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Rick Ferraro
Client Training Manager Business Development Manager Lloyds Register Americas
The ILO Maritime Labour Convention, 2006 (MLC 2006) What we will cover today:
Introduction to the MLC, 2006 Objectives Some key characteristics Resolutions When will the MLC, 2006 be implemented? A summary of the requirements and recommendations contained in the MLC, 2006 Practical implementation Scope of inspection Plan Approval for new ships Action Plan for owners preparing for inspections Lloyds Registers Voluntary Assessment Programme
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To ensure that governments and ship owners are committed to establishing decent working and living conditions for seafarers.
(Defines the TRIPARTITE roles and responsibilities Ship Owners, Mariner & FS, PS)
and importantly
To put control and enforcement mechanisms in place to ensure there is a level playing field.
(Certification scheme - MLC)
The causes of fatigue Occupational health and safety Recruitment Working and living conditions Crew retention and motivation Thus improving the safety and the status of shipping
Promotes a flexible approach to implementation through national substantial equivalences, alternatives and exemptions thus promoting early ratification by ILO Member States.
means any person who is employed or engaged or works in any capacity on board a ship to which this Convention applies; (1.2 million seafarers)
* There are no exemptions: Master, hotel staff etc.
Resolution 7 Annex
(maintenance crew, officer cadets, etc. different national interpretations of seafarer ?)
Tonnage Limits are specifically stated in each individual title of the Convention International Voyages not mentioned unless specifically stated in each individual title of the Convention
Title 1
Title 1 addresses the minimum requirements for seafarers to on a ship. 1. 2. 3. 4. Minimum Age Medical Certificates Training and qualifications Recruitment and placement work
Checklist
Title 2
Title 2 addresses the conditions of employment for seafarers. 1. 2. 3. 4. 5. 6. 7. 8. Seafarers employment agreements Wages Hours of work and hours of rest Entitlement to leave Repatriation Seafarer compensation for the ships loss or foundering Manning levels Career and skill development and opportunities for seafarers employment
Title 3
Title 3 addresses
1. Accommodation, recreational facilities a) New Ship vs. Existing Ship requirements (construction and equipment) b) Existing ships - status of existing ILO maritime conventions when the MLC 2006 comes into force. (C92, C133) c) Title 3 consolidates and modernises existing ILO convention requirements - (noise and vibration) d) Flexibility through national substantial equivalences, exemptions, alternative arrangements b) Owners inspections 2. Food and catering - quantity, quality, cultural differences, - qualifications of cooks preparing food
Title 3: (continued)
A3.1 Paragraph 4 The Competent Authority shall pay particular attention to: The size of rooms and other accommodation spaces Heating and ventilation Noise and vibration and other ambient factors - Exposure to noise B4.3.2 - Exposure to vibration B4.3.3 Sanitary facilities Lighting Hospital accommodation - These will be important inspection items by PSC - The importance of taking into account national requirements - Plan approval issues
The ILO Maritime Labour Convention, 2006
LLOYDS REGISTER
Plan Approval issues (new ships) Flag State Guidelines on the issue of plan approval? Change of Flag? - Can result in different specifications depending on what ILO Convention the flag state ratified (C 133, C 92 ??) DMLC Part I Flag states need to prepare guidelines When will they be done?
Title 4
Title 4 addresses:
1. Medical care on board ship and ashore
(medical and essential dental, medicines, equipment, on board facilities, guidelines, training and communications, access to shore based medical facilities)
Title 4 (continued)
and 2. Ship owners liability
(compensation for sickness, injury, death in service; medical care costs, payment of wages during sickness/injury)
2.
- The inspection of its own national flagged vessels in port - To enforce the new Convention standards on foreign flagged ships under the no more favourable treatment requirement of the Convention - For having procedures for handling seafarers complaints made on shore
3.
Title 5 (continued)
Seafarers Complaints: Regulation 5.1.5 Ships are required to have on board procedures for the fair, effective and prompt handling of seafarers complaints alleging breaches of the requirements of the Convention (including seafarers rights). A5.1.5 paragraph 2 and A5.2.2 Seafarers have the right to complain directly to the master and, where they consider it necessary, to an appropriate external authorities. Any complaint procedure used has to ensure confidentiality and safeguard against possible victimisation of the seafarer ILO will use deficiencies, detentions and seafarers complaints as a measure of the effectiveness and success of the MLC, 2006.
* Ships below 500grt, or ships operating on a domestic trade still need to be inspected against the requirements of the Convention but do not need to be certified
Inspection
Maritime Labour Certificate (MLC) (5 year MLC with intermediate full inspection during years 2-3)
The ILO Maritime Labour Convention, 2006
LLOYDS REGISTER
Summary
1. The new ILO Convention is broad in its content and very complex in its detail and implementation 2. There may not be a level playing field
3. National requirements through substantial equivalences and exemptions will apply to existing ships as well as new ships
4. The implementation of the new ILO Convention may come earlier than 2012 5. Ships staff awareness of the convention requirements is extremely important 6. Managing seafarers complaints the importance of having good on board complaint procedures
Summary
The new ILO Convention addresses issues associated with: The causes of fatigue Occupational health and safety Recruitment Working and living conditions Help crew retention and motivation
www.lr.org Rick.Ferraro@lr.org
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