more, nothing less. This is why we have continuously discussions and interpretations with Flags.
MLC will enter into force by the end of 20th August 2013. So far, 31 countries have ratified the Convection. Ships flying the flags of these 31 Member States need to have certification. According to article 3 of the Convection, the MLC is applicable to the flags after deposit the ratification with the ILO, which means that if a flag deposits the ratification with the ILO on December 2012, for this Flag, the Convection will enter into force twelve months afterwards, by December 2013. Of course here, we have a complication; what will happen for this ship when it goes to a port of a ratified country? It will be subject to PSC inspections and of course it may face deficiencies or even detention. So, recommendation to everyone is to be prepared by 20th of August 2013. Don’t delay and push your Flags. They have to feel the pressure in order the Flags to proceed with the ratification and also to issue D MLC part I. Without D MLC part I you cannot be certified. Lloyd’s Register recommends pushing your Flag on D MLC part I. For existing ships, you will go directly for initial certification. If the Flag has displayed the D MLC part I on time, you don’t have to go for interim certification. So, you will go for initial certification and for intermediate in several years. In case you go for initial certification, you will go only on new ships on delivery or when a ship changes Flag of management. There are some steps that you need to follow in order to be prepared on time. The first step is of course to get the D MLC part I, which for every ship will be specific, and prepare the D MLC part II by taking measures to ensure compliance and improvement. Please try to do it as simply as possible. You should verify that you will not do only statements but you have to state responsibilities and keep records during its construction. This document can be reviewed ashore but it will be certified upon completion of the inspection onboard. So, the review takes one day but inspection will be on board.
Figure: ILO MLC, 2006, Road map towards compliance and certification
The inspections must include: document review, interviews with ships’ personnel, visits to all working areas onboard. If we have non – compliance, the ILO uses the word “deficiency”. If it is major non- compliance, then it is a serious deficiency. Lloyd’s Register uses also the word ‘observations’ which are things, areas, items, issues that should need some improvement in order to avoid a possible deficiency. Flags state guidelines and port state guidelines always make references to the professional judgment of the inspector to decide if a ship is allowed to sail before a deficiency is rectified. Before the inspection leaves a ship, an action plan is need to be provided to inspector and agreed upon with the ship master and ship owner, or the representative of the ship owner. Upon completion of any inspection on board, the inspector will issue a report and proceed with certification. The report, together with any deficiencies identified and any correction plan agreed with the master would be placed on a notice boar, everyone to be able to review it.
Figure: Proposed Action Plan
The Convection is organized in five titles. Title 1 refers to the minimum requirements for seafarers to work on a ship. In details refers to seafarers’ age control, control of medical certificates training and qualification, control of manning agents. Title 2 refers to conditions of employment; CBA should be placed onboard in English, record of employment should include quality standards and wages, monthly payment of wages, work and rest hours according to STCW, financial security to ensure repatriation. Title 3 refers to accommodation, recreational facilities, food & catering. Title 4 refers to health protection, medical care, welfare and social security protection and finally title 5 to compliance and enforcement. Also, don’t forget that an proposed action plan is needed which verifies compliance with C99 and C133 of FS Requirements and procedures to prepare the D MLC part II, to train the people and implement a comprehensive on board complaint procedures and allocate responsibilities.
Above ariticle is an edited version of Michael Sigalas presentation during 2012 Safety4Sea Annual Forum.
You may view relevant video by clicking here
