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The ILO Maritime Labour Convention, 2006

The ILO Maritime Labour

Convention, 2006

Rick Ferraro

Client Training Manager

Business Development Manager

Lloyds Register Americas

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LLOYDS REGISTER

The ILO Maritime Labour Convention, 2006 (MLC 2006)

What we will cover today:

Introduction to the MLC, 2006

Objectives

Some key characteristics

Resolutions

When will the MLC, 2006 be implemented?

A summary of the requirements and recommendations contained in the MLC, 2006

Practical implementation

Scope of inspection

Plan Approval for new ships

Action Plan for owners preparing for inspections

Lloyds Registers Voluntary Assessment Programme

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Overall objectives of the Maritime Labour Convention

(MLC) 2006

To establish decent working and living conditions forall seafarers worldwide.

(1.2 million seafarers, estimated 69,000 ships 16 % Unionized)

plus

To ensure that governments and ship owners are

committed to establishing decent working and livingconditions for seafarers.

(Defines the TRIPARTITE roles and responsibilities Ship Owners,Mariner & FS, PS)

and importantly

To put control and enforcement mechanisms in place toensure there is a level playing field.

(Certification scheme - MLC)

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Objectives of the Maritime Labour Convention,

2006

To set minimum standards to address the health, safety and welfare ofseafarers in areas such as:

Conditions of employment

Accommodations

Recreational facilities

Food and catering

Health protection

Medical care

Welfare and social protection issues

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Objectives of the Maritime Labour Convention,

2006 (continued)

These minimum standards are intended to address issues such as:

The causes of fatigue

Occupational health and safety

Recruitment

Working and living conditions

Crew retention and motivation

Thus imp rov ing th e safety and the status o f shipp ing

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Key Characteristics of the Maritime Labour

Convention, 2006

Consolidates and updates 68 existing ILO instruments

(Bill of Rights for Seafarers the 4th Pillar of Maritime Legislation)

Promotes a flexible approach to implementation through national substantial

equivalences, alternatives and exemptions thus promoting early ratification by

ILO Member States.

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Convention, 2006 (continued)

Definition of seafarer

seafarer

means any person who is employed or engaged or works in any capacity

on board a ship to which this Convention applies; (1.2 million seafarers)

* There are no exemptions: Master, hotel staff etc.

Resolution 7Annex

(maintenance crew , off ic er cadets, etc. di f ferent nat ional interpretat ions of

seafarer ?)

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Convention,

2006 (continued)Broadly defines ship

ship

The Convention applies to all ships, whether publicly or privately owned, ordinarily

engaged in commercial activities, other than ships:

which navigate exclusively in inland waters or waters within, or closely adjacent to,

sheltered waters or areas where port regulations apply

engaged in fishing or in similar pursuits

ships of traditional build such as dhows and junks

warships or naval auxiliaries.

Tonnage Limitsare specifically stated in each individual title of the Convention

International Voyagesnot mentioned unless specifically stated in each

individual title of the Convention

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When will the Convention be ratified and

implemented?

Ratification requirements

- 30 Member countries, representing 33% of the total world grosstonnage

- MLC, 2006 will come into force 12 months after ratification(Resolution 17)

ILOs 5 year Action Plan

- Ratification 2011

- Implementation 2012

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What else will occur as we run up to ratification

and implementation?

Liberia, Marshall Islands, Bahamas, Panama, Norway and a few others haveratified the Convention

Some Member States have informally indicated their intent to ratify

Many states dont want to appear to not care thus they ratify

EU initiatives? (Instruction to be issued December 2010 ) EU Draft Directive

Tripartite Groups www.ilo.org

- Guidelines for Flag State Inspection (Resolution 13)

- Guidelines for Port State Control (Resolution 4)

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Regulations and the Code

The Regulations and the Code are organised into 5 areas called Titles:

Title 1: Minimum requirements for seafarers to work on a ship

Title 2: Conditions of employment

Title 3:Accommodation, recreational facilities, food and catering

Title 4: Health protection, medical care, welfare and social

security protectionTitle 5: Compliance and enforcement - certification

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Title 1

Title 1 addresses the minimum requirements for seafarers to workon a ship.

1. Minimum Age

2. Medical Certificates

3. Training and qualifications4. Recruitment and placement

Checklist
http://c/Documents%20and%20Settings/hourfx/My%20Documents/Checklists/Title%201%20(FINAL%20300508).xlshttp://c/Documents%20and%20Settings/hourfx/My%20Documents/Checklists/Title%201%20(FINAL%20300508).xls

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Title 2

Title 2 addresses the conditions of employment for seafarers.

1. Seafarers employment agreements

2. Wages

3. Hours of work and hours of rest

4. Entitlement to leave

5. Repatriation6. Seafarer compensation for the ships loss or foundering

7. Manning levels

8. Career and skill development and opportunities for seafarers

employment

A number of issues in this Title are very critical inspection items!

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Title 3

Title 3 addresses

1. Accommodation, recreational facilitiesa) New Ship vs. Existing Ship requirements

(construction and equipment)

b) Existing ships - status of existing ILO maritime conventions when the MLC2006 comes into force. (C92, C133)

c) Title 3 consolidates and modernises existing ILO convention requirements- (noise and vibration)

d) Flexibility through national substantial equivalences, exemptions,

alternative arrangements

b) Owners inspections

2. Food and catering

- quantity, quality, cultural differences,- qualifications of cooks preparing food

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Title 3: (continued)

A3.1 Paragraph 4

The Competent Authority shall pay particular attention to:

The size of rooms and other accommodation spaces

Heating and ventilation

Noise and vibration and other ambient factors

- Exposure to noise B4.3.2

- Exposure to vibration B4.3.3

Sanitary facilities

Lighting

Hospital accommodation

- These will be important inspection items by PSC- The importance of taking into account national requirements

- Plan approval issues

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Title 3: Accommodations (continued)

Plan Approval issues (new ships)

Flag State Guidelines on the issue of plan approval?

Change of Flag? - Can result in different specifications depending on what

ILO Convention the flag state ratified (C 133, C 92 ??)

DMLC Part I

Flag states need to prepare guidelines

When will they be done?

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Title 4

Title 4 addresses:

1. Medical care on board ship and ashore

(medical and essential dental, medicines, equipment, on board facilities,

guidelines, training and communications, access to shore based medical

facilities)

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Title 4 (continued)

and

2. Ship owners liability

(compensation for sickness, injury, death in service; medical care costs,

payment of wages during sickness/injury)

3. Health and safety protection and accident prevention

(procedures, policies, safety meetings, safety equipment and training,exposure to noise and vibration etc)

4. Access to shore-based welfare facilities

5. Social security (minimum of 3 of the 9 items - A4.5 (2))Medical care, Sickness benefit, Old-age benefit, Employment injury, Family benefit, Invaliditybenefit and Survivors benefit

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Title 5 Compliance and enforcement

Title 5 addresses the following issues:

1. Flag State responsibilities

- To define the national Flag State requirements- The Inspection and Certification of vessels against the new

Convention and national requirements

- Authorisation of recognised organisations

- For having procedures for handling seafarers complaints

2. Port State responsibilities

- The inspection of its own national flagged vessels in port

- To enforce the new Convention standards on foreign

flagged ships under the no more favourable treatment

requirement of the Convention

- For having procedures for handling seafarers complaints

made on shore3. Labour supplying responsibilities

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Title 5 (continued)Seafarers Complaints:

Regulation 5.1.5Ships are required to have on board procedures for the fair, effective andprompt handling of seafarers complaints alleging breaches of therequirements of the Convention (including seafarers rights).

A5.1.5 paragraph 2 and A5.2.2

Seafarers have the right to complain directly to the master and, where theyconsider it necessary, to an appropriate external authorities.

Any complaint procedure used has to ensure confidentiality and safeguardagainst possible victimisation of the seafarer

ILO will use deficiencies, detentions and seafarers complaints as a measure

of the effectiveness and success of the MLC, 2006.

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Title 5 - The certification process

Regul ation 5.1.3 Declarat ion o f Mari t ime Labou r Compliance (DMLC)

and.. Maritime Labour Certificate and

Applies to ships of:

(a) 500 gross tonnage or over, engaged in international voyages;

and

(b) 500 gross tonnage or over, flying the flag of a Member and

operating from a port, or between ports, in another country.

* Ships below 500grt, or ships operating on a domestic trade still need to

be inspected against the requirements of the Convention but do not

need to be certified

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The certification process - Title 5 (continued)

Declaration of maritime labour compliance (DMLC)

Part I shall be drawn up by the competent authority which shall:

identify the list of matters to be inspected identify the national requirements to be complied with

record any substantially equivalent provisions and exemptions granted by thecompetent authority

Part II shall be drawn up by the ship ownerand shall identify: the measures to ensure continuous improvement and ongoing compliance with

the national requirements specified in Part I Part II shall be certified by the competent authority

Inspection

Maritime Labour Certificate (MLC)

(5 year MLC with intermediate full inspection during years 2-3)

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Scope of Inspection (continued)

Appendix A5-1 (same as the DMLC Part I and DMLC Part II)

Minimum age

Medical certification

Qualifications of seafarers

Seafarers employment agreements

Use of any licensed or certified or regulated private recruitment andplacement service

Hours of work or rest

Manning levels for the ship

Accommodation

On board recreational facilities

Food and catering

Health and safety and accident protection

On board medical care

On board complaint procedures

Payment of wages

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Action Plan - For Vessel Owners

Inspections against ILO C92 and ILO C133 For Existing Vessels

Masters regular inspections of his ship

On board MLC, 2006 Manual - (DMLC)

Ships staff awareness of MLC, 2006 requirements

Development of comprehensive on board complaint procedures

Training in complaint handling on board ships

The Master to be able to undertake wage calculations

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Some observations from LR work

The MLC, 2006 inspection is primarily about labour related issues andtherefore requires a new breed of inspector (FS and PS)

Lloyds Register will use maritime labour inspectors.

Ship owners of multi-flagged fleets will have to work hard to coordinate thediversity of national requirements and substantial equivalences andexemptions found in different DMLC Part I.

The objectives of an ILO inspection are very different from those objectives ofan ISM audit

LR has recognised the immediate importance for owners to prepare early forthe MLC, 2006.

On a bulk carrier with 16 crew inspection time, even with a samplingapproach, typically 9 10 hours.

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Summary

1. The new ILO Convention is broad in its content and very complex in its detailand implementation

2. There may not be a level playing field

3. National requirements through substantial equivalences and exemptions willapply to existing ships as well as new ships

4. The implementation of the new ILO Convention may come earlier than 2012

5. Ships staff awareness of the convention requirements is extremelyimportant

6. Managing seafarers complaints the importance of having good on boardcomplaint procedures

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Summary

The new ILO Convention addresses issues associated with:

The causes of fatigue

Occupational health and safety

Recruitment

Working and living conditions

Help crew retention and motivation

Thus improving the safety and the status of shipping

Lloyds Registers MLC, 2006 related services

Voluntary Assessment Programme - Check Sheets

International programme of workshops, training, seminars

Additional support and information

[email protected] Mobile 832.496.6031
http://www.lr.org/mailto:[email protected]:[email protected]://www.lr.org/