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8/3/2019 5th Maritime HR & Crew MLC
1/23
INDUSTRY RESPONSE/
SEAFARER CONCERNS
Understanding the MLC, 2006 &Revised STCW Regulations
29 October 2009
5th Maritime HR & Crew Development ACI Conference
London, UKPresented by: Captain Robert A. Fay
Senior Vice President, Maritime Operations
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TRIPARTITE AGREEMENT
MLC
SEAFARERS
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THE REPUBLIC OF THE MARSHALL ISLANDS
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WHO ARE WE?
International Registries, Inc. and its affiliates are the Maritimeand Corporate Administrators of the Marshall Islands Registry
International Registries, Inc. provides a broad spectrum ofservices for the shipping and financial services industries
As of 30 September 2009:
2066 vessels 50,589,810 gross tons
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MLC, 2006 RATIFICATION
68 ILO Maritime Labour Instruments
consolidated and updated, adopted by
ILO in February 2006
Tonnage requirements have been met
with a total share of 33% or more of
the worlds gross tonnage 30
countries needed for ratification
Ratified by four largest open registries
before signed by National Flags
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WHERE WE ARE CURRENTLY
Legislative
Changes to Marshall Islands Maritime Act completed
Regulatory
Marshall Islands Marine Notices prepared to educate
stakeholders
Declaration of Maritime Labour Compliance (DMLC) Part I
DMLC established and reviewed in consultation with
recognized organizations (ROs) and inspectors
Training
ROs and inspectors
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Five Titles of the Regulations and the Code:
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 protection
Title 5: Compliance and enforcement
MLC REGULATIONS AND CODE
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MARITIME LABOUR CERTIFICATE
Minimum age
Medical certification
Qualifications of seafarers
Seafarer employment agreements
Use of recruitment and
placement service
Hours of work or rest
Manning levels
Accommodation
Onboard recreational facilities
Food and catering
Health and safety and accident
prevention
Onboard medical care
Onboard complaint procedures
Payment of wages
DMLC Part Icontains 14 main areas for inspection standards:
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ENFORCEMENT RESPONSIBILITIES
Submit quality assessment reports to the ILO
ILO Special Tripartite Committee will continuously review the
working of the convention
Port state inspection
Possession of Maritime Labour Certificate and DMLC is
prima facie evidence of compliance
More detailed inspection if:
Clear grounds not in compliance Reasonable grounds re-flagged to avoid compliance
Complaint alleging non-conformance
Non-conformities can result in detentions
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FLAG STATE TRANSPARENCY
Register of Vessels
Legal Infrastructure
Safety Supervision
Manning Regulations
Environmental Protection
Accident Investigation
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MLC/STCW REVIEW
Will new regulatory
initiatives deliverhighly trained crews?
Refresher training?
Reassessments?
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INDUSTRY COOPERATION
Regulatory initiatives alone fall
short
Only the combined efforts and
cooperation of all maritime industry
stakeholders can help assure the
quality and training, and ultimately
the safety, of vessels and crews
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CREW EXPECTATIONS
The MLC IS a Labour Convention
The MLC is NOT a Collective Bargaining Agreement The MLC IS an update and compilation of existing Conventions
The MLC is the MINIMUM standard required for all
The MLC is NOT a new tool for Port State Control
The MLC is a win-win-win standard for seafarers, ship owners
and governments
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BALANCING SHIP & SHORE LIFE
The MLC is designed to ensure minimum standards for seafarers
Costs and conditions will equalize for conscientious operators
and the provisions of no more favorable treatment will put
substandard ships and operators at a disadvantage
Improved living and social conditions will attract new seafarers
and help to retain experienced crews
The MLC will establish a mechanism for seafarer input andcontinuous improvement of general ship board conditions
The image of the maritime industry will improve
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BALANCING SHIP & SHORE LIFE
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VALUE-ADDED EFFECTS
Greater incentive/increased productivity
Reduced poaching of experienced crew
Less fatigue, less stress, less turnover
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STCW
GENERAL CHANGES
Harmonization of definitions with MLC
Seafarerall encompassing for shipboard personnel
Certificate of Competency/Proficiency and requirements
Able Seafarer Deck AND Engine
Establish mandatory minimum medical requirements
Strengthen accountability requirements for all parties
Recommendations for ECDIS training and other electronic methods
of navigation
Define electric/electronics officers
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STCW
DECK CHANGES
II/5 Mandatory minimum requirements for certification of ratings
as able seafarer deck
While qualified as II/4, must have 18 months of sea service or12 months with approved training and meet standards specified
in Part A of the STCW Code
Mandatory ECDIS trainingless emphasis on celestial navigation
and light signaling
Recommendations for training in OSV and Dynamic Positioning
vessels
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STCW
TANKERS/SPECIAL PURPOSE
Regulation V/1-1 Mandatory minimum requirements for training
and qualification of masters, officers and ratings on oil and
chemical tankers
Regulation V/1-2 Mandatory minimum requirements for training
and qualification of masters, officers and ratings on liquefied gas
tankers
Strengthen training, service, fire-fighting and knowledge
requirements and assessments for tanker personnel
Security awareness and refresher training requirements
strengthened for all officers and ratings
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STCW
ENGINE CHANGES
III/5 Mandatory minimum requirements for certification of ratings
as able seafarer engine in a manned engine-room or designated to
perform duties in periodically unmanned engine-room
III/6 Mandatory minimum requirements for certification of electro-technical officer
III/7 Mandatory minimum requirements for certification of senior
electro-technical officer
III/8 Mandatory minimum requirements for certification of ratings
as able seafarer electro-engineering in a manned engine-room or
designated to perform duties in periodically unmanned engine-
room
Establishes training and standards for the above capacities and
strengthens security and environmental training for all
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PLANS FOR THE FUTURE
Training and educational seminars for owners in key locations
worldwide
Factors affecting the human element on ships the peopleare
central to ensuring high quality, environmentally friendly, safe and
secure shipping (from ILO)
Sanitary and hygienic
Food handling
Accommodations
Spaces
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STRONG AND EXPERIENCED DELEGATION
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WORLDWIDE OFFICES