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Title of PresentationMaritime Labour Convention
HOUSTON MARINE INSURANCE SEMINAR
Dinesh TharejaDirector, Management Systems Certification
Houston, TX30 September 2013
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Agenda
ABS’ Role Under the Convention
ABS Experience with the Convention to Date
Regulations Relevant to Insurance
How ABS Can Help
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ABS Role Under the Convention
Recognized Organization (MLC, Regulation 5.1.2) MLC inspections and certification services worldwide on behalf of
the ILO Member States Authorized by over 40 Member States (flag States) to date
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ABS Role Under the Convention
Convention is implemented through National Laws and practice
Ratifying States are obliged to develop, adopt and implement national requirements that give full effect to all provisions of the Convention
The ship operators must comply with the applicable national requirements implementing the Convention, rather than the Convention itself
ABS performs these inspections and certification in accordance with the national requirements of the flag State
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ABS Experience with the Convention
Over 1850 Declaration of Maritime Labour Compliance reviewed
Over 1550 vessels inspected and certified on behalf of Signatory States and Non-signatory States*
– * Note: Article V, Para. 7 has “no favorable treatment” clause which does not allow any favorable treatment to non-signatory States
Maritime Labour Certificates issued on behalf of signatory States
Statement of Compliance (SOC) issued on behalf of non-signatory States unless specified otherwise by the flag State
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Regulations: Insurance Related
Regulation 1.4/Standard A1.4.5, Para c(vi) Failure of the recruitment and placement service or the shipowner
Regulation 4.2/Standard A4.2/Guidelines B4.2 Medical insurance Disability insurance Financial security Loss of wages
Regulation 4.5/Guidelines B4.5.2 Social Security, where provided under national law
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How ABS Can Help
Surveys and Inspections Review of accommodation plans for
compliance with design and constructionrequirements under Reg. 3.1
Accommodation surveys under ILO 92/133 or MLC, Reg. 3.1
Review of Declaration of Maritime Labour Compliance
MLC inspections onboard for seafarers working and living conditions
Over 250 MLC Inspectors worldwide
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How ABS Can Help
Software ABS Nautical Systems NS5 Software
for recordkeeping and demonstrating compliance with the Convention
Areas covered by NS5– Crew manning levels (Reg. 2.7),
Qualification requirements (Reg. 1.3), Crew medical requirements (Reg. 1.2), Age of crew members (Reg. 1.1), Payment of wages (Reg. 2.2), Entitlement to leave (Reg. 2.4), Health and safety and accident prevention (Reg. 4.3), Accommodation and recreational facilities inspections (Reg. 3.1), Food and catering inspections (Reg. 3.2)
– Tracking document approvals and acknowledgements
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Summary
All “ships” trading internationally are subject to Port State Inspection regardless of the ratification by the flag State
MLC is considered a prima facie evidence of compliance
A ship without a certificate may be subject to detailed inspection by the Port State Control and may be detained
Shipowners must demonstrate financial security as per national requirements
ABS stands ready to help the industry with training, inspections and certification requirements