The ILO Maritime Labour Convention, 2006 - Master · PDF fileThe ILO Maritime Labour...

The ILO Maritime Labour Convention, 2006

The ILO Maritime Labour

Convention, 2006

Rick Ferraro

Client Training Manager

Business Development Manager

Lloyd‟s Register Americas

The ILO Maritime Labour Convention, 2006LLOYD‟S REGISTER

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

– Lloyd‟s Register‟s Voluntary Assessment Programme


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)


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


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


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.



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‟ ?)



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


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)

• ILO‟s 5 year Action Plan

- Ratification 2011

- Implementation 2012


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 don‟t 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)


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


Title 1

Title 1 addresses the minimum requirements for seafarers to work

on a ship.

1. Minimum Age

2. Medical Certificates

3. Training and qualifications

4. Recruitment and placement

Checklist


Title 2

Title 2 addresses the conditions of employment for seafarers.

1. Seafarers‟ employment agreements

2. Wages

3. Hours of work and hours of rest

4. Entitlement to leave

5. Repatriation

6. Seafarer compensation for the ship‟s loss or foundering

7. Manning levels

8. Career and skill development and opportunities for seafarers‟

employment

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


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) Owner‟s 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


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?


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)

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


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


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 seafarer‟s complaints as a measure of the effectiveness and success of the MLC, 2006.


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


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)


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


Action Plan - For Vessel Owners

• Inspections against ILO C92 and ILO C133 – For Existing Vessels

• Master‟s regular inspections of his ship

• On board MLC, 2006 „Manual‟ - (DMLC)

• Ship‟s 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


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)

– Lloyd’s 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.


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. Ship‟s 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

Thus improving the safety and the status of shipping

• Lloyd‟s Register‟s MLC, 2006 related services

− Voluntary Assessment Programme - Check Sheets

− International programme of workshops, training, seminars

− Additional support and information

www.lr.org

[email protected] Mobile 832.496.6031

http://www.lr.org/

mailto:[email protected]

The ILO Maritime Labour Convention, 2006 - Master · PDF fileThe ILO Maritime Labour...

Documents

Transcript of The ILO Maritime Labour Convention, 2006 - Master · PDF fileThe ILO Maritime Labour...