Marlow MLC Documentation Training

ILO MLC 2006 THE MARLOW GUIDELINE FOR SENIOR OFFICERS

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TABLE OF CONTENT

Introduction

Port State Control & Flag State Inspections

Marlow’s MLC Documentation

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STRUCTURE OF THIS GUIDE

•General information

•Tasks

•Scope

Port State Control & Flag State

Inspection Info

•Marlow’s MLC Documentation

•Example of Deficiencies

•Sources of Documentation

Marlow’s MLC Documentation

•Sample DMLC Part II

•Evaluation

Assignment

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INTRODUCTION

After you gained already generic Information about the

Maritime Labour Convention 2006, this Guideline will help

you to…

• be prepared for Port State Control and Flag State

Inspections under the MLC 2006

• be familiar and know how to work with the Marlow

specific MLC Documentation

• know how to work with your ship specific DMLC Part II

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PORT STATE

CONTROL & FLAG

STATE INSPECTIONS

UNDER THE MLC 2006 ENTRY INTO FORCE ON THE 20TH OF AUGUST 2013

BE PREPARED FOR:

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P SCO = POR T STATE CONTR OL OFF I CER

PSC I = POR T STATE CONTR OL I NSPECT I ON

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TASKS OF THE PSCO (APPLICABLE ONLY AFTER 20.08.2013)

During the on-board inspection, the Inspector will verify compliance

with the ship’s national requirements (DMLC Part I) for decent living

and working conditions by using various inspection methods:

Collecting documented evidence

Visual tour of the ship

Conducting interviews with seafarers (in private)

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TASKS OF THE PSCO

The Agenda of the PSCO should contain the following:

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If applicable, see section: What happens if the flag state of my vessel did not ratify the Convention?

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The MLC Certificate (example on the right)

and the DMLC Part II should be the starting point in the inspection process.

These two documents create evidence that the ship is in compliance with the requirements of the MLC, 2006 (including seafarers’ rights).

Source: Guidelines for port State control officers carrying out inspections under the Maritime Labour Convention, 2006

NOTE:

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Flag STate

Vsl Details

MLC

Shipowner/

Doc Holder

Issue Date

Expiry Date

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SCOPE OF THE PORT STATE CONTROL

INSPECTION

• Clear grounds for believing that the working and living conditions on the ship do not conform to the requirements of the Convention (Standard A5.2.1, paragraph 1(b)) or

• reasonable grounds to believe that the ship has changed flag for the purpose of avoiding compliance (StandardA5.2.1, paragraph 1(c)) or

• there has been a complaint (Standard A5.2.1,paragraph 1(d)).

Where the PSCO having come on board finds that the documentation

(MLC Certificate+ DMLC Part II) is valid and complete, the inspection would come to

an end at that point.

More detailed inspections are not justified unless there are:

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The inspector should always explain why a more detailed inspection is required!

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GENERAL INFORMATION:

PORT STATE CONTROL INSPECTORS

.

PSCOs may also be assigned with handling and investigating complaints made by

seafarers on ships visiting their ports.

If complaint handling is not part of their functions, they should direct

seafarers to the competent official for handling complaints or to

receive complaints for transmittal to the competent official

During the course of this guideline you will be made familiar with flag/vsl specific Complaints Procedure Forms

which will be handed out to every seafarer together with their SEA via

the recruitment and placement Agency

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FAQ. WHAT HAPPENS IF THE FLAG STATE OF MY

VESSEL DID NOT RATIFY THE CONVENTION?

Inspection in a foreign port applies even if the ship is flying

the flag of a country that has not ratified the MLC 2006,

because:

The MLC 2006, obliges the States that ratify it to give no more favourable treatment to ships

of States that have not ratified it (Article V, paragraph 7)

This means that these ships may even be the subject of a more detailed inspection as provided

under the MLC 2006

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MARLOW’S MLC

DOCUMENTATION A GUIDELINE

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OVERVIEW

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Sources of information

Examples of deficiencies or non-conformities

Marlow’s Chosen solution

Provides Info about the Marlow MLC

Documentation on board

Note

Provide Info's about which situations

might cause a deficiency or observation

Applicable documentation needed

to constitute evidence

General Information

NOTE: The proposed MLC solutions mentioned on the MLC

CD shall be considered as a guidance to Shipowners to complete their DMLC Part II

The Ship specific DMLC Part II is still the apparent evidence for MLC compliance!

You must be aware of the procedures in the DMLC Part II for your specific Ship and the additional

Documentation from Marlow mentioned therein.

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Reference Material

The reference material will provide you with:

1. General information about the Convention

2. A collection of Flag State MLC Documentation

3. Documents developed by Marlow

4. Frequently asked Questions about the MLC

5. Detailed guidance for Port State Control and flag State Inspections

In case you need on board any

more information about the MLC in general or would like to

prepare yourself in detail for an upcoming inspection the

reference material will provide you with the necessary material.

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Seafarers without a valid medical

certificate cannot sign-on the vessels!

Manning Agencies need to ensure that medical certificates are valid and from an approved medical

institute prior of allowing a seafarer to join the vessel.

In case of emergency a list of approved clinics can be found in the reference material on board.

Med. Certs shall be valid at least for the period of service.

(Maximum Validity 2 years)

A 1.2 MEDICAL CERTIFICATES

• Seafarer on board without a valid medical or colour vision certificate (where appropriate) or authorization from the competent authority in urgent cases.

• Seafarer working on the ship or performing tasks contrary to a restriction on a medical certificate.

• Seafarer’s medical certificate not in the English language on a ship ordinarily engaged in international voyages.

• A medical certificate that has not been issued by a duly qualified medical practitioner.

• Med. Cert does not meet requirements in STCW Regulation A-I/9 and MLC Regulation 1.2


Note:

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If medical certificate expires on board:

• It is in force until the next port of call • There the seafarer shall obtain a medical certificate

from a qualified medical practitioner (see below)

Provided that the period shall not exceed three months (always keep Marlow informed!)

In case of renewal or emergencies where national medical's do not meet the requirements of STCW and the MLC 2006:

• Marlow developed certificates covering the required items. Find it in the Reference Material. It has to be completed by authorized medical practitioners

Medicals Certs must at least meet the requirements stated in STCW Regulation A-I/9 and MLC Regulation 1.2

Marlow’s Chosen solution A 1.2 MEDICAL CERTIFICATES

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Regulations 1.4 (Recruitment& Placement) and 2.1(SEA) are subject to an inspection. Therefore, you may be required to explain the

relationship between the Company listed in the ISM/MLC

documentation and the company listed as the employer on the

SEA.

Consequently, it is important to know the organisational structure

and which documents provide evidence of the cooperation

between the various parties involved.

It is also important to be aware of the certification in place for the

Recruitment & Placement Services (Regulation 1.4) and where to find

this documentation on the MLC CD.

Why is it important for Mgmt. Level Officers to know

the Organizational Structure of Marlow?

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A1.4 ORGANIZATIONAL STRUCTURE

Marlow’s organizational network is MLC

compliant. Documentary evidence can be

found on board via the MLC CD.

Letter of Engagement authorizes

Crew Manager to act as Employer

The Marlow Network

MLC Shipowner

Local Manning Agency

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A1.4 THE MARLOW NETWORK IS CERTIFIED

The Marlow Network

• The crewing managers are not Recruitment & Placement Agencies. Crewing Managers carry a certificate issued by Germanischer Lloyd, which can be found in the reference material on the Marlow CD Neither the Government of the Netherlands

nor Cyprus issue Agency licenses

Crewing Manager

•Recruitment & Placement Agencies in a non ratification country are MLC certified by IACS (Classification Society). The licenses can be found in the reference material on the Marlow CD

•Recruitment & Placement Agencies in a ratification country have an Agency License issued by the national authority which is automatically MLC compliant

Recruitment & Placement Agencies

• Are agents on behalf of the Crew manager(entitled to sign SEA’s) Documentary evidence (Special Power of Attorney) can be found in the reference material on the Marlow CD

Marlow Navigation Inc. Galant Maritime

Services Inc.

Marlow’s

organizational

network is MLC

compliant.

Documentary

evidence can

be found on

board.

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A1.4 SEA SIGNING PARTIES Why is it now important for Management Level Officers to know the Marlow

Organization Structure? The employer depends on various conditions. The below table will help you understand who is the employer

and who signs the SEA based on the registration details of the vessel and the rank of the crewmember:

Vessel Status Rank Nationality Signature Employer

non-Tonnage Tax / ITF

Officers Other Marlow Cyprus

Marlow Cyprus Officers Filipino

- Marlow Cyprus on ITF / - Marlow Philippines (as agents) on POEA SEA

Ratings Other Marlow Cyprus

Ratings Filipino - Marlow Cyprus on ITF / - Marlow Philippines (as agents) on POEA SEA

Tonnage Tax / ITF

Officers Other Marcrew Germany Marcrew Germany

Officers Filipino - Marcrew Germany on ITF / - Marlow Philippines (as agents) on POEA SEA

Ratings Other Marlow Cyprus Marlow Cyprus

Ratings Filipino - Marlow Cyprus on ITF / - Marlow Philippines (as agents) on POEA SEA

Tonnage Tax / non-ITF

Officers Other Marcrew Germany Marcrew Germany

Officers Filipino Marlow Philippines (as agents) Ratings Other Marlow Cyprus

Marlow Cyprus Ratings Filipino Marlow Philippines (as agents)

non-Tonnage Tax / non-ITF

Officers Other Marlow Cyprus

Marlow Cyprus Officers Filipino Marlow Philippines (as agents) Ratings Other Marlow Cyprus Ratings Filipino Marlow Philippines (as agents)

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Crew Managers have not been defined anywhere

in the ILO MLC 2006

The Letter of Engagement (LoE) authorizes the Principal to

fulfil subcontracted duties and act as your Employer

Purpose:

Officially document the MLC related services subcontracted by the Ship owner to Marlow as an Employer.

It serves as a link between all the parties involved which are mentioned on all the various official MLC documents

(Registered Owner / DOC holder / Crew Manager or Principal).

LETTER OF ENGAGEMENT

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Shipowner/Shipmanager (DOC Holder)

Marlow (Employer)

Extract of subcontracted duties to Marlow

Signatures

Details of the Vessel

LETTER OF ENGAGEMENT Your vessel will have a specific Letter of

Engagement which will be filed on board. It will contain the following items:

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A 2.1 S.E.A (SEAFARER EMPLOYMENT AGREEMENT)


• A seafarer without a SEA

• A SEA that does not contain all the items in Standard A2.1, paragraph

4(a)–(k).

• A SEA that is inconsistent with the national requirements of the flag

State.

• Seafarers are not given a record of their employment on the ship on

completion of engagement.

• A collective bargaining agreement (CBA) that forms part of the SEA is

either not on board or not in English.

• The SEA contains clauses that violate seafarers’ rights.

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A 2.1 S.E.A

The SEA and any related documentation issued

together with the SEA meets

all the requirements of MLC

A2.1.1-A2.1.6

A declaration form, confirming that the seafarer

had the chance to review

the SEA and seek advice if

needed, will be given to

every seafarer together with

a copy of the SEA


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During onboard MLC

inspection, S.E.A and

related docs, as well as

seafarer's employment

record books shall be

available for inspection.

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A 3.2 FOOD & CATERING

• All cooks must be in possession of a cook Certificate. Uncertified cooks shall not be on board.

• Cook certificates must be in accordance with ILO Convention 69 (Certificate of Ships Cooks Convention 1946) or the MLC (Regulation B3.2.2) and should refer to either of the above mentioned conventions.

• Since a number of existing cook certificates do not comply with or refer to ILO Convention 69 or the MLC, flag states have confirmed that a letter issued by Marlow which endorses the cooks experience(24month in

the last 5 years) and competence would be accepted (in addition to their existing cook certificate).

• Therefore, all cooks (with the exemption of trainee ranks) will be issued with the 'MN ATTESTATION FOR EXISTING COOKS' letter.


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• Documents that the ship’s cooks are qualified

• On-board records to confirm that inspections are made of:

• supplies of food and drinking water;

• spaces used for handling and storage of food/ catering

facilities;

• galleys and other equipment used in the preparation and

• service of meals.

• Evidence concerning drinking water quality is monitored

• Menu plans together with observation of food supplies that it is of

an appropriate quality and quantity

• Interviews, in private, with a representative number of seafarers

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• Food and drinking water are not of proper quality, nutritional value and quantity, for the seafarers on the ship.

• Seafarer is charged for food and/or is not provided with drinking water.

• Seafarer who has responsibility for preparing food is untrained or not instructed as required.

• Ship’s cook is not trained and qualified.

• Frequent and documented inspections of the food or water, or of the preparation or storage areas, are not being carried out.

• Catering facilities are not hygienic or are otherwise unfit for their purpose.

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Example of deficiencies

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In case of an illness or accident on board a

standard medical report form needs to be completed.

Should the applicable Flag States have introduced

a standard medical report form then that form

should be used. A table with all the relevant documentation can be found in the MLC

Reference Material.

It shall be completed by master and (in port)

approved medical practitioner. On patient's return

to vessel, a copy of the report form to be placed in

File CA-5 and a copy sent to Marlow.

A 4.1 MEDICAL CARE ONBOARD SHIP & ASHORE Marlow’s Chosen solution

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Examples of deficiencies

• A seafarer is denied, without justification, shore leave for medical or dental care.

• A seafarer is not provided with appropriate medical care on board ship.

• Medical personnel, with appropriate qualifications, as required by national laws or regulations, are not on board.

• Medical chest or equipment does not meet national standards and/or no medical guide is on board.

• No medical report forms are on board.


• Records to confirm that health protection and medical care are being observed

• Deviation report

• Form SC-207 (Monthly illness report)

• Medical guide as required by national laws and regulations

A 4.1 MEDICAL CARE ONBOARD SHIP & ASHORE

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A 5.1 GENERAL PRINCIPLES & ONBOARD COMPLAINTS

PROCEDURE

All ships have an on-board complaints procedure for the effective handling of

seafarer complaints / breaches of the MLC 2006 (including seafarer rights).

It is required that all seafarers are provided with a copy of the on-board complaints

procedure applicable for the specific vessel / assignment.

Marlow has developed a system whereby the appropriate ship specific on-board

complaints procedure shall be provided to all seafarers during the visit of the

Recruitment and Placement office for pre-departure briefings / signing of

documentation.

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Examples of deficiencies

• No document setting out the on-board complaint procedures.

• Ship’s on-board complaint procedures are not operating.

• Victimization of a seafarer for making a complaint.

• Seafarer is not provided with a copy of the ship’s on-board complaint procedures in the working language of the ship.

A 5.1 GENERAL PRINCIPLES & ONBOARD

COMPLAINTS PROCEDURE

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ADDITIONAL INFORMATION

Importance shall be

drawn to the additional

information we provide

in our Marlow MLC

Reference Material:

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Reference Material

List of approved medical clinics

Sorted by country of domicile

List of the Collective Bargaining Agreements

For Review

Recruitment and Placement Service

Certificates

To ensure compliance of Manning Agencies incl. Marlow, Marcrew & Marlow NL

National Repatriation Provisions

Sorted by Flag administrations

Various ILO guidelines and the actual

MLC text 33

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TEST YOUR KNOWLEDGE

Use the provided sample DMLC Part II and the previous slides

to answer the following multiple choice questions.

Choose one of the 4 answers and read the question carefully!

Follow this link: http://tinyurl.com/cksk5ke

http://tinyurl.com/cksk5ke