MLC

Question 1

MLC - Who does it apply to, when was it created and when did it come into force?

Answer 1

• The UK ratified MLC on the 7th of August 2013
• MLC Entered into force the 7th of August 2014
• Applicable to vessels >500GT - Must have certificate of compliance
• MLC Certificate is valid for 5 years subject to intermediate survey

See MIN 537

Question 2

What is MLC?

Answer 2

“The Maritime Labour Convention 2006 (MLC) is an international agreement of the International Labour Organization (‘ILO’), Which sets out seafarers’ rights to decent conditions of work. It is sometimes called the seafarers’ Bill of Rights’.

• “Fourth Pillar” in the international maritime regulatory regime as it exists alongside the key IMO conventions SOLAS, MARPOL and STCW
• Benchmark for decent living and working conditions for seafarers

Question 3

What does MLC do?

Answer 3

“It sets minimum requirements for nearly every aspect of working and living conditions for seafarers:

• including recruitment and placement practices
• conditions of employment
• hours of work and rest
• repatriation,
• annual leave,
• payment of wages,
• accommodation,
• recreational facilities,
• food and catering,
• health protection,
• occupational safety and health,
• medical care,
• onshore welfare services and social protection.”

Question 4

What does MLC look at?

Answer 4

1. Minimum Age
2. Medical Certification
3. Qualification of Seafarers
4. SEA’s
5. Recruitment or placement services
6. Hours of Work & Rest
7. Manning Levels
8. Accommodation & Recreational Facilities
9. Food & Catering
10. Health & Safety
11. Onboard Medical Care
12. Complaints Procedure
13. Payment of Wages
14. Injured Seafarers and Repatriation and care of the family

Enforced by MSN1848 in the UK - How the UK enforces the MLC Convention.

Question 5

What are the requirements for seafarers with regards to MLC?

Answer 5

1. All seafarers must be above the age of 16 years.
2. Valid training and competency certificates are available for all seafarers (STCW)
3. If a recruitment agency is used, this agency must be operated in accordance with the MLC.
4. Must be in accordance of minimum safe manning document
5. Must be adequate in number and qualifications to ensure the safety and security of the ship and crew.

Question 6

What is the minimum age for seafarers with regards to MLC, and what are their entitlements?

Answer 6

• Minimum age 16
• After every 4 hours must have a 30 minute break
• 12 Consecutive hours of rest per day - MSN 1838
• 2 days rest per week - can be reduced to 36 hours
• ENG1 Valid for 1 year only
• Add to young persons list; MSF 4158 (Noted) & MSF 4157 (Signed on)
• Risk assess all work for 16 to 18 year olds:
  
  • Nature of Task
    
    • Effects of Heat / Cold
    • Radiation / Vibration
    • Chemical Exposure
    • Moving Machinery
  • Building upon the Risk Assessment that has already been done for the activity, I would do an additional Risk Assessment for my young person, taking into account;
    
    • Nothing goes beyond their mental and physical capability;
    • Nothing beyond their experience level
    • Nothing beyond their undeveloped perception of risk assessment - injury prevention - Do not expose them to anything that is harmful to the developing body

Question 7

What seafarers rights does the MLC uphold?

Answer 7

1. Right to Safe Working Environment
2. Right to Decent Working and Living Conditions
3. Right to Basic Health and Social Security
4. Right to fair terms of Employment - SEA, Complaints procedure etc.

Question 8

Outline the contents of a seafarers employment agreement (SEA)

MGN 477 - Maritime Labour Convention, 2006: Seafarers’ Employment Agreements - Template for seafarers employment agreement (Must be approved by flag state)

Answer 8

• Personal details of Seafarer
• Company details
• Place and date of start
• Capacity of Seafarer
• Medical Protection
• Repatriation
• Wages and Leave Rate
• Disciplinary Procedures
• Collective Bargaining if valid
• The SEA must be signed by the seafarer and the ship-owner or his representative.
• Copies must be available onboard
• English translation must be available onboard
• The SEA must comply with MLC regulations
• Early termination giving 7 days notice
• Right to terminate for compassionate reasons

Retention of crew agreement MGN474 for vessels not subject to MLC
- Crew that do not new seas, supernumeries, people who are not employed by the ship. Master would have a contract of employment.

Question 9

What is the criteria for an ENG1 Medical Certificate?

Answer 9

• Certificate issued by a qualified medical practitioner
• Valid for no more than 2 years
• Be in English
• Provide details of hearing, sight and color vision - Color vision tested at least once every six years
• Include a statement that the seafarer is fit for duties
• Foreign Medical carts - Check MSN 1815
• In emergency seafarers may join with expired cert (1 month) Provided the previous cert was full full term

Question 10

What are the Hours of Work and Rest as per MLC? MSN - 1868 - UK requirements for Safe Manning and Watchkeeping MGN 566 - STCW Manila Amendments: Medical Certification, Hours of Work and Alcohol limits

Answer 10

• 77 hours total per week
• Minimum 10 hours rest in a 24 hour period (Can be split into a maximum of two periods, one must be a minimum of six consecutive hours)
• Records kept for all crew
• Hours of work can be exceed in exceptional circumstances and by exception (See MGN566)
• Table of shipboard hours of work for all positions
• Accurate records of actual hours worked for each seafarer signed by master
• Normal work hours based on 8 hours per day, with one rest day per week
• Rest period as per Manila amendments (See MGN 566)
• Records of exemptions permitted by flag state
• Musters and LSA/FFE drills are held at times to minimize rest disturbance
• Compensatory rest for call outs (Engineers)

Question 11

What are the accommodation standards as per MLC?
Schedule 1 from MSN 1848

Answer 11

• Must comply if keel laid after 20th of August 2013
• Arrangement plans displayed
• Record of Masters inspections
  
  • Seafarers cabins:
    
    • Hot + Cold running water
    • bedding clean + hygienic
    • heating / A/C + adequate natural light.
    • Sanitary facilities accessible and working
    • Laundry facilities in good working order
    • Noise and Vibration within flag state limits

Question 12

What are the food and catering standards as per MLC?

Answer 12

MGN 525 - Guidelines for the provision of Food and Fresh Water, Amendment 1

• Food Hygiene Level 2 course for anybody preparing / handling food
• The galley is clean and hygienic, including storage areas.
• Galley and Store inspections not less than once per week
• Food should be of good quality and quantity
  
  • a balance of carbohydrate, protein, fat, fiber and vitamins. - Control of sugar, salt and fat intake
  • Hot food kept above 63*C & cold below 5*C
  • Fresh water system - Refilled every 6 months, tanks inspected / maintained every 12 months - Considered good practice for chlorine dosing at 0.2mg / liter
  • Food and drinking water is free of charge
  • The cook is over 18 years of age and qualified (ships cook cert)
  • Ships less than 10 crew do not require a cook

Question 13

What are the Health and Safety Standards as per MLC?

Answer 13

Health and Safety at Work 1997 - Occupational Health and Safety Policy

• Safety Committee meetings (Every 4 to 6 weeks)
• Onboard training and familiarization
• PPE is available, appropriate and in-date
• Work place inspections
• Safety officers quarterly inspections “sampling”
• Risk assessments - Safe Access - Safe Movement - Safety signs and signals - PUWER Regs - LOLER Regs
• Permits to work (Aloft, Over the side, enclosed space entry, servicing of passenger lifts, diving + any task that is outside the envelope of the SMS and does not have a risk assesement)

Question 14

What are the onboard Medical care standards as per MLC?

Answer 14

MSN 1768

• Ships Medical Stores, Store List
• Controlled drugs with register
• Medical publications onboard (Ship captains medical guide)
• Medical log of treatment given
• Medical care including essential dental care is available and free of charge
• Ships hospital is clean and hygienic - For medical use only
• Medical equipment and supplies are to flag state’s requirement
  
  • CAT A - Deep Sea Vessels
  • CAT B - 150 nm from shore
  • CAT C - Harbour Vessels

Question 15

What are the leave and repatriation entitlements for seafarers under MLC?

Answer 15

• Minimum annual leave with pay based on 2.5 days accrued per month served.
• Additional 8 days bank holiday allowance
• Flag states provision for repatriation are onboard
  
  • Repatriation after:
    
    • Maximum 12 months onboard
    • As stated in the SEA
    • After termination for justified reason
    • Illness or injury - Repatriation costs covered by ship-owner

Question 16

What must be in place with regards to the onboard complaints procedure?

Answer 16

• Ship owner to put onboard complaints procedure in accordance with MSN 1849
• Seafarers must have access and be provided with a copy
• Complaints logged onboard
• Complaints handled in a timely, fair and effective manner
• Contact details available for flag state & DPA

Question 17

Seafarers payment of Wages per MLC

Answer 17

MSA 1995 / MGN 478

• Paid regularly not exceeding monthly
• Wages in accordance with SEA
• Individual monthly statement showing authorized deductions
• Seafarers must have right to make Allotments
• Reasonable charges for Allotments and exchange rates
• No unauthorized deductions - travel, food etc (More than 100GBP)

Question 18

What is MLC Title 1?

Answer 18

Minimum Requirements for Seafarers to Work on a ship

1. Minimum age requirements: minimum age is 16 years (18 for night work and work in hazardous areas)
2. Medical Fitness: workers should be medically fit for the duties they are performing. Countries should issue medical certificates as defined in the STCW (or use a similar standard)
3. Training: Seafarers should be trained for duties as well as have had personal safety training.
4. Recruitment / Placement services: Located in member states or for ships flying the flag of member states should (amongst others) proper placement procedures, registration, complaints procedures and compensation if the recruitment fails.

Question 19

What is MLC Title 2

Answer 19

Condition of Employment

1. List of conditions of the contract and payment, as well as the working conditions on ships

2. Contracts: the contract should be:

• Clear, legally enforceable
• Incorporate collective bargaining agreements (if existent (Unions)

3. Rest Hours:

• Rest hours should be implemented in national legislation.
• The maximum hours of work in that legislation should not exceed 14 hour in any 24-hours period and 77-hours in any seven-day period, or at least ten hours of rest in any 24-hour period and 77 hours (rest) in any seven-day period.
• Furthermore, the daily hours of rest may not be divided into more than two periods and, at least six hours of rest should be given consecutively in one of those two period.

4. Leave:

• Seafarers have a right to annual leave as well as shore leave.

5. Repatriation:

• Returning to their country residence should be free
• Loss: If a ship if lost or foundered, the seafarers have a right to unemployment payments.

6. Manning: Every ship should have a sufficient manning level

Question 20

What is MLC Title 3?

Answer 20

Accommodation, Recreational Facilities, Food & Catering

1. Accommodation:

• Accommodation for living and / or working should be “promoting the seafarers’ health and well-being”.
• Detailed provisions (in rules and guidelines) give minimum requirements various type room (mess rooms, recreational rooms, dorms etc)
• Food and Catering: Both food quality and quantity, including water should be regulated in the flag state.
  
  • Furthermore, cooks should have proper training.

Question 21

What is MLC Title 4

Answer 21

Health Protection, Medical Care, Welfare & Social Security Protection

• Medical Care onboard ship and ashore
  
  • Seafarer should be covered for and have access to medical care while onboard; in principle at no cost and of a quality comparable to the standards of health care onshore.
  • Countries through which territory a ship is passing should guarantee treatment onshore in serious cases.
• Shipowners Liability
  
  • Seafarers should be protected from the financial effects of “sickness, injury or death occurring in connection with their employment”
  • This includes at least 16 weeks of payment of wages after start of sickness.
  • Health and Safety Protection and Accident prevention:
    
    • A safe and hygienic environment should be provided to seafarers both during working and resting hours and measure should be taken to take reasonable safety measures.
    • Access to shore-based welfare facilities
    • Port states should provide ‘welfare, cultural, recreational and information facilities and services’ and provide easy access to these services. The access to these facilities should be open to all seafarers irrespective of race, sex, religion or political opinion
    • Social Security: Social security coverage should be available to seafarers. (And incase it is customary in the flag state: their relatives)

Question 22

What is MLC Title 5?

Answer 22

Compliance and Enforcement Title 5 sets standards to ensure compliance with the convention.

• The title distinguishes requirements for flag states and port states. - Flag states: Flag states (the states under which flag the ship operates) are responsible for ensuring implementation of the rules on the ships that fly its flag.
• Detailed inspections result in the issue of a “Certificate of Maritime Compliance”, which should always be present (and valid) on a ship.
• Ships are required to have decent complaints procedures in place for its crew and should institute investigations incase of casualties.
• Port State: The inspection in port depends on whether a certificate of Maritime compliance is present (and thus a flag is flown of a country which has ratified the convention.)
• If the certificate is present, compliance is to be assumed in principle, and further investigations only trace place if the certificate is not in order or there are indications of non-compliance.
• For ships that don’t have the certificate inspections are much more detailed and should ensure - according to a “no more favorable treatment principle” that the ship complied with the provision of the convention.
• The convention thus - indirectly - also valid for ships of non-member countries if they plan to call ports of a member state. -
• Labour agencies: Agencies supplying maritime workers to ships should also be inspected to ensure that they apply the convention (amongst other the regulations regarding to social security).

Question 23

What are declarations Part 1 and 2 of MLC?

Answer 23

Declaration Part 1: How a flag state requires you to comply with MLC - MSN’s MGN’s and statutory Instruments

Declaration Part 2: How the management companies comply with Part 1 Look at MIN 537(M)

Question 24

What is the LY3 Code?

Answer 24

• The code sets required standards of safety and pollution prevention which are appropriate to the size of the vessel. The standards applied are either set by the relevant international conventions or equivalent standards where it is not reasonable or practicable to comply.
• ” The UK’s way of ensuring vessels over 24 meters that do not carry passengers, yachts. Making sure they are meeting the international standards”
• Similar to the “Work boat code / Brown” or if under 24 meters the small boats code.
• A way for british flagged vessels such as yachts to comply with international standards, appropraite to the size of the vessel.
• LY3 replaces LY2, Changes such as guidance for:
  
  • Carriage of submersibles,
  • Polar operations,
  • Crew accomodation standards
  • Racing operations (sail boats)
  • Passenger Lifts
  • Rescue boat locations
  • Underwater light fittings
  • Galley Fire protection
  • Trackways for work over the side (Replaced MGN 422) LY3 is a MSN - Statutory Instrument
  • Inclusion of emergency towing plans
  • BNWAS
  • LRIT
  • Lifejacket sizes
  • Marpol Updates

It is a national code to ensure the fleet is complying with the international requirements.