1
Q
What is the MLC?
A
Maritime Labour Convention
It is a single consistent standard for the working rights of seafarers
2
Q
What does the MLC codes cover/what are the titles?
A
1 Seafarer minimum requirements - age, medical, and training certificates
2 Conditions of employment – wages, working hours, rest and leave; career development
3 Seafarers’ accommodation, leisure facilities, and on board catering standards
4 Health and safety, medical care, access to on-shore welfare facilities
5 Complaints, inspections, responsibilities of the flag and port states
3
Q
Who made the MLC?
A
The international Labour Organisation
4
Q
What are the sections of the MLC?
A
- Articles - Broad Principles
- Regulations - Basic Requirements
- The Code:
Part A - Guidelines
Part B - The Five Titles
5
Q
What certificates are required under the MLC?
A
Maritime Labour Convention Cert
Declaration of maritime labour compliance
6
Q
Which vessels are required to have the MLC certs?
A
Vessels ≥500GT
7
Q
What is the validity of the MLC certs?
A
5 Years
8
Q
What surveys are required for the MLC certs?
A
Initial
Intermediate (Y2 or Y3 annual)
Renewal (5 Years)
9
Q
What are the MLC related certificates?
A
Declaration of maritime labour compliance
Maritime Labour Certificate
10
Q
Does the maritime labour certificate, or decleration of maritime compliance come first?
A
The Maritime labour certificate comes first, the DMLC is attached to it
11
Q
What does a martitime labour certificate certify?
A
That the working and living conditions of seafarers on the ship meet the requirements of the MLC / national law
12
Q
What items are on a maritime labour certificate?
A
Flag state
Issuing oragnisation
Particulars of ship
Shipowners details
Validity
Date of Issue
Details of attached declaration
Seal of issuing authority
Intermediate inspection details
13
Q
Can you get an interim maritime labour certificate?
A
Yes
14
Q
When can you get an interim maritime labour certificate?
A
(a) to new ships on delivery;
(b) when a ship changes flag; or
(c) when a shipowner assumes responsibility for the operation of a ship which is new to that shipowner
15
Q
How long is the validity of an interim maritime labour certificate?
A
6 months
16
Q
What must be verified before an interim maritime labour certificate is issued?
A
(a) the ship has been inspected as far as praticable and appears to comply with the MLC
(b) the shipowner has demonstrated the ship has adequate procedures to comply with this Convention;
(c) the master is familiar with the requirements of this Convention and the responsibilities for implementation
(d) relevant information has been submitted to the competent authority or recognized organization to produce a declaration of maritime labour compliance.
17
Q
What is the D-MLC?
A
The declaration of maritime labour compliance
18
Q
Who completes Part 1 of the declaration of maritime labour compliance?
A
The competent authority (Flag/RO)
19
Q
What is the purpose/requirements of part 1 of the declararion of maritime labour compliance?
A
It shall:
(i) identify the list of matters to be inspected to issue an MLC;
(ii) identify the national laws which contain the MLC requirements, and concise information on the main content of same;
(iii) refer to ship-type specific requirements under national legislation;
(iv) record any “substantially equivalent” measures for this flag state
(v) any exemptions granted regarding accomodation/food/Recreational facilities
20
Q
What items are on Part 1 of the declaration of maritime labour compliance?
A
Competent authority
Name / IMO # / GT of ship
List of local laws which enforce the various titles of the MLC
Stamps and signatures
List of substantial equivalencies
List of exemptions
21
Q
Who completes Part 2 of the declaration of maritime labour compliance?
A
The shipowner
22
Q
What is the purpose/requirements of part 2 of the declararion of maritime labour compliance?
A
It shall identify:
The measures adopted to ensure ongoing compliance with the national requirements between inspections
The measures proposed to ensure that there is continuous improvement
23
Q
What items are on Part 2 of the declaration of maritime labour compliance?
A
List of measures which ensure compliance with the Titles of the MLC
Shipowners details
Shipowners signature and stamp
Signature and stamp of organisation which has verified conditions onboard
24
Q
Who signs part 1 and part 2 of the declaration of maritime labour compliance?
A
Part 1 - Flag
Part 2 - Flag and Company
25
Broadly, what are part 1 and part 2 of the declaration of maritime labour compliance?
Part 1 explains how the flag state regulates/enforces the MLC onboard ships
Part 2 explains how the company complies with the MLC onboard their ships
26
What certificate is attached to the declaration of maritime labour compliance part 1 and part 2?
The Maritime labour certificate
27
Where are a copy of the maritime labour certificate, and part 1 and part 2 of the declaration of maritime labour compliance posted onboard?
In a conspicuous place on board where it is available to the seafarers
Crew noticeboard normally
28
How do the crew know the ship complies with the MLC?
There will be a posted copy of the DMLC
They receive an SEA
They receive a copy of the grievance procedure
29
Who issues the Maritime labour certificate?
Flag or RO
30
Why is it important to have shipowners details?
So they can be contacted in case of an issue
31
Minimum age of crew per the MLC?
16 years old
Those under 18 have special requirements
32
What are your Responsibilities onboard as Master under MLC?
Maintain and sign Seafarers’ hours of rest.
Frequent inspection of Accommodation and Recreational Facilities.
Regular inspections of the Galley, Store Rooms, provision areas and Food Prep equipment.
33
Can the rest period be interrupted for a drill?
Per the MLC
"..drills shall be conducted in a manner which minimizes the disturbance of rest periods and does not induce fatigue"
So this disturbance is treated the same as working outside regulation for any other reason
34
Can the Work and rest Hours regulations be not followed?
During periods of emergency, until normal situation has been restored
Those who have had their rest be disturbed are to be provided with an adequate period of rest
35
How many times in a month can a seafarer work outside of compliance with the regulations until it needs to be reported to flag?
3
36
What are the MLC Hours of Rest?
10 Hours Rest in 24 Hours
Broken up into not more than 2 Periods - One of which must be at least 6 hours - no more than 14 hours between rest periods
77 Hours rest in any 7 Day Period
37
What is an SEA?
Seafarers Employment agreement
38
Who needs an SEA?
All onboard crew
39
What is the agreement between seafarer and the shipowner or their representative?
Seafarers employment agreement (SEA)
40
If an SEA is signed by the Shipowner’s Representative, rather than the Shipowner themselves what is required to be listed on it?
The shipowners details
41
What is the maximum permitted contract length under the MLC?
Per the MLC you are entitled to 2.5 days of annual leave per month.
2.5 x 12 = 30
So max is 11 months as you need to take that minimum annual leave in the final month of the year
42
Can the maximum contract length be extended beyond 11 months?
Yes, but only with a dispensation from the flag state
43
What documents does a Joining seafarer need, under the MLC?
Medical Certificate
Copy of SEA
Copy of CBA (if applicable)
44
If a crewmember has a problem onboard, under the MLC what could they refer to?
The onboard grievance procedure
45
How will a crewmember know what the onboard grievance procedure is?
The should be given a copy at sign-on
It should be posted onboard
It should be in the SMS
46
What should the grievance procedrue look like onboard?
It should escalate
Start with reporting to those onboard
Then junior shoreside
Then senior shoreside
Then flag /unions etc
47
Which ships require a cook?
Ships with ten or more crew
48
If a crewmember has a problem onboard, will they take it straight to the flag state?
No, it will be an escalating response
49
What will be included on an SEA?
(a) the seafarer’s full name, date of birth or age, and birthplace;
(b) the shipowner’s name and address;
(c) the place where and date when the SEA is entered into;
(d) the capacity in which the seafarer is to be employed;
(e) the amount of the seafarer’s wages;
(f) the amount of paid annual leave;
(g) the termination of the agreement and the conditions thereof;
(h) the health and social security protection benefits to be provided to the seafarer;
(i) the seafarer’s entitlement to repatriation;
(j) reference to the collective bargaining agreement, if applicable
50
If a crewmember works overtime what needs to happen?
They need to be paid as per their SEA/CBA
51
What is the difference between an SEA and Terms and conditions?
SEA is required by the MLC and sets out the high level aspects of the contract
T+Cs are more specific details
52
How often does the master need to do accomodation inspections?
Weekly
53
Who needs to do the weekly accomodation inspections?
The master of a ship, or a person authorised by the master, accompanied by one or more members of the crew (and galley member for the galley parts)
54
What would you check during an accomodation inspection?
All the accomodation
Spaces for storing / preparing food
Verify the required postings are posted
55
Where does the requirement for the weekly accomodation inspection come from?
The MLC SI - 374/2014
56
What are the topics of the ammendments to the MLC which are due to come into force in 2027?
Measures to prevent and address violence and harassment, in recruitment and placement processes
Measures to facilitate shore leave
More specific details on repatriation costs
Designating of seafarers as key workers
Provision of menstrual products
Medical Training and medical chests to be aligned with latest publications and practice
Measures to prevent and address violence and harassment onboard
Provision of appropriately sized PPE
Detained seafarers to be dealt with promptly
Measures to protect those who make complaints onboard
57
What do you do if a 2nd officer presents to sign on with no GENERIC ECDIS cert?
Cant sign him on
Contact company and get a new 2/O
No point attempting to get training as the generic course is a few days long
58
What do you do if a 2nd officer presents to sign on with no Type Specific ECDIS cert?
Immediately contact the company / a training provider to see if it can be completed before sailing (many manufactuers provide online training)
Consider raising a non-conformity or discussing the issue with the DPA - presenting a crewmember without the required documents is a serious issue
59
What is the difference between an ECDIS generic cert and an ECDIS type specific cert?
Generic - Covers the use of ECDIS in general onboard ship and is much longer
Type specific - Covers one make, model, and software version of ECIDS, is much shorter, can likely be done remote
60
What certs cover ECDIS generic training?
NARAS-O
IMO Model ECDIS course 1.27
61
Can you perform "Trickle-Down" training (i.e. one officer training another) to cover the requirements of ECDIS type specific training?
It depends on the flag state
Ireland specifically forbids it (M-notice 51/2011)
Bahamas allows it if there is a standardised documented process
Marshall islands specifcally says no type-specific cert is required
62
Can you sign on / can you sail with a 2/O who has not got a type specific ECDIS certificate that covers the equipment on your vessel? (Irish Flag)
No
Per M-notice 51/2011:
"Each navigation officer on board an ECDIS carrying vessel must hold documentary
evidence on board the vessel indicating that the type specific training has been
completed for the ECDIS equipment being carried"
63
In situations where you have a "night master" or "Staff Captain", alongside a regular rank of Master, do you have two masters onboard?
No
Per the merchant shipping act the master is the person, at that time, having the command of the vessel
So it can change, but only one of them would have command of the vessel at a given time.
64
As master, a crew member makes a complaint what should you do.
Attempt to find a resolution onboard
Allow them to follow the grievance procedure (i.e. the matter can be escalated if they are not happy with the resolution)
65
If an officer from another country joins your ship what will he have alongside his COC?
A certificate of equivalent competency (CEC)
66
Will an officer from another country who joins your ship always have a CEC? What if this is the first irish ship they have sailed on?
They might have a confirmation of receipt of application (CRA)
67
How long is a confirmation of receipt of application (CRA) valid for?
3 months
68
Could an officer from another country who is sailing onboard with a CRA have their application rejected and then need to be signed off?
No, the CRA indicates that the department has verified and accepted their COC as legitimate, they just need time to print the CEC
69
Can you sign on an officer from another country who doesn’t have a CEC or CRA?
No
70
You are a week into a voyage and you find an officer from another country has no CEC/CRA attached to his COC, what are your actions as master?
Immediately contact the MSO and try go get a CRA
Consider raising a non-conformity but for sure discuss the issue with the company/DPA - a crewmember without the required documents is a serious issue
71
Who long are crewmembers required to stay onboard as part of their Seafarers Employment agreement/contract?
Per the MLC they are entitled to be repatriated once their contract is finished per the contract length on their SEA
72
What do you do if you suspect a crewmember is drunk onboard?
Double check procedure in SMS (company may have specific documentation, notifcation or witness requirements)
Gather a witness (normally another senior officer)
Explain the process to the crewmember
Calibrate the breathalyser (if required)
Breathalyse the crewmember
If test if positive may need to perform several tests for confirmation
Make logbook entry / notifications
Disembark crewmember at next opportunity
73
With regards to MLC, what would be posted in a conspicuous area in the accommodation?
Onboard Grievance procedure
Certificate of financial security
Maritime labour certificate
Declaration of maritime labour compliance
Copy of latest MLC inspection report
Specific work schedule of the crew
74
What did your last company say about discipline onboard?
This will depend on your company but generally should mention:
Drug and Alchohol policy
Drugs or alchohol = no second chance
For incompetence, misbehaving, or not following procedures needs escalating response (coaching>conversation>verbal warning>written warning>dismissal)
Serious or intentional safety violations can lead to instant dismissal
75
Can a ship with more than ten crew sail without a cook?
No
76
Is the master required to sign the crew on the ships articles?
Yes, under the MSA 1894, the master must enter into an agreement with the crew
77
What conventions does the Minimum Safe Manning document come from?
SOLAS
78
What is a minimum safe manning document for?
Sets out the minimum amount of persons of specific ranks/qualification required to Safely run the ship.
79
What is the validity of a minnimum safe manning document?
Some flag states require it to be renewed, ireland does not.
It may be cancelled if there is a change to the ships:
(a) area of operation,
(b) machinery or equipment, or
(c) operation and maintenance
Or if the minister decides it isnt sufficient to safely run the ship (Merchant shipping act 2010)
80
What would you check on the minimum safe manning document and how would you know the officers are Competent?
Check the crew list ranks match the MSMD
Verify the officers/crew have the COCs which match their onboard rank
81
How would I know the ship was manned correctly?
Check the minimum safe manning document
Also check the records of work and rest, excessive non-conformities with the work and rest requirements may indicate not enough people onboard
82
What is the procedure for applying for Minimum Safe Manning Document?
The shipowner makes an assessment themselves taking into account the required people to run a ship
They submit the assessment to the flag state
Flag approves or disapproves
Any major changes to the ship and the shipowner should resubmit for a new one
83
Who issues the minimum safe manning document?
Flag
84
What is on a minimum safe manning document?
Name of Ship
Name of issuing body
Date
Details of ship
Trade and area
Number of required persons, split up by STCW qualification
85
How do you know everyone onboard has correct certs?
Check them against the minimum safe manning document
86
What does MLC allow seafarers to do?
Complain
87
What special certificates do officers need for working on a chemical tanker and oil tanker?
Crew - Basic Training for oil/gas operations
Officers - Advanced Training for oil/gas
88
3rd Officer has been injured and signed off. Can you sail without him?
Yes, if you have all the crew required per the minnimum safe manning certificate and there are no other issues (SMS etc).
If there are issues with the minnimum safe manning, then it depends
89
Can you sail without all the crew listed on the minimum safe manning certificate?
For certain ranks - flag might issue a dispensation to allow you to get to the next port
For Master, C/E, or radio operator - no
90
Will the flag state always issue a dispensation on the minimum safe manning cert if needed?
Not necessarily, if you're in a resonably accessable port they have no reason to
91
What are the 2 ranks and position where a minnimum safe manning dispensation will not be issued?
Master, Chief Engineer and Radio Operator
92
If your chief engineer is signed off in an emergency, can you just promote all the engineers up one rank (assuming they do have the required certificates)?
Legally, there is nothing to stop you.
However, this is a risky situation as you now have several people onboard sailing in ranks they have no experience with.
Also, your SMS / charterer / SIRE may have experience matrix requirements (i.e. c/e and 1/e must have at least 3 years seatime between them)
93
If the on-signing 2/O doesn’t have the required certs and can't sign on, what actions would you take as master?
Immediately contact the company for a proper replacement
Discuss with the onboard 2/o if they might be willing to stay on for another few days
i.e. you don’t necessarily have to immediately go down the route of minimum safe manning and dispensations
94
What records must be maintained under the MLC?
Records of work and rest
95
Who completes the records of work and rest?
Crew should fill in their own hours
Checked /signed by Master every month.
96
Who gets a copy of the records of work and rest?
The seafarer
97
How do you verify that each seafarer received a copy of their record of work and rest?
They will sign it
98
How do you record work and rest hours?
As on your last ship
99
If you suspected that a seafarers record of work and rest was not accurate, how could you check?
Cross check against the onboard logbooks / permits / posted work schedule
100
How would you deal with a chief engineer who was not accurately recording his work and rest hours?
In the same manner as any underperforming crew (escalating response)
101
So you have an issue with your crane it has to be fixed but your Bosun is going to violate his work and rest hours. Can the bosun keep working?
Yes, he can continue. He will record his hours make a note in work/rest app as to the reason why
102
Why do you need to accurately record hours of work/rest?
It is required by law
Accurate records will show if there are issues with the number of people onboard
It is relatively easy to compare logbooks and records and find falsified records
103
How would you know your crew are working the correct hours?
By checking their records of work and rest
104
How would you set a watchkeeping rota?
Verify how many people / what specific people are needed on each watch (check SMS)
Make up a record for each person on the rota and check their hours are compliant with the MLC requirements
Post the work schedule
105
What do you do if one or multiple crew members have been required to work over the hours limits set by the mlc?
As soon as possible knock off the crew who have gone over hours
Ensure it gets recorded
106
Can you sail if you have multiple crew over their hours?
There's no specific law that says "with x amount of people over hours you cannot sail"
You need to take into consideration the exact situation
Do you still meet the minimum safe manning cert if you were to knock off everyone who is over hours?
Could you safely conduct mooring / manevuering without the over hours guys?
Is the berth safe to stay at for an extended period?
Can you shift to a lay-by berth or anchorage?
Is it better to get out to deep sea and rest the next few days if its a long passage?
Ultimately it is a judgment call, but if its not safe, dont sail
107
How would you record a work & rest hours violation?
Indicate the reason it happened
108
You have a bunch of crew who sign on straight for the airport after travelling for 24+ hours, what is your concern and what will you do?
While travelling does not necessarily count as work, its not rest either and so the joining crew may be fatigued. If possible, give them a rest period as soon as they have completed the necessaries of signing on
109
You have joined a ship in and you have crewmembers on board who were due go home two months ago? What are your actions?
Contact manning and organise reliefs
110
What would you expect a crewman to do who has been left onboard past the end of his contract?
Follow the grievance procedure
111
How do you deal with underperforming crew?
The repsonse should escalate:
Check the person understands what is expected of them / the expected quality
Check the person has the resources to carry out what is expected of them (tools / time)
Coaching them to perform to a higher standard, provide constructive feedback
Have a conversation outlining your concerns with their performance
Give a verbal warning
Give a written warning
Dismiss them from the vessel
Serious or intentional safety violations should lead to instant dismissal
112
What are the Articles of Agreement?
The 1894 Act requires the master of every ship that proceeds to sea to enter into a written agreement with the crew, the articles are that agreement.
113
What are the basic points of the crews healthcare entitlements under the MLC?
It should be prompt and adequate
It should be free
Member state should give seafarers access to shore medical care
114
As master, what needs to be done with onsigning crew?
Check their certs
Provide familiarisation
Provide them with the grievance procedure
Sign them on the articles
115
How often do you test fresh water on board?
Engineers perform some daily checks
Weekly check by master during accomodation inspection
Full in depth test every 6 months
116
How do you test the drinking water onboard?
Daily - Engineers have test kit
Weekly - Visual / Smell / Test
6 Monthly - Sent ashore to laboratory
117
What level of Chlorine required in the water?
0.2 to 0.5 mg/L (ppm) at the tap
118
What are the dangerous contamenants in drinking water?
E. coli
Coliforms
Heterotrophic Plate Count (HPC)
Legionella
119
Why would you test the fresh water from a shower head?
Water can be stagnant in there
120
Where would you find out the level of Chlorine to be present in the onboard fresh water?
WHO Medical guideline
SCMG
SMS
121
Why is legionnaires disease a risk in shower heads?
The water is stagnant in there
122
Where can water stagnate?
Rarely used shower heads / faucets
In deck save-alls / Fishplates
Freshwater tank for sprinkler system
123
Things to be checked prior issue of maritime labour certificate/ what will you check prior to MLC survey?
Minimum age
Medical certification
Qualifications of seafarers
Seafarers’ employment agreements
Use of any licensed or certified or regulated private recruitment and placement service
Hours of work or rest
Manning levels for the ship Accommodation
On-board recreational facilities
Food and catering
Health and safety and accident prevention
On-board medical care
On-board complaint procedures
Payment of wages
Financial security for repatriation
Financial security relating to shipowners’ liability
Required Postings
124
Why is it important to check the contract length on someone's SEA when signing them on?
As he has the right to be repatriated at the end of the contract length stipulated
125
What is the cert called that includes the fresh water test results?
Ship Sanitation Certificate
126
What is the ILO?
International Labour organisation
127
Why is the shipowner vs ship manager discussed in the MLC?
The person/company who owns the title of the ship might have bareboat chartered it out and have little to do with the conditions onboard per the MLC titles
CMM
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