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The ILO Maritime Labour Convention, 2006

Rick Ferraro
Client Training Manager Business Development Manager Lloyds Register Americas

The ILO Maritime Labour Convention, 2006

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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Overall objectives of the Maritime Labour Convention (MLC) 2006


To establish decent working and living conditions for all seafarers worldwide.
(1.2 million seafarers, estimated 69,000 ships 16 % Unionized)

plus

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)

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Objectives of the Maritime Labour Convention, 2006


To set minimum standards to address the health, safety and welfare of seafarers in areas such as:
Conditions of employment Accommodations Recreational facilities Food and catering Health protection Medical care Welfare and social protection issues

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Objectives of the Maritime Labour Convention, 2006 (continued)


These minimum standards are intended to address issues such as:

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

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Key Characteristics of the Maritime Labour Convention, 2006


Consolidates and updates 68 existing ILO instruments (Bill of Rights for Seafarers the 4th Pillar of Maritime Legislation)

Promotes a flexible approach to implementation through national substantial equivalences, alternatives and exemptions thus promoting early ratification by ILO Member States.

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Key Characteristics of the Maritime Labour Convention, 2006 (continued)


Definition of seafarer
seafarer

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 ?)

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Key Characteristics of the Maritime Labour Convention, 2006 (continued)


Broadly defines ship ship The Convention applies to all ships, whether publicly or privately owned, ordinarily engaged in commercial activities, other than ships:
which navigate exclusively in inland waters or waters within, or closely adjacent to, sheltered waters or areas where port regulations apply engaged in fishing or in similar pursuits ships of traditional build such as dhows and junks warships or naval auxiliaries.

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

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When will the Convention be ratified and implemented?


Ratification requirements

- 30 Member countries, representing 33% of the total world gross tonnage


- MLC, 2006 will come into force 12 months after ratification (Resolution 17) ILOs 5 year Action Plan - Ratification 2011 - Implementation 2012

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What else will occur as we run up to ratification and implementation?


Liberia, Marshall Islands, Bahamas, Panama, Norway and a few others have ratified the Convention Some Member States have informally indicated their intent to ratify Many states dont want to appear to not care thus they ratify EU initiatives? (Instruction to be issued December 2010 ) EU Draft Directive Tripartite Groups www.ilo.org - Guidelines for Flag State Inspection (Resolution 13) - Guidelines for Port State Control (Resolution 4)

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Regulations and the Code


The Regulations and the Code are organised into 5 areas called Titles: Title 1: Minimum requirements for seafarers to work on a ship Title 2: Conditions of employment Title 3: Accommodation, recreational facilities, food and catering Title 4: Health protection, medical care, welfare and social security protection Title 5: Compliance and enforcement - certification

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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

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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

A number of issues in this Title are very critical inspection items!

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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

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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
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Title 3: Accommodations (continued)

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?

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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)

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Title 4 (continued)
and 2. Ship owners liability
(compensation for sickness, injury, death in service; medical care costs, payment of wages during sickness/injury)

3. Health and safety protection and accident prevention


(procedures, policies, safety meetings, safety equipment and training, exposure to noise and vibration etc)

4. Access to shore-based welfare facilities

5. Social security (minimum of 3 of the 9 items - A4.5 (2))


Medical care, Sickness benefit, Old-age benefit, Employment injury, Family benefit, Invalidity
benefit and Survivors benefit

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Title 5 Compliance and enforcement


Title 5 addresses the following issues: 1. Flag State responsibilities
- To define the national Flag State requirements - The Inspection and Certification of vessels against the new Convention and national requirements - Authorisation of recognised organisations - For having procedures for handling seafarers complaints

2.

Port State responsibilities

- 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.

Labour supplying responsibilities

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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.

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Title 5 - The certification process


Regulation 5.1.3 Declaration of Maritime Labour Compliance (DMLC) and.. Maritime Labour Certificate and Applies to ships of: (a) 500 gross tonnage or over, engaged in international voyages; and (b) 500 gross tonnage or over, flying the flag of a Member and operating from a port, or between ports, in another country.

* 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

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The certification process - Title 5 (continued)


Declaration of maritime labour compliance (DMLC)
Part I shall be drawn up by the competent authority which shall:
identify the list of matters to be inspected identify the national requirements to be complied with record any substantially equivalent provisions and exemptions granted by the competent authority

Part II shall be drawn up by the ship owner and shall identify:


the measures to ensure continuous improvement and ongoing compliance with the national requirements specified in Part I Part II shall be certified by the competent authority

Inspection

Maritime Labour Certificate (MLC) (5 year MLC with intermediate full inspection during years 2-3)
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Scope of Inspection (continued)


Appendix A5-1 (same as the DMLC Part I and DMLC Part II)
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 protection On board medical care On board complaint procedures Payment of wages

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Action Plan - For Vessel Owners


Inspections against ILO C92 and ILO C133 For Existing Vessels Masters regular inspections of his ship On board MLC, 2006 Manual - (DMLC) Ships staff awareness of MLC, 2006 requirements Development of comprehensive on board complaint procedures Training in complaint handling on board ships The Master to be able to undertake wage calculations

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Some observations from LR work


The MLC, 2006 inspection is primarily about labour related issues and therefore requires a new breed of inspector (FS and PS) Lloyds Register will use maritime labour inspectors. Ship owners of multi-flagged fleets will have to work hard to coordinate the diversity of national requirements and substantial equivalences and exemptions found in different DMLC Part I. The objectives of an ILO inspection are very different from those objectives of an ISM audit LR has recognised the immediate importance for owners to prepare early for the MLC, 2006. On a bulk carrier with 16 crew inspection time, even with a sampling approach, typically 9 10 hours.

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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

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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

Thus improving the safety and the status of shipping


Lloyds Registers MLC, 2006 related services Voluntary Assessment Programme - Check Sheets International programme of workshops, training, seminars Additional support and information

www.lr.org Rick.Ferraro@lr.org

Mobile 832.496.6031

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