06 Ensuring Occupational Health & Safety for Overseas Filipino Seafarers - Dr. Virgel C. Binghay

8/14/2019 06 Ensuring Occupational Health & Safety for Overseas Filipino Seafarers - Dr. Virgel C. Binghay

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Virgel C. Binghay,Ph.D. 1

ENSURING OCCUPATIONALHEALTH & SAFETY FOR OVERSEAS

FILIPINO SEAFARERS

By:

Dr. Virgel C. Binghay

School of Labor & Industrial Relations

University of the PhilippinesE-mail: [email protected]


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INTRODUCTION

The ship is one of the most dangerousworkplaces with high mortality rate.

Philippines dominates seafaringoccupation. Filipino seafarers account foraround 20 percent of the worlds total

supply of seafarers onboard.


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The worlds maritime industry continues to

rely on Filipino seafarers to handle 3D(dirty, dangerous, demeaning) jobsonboard foreign vessels.


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Filipino seamen also make a substantialcontribution to the Philippine economy.

This scenario provides the basis for thispresentation to reiterate the need for sincereenforcement of occupational health and safetymeasures and guidelines by employers andgovernments to ensure better working conditionsfor all seafarers in the world.


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THE PHILIPPINE LABOR MARKETCONTEXT

The Philippines labor surplus economy is

one key push factor behind the growth of

the number of seafarers, and OFWs aswell.


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A huge population and high annualpopulation growth rate added sizeableincrease in job seekers yearly, while jobcreation has not kept pace.


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The growth of seafaring labor force istriggered mainly by global demand.

Domestic shipping may have contributedto its development, but the recruitment ofseafarers in the global market progressedrapidly in the past three decades.


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In this light, the requirements of thecompetitive global shipping industryprincipally shaped policy for the crewingindustry, maritime schools andgovernment agencies.


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PROTECTION OF SEAFARERS

The legal rights of Filipino seafarers comefrom two primary sources:

The law

The employment contract


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THE LAW1. Philippine Constitution of 1987

mandates the State to afford protection tolabor, local and overseas, organized andunorganized, and promote full employmentopportunities for all.


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2. Philippine Labor Code of 1974

mandates the State to afford

protection to labor, local and overseas,organized and unorganized, and

promote full employment opportunities

for all.


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3. Philippine Republic Act 8042(Migrant Workers and Overseas

Filipino Act of 1995)

provides policy thrusts such as theguarantee of migrant workers rights


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Standard Terms and Conditions Governingthe Employment of Filipino Seafarers On-

Board Ocean-Going Vessels (POEA):1. To faithfully comply with the stipulated terms and

conditions of this contract.

2. To make operational on board the vessel the grievance

machinery provided in this contract.

3. To provide a seaworthy vessel for the seafarer and takeall reasonable precautions to prevent accident and injury

to the crew.

4. To observe the Code of Ethics for Seafarers and conducthimself in the traditional decorum of a master.


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With these policy statements, it can bediscerned that a safer and healthier workenvironment has long been recognized as a

major factor for the protection of maritimeworkers rights. However, in as much as the

State has indeed come up with commendablepolicies, there is also a widespread recognition

of the need to build capacity and sincerity toimplement, and to fund programs envisioned byall these policies.


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SITUATION OF FILIPINOSEAFARERS

Seafarers are fixed term contractualemployees 12 months

Trilateral employment relationship localrecruiting agency (i.e., crewing or manningagency), the foreign ship owner, and thecrew.


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Long & Tedious Job Search

The ordeal of a Filipino seaman startseven while he is still looking for job on thehigh seas during the job search period.


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Average job search period 7.2 months

Average length of seafarers employmentcontract 9.9 moths

This means that seafarers spent about thesame time looking for a job as they spentworking on board


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Unscrupulous Recruitment Agencies

Asking applicants huge amount of moneyin order to get a break in seafaringoccupation

Manning agencies using the newgraduates to work without pay for as long

as one year in exchange of the chance toget their first work experience on boardship.


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Trainees made to pay training fees though they

are not assured of job after training

Manning agency asking seaman to sign adocument stating that he owe the agency acertain amount of money and this is done whenhe is already at the airport so as not to give theseaman option but to sign on the document.


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Seafarers complain about expensive, time-consuming, overlapping procedures, aswell as red tape in the processing of

papers

Employment aboard ocean-going shipinevitably subjects the worker to rigorousisolation and confinement.


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Isolation & Negative WorkSituationRigorous isolation & confinement

Ship not only of work for him/her but also ahome

Regimented life throughout employmentperiod

Subject to the command & whims of the

master of the shipAt the mercy of the perils & danger of the

high seas


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Discrimination, Abuse, Maltreatment &Unfair Labor Practices

Blacklisting

Lowering of Benefits

Longer Working Hours

Health & Safety Risks


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Causes of Death

Maritime disasters (such as capsizings &sinkings)

PiratesWar areasDrowning & hypothermia Violence Suffocation

ContusionDisappearance from ship voyage Back strains


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Risk of cancer

Cardiovascular diseases

Malaria infections

Sexually transmitted diseases

Acute diseases & serious injuries

C t i l P i i f th


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Controversial Provisions of theNew Standard Employment

Contract

An injured or sick seafarer, or his/her heirs(if the seafarer dies), can claim only if hisinjury, illness, or death have beenthoroughly proven to be work-related.


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Seafarers quit claims and full disclosure of

a seamans medical history

Once seafarers or their families claimdeath and disability, they can no longer filedamages for negligence or torts casesagainst a foreign ship


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Competition & Lowering ofBenefits

International ships have begun recruitingmore seafarers from other countries ---mariners who are at par with Filipinos interms of skills, but are willing to acceptlower wages.


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Filipino seamen are being asked to tradeoff some of some of their benefits toremain in demand in the industry


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CONCLUSIONS:

Enforcement of legislations aiming toprotect the rights of our migrant workers,particularly our overseas Filipinoseafarers, is in no way at par with theireconomic contribution to the Philippines


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Two main factors why the assurance ofoccupational health and safety remains elusiveFilipino seafarers.

- the lack of interest on the part of theemployers/ ship owners to fully enforceoccupational health and safety measures for

seafarers especially that an effective health andsafety management entails a considerableeconomic costs to ship owners.


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- lack of political will both from receivingand sending countries to adopt concertedand more assertive actions to address the

problems related to ensuring a safer andhealthier work environment for sea-basedworkers.


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RECOMMENDATIONS:

There is a need to revise existing lawsgreatly affecting sea-based workers,primarily the Migrant Workers Act, since

that said Act mainly addresses land-basedjobs and any support for the overseasseafarers is stipulated only in the

affirmation of very general principles asFilipinos deserving protection from theState.


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There is a need to streamline operationsand services for seafarers andconsequently, a need to rationalize

government agencies involved withseafarers education and training,

certification, labor market regulation,

employment processing, protection andwelfare.


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There is a need to evaluate how theseafaring educational system of thecountry may be improved to adequately

prepare Filipino seamen for the future jobsat sea.


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Maritime schools and shipping firms/employers are encouraged to look at thepossibility of investing on the preparation

of seafarers for life and work withmultinational crews to develop teamwork,good rapport, effective communication,

and good decision-making in criticalsituations to prevent maritime disastersand work-related accidents.


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Strengthen social dialogues among majorstakeholders such as the seafarers group,shipping firms, and governments of

receiving and sending countries, and otherstakeholders such as crewing agencies,seafarer unions, maritime schools, andinternational labor and multilateral

organizations, with regards to upgradingthe industry, promoting seafarers welfare,and decent work on board ships.


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The incoming President of the Philippinesmust seriously look into plights of theoverseas Filipino seafarers.


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No society

can ever claim to be civilized

if it does not show

honest concernfor the

health & safety

of its workforce.

- Cox & Cox


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References

Amante, Mragtas S.V. (2005). Philippine Global

Seafarers: Ethnicity & Identity in Ships withMultinational Crews. MINDA Vol. 2 No. 2.[htt://www.philjol.info/index.php/MINDA/article/vie

w/1276/1161 date accessed: January 25, 2010]


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Binghay, Virgel C. (2009). TalentManagement, Migration & Globalization.VCB Research & Publications.


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THANK YOU!

06 Ensuring Occupational Health & Safety for Overseas Filipino Seafarers - Dr. Virgel C. Binghay

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