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BUREAU VERITAS MARINE DIVISION

Ships in Service Management (DNS) Maritime Labour Department

Preparing for Maritime Labour Convention, 2006 Inspections

THIS DOCUMENT IS THE PROPERTY OF BUREAU VERITAS WHICH IS THE ONLY PARTY AUTHORIZED TO REPRODUCE AND DISTRIBUTE IT.

UPON REQUEST THE PRESENT COPY WILL HAVE TO BE RETURNED TO BUREAU VERITAS

March 2012

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Preparing for MLC, 2006 Inspection handbook is intended to help anyone involved in the Maritime Labour Convention, 2006 ship inspection process. As such, it is no more than a guide and its purpose is not to replace the requirements of the Convention itself nor the applicable Guideline and regulations established by the International Labour Organization (ILO), Flag State Competent Authority or Bureau Veritas quality procedures and instructions. The content is limited to referential information that may be found useful during the preparation and the course of inspections, where access to more complete documents may be difficult. It must be also remembered that the Maritime Labour Convention, 2006, is a statutory matter, as such, the Society cannot grant any exemptions, exceptions, determinations etc. The responsibility for that lays on the Competent Authorities of the Member States which can delegate some tasks to Recognized Organizations.

Refer to the Marine Division General Conditions

This handbook is published to provide practical information as guidance. However the inclusion of many extracts and quotes, from the Convention itself, the Resolutions adopted or Guideline published by the ILO or national declarations made by Competent Authorities is unavoidable. These documents are subject to revision. Therefore, a space for notes and modifications has been added at the beginning of each section, where changes or additional notes can be written down in order to adapt this guidance for personal use. At the beginning of each section, there is a non-exhaustive list of useful references giving sources for further reading. Any suggestions for inclusion in the future version of this booklet are welcome. Contact DNS – Maritime Labour Department: DNS_MLD@bureauveritas.com

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MARINE DIVISION GENERAL CONDITIONS ARTICLE 1

1.1. - BUREAU VERITAS is a Society the purpose of whose Marine Division (the “Society”) is the classification (“Classification”) of any ship or vessel or structure of any type or part of it or system therein collectively hereinafter referred to as a “Unit” whether linked to shore, river bed or sea bed or not, whether operated or located at sea or in inland waters or partly on land, including submarines, hovercrafts, drilling rigs, offshore installations of any type and of any purpose, their related and ancillary equipment, subsea or not, such as well head and pipelines, mooring legs and mooring points or otherwise as decided by the Society. The Society: prepares and publishes Rules for classification, Guidance Notes and other documents (“Rules”); issues Certificates, Attestations and Reports following its interventions (“Certificates”); publishes Registers.

1.2. - The Society also participates in the application of National and International Regulations or Standards, in particular by delegation from different Governments. Those activities are hereafter collectively referred to as “Certification”.

1.3. - The Society can also provide services related to Classification and Certification such as ship and company safety management certification; ship and port security certification, training activities; all activities and duties incidental thereto such as documentation on any supporting means, software, instrumentation, measurements, tests and trials on board.

1.4. - The interventions mentioned in 1.1., 1.2. and 1.3. are referred to as “Services”. The party and/or its representative requesting the services is hereinafter referred to as the “Client”. The Services are prepared and carried out on the assumption that the Clients are aware of the International Maritime and/or Offshore Industry (the “Industry”) practices.

1.5. - The Society is neither and may not be considered as an Underwriter, Broker in ship’s sale or chartering, Expert in Unit’s valuation, Consulting Engineer, Controller, Naval Architect, Manufacturer, Shipbuilder, Repair yard, Charterer or Shipowner who are not relieved of any of their expressed or implied obligations by the interventions of the Society.

ARTICLE 2

2.1. - Classification is the appraisement given by the Society for its Client, at a certain date, following surveys by its Surveyors along the lines specified in Articles 3 and 4 hereafter on the level of compliance of a Unit to its Rules or part of them. This appraisement is represented by a class entered on the Certificates and periodically transcribed in the Society’s Register.

2.2. - Certification is carried out by the Society along the same lines as set out in Articles 3 and 4 hereafter and with reference to the applicable National and International Regulations or Standards.

2.3. - It is incumbent upon the Client to maintain the condition of the Unit after surveys, to present the Unit for surveys and to inform the Society without delay of circumstances which may affect the given appraisement or cause to modify its scope.

2.4. - The Client is to give to the Society all access and information necessary for the safe and efficient performance of the requested Services. The Client is the sole responsible for the conditions of presentation of the Unit for tests, trials and surveys and the conditions under which tests and trials are carried out.

ARTICLE 3

3.1. - The Rules, procedures and instructions of the Society take into account at the date of their preparation the state of currently available and proven technical knowledge of the Industry. They are not a standard or a code of construction neither a guide for maintenance, a safety handbook or a guide of professional practices, all of which are assumed to be known in detail and carefully followed at all times by the Client.

Committees consisting of personalities from the Industry contribute to the development of those documents.

3.2. - The Society only is qualified to apply its Rules and to interpret them. Any reference to them has no effect unless it involves the Society’s intervention.

3.3. - The Services of the Society are carried out by professional Surveyors according to the applicable Rules and to the Code of Ethics of the Society. Surveyors have authority to decide locally on matters related to classification and certification of the Units, unless the Rules provide otherwise.

3.4. - The operations of the Society in providing its Services are exclusively conducted by way of random inspections and do not in any circumstances involve monitoring or exhaustive verification.

ARTICLE 4

4.1. - The Society, acting by reference to its Rules:

reviews the construction arrangements of the Units as shown on the documents presented by the Client;

conducts surveys at the place of their construction;

classes Units and enters their class in its Register;

surveys periodically the Units in service to note that the requirements for the maintenance of class are met.

The Client is to inform the Society without delay of circumstances which may cause the date or the extent of the surveys to be changed.

ARTICLE 5

5.1. - The Society acts as a provider of services. This cannot be construed as an obligation bearing on the Society to obtain a result or as a warranty.

5.2. - The certificates issued by the Society pursuant to 5.1. here above are a statement on the level of compliance of the Unit to its Rules or to the documents of reference for the Services provided for.

In particular, the Society does not engage in any work relating to the design, building, production or repair checks, neither in the operation of the Units or in their trade, neither in any advisory services, and cannot be held liable on those accounts. Its certificates cannot be construed as an implied or express warranty of safety, fitness for the purpose, seaworthiness of the Unit or of its value for sale, insurance or chartering.

5.3. - The Society does not declare the acceptance or commissioning of a Unit, nor of its construction in conformity with its design, that being the exclusive responsibility of its owner or builder, respectively.

5.4. - The Services of the Society cannot create any obligation bearing on the Society or constitute any warranty of proper operation, beyond any representation set forth in the Rules, of any Unit, equipment or machinery, computer software of any sort or other comparable concepts that has been subject to any survey by the Society.

ARTICLE 6

6.1. - The Society accepts no responsibility for the use of information related to its Services which was not provided for the purpose by the Society or with its assistance.

6.2. - If the Services of the Society cause to the Client a damage which is proved to be the direct and reasonably foreseeable consequence of an error or omission of the Society, its liability towards the Client is limited to ten times the amount of fee paid for the Service having caused the damage, provided however that this limit shall be subject to a minimum of eight thousand (8,000) Euro, and to a maximum which is the greater of eight hundred thousand (800,000) Euro and one and a half times the above mentioned fee.

The Society bears no liability for indirect or consequential loss such as e.g. loss of revenue, loss of profit, loss of production, loss relative to other contracts and indemnities for termination of other agreements.

6.3. - All claims are to be presented to the Society in writing within three months of the date when the Services were supplied or (if later) the date when the events which are relied on of were first known to the Client, and any claim which is not so presented shall be deemed waived and absolutely barred. Time is to be interrupted thereafter with the same periodicity.

ARTICLE 7

7.1. - Requests for Services are to be in writing.

7.2. - Either the Client or the Society can terminate as of right the requested Services after giving the other party thirty days' written notice, for convenience, and without prejudice to the provisions in Article 8 hereunder.

7.3. - The class granted to the concerned Units and the previously issued certificates remain valid until the date of effect of the notice issued according to 7.2. here above subject to compliance with 2.3. here above and Article 8 hereunder.

7.4. – The contract for classification and/or certification of a Unit cannot be transferred neither assigned.

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ARTICLE 8

8.1. - The Services of the Society, whether completed or not, involve, for the part carried out, the payment of fee upon receipt of the invoice and the reimbursement of the expenses incurred.

8.2. Overdue amounts are increased as of right by interest in accordance with the applicable legislation.

8.3. - The class of a Unit may be suspended in the event of non-payment of fee after a first unfruitful notification to pay.

ARTICLE 9

9.1. - The documents and data provided to or prepared by the Society for its Services, and the information available to the Society, are treated as confidential. However:

Clients have access to the data they have provided to the Society and, during the period of classification of the Unit for them, to the classification file consisting of survey reports and certificates which have been prepared at any time by the Society for the classification of the Unit ;

copy of the documents made available for the classification of the Unit and of available survey reports can be handed over to another Classification Society, where appropriate, in case of the Unit’s transfer of class; the data relative to the evolution of the Register, to the class suspension and to the survey status of the Units, as well as general technical information related to hull and equipment damages, are passed on to IACS (International Association of Classification Societies) according to the association working rules; the certificates, documents and information relative to the Units classed with the Society may be reviewed during certificating bodies audits and are disclosed upon order of the concerned governmental or inter-governmental authorities or of a Court having jurisdiction.

The documents and data are subject to a file management plan.

ARTICLE 10

10.1. - Any delay or shortcoming in the performance of its Services by the Society arising from an event not reasonably foreseeable by or beyond the control of the Society shall be deemed not to be a breach of contract.

ARTICLE 11

11.1. - In case of diverging opinions during surveys between the Client and the Society’s surveyor, the Society may designate another of its surveyors at the request of the Client. 11.2. - Disagreements of a technical nature between the Client and the Society can be submitted by the Society to the advice of its Marine Advisory Committee.

ARTICLE 12

12.1. - Disputes over the Services carried out by delegation of Governments are assessed within the framework of the applicable agreements with the States, international Conventions and national rules.

12.2. - Disputes arising out of the payment of the Society’s invoices by the Client are submitted to the Court of Nanterre, France.

12.3. - Other disputes over the present General Conditions or over the Services of the Society are exclusively submitted to arbitration, by three arbitrators, in London according to the Arbitration Act 1996 or any statutory modification or re-enactment thereof. The contract between the Society and the Client shall be governed by English law.

ARTICLE 13

13.1. - These General Conditions constitute the sole contractual obligations binding together the Society and the Client, to the exclusion of all other representation, statements, terms, conditions whether express or implied. They may be varied in writing by mutual agreement.

13.2. - The invalidity of one or more stipulations of the present General Conditions does not affect the validity of the remaining provisions.

13.3. - The definitions herein take precedence over any definitions serving the same purpose which may appear in other documents issued by the Society.

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BV Mod. Ad. ME 545 k – 17 December 2008

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CONTENTS

SECTION 1 - INTRODUCTION 1.1 – General notes 1.2 – Definitions

SECTION 2 – PREPARING FOR THE MLC INSPECTION 2.1 – Extent of intervention 2.2 – Interim inspections 2.3 – Full inspections 2.4 – Additional inspections 2.5 - MLC inspections and ISM Code audits 2.6 – Approval of DMLC Part II 2.7 – Document checking 2.8 – Physical inspection of conditions on-board 2.9 – Interviews 2.10 – Deficiencies

SECTION 3 – WORKING AND LIVING CONDITIONS TO INSPECT AND APPROVE BEFORE CERTIFICATION . 3.1 – Minimum age 3.2 – Medical certification 3.3 – Qualifications of seafarers 3.4 – Seafarers’ employment agreements 3.5 – Use of recruitment and placement services 3.6 – Hours of work or rest 3.7 – Manning levels 3.8 – Accommodation 3.9 – On-board recreational facilities 3.10 – Food and catering 3.11 – Health and safety and accident prevention 3.12 – On-board medical care 3.13 – On-board complaint procedures 3.14 – Payment of wages

SECTION 4 – ADDITIONAL ITEMS TO INSPECT 4.1 – Entitlement to leave 4.2 – Repatriation 4.3 – Ship owners’ liability 4.4 – Social security 4.5 – Flag State responsibilities (general principles)

SECTION 5 – INSPECTION OF VESSELS < 200GT 5.1 – Extent of inspection 5.2 – Example of Exemptions

SECTION 6 - APPENDICES Appendix I Checklist for ship documents Appendix II Checklist for physical inspections Appendix III Checklist for interviews Appendix IV Checklist for approval of DMLC Part II Appendix V MLC, 2006 Matrix Appendix VI Checklist for overlap between MLC/ISM

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SECTION 1 - INTRODUCTION Useful references MLC, 2006 ILO FS Guidelines ILO PSCO Guidelines 1.1 – General notes 1.2 – Definitions Notes/Modifications ............................................................................................... .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. ..................................................................................................................................

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1.1 – General notes The intention of this handbook is to highlight some of the main aspects of the Convention, including the non-mandatory Part B, and ILO Guideline for Flag State Inspections that are relevant to on-board inspections. This handbook does not give any interpretation of the requirements of the Convention, does not replace nor suggest alternatives to the requirements of the Convention, to the ILO Flag State Guideline or to any specific requirement issued by Flag State Competent Authorities. The purpose of this handbook is to propose possible ways for incorporating the MLC, 2006 requirements into on board practice.

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1.2 – Definitions For the purpose of this handbook, the term: Member means a country that is a member of the International Labour Organisation (ILO) Convention means the Maritime Labour Convention, 2006 Deficiency means an observed situation or defect where objective evidence indicates a non-fulfillment of a specified requirement of the Convention Serious Deficiency means an identifiable deficiency that constitutes a “serious breach” of the requirements of the Maritime MLC 2006 (including seafarers’ rights), or represents a significant danger to seafarers’ safety or health or security and which requires immediate action or includes a lack of effective and systematic implementation of the shipowners’ responsibilities through the DMLC ILO FS Guidelines means the ILO publication “Guidelines for Flag State Inspections” ILO PSCO Guidelines means the ILO publication “Guidelines for Port State Control Officers” Certification means the Maritime Labour Certificate and the Declaration of Maritime Labour Compliance applicable to the following ships: (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, or where it is not covered by the above, at the request of the shipowner

Definitions extracted from the Convention Article II Competent authority means the minister, government department or other authority having power to issue and enforce regulations, orders or other instructions having the force of law in respect of the subject matter of the provision concerned DMLC Part I means the Declaration of Maritime Labour Compliance Part I referred to in Regulation 5.1.3.10(a) DMLC Part II means the Declaration of Maritime Labour Compliance Part II referred to in Regulation 5.1.3.10(b)

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Gross tonnage means the gross tonnage calculated in accordance with the tonnage measurement regulations contained in Annex I to the International Convention on Tonnage Measurement of Ships, 1969, or any successor Convention; for ships covered by the tonnage measurement interim scheme adopted by the International Maritime Organization, the gross tonnage is that which is included in the REMARKS column of the International Tonnage Certificate (1969); MlC means the Maritime Labour Certificate referred to in Regulation 5.1.3; Seafarer means any person who is employed or engaged or works in any capacity on board a ship to which this Convention applies Seafarers’ Employment Agreement (SEA) includes both a contract of employment and articles of agreement Seafarer recruitment and placement service means any person, company, institution, agency or other organization, in the public or the private sector, which is engaged in recruiting seafarers on behalf of shipowners or placing seafarers with shipowners. Ship means a ship other than one which navigates exclusively in inland waters or waters within, or closely adjacent to, sheltered waters or areas where port regulations apply Shipowner means the owner of the ship or another organization or person, such as the manager, agent or bareboat charterer, who has assumed the responsibility for the operation of the ship from the owner and who, on assuming such responsibility, has agreed to take over the duties and responsibilities imposed on shipowners in accordance with this Convention, regardless of whether any other organization or persons fulfil certain of the duties or responsibiities on behalf of the shipowner Reg. 5.1.3.1 International voyage means a voyage from a country to a port outside such a country

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SECTION 2 – PREPARING FOR MLC INSPECTIONS Useful references MLC, 2006 ILO FS Guidelines ILO PSCO Guidelines Notes/Modifications ............................................................................................... .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. ..................................................................................................................................

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2.1 – Extent of intervention

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ILO FS Guidelines 1.1(4) In all cases, the relevant national laws or regulations or collective bargaining agreements or other measures implementing the MLC, 2006, in the flag State should be viewed as the authoritative statement of the requirements in the flag State. ILO FS Guidelines 2.1.1(36) National substantial equivalences, and exemptions in accordance with Standard A3.1, as they pertain to the certified requirements of the MLC, 2006, will be stated in Part I of the DMLC. For other verified areas, specific national requirements would need to be consulted. ILO FS Guidelines Ch.2.1.2(44) …Inspectors would need to be aware of any national provisions as to application or exemptions or variations that have been made by the flag State under the MLC, 2006… ILO FS Guidelines 2.2.2(75) An Inspector must also be aware of any national determinations, substantial equivalences, exemptions and variations that have been made by the flag State under the MLC, 2006. ILO FS Guidelines 2.2.2(76) Where a ship already carries a Maritime Labour Certificate, this certificate and the attached DMLC should be the starting point for Inspections: the DMLC, Part I will remind Inspectors of the national requirements in the 14 areas specified in Appendix A5-I that must be inspected for a certificate to be issued, and the DMLC, Part II sets out the shipowner’s measures for ensuring ongoing compliance with those national requirements.

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2.2 – Interim Inspections Applicability Interim inspections are carried out in the following cases: (a) to new ships on delivery; (b) when a ship changes flag; or (c) when a shipowner assumes responsibility for the operation of a ship which is new to that shipowner. Extent of interim inspections Extent of the interim inspection cover at least the following: (a) the ship has been inspected, as far as reasonable and practicable, for the matters listed in Appendix A5-I of the Convention, taking into account verification of items under subparagraphs (b), (c) and (d) of this paragraph; (b) the shipowner has demonstrated to the competent authority or recognized organization that the ship has adequate procedures to comply with this Convention; (c) the master is familiar with the requirements of this Convention and the responsibilities for implementation; (d) relevant information has been submitted to the competent authority or recognized organization to produce a declaration of maritime labour compliance. For ships where certification applies An interim maritime labour certificate can be issued by the attending Inspector (where permitted by the Flag Authority) for a maximum period not exceeding six months. This certificate is to be left on board with the inspection report. ILO FS Guidelines 2.1.3(53) - … interim Maritime Labour …may have a maximum validity of six months. No consecutive interim certificates may be issued, following the initial six months, by the same flag State, to the same shipowner. A DMLC need not be issued for the period of validity of the interim certificate. An inspection must be carried out prior to expiry of the interim certificate to enable issuance of a Maritime Labour Certificate.

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2.3 – Full Scope Inspections Applicability Full scope inspection is considered to apply for the following inspections which cover all requirements of Maritime Labour Convention as well as national requirements regulated by Maritime Labour Convention: Initial Intermediate Renewal The working and living conditions of seafarers that must be inspected and approved by the flag State before certifying a ship in accordance with Standard A5.1.3, paragraph 1:

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 prevention On-board medical care On-board complaint procedures Payment of wages

Important note The Convention refers to 14 matters listed above that must be inspected for the vessel to be certified (if certification applies). However, for full scope inspections, the Inspector must also inspect following matters that are in addition to the 14 items.

Entitlement to Leave Repatriation Shipowners Liability Social Security Flag state responsibilities in general

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ILO FS Guidelines 2.2.2 (79) Although the 14 areas for certification must be inspected for a certificate to be issued, both certified and uncertified ships must be inspected for compliance with all the requirements of the MLC, 2006, which are, therefore, included in the detailed inspection information …

Timing It is up to the inspector to satisfy himself/herself as to the timing of a full scope inspection. It is suggested that a full scope inspection for a cargo ship with 15 Seafarers maximum would be one man day. On ships such as special purpose, RO-RO, passenger with a significant increase in the number of Seafarers, the full inspection time may increase significantly to several man days. It is suggested that the main breakdown of full inspection time is divided equally into: 1. Document checking 33% 2. Physical inspections 33% 3. Interviews 33%

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2.4 – Additional Inspections Additional Inspection is any inspection other than Interim, Initial, Intermediate or Renewal, which may be requested by a shipowner, Flag Administration, Port State Administration or the Recognised Organisation . Additional inspection may be requested by the masters, seafarers or seafarers representative as in case of investigation of possible breaches of the convention as stated in MLC 2006 Reg.B.5.1.4.3. (a)

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2.5 – MLC inspections and ISM Code audits The Appendix VI- CHECKLIST FOR OVERLAP BETWEEN MLC AND ISM provides a checklist of items where it is considered that the Convention and the Code address common areas.

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2.6 – Approval of DMLC Part II ILO FS Guidelines 2.1.3(55) DMLC, Part II is to be completed by the shipowner and must identify the measures adopted to ensure ongoing compliance with the national requirements between inspections and the measures proposed to ensure that there is continuous improvement. Part II is subject to inspection before certification by the competent authority or an RO on its behalf. See Standard A5.1.3, paragraph 10, for the contents of Part II with additional guidance in Guideline B5.1.3, paragraphs 2, 3 and 4. See Title 5, Appendix B5-I for an example of how it might be filled out. Refer to the Appendix IV - BV CHECKLIST FOR APPROVAL OF DMLC PART II

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2.7 – Document checking Note: There is an overlap between Seafarer documents to check as part of ships’ documents and Seafarer documents to check whilst doing Seafarer interviews. This is because some of the Seafarer documents may be kept secure by the master and made available to the Inspector at the beginning of the inspection and such documents may not be made easily available by the Seafarer during the interviews. Inspection is a sampling process. It is up to the Inspector to judge when best to check a sample of Seafarer documents, to suit what is practiced on board. Refer to Appendix I - CHECKLIST FOR SHIPS’ DOCUMENTS

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2.8 – Physical inspection of conditions on-board Refer to Appendix II - CHECKLIST FOR PHYSICAL INSPECTIONS. Important Note: The checklists do not take into consideration national requirements of the Competent Authorities (as declared in DMLC Part I) nor any initial or ongoing measures to comply with requirements (as declared by shipowners in DMLC Part II). Such requirements and declarations must be taken into consideration for inspections, to ensure that these are being properly implemented on-board.

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2.9 – Interviews Refer to Appendix III – CHECKLIST FOR INTERVIEWS. Interviews can take place at Seafarers’ working environment. However interviews will be done in private for some sensitive subjects.

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2.10 - Deficiency Refer to 1.2 above for definition of “Deficiency” and “Serious Deficiency” ILO FS Guidelines 4.1(112) - Chapter 3 contains examples of deficiencies for inspected items. In all cases any deficiencies should be rectified. Rectification of a deficiency related to shipowner use of recruitment and placement services should not, in principle, be to the detriment of the seafarers affected. 4.2. Guidance on making determinations as to action. 4.2(114) - Depending upon the number and severity of any deficiencies the inspector may consider the following actions: • give appropriate advice; • list, with appropriate timescales, the deficiencies to be rectified, for example, before departure; within 14 days; or before the issue of a Maritime Labour Certificate; • prevent the ship from leaving port until necessary actions are taken; • impose any penalties or other corrective measures available under national law; • in the case of ships that are certified: • withdraw the Maritime Labour Certificate; • refuse to endorse the Maritime Labour Certificate following an intermediate inspection or refuse to renew the certificate. In addition, the inspectors will take into account the following when reaching a decision on whether or not to accept a rectification plan or prevent a ship from leaving port and/or recommend withdrawal of Maritime Labour Certificate: • whether or not the non-conformities can be rapidly remedied in the port of inspection; • whether the deficiencies constitute a significant danger to seafarers’ safety, health or security; • the seriousness of the breach of the requirements of the MLC, 2006 (including seafarers’ rights); • length and nature of the intended voyage or service; • size and type of ship and equipment provided; • whether or not the appropriate rest period for seafarers is being observed; • nature of the cargo; • prior history of similar deficiencies; • number of deficiencies identified on the inspection; • safe manning requirements; • prior history with respect to rectifications.

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116. All reasonable efforts are to be made to avoid a ship being unreasonably detained or delayed (Standard A5.1.4, paragraph 15).

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SECTION 3 – WORKING AND LIVING CONDITIONS TO INSPECT AND APPROVE BEFORE

CERTIFICATION ILO FS Guidelines 1.3.3(19) - …in addition to being inspected, ships must also be certified for compliance with the requirements for the 14 areas of seafarers’ working and living conditions set out in Title 5, Appendix A5-I. A flag State must also verify that its ships meet all MLC, 2006, requirements, even if the requirement is not one that must be certified. For ships that do not have to be certified (ships under 500 gross tonnage (gt), or ships that are not engaged in international voyages and that do not operate from a port or between ports in another country) the flag State must still verify compliance for all the same requirements as a certified ship. Useful references MLC, 2006 ILO FS Guidelines ILO PSCO Guidelines Notes/Modifications ............................................................................................... .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. ..................................................................................................................................

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3.1 – Minimum age

Minimum age (Reg. 1.1)

Basic requirements • Persons below the age of 16 shall not be employed or engaged or work on a ship (Standard A1.1, paragraph 1). • Seafarers under the age of 18 shall not be employed or engaged or work where the work is likely to jeopardize their health or safety (Standard A1.1, paragraph 4). • Special attention must be paid to the safety and health of seafarers under the age of 18, in accordance with national laws and regulations (Standard A4.3, paragraph 2(b)). • Night work* for seafarers under the age of 18 is prohibited, except to the extent that an exemption has been made by the competent authority under Standard A1.1, paragraph 3, in the case of training programmes (Standard A1.1, paragraph 2).

* “Night” is defined in accordance with national law and practice. It covers a period of at least nine hours starting no later than midnight and ending no earlier than 5 a.m. (Standard A1.1, paragraph 2).

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1. Minimum Age – Regulation 1.1 A.1.1.1 Verification through documentary evidence that all seafarers are over the age of 16. Document: Passport, Crew list Requirement: The employment, engagement or work on board a ship of any person under the age of 16 shall be prohibited. Comment: The minimum age at the time of the initial entry into force of this Convention is 16 years. The administration may prescribe higher ages. MLC / FS / PS Guideline - Where persons younger than 18 years are employed onboard special attention should be given to their needs by members when regulating working and living conditions. A.1.1.2 Verification that no seafarer under the age of 18 is on duty or is working during night hours except otherwise authorized by the Administration. Document: Work schedule Requirement: Night work of seafarers under the age of 18 shall be prohibited. For the purposes of this Standard, "night" shall cover a period of at least nine hours starting no later than midnight and ending no earlier than 5 a.m. FS / PS Guideline – Document work schedule with respect to seafarers aged 16–18 to determine hours and nature of work. Confirm information through interviews with a representative number of seafarers. A.1.1.3 In case of seafarers of less than 18 years of age performing night work, verification that he/she is under a recognized training programme Document: Official training programme Requirement: An exception to strict compliance with the night work restriction may be made by the competent authority when: (a) the effective training of the seafarers concerned, in accordance with established programmes and schedules, would be impaired; or (b) the specific nature of the duty or a recognized training programme requires that the seafarers covered by the exception perform duties at night and the authority determines, after consultation with the shipowners’ and seafarers’ organizations concerned, that the work will not be detrimental to their health or well-being. FS / PS Guidelines - Document work schedule with respect to seafarers aged 16–18 to determine hours and nature of work.

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A.1.1.4 Verification, where applicable, that seafarers under the age of 18 do not work in activities likely to jeopardise their health or safety. Document: Accident report, Work schedule Requirement: The employment, engagement or work of seafarers under the age of 18 shall be prohibited where the work is likely to jeopardize their health or safety. The types of such work shall be determined by national laws or regulations or by the competent authority, after consultation with the shipowners’ and seafarers’ organizations concerned, in accordance with relevant international standards. Comment: Reference shall be made to Guideline B 4.3.10 for example of job restriction for young seafarers. FS/PS Guidelines - Document to see that types of work on board that are likely to jeopardize the safety of seafarers under the age of 18 have been identified - Verification of Accident reports and safety committee reports to determine whether seafarers of 18 years or below were involved. A.3.2.8 Verification that no seafarer under the age of 18 is employed or engaged or work as a ship’s cook. Document: Seaman's book, Passport Requirement: No seafarer under the age of 18 shall be employed or engaged or work as a ship’s cook.

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3.2 – Medical certification

Medical certificate (Reg. 1.2)

Basic requirements • Seafarers are not allowed to work on a ship unless they are certified* as medically fit to perform their duties. • For seafarers working on ships ordinarily engaged on international voyages the certificate must be provided in English (Standard A1.2, paragraph 10). • The medical certificate must have been issued by a duly qualified medical practitioner and must be still valid. • The period of validity for a certificate is determined under national law in accordance with the following:

• two-year maximum for medical certificates except for seafarers under 18; then it is one year; • six-year maximum for a colour vision certificate.

* Certificates issued in accordance with, or meeting the substance of the applicable requirements, under the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW), as amended, are to be accepted as meeting these requirements (Standard A1.2, paragraph 3).

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2. Medical certification – Regulation 1.2 A.1.2.01 Verification that all seafarers hold a medical certificate stating that they are medically fit to perform their duties. Document: Medical certificate, Crew list Requirement: The competent authority shall require that, prior to beginning work on a ship, seafarers hold a valid medical certificate attesting that they are medically fit to perform the duties they are to carry out at sea. Comment: The certificate shall be available on board. In urgent cases where the competent authority of the flag State has permitted a seafarer to work without a valid or with an expired certificate, the authorization or permit should be available and Documented to ensure it is still valid (three-month maximum validity). The competent authority will have established national requirements for the medical examination and certificate. FS/PS Guidelines - Medical certificates are valid for a maximum period of two years for persons older than 18 years . For persons younger than 18 years the validity shall not exceed one year. The validity may be reduced by the Administration. FS/PS Guidelines - The validity of Colour Vision Certificates shall not exceed six years.

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A.1.2.02 Verification that the medical certificates contain all information required by the national legislation with regards to the seafarer's duties. Document: Medical certificate Requirement: In order to ensure that medical certificates genuinely reflect seafarers’ state of health, in light of the duties they are to perform, the competent authority shall, after consultation with the shipowners’ and seafarers’ organizations concerned and giving due consideration to applicable international guidelines referred to in Part B of this Code, prescribe the nature of the medical examination and certificate. Comment: The medical certificate shall contains the following information: full name, date of birth, position/occupation, date of examination of the seafarer; name, address, contact information and/or official stamp and signature of the medical practitioner. It must state hearing and sight of the seafarer and the colour vision as necessary. A.1.2.03 Confirmation that the medical certificates are of a model agreed by the Administration or issued in accordance with the requirements of STCW Document: Medical certificate Requirement: This Standard is without prejudice to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, in its most recent version (“STCW 1978, as amended”). A medical certificate issued in accordance with the requirements of that Convention shall be accepted by the competent authority, for the purpose of Regulation 1.2. A medical certificate meeting the substance of those requirements, in the case of seafarers not covered by that Convention, shall similarly be accepted. FS Guidelines - A standardized a standard medical certificate shall be developed by the FS. Also refer to Guidelines ILO/WHO D.2 1997

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A.1.2.04 Verification that the medical certificates have been issued and signed by a duly qualified medical practitioner. Verification that the eyesight certificate and colour vision, if appropriate, have been issued and signed by a qualified person recognized by the competent authority. Document: Medical certificate Requirement: The medical certificate shall be issued by a duly qualified medical practitioner or, in the case of a certificate solely concerning eyesight, by a person recognized by the competent authority as qualified to issue such a certificate. Practitioners must enjoy full professional independence exercising their medical judgement in undertaking medical examination procedures. FS/PS Guidelines - Flag State’s list of duly qualified medical practitioners shall be available on board or such information available on a web site. The certificate for colour vision may be part of the general medical certificate. A.1.2.05 Verification that Seafarers having a limitation imposed on their ability to work have been given the opportunity to have a further examination by another independent medical practitioner or by an independent medical referee. Requirement: Seafarers that have been refused a certificate or have had a limitation imposed on their ability to work, in particular with respect to time, field of work or trading area, shall be given the opportunity to have a further examination by another independent medical practitioner or by an independent medical referee. A.1.2.06.a Confirmation that the medical certificate states that hearing and sight of the seafarer are satisfactory, including colour vision where applicable. Document: Medical certificate, Safe Manning Requirement: The hearing and sight of the seafarer concerned, and the colour vision in the case of a seafarer to be employed in capacities where fitness for the work to be performed is liable to be affected by defective colour vision, are all satisfactory; A.1.2.06.b Confirmation that medical certificates confirm that seafarers do not suffer from any medical condition likely to be aggravated by the service at sea or endanger the health of other persons onboard. Document: Medical certificate, Shipboard working arrangement Requirement: The seafarer concerned is not suffering from any medical condition likely to be aggravated by service at sea or to render the seafarer unfit for such service or to endanger the health of other persons on board.

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A.1.2.07.a Confirmation that the medical certificates validity is maximum two years and colour vision certificates maximum six years. Document: Medical certificate Requirement: Unless a shorter period is required by reason of the specific duties to be performed by the seafarer concerned or is required under STCW 1978, as amended, a medical certificate shall be valid for a maximum period of two years unless the seafarer is under the age of 18, in which case the maximum period of validity shall be one year; Unless a shorter period is required by reason of the specific duties to be performed by the seafarer concerned or is required under STCW 1978, as amended a certification of colour vision shall be valid for a maximum period of six years. Comment: A medical certificate shall be valid for a maximum period of two years (1 year if the seafarer is less that 18). The validity may be reduced by the Administration. The colour vision certificate is valid max 6 years. The validity may be reduced by the Administration. The colour vision certificate may be part of the general medical certificate. Document the DMLC part I in case the Administration provides for shorter period of validity. If the period of validity of a certificate expires in the course of a voyage, the certificate shall continue in force until the next port of call where the seafarer can obtain a medical certificate from a qualified medical practitioner, provided that the period shall not exceed three months. A.1.2.07.b Confirmation that the medical certificates validity is maximum one year for seafarers under age of 18. Document: Medical Certificate Requirement: Unless a shorter period is required by reason of the specific duties to be performed by the seafarer concerned or is required under STCW 1978, as amended, a medical certificate shall be valid for a maximum period of two years unless the seafarer is under the age of 18, in which case the maximum period of validity shall be one year; Comment: If the period of validity of a certificate expires in the course of a voyage, the certificate shall continue in force until the next port of call where the seafarer can obtain a medical certificate from a qualified medical practitioner, provided that the period shall not exceed three months.

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A.1.2.08 Verification that Competent Authority has authorised seafarers work without a valid medical certificate, and that the authorisation is not expired Document: Administration's authorization Requirement: In urgent cases the competent authority may permit a seafarer to work without a valid medical certificate until the next port of call where the seafarer can obtain a medical certificate from a qualified medical practitioner, provided that: (a) the period of such permission does not exceed three months; and (b) the seafarer concerned is in possession of an expired medical certificate of recent date. Comment: Document the authorization or permit (subject to a maximum validity of three months) where the competent authority of the flag State has permitted a seafarer to work without a valid, or with an expired, certificate in urgent cases. (a) The period of such permission shall be clearly documented and shall not exceed 3 months (b) The seafarer concerned shall be in possession of an expired medical certificate of recent date. Cases where the seafarer is able to obtain a certificate from a duly qualified medical practitioner prior departure or if the seafarer took no action to obtain a new certificate at a time when he probably knew that it would shortly be needed cannot be considered as urgent. A.1.2.09: In case of expired certificate onboard, verification that arrangements are in place for a medical examination to be performed at the next port of call where a certificate can be obtained, is applicable Document: Medical certificate Requirement: If the period of validity of a certificate expires in the course of a voyage, the certificate shall continue in force until the next port of call where the seafarer can obtain a medical certificate from a qualified medical practitioner, provided that the period shall not exceed three months. Comment: If the period of validity of a certificate expires in the course of a voyage, the certificate shall continue in force until the next port of call where the seafarer can obtain a medical certificate from a qualified medical practitioner; provided that the period shall not exceed three months A.1.2.10 Verification that the medical certificates of seafarers on ships ordinarily engaged in international voyages are in English. Document: Medical certificate Requirement: The medical certificates for seafarers working on ships ordinarily engaged on international voyages must as a minimum be provided in English.

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3.3 – Qualifications of seafarers

Training and qualifications (Reg. 1.3)

Basic requirements • Seafarers must be trained or certified* as competent or otherwise qualified to perform their duties in accordance with flag State requirements. • Seafarers must have successfully completed training for personal safety on board ship. * Training and certification in accordance with the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW), as amended, is to be accepted as meeting these requirements.

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3. Qualifications of seafarers – Regulation 1.3 1.3.1 Verification that seafarers are trained or certified (in accordance with national requirement) as competent to perform their duties. All seafarers on board ship must hold valid Certificates of Competence and other documents (in line with national and Flag State requirements) confirming they are qualified as required under national law for duties performing on board a ship. Document: Safe Manning, STCW Certificates and endorsement Requirement: Seafarers shall not work on a ship unless they are trained or certified as competent or otherwise qualified to perform their duties. Note: Training and certification under STCW is considered acceptable FS Guidelines - Training and certification in accordance with the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW), as amended, is to be accepted as meeting these requirements. R.1.3.2 Verification that all seafarers have successfully completed training for personal safety on board ship. Document: Training material Requirement: Seafarers shall not be permitted to work on a ship unless they have successfully completed training for personal safety on board ship. Note: Training and certification under STCW is considered acceptable. The training material shall be available in the working language of the ship. R.1.3.3 Verification that STCW personnel holds valid certificates confirming seafarer’s competency with respect to their duties (check crew list to determine duties). Confirmation that the relevant endorsement is still valid. Document: STCW Certificate, Qualification certificate Requirement: Training and certification in accordance with the instruments adopted by the International Maritime Organization shall be considered as meeting the requirements of paragraphs 1 and 2 of this Regulation.

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A.3.2.2.c Verification that catering staff is properly trained or instructed for their positions Document: Certificate of Competence Requirement: Each Member shall ensure that ships that fly its flag meet the following minimum standards: catering staff shall be properly trained or instructed for their positions. Standard A.3.2.3 & 4 Verification that the ships’ cook is trained and qualified to perform his/her duties Document: Certificate of Competence Requirement: Shipowners shall ensure that seafarers who are engaged as ships’ cooks are trained, qualified and found competent for the position in accordance with requirements set out in the laws and regulations of the Member concerned. A3.2.5 For ships operating with a prescribed manning of ten or more, a chief cook is required. Guideline B3.2.2* – Ships’ cooks* 1. Seafarers should only be qualified as ships’ cooks if they have: (a) served at sea for a minimum period to be prescribed by the competent authority, which could be varied to take into account existing relevant qualifications or experience; (b) passed an examination prescribed by the competent authority or passed an equivalent examination at an approved training course for cooks. 2. The prescribed examination may be conducted and certificates granted either directly by the competent authority or, subject to its control, by an approved school for the training of cooks. 3. The competent authority should provide for the recognition, where appropriate, of certificates of qualification as ships’ cooks issued by other Members, which have ratified this Convention or the Certification of Ships’ Cooks Convention, 1946 (No. 69), or other approved body. * Part B Guideline is not mandatory part of Maritime Labour Convention. Their intention is to help the Flag States to establish the system which is adequate to implement the responsibilities under Part A of the respective Guideline. The Flag States will define their national requirements related to Maritime labour Convention in DMLC part I

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A.3.2.4 The requirements under paragraph 3 of this Standard shall include a completion of a training course approved or recognized by the competent authority, which covers practical cookery, food and personal hygiene, food storage, stock control, and environmental protection and catering health and safety. A.3.2.5 Confirmation that seafarers processing food in the galley, on ships which are not required by competent authority to carry a fully qualified cook, have been trained or instructed on personal hygiene, handling and storage of food on board ship Document: Training certificate or certificate of competence Requirement: On ships operating with a prescribed manning of less than ten which, by virtue of the size of the crew or the trading pattern, may not be required by the competent authority to carry a fully qualified cook, anyone processing food in the galley shall be trained or instructed in areas including food and personal hygiene and handling and storage of food on board ship. A.4.1.4.c For ships not required to carry a medical doctor, confirmation that the seafarers in charge of medical care and first aid onboard have completed the training that meets the requirements of STCW except otherwise specified by national requirements Document: Safe Manning, Crew list, STCW certificates and endorsement. Requirement: Ships which do not carry a medical doctor shall be required to have either at least one seafarer on board who is in charge of medical care and administering medicine as part of their regular duties or at least one seafarer on board competent to provide medical first aid; persons in charge of medical care on board who are not medical doctors shall have satisfactorily completed training in medical care that meets the requirements of STCW 1978, as amended; seafarers designated to provide medical first aid shall have satisfactorily completed training in medical first aid that meets the requirements of STCW 1978, as amended; national laws or regulations shall specify the level of approved training required taking into account, inter alia, such factors as the duration, nature and conditions of the voyage and the number of seafarers on board

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Guideline B4.1.1.3* Persons referred to in paragraph 1 of this Guideline and such other seafarers as may be required by the competent authority should undergo, at approximately five year intervals, refresher courses to enable them to maintain and increase their knowledge and skills and to keep up-to-date with new developments. Guideline B4.1.1.1.a* ships which ordinarily are capable of reaching qualified medical care and medical facilities within eight hours should have at least one designated seafarer with the approved medical first-aid training required by STCW which will enable such persons to take immediate, effective action in case of accidents or illnesses likely to occur on board a ship and to make use of medical advice by radio or satellite communication * Part B Guidelines are not mandatory part of Maritime Labour Convention. Their intention is to help the Flag States to establish the system which is adequate to implement the responsibilities under Part A of the respective Guideline. The Flag States will define their national requirements related to Maritime labour Convention in DMLC part I.

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3.4 – Seafarers’ employment agreement

Seafarers’ Employment Agreement (SEA) (Reg. 2.1)

Basic requirements • Where a shipowner has used a private seafarer recruitment and placement service,* it must be licensed or certified or regulated in accordance with the MLC, 2006. • Seafarers shall not be charged for use of these services. • Shipowners using services based in States not party to the MLC, 2006, must ensure, as far as practicable, that these services meet the requirements of the MLC, 2006 (Standard A1.4, paragraph 9).** * If private seafarer recruitment and placement services are operating in their territory, flag States are responsible for establishing an effective inspection and monitoring system with respect to those services (Regulation 5.3; Standard A5.3, paragraph 1). ** Flag States are responsible for ensuring that shipowners have a proper system for verifying that the recruitment and placement services conform to the national requirements implementing Standard A1.4 if they use recruitment and placement services based in States not party to the MLC, 2006. This responsibility may be fulfilled by continuously monitoring shipowners’ compliance with those requirements, by monitoring recruitment and placement services in relevant non-MLC countries through a quality management system, and by providing information on the extent to which services in such countries have been found to meet the requirements of Standard A1.4.

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4. Seafarer employment agreements – Regulation 2.1 A.2.1.1.a Confirmation that all seafarers are provided with a seafarer employment agreement. Verification that SEAs are consistent with the national requirements of the Flag State. Document: Seafarers Employment Agreement/ Collective Bargaining Agreement Requirement: Each Member shall adopt laws or regulations requiring that ships that fly its flag comply with the following requirements seafarers working on ships that fly its flag shall have a seafarers’ employment agreement signed by both the seafarer and the shipowner or a representative of the shipowner (or, where they are not employees, evidence of contractual or similar arrangements) providing them with decent working and living conditions on board the ship as required by this Convention FS/PS Guidelines - A SEA must, at a minimum, address the matters set out in Standard A2.1, paragraph 4(a)–(k) of the MLC, 2006 (Standard A2.1, paragraph 1(a)). A copy of the SEA and any applicable collective bargaining agreements for seafarers and, at a minimum, a standard form of the SEA (in English) for the ship shall be available on board for all seafarers A.2.1.1.b Confirmation by interview that seafarers have a sufficient understanding of their rights and responsibilities. Verification through interview that the seafarers have been given the opportunity to examine their agreement before signing Verification through interview that the seafarers are able to fully understand the contents of the agreement before being requested to sign the agreement. Requirement: Each Member shall adopt laws or regulations requiring that ships that fly its flag comply with the following requirements seafarers signing a seafarers’ employment agreement shall be given an opportunity to examine and seek advice on the agreement before signing as well as such other facilities as are necessary to ensure that they have freely entered into an agreement with a sufficient understanding of their rights and responsibilities

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A.2.1.1.c Verification that a copy of the SEA is available on board and is signed by both the seafarer and the shipowner. Document: SEA/CBA Requirement: Each Member shall adopt laws or regulations requiring that ships that fly its flag comply with the following requirements: The shipowner and seafarer concerned shall each have a copy of the seafarers’ employment agreement; A.2.1.1.d Confirmation that clear information as to the conditions of their employment can be obtained on board by seafarers Requirement: Each Member shall adopt laws or regulations requiring that ships that fly its flag comply with the following requirements: Measures shall be taken to ensure that clear information as to the conditions of their employment can be easily obtained on board by seafarers, including the ship’s master, and that such information, including a copy of the seafarers’ employment agreement, is also accessible for review by officers of a competent authority, including those in ports to be visited

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A.2.1.1.e Verification that seafarers are given a record of their employment on board the ship Document: Record of employment Requirement: Each Member shall adopt laws or regulations requiring that ships that fly its flag comply with the following requirements: Seafarers shall be given a document containing a record of their employment on board the ship. Comment: The form of the document, the particulars to be recorded and the manner in which such particulars are to be entered, shall be determined by national law (eg. a recording in the seaman's book). The document shall not contain any statement as to the quality of the seafarers' work or as to their wages. The document must be available on board. FS/PS Guidelines - Evidence, where possible, given the timing of the inspection relative to employment period, of possession by seafarers of a record of their employment (or records to be submitted to the inspector at a later date). A.2.1.2 Verification that a copy of the collective bargaining agreement is available on board, when forms part of seafarers employment agreement Document: SEA/CBA Requirement: Where a collective bargaining agreement forms all or part of a seafarers’ employment agreement a copy of that agreement shall be available on board. Where the language of the seafarers’ employment agreement and of any applicable collective bargaining agreement is not English, the following shall also be available in English (except for ships engaged only in domestic voyages) A.2.1.2.a Confirmation, when applicable, that a copy of the standard form of the agreement is available on board in English language Document: Standard form of the agreement Requirement: The following shall also be available in English: a copy of a standard form of the agreement

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A.2.1.2.b Confirmation, when applicable, that a copy of the collective bargaining agreement that are subject to port state inspection is available on board in English language. Document: SEA/CBA Requirement: The following shall also be available in English: the portions of the collective bargaining agreement that are subject to a port state inspection under Regulation 5.2. A.2.1.3 Verification that the record of employment does not contain any statement as to the quality of the seafarers’ work or as to their wages. Verification that the record is under an approved format (such as a discharge book) and that an English translation is available. Document: Record of employment Requirement: The document referred to in paragraph 1(e) of this Standard shall not contain any statement as to the quality of the seafarers’ work or as to their wages. The form of the document, the particulars to be recorded and the manner in which such particulars are to be entered in it shall be determined by national law. A.2.1.4.a to d Verification that the SEA contains: - the seafarer’s full name, date of birth or age, and birthplace - the shipowner’s name and address; - the place where and date when the seafarers’ employment agreement is entered

into - the capacity in which the seafarer is to be employed Document: SEA/CBA Requirement: Each Member shall adopt laws and regulations specifying the matters that are to be included in all seafarers’ employment agreements governed by its national law. Seafarers’ employment agreements shall in all cases contain the following particulars: (a) the seafarer’s full name, date of birth or age, and birthplace; (b) the shipowner’s name and address; (c) the place where and date when the seafarers’ employment agreement is entered into; (d) the capacity in which the seafarer is to be employed Comment: MLC Convention Standard A2.1 item 4 provides details of the minimum information to be contained within the SEA.

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Art II (j) shipowner means the owner of the ship or another organization or person, such as the manager, agent or bareboat charterer, who has assumed the responsibility for the operation of the ship from the owner and who, on assuming such responsibility, has agreed to take over the duties and responsibilities imposed on shipowners in accordance with this Convention, regardless of whether any other organization or persons fulfil certain of the duties or responsibilities on behalf of the shipowner. A.2.1.4.e & f Verification that the seafarer's agreement contains: - the amount of the seafarer’s wages or, where applicable, the formula used for calculating them - the amount of paid annual leave or, where applicable, the formula used for calculating it Document: SEA/CBA Requirement: Seafarers’ employment agreements shall in all cases contain the following particulars: (e) the amount of the seafarer’s wages or, where applicable, the formula used for calculating them (f) the amount of paid annual leave or, where applicable, the formula used for calculating it Guideline B2.2.2.2*: For seafarers whose wages are fully or partially consolidated: (a) the seafarers’ employment agreement should specify clearly, where appropriate, the number of hours of work expected of the seafarer in return for this remuneration, and any additional allowances which might be due in addition to the consolidated wage, and in which circumstances; (b) where hourly overtime is payable for hours worked in excess of those covered by the consolidated wage, the hourly rate should be not less than one and one quarter times the basic rate corresponding to the normal hours of work as defined in paragraph 1 of this Guideline; the same principle should be applied to the overtime hours included in the consolidated wage; (c) remuneration for that portion of the fully or partially consolidated wage representing the normal hours of work as defined in paragraph 1(a) of this Guideline should be no less than the applicable minimum wage; and (d) for seafarers whose wages are partially consolidated, records of all overtime worked should be maintained and endorsed as provided for in paragraph 1(d) of this Guideline. * Part B Guidelines are not mandatory part of Maritime Labour Convention. Their intention is to help the Flag States to establish the system which is adequate to implement the responsibilities under Part A of the respective Guideline. The Flag States will define their national requirements related to Maritime labour Convention in DMLC part I.

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A.2.1.4.g Verification that the seafarer's agreement contains the termination of the agreement and the conditions thereof Document: SEA/CBA Requirement: Seafarers’ employment agreements shall in all cases contain the following particulars: (g) the termination of the agreement and the conditions thereof Comment: (i) if the agreement has been made for an indefinite period, the conditions entitling either party to terminate it, as well as the required notice period, which shall not be less for the shipowner than for the seafarer; (ii) if the agreement has been made for a definite period, the date fixed for its expiry; and (iii) if the agreement has been made for a voyage, the port of destination and the time which has to expire after arrival before the seafarer should be discharged; A.2.1.4.h Verification that the seafarer's agreement indicates the social security protection to be provided by the shipowner Document: SEA/CBA Requirement: Seafarers’ employment agreements shall in all cases contain the following particulars: (h) the health and social security protection benefits to be provided to the seafarer by the shipowner A.2.1.4.i Verification that the seafarer's agreement contains the seafarer’s entitlement to repatriation Document: SEA/CBA Requirement: Seafarers’ employment agreements shall in all cases contain the following particulars: (i) the seafarer’s entitlement to repatriation Guideline B2.5.1.1* – 1 Seafarers should be entitled to repatriation: (a) in the case covered by Standard A2.5, paragraph 1(a), upon the expiry of the period of notice given in accordance with the provisions of the seafarers’ employment agreement; (b) in the cases covered by Standard A2.5, paragraph 1(b) and (c): (i) in the event of illness or injury or other medical condition which requires their repatriation when found medically fit to travel; (ii) in the event of shipwreck; (iii) in the event of the shipowner not being able to continue to fulfil their legal or contractual obligations as an employer of the seafarers by reason of insolvency, sale of ship, change of ship’s registration or any other similar reason;

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(iv) in the event of a ship being bound for a war zone, as defined by national laws or regulations or seafarers’ employment agreements, to which the seafarer does not consent to go; and (v) in the event of termination or interruption of employment in accordance with an industrial award or collective agreement, or termination of employment for any other similar reason. * Part B Guidelines are not mandatory part of Maritime Labour Convention. Their intention is to help the Flag States to establish the system which is adequate to implement the responsibilities under Part A of the respective Guideline. The Flag States will define their national requirements related to Maritime labour Convention in DMLC part I. A.2.1.4.j Confirmation that the seafarer's agreement contains reference to the collective bargaining agreement, if applicable Document: SEA/CBA Requirement: Seafarers’ employment agreements shall in all cases contain the following particulars: (j) reference to the collective bargaining agreement, if applicable; A.2.1.4.k Confirmation that the seafarer's agreement contains any other particulars which national law may require Document: SEA/CBA Requirement: Seafarers’ employment agreements shall in all cases contain the following particulars: (k) any other particulars which national law may require. A.2.1.5 Verification that the minimum notice period is clearly mentioned in the seafarer’s agreement and that is not shorter than seven day Document: SEA/CBA Requirement: Each Member shall adopt laws and regulations establishing minimum notice periods to be given by the seafarers and shipowners for the early termination of a seafarers’ employment agreement. The duration of these minimum periods shall be determined after consultation with the shipowners’ and seafarers’ organizations concerned, but shall not be shorter than seven days. Comment: The duration of the minimum periods shall not be shorter than seven days.

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A.2.1.6 In case of shorter notice period or without notice termination specified, verification that the reasons are recognised under national laws and regulations or collective bargaining agreement Requirement: Each Member shall adopt laws and regulations establishing minimum notice periods to be given by the seafarers and shipowners for the early termination of a seafarers’ employment agreement. The duration of these minimum periods shall be determined after consultation with the shipowners’ and seafarers’ organizations concerned, but shall not be shorter than seven days. A.2.1.6 A notice period shorter than the minimum may be given in circumstances which are recognized under national law or regulations or applicable collective bargaining agreements as justifying termination of the employment agreement at shorter notice or without notice. In determining those circumstances, each Member shall ensure that the need of the seafarer to terminate, without penalty, the employment agreement on shorter notice or without notice for compassionate or other urgent reasons is taken into account.

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3.5 – Use of recruitment and placement services

Recruitment and placement (Reg. 1.4)

Basic requirements

• Where a shipowner has used a private seafarer recruitment and placement service,* it must be licensed or certified or regulated in accordance with the MLC, 2006. • Seafarers shall not be charged for use of these services. • Shipowners using services based in States not party to the MLC, 2006, must ensure, as far as practicable, that these services meet the requirements of the MLC, 2006 (Standard A1.4, paragraph 9).** * If private seafarer recruitment and placement services are operating in their territory, flag States are responsible for establishing an effective inspection and monitoring system with respect to those services (Regulation 5.3; Standard A5.3, paragraph 1). ** Flag States are responsible for ensuring that shipowners have a proper system for verifying that the recruitment and placement services conform to the national requirements implementing Standard A1.4 if they use recruitment and placement services based in States not party to the MLC, 2006. This responsibility may be fulfilled by continuously monitoring shipowners’ compliance with those requirements, by monitoring recruitment and placement services in relevant non-MLC countries through a quality management system, and by providing information on the extent to which services in such countries have been found to meet the requirements of Standard A1.4.

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5. Recruitment and placement service – Regulation 1.4 A.1.4.02 A.1.4.06 Confirmation that private recruitment and placement services have been licensed, certified or regulated by the Flag State, where applicable Document: Manning agency Licence or certificate Requirement: If a Member has private seafarer recruitment and placement services operating in its territory, they shall be operated only in conformity with a standardized system of licensing or certification or other form of regulation. This system shall be established, modified or changed only after consultation with the shipowners’ and seafarers’ organizations concerned. Undue proliferation of private seafarer recruitment and placement services shall not be encouraged. Comment: If the shipowner uses a private service then it must be a service that is licensed or regulated in accordance with the requirements set out in Regulation 1.4 and Standard A1.4. Evidence shall be available on board. The certification (in the case of ships requiring it) is limited to situations where the shipowner has used private recruitment and placement services FS/PS Guidelines - Check the national web sites of the flag State regarding the licensing of seafarer recruitment and placement services (manning agencies). Record the location of the private seafarer recruitment and placement services. A1.4.6: The competent authority shall closely supervise and control all seafarer recruitment and placement services operating in the territory of the Member concerned. Any licences or certificates or similar authorizations for the operation of private services in the territory are granted or renewed only after verification that the seafarer recruitment and placement service concerned meets the requirements of national laws and regulations. A.1.4.05.a Verification that seafarers did not suffer measures to prevent or deter them from gaining employment for which they are qualified Requirement: A Member adopting a system referred to in paragraph 2 of this Standard shall, in its laws and regulations or other measures, at a minimum prohibit seafarer recruitment and placement services from using means, mechanisms or lists intended to prevent or deter seafarers from gaining employment for which they are qualified; Guideline B2.2.2.4(i)* No deductions should be made from a seafarer's remuneration in respect of obtaining or retaining employment. Guideline B1.4.1.2(e)* Procedures to prevent the opportunities for exploitation of seafarers arising from the issue of joining advances or any other financial transaction between the shipowner and the seafarers which are handled by the seafarer recruitment and placement services.

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* Part B Guidelines are not mandatory part of Maritime Labour Convention. Their intention is to help the Flag States to establish the system which is adequate to implement the responsibilities under Part A of the respective Guideline. The Flag States will define their national requirements related to Maritime labour Convention in DMLC part I. A.1.4.05.b Verification through interviews that seafarers have not been required to pay fees or other charges for their recruitment or appointment Requirement: A Member adopting a system referred to in paragraph 2 of this Standard shall, in its laws and regulations or other measures, at a minimum require that no fees or other charges for seafarer recruitment or placement or for providing employment to seafarers are borne directly or indirectly, in whole or in part, by the seafarer, other than the cost of the seafarer obtaining a national statutory medical certificate, the national seafarer's book and a passport or other similar personal travel documents, not including, however, the cost of visas, which shall be borne by the shipowner. Comment: No fees or other charges for seafarer recruitment or placement or for providing employment to seafarers are borne directly or indirectly, in whole or in part, by the seafarer, other than the cost of the seafarer obtaining a national statutory medical certificate, the national seafarer’s book and a passport or other similar personal travel documents, not including, however, the cost of visas, which shall be borne by the shipowner. A.1.4.09 Confirmation through documentary evidence that the shipowner ascertains that manning agencies complies with the requirement of the MLC, 2006 Document: Written evidence of verification Requirement: Each Member shall require that shipowners of ships that fly its flag, who use seafarer recruitment and placement services based in countries or territories in which this Convention does not apply, ensure, as far as practicable, that those services meet the requirements of this Standard.

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3.6 – Hours of work or rest

Hours of work or rest (Reg. 2.3) Basic requirements

• The minimum hours of rest* must not be less than ten hours in any 24-hour period and 77 hours in any seven-day period, if the relevant national law relates to hours of rest, or, if the relevant national law relates to hours of work, the maximum hours of work** must not exceed 14 hours in any 24-hour period and 72 hours in any seven-day period (Standard A2.3, paragraph 5, as implemented in national standards).*** • Hours of rest may be divided into no more than two periods, one of which must be at least six hours; the interval between consecutive periods of rest must not exceed 14 hours (Standard A2.3, paragraph 6, as implemented in the national standards).*** • Account must be taken of the danger posed by the fatigue of seafarers (Standard A2.3, paragraph 4). * “Hours of rest” means time outside hours of work; this term does not include short breaks (Standard A2.3, paragraph 1(b)). ** “Hours of work” means time during which seafarers are required to do work on account of the ship (Standard A2.3, paragraph 1(a)). *** With respect to the national standards implementing Standard A2.3: Standard A2.3, paragraph 13 provides that “Nothing in paragraphs 5 and 6 of this Standard shall prevent a Member from having national laws or regulations or a procedure for the competent authority to authorize or register collective agreements permitting exceptions to the limits set out. Such exceptions shall, as far as possible, follow the provisions of this Standard but may take account of more frequent or longer leave periods or the granting of compensatory leave for watchkeeping seafarers or seafarers working on board ships on short voyages.”

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6. Hours of work or rest – Regulation 2.3 A.2.3.02 Confirmation that the records of hours of work or rest are kept up to date in accordance with set national requirements Document: Work schedule, Record of hours of work/rest Requirement: Each Member shall within the limits set out in paragraphs 5 to 8 of this Standard fix either a maximum number of hours of work which shall not be exceeded in a given period of time, or a minimum number of hours of rest which shall be provided in a given period of time. A.2.3.05 Verification that the limits of work and rest have not been exceeded or, the case need be, that a record of suspension of the schedule has been noted in the logbook. Document: Record of hours of work, work schedule, SEA Requirement: The limits on hours of work or rest shall be as follows: (a) maximum hours of work shall not exceed: (i) 14 hours in any 24-hour period; and (ii) 72 hours in any seven-day period; or (b) minimum hours of rest shall not be less than: (i) ten hours in any 24-hour period; and (ii) 77 hours in any seven-day period. Comment: Standards should be based on an eight-hour day with one day of rest per week and rest on public holidays. However, this shall not prevent the Member from having procedures to authorize or register a collective agreement which determines seafarers’ normal working hours on a basis no less favourable than Standard A2.3.1. Guideline B2.2.2.1.b* For the purpose of calculating overtime, the number of normal hours per week covered by the basic pay or wages should be prescribed by national laws or regulations, if not determined by collective agreements, but should not exceed 48 hours per week; collective agreements may provide for a different but not less favourable treatment; * Part B Guidelines are not mandatory part of Maritime Labour Convention. Their intention is to help the Flag States to establish the system which is adequate to implement the responsibilities under Part A of the respective Guideline. The Flag States will define their national requirements related to Maritime labour Convention in DMLC part I. FS/PS Guidelines: Up to date records of work or rest, as required under national standards, for each seafarer serving on the ship.

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Documents (the SEA or the relevant collective agreement and other documents, such as the bridge and engine room logbooks, that can also be checked) to confirm that: – minimum hours of rest are not less than ten hours in any 24-hour period, and 7 hours in any seven-day period; – or, if the relevant national law relates to hours of work, the maximum hours of work does not exceed 14 hours in any 24-hour period and 72 hours in any seven-day period. A.2.3.06 Verification that hours of rest are not divided into more than two periods, and the interval between consecutive periods of rest is not exceeding 14 hours. Document: Record of hours of work or rest Requirement: Hours of rest may be divided into no more than two periods, one of which shall be at least six hours in length, and the interval between consecutive periods of rest shall not exceed 14 hours. A.2.3.07 Verification that the musters, fire fighting lifeboat drills and other prescribed drills are conducted in a manner that minimizes the disturbance of rest periods and does not induce fatigue. Document: Log book Requirement: Musters, fire-fighting and lifeboat drills, and drills prescribed by national laws and regulations and by international instruments, shall be conducted in a manner that minimizes the disturbance of rest periods and does not induce fatigue. A.2.3.08 Verification that compensatory rest period are allowed if the normal period of rest is disturbed by call-outs to work, where applicable Document: Record of hours of work or rest Requirement: When a seafarer is on call, such as when a machinery space is unattended, the seafarer shall have an adequate compensatory rest period if the normal period of rest is disturbed by call-outs to work. A.2.3.10 Confirmation that a table of working arrangements is posted in an easily accessible place; Confirmation that the table of working arrangements complies with the national requirements for maximum hours of work or the minimum hours of rest. Document: Shipboard working arrangement

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Requirement: Each Member shall require the posting, in an easily accessible place, of a table with the shipboard working arrangements, which shall contain for every position at least: (a) the schedule of service at sea and service in port; and (b) the maximum hours of work or the minimum hours of rest required by national laws or regulations or applicable collective agreements. FS Guidelines: A standardized table for shipboard working arrangements shall be developed by the FS An approved standardized table of shipboard working arrangements setting out the national requirements for maximum hours of work or the minimum hours of rest and the schedule for service at sea and in port, which should be posted in an easily accessible place on the ship (the table of working arrangements or schedule in the working language or languages of the ship and in English). A.2.3.11 Verification that the table of working arrangement is under the approved format and requested languages (working languages and English) Document: Shipboard working arrangement Requirement: The table referred to in paragraph 10 of this Standard shall be established in a standardized format in the working language or languages of the ship and in English. A.2.3.12 Confirmation that the records for hours of work or rest are under an approved standard Document: Record of hours of work or rest Requirement: Each Member shall require that records of seafarers’ daily hours of work or of their daily hours of rest be maintained to allow monitoring of compliance with paragraphs 5 to 11 of this Standard. The records shall be in a standardized format established by the competent authority taking into account any available guidelines of the International Labour Organization or shall be in any standard format prepared by the Organization. They shall be in the languages required by paragraph 11 of this Standard. The seafarers shall receive a copy of the records pertaining to them which shall be endorsed by the master, or a person authorized by the master, and by the seafarers. Comment: Special requirements apply to young seafarers under the age of 18

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Guideline B2.3.1* – Young seafarers 1. At sea and in port the following provisions should apply to all young seafarers under the age of 18: (a) working hours should not exceed eight hours per day and 40 hours per week and overtime should be worked only where unavoidable for safety reasons; (b) sufficient time should be allowed for all meals, and a break of at least one hour for the main meal of the day should be assured; and (c) a 15-minute rest period as soon as possible following each two hours of continuous work should be allowed. 2. Exceptionally, the provisions of paragraph 1 of this Guideline need not be applied if: (a) they are impracticable for young seafarers in the deck, engine room and catering departments assigned to watchkeeping duties or working on a rostered shiftwork system; or (b) the effective training of young seafarers in accordance with established programmes and schedules would be impaired. 3. Such exceptional situations should be recorded, with reasons, and signed by the master. * Part B Guidelines are not mandatory part of Maritime Labour Convention. Their intention is to help the Flag States to establish the system which is adequate to implement the responsibilities under Part A of the respective Guideline. The Flag States will define their national requirements related to Maritime labour Convention in DMLC part I

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SAFETY AT WORK

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3.7 – Manning levels

Manning levels (Reg. 2.7)

Basic requirements • Ship must have a sufficient number of seafarers employed on board to ensure that ships are operated safely, efficiently and with due regard to security under all conditions, taking into account concerns about fatigue and the particular nature and conditions of voyage. • Ship must comply with the manning levels listed on the Safe Manning Document (SMD) or equivalent issued by the competent authority (Standard A2.7, paragraph 1).

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7. Manning levels for the ship – Regulation 2.7 A.2.7.1 Confirmation that the ship is manned according to the safe manning certificate Document: Safe Manning, STCW certificates Requirement: Each Member shall require that all ships that fly its flag have a sufficient number of seafarers on board to ensure that ships are operated safely, efficiently and with due regard to security. Every ship shall be manned by a crew that is adequate, in terms of size and qualifications, to ensure the safety and security of the ship and its personnel, under all operating conditions, in accordance with the minimum safe manning document or an equivalent issued by the competent authority, and to comply with the standards of this Convention. FS/PS Guidelines: Crew list to ascertain number, category (such as cooks and those responsible for food preparation and those who are responsible for medical care) and qualifications of seafarers working on board. A.2.7.2 Verification that safe manning requirements are being implemented Document: Safe Manning, Shipboard working arrangement Requirement: When determining, approving or revising manning levels, the competent authority shall take into account the need to avoid or minimize excessive hours of work to ensure sufficient rest and to limit fatigue, as well as the principles in applicable international instruments (especially those of the International Maritime Organization) on manning levels. A.2.7.3 Confirmation that the catering department is adequate with regards to the number of seafarers working on board Document: Crew List, Safe Manning Requirement: When determining manning levels, the competent authority shall take into account all the requirements within Regulation 3.2 and Standard A3.2 concerning food and catering.

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3.8 – Accommodation

Accommodation and recreational facilities (Reg. 3.1)

Basic requirements • Ships must be in compliance with the minimum standards established by the MLC, 2006, providing and maintaining decent accommodation and recreational facilities for seafarers working or living on ships, or both, consistent with promoting seafarers’ health and well-being. • Seafarer accommodation must be safe and decent and must meet national requirements implementing the MLC, 2006 (Standard A3.1, paragraph 1). • Frequent inspections of seafarer accommodation areas are carried out by the master or a designate (Standard A3.1, paragraph 18) and are recorded and the records are available for review.

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For ships coming into service: ILO FS Guidelines 2.1.1(38) - The purpose of the minimum requirements in Regulation 3.1 and Standard A3.1 is to ensure that seafarers have decent accommodation and recreational facilities on board ship. In many cases, the requirements are directed specifically at matters affecting ship design and construction (e.g. cabin size, location, etc.) and equipment. The provisions in this part of the MLC, 2006, are very detailed and it was recognized that, in some cases, a strict application of these requirements may not be possible on ships that are already in existence or are below a certain size or on certain categories of ships. In addition, it was recognized that there is a need to take account, without discrimination, of the interests of seafarers with differing and distinctive religious and social practices. Exemptions or variations can only be granted after consultation with the shipowners’ and seafarers’ organizations concerned. Exemptions must be noted in Part I of the DMLC. It is also advisable to note variations. For ships that were in existence before entry into force of the MLC, 2006, for the flag State: ILO FS Guidelines 2.1.1(39) - Regulation 3.1, paragraph 2, provides that the requirements in the Code that relate to ship construction and equipment apply only to ships constructed on or after the date when the MLC, 2006, comes into force for the flag State. ILO FS Guidelines 2.1.1(40) - For ships constructed before the entry into force date, the requirements relating to ship construction and equipment that are set out in earlier ILO Conventions apply to the extent that they were already applicable under the law or practice of the Member concerned (see paragraphs 90 to 92 below).

ILO FS Guidelines 2.1.1(41) - All other requirements in the MLC, 2006 (as implemented nationally), including those in Standard A3.1, that are not related to ship construction and equipment will still apply to these ships. • Account must be taken of any national provisions that may have been adopted (see Chapter 2 of these guidelines) with respect to this issue. These ships will still need to be inspected in connection with seafarers’ accommodation and recreational facilities to verify that the ship: • meets the standards set out in either ILO Conventions Nos 92, 133, 147 or the Protocol of 1996 to Convention No. 147 (if applicable in the flag State); and/or • provides and maintains decent accommodation and recreational facilities for seafarers working or living on board, or both, consistent with promoting the seafarers’ health and well-being in accordance with national legislation.

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ILO FS Guidelines 2.1.1(44) - Variations are permitted on condition that they do not result in overall facilities less favourable than those which would result from the application of this Standard A3.1 (Standard A3.1, paragraph 19). In addition, evaluation of the quality and appropriateness of food provisions on the ship needs to take account of differing cultural and religious backgrounds (Regulation 3.2, paragraph 1).

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8. Accommodation – Regulation 3.1 A.3.1.01.a Verification that seafarer accommodation or recreational facilities are maintained in a clean and tidy condition. Requirement: Each Member shall adopt laws and regulations requiring that ships that fly its flag meet minimum standards for safe and decent living accommodation and recreational facilities for seafarers who are required to live on board; A.3.1.03.b Confirmation that any modification of the accommodation plans and drawings have been approved. Document: Accommodation drawings Requirement: The inspections required under Regulation 5.1.4 shall be carried out when the seafarer accommodation on a ship has been substantially altered. A.3.1.04 a to f Confirmation by master that accommodation condition has not been substantially altered for the time of last inspection. Document: Accommodation drawings Requirement: The competent authority shall pay particular attention to ensuring implementation of the requirements of this Convention relating to: (a) the size of rooms and other accommodation spaces; (b) heating and ventilation; (c) noise and vibration and other ambient factors; (d) sanitary facilities; (e) lighting; and (f) hospital accommodation.

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A.3.1.06.b Verification as far as practicable that insulation in living accommodation is in satisfactory condition Document: Accommodation drawings Requirement: With respect to general requirements for living accommodation, the accommodation shall be adequately insulated Guideline B3.1.1.2* Sleeping rooms, mess rooms, recreation rooms and alleyways in the accommodation space should be adequately insulated to prevent condensation or overheating. Guideline B3.1.1.1* External bulkheads of sleeping rooms and mess rooms should be adequately insulated. All machinery casings and all boundary bulkheads of galleys and other spaces in which heat is produced should be adequately insulated where there is a possibility of resulting heat effects in adjoining accommodation or passageways. Measures should also be taken to provide protection from heat effects of steam or hot-water service pipes or both. * Part B Guidelines are not mandatory part of Maritime Labour Convention. Their intention is to help the Flag States to establish the system which is adequate to implement the responsibilities under Part A of the respective Guideline. The Flag States will define their national requirements related to Maritime labour Convention in DMLC part I.. A.3.1.06.f Confirmation that the internal bulkheads, panelling and sheeting, floors and joining are in satisfactory condition Document: Accommodation drawings Requirement: With respect to general requirements for living accommodation the materials used to construct internal bulkheads, panelling and sheeting, floors and joining shall be suitable for the purpose and conducive to ensuring a healthy environment Guideline B3.1.1.3 The bulkhead surfaces and deckheads should be of material with a surface easily kept clean. No form of construction likely to harbour vermin should be used. Guideline B3.1.1.4 The bulkhead surfaces and deckheads in sleeping rooms and mess rooms should be capable of being easily kept clean and light in colour with a durable, nontoxic finish. Guideline B3.1.1.5* The decks in all seafarer accommodation should be of approved material and construction and should provide a non-slip surface impervious to damp and easily kept clean.

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Guideline B3.1.1.6* Where the floorings are made of composite materials, the joints with the sides should be profiled to avoid crevices. * Part B Guidelines are not mandatory part of Maritime Labour Convention. Their intention is to help the Flag States to establish the system which is adequate to implement the responsibilities under Part A of the respective Guideline. The Flag States will define their national requirements related to Maritime labour Convention in DMLC part I. A.3.1.06.g Confirmation that lighting and drainage are satisfactory in the accommodations Document: Accommodation drawings Requirement: With respect to general requirements for living accommodation proper lighting and sufficient drainage shall be provided Guideline B3.1.4* – Lighting 1. In all ships, electric light should be provided in the seafarer accommodation. If there are not two independent sources of electricity for lighting, additional lighting should be provided by properly constructed lamps or lighting apparatus for emergency use. 2. In sleeping rooms an electric reading lamp should be installed at the head of each berth. 3. Suitable standards of natural and artificial lighting should be fixed by the competent authority. * Part B Guidelines are not mandatory part of Maritime Labour Convention. Their intention is to help the Flag States to establish the system which is adequate to implement the responsibilities under Part A of the respective Guideline. The Flag States will define their national requirements related to Maritime labour Convention in DMLC part I A.3.1.06.h Verification that measures taken to limit noise and vibrations and other ambient factors are satisfactory. Requirement: With respect to general requirements for living accommodation: accommodation and recreational and catering facilities shall meet the requirements in Regulation 4.3, and the related provisions in the Code, on health and safety protection and accident prevention, with respect to preventing the risk of exposure to hazardous levels of noise and vibration and other ambient factors and chemicals on board ships and to provide an acceptable occupational and on-board living environment for seafarers.

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B3.1.12 – Prevention of noise and vibration 1. Accommodation and recreational and catering facilities should be located as far as practicable from the engines, steering gear rooms, deck winches, ventilation, heating and air-conditioning equipment and other noisy machinery and apparatus. 2. Acoustic insulation or other appropriate sound-absorbing materials should be used in the construction and finishing of bulkheads, deckheads and decks within the sound-producing spaces as well as self-closing noise-isolating doors for machinery spaces. 3. Engine rooms and other machinery spaces should be provided, wherever practicable, with soundproof centralized control rooms for engine-room personnel. Working spaces, such as the machine shop, should be insulated, as far as practicable, from the general engine-room noise and measures should be taken to reduce noise in the operation of machinery. 4. The limits for noise levels for working and living spaces should be in conformity with the ILO international guidelines on exposure levels, including those in the ILO code of practice entitled Ambient factors in the workplace, 2001, and, where applicable, the specific protection recommended by the International Maritime Organization, and with any subsequent amending and supplementary instruments for acceptable noise levels on board ships. A copy of the applicable instruments in English or the working language of the ship should be carried on board and should be accessible to seafarers. 5. No accommodation or recreational or catering facilities should be exposed to excessive vibration. A.3.1.07.a Confirmation that ventilation in sleeping rooms and mess rooms is satisfactory Document: Accommodation drawings Requirement: With respect to requirements for ventilation and heating: (a) Sleeping rooms and mess rooms shall be adequately ventilated; (b) ships, except those regularly engaged in trade where template climatic

conditions do not require this, shall be equipped with air conditioning for seafarer accommodation, for any separate radio room and for any centralized machinery control room;

(c) all sanitary spaces shall have ventilation to the open air, independently of any other part of the accommodation; and

(d) adequate heat through an appropriate heating system Guideline B3.1.2.1 The system of ventilation for sleeping rooms and mess rooms should be controlled so as to maintain the air in a satisfactory condition and to ensure a sufficiency of air movement in all conditions of weather and climate. * Part B Guidelines are not mandatory part of Maritime Labour Convention. Their intention is to help the Flag States to establish the system which is adequate to implement the responsibilities under Part A of the respective Guideline. The Flag States will define their national requirements related to Maritime labour Convention in DMLC part I

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A.3.1.07.b Confirmation that the air conditioning system is in satisfactory condition Document: Accommodation drawings Requirement: With respect to requirements for ventilation and heating: ships, except those regularly engaged in trade where temperate climatic conditions do not require this, shall be equipped with air conditioning for seafarer accommodation, for any separate radio room and for any centralized machinery control room For ships of less than 200GRT exemptions may apply. (ref to DMLC Part I) Exemption may apply for ships engaged in a trade where temperate climatic conditions do not require this Guideline B3.1.2.2* Air-conditioning systems, whether of a centralized or individual unit type, should be designed to: (a) maintain the air at a satisfactory temperature and relative humidity as compared to outside air conditions, ensure a sufficiency of air changes in all air-conditioned spaces, take account of the particular characteristics of operations at sea and not produce excessive noises or vibrations; and (b) facilitate easy cleaning and disinfection to prevent or control the spread of disease. * Part B Guidelines are not mandatory part of Maritime Labour Convention. Their intention is to help the Flag States to establish the system which is adequate to implement the responsibilities under Part A of the respective Guideline. The Flag States will define their national requirements related to Maritime labour Convention in DMLC part I. A.3.1.07.c Confirmation that ventilation in sanitary spaces is satisfactory Document: Accommodation drawings Requirement: With respect to requirements for ventilation and heating: all sanitary spaces shall have ventilation to the open air, independently of any other part of the accommodation; A.3.1.07.d Verification, as far as applicable and practicable, that the heating system is in satisfactory condition (including the shielding of heating devices) Document: Accommodation drawings Requirement: With respect to requirements for ventilation and heating: adequate heat through an appropriate heating system shall be provided, except in ships exclusively on voyages in tropical climates.

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Comment: Ships operating exclusively on voyages in tropical climates may be exempt from this requirement Guideline B3.1.3* – Heating 1. The system of heating the seafarer accommodation should be in operation at all times when seafarers are living or working on board and conditions require its use. 2. In all ships in which a heating system is required, the heating should be by means of hot water, warm air, electricity, steam or equivalent. However, within the accommodation area, steam should not be used as a medium for heat transmission. The heating system should be capable of maintaining the temperature in seafarer accommodation at a satisfactory level under normal conditions of weather and climate likely to be met within the trade in which the ship is engaged. The competent authority should prescribe the standard to be provided. 3. Radiators and other heating apparatus should be placed and, where necessary, shielded so as to avoid risk of fire or danger or discomfort to the occupants. * Part B Guidelines are not mandatory part of Maritime Labour Convention. Their intention is to help the Flag States to establish the system which is adequate to implement the responsibilities under Part A of the respective Guideline. The Flag States will define their national requirements related to Maritime labour Convention in DMLC part I A.3.1.08 Confirmation that lighting in sleeping rooms and mess rooms is in satisfactory condition. Document: Accommodation drawings Requirement: With respect to requirements for lighting, subject to such special arrangements as may be permitted in passenger ships, sleeping rooms and mess rooms shall be lit by natural light and provided with adequate artificial light. Guideline B3.1.4.2* In sleeping rooms an electric reading lamp should be installed at the head of each berth. Guideline B3.1.4.3* Suitable standards of natural and artificial lighting should be fixed by the competent authority. * Part B Guidelines are not mandatory part of Maritime Labour Convention. Their intention is to help the Flag States to establish the system which is adequate to implement the responsibilities under Part A of the respective Guideline. The Flag States will define their national requirements related to Maritime labour Convention in DMLC part I

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A.3.1.09.a Verification through documentary evidence that individual sleeping room are provided for each seafarer, where applicable. Document: Crew List, DMLC I Requirement: With respect to requirements for sleeping rooms: (a) in ships other than passenger ships an individual sleeping room shall be provided for each seafarer; in the case of ships of less than 3,000 gross tonnage or special purpose ships, exemptions from this requirement may be granted by the competent authority after consultation with the shipowners’ and seafarers’ organizations concerned Comment: Possible exemption for ships of less than 3,000GT or special purpose ships (See DMLC I) (A.3.1.9.g) In ships of less than 3,000GRT SR may be occupied by a maximum of two seafarers (A.3.1.9.h) A.3.1.09.b Confirmation that men and women are given the possibility to use separate sleeping rooms, as applicable Document: Crew List Requirement: With respect to requirements for sleeping rooms: separate sleeping rooms shall be provided for men and for women; A.3.1.09.c Verification that sleeping rooms are in satisfactory condition Document: Accommodation drawings Requirement: With respect to requirements for sleeping rooms: sleeping rooms shall be of adequate size and properly equipped so as to ensure reasonable comfort and to facilitate tidiness Guideline B3.1.5* – Sleeping rooms 1. There should be adequate berth arrangements on board, making it as comfortable as possible for the seafarer and any partner who may accompany the seafarer. 2. Where the size of the ship, the activity in which it is to be engaged and its layout make it reasonable and practicable, sleeping rooms should be planned and equipped with a private bathroom, including a toilet, so as to provide reasonable comfort for the occupants and to facilitate tidiness. 3. As far as practicable, sleeping rooms of seafarers should be so arranged that watches are separated and that no seafarers working during the day share a room with watchkeepers. 4. In the case of seafarers performing the duty of petty officers there should be no more than two persons per sleeping room.

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5. Consideration should be given to extending the facility referred to in Standard A3.1, paragraph 9(m), to the second engineer officer when practicable. 6. Space occupied by berths and lockers, chests of drawers and seats should be included in the measurement of the floor area. Small or irregularly shaped spaces which do not add effectively to the space available for free movement and cannot be used for installing furniture should be excluded. 7. Berths should not be arranged in tiers of more than two; in the case of berths placed along the ship’s side, there should be only a single tier where a sidelight is situated above a berth. 8. The lower berth in a double tier should be not less than 30 centimetres above the floor; the upper berth should be placed approximately midway between the bottom of the lower berth and the lower side of the deckhead beams. 9. The framework and the lee-board, if any, of a berth should be of approved material, hard, smooth, and not likely to corrode or to harbour vermin. 10. If tubular frames are used for the construction of berths, they should be completely sealed and without perforations which would give access to vermin. 11. Each berth should be fitted with a comfortable mattress with cushioning bottom or a combined cushioning mattress, including a spring bottom or a spring mattress. The mattress and cushioning material used should be made of approved material. Stuffing of material likely to harbour vermin should not be used. 12. When one berth is placed over another, a dust-proof bottom should be fitted beneath the bottom mattress or spring bottom of the upper berth. * Part B Guidelines are not mandatory part of Maritime Labour Convention. Their intention is to help the Flag States to establish the system which is adequate to implement the responsibilities under Part A of the respective Guideline. The Flag States will define their national requirements related to Maritime labour Convention in DMLC part I A.3.1.09.d Confirmation that separate berth are provided for each seafarer. Document: Crew List Requirement: With respect to requirements for sleeping rooms: a separate berth for each seafarer shall in all circumstances be provided; A.3.1.09.e Confirmation that bedding and sleeping rooms' furniture are in satisfactory condition Requirement: With respect to requirements for sleeping rooms: the minimum inside dimensions of a berth shall be at least 198 centimetres by 80 centimetres; Guideline B3.1.5.7.* Berths should not be arranged in tiers of more than two; in the case of berths placed along the ship’s side, there should be only a single tier where a sidelight is situated above a berth.

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Guideline B3.1.5.8.* The lower berth in a double tier should be not less than 30 centimetres above the floor; the upper berth should be placed approximately midway between the bottom of the lower berth and the lower side of the deckhead beams. Guideline B3.1.5.9.* The framework and the lee-board, if any, of a berth should be of approved material, hard, smooth, and not likely to corrode or to harbour vermin. Guideline B3.1.5.10.* If tubular frames are used for the construction of berths, they should be completely sealed and without perforations which would give access to vermin. Guideline B3.1.5.11.* Each berth should be fitted with a comfortable mattress with cushioning bottom or a combined cushioning mattress, including a spring bottom or a spring mattress. The mattress and cushioning material used should be made of approved material. Stuffing of material likely to harbour vermin should not be used. (Ref. DMLC Part I) Guideline B3.1.5.12.* When one berth is placed over another, a dust-proof bottom should be fitted beneath the bottom mattress or spring bottom of the upper berth. * Part B Guidelines are not mandatory part of Maritime Labour Convention. Their intention is to help the Flag States to establish the system which is adequate to implement the responsibilities under Part A of the respective Guideline. The Flag States will define their national requirements related to Maritime labour Convention in DMLC part I A.3.1.09.n Verification that clothes locker and drawer are in satisfactory condition Requirement: With respect to requirements for sleeping rooms:for each occupant, the furniture shall include a clothes locker of ample space (minimum 475 litres) and a drawer or equivalent space of not less than 56 litres; if the drawer is incorporated in the clothes locker then the combined minimum volume of the clothes locker shall be 500 litres; it shall be fitted with a shelf and be able to be locked by the occupant so as to ensure privacy; Guideline B3.1.10* – Bedding, mess utensils and miscellaneous provisions 1. Each Member should consider applying the following principles: (a) clean bedding and mess utensils should be supplied by the shipowner to all seafarers for use on board during service on the ship, and such seafarers should be responsible for their return at times specified by the master and on completion of service in the ship;

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(b) bedding should be of good quality, and plates, cups and other mess utensils should be of approved material which can be easily cleaned; and (c) towels, soap and toilet paper for all seafarers should be provided by the shipowner. * Part B Guidelines are not mandatory part of Maritime Labour Convention. Their intention is to help the Flag States to establish the system which is adequate to implement the responsibilities under Part A of the respective Guideline. The Flag States will define their national requirements related to Maritime labour Convention in DMLC part I A.3.1.09.o Verification that table or desk and seating in sleeping rooms are in satisfactory condition. Requirement: With respect to requirements for sleeping rooms: each sleeping room shall be provided with a table or desk, which may be of the fixed, drop-leaf or slide-out type, and with comfortable seating accommodation as necessary. Guideline B.3.1.4.2* In sleeping rooms an electric reading lamp should be installed at the head of each berth. Guideline B.3.1.5.13.* The furniture should be of smooth, hard material not liable to warp or corrode. Guideline B.3.1.5.14.* Sleeping rooms should be fitted with curtains or equivalent for the sidelights. Guideline B.3.1.5.15.* Sleeping rooms should be fitted with a mirror, small cabinets for toilet requisites, a book rack and a sufficient number of coat hooks. * Part B Guidelines are not mandatory part of Maritime Labour Convention. Their intention is to help the Flag States to establish the system which is adequate to implement the responsibilities under Part A of the respective Guideline. The Flag States will define their national requirements related to Maritime labour Convention in DMLC part I

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A.3.1.10.a Confirmation that mess rooms are in satisfactory condition Document: Accommodation drawings, DMLC I Requirement: With respect to requirements for mess rooms: mess rooms shall be located apart from the sleeping rooms and as close as practicable to the galley; ships of less than 3,000 gross tonnage may be exempted by the competent authority from this requirement after consultation with the shipowners’ and seafarers’ organizations concerned; A.3.1.10.b Confirmation that mess rooms have a sufficient number of tables and seating for the greatest number of seafarers likely to be using the mess rooms at any one time. Confirmation that equipment, facilities and furniture in mess rooms are in satisfactory condition. Document: Crew List, Accommodation drawings Requirement: With respect to requirements for mess rooms mess rooms shall be of adequate size and comfort and properly furnished and equipped (including ongoing facilities for refreshment), taking account of the number of seafarers likely to use them at any one time; provision shall be made for separate or common mess room facilities as appropriate. Guideline B3.1.6.1.* Mess room facilities may be either common or separate. The decision in this respect should be taken after consultation with seafarers’ and shipowners’ representatives and subject to the approval of the competent authority. Account should be taken of factors such as the size of the ship and the distinctive cultural, religious and social needs of the seafarers. Guideline B3.1.6.2.* Where separate mess room facilities are to be provided to seafarers, then separate mess rooms should be provided for: (a) master and officers; and (b) petty officers and other seafarers. Guideline B3.1.6.3.* On ships other than passenger ships, the floor area of mess rooms for seafarers should be not less than 1.5 square metres per person of the planned seating capacity. Guideline B3.1.6.4.* In all ships, mess rooms should be equipped with tables and appropriate seats, fixed or movable, sufficient to accommodate the greatest number of seafarers likely to use them at any one time.

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Guideline B3.1.6.5.* There should be available at all times when seafarers are on board: (a) a refrigerator, which should be conveniently situated and of sufficient capacity for the number of persons using the mess room or mess rooms; (b) facilities for hot beverages; and (c) cool water facilities. Guideline B3.1.6.6.* Where available pantries are not accessible to mess rooms, adequate lockers for mess utensils and proper facilities for washing utensils should be provided. Guideline B3.1.6.7.* The tops of tables and seats should be of damp-resistant material. Guideline B3.1.10* – Bedding, mess utensils and miscellaneous provisions 1. Each Member should consider applying the following principles: (a) clean bedding and mess utensils should be supplied by the shipowner to all seafarers for use on board during service on the ship, and such seafarers should be responsible for their return at times specified by the master and on completion of service in the ship; (b) bedding should be of good quality, and plates, cups and other mess utensils should be of approved material which can be easily cleaned; and (c) towels, soap and toilet paper for all seafarers should be provided by the shipowner. * Part B Guidelines are not mandatory part of Maritime Labour Convention. Their intention is to help the Flag States to establish the system which is adequate to implement the responsibilities under Part A of the respective Guideline. The Flag States will define their national requirements related to Maritime labour Convention in DMLC part I A.3.1.11.a Verification that sanitary facilities are clean and in satisfactory condition; Confirmation that separate sanitary facilities are provided for men and women, as applicable. Document: Crew List Requirement: With respect to requirements for sanitary facilities: all seafarers shall have convenient access on the ship to sanitary facilities meeting minimum standards of health and hygiene and reasonable standards of comfort, with separate sanitary facilities being provided for men and for women;

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A.3.1.11.b Verification that the sanitary facility within the navigating bridge and engine control room are in satisfactory condition, where fitted Document: DMLC I Requirement: With respect to requirements for sanitary facilities: there shall be sanitary facilities within easy access of the navigating bridge and the machinery space or near the engine room control centre; ships of less than 3,000 gross tonnage may be exempted by the competent authority from this requirement after consultation with the shipowners’ and seafarers’ organizations concerned Comment: Exemption may apply to ships of less than 3,000 GRT (refer to DMLC Part I) Guideline B3.1.9* - Where separate facilities for engine department personnel to change their clothes are provided, they should be: (a) located outside the machinery space but with easy access to it; and (b) fitted with individual clothes lockers as well as with tubs or showers or both and washbasins having hot and cold running fresh water. * Part B Guidelines are not mandatory part of Maritime Labour Convention. Their intention is to help the Flag States to establish the system which is adequate to implement the responsibilities under Part A of the respective Guideline. The Flag States will define their national requirements related to Maritime labour Convention in DMLC part I A.3.1.11.c Verification that a minimum of one toilet, one wash basin and one tub or shower or both for every six persons or less who do not have personal facilities is available and in satisfactory condition, where applicable Document: Crew List, Accommodation drawings Requirement: With respect to requirements for sanitary facilities: in all ships a minimum of one toilet, one wash basin and one tub or shower or both for every six persons or less who do not have personal facilities shall be provided at a convenient location; Guideline B3.1.7.1* Washbasins and tub baths should be of adequate size and constructed of approved material with a smooth surface not liable to crack, flake or corrode. Guideline B3.1.7.2* All toilets should be of an approved pattern and provided with an ample flush of water or with some other suitable flushing means, such as air, which are available at all times and independently controllable.

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Guideline B3.1.7.3* Sanitary accommodation intended for the use of more than one person should comply with the following: (a) floors should be of approved durable material, impervious to damp, and should be properly drained; (b) bulkheads should be of steel or other approved material and should be watertight up to at least 23 centimetres above the level of the deck; (c) the accommodation should be sufficiently lit, heated and ventilated; (d) toilets should be situated convenient to, but separate from, sleeping rooms and wash rooms, without direct access from the sleeping rooms or from a passage between sleeping rooms and toilets to which there is no other access; this requirement does not apply where a toilet is located in a compartment between two sleeping rooms having a total of not more than four seafarers; and (e) where there is more than one toilet in a compartment, they should be sufficiently screened to ensure privacy. * Part B Guidelines are not mandatory part of Maritime Labour Convention. Their intention is to help the Flag States to establish the system which is adequate to implement the responsibilities under Part A of the respective Guideline. The Flag States will define their national requirements related to Maritime labour Convention in DMLC part I A.3.1.11.d Verification that washbasin and/or private bathroom have hot and cold running fresh water Requirement: With respect to requirements for sanitary facilities: with the exception of passenger ships, each sleeping room shall be provided with a washbasin having hot and cold running fresh water, except where such a washbasin is situated in the private bathroom provided; A.3.1.11.f Verification that hot and cold running fresh water is available with sufficient pressure. Requirement: With respect to requirements for sanitary facilities: Hot and cold running fresh water shall be available in all wash places. A.3.1.12 Verification that, if required, ship is equipped with hospital used exclusively for medical purpose Requirement: With respect to requirements for hospital accommodation, ships carrying 15 or more seafarers and engaged in a voyage of more than three days’ duration shall provide separate hospital accommodation to be used exclusively for medical purposes; the competent authority may relax this requirement for ships engaged in coastal trade; in approving on-board hospital accommodation, the competent authority shall ensure that the accommodation will, in all weathers, be easy of access, provide comfortable housing for the occupants and be conducive to their receiving prompt and proper attention.

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A.3.1.13 Verification that laundry facilities and equipment are in satisfactory condition Document: Accommodation drawings Requirement: Appropriately situated and furnished laundry facilities shall be available. Guideline B3.1.7.4* The laundry facilities provided for seafarers’ use should include: (a) washing machines; (b) drying machines or adequately heated and ventilated drying rooms; and (c) irons and ironing boards or their equivalent. * Part B Guidelines are not mandatory part of Maritime Labour Convention. Their intention is to help the Flag States to establish the system which is adequate to implement the responsibilities under Part A of the respective Guideline. The Flag States will define their national requirements related to Maritime labour Convention in DMLC part I A.3.1.14 Confirmation that seafarers can have access to spaces of adequate area on open deck. Requirement: All ships shall have a space or spaces on open deck to which the seafarers can have access when off duty, which are of adequate area having regard to the size of the ship and of the number of seafarers on board. A.3.1.15 Verification that ship's offices (deck and/or machinery) are in satisfactory condition, if applicable. Document: Accommodation drawings, DMLC I Requirement: All ships shall be provided with separate offices or a common ship’s office for use by deck and engine departments; ships of less than 3,000 gross tonnage may be exempted by the competent authority from this requirement after consultation with the shipowners’ and seafarers’ organizations concerned. Guideline B3.1.9* – Other facilities (Ref. DMLC partI) 1. Where separate facilities for engine department personnel to change their clothes are provided, they should be: (a) located outside the machinery space but with easy access to it; and (b) fitted with individual clothes lockers as well as with tubs or showers or both and washbasins having hot and cold running fresh water.

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* Part B Guidelines are not mandatory part of Maritime Labour Convention. Their intention is to help the Flag States to establish the system which is adequate to implement the responsibilities under Part A of the respective Guideline. The Flag States will define their national requirements related to Maritime labour Convention in DMLC part I A.3.1.16 Verification that protection against mosquitoes is available, as appropriate. Requirement: Ships regularly trading to mosquito-infested ports shall be fitted with appropriate devices as required by the competent authority. A.3.1.18: Verification through documentary evidence that inspections of accommodation are performed at specified interval. Confirmation that due consideration is given to the findings, if any. Document: Inspection record Requirement: The competent authority shall require frequent inspections to be carried out on board ships, by or under the authority of the master, to ensure that seafarer accommodation is clean, decently habitable and maintained in a good state of repair. The results of each such inspection shall be re-corded and be available for review. A.3.1.19 Verification that physical facilities are provided and maintained for seafarers having differing and distinctive religious and social practices, if applicable Document: Crew List Requirement: In the case of ships where there is need to take account, without discrimination, of the interests of seafarers having differing and distinctive religious and social practices, the competent authority may, after consultation with the shipowners’ and seafarers’ organizations concerned, permit fairly applied variations in respect of this Standard on condition that such variations do not result in overall facilities less favourable than those which would result from the application of this Standard

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A.3.1.20 Verification that exemptions specified by competent authority on DMLC I are observed Document: DMLC I Requirement: Each Member may, after consultation with the shipowners’ and seafarers’ organizations concerned, exempt ships of less than 200 gross tonnage where it is reasonable to do so, in relation to the requirements of the provisions specified below, taking account of the size of the ship and the number of persons on board:(a) paragraphs 7(b), 11(d) and 13; paragraph 9(f) and (h) to (l), with respect to floor area only. R.3.1.1 Confirmation that accommodation spaces are being used for what they were intended for. Document: Accommodation drawings Requirement: Each Member shall ensure that ships that fly its flag provide and maintain decent living accommodations and recreational facilities for seafarers working or living on board, or both, consistent with promoting the seafarers’ health and well-being. Comment: Unless the country has provisions that differ from the Convention the conditions set out in the Code of Title 3 which relate to “construction and equipment” apply only to ships constructed on or after the date of entry into force of the MLC, 2006 for the country concerned. Requirements of ILO 92 & 133 relating to construction or equipment still apply to ships constructed before the MLC, 2006’s entry into force for the ship's flag, as far as the flag ratified these Conventions. If neither of those Conventions was previously applicable, the general requirement is that ships must have decent accommodation and recreational facilities that are consistent with promoting seafarers’ health and well-being.

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3.9 – On-board recreational facilities See accommodation above.

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9. On-board recreational facilities–Regulation 3.1 A.3.1.17 Verification that recreational facilities are maintained in a clean and tidy condition. Confirmation that amenities and services are available at no cost to seafarers Confirmation that seafarers on board have access to ship-to-shore telephone communications, e-mail and Internet facilities, where available. Confirmation through interview that seafarers' mail is handled in expeditious way Requirement: Appropriate seafarers’ recreational facilities, amenities and services, that take into account Regulation 4.3 and the associated Code provisions on health and safety protection and accident prevention, as adapted to meet the special needs of seafarers that must live and work on ships, shall be provided on board for the benefit of all seafarers. Comment: Noise and vibration are also areas that are inspected under Title 3. It is a matter of particular concern in connection with ship construction. When a ship is being constructed it should have adequate noise and vibration control built in. This may not be the case with the older ships, which may not be covered by the provisions on construction and equipment in Title 3.

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Guideline B3.1.11* – Recreational facilities, mail and ship visit arrangements 1. Recreational facilities and services should be reviewed frequently to ensure that they are appropriate in the light of changes in the needs of seafarers resulting from technical, operational and other developments in the shipping industry. 2. Furnishings for recreational facilities should as a minimum include a bookcase and facilities for reading, writing and, where practicable, games. 3. In connection with the planning of recreation facilities, the competent authority should give consideration to the provision of a canteen. 4. Consideration should also be given to including the following facilities at no cost to the seafarer, where practicable: (a) a smoking room; (b) television viewing and the reception of radio broadcasts; (c) showing of films, the stock of which should be adequate for the duration of the voyage and, where necessary, changed at reasonable intervals; (d) sports equipment including exercise equipment, table games and deck games; (e) where possible, facilities for swimming; (f) a library containing vocational and other books, the stock of which should be adequate for the duration of the voyage and changed at reasonable intervals; (g) facilities for recreational handicrafts; (h) electronic equipment such as a radio, television, video recorders, DVD/CD player, personal computer and software and cassette recorder/player; (i) where appropriate, the provision of bars on board for seafarers unless these are contrary to national, religious or social customs; and (j) reasonable access to ship-to-shore telephone communications, and email and Internet facilities, where available, with any charges for the use of these services being reasonable in amount. 5. Every effort should be given to ensuring that the forwarding of seafarers’ mail is as reliable and expeditious as possible. Efforts should also be considered for avoiding seafarers being required to pay additional postage when mail has to be readdressed owing to circumstances beyond their control. 6. Measures should be considered to ensure, subject to any applicable national or international laws or regulations, that whenever possible and reasonable seafarers are expeditiously granted permission to have their partners, relatives and friends as visitors on board their ship when in port. Such measures should meet any concerns for security clearances. 7. Consideration should be given to the possibility of allowing seafarers to be accompanied by their partners on occasional voyages where this is practicable and reasonable. Such partners should carry adequate insurance cover against accident and illness; the shipowners should give every assistance to the seafarer to effect such insurance.

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Guideline B3.1.5.1* There should be adequate berth arrangements on board, making it as comfortable as possible for the seafarer and any partner who may accompany the seafarer. * Part B Guidelines are not mandatory part of Maritime Labour Convention. Their intention is to help the Flag States to establish the system which is adequate to implement the responsibilities under Part A of the respective Guideline. The Flag States will define their national requirements related to Maritime labour Convention in DMLC part I

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3.10 – Food and catering

Food and catering (Reg. 3.2)

Basic requirements • Food and drinking water must be of appropriate quality, nutritional value and quantity, taking into account the requirements of the ship and the differing cultural and religious backgrounds of seafarers on the ship. • Food is to be provided free of charge to seafarers during the period of engagement. • Seafarers employed as ship’s cooks* with responsibility for preparing food must be trained and qualified for their positions. • Seafarers working as ship’s cooks must not be less than 18 years old (Standard A3.2, paragraph 8). • Frequent and documented inspections of food, water and catering facilities are carried out by the master or a designate (Standard A3.2, paragraph 7). * “Ship’s cook” means a seafarer with responsibility for food preparation (Regulation 3.2, paragraph 3; Standard A3.2, paragraphs 3 and 4).

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10. Food and catering – Regulation 3.2

A.3.2.2.a Verification that seafarers are provided with adequate, varied and nutritious meals taking into account the differing cultural and religious backgrounds; Confirmation that provisions are in satisfactory condition with no spoilage or unsanitary conditions in stowage or galley. Document: Drinking water analysis, Menu records Requirement: Each Member shall ensure that ships that fly its flag meet the following minimum standard: food and drinking water supplies, having regard to the number of seafarers on board, their religious requirements and cultural practices as they pertain to food, and the duration and nature of the voyage, shall be suitable in respect of quantity, nutritive value, quality and variety; A.3.2.2. Verification that seafarers are provided with onboard food free of charge Requirement: Seafarers on board a ship shall be provided with food free of charge during the period of engagement. A.3.2.2.b GALLEYS Confirmation that the catering equipment and facilities including food preparation areas and galleys are in satisfactory condition and adequate for preparing hot meals in all sea and weather conditions Verification that the shielding devices of naked flames are satisfactory (if applicable) Verification that the stowage of LPG bottles is satisfactory Verification of the galley's cleanliness, special attention being given on areas around furniture and appliances which are not flush with walls and floors Confirmation that furniture and accessories are made of a corrosion resistant material. Verification that the floor in galleys is in satisfactory condition and made of impervious material Verification that floor gutters and scuppers are in place and that water and grease traps are in satisfactory condition.

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Verification that the area available for washing-up is provided with a sink and supplied with hot and cold drinking water Confirmation that the fresh water hose connexion available for washing down is supplied. Verification and test of the lighting and ventilation Confirmation that grease traps in exhaust ducts, if any, are clean. Confirmation that the lighting is satisfactory DRY PROVISION STORE Confirmation that spaces for the storage of provisions are in satisfactory condition, clean and only used for that purpose Verification that the insulation is maintained in satisfactory condition, if applicable. Confirmation that shelves, bins and drawers are clean and in satisfactory condition Verification and test of the lighting and ventilation REEFER PROVISION STORES Confirmation that refrigerated provision rooms are in satisfactory condition, clean and only used for that purpose Confirmation that the insulation, refrigeration arrangements and machinery are in satisfactory condition and capable of maintaining the provisions at an adequate temperature at all time Confirmation that the lighting in the refrigerated chambers is satisfactory Verification that the doors can be opened from inside spaces Verification that the pushbutton installed inside the spaces activates an alarm easily noticed by the crew, when applicable FRESH WATER SUPPLY Confirmation that drinking is available at galleys and near the crew mess room Requirement: Each Member shall ensure that ships that fly its flag meet the following minimum standards: the organization and equipment of the catering department shall be such as to permit the provision to the seafarers of adequate, varied and nutritious meals prepared and served in hygienic conditions;

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A.3.2.6 Confirmation that a dispensation has been issued, permitting the non-fully qualified cook to serve in a specified ship for a specified limited period, if applicable Document: Cook dispensation Requirement: In circumstances of exceptional necessity, the competent authority may issue a dispensation permitting a non-fully qualified cook to serve in a specified ship for a specified limited period, until the next convenient port of call or for a period not exceeding one month, provided that the person to whom the dispensation is issued is trained or instructed in areas including food and personal hygene as well as handling and storage of food on board ship. A.3.2.7 Confirmation that frequent and documented inspections are carried out with respect to: - the supplies of food and drinking water - spaces and equipment used for the storage and handling of food and drinking water - galley and other equipment for the preparation and the service of meals Document:Inspection record Requirement: In accordance with the ongoing compliance procedures under Title 5, the competent authority shall require that frequent documented inspections be carried out on board ships, by or under the authority of the master with respect to: a) supplies of food and drinking water b) all spaces and equipment used for the storage and handling of food and drinking water; and c) galley and other equipment for the preparation and service of meals

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The following paragraph is a guideline intended to give additional information to shipowners with the aim of establishing a simple and efficient

system for control and management of food and water onboard. Some requirements are based on HACCAP (Hazard Analysis Critical Control Point) being an international standard specifying requirements for management of

activities related to food and water handling

Company documents Food and water To comply with the MLC regulation 3.2 – Food and Catering, §2 and §3 / Standard. The requirements from the competent authority, as presented in the DMLC Part 1, may differ from those expressed as shall always be taken as the reference for compliance. � The shipowner / ship should file printed or electronic copies of orders / invoices / receipts for food and drinking water supplies onboard, demonstrating their full participation to the food and drink costs in order to comply with Reg. 3.2 §2. To help the shipowner comply with the standards adopted by the competent authorities, as presented in the DMLC Part 1, for the quality and quantity of food and water onboard as required by the MLC 2006 Standard A.3.2 “Food and Catering”, §1 and §2 (a) (b). � The shipowner / ship should file printed or electronic copies of the food and drinking water consumption records. The provenance of food and water should be mentioned. Forms similar to those provided in Annex I and Annex II may be used A form similar to the one provided in Annex I may be used for this purpose. � These records may be presented in terms of descriptive statistics so that they provide a good / quick overview of the main trends regarding the different periods of the year as well as the different categories of aliments. � The ship should keep a daily updated document describing the food and water stocks along with the recommended consumption date for the perishable food on board. A form similar to the one provided in Annex I may be used for this purpose. � The ship should keep a monthly (or weekly) updated document describing the stock review of chemicals required for water treatment and conditioning. A form similar to the one provided in Annex I may be used for this purpose. To help the shipowner comply with the standards adopted by the competent authorities, as presented in the DMLC Part 1, for hygiene and food and water safety as required by the MLC 2006 Standard A.3.2 “Food and Catering”, §2 (b).

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� The ship owner and ship should make available, as part of its Safety Management System a food safety plan or equivalent document setting / describing the policies, risk management programmes, rules, procedures and other means engaged for food and water safety. � In the same way the ship owner and ship should make available a water safety plan or equivalent (See section 2.1 for more information). There may be a unique plan dealing with both food and water safety onboard. � The ship should make available onboard formatted documents for the reporting of hygiene related observation/issues for food and water safety. � The shipowner / ship should file printed or electronic copies of the reports dealing with hygiene related observations / issues in the view of enriching its quality management system. Forms similar to the one provided in Annex III may be used for this purpose.

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Maintenance / Inspection reports To help the shipowner comply with the standards adopted by the competent authorities, as presented in the DMLC Part 1, for the hygiene related inspections as required by the MLC 2006 Standard A.3.2 “Food and Catering”, §7 (a), (b) and (c). � As basic suggestion / general rule for the “frequent inspections” required by the § 7 of Standard A.3.2. , weekly inspections should be adopted unless otherwise specified by the requirements of the competent Authority as stated in the DMLC Part 1. Concerning the maintenance operations: � The ship should make available the maintenance plans for the galley, the food and catering equipment, drinking water production, treatment, and distribution systems. � The ship should keep record documents for the observations / issues highlighted during the maintenance of the galley, the food and catering equipment, drinking water production, treatment, and distribution systems (§ 7 (a), (b), (c)). A form similar to the one provided in Annex III may be used for this purpose. � Maintenance operations mentioned in the recommendation above include inspection, cleaning, flushing out, replacing items, for water tanks, filters, pumps, calorifiers, pressure tanks, etc. � More precisely, some critical maintenance items such as water quality analysis records / results (every 2 month, 6 months, after cleaning, 2 years, depending on the type of analysis required) should be filed and made available.

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Certificates, attestations Ship’s cook and catering personnel To help the shipowner comply with the standards adopted by the competent authorities, as presented in the DMLC Part 1, competences and qualifications of ship’s cook and catering personnel as required by the MLC 2006 Standard A3.2, §2, c) (for the catering personnel) and § 3 to 6 and 8 (for the ships’ cook). � The ship should have onboard training certificates for the cook and the catering personnel that should comply with the flag states regulations issued by one of the entities recognised by the competent authority or complying with the requirements for issuance of recognised certificated. � Unless otherwise specified in the requirements of the competent authority in DMLC Part 1: the certificates should show that the cook is at least 18 years old, that he/she is fully qualified; and the training of cook and the catering personnel should address the hygienic precautions for handling and preparing food as well as maintaining the galley and catering equipment. � The shipowner may not be required to provide the aforementioned certificates and attestations for the ship’s cook and catering personnel under certain circumstances as defined by the competent authorities through the MLC 2006 Standard A3.2, §4 and 5: “5. On ships operating with a prescribed manning of less than ten which, by virtue of the size of the crew or the trading pattern, may not be required by the competent authority to carry a fully qualified cook, anyone processing food in the galley shall be trained or instructed in areas including food and personal hygiene as well as handling and storage of food on board ship. 6. In circumstances of exceptional necessity, the competent authority may issue a dispensation permitting a non-fully qualified cook to serve in a specified ship for a specified limited period, until the next convenient port of call or for a period not exceeding one month, provided that the person to whom the dispensation is issued is trained or instructed in areas including food and personal hygiene as well as handling and storage of food on board ship.” Seafarers in charge of maintenance, inspection, etc. on hygiene facilities and equipment related to food or water hygiene. As far as hygiene is concerned, not only the cook and catering personnel should be trained on food and water safety but also seafarers in charge of the maintenance and inspection of facilities and equipment related to food and water hygiene. The guidance below aims to help the shipowner comply with the guideline B3.2.1, §2 (facilitation of the maintenance of a proper standard of hygiene).

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The ship should have onboard training certificates for seafarers in charge of laying or repairing pipes. The training should inter alia address the hygienic precautions for the aforementioned activities, and the detection of the personal symptoms indicating a potential waterborne disease. � The ship should have onboard training certificates for seafarers in charge of inspecting the drums and pumps. The training should address the identification of faults that may occur during these operations and may lead to a contamination of the drinking water. PREPARE PROCEDURES, TRAININGS, (PREVENTION) PLANS, POSTERS, SIGNAGE, ETC. Procedures, plans Food and water safety plans, risk management � In order to fulfil the requirements of the competent authority about food and water safety as defined in the DMLC Part 1 referring to MLC 2006 Standard A3.2 and Guideline B3.2, the shipowner is encouraged to set / develop / adopt a Food Safety Plan or Programme (FSP) as well as a Water Safety Plan (WSP) for dealing with all health and safety issues associated with food and catering onboard their ship(s). These plans are intended to provide the frameworks against which to audit respectively food safety and water safety onboard. � The elements of these plans are presented in various reference documents such as the Guidelines for Drinking Water Quality - Guide to Ship Sanitation (See ‘References” section) from the World Health Organisation (WHO); the ISO standard 22000 (See ‘References” section); or Bureau Veritas Guidance Note NI516 entitled Health Onboard Manual. They are based on the Hazard Analysis and Critical Control Points (HACCP) approach. � The shipowner may use another formalised support than the two afore mentioned programmes but in any case, it is recommended that it complies at least with the following main principles from HACCP as presented in the WHO guidelines (See ‘References” section):

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HACCP principles � Principle 1: Hazard analysis � Principle 2: Determine Control Points � Principle 3: Establish critical limits for each Critical Control Point (CCP) � Principle 4: Establish a monitoring system for each CCP � Principle 5: Establish corrective actions � Principle 6: Establish verification procedures � Principle 7: Establish documentation and record keeping Example of risk control measures for food and water safety � The following sub-sections provide examples of typical useful risk control measures that could be implemented in the food and water safety plans (see above section 2.1.1), policies, procedures, requirements, guidelines, etc. as quoted from the Annex of the standard ISO 22000 (see “References” section), and the Codex Alimentarius (see “References” section). Food and Water � As a general rule, a range of control measures that should be put in place in the food and water safety management plans in order to reduce the risk of food poisoning cover at least the three aspects below: � Personal Hygiene � Adequate and proper cleaning � Purchasing safe supplies and ensuring safe delivery Food � The shipowner should have a food stock management plan for recording / managing supplies versus consumptions and traceability of perishable food in particular. � The shipowner should have written procedures for checking that short-life perishable food, such as fruits and vegetables, expiry dates are checked on a daily basis. � The shipowner / ship should have procedures for galley personnel to check regularly the condition of door seals and closing devices as well as monitor routinely temperature.The schedule for these checks may be an output of the ship maintenance plans. � The shipowner should at least implement a range of control measures covering: � Temperature control (keep food hot >63°C or cold <5°C) � Segregation of raw and cooked foods � Ensuring no risk of cross contamination via hands, cloths etc � Thorough cooking

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Water � The shipowner should have procedures for regular cleaning and visits of drinking water tanks and to empty, clean, disinfect, and wash these tanks at least once a year. The ship owner should have procedures and instructions available for all elements of the freshwater production, treatment and delivery system including filters, pumps, calorifiers, pressure tanks etc to be inspected, cleaned, flushed out, or items replaced where appropriate, according to the manufacturers instructions and the planned maintenance system. As an example, there should be procedures and instructions for personnel to use effectively boilers or other drinking water treatment system. A non exhaustive list of parts that need to be maintained regularly (monthly, 3 months, 6 months or yearly) would contain filters, UV exposure area, calorifiers, shower heads fresh water hoses, and fresh water storage tanks. Posters, signs Posters � Ship owners should have onboard posters, leaflets, etc published / provided by the competent authority as recommended by the guideline B3.2.1, for encouraging the use of anti bacterial hand cleaners, moisturising cream and barrier creams to reduce the risk of skin infections particularly dermatitis and for encouraging the catering staff to report symptoms of waterborne diseases. � The catering staff should have access to educative posters or leaflets presenting the dangers associated with food allergies. Example of some problem ingredients are peanuts, nuts, gluten, fish, soya, celery, mustard, sesame seeds and sulphur dioxide. Same with the risk of allergen cross contamination in situations where a seafarer has asked for food to be free of a certain ingredient that they are allergic or intolerant to. Signs / painting To help the shipowner comply with the standards addressing hygiene and ensuring practicable convenience in working arrangements adopted by the competent authorities, as presented in the DMLC Part 1, as recommended by the MLC 2006 Guideline B3.2.1, §2. � The ship owner / ship should put a visible sign saying ‘FOOD STORAGE ONLY’ (or similar) on the doors of the food storage rooms. � The ship owner / ship should place a visible sign for ensuring that all persons accessing the water tanks are aware of the restriction “POTABLE WATER” or “DRINKING WATER ONLY”.

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� The ship owner / ship should label water distribution valves with “DRINKING WATER” if there is a risk of confusion with a circuit of non potable water. � The ship owner / ship should label potable water outlets with “POTABLE WATER”. All non-potable outlets should be labelled “UNFIT FOR DRINKING”. � Generally, the ship owner / ship should implement a particular marking, painting, labelling of the water circuit as advised by the WHO Guide to Ship Sanitation (Food safety): potable water piping should be painted blue or striped with light blue bands or a light blue stripe at fittings on each side of partitions, decks and bulkheads and at intervals not exceeding 5 m in all spaces except where the décor would be marred by such markings. Regarding the piping, if the direction of flow is important, this shall be shown by means of an arrow pointing in the respective direction. PREPARE EQUIPMENT AND ROOMS (CHECK, INSPECT) The MLC 2006 Standard A3.2 §7 prescribes frequent documented inspections on board ships with respect to food and water supply and storage as well as the galley and catering equipment. The guidance provided in Section 3 aims to help the shipowner comply with this paragraph by providing recommendations for the routine checks to be done by the shipowner, the regular inspections and the design of the food and water related spaces and equipment onboard. Checks The ship owner should check a certain number of items dealing with: � Food and water storage conditions � Food and water storage facilities � Catering equipment � Drinking water system equipment Inspection Drinking water system � Backflow preventers for potable water systems are critical parts (in terms of potential consequences in terms of failure). The ship owner should have procedures for inspection and service in accordance with the manufacturer instructions and as necessary to provide the device’s failure: Regular checks and tests on the adequacy of backflow prevention devices, possible cross connection points, leaks, defective pipes, pressure and disinfectant residuals. This may be best covered as part of a comprehensive sanitary inspection programme.

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Water quality � The ship owner /ship should ensure that water quality inspection are regularly carried out: � As a guideline, the ship owner may use the following requirements: � A complete analysis of the water should be performed when the ship enters into service, before running installations. A complete analysis comprises the items of the routine analysis in which microbiological and physico-chemical parameters are tested, plus complementary items in which chemical and radioactivity indicating parameters are tested [references from the EU or WHO precising the analyses]. � Periodic analyses should be then undergone as follows: - A routine water analysis, completed by a metal analysis (lead, copper, nickel) as well as free chlorine analysis every 6 months, if the flow is below 10 m3/day, every 4 months if the flow is comprised between 10 m3/day and 100 m3/day, every 2 months if the flow is comprised between 100 m3/day and 1000 m3/day, and after every cleaning operation, visits or repair operations on tanks. - This analysis should be completed by a complimentary analysis every 2 years if the flow is below 100m3/day and every year if the flow is above 100 m3/day � The sample should be taken from a valve used for human consumption � When a boiler or any other treatment system is or may be used to produce drinking water, their aptitude should be verified during the ships entry into service, after every important repair operation (complete water analysis), and periodically as defined before. � The shipowner / ship should check that chemicals required for water treatment and conditioning are boarded in sufficient quantities and that the equipment for controlling hardness and alkalinity of water is on board. Heterotrophic Plate Counts (HPCs) can be used as an indicator of general water quality within the distribution system. An increase in HPC indicates either post-treatment contamination, regrowth within the water conveyed by the distribution system or the presence of deposits and biofilms in the system. A sudden increase in HPCs above historic baseline values should trigger actions to investigate and, if necessary, remediate the situation.

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The design The design of the ships shall comply will all regulations as required by the competent authorities. However a certain number of very simple design arrangements for places and equipment onboard where hygiene is particularly critical, should be implemented by the shipowner. Galley � The ship owner should provide floors (decks) with an easy-to-clean fabric. � The ship owner should provide effective water evacuation (drainage) arrangements regarding the necessity of frequent cleaning of the galley. � The ship owner should provide dedicated hand wash basins with provision for soap and towels for the use of the catering staff. � The ship owner should provide dedicated sinks for food preparation and equipment washing. Drinking water system � The ship owner should provide drinking water tanks with an air pipe that no foreign matter/body, or plug drain can be introduced. � When potable water is delivered to non-potable systems and supplied under pressure, the ship owner should provide a protection against backflow by either backflow preventers or air gaps. � The ship owner should provide drinking water tanks with an opening large enough to allow somebody to enter and clean these tanks. This opening shall be arranged in order to be vacuum-tight closed between two visits � The ship owner should provide sounding means that shall not contaminate water � The ship owner should provide every water tank with a filling line to which a hose can be attached. This line should not be cross-connected with any line of a non-potable water system. Each line should be clearly identified as such and painted blue with a screw cap or plug fastened by a short chain so that the cap does not touch the deck when hanging free

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3.11 – Health and safety and accident prevention

Health and safety protection and accident prevention (Reg. 4.3)

Basic requirements

• The working, living and training environment on ships must be safe and hygienic and conform to national laws and regulations and other measures for occupational safety and health protection and accident prevention on board ship. Reasonable precautions are to be taken on the ships to prevent occupational accidents, injuries and diseases including risk of exposure to harmful levels of ambient factors and chemicals as well as the risk of injury or disease that may result from the use of equipment and machinery on the ship (Standard A4.3, paragraph 1(b)). • Ship must have an occupational safety and health policy and programme to prevent occupational accident injuries and diseases, with a particular concern for the safety and health of seafarers under the age of 18 (Standard A4.3, paragraphs 1(c) and 2(b)). • A ship safety committee, that includes participation by the seafarer safety representative, is required (for ships with five or more seafarers) (Standard A4.3, paragraph 2(d)). • Risk evaluation is required for on-board occupational safety and health management (taking into account relevant statistical data) (Standard A4.3, paragraph 8).

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11. Health and safety and accident prevention – Regulation 4.3 A.4.3.1.a Verification that documents related to the ship’s on-board ongoing occupational safety and health policy and programme: - is available to seafarers; - is consistent with national provisions; - includes risk evaluation, training and instruction for seafarers; - pays special attention to the health and safety of young seafarers; - adequate preventive measures are being taken; - appropriate personal protective equipment is being used and maintained correctly. Verification that on-board training material is available in the working language of seafarers and relevant for that ship. Verification that regular risk assessment is conducted Document: OSH policies and programmes Requirement: The laws and regulations and other measures to be adopted in accordance with paragraph 3 of Regulation 4.3 shall include the adoption and effective implementation and promotion of occupational safety and health policies and programmes on ships that fly the Member’s flag, including risk evaluation as well as training and instruction of seafarers Comment: Ships must have an occupational safety and health policy and programme to prevent occupational accident injuries and diseases, with a particular concern for the safety and health of seafarers under the age of 18 (Standard A4.3, paras 1(c) and 2(b)). These measures include reasonable precautions to prevent accidents and must also seek to reduce or prevent the risk of exposure to harmful levels of ambient factors and chemicals as well as the risk of injuries or diseases that might arise from using equipment and machinery on ships. The on-board programme developed by the shipowner should also seek to ensure continuous improvement in OSH and involve seafarer representatives. Various other elements to be included in the on-board programme are set out in paragraph 1(c). Where there are seafarers of less than 18 on board, there should be evidence that training specifically designed for young seafarers on the ship is being undertaken. A.4.3.1.b Confirmation that measures to prevent occupational accidents, injuries and diseases on board ship are implemented. Verification that measures to prevent occupational accidents, injuries and diseases include measures to reduce and prevent the risk of exposure to harmful levels of ambient factors and chemicals as well as the risk of injury or disease that may arise from the use of equipment and machinery. Verification that appropriate protective equipment is available for seafarers to use. Confirmation, through interview of a representative number of seafarers that on-board occupational safety and health programmes and practices is implemented. Document: Occupational accident reports and risk evaluation

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Requirement: The laws and regulations and other measures to be adopted in accordance with paragraph 3 of Regulation 4.3 shall include reasonable precautions to prevent occupational accidents, injuries and diseases on board ship, including measures to reduce and prevent the risk of exposure to harmful levels of ambient factors and chemicals as well as the risk of injury or disease that may arise from the use of equipment and machinery on board ships Comment: The provision of the required protective equipment or other accident prevention safeguards is generally not sufficient in itself: More details on measures relating to the guarding of machinery are provided in the ILO Guarding of Machinery Convention, 1963 (No. 118) and Recommendation No. 119, A.4.3.1.c Verification that the programmes for the prevention of occupational accidents, injuries and diseases and for continuous improvement in occupational safety and health protection are established Document: OSH programmes Requirement: The laws and regulations and other measures to be adopted in accordance with paragraph 3 of Regulation 4.3 shall include on-board programmes for the prevention of occupational accidents, injuries and diseases and for continuous improvement in occupational safety and health protection, involving seafarers’ representatives and all other persons concerned in their implementation, taking account of preventive measures, including engineering and design control, substitution of processes and procedures for collective and individual tasks, and the use of personal protective equipment Comment: Development and content of protection and prevention programmes at the company levels shall take into consideration Guideline B4.3.7 & B4.3.8, including the development of on-board guidelines on OSH and systemic risk evaluation processes. The role of shipowners’ and seafarers’ organizations, or their representatives, and the function of ships’ safety committees with respect to promoting a safety culture amongst all seafarers shall be addressed.

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A.4.3.1.d Verification that measures to prevent unsafe working and living conditions are implemented on board Document: OSH reports Requirement: The laws and regulations and other measures to be adopted in accordance with paragraph 3 of Regulation 4.3 shall include requirements for inspecting, reporting and correcting unsafe conditions and for investigating and reporting on-board occupational accidents. Guideline B4.3.1. Para 2*: (c) machinery: Guideline B4.3.4* on the obligation of shipowners to ensure compliance with the requirement that machinery in use be properly guarded (and the obligation of seafarers not to use machinery when the guard is not in place or to make the guards inoperative); (e) exposure to noise: Guideline B4.3.2* The requirements under Standard A3.1, paragraph 6(h) and the recommendations on this issue in Guideline B3.1.12 should be considered (f) exposure to vibration: Guideline B4.3.3* The requirements under Standard A3.1, paragraph 6(h) and the recommendations on this issue in Guideline B3.1.12* should be considered (m) personal protective equipment for seafarers: Guideline B4.3.4* on the obligation of shipowners to provide protective equipment and other safeguards (and the related obligation on seafarers to comply with these measures) (p) effects of drug and alcohol dependency: Guideline B4.3.1*, paras 3 and 4 and, in connection with safety and heath education of young seafarers, Guideline B4.3.10*, para 4. (o) physical and mental effects of fatigue (q) HIV/AIDS protection and prevention: Guideline B4.3.1*, para 4 and, in connection with safety and health education of young seafarers, Guideline B4.3.10*, para 4. (r) emergency and accident response: Guideline B4.3.1*, para 4 * Part B Guidelines are not mandatory part of Maritime Labour Convention. Their intention is to help the Flag States to establish the system which is adequate to implement the responsibilities under Part A of the respective Guideline. The Flag States will define their national requirements related to Maritime labour Convention in DMLC part I Main areas that should be addressed when investigations are being undertaken. These are briefly: 1 the working environment 2 age of the people involved 3 physiological and psychological problems of the ship environment 4 stress 5 technological effects 6 human failure

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A.4.3.2.b Confirmation that a occupational safety an and health policy programme for seafarers under age of 18 is established and observed onboard Requirement: The laws and regulations and other measures to be adopted in accordance with Regulation 4.3, paragraph 3, shall iclearly specify the obligation of shipowners, seafarers and others concerned to comply with the applicable standards and with the ship’s occupational safety and health policy and programme with special attention being paid to the safety and health of seafarers under the age of 18; A.4.3.2.c Confirmation that duties of the master and/or a person designated by the master, specify the responsibility for the implementation and compliance with the ship’s occupational safety and health policy and programme Rank of person in charge: Confirmation that the master is familiar with his responsibility for the crew working environment, safety and health Document: Job description Requirement: The provisions referred to in paragraph 1 of this Standard shall clearly specify the duties of the master or a person designated by the master, or both, to take specific responsibility for the implementation of and compliance with the ship’s occupational safety and health policy and programme A.4.3.2.d Verification that the safety committee, where applicable, is established and meets at required intervals. Verification that a seafarer's safety representative is designated and present on board. Confirmation that safety committee reports are drafted and that the conclusion and decision are taken into consideration. Document: Safety Committee report, Job description Requirement: The provisions referred to in paragraph 1 of this Standard shall specify the authority of the ship’s seafarers appointed or elected as safety representatives to participate in meetings of the ship’s safety committee. Comment: Note: A safety committee is required to be established on board a ship having five or more seafarers.

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A.4.3.5.a Confirmation that a reporting procedure for occupational accidents is in place and implemented. Document: OSH reporting procedures and reports Requirement: The competent authority shall ensure that occupational accidents, injuries and diseases are adequately reported, taking into account the guidance provided by the International Labour Organization with respect to the reporting and recording of occupational accidents and diseases A.4.3.5.c - A.4.3.6 Confirmation that a procedure for the investigation of occupational accidents safety and health matters is established and implemented onboard Document: OSH procedures and reports Requirement: The competent authority shall ensure that occupational accidents are investigated. Reporting and investigation of occupational safety and health matters shall be designed to ensure the protection of seafarers’ personal data, and shall take account of the guidance provided by the International Labour Organization on this matter. A.4.3.7 Confirmation that relevant occupational safety and health and accident prevention notices and official instructions with respect to particular hazards on the ships are posted on the ship in a location that will bring it to the attention of seafarers Document: OSH notices and official instructions Requirement: The competent authority shall cooperate with shipowners’ and seafarers’ organizations to take measures to bring to the attention of all seafarers information concerning particular hazards on board ships, for instance, by posting official notices containing relevant instructions. A.4.3.8 Verification that risk evaluations, for management of occupational safety and health onboard ship, consider relative specific shipboard and general statistic information Document: Reports of risk evaluations Requirement: The competent authority shall require that shipowners conducting risk evaluation in relation to management of occupational safety and health refer to appropriate statistical information from their ships and from general statistics provided by the competent authority. Comment: Shipowners shall, when performing risk evaluation, refer to statistics made available by the Flag Administration.

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3.12 – On-board medical care

On-board medical care (Reg. 4.1)

Basic requirements

• Seafarers must be covered by adequate measures for the protection of their health and have access to prompt and adequate medical care, including essential dental care, whilst working on board. • Health protection and care are to be provided at no cost to the seafarer, in accordance with national law and practice. • Shipowners are to allow seafarers the right to visit a qualified medical doctor or dentist without delay in ports of call, where practicable (Standard A4.1, paragraph 1(c)).

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12. On-board medical care – Regulation 4.1 A.4.1.1.a Confirmation through records and equipment that general provisions on occupational health protection and medical care are being observed. For ships carrying dangerous cargoes, verification that the necessary information on the nature of the substances, the risks involved, the necessary personal protective devices, the relevant medical procedures and specific antidotes should be made available to the seafarers. Confirmation that specific antidotes and personal protective devices should be on board whenever dangerous goods are carried. Document: Procedures for OSH, Fitness certificate Requirement: Each Member shall ensure that measures providing for health protection and medical care (including essential dental care) for seafarers working on board a ship that flies its flag are adopted which: a) ensure the application to seafarers of any general provisions on occupational health protection and medical care relevant to their duties, as well as of special provisions specific to work on board ship Comment: If the ship is engaged in carrying dangerous or hazardous goods, the medical chest should contain the equipment necessary for treating personnel who may come into contact with it. Information on these requirements can be found in the Medical First Aid Guide for Use in Accidents Involving Dangerous Goods. Guideline B4.1.1.5* Where a cargo which is classified dangerous has not been included in the most recent edition of the Medical First Aid Guide for Use in Accidents Involving Dangerous Goods, the necessary information on the nature of the substances, the risks involved, the necessary personal protective devices, the relevant medical procedures and specific antidotes should be made available to the seafarers. Such specific antidotes and personal protective devices should be on board whenever dangerous goods are carried. This information should be integrated with the ship’s policies and programmes on occupational safety and health described in Regulation 4.3 and related Code provisions. Guideline B4.3.4.1* Any obligation on the shipowner to provide protective equipment or other accident prevention safeguards should, in general, be accompanied by provisions requiring their use by seafarers and by a requirement for seafarers to comply with the relevant accident prevention and health protection measures. Shipowners are not expected to be able to control situations in foreign ports that might affect seafarer's ability to access facilities in the port or to make use of medical or dental care in those countries without charges. Not only is the treatment included but also preventive measures and essential dental care.

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* Part B Guidelines are not mandatory part of Maritime Labour Convention. Their intention is to help the Flag States to establish the system which is adequate to implement the responsibilities under Part A of the respective Guideline. The Flag States will define their national requirements related to Maritime labour Convention in DMLC part I A.4.1.1.b Confirmation that seafarers are provided with prompt access to medicines, medical facilities and equipment Document: Hospital Log Requirement: Each Member shall ensure that measures providing for health protection and medical care (including essential dental care) for seafarers working on board a ship that flies its flag are adopted which: b)ensure that seafarers are given health protection and medical care as comparable as possible to that which is generally available to workers ashore, including prompt access to the necessary medicines, medical equipment and facilities for diagnosis and treatment and to medical information and expertise. Guideline B4.1.1.6* All ships should carry a complete and up-to-date list of radio stations through which medical advice can be obtained; and, if equipped with a system of satellite communication, carry an up-to-date and complete list of coast earth stations through which medical advice can be obtained. Seafarers with responsibility for medical care or medical first aid on board should be instructed in the use of the ship’s medical guide and the medical section of the most recent edition of the International Code of Signals so as to enable them to understand the type of information needed by the advising doctor as well as the advice received. * Part B Guidelines are not mandatory part of Maritime Labour Convention. Their intention is to help the Flag States to establish the system which is adequate to implement the responsibilities under Part A of the respective Guideline. The Flag States will define their national requirements related to Maritime labour Convention in DMLC part I A.4.1.1.c Verification that seafarers are given the right to visit a qualified medical doctor or dentist without delay in ports of call, where practicable. Requirement: Each Member shall ensure that measures providing for health protection and medical care (including essential dental care) for seafarers working on board a ship that flies its flag are adopted which: c) give seafarers the right to visit a qualified medical doctor or dentist without delay in ports of call, where practicable

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A.4.1.1.d Verification that medical care and health protection services are provided free of charge to the seafarers Document: Wage slip or similar document Requirement: Each Member shall ensure that measures providing for health protection and medical care (including essential dental care) for seafarers working on board a ship that flies its flag are adopted which: d) ensure that, to the extent consistent with the Member’s national law and practice, medical care and health protection services while a seafarer is on board ship or landed in a foreign port are provided free of charge to seafarers Comment: The medical and health protection are free of charge on board or in a foreign port to the extent consistent with the national provisions. A.4.1.1.e Confirmation that health promotion and health education programmes are implemented Document: Health promotion and health education programmes Requirement: Each Member shall ensure that measures providing for health protection and medical care (including essential dental care) for seafarers working on board a ship that flies its flag are adopted which: e) are not limited to treatment of sick or injured seafarers but include measures of a preventive character such as health promotion and health education programmes. A.4.1.2 Verification that the agreed standard medical report forms is available and implemented on board. Confirmation, as far as possible, that the medical report form is kept confidential. Document: Medical report form Requirement: The competent authority shall adopt a standard medical report form for use by the ships’ masters and relevant onshore and on-board medical personnel. The form and its contents shall be kept confidential and shall only be used to facilitate the treatment of seafarers. Guideline B4.1.2.1* The standard medical report form for seafarers required under Part A of this Code should be designed to facilitate the exchange of medical and related information concerning individual seafarers between ship and shore in cases of illness or injury. A medical report form should be such that it contains enough information so that a patient, when referred to a shore medical centre can be competently treated. Also it may be needed in the case of any treatment if they are sent home or there is a complication later on.

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Information in this form, when completed, must be kept confidential and only used to facilitate the treatment of seafarers. * Part B Guidelines are not mandatory part of Maritime Labour Convention. Their intention is to help the Flag States to establish the system which is adequate to implement the responsibilities under Part A of the respective Guideline. The Flag States will define their national requirements related to Maritime labour Convention in DMLC part I FS Guidelines - A form for on-board medical reports shall be developed by the FS A.4.1.3 Confirmation that on board hospital and medical care facilities and equipment comply with the requirements Document: Medicine chest, Accommodation drawings Requirement: Each Member shall adopt laws and regulations establishing requirements for on board hospital and medical care facilities and equipment and training on ships that fly its flag A.4.1.4.a Verification through documentary evidence that the medicine chest and medical equipment has been subject to regular inspection by the competent authority and found suitable for this ship. Document: Medicine chest inspection report, Medical guide Requirement: All ships shall carry a medicine chest, medical equipment and a medical guide, the specifics of which shall be prescribed and subject to regular inspection by the competent authority; the national requirements shall take into account the type of ship, the number of persons on board and the nature, destination and duration of voyages and relevant national and international recommended medical standards; Comment: All ships should have a medical chest and equipment sufficient for the kind of operation they are engaged in. The chest and equipment must be maintained in good order, including for example, properly labelled and stored medicine that is not past the expiry date and functioning equipment. Ships must also carry medical guides: recommendations regarding the guides are set out in Guideline B 4.1 para 4. Guidance as to what a medical chest should contain can be found in the International Medical Guide for Ships.

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Guidance B4.1.1.4* The medicine chest and its contents, as well as the medical equipment and medical guide carried on board, should be properly maintained and inspected at regular intervals, not exceeding 12 months, by responsible persons designated by the competent authority, who should ensure that the labeling, expiry dates and conditions of storage of all medicines and directions for their use are checked and all equipment functioning as required. In adopting or reviewing the ship’s medical guide used nationally, and in determining the contents of the medicine chest and medical equipment, the competent authority should take into account international recommendations in this field, including the latest edition of the International Medical Guide for Ships, and other guides mentioned in paragraph 2 of this Guideline. Guidance B4.1.1.5* Where a cargo which is classified dangerous has not been included in the most recent edition of the Medical First Aid Guide for Use in Accidents Involving Dangerous Goods, the necessary information on the nature of the substances, the risks involved, the necessary personal protective devices, the relevant medical procedures and specific antidotes should be made available to the seafarers. Such specific antidotes and personal protective devices should be on board whenever dangerous goods are carried. This information should be integrated with the ship’s policies and programs on occupational safety and health described in Regulation 4.3 and related Code provisions. * Part B Guidelines are not mandatory part of Maritime Labour Convention. Their intention is to help the Flag States to establish the system which is adequate to implement the responsibilities under Part A of the respective Guideline. The Flag States will define their national requirements related to Maritime labour Convention in DMLC part I A.4.1.4.b For ship carrying 100 or more persons and ordinarily engaged on international voyages of more than 3 days duration, confirmation that a qualified medical doctor is available onboard Requirement: Ships carrying 100 or more persons and ordinarily engaged on international voyages of more than three days’ duration shall carry a qualified medical doctor who is responsible for providing medical care; national laws or regulations shall also specify which other ships shall be required to carry a medical doctor, taking into account, inter alia, such factors as the duration, nature and conditions of the voyage and the number of seafarers on board A.4.1.4.b For ships not required to carry a medical doctor, verification that there is at least one seafarer onboard in charge of medical care and administrating medicine or providing medical first aid. Verification that qualification of seafarer in charge of medical care or first aid onboard meets the requirements of STCW.

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Requirement: Ships which do not carry a medical doctor shall be required to have either at least one seafarer on board who is in charge of medical care and administering medicine as part of their regular duties or at least one seafarer on board competent to provide medical first aid; persons in charge of medical care on board who are not medical doctors shall have satisfactorily completed training in medical care that meets the requirements of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended (“STCW”); Seafarers designated to provide medical first aid shall have satisfactorily completed training in medical first aid that meets the requirements of STCW; National laws or regulations shall specify the level of approved training required taking into account, inter alia, such factors as the duration, nature and conditions of the voyage and the number of seafarers on board A.4.1.4.d Confirmation that a copy of the International Aeronautical and Maritime Search and Rescue (IAMSAR) Manual on board Confirmation that procedures for radio or satellite communications for medical assistance are established and implemented Document: Procedure for radio/satellite medical assistance Requirement: The competent authority shall ensure by a prearranged system that medical advice by radio or satellite communication to ships at sea, including specialist advice, is available 24 hours a day; medical advice, including the onward transmission of medical messages by radio or satellite communication between a ship and those ashore giving the advice, shall be available free of charge to all ships irrespective of the flag that they fly. Comment: Ships on international voyages to have a copy of the International Aeronautical and Maritime Search and Rescue (IAMSAR) Manual on board, which lays down procedures for search and rescue including medical intervention. It is recommended that a list of medical doctors and facilities available worldwide to provide emergency medical care to seafarers should be carried on board. As technology improves, the national provisions might refer to a website in this regard. Guideline B4.1.1.1.a*: Ships which ordinarily are capable of reaching qualified medical care and medical facilities within eight hours should have at least one designated seafarer with the approved medical first-aid training required by STCW which will enable such persons to take immediate, effective action in case of accidents or illnesses likely to occur on board a ship and to make use of medical advice by radio or satellite communication;

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Guideline B4.1.1.6*: All ships should carry a complete and up-to-date list of radio stations through which medical advice can be obtained; and, if equipped with a system of satellite communication, carry an up-to-date and complete list of coast earth stations through which medical advice can be obtained. Seafarers with responsibility for medical care or medical first aid on board should be instructed in the use of the ship’s medical guide and the medical section of the most recent edition of the International Code of Signals so as to enable them to understand the type of information needed by the advising doctor as well as the advice received. * Part B Guidelines are not mandatory part of Maritime Labour Convention. Their intention is to help the Flag States to establish the system which is adequate to implement the responsibilities under Part A of the respective Guideline. The Flag States will define their national requirements related to Maritime labour Convention in DMLC part I

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3.13 – On-board complaint procedures

On-board complaint procedures (Reg. 5.1)

Basic requirements

• Ships must have on-board procedures for the fair, effective and expeditious handling of seafarer complaints alleging breaches of the requirements of the MLC, 2006 (including seafarers’ rights). • All seafarers must be provided with a copy of the on-board complaint procedures applicable on the ship. This should be in the working language of the ship. • Victimization of seafarers for filing complaints under the MLC, 2006, is prohibited.

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ILO FS Guidelines 2.1.3(45) The flag State is required to establish an effective system for inspection and certification…establishing a process for receiving and responding to complaints or requests for information. ILO FS Guidelines 2.1.3(59) … Although the attention of an RO carrying out a flag State inspection might be drawn to a possible deficiency on a ship by seafarers and reported to the flag State, the investigation of complaints that are made to the flag State regarding its ships (Standard A5.1.4, paragraph 5) or the enforcement of the national requirements implementing the MLC, 2006…should be dealt with by the competent authority in each flag State. Information as to the role of ROs and the scope of their authority should also be made available to seafarers in the event that they have a complaint. ILO FS Guidelines 2.1.3(63) It is the responsibility of the flag State to receive complaints, investigate and take appropriate enforcement action. Standard A5.1.4, paragraph 5, of the MLC, 2006, provides that: If a Member receives a complaint which it does not consider manifestly unfounded or obtains evidence that a ship that flies its flag does not conform to the requirements of this Convention or that there are serious deficiencies in the implementation of the measures set out in DMLC, the Member shall take the steps necessary to investigate the matter and ensure that action is taken to remedy any deficiencies found.

ILO FS Guidelines 2.21(70) A maritime labour inspection can be divided into two parts: the first concerns the physical items such as the seafarer accommodation and galley conditions, whilst the second relates to other elements of decent work or human and operational issues such as payment of wages, seafarer employment agreements, minimum age, medical certification and hours of work or rest. Some areas of concern, such as occupational safety and health, are mixed, involving physical aspects (protective equipment/construction) and operational practices on a ship. For a satisfactory inspection to be completed, it is likely that the inspector will need to employ different methods, including document review, visual observation, general discussions with seafarers and interviews with seafarers in private. When inspectors are interviewing seafarers, they will need to be sensitive on what may be considered to be personal or potentially controversial matters.

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Confidentiality ILO FS Guidelines 2.2.1(71) … 10. Inspectors shall treat as confidential the source of any grievance or complaint alleging a danger or deficiency in relation to seafarers’ working and living conditions or a violation of laws and regulations and give no intimation to the shipowner, the shipowner’s representative or the operator of the ship that an inspection was made as a consequence of such a grievance or complaint. 11. In particular, inspectors shall: … (b) subject to appropriate sanctions or disciplinary measures, not reveal, even after leaving service, any commercial secrets or confidential working processes or information of a personal nature which may come to their knowledge in the course of their duties.

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13. On-board complaint procedures – Regulation 5.1.5 A.5.1.5.1 Confirmation that the on-board complaint procedures are available and implemented Document: On board complaint procedure Requirement: Without prejudice to any wider scope that may be given in national laws or regulations or collective agreements, the onboard procedures may be used by seafarers to lodge complaints relating to any matter that is alleged to constitute a breach of the requirements of this Convention (including seafarers’ rights). FS Guidelines - A flag State is expected to have in place a process for receiving and responding to such complaints. RO is only to check that onboard complaint procedure is implemented A.5.1.5.2 Confirmation that the on-board complaint procedure complies with the competent authority instructions Document: On board complaint procedure Requirement: Each Member shall ensure that, in its laws or regulations, appropriate on board complaint procedures are in place to meet the requirements of Regulation 5.1.5. Such procedures shall seek to resolve complaints at the lowest level possible. However, in all cases, seafarers shall have a right to complain directly to the master and, where they consider it necessary, to appropriate external authorities. FS Guidelines - A flag State is expected to have in place a process for receiving and responding to such complaints. RO is only to check that onboard complaint procedure is implemented A.5.1.5.3 Verification that the complaining seafarer has been given the opportunity to be accompanied, if requested Requirement: The on-board complaint procedures shall include the right of the seafarer to be accompanied or represented during the complaints procedure, as well as safeguards against the possibility of victimization of seafarers for filing complaints. The term “victimization” covers any adverse action taken by any person with respect to a seafarer for lodging a complaint which is not manifestly vexatious or maliciously made. FS Guidelines - A flag State is expected to have in place a process for receiving and responding to such complaints. RO is only to check that onboard complaint procedure is implemented

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A.5.1.5.4 Verification that seafarers are provided with a copy of the on-board complaint procedures applicable on the ship. Document: On board complaint procedure Requirement: In addition to a copy of their seafarers’ employment agreement, all seafarers shall be provided with a copy of the on-board complaint procedures applicable on the ship. This shall include contact information for the competent authority in the flag State and, where different, in the seafarers’ country of residence, and the name of a person or persons on board the ship who can, on a confidential basis, provide seafarers with impartial advice on their complaint and otherwise assist them in following the complaint procedures available to them on board the ship. Comment: Onboard complaint procedures shall provide contact information of: - the flag administration and, where different, in the sea-farers’ country of residence - the name of a person or persons on board the ship who can, on a confidential basis, provide seafarers with impartial advice on their complaint and other-wise assist them in following the complaint procedures available to them on board the ship

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3.14 – Payment of wages

Wages (Reg. 2.2)

Basic requirements

• Seafarers must be paid at no greater than monthly intervals and in full for their work in accordance with their employment agreements.* • Seafarers are entitled to an account each month indicating their monthly wage and any authorized deductions such as allotments. • No unauthorized deductions, such as payments for travel to or from the ship. • Charges for remittances/allotment** transmission services must be reasonable and exchange rates in accordance with national requirements. * Flag States may wish to consider requiring shipowners to carry on board their ships’ documents such as a copy of payroll or electronic record sheets. ** An allotment is an arrangement whereby a proportion of seafarers’ earnings are regularly remitted, on their request, to their families or dependants or legal beneficiaries whilst the seafarers are at sea (Standard A2.2, paragraphs 3 and 4).

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14. Payment of wages – Regulation 2.2 A.2.2.1 Verification that wages are paid at least monthly and in full to all seafarers in accordance with applicable collective agreement Document: SEA/CBA Requirement: Each Member shall require that payments due to seafarers working on ships that fly its flag are made at no greater than monthly intervals and in accordance with any applicable collective agreement. FS/PS Guidelines: The SEA and documentation, such as the payroll records to confirm that wages are being paid at intervals no greater than one month as specified in their SEA or relevant collective agreements. Guideline B2.2.2* – Calculation and payment 1. For seafarers whose remuneration includes separate compensation for overtime worked: (a) for the purpose of calculating wages, the normal hours of work at sea and in port should not exceed eight hours per day; (b) for the purpose of calculating overtime, the number of normal hours per week covered by the basic pay or wages should be prescribed by national laws or regulations, if not determined by collective agreements, but should not exceed 48 hours per week; collective agreements may provide for a different but not less favourable treatment; (c) the rate or rates of compensation for overtime, which should be not less than one and one-quarter times the basic pay or wages per hour, should be prescribed by national laws or regulations or by collective agreements, if applicable; and (d) records of all overtime worked should be maintained by the master, or a person assigned by the master, and endorsed by the seafarer at no greater than monthly intervals. 2. For seafarers whose wages are fully or partially consolidated: (a) the seafarers’ employment agreement should specify clearly, where appropriate, the number of hours of work expected of the seafarer in return for this remuneration, and any additional allowances which might be due in addition to the consolidated wage, and in which circumstances; (b) where hourly overtime is payable for hours worked in excess of those covered by the consolidated wage, the hourly rate should be not less than one and one quarter times the basic rate corresponding to the normal hours of work as defined in paragraph 1 of this Guideline; the same principle should be applied to the overtime hours included in the consolidated wage; (c) remuneration for that portion of the fully or partially consolidated wage representing the normal hours of work as defined in paragraph 1(a) of this Guideline should be no less than the applicable minimum wage; and (d) for seafarers whose wages are partially consolidated, records of all overtime worked should be maintained and endorsed as provided for in paragraph 1(d) of this Guideline.

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3. National laws or regulations or collective agreements may provide for compensation for overtime or for work performed on the weekly day of rest and on public holidays by at least equivalent time off duty and off the ship or additional leave in lieu of remuneration or any other compensation so provided. 4. National laws and regulations adopted after consulting the representative shipowners’ and seafarers’ organizations or, as appropriate, collective agreements should take into account the following principles: (a) equal remuneration for work of equal value should apply to all seafarers employed on the same ship without discrimination based upon race, colour, sex, religion, political opinion, national extraction or social origin; (b) the seafarers’ employment agreement specifying the applicable wages or wage rates should be carried on board the ship; information on the amount of wages or wage rates should be made available to each seafarer, either by providing at least one signed copy of the relevant information to the seafarer in a language which the seafarer understands, or by posting a copy of the agreement in a place accessible to seafarers or by some other appropriate means; (c) wages should be paid in legal tender; where appropriate, they may be paid by bank transfer, bank cheque, postal cheque or money order; (d) on termination of engagement all remuneration due should be paid without undue delay; (e) adequate penalties or other appropriate remedies should be imposed by the competent authority where shipowners unduly delay, or fail to make, payment of all remuneration due; (f) wages should be paid directly to seafarers’ designated bank accounts unless they request otherwise in writing; (g) subject to subparagraph (h) of this paragraph, the shipowner should impose no limit on seafarers’ freedom to dispose of their remuneration; (h) deduction from remuneration should be permitted only if: (a) there is an express provision in national laws or regulations or in an applicable collective agreement and the seafarer has been informed, in the manner deemed most appropriate by the competent authority, of the conditions for such deductions; and (b) the deductions do not in total exceed the limit that may have been established by national laws or regulations or collective agreements or court decisions for making such deductions; (i) no deductions should be made from a seafarer’s remuneration in respect of obtaining or retaining employment; (j) monetary fines against seafarers other than those authorized by national laws or regulations, collective agreements or other measures should be prohibited; (k) the competent authority should have the power to inspect stores and services provided on board ship to ensure that fair and reasonable prices are applied for the benefit of the seafarers concerned; and (l) to the extent that seafarers’ claims for wages and other sums due in respect of their employment are not secured in accordance with the provisions of the International Convention on Maritime Liens and Mortgages, 1993, such claims should be protected in accordance with the Protection of Workers’ Claims (Employer’s Insolvency) Convention, 1992 (No. 173).

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* Part B Guidelines are not mandatory part of Maritime Labour Convention. Their intention is to help the Flag States to establish the system which is adequate to implement the responsibilities under Part A of the respective Guideline. The Flag States will define their national requirements related to Maritime labour Convention in DMLC part I A.2.2.2 Verification through interview that seafarers are given a monthly account of the payments due and the amounts paid Verification that the monthly account include wages, additional payments and rate of exchange, if applicable Verification that copies of individual accounts can be made available upon request. Verification that the hours of work recorded in the wage account correspond with the overtime records and/or hours of work and rest Verification that the seafarer's wage account includes all the elements of the wages (basic wages, leave pay, allowances, overtime etc) Document: Wage slip or similar document Requirement: Seafarers shall be given a monthly account of the payments due and the amounts paid, including wages, additional payments and the rate of exchange used where payment has been made in a currency or at a rate different from the one agreed to. Guideline B2.2.2.3*: National laws or regulation or collective agreement may provide for compensation for overtime or for work performed on the weekly day of rest and on public holidays by at least equivalent time off. Guideline B2.2.2.4.a*: equal remuneration for work of equal value should apply to all seafarers employed on the same ship without discrimination based upon race, colour, sex, religion, political opinion, national extraction or social origin (Discrimination based on nationality is not part of this list) * Part B Guidelines are not mandatory part of Maritime Labour Convention. Their intention is to help the Flag States to establish the system which is adequate to implement the responsibilities under Part A of the respective Guideline. The Flag States will define their national requirements related to Maritime labour Convention in DMLC part I FS/PS Guidelines There shall be no more than one set of wage accounts in use.

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A.2.2.3 Verification, when applicable, that relevant documents showing service charges and exchange rates applied to any remittances made to the seafarers’ families or dependants or legal beneficiaries are available. Document: documents showing service charges Requirement: Each Member shall require that shipowners take measures, such as those set out in paragraph 4 of this Standard, to provide seafarers with a means to transmit all or part of their earnings to their families or dependants or legal beneficiaries A.2.2.4.a Verification, as appropriate, that seafarers are given the possibility to allot a portion of their wages to families by bank transfers or similar means and that allotments are remitted directly to the person nominated by seafarer Requirement: Measures to ensure that seafarers are able to transmit their earnings to their families include a system for enabling seafarers, at the time of their entering employment or during it, to allot, if they so desire, a proportion of their wages for remittance at regular intervals to their families by bank transfers or similar means; A.2.2.5 Confirmation that the transfer of wages to the seafarer's family has not been charged in a unfavourable rate to seafarer Document: Document showing exchange rate Requirement: Any charge for the service under paragraphs 3 and 4 of this Standard shall be reasonable in amount, and the rate of currency exchange, unless otherwise provided, shall, in accordance with national laws or regulations, be at the prevailing market rate or the official published rate and not unfavourable to the seafarer.

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SECTION 4 – THE 5 ADDITIONAL ITEMS TO BE INSPECTED DURING FULL SCOPE

INSPECTION Useful references MLC, 2006 ILO FS Guidelines ILO PSCO Guidelines Notes/Modifications ............................................................................................... .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. ..................................................................................................................................

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4.1 – Entitlement to leave

Entitlement to leave (Reg. 2.4)

Basic requirements

• Seafarers must be allowed paid annual leave* in accordance with national laws and regulations implementing the MLC, 2006. • Unauthorized agreements to forgo the minimum annual leave with pay are prohibited (Standard A2.4, paragraph 3). • Seafarers are to be granted shore leave to benefit their health and well-being and consistent with the operational requirements of their positions.

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1. Entitlement to Leave – Regulation 2.4 A.2.4.1 - A.2.4.2 Verification that seafarers have the minimum paid annual leave (calculated on the basis of a minimum 2.5 days per month of employment and/or any applicable CBA) and as stated in the SEA Document: Seamans Employment Agreement and applicable CBA Requirement: Each Member shall require that seafarers employed on ships that fly its flag are given paid annual leave under appropriate conditions, in accordance with the provisions in the Code. Seafarers shall be granted shore leave to benefit their health and well-being and with the operational requirements of their positions. Comment: Seafarers must be allowed paid annual leave in accordance with national laws and regulations implementing the MLC, 2006. The MLC, 2006, allows for differing calculations but establishes a minimum annual paid leave calculated on the basis of 2.5 calendar days per month of employment. In addition to the minimum period of annual leave, seafarers may also be entitled to a number of public and customary holidays recognized by the flag State. This is regardless of whether they fall within the individual seafarer’s period of annual leave. For additional guidance see Guideline B2.4.1, paragraph 4. Special measures should be considered with respect to young seafarers under the age of 18 who have served six months or any other shorter period of time under a collective agreement or seafarers’ employment agreement without leave on a foreign-going ship which has not returned to their country of residence in that time, and will not return in the subsequent three months of the voyage. Such measures could consist of their repatriation at no expense to themselves to the place of original engagement in their country of residence for the purpose of taking any leave earned during the voyage. The following should not be counted as part of annual leave with pay: (a) public and customary holidays recognized as such in the flag State, whether or not they fall during the annual leave with pay; (b) periods of incapacity for work resulting from illness or injury or from maternity, under conditions as determined by the competent authority or through the appropriate machinery in each country; (c) temporary shore leave granted to a seafarer while under an employment agreement; and (d) compensatory leave of any kind, under conditions as determined by the competent authority or through the appropriate machinery in each country.

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R.2.4.2 Confirmation that seafarers are given shore leave when possible. Requirement: Seafarers shall be granted shore leave consistent with their health and well-being and with the operational requirements of their positions. A.2.4.3 Confirmation that no restriction to shore leave is imposed by the shipowner/master without adequate reason Document: Seamans Employment Agreement and applicable CBA Requirement: Each Member shall require that seafarers employed on ships that fly its flag are given paid annual leave under appropriate conditions, in accordance with the provisions in the Code. Seafarers shall be granted shore leave to benefit their health and well-being and with the operational requirements of their positions. A.2.4.2 Verification that seafarer employment records and wage accounts confirm the leave provisions from the SEA Document: Seamans Employment Records and wage accounts Requirement: The level of pay during annual leave should be at the seafarer’s normal level of remuneration provided for by national laws or regulations or in the applicable seafarers’ employment agreement. For seafarers employed for periods shorter than one year or in the event of termination of the employment relationship, entitlement to leave should be calculated on a pro-rata basis.

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4.2 – Repatriation

Repatriation (Reg. 2.5)

Basic requirements

• Seafarers are to be repatriated, at no cost to themselves, in accordance with the national provisions implementing the MLC, 2006. • Shipowners are required to provide financial security to ensure that repatriation will occur. • A copy of the applicable national provisions regarding repatriation must be carried on ships and available to seafarers in an appropriate language (Standard A2.5, paragraph 9). • At a minimum seafarers are entitled to repatriation in the following circumstances: • if the seafarers’ employment agreement expires while they are abroad; • when their seafarers’ employment agreement is terminated:

• by the shipowner; or • by the seafarer for justified reasons; and • when the seafarers are no longer able to carry out their duties under their employment agreement or cannot be expected to carry them out in the specific circumstances (Standard A2.5, paragraphs 1 and 2).

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2. Repatriation – Regulation 2.5 A.2.5.1 Verification that the shipowner has provided financial security for repatriation Document: Seamans Employment Agreement and applicable CBA Requirement: Seafarers are to be repatriated, at no cost to themselves, in accordance with the national provisions implementing the MLC, 2006. Shipowners are required to provide financial security to ensure that repatriation will occur. Comment: The costs to be borne by the shipowner for repatriation under Standard A2.5 should include at least the following: (a) passage to the destination selected for repatriation in accordance with paragraph 6 of this Guideline; (b) accommodation and food from the moment the seafarers leave the ship until they reach the repatriation destination; (c) pay and allowances from the moment the seafarers leave the ship until they reach the repatriation destination, if provided for by national laws or regulations or collective agreements; (d) transportation of 30 kg of the seafarers’ personal luggage to the repatriation destination; and (e) medical treatment when necessary until the seafarers are medically fit to travel to the repatriation destination. Shipowners should be required to continue to cover the costs of repatriation until the seafarers concerned are landed at a destination prescribed pursuant to this Code or are provided with suitable employment on board a ship proceeding to one of those destinations. Each Member shall prohibit shipowners from requiring that seafarers make an advance payment towards the cost of repatriation at the beginning of their employment, and also from recovering the cost of repatriation from the seafarers’ wages or other entitlements except where the seafarer has been found, in accordance with national laws or regulations or other measures or applicable collective bargaining agreements, to be in serious default of the seafarer’s employment obligations. National laws and regulations shall not prejudice any right of the shipowner to recover the cost of repatriation under third-party contractual arrangements. A.2.5.1 Confirmation that national provisions, if any, for repatriation of seafarers under the age of 18 are adequately addressed Document: Passport, Crew List

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Requirement: If, after young seafarers under the age of 18 have served on a ship for at least four months during their first foreign-going voyage, it becomes apparent that they are unsuited to life at sea, they should be given the opportunity of being repatriated at no expense to themselves from the first suitable port of call in which there are consular services of the flag State, or the State of nationality or residence of the young seafarer. Notification of any such repatriation, with the reasons therefor, should be given to the authority which issued the papers enabling the young seafarers concerned to take up seagoing employment. A.2.5.2.a Verification through documentary evidence that the circumstances in which seafarers are entitles to repatriation is clearly stated. Document: SEA/CBA Requirement: Each Member shall ensure that there are appropriate provisions in its laws and regulations or other measures or in collective bargaining agreements, prescribing: (a) the circumstances in which seafarers are entitled to repatriation in accordance with paragraph 1(b) and (c) of this Standard; A.2.5.2.b Verification that no seafarers have served on board for more than 12 months without being given the possibility to take annual leave Document: SEA/CBA Requirement: Each Member shall ensure that there are appropriate provisions in its laws and regulations or other measures or in collective bargaining agreements, prescribing: (b) the maximum duration of service periods on board following which a seafarer is entitled to repatriation – such periods to be less than 12 months; and Guideline B2.4.4* – Young seafarers 1. Special measures should be considered with respect to young seafarers under the age of 18 who have served six months or any other shorter period of time under a collective agreement or seafarers’ employment agreement without leave on a foreign-going ship which has not returned to their country of residence in that time, and will not return in the subsequent three months of the voyage. Such measures could consist of their repatriation at no expense to themselves to the place of original engagement in their country of residence for the purpose of taking any leave earned during the voyage. T

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he MLC, 2006 clearly states, in Standard A2.4.4, para. 3, that "Any agreement to forgo the minimum annual leave with pay prescribed in this Standard, except in cases provided for by the competent authority, shall be prohibited." It follows from this formulation that the competent authority has to "provide" for such cases in advance and in an abstract manner, probably through some form of law, regulation, circular notice, etc. It is not enough that "the shipowner, the seafarer and the competent authority agree" on an ad-hoc basis. There is no agreement to forgo annual leave if the seafarer voluntarily resigns from service prematurely, or conceals from the new shipowner the fact that he/she is still under employment. * Part B Guidelines are not mandatory part of Maritime Labour Convention. Their intention is to help the Flag States to establish the system which is adequate to implement the responsibilities under Part A of the respective Guideline. The Flag States will define their national requirements related to Maritime labour Convention in DMLC part I A.2.5.2.c Verification through documentary evidence that the provisions for repatriation are implemented Document: SEA/CBA Requirement: Each Member shall ensure that there are appropriate provisions in its laws and regulations or other measures or in collective bargaining agreements, prescribing: (c) the precise entitlements to be accorded by shipowners for repatriation, including those relating to the destinations of repatriation, the mode of transport, the items of expense to be covered and other arrangements to be made by shipowners. A.2.5 Verification that repatriation entitlements (set out in the SEA and/or any applicable CBA) conform to national requirements for repatriation including coverage for costs and choice of destinations Document: Seamans Employment Agreement and applicable CBA Requirement: Seafarers have a right to be repatriated at no cost to themselves in the circumstances and under the conditions specified in the Code. Each Member shall require ships that fly its flag to provide financial security to ensure that seafarers are duly repatriated in accordance with the Code. Comment: At a minimum seafarers are entitled to repatriation in the following circumstances: � if the seafarers’ employment agreement expires while they are abroad; � when their seafarers’ employment agreement is terminated: � by the shipowner; or � by the seafarer for justified reasons; and

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� when the seafarers are no longer able to carry out their duties under their employment agreement or cannot be expected to carry them out in the specific circumstances (Standard A2.5, paragraphs 1 and 2). A.2.5 Confirmation that a copy of the national provisions on repatriation is on board and is it accessible to seafarers Document: Seamans Employment Agreement and applicable CBA Requirement: Each Member shall require that ships that fly its flag carry and make available to seafarers a copy of the applicable national provisions regarding repatriation written in an appropriate language. Each Member shall ensure that there are appropriate provisions in its laws and regulations or other measures or in collective bargaining agreements, prescribing: (a) the circumstances in which seafarers are entitled to repatriation in accordance with paragraph 1(b) and (c) of this Standard; (b) the maximum duration of service periods on board following which a seafarer is entitled to repatriation – such periods to be less than 12 months; and (c) the precise entitlements to be accorded by shipowners for repatriation, including those relating to the destinations of repatriation, the mode of transport, the items of expense to be covered and other arrangements to be made by shipowners. Comment: A copy of the applicable national provisions regarding repatriation must be carried on ships and available to seafarers in an appropriate language. A.2.5.3 Verification that seafarers were not required to make advance payment towards the cost of their repatriation Requirement: Each Member shall prohibit shipowners from requiring that seafarers make an advance payment towards the cost of repatriation at the beginning of their employment, and also from recovering the cost of repatriation from the seafarers’ wages or other entitlements except where the seafarer has been found, in accordance with national laws or regulations or other measures or applicable collective bargaining agreements, to be in serious default of the seafarer’s employment obligations.

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4.3 – Shipowners’ liability

Shipowners’ liability (Reg. 4.2)

Basic requirements

• Seafarers have a right to material assistance and support from the shipowner with respect to the financial consequences of sickness, injury or death occurring while they are serving under a SEA or arising from their employment under such agreement. • Shipowners are liable to defray the expense of medical care, including medical treatment and the supply of the necessary medicines and therapeutic appliances, and board and lodging away from home until the sick or injured seafarer has recovered, or until the sickness or incapacity has been declared of a permanent character (Standard A4.2, paragraph 1(c)). • Shipowners are to provide financial security to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard, as set out in national law, the SEA or collective agreement (Standard A4.2, paragraph 1(b)). • Measures are to be taken to safeguard the property of seafarers left on board by sick, injured or deceased seafarers (Standard A4.2, paragraph 7).

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3. Shipowners Liability – Regulation 4.2 Reg.4.2 Confirmation that SEA and/or relevant CBA say that the shipowner is to provide seafarers with material assistance and support with respect to the financial consequences of sickness, injury or death whilst serving under the SEA or arising from their employment under the SEA Document: Seamans Employment Agreement and applicable CBA Requirement: Each Member shall ensure that measures, in accordance with the Code, are in place on ships that fly its flag to provide seafarers employed on the ships with a right to material assistance and support from the shipowner with respect to the financial consequences of sickness, injury or death occurring while they are serving under a seafarers’employment agreement or arising from their employment under such agreement. This Regulation does not affect any other legal remedies that a seafarer may seek. Comment: Seafarers have a right to material assistance and support from the shipowner with respect to the financial consequences of sickness, injury or death occurring while they are serving under a SEA or arising from their employment under such agreement. A.4.2.1 Verification of shipowner’s responsibility for costs in respect to sickness and injury to seafarers during employment or arising from their employment Document: Seamans Employment Agreement and applicable CBA Requirement: Seafarers have a right to material assistance and support from the shipowner with respect to the financial consequences of sickness, injury or death occurring while they are serving under a SEA or arising from their employment under such agreement. Comment: Shipowners are liable to defray the expense of medical care, including medical treatment and the supply of the necessary medicines and therapeutic appliances, and board and lodging away from home until the sick or injured seafarer has recovered, or until the sickness or incapacity has been declared of a permanent character. A.4.2.1 Verification that all costs in respect to sickness and injury are covered (including medical treatment and supply of necessary medicines and therapeutic appliances and board and lodging away from home) Document: Seamans Employment Agreement and applicable CBA Requirement: Shipowners shall be liable to bear the costs for seafarers working on their ships in respect of sickness and injury of the seafarers occurring between the date of commencing duty and the date upon which they are deemed duly repatriated, or arising from their employment between those dates.

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National laws or regulations may limit the liability of the shipowner to defray the expense of medical care and board and lodging to a period which shall not be less than 16 weeks from the day of the injury or the commencement of the sickness. Comment: Seafarers have a right to material assistance and support from the shipowner with respect to the financial consequences of sickness, injury or death occurring while they are serving under a SEA or arising from their employment under such agreement. A.4.2.1 Verification of shipowner’s responsibility for continuing to cover those medical costs for at least the minimum periods provided for under the national law Document: Seamans Employment Agreement and applicable CBA Requirement: Shipowners shall be liable to bear the costs for seafarers working on their ships in respect of sickness and injury of the seafarers occurring between the date of commencing duty and the date upon which they are deemed duly repatriated, or arising from their employment between those dates National laws or regulations may limit the liability of the shipowner to defray the expense of medical care and board and lodging to a period which shall not be less than 16 weeks from the day of the injury or the commencement of the sickness. Comment: Shipowners are to provide financial security to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard, as set out in national law, the SEA or collective agreement. A.4.2.3 Verification of shipowner’s responsibility for full wages (where sickness or injury results in incapacity for work) while seafarer is on board or until repatriated and payment of wages as per the national legislation or an applicable CBA , once landed or repatriated Document: Seamans Employment Agreement and applicable CBA Requirement: Where the sickness or injury results in incapacity for work the shipowner shall be liable: (a) to pay full wages as long as the sick or injured seafarers remain on board or until the seafarers have been repatriated in accordance with this Convention; and (b) to pay wages in whole or in part as prescribed by national laws or regulations or as provided for in collective agreements from the time when the seafarers are repatriated or landed until their recovery or, if earlier, until they are entitled to cash benefits under the legislation of the Member concerned. National laws or regulations may limit the liability of the shipowner to pay wages in whole or in part in respect of a seafarer no longer on board to a period which shall not be less than 16 weeks from the day of the injury or the commencement of the sickness.

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Comment: The payment of full wages required by Standard A4.2, paragraph 3(a), may be exclusive of bonuses. A.4.2.6 Verification of shipowner’s responsibility for paying costs of burial expenses in the case of death occurring on board or ashore during the period of engagement? Document: Seamans Employment Agreement and applicable CBA, on board procedures Requirement: Shipowners shall be liable to pay the cost of burial expenses in the case of death occurring on board or ashore during the period of engagement. Comment: National laws or regulations may exempt the shipowner from liability to defray the expense of medical care and board and lodging and burial expenses in so far as such liability is assumed by the public authorities. A.4.2.1 Verification of shipowner’s responsibility for financial security to assure compensation in the event of death or long-term disability as set out in the SEA and/or CBA and national legislation Document: Seamans Employment Agreement and applicable CBA, on board procedures Requirement: Shipowners shall provide financial security to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard, as set out in national law, the seafarers’ employment agreement or collective agreement. National laws or regulations may limit the liability of the shipowner to defray the expense of medical care and board and lodging to a period which shall not be less than 16 weeks from the day of the injury or the commencement of the sickness. Comment: Shipowners are to provide financial security to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard, as set out in national law, the SEA or collective agreement A.4.2.7 Verification of measures implemented to safeguard seafarers’ property left on board by sick, injured, or deceased seafarers Document: Seamans Employment Agreement and applicable CBA, on board procedures Requirement: Shipowners or their representatives shall take measures for safeguarding property left on board by sick, injured or deceased seafarers and for returning it to them or to their next of kin. Comment: Measures are to be taken to safeguard the property of seafarers left on board by sick, injured or deceased seafarers.

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4.4 – Social security

Social security (Reg. 4.5) Basic requirements

• Seafarers who are subject to the flag State’s social security legislation, and, to the extent provided for in its national law, their dependants, are entitled to benefit from social security protection no less favourable than that enjoyed by shore workers. Note: The MLC, 2006, requires that all seafarers be provided with social protection. This covers a number of complementary requirements including prevention-based approaches in connection with occupational safety and health, medical examinations, hours of work and rest and catering. Social protection is mainly addressed in the Title 4 with respect to Medical care (Regulation 4.1); Shipowner liability (Regulation 4.2); and Social security (Regulation 4.5). Regulation 4.5 and the related Standard A4.5 reflect an approach that recognizes the wide range of national systems and schemes and differing areas of coverage with respect to the provision of social security. Under Standard A4.5, paragraph 3, a ratifying country is required to “take steps according to its national circumstances to provide the complementary social security protection referred to in paragraph 1 of this Standard to all seafarers ordinarily resident in its territory”. The resulting protection must be no less favourable than that enjoyed by shoreworkers resident in its territory. The main responsibility of flag States is to ensure that the shipowners’ social security obligations are respected for seafarers on their ships, particularly those set out in Regulations 4.1 and 4.2 (see Standard A4.5, paragraph 5). A more general duty, referred to in Standard A4.5, paragraph 6, and Guideline B4.5, paragraph 5, is also applicable to flag States. ILO member States are to give consideration to ways in which comparable benefits could be provided to seafarers who do not have adequate social security coverage and to possibly themselves arrange for the needed protection to be provided. This responsibility reflects the fact that all States have an important role in promoting the protection of all seafarers and in cooperating to help ensure such protection. In this way flag States can make an important contribution to the achievement of adequate social security protection for seafarers worldwide. In the context of flag State inspection of ships the main concern lies with confirming the complementary protection to be provided by shipowners and stated in the SEA (Standard A2.1, paragraph 4(h)).

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4. Social Security – Regulation 4.5 A.4.5.1 Verification of seafarers coverage by flag State social security protection (or by an arrangement between the flag State and another State) Document: SEA, national requirements, on board procedures Requirement: Each Member shall ensure that all seafarers and, to the extent provided for in its national law, their dependants have access to social security protection in accordance with the Code without prejudice however to any more favourable conditions referred to in paragraph 8 of article 19 of the Constitution. The branches to be considered with a view to achieving progressively comprehensive social security protection under Regulation 4.5 are: Medical care, sickness benefit, unemployment benefit, old-age benefit, employment injury benefit, family benefit, maternity benefit, invalidity benefit and survivors’ benefit, complementing the protection provided for under Regulations 4.1, on medical care, and 4.2, on shipowners’ liability, and under other titles of this Convention. At the time of ratification, the protection to be provided by each Member in accordance with Regulation 4.5, paragraph 1, shall include at least three of the nine branches listed in paragraph 1 of this Standard. Comment: Seafarers who are subject to the flag State’s social security legislation, and, to the extent provided for in its national law, their dependants, are entitled to benefit from social security protection no less favourable than that enjoyed by shore workers. The protection to be provided at the time of ratification in accordance with Standard A4.5, paragraph 2, should at least include the branches of medical care, sickness benefit and employment injury benefit. A.4.5.2 Confirmation that SEA contains the required information on any social security protection (in addition to medical protection) to be provided by the shipowner Document: SEA, national requirements, on board procedures Requirement: The seafarers’ employment agreement should identify the means by which the various branches of social security protection will be provided to the seafarer by the shipowner as well as any other relevant information at the disposal of the shipowner, such as statutory deductions from the seafarers’ wages and shipowners’ contributions which may be made in accordance with the requirements of identified authorized bodies pursuant to relevant national social security schemes.

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Comment: Each Member shall at the time of ratification specify the branches for which protection is provided in accordance with paragraph 2 of this Standard. It shall subsequently notify the Director-General of the International Labour Office when it provides social security protection in respect of one or more other branches stated in paragraph 1 of this Standard. The Director-General shall maintain a register of this information and shall make it available to all interested parties.

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4.5 – Flag State responsibilities (general principles)

Flag state responsibilities (General Principles) (Reg. 5.1)

Basic requirements

• Ships are required to have a copy of the MLC, 2006, available on board.

5. Flag state responsibilities in general – Regulation 5.1.1

A.5.1.1. Confirmation that the copy of the MLC 2006 available on board (Standard A5.1.1, para. 2) Document: MLC 2006 with DMLC I and II attached Requirement: Ships are required to have a copy of the MLC, 2006, available on board. Comment: A maritime labour certificate, complemented by a declaration of maritime labour compliance, shall constitute prima facie evidence that the ship has been duly inspected by the Member whose flag it flies and that the requirements of this Convention relating to working and living conditions of the seafarers have been met to the extent so certified. Specific Flag Requirements A.5.1.10 Verification that ship type specific requirements, substantial equivalences and exemptions, if any, identified by Competent Authority in DMLC Part I were implemented onboard Requirement: The declaration of maritime labour compliance shall be attached to the maritime labour certificate. It shall have two parts: (a) Part I shall be drawn up by the competent authority which shall: (i) identify the list of matters to be inspected in accordance with paragraph 1 of this Standard; (ii) identify the national requirements embodying the relevant provisions of this Convention by providing a reference to the relevant national legal provisions as well as, to the extent necessary, concise information on the main content of the national requirements; (iii) refer to ship-type specific requirements under national legislation; (iv) record any substantially equivalent provisions adopted pursuant to paragraph 3 of Article VI; and (v) clearly indicate any exemption granted by the competent authority as provided in Title 3; and (b) Part II shall be drawn up by the shipowner and shall identify the measures adopted to ensure ongoing compliance with the national requirements between inspections and the measures proposed to ensure that there is continuous improvement.

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SECTION 5 – INSPECTION OF VESSELS <200GT Useful references MLC, 2006 ILO FS Guidelines ILO PSCO Guidelines Notes/Modifications ............................................................................................... .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. ..................................................................................................................................

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5.1 – Extent of inspection of Vessels <200GT ILO FS Guidelines 2.2.1 (68) … Although ships that are not certified will not have a DMLC, inspectors may, nevertheless, find it useful to refer to the national provisions which are normally identified in the DMLC, Part I, as a basic checklist for the matters it covers. ILO FS Guidelines 2.2.2 (78) For ships that are not subject to certification (unless certification is requested), the requirements of the national laws or regulations or collective bargaining agreements or other measures implementing the MLC, 2006, are the starting point, although the national provisions which are normally identified in the DMLC, Part I may be helpful to inspections of these ships.

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5.2 – Example of Exemptions concerning vessels <200GT

A.3.1.07.b Confirmation that the air conditioning system is in satisfactory condition Document: Accommodation drawings Requirement: With respect to requirements for ventilation and heating: ships, except those regularly engaged in trade where temperate climatic conditions do not require this, shall be equipped with air conditioning for seafarer accommodation, for any separate radio room and for any centralized machinery control room Comment: For ships of less than 200GRT exemptions may apply. (ref to DMLC Part I) A.3.1.11.d Verification that washbasin and/or private bathroom have hot and cold running fresh water Requirement: With respect to requirements for sanitary facilities: with the exception of passenger ships, each sleeping room shall be provided with a washbasin having hot and cold running fresh water, except where such a washbasin is situated in the private bathroom provided; Comment: Do not apply to passenger ships - For ships of less than 200GRT exemptions may apply. (ref to DMLC Part I) A.3.1.13 Verification that laundry facilities and equipment are in satisfactory condition Document: Accommodation drawings Requirement: Appropriately situated and furnished laundry facilities shall be available. Comment: For ships of less than 200GRT exemptions may apply. (ref to DMLC Part I)

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A.3.1.20 Verification that exemptions specified by competent authority on DMLC I are observed Document: DMLC I Requirement: Each Member may, after consultation with the shipowners’ and seafarers’ organizations concerned, exempt ships of less than 200 gross tonnage where it is reasonable to do so, in relation to the requirements of the provisions specified below, taking account of the size of the ship and the number of persons on board:(a) paragraphs 7(b), 11(d) and 13; paragraph 9(f) and (h) to (l), with respect to floor area only.

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SECTION 6 – APPENDICES Appendix I Checklist for ship documents Appendix II Checklist for physical inspections Appendix III Checklist for interviews Appendix IV Checklist for approval of DMLC Part II Appendix V MLC, 2006 Matrix Appendix VI Checklist for overlap between MLC/ISM

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APPENDIX I

CHECKLIST FOR SHIPS’ DOCUMENTS

Important Note: The following checklists do not take into consideration national requirements of the Competent Authorities (as declared in DMLC Part I) nor any initial or ongoing measures to comply with requirements (as declared by shipowners in DMLC Part II). Such requirements and declarations must be taken into consideration for inspections, to ensure that these are being properly implemented on-board. ILO FS Guidelines 2.1.2(48) … other documents are required by the MLC, 2006, including: a standardized table for shipboard working arrangements… a standard medical certificate… and a form for on-board medical reports…A record-keeping system must also be maintained for inspection reports.

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Table I SHIPS’ DOCUMENTS TO CHECK ON-BOARD AS PART OF FULL INSPECTION AND FOR ISSUANCE OR ENDORSEMENT OF A MARITIME LABOUR CERTIFICATE (Except for Interim Certificate) (14 Items in Convention Appendix A5-1)

Minimum age (Reg. 1.1) To check Finding 1 - Crew list, or passports or other official documents confirming Seafarers’ birth dates • Person under the age of 16

working as a seafarer • Seafarer under the age of 18 working at night (and not as part of a training programme and no exception made by Competent Authority) • Seafarer under the age of 18 carrying out tasks that are likely to jeopardize their safety or health

2 - Work schedule with respect to Seafarers under the age of 18 to determine hours and nature of work 3 - To see that types of work on board that are likely to jeopardize the safety of Seafarers under the age of 18 have been identified 4 - Recent accident reports and safety committee reports to determine whether Seafarers under the age of 18 were involved

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Table I continued…

Medical certificate (Reg. 1.2) To check Finding 1 - Crew list

• Seafarer on board without a valid medical or colour vision certificate (where appropriate) or authorization from the Competent Authority in urgent cases • Seafarer working on the ship or performing tasks contrary to a restriction on a medical certificate • Seafarer’s medical certificate not in the English language on a ship ordinarily engaged in international voyages • A medical certificate that has not been issued by a qualified medical practitioner

2 – Validity of medical certificates (stating that Seafarers are medically fit to perform their duties) 3 - Validity of colour vision certificates (where appropriate) 4 - Work schedules to see that medical restrictions on work for individual Seafarers are being respected and that seafarers are not assigned to or carrying out work contrary to these restrictions 5 - Medical certificates of Seafarers on ships ordinarily engaged in international voyages are in English 6 - Medical certificate has been issued by a duly qualified medical practitioner NOTES 1 - In urgent cases where the Competent Authority has permitted a Seafarer to work without a valid or with an expired certificate, the authorization or permit should be checked to ensure it is still valid (subject to three month maximum) 2 - In cases where a medical certificate has expired while at sea, the certificate must be obtained within a maximum of three months

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Table I continued…

Training and qualifications (Reg. 1.3) To check Finding 1 - Minimum Safe Manning document (SMD) to verify the required qualifications of Seafarers

• Seafarer’s qualifications not in accordance with the SMD • Seafarer working on the ship who is not trained or certified or otherwise qualified to perform required duties • Certificates or endorsements are not up to date or have expired • Seafarer working on the ship who has not successfully completed personal safety training

2 - Certificates and endorsements for STCW personnel confirming Seafarers’ competency with respect to their duties (check crew list to determine duties) 3 - Documentary evidence (from a shipowner or, if relevant to the position concerned, a national authority or otherwise) confirming that Seafarers have any qualifications that may be required under national law for those performing other duties on board ship (for example, ships’ cooks – see below, Regulation 3.2) 4 - For evidence confirming that all Seafarers have successfully completed training for personal safety on board ship 5 - A copy of the appropriate training material that is available to the crew

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Table I continued…

Recruitment and placement (Reg. 1.4) To check 1 - National web sites of the competent authority regarding the licensing or regulation of seafarer recruitment and placement services (manning agencies) 2 - Check documentation or other information to ascertain the following: a) Direct engagement (Seafarers were recruited and engaged by the shipowner) If this is the case, this fact should be noted and no further action is necessary b) Recruited through a public service (Seafarers were engaged through a public seafarer recruitment and placement service in either the Flag State or in another State to which the MLC, 2006, applies) If this is the case, this should be noted and no further action is necessary c) Recruited through a private service (or a service operated by a seafarers’ organization) in a country that has ratified the MLC, 2006 (i) If the Seafarers were engaged through a private seafarer recruitment and placement service in the Flag State, check for documentary evidence confirming that the service concerned is operating in accordance with the national laws or regulations or other measures implementing the MLC, 2006, requirements. Where the supervision of such services is entrusted to another national authority in the Flag State, a statement by that authority that the service has been found to be operating in accordance with the relevant law is sufficient for this purpose. (ii) If the seafarers were engaged through a private seafarer recruitment and placement service in another State that has ratified the MLC, 2006, no action need be taken unless the inspector has received a clear indication that basic rights have been violated (such as charging Seafarers for use of services). Continued… Finding – See next page

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Table I continued…

Recruitment and placement (Reg. 1.4) To check (…continued) d) Recruited through a service that is based in a country that has not ratified the MLC, 2006 If this is the case, check documentation showing that the shipowner has, as far as practicable, verified through a proper system that the service is operated consistently with the MLC, 2006. This system may, for example, take account of information collected by the Flag State, as well as any audits or certifications concerning the quality of services operating in countries that have not ratified the MLC, 2006. Other evidence which shipowners could provide might be checklists against the MLC requirements or an RO audit of a recruitment and placement service based in a country that has not ratified the MLC, 2006. Finding • No documentary evidence available to indicate that the service or agency is operated in accordance with the MLC, 2006 • A Seafarer who was recruited through a private seafarer recruitment and placement service that was not licensed or certified or regulated in accordance with the MLC, 2006, or whose licence or certificate or any other similar document is no longer valid • Use of a recruitment and placement service requiring the Seafarer to pay a fee or otherwise making a charge for employment services (if this is a possibility then it should also be reported to the competent authority in the State where the service is based) • A Seafarer working on board who was recruited by a recruitment and placement service operating in a country that has not ratified the MLC, 2006, in cases where the shipowner cannot support its conclusion of consistency with the MLC, 2006

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Table I continued…

Seafarers’ Employment Agreement (SEA) (Reg. 2.1)

To check Finding

1 - A copy of the SEA and any applicable collective bargaining agreements for Seafarers and, as a minimum, a standard form of the SEA (in English) for the ship

• A Seafarer without a SEA working on the ship • A Seafarer with a SEA that does not contain all the items in Standard A2.1, paragraph 4(a)–(k) • A Seafarer with a SEA that is inconsistent with the national requirements • No system or provisions for Seafarers to have their employment recorded • Seafarers are not given a record of their employment on the ship on completion of engagement • A collective bargaining agreement that forms all or part of the SEA is either not on board or, if on board, not in English on a ship that engages in international voyages • Standard form SEA is not in English • The SEA contains clauses that violate Seafarers’ rights

2 - Where possible (given the timing of the inspection relative to employment period), possession by Seafarers of a record of their employment (or request that such records are submitted to the inspector at a later date)

3 - That Seafarers’ records of employment do not contain statements as to the quality of their work or as to their wages

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Table I continued…

Wages (Reg. 2.2) To check Finding 1 - The SEA and documentation (such as the payroll records) to confirm wages are being paid at intervals no greater than one month as specified in their SEA or relevant collective agreements

• A Seafarer is not paid regularly (at least monthly) and in full in accordance with the SEA or collective bargaining agreement • A Seafarer is not given a monthly account (such as a wage slip) of wage • Allotments are not being paid or are not being paid in accordance with the Seafarer’s instructions • Charge for converting and transmitting currencies is not in line with national requirements • More than one set of wage accounts is in use

2 - Relevant documents showing service charges and exchange rates applied to any remittances made to the Seafarers’ families or dependants or legal beneficiaries at their request 3 - Relevant documents to confirm the payment of wages including the requirement that a monthly account (such as a wage slip) is provided to the Seafarers (Copies of individual accounts should be available to inspectors at their request) 4 - The wages set out in the SEA are consistent with national wages for seafarers (if national laws or regulations or collective bargaining agreements governing Seafarers’ wages have been adopted)

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Table I continued…

Hours of work and hours of rest (Reg. 2.3) To check Finding 1 - Documents (the SEA or the relevant collective agreement and other documents, such as the bridge and engine room logbooks, that can also be checked) to confirm compliance with the basic requirements concerning minimum hours of rest or maximum hours of work

• A Seafarer’s work schedule does not conform to the applicable standards. • Records of work or rest are not available or are not maintained. • Evidence of exceeding the limits of work and no record of suspension of the schedule, in accordance with Standard A2.3, paragraph 14, has been noted in a logbook or other document.

2 – Up-to-date records of work or rest, as required under national standards, for each Seafarer serving on the ship

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Table I continued…

Manning levels (Reg. 2.7) To check Finding 1 - Safe Manning Document (SMD) or applicable equivalent

• Number and/or categories of Seafarers working on board does not correspond with those stated in the SMD • No SMD or equivalent on board

2 - Crew list for number, category (such as cooks and those responsible for food preparation and those who are responsible for medical care) and qualifications of Seafarers working on board 3 - On-board table of working arrangements to confirm that safe manning requirements are being implemented

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Table I continued…

Accommodation and recreational facilities (Reg. 3.1) To check Finding 1 - Construction (or General Arrangement) plan that shows dimensions and identifying the use to be made of each room or other area

See next page

2 – Crew list compared to the number of sleeping rooms and berths 3 - The on-board records to confirm that frequent inspections are carried out by, or under the authority of, the ship’s master, as well as (for ships that carry a Maritime Labour Certificate) that other inspections or actions provided for in the shipowners’ approved measures found in the DMLC Part II, have been carried out 4 - Check that measures are being taken on the ship to monitor noise and vibration levels in Seafarers’ working and living areas

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Table I continued…

Accommodation and recreational facilities (Reg. 3.1) Finding • Location of sleeping rooms on the ship does not conform to national standards implementing the MLC, 2006 • Number and/or size (including height) of sleeping rooms does not conform to national standards implementing the MLC, 2006 • More than one Seafarer per berth • Recreational facilities do not conform to national standards implementing the MLC, 2006 • Heating, lighting or ventilation is inadequate or not functioning correctly • Fittings and fixtures within Seafarer accommodation areas, including the hospital, mess rooms and recreational rooms, do not conform to national standards implementing the MLC, 2006 • Separate sleeping rooms are not provided for males and females • Separate sanitation facilities are not provided for males and females • Sanitary facilities are inadequate or not functioning • Hospital is being used to accommodate persons who are not sick • Seafarer accommodation or recreational facilities are not being maintained in a clean and tidy condition • Regular inspections of Seafarer accommodation are not being carried out by the master or another designated person • Laundry facilities are inadequate or not functioning correctly • Exposure to hazardous levels of noise and vibration and other ambient factors and chemicals in the Seafarer accommodation or recreational or catering facilities

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Table I continued…

Food and catering (Reg. 3.2) To check Finding 1 - Documents (see Reg. 1.1 on min. age) to confirm that the ship’s cooks are 18 years old or older and that the ship’s cooks are trained, qualified and competent for their positions in accordance with national requirements. In cases where a fully qualified cook is not required, check that seafarers processing food in the galley are trained or instructed in food and personal hygiene and handling and storage of food on board ships

• Food and drinking water are not of appropriate quality, nutritional value and quantity, for the Seafarers on the ship • Seafarer is charged for food and/or is not provided with drinking water • Seafarer who has responsibility for preparing food is untrained or not instructed as required • Ship’s cook is not trained and qualified • Ship’s cook is under 18 years of age • Frequent and documented inspections of the food or water or the preparation/ storage/handling areas are not being carried out • Catering facilities are not hygienic or are otherwise unfit for purpose

2 - On-board records to confirm that frequent and documented inspections are made of: • supplies of food and drinking water; • spaces used for handling and storage of food; • galleys and other equipment used in the preparation and service of meals

159

Table I continued…

Medical care on-board ship and ashore (Reg. 4.1) To check Finding 1 - Documents (such as the SEA) to confirm that, to the extent consistent with national law and practice, medical care and health protection services while Seafarers are on board ship or landed in a foreign port, are provided free of charge (see Standard A4.1, paragraph 1(d))

• A Seafarer working on the ship is denied, without justification, shore leave by the master and/or shipowner to go ashore for medical or dental care • A Seafarer is not provided with appropriate health protection and medical care on board ship • Medical personnel, with appropriate qualifications, as required by national laws or regulations, are not on board • Medical chest or equipment does not meet national standards and/or no medical guide is on board. • No medical report forms are on board • Evidence that a Seafarer is being charged for medical or dental care, contrary to national law or practice.

2 - Documents (such as the SEA) to confirm that Seafarers are given the right to visit a qualified medical doctor or dentist, without delay, when calling at a port, where practicable (see Standard A4.1, paragraph 1(c)) 3 - Records and equipment to confirm that general provisions on occupational health protection and medical care are being observed (Standard A4.1, paragraph 1(a)) 4 - Documents (such as the SMD and crew list) to confirm that a qualified medical doctor is working on board ships that carry 100 or more people and that are ordinarily engaged in voyages of more than three days’ duration 5 - Medical report forms are carried on board the ship 6 - Procedures are in place for radio or satellite communications for medical assistance

160

Table I continued…

Health and safety protection and accident prevention (Reg. 4.3) To check 1 - Relevant documents (such as the on-board occupational accident reports, and the reports of risk evaluations undertaken for the management of occupational safety and health on the ship) 2 - For documents evidencing membership and meetings of the safety committeee (e.g. records and minutes of the meetings, etc.) if the ship has more than five Seafarers 3 - Documents related to the ship’s on-board ongoing occupational safety and health policy and programme, to confirm that: • it is available to Seafarers; • it is consistent with national provisions; • it includes risk evaluation, training and instruction for Seafarers; • it pays special attention to the health and safety of young Seafarers; • adequate preventive measures are being taken; • appropriate personal protective equipment is being used and maintained correctly 4 - A reporting procedure for occupational accidents is in place 5 - Special consideration is given to any national requirements covering: • the structural features of the ship, including means of access and asbestos-related risks; •machinery; • the effects of the extremely low or high temperature of any surfaces with which Seafarers may be in contact; • the effects of noise in the workplace and in shipboard accommodation; • the effects of vibration in the workplace and in shipboard accommodation; • the effects of ambient factors (other than noise and vibration) in the workplace and in shipboard accommodation, including tobacco smoke; • special safety measures on and below deck; • loading and unloading equipment; • fire prevention and fire-fighting; • anchors, chains and lines; • dangerous cargo and ballast; • personal protective equipment for seafarers; • work in enclosed spaces; • physical and mental effects of fatigue; • the effects of drug and alcohol dependency; • HIV/AIDS protection and prevention; • emergency and accident response Finding – See next page

161

Table I continued…

Health and safety protection and accident prevention (Reg. 4.3) Finding • Conditions exist on board which may impair efforts to prevent accidents • No evidence of an on-board policy and/or programmes for the prevention of occupational accidents, injuries and diseases • No established or functioning ship’s safety committee when there are five or more seafarers working on board • Personal protective equipment is in poor condition or being incorrectly used or not being used • Risk assessments are missing • Seafarers are unaware of the measures adopted by the management to provide OSH and to prevent accidents • Risks posed to young seafarers have not been addressed • Occupational accidents are not being investigated or reported in accordance with the ship’s procedures

162

Table I continued…

On-board complaints procedures (Reg. 5.1) To check Finding 1 - Document outlining the on-board complaint procedures to confirm that the procedures are functioning on the ship, paying particular attention to the right of representation and to the required safeguards against victimization

• No document setting out the on-board complaint procedures • Ship’s on-board complaint procedures are not operating • Victimization of a seafarer for making a complaint • Seafarer is not provided with a copy of the complaint procedures in the working language of the ship

2 - Document outlining the on-board complaint procedures to confirm that Seafarers are able to complain directly to the ship’s master or an external authority.

163

Table II

ADDITIONAL SHIPS’ DOCUMENTS TO CHECK ON-BOARD AS PART OF FULL INSPECTION (5 additional items not listed in Convention Appendix A5-1)

Entitlement to leave (Reg. 2.4) To check Finding

1 – Documents (such as the SEA or the relevant collective agreement), to confirm that Seafarers are provided with the annual leave with pay entitlement required by the Flag State (at a minimum, to be calculated on the basis of 2.5 calendar days per month of employment)

• Seafarer is not given paid annual leave • Seafarer who has an annual leave entitlement that is less than the national requirement (if more than 2.5 calendar days per month) or less than 2.5 calendar days per month of employment • Seafarer does not have an entitlement to paid annual leave in the SEA • Seafarer has agreed to forgo minimum annual leave with pay (and the Competent Authority has not authorized the agreement) (Standard A2.4, paragraph 3) • Seafarer not allowed shore leave (although leave would be consistent with operational requirements of the Seafarer’s position)

2 - That Seafarers’ employment and wage records confirm that this requirement is met.

164

Table II continued…

Repatriation (Reg. 2.5) To check Finding 1 - Relevant documents confirming that shipowner has provided financial security

• Seafarer is not repatriated in accordance with national requirements, or SEA or collective bargaining agreement • Ship does not have a copy of the national provisions on repatriation on board and accessible to Seafarers • No evidence that financial security for repatriation has been provided • No provision for Seafarer repatriation is in place

2 - That a copy of the national provisions or SEA or relevant collective bargaining agreement regarding repatriation is available (in an appropriate language) to Seafarers 3 - Check for compliance with any national provision that Seafarers under the age of 18 are to be repatriated after a prescribed period if it is apparent that they are unsuited to a career at sea (Guideline B2.5.2, paragraph 3)

165

Table II continued…

Shipowners’ liability (Reg. 4.2) To check Finding 1 - SEA and/or relevant collective bargaining agreement to verify that Seafarers have the coverage required by national law implementing the MLC, 2006

• No evidence that financial security has been provided • No information on coverage in the SEA or relevant collective bargaining agreement • Provisions in the SEA or collective bargaining agreement are not consistent with national requirements implementing the MLC, 2006 • No procedures are in place to safeguard Seafarers’ property left on board

2 - Documents confirming that the shipowner has provided financial security to assure compensation as required

3 - On-board procedures with respect to property that is left on board by sick, injured or deceased Seafarers

166

Table II continued…

Social security (Reg. 4.5) To check Finding 1 - For evidence that, for Seafarers covered by the national social security system, the appropriate contributions are being made if it is a contributory system

• No information on social protection in the SEA • Mandatory contributions are not being made

2 - SEA to confirm the protection to be provided by the shipowner

167

Table II continued…

Flag state responsibilities (General Principles) (Reg. 5.1) To check Finding 1 - To confirm that there is a copy of MLC, 2006, on board [Reg. 5.1.1]

• No copy of MLC, 2006, on board

Also to check: 1 – For all ships: • Results of all subsequent inspections or other verifications carried out and any significant findings with the date when it was remedied This record, with English translation when not in English, be inscribed upon or appended to DMLC or made available in some other way to Seafarers etc. (A5.1.3 (11)) 2 – For ships that hold a Maritime Labour Certificate (MLC): • A valid Full-term or Interim MLC (with expiry date) • A valid DMLC Part I issued by the Competent Authority (without expiry date) [Not required for Interim MLC] • An approved and validated DMLC Part II completed by the shipowner (without expiry date) [Not required for Interim MLC] All above documents shall have English translation when not in English. Copy shall be posted in a conspicuous place where it is available to Seafarers. A copy shall be available to Seafarers etc. upon request (A5.1.3 (12))

• The documents in question are not available on-board or have not been made accessible to Seafarers, Flag State Inspectors, authorised officers in port States and shipowners’ and seafarers’ representatives

168

APPENDIX II

CHECKLIST FOR PHYSICAL INSPECTIONS

Table I

ITEMS TO PHYSICALLY CHECK ON-BOARD AS PART OF FULL INSPECTION AND FOR ISSUANCE OR ENDORSEMENT OF A CERTIFICATE (Except for Interim Certificate) (14 Items in Convention Appendix A5-1)

Hours of work and hours of rest (Reg. 2.3) To check Finding 1 – Verify that there is an approved standardised table of shipboard working arrangements setting out the national requirements for maximum hours of work or the minimum hours of rest and the schedule for service at sea and in port, posted in an easily accessible place

• A Seafarer’s work schedule does not conform to the applicable standards • Table of working arrangements is not posted or does not contain required information • Table of working arrangements is not in English and the working language(s) of the ship • Records of work or rest are not available or are not maintained • Evidence of exceeding the limits of work and no record of suspension of the schedule, in accordance with Standard A2.3, paragraph 14, has been noted in a logbook or other document

2 - Working arrangement listed in the table 3 - Table of working arrangements or schedule in the working language or language of the ship and in English 4 - Seafarer fatigue (possibly indicated by hours of work that are consistently at the upper limits and by other contributory factors, such as disrupted rest periods). If there are seafarers that show symptoms such as lack of concentration, irrelevant and inconsistent replies to questions, yawning and slow reaction times, further investigation may be considered

169

Table I continued…

Accommodation and recreational facilities (Reg. 3.1)

Notes 1) For ships coming into service As part of the first inspection of a ship the inspector will need to verify that the accommodation and recreational facilities have been constructed in accordance with the approved drawings The same applies to ships that have been substantially altered This process need not be repeated for subsequent inspections 2) For existing ships before entry into force of MLC, 2006 for the Flag State Account must be taken of any national provisions. These ships still need to be inspected for accommodation and recreational facilities to verify that:

1) The ship meets standards of ILO Conventions 92, 133, 147(and Protocol of 1996) if these Conventions are applicable for the Flag State

2) The ship provides and maintains decent accommodation and

recreational facilities for working and living conditions, consistent with promoting the Seafarers’ health and well-being in accordance with national legislation

170

Table I continued…

Accommodation and recreational facilities (Reg. 3.1) To check Finding 1- General requirements (Standard A3.1, paragraph 6)

See next page

2 - Size of rooms and other accommodation spaces (Standard A3.1, paragraphs 9 and 10) 3 - Heating and ventilation (Standard A3.1, paragraph 7) 4 - Noise and vibration and other ambient factors (Standard A3.1, paragraph 6(h)) 5 - Sanitary and related facilities (Standard A3.1, paragraphs 11 and 13) 6 - Lighting (Standard A3.1, paragraph 8) 7 - Hospital accommodation (Standard A3.1, paragraph 12) 8 - Recreational facilities (Standard A3.1, paragraphs 14 and 17) 9 - Occupational safety and health and accident prevention requirements on ships, in light of the specific needs of seafarers who both live and work on ships (Standard A3.1, paragraphs 2(a) and 6(h))

171

Table I continued…

Accommodation and recreational facilities (Reg. 3.1) Finding • Location of sleeping rooms on the ship does not conform to national standards implementing the MLC, 2006 • Number and/or size (including height) of sleeping rooms does not conform to national standards implementing the MLC, 2006 • More than one seafarer per berth • Recreational facilities do not conform to national standards implementing the MLC, 2006 • Heating, lighting or ventilation is inadequate or not functioning correctly • Fittings and fixtures within Seafarer accommodation areas, including the hospital, mess rooms and recreational rooms, do not conform to national standards implementing the MLC, 2006 • Separate sleeping rooms are not provided for males and females. • Separate sanitation facilities are not provided for males and females • Sanitary facilities are inadequate or not functioning • Hospital is being used to accommodate persons who are not sick • Seafarer accommodation or recreational facilities are not being maintained in a clean and tidy condition • Regular inspections of Seafarer accommodation are not being carried out by the master or another designated person • Laundry facilities are inadequate or not functioning correctly • Exposure to hazardous levels of noise and vibration and other ambient factors and chemicals in the seafarer accommodation or recreational or catering facilities

172

Table I continued…

Food and catering (Reg. 3.2) To check Finding 1 - Visual observation of catering facilities, including galleys and store rooms, to check that they are hygienic and fit for purpose

• Food and drinking water are not of appropriate quality, nutritional value and quantity, for the Seafarers on the ship. • Seafarer is charged for food and/or is not provided with drinking water • Seafarer who has responsibility for preparing food is untrained or not instructed as required • Ship’s cook is not trained and qualified • Ship’s cook is under 18 years of age • Frequent and documented inspections of the food or water or the preparation/ storage/handling areas are not being carried out • Catering facilities are not hygienic or are otherwise unfit for purpose

2 - Food and drinking water are of an appropriate quality (for example, not out of date) and quantity and nutritional value by: • checking drinking water quality and ascertaining how the quality is monitored; • reviewing menu plans together with visual observation of food supplies and storage areas to ensure that the food supplied is varied in nature

173

Table I continued…

Medical care on-board ship and ashore (Reg. 4.1) To check Finding 1 - Visual observation to confirm that the ship is equipped with sufficient medical supplies including a medicine chest and equipment, including either the most recent edition of the International Medical Guide for Ships or a medical guide as required by national laws and regulations

• A Seafarer working on the ship is denied, without justification, shore leave by the master and/or shipowner to go ashore for medical or dental care • A Seafarer is not provided with appropriate health protection and medical care on board ship • Medical personnel, with appropriate qualifications, as required by national laws or regulations, are not on board • Medical chest or equipment does not meet national standards and/or no medical guide is on board • No medical report forms are on board • Evidence that a Seafarer is being charged for medical or dental care, contrary to national law or practice

2 - Check that, where ships are not required to carry a medical doctor, they have at least one seafarer on board (who is trained and qualified to the requirements of STCW) to be in charge of medical care or is competent to provide medical first aid as part of their regular duties 3 - Equipment to confirm that general provisions on occupational health protection and medical care are being observed (Standard A4.1, paragraph 1(a))

174

Table I continued…

Health and safety protection and accident prevention (Reg. 4.3) To check Finding 1 - Check that relevant occupational safety and health and accident prevention notices and official instructions with respect to particular hazards on the ships are posted on the ship in a location that will bring it to the attention of Seafarers (Standard A4.3, paragraph 7)

• Conditions exist on board which may impair efforts to prevent accidents • No evidence of an on-board policy and/or programmes for the prevention of occupational accidents, injuries and diseases • No established or functioning ship’s safety committee when there are five or more Seafarers working on board • Personal protective equipment is in poor condition or being incorrectly used or not being used • Risk assessments are missing • Seafarers are unaware of the measures adopted by the management to provide OSH and to prevent accidents • Risks posed to young Seafarers have not been addressed • Occupational accidents are not being investigated or reported in accordance with the ship’s procedures

2 - Appropriate protective equipment is available for Seafarers to use

175

APPENDIX III

CHECK LIST FOR INTERVIEWS Notes: 1) Seafarers should be given the opportunity to gather the following Seafarer

documents for the interview (but see Note 2): Passport Seamans’ (Discharge) book Seafarers’ Employment Agreement (SEA) Seafarers’ Record of Employment Copy of work schedule Medical (Fitness) Certificate Colour vision certificate (where appropriate) Training certificates (occupational, medical, catering…) Personal safety training certificates/booklets Wage payment records (or individual accounts) Copy of on-board complaint procedures Records of mandatory social security contributions

2) There is an overlap between Seafarer documents to check as part of ships’ documents and Seafarer documents to check whilst doing Seafarer interviews. This is because some of the Seafarer documents may be kept secure by the master and made available to the Inspector at the beginning of the inspection and such documents may not be made easily available by the Seafarer during the interviews. Important Note: The following checklists do not take into consideration national requirements of the Competent Authorities (as declared in DMLC Part I) nor any initial or ongoing measures to comply with requirements (as declared by shipowners in DMLC Part II). Such requirements and declarations must be taken into consideration for inspections, to ensure that these are being properly implemented on-board.

176

Table I

SEAFARER DOCUMENTS TO CHECK AND TOPICS TO COVER DURING SEAFARER INTERVIEWS AS PART OF FULL INSPECTION AND FOR ISSUANCE OR ENDORSEMENT OF A CERTIFICATE (Except for Interim Certificate) (14 Items in Convention Appendix A5-1)

Minimum age (Reg. 1.1) To check Finding 1 - Passport or other official documents confirming Seafarer’s birth date [Document]

• Person under the age of 16 working as a Seafarer • Seafarer under the age of 18 working at night (and not as part of a training programme and no exception made by Competent Authority) • Seafarer under the age of 18 carrying out tasks that are likely to jeopardize their safety or health

2 – Information on minimum age [Verbal] 2 - Work schedule with respect to Seafarer under the age of 18 to determine hours and nature of work [Verbal]

177

Table I continued…

Medical certificate (Reg. 1.2) To check Finding 1 – Validity of medical certificate (stating that Seafarer is medically fit to perform his/her duties) [Document]

• Seafarer on board without a valid medical or colour vision certificate (where appropriate) or authorization from the Competent Authority in urgent cases • Seafarer working on the ship or performing tasks contrary to a restriction on a medical certificate • Seafarer’s medical certificate not in the English language on a ship ordinarily engaged in international voyages • A medical certificate that has not been issued by a qualified medical practitioner

2 - Validity of colour vision certificate (where appropriate) [Document] 4 - That medical restriction on work for individual Seafarer is being respected and that seafarer is not assigned to or carrying out work contrary to these restrictions [Document + Verbal] 5 - Medical certificate of Seafarer on ships ordinarily engaged in international voyages is in English [Document] 6 - Medical certificate has been issued by a duly qualified medical practitioner [Document]

178

Table I continued…

Training and qualifications (Reg. 1.3) To check Finding 1 - That the Seafarer has received training [Verbal]

• Seafarer’s qualifications not in accordance with the SMD • Seafarer working on the ship who is not trained or certified or otherwise qualified to perform required duties • Certificates or endorsements are not up to date or have expired • Seafarer working on the ship who has not successfully completed personal safety training

2 - Certificates and endorsements for STCW personnel confirming Seafarer’s competency with respect to his/her duty [Document] 3 - Documentary evidence (from a shipowner or, if relevant to the position concerned, a national authority or otherwise) confirming that Seafarer has any qualifications that may be required under national law for those performing other duties on board ship (for example, ships’ cooks) [Document] 4 - For evidence confirming that Seafarer has successfully completed training for personal safety on board ship [Document] 5 - A copy of the appropriate training material [Document]

179

Table I continued…

Recruitment and placement (Reg. 1.4) To check Finding 1 - That the Seafarer has not paid a fee or other charge to a recruitment or placement service and has been informed of his/her rights and duties [Verbal]

• Use of a recruitment and placement service requiring the Seafarer to pay a fee or otherwise making a charge for employment services (if this is a possibility then it should also be reported to the Competent Authority in the State where the service is based) • Use of a recruitment and placement service that operates a blacklist

2 - That the recruitment and placement service used does not operate a blacklist [Verbal]

180

Table I continued…

Seafarers’ Employment Agreement (SEA) (Reg. 2.1) To check Finding 1 - That on signing a SEA, Seafarers were given an opportunity to examine and seek advice and freely accepted the agreement before signing [Verbal]

• A Seafarer without a SEA working on the ship • A Seafarer with a SEA that does not contain all the items in Standard A2.1, paragraph 4(a)–(k) • A Seafarer with a SEA that is inconsistent with the national requirements • No system or provisions for Seafarers to have their employment recorded • Seafarers are not given a record of their employment on the ship on completion of engagement • A collective bargaining agreement that forms all or part of the SEA is either not on board or, if on board, not in English on a ship that engages in international voyages • Standard form SEA is not in English • The SEA contains clauses that violate Seafarers’ rights • Seafarers’ were not given the opportunity to examine and seek advice and freely accepted the agreement before signing

2 - A copy of the SEA and any applicable collective bargaining agreements [Document] 3 - Where possible (given the timing of the inspection relative to employment period), possession by Seafarer of a record of his/her employment (or request that such records are submitted to the inspector at a later date) [Document]

4 - That Seafarers’ records of employment do not contain statements as to the quality of his/her work or wages [Document]

181

Table I continued…

Wages (Reg. 2.2) To check Finding 1 - Verify compliance with requirements on the payment of wages [Verbal]

• A Seafarer is not paid regularly (at least monthly) and in full in accordance with the SEA or collective bargaining agreement • A Seafarer is not given a monthly account (such as a wage slip) of wage • Allotments are not being paid or are not being paid in accordance with the Seafarer’s instructions • Charge for converting and transmitting currencies is not in line with national requirements • More than one set of wage accounts is in use

2 - The SEA and documentation (such as the payroll records) to confirm wages are being paid at intervals no greater than one month as specified in their SEA or relevant collective agreements [Document] 3 - Relevant documents showing service charges and exchange rates applied to any remittances made to the Seafarers’ families or dependants or legal beneficiaries at their request [Document] 4 - Relevant documents to confirm the payment of wages including the requirement that a monthly account (such as a wage slip) is provided to the Seafarers (Copies of individual accounts should be available [Document] 5 - The wages set out in the SEA are consistent with national wages for seafarers (if national laws or regulations or collective bargaining agreements governing Seafarers’ wages have been adopted) [Document]

182

Table I continued…

Hours of work and hours of rest (Reg. 2.3) To check Finding 1 - SEA or relevant collective agreement and other documents to confirm compliance with the basic requirements concerning minimum hours of rest or maximum hours of work [Document]

• A Seafarer’s work schedule does not conform to the applicable standards. • Records of work or rest are not available or are not maintained. • Evidence of exceeding the limits of work and no record of suspension of the schedule, in accordance with Standard A2.3, paragraph 14, has been noted in a logbook or other document. • Evidence of exceeding the limits of work and no record of suspension of the schedule, in accordance with Standard A2.3, paragraph 14, has been noted in a logbook or other document

2 – Up-to-date records of work or rest, as required under national standards, for each Seafarer serving on the ship [Document]

3 - Check for Seafarer fatigue, possibly indicated by hours of work that are consistently at the upper limits and by other contributory factors, such as disrupted rest periods [Verbal + Document]

183

Table I continued…

Manning levels (Reg. 2.7) To check Finding 1 - That manning requirements are met [Verbal]

• Number and/or categories of Seafarers working on board does not correspond with those stated in the SMD

184

Table I continued…

Food and catering (Reg. 3.2) To check Finding 1 - Documents (see Reg. 1.1 on min. age) to confirm that the ship’s cooks are 18 years old or older and that the ship’s cooks are trained, qualified and competent for their positions in accordance with national requirements. In cases where a fully qualified cook is not required, check that seafarers processing food in the galley are trained or instructed in food and personal hygiene and handling and storage of food on board ships [Verbal + Document]

• Food and drinking water are not of appropriate quality, nutritional value and quantity, for the Seafarers on the ship • Seafarer is charged for food and/or is not provided with drinking water • Seafarer who has responsibility for preparing food is untrained or not instructed as required • Ship’s cook is not trained and qualified • Ship’s cook is under 18 years of age

2 – Verify that Seafarers are not charged for food and are provided with drinking water and that food and drinking water are of appropriate quality and quantity [Verbal]

185

Table I continued…

Medical care on-board ship and ashore (Reg. 4.1) To check Finding

1 – Verify that Seafarers have access to medical care on board without charge and are given leave to obtain medical and dental care services when calling in a port, where practicable [Verbal + Document]

• A Seafarer working on the ship is denied, without justification, shore leave by the master and/or shipowner to go ashore for medical or dental care • A Seafarer is not provided with appropriate health protection and medical care on board ship • Evidence that a Seafarer is being charged for medical or dental care, contrary to national law or practice

186

Table I continued…

Health and safety protection and accident prevention (Reg. 4.3) To check Finding

1 – Verify on-board occupational safety and health programs and practices [Verbal]

• Conditions exist on board which may impair efforts to prevent accidents • No evidence of an on-board policy and/or programmes for the prevention of occupational accidents, injuries and diseases • No established or functioning ship’s safety committee when there are five or more Seafarers working on board • Personal protective equipment is in poor condition or being incorrectly used or not being used • Risk assessments are missing • Seafarers are unaware of the measures adopted by the management to provide OSH and to prevent accidents • Risks posed to young Seafarers have not been addressed • Occupational accidents are not being investigated or reported in accordance with the ship’s procedures

187

Table I continued…

On-board complaints procedures (Reg. 5.1) To check Finding 1 - That Seafarers are provided with a copy of the on-board complaint procedures in the working language of the ship [Document]

• No document setting out the on-board complaint procedures • Ship’s on-board complaint procedures are not operating • Victimization of a Seafarer for making a complaint • Seafarer is not provided with a copy of the complaint procedures in the working language of the ship

2 - That Seafarers are given a copy of the procedures and that they are able to complain directly to the ship’s master or an external authority and that there is no victimization [Verbal + Document]

188

Table II

ADDITIONAL SEAFARER DOCUMENTS TO CHECK AND TOPICS TO COVER DURING SEAFARER INTERVIEWS AS PART OF FULL INSPECTION 5 additional items not listed in Convention Appendix A5-1)

Entitlement to leave (Reg. 2.4) To ascertain Finding

1 – Verify that Seafarers receive paid annual leave and are allowed an appropriate level of shore leave by the shipowner [Verbal + Document]

• Seafarer is not given paid annual leave • Seafarer who has an annual leave entitlement that is less than the national requirement (if more than 2.5 calendar days per month) or less than 2.5 calendar days per month of employment • Seafarer does not have an entitlement to paid annual leave in the SEA • Seafarer has agreed to forgo minimum annual leave with pay (and the Competent Authority has not authorized the agreement) (Standard A2.4, paragraph 3) • Seafarer not allowed shore leave (although leave would be consistent with operational requirements of the Seafarer’s position)

189

Table II continued…

Social security (Reg. 4.5) To ascertain Finding 1 – Verify that mandatory contributions, if any, are made. [Verbal + Document]

• No information on social protection in the SEA • Mandatory contributions are not being made.

190

APPENDIX IV

CHECKLIST FOR APPROVAL OF DMLC PART II

Important Notes: 1. The following checklist is general and does not take into account national

requirements of the Competent Authority as declared in DMLC Part I. 2. The shipowner, in submitting DMLC Part II, must draw up measures to

ensure ongoing compliance with national requirements of the Competent Authority, as declared in DMLC Part I. Such requirements and declarations must be taken into consideration for inspections, to ensure that these are being properly implemented on-board.

3. The relevant provisions of DMLC Part II may make reference to a

shipowners procedure (i.e. in SMS etc.). This is acceptable provided the Inspector approving DMLC Part II has access to in force revisions of those documents.

4. Refer to Appendix B5-I of the Convention for an example of a typical

declaration made by the shipowner on minimum age and medical certification.

191

Reference WR SR NA

1. General Is this approval related to 1st DMLC Part II review or

approval due to major amendments. (YES NO)

Confirmation that DMLC Part I and all referred documents are received before DMLC Part II review

Description of DMLC Part II approval 2. DMLC Part II Content Review Title 1 - Regulation 1.1 - Minimum age R.1.1 Are the ship owner measures for ensuring ongoing

compliance, related to Regulation 1.1 – Minimum age, defined in DMLC Part II in conformity with national requirements identified in DMLC Part I? YES NO

A.1.1.1 Are the ship owners measures for prohibition of seafarers under the age of 16 employment on board specified in DMLC II?

A.1.1.2 Is “night” defined in DMLC II in accordance with national requirements?

A.1.1.2 A.1.1.3

Is there any recognized program defined in DMLC-II, in which the seafarer below age of 18 should be engaged at night and are those seafarers aware of the imposed restrictions before beginning the work onboard?

A.1.1.4 Are the ship owners measures for ensuring that employment, of seafarers under the age of 18 years in any hazardous work that is likely to jeopardize their health or safety specified in DMLC II?

A.1.1.4 Is there a list of hazardous work identified by national authorities recorded in the DMLC-II?

A.3.2.8 Are the ship owners measures for ensuring that no seafarer under the age of 18 is employed, or engaged or works as a ship’s cook specified in DMLC II?

Title 1 - Regulation 1.2 – Medical certification R.1.2 Are the ship owner measures for ensuring ongoing

compliance, related to Regulation 1.2 – Medical certificate, defined in DMLC Part II in conformity with national requirements identified in DMLC Part I? YES NO

192

A.1.2.1 Are the ship owners measures for ensuring that all seafarers , prior to beginning work on a ship, hold a valid medical certificate attesting that the seafarer is medically fit to perform the duties that they are to carry out at sea recorded in DMLC II?

A.1.2.4 Are the ship owners measures to ensure that medical fitness examinations is carried out by a duly qualified medical practitioner licensed at the place of examination and.or who is recognized by the competent authority at the place of inspection recorded in the DMLC-II?

A.1.2.4 A.1.2.7

Are the ship owners measures to ensure that validity of medical certificates are: - maximum one year for seafarers under the age of 18 - maximum two years for other seafarers, - maximum six years for color vision certificates are recorded in DMLC-II?

A.1.2.8 Are the ship owners measures and procedures to ensure that, in urgent cases the permission is obtained from the Administration for seafarers work onboard without a valid medical certificate for ninety days maximum, specified in DMLC II?

A.1.2.9 Are the ship owners measures and procedures to ensure that, a seafarer whose medical certificate has expired while on board obtain a medical certificate at the next port of call from a qualified medical practitioner but no later than three months from the date of expiry specified in DMLC II?

A.1.2.10 Are the ship owners measures to ensure that medical certificates for ships ordinarily engaged in international voyaged provided in English language specified in DMLC II?

Title 1 - Regulation 1.3 – Qualification of seafarers R.1.3 Are the ship owner measures for ensuring ongoing

compliance, related to Regulation 1.3 – Training and qualifications, defined in DMLC Part II in conformity with national requirements identified in DMLC Part I? YES NO

A.1.3.1 Are the ship owners measures to ensure that prior to work on a ship, seafarers are trained or certified as competent or otherwise qualified to perform their duties specified in DMLC II?

A.1.3.2 Are the ship owners measures to ensure that prior to commencing duties on a ship, seafarers shall successfully complete training for personal safety onboard ship specified in DMLC II?

193

A.1.3.3 Are the ship owners measures to ensure all Seafarers covered under STCW as amended are trained and certified as competent, in accordance with the requirements of STCW specified in DMLC II?

Title 2 - Regulation 2.1 – Seafarers’ employment agreements R.2.1 Are the ship owner measures for ensuring ongoing

compliance, related to Regulation 2.1 – Seafarers’ employment agreements, defined in DMLC Part II in conformity with national requirements identified in DMLC Part I? YES NO

A.2.1.4 Does the seafarers’ employment agreement and any applicable CBA include all requirements specified by the convention and by national authorities?

A.2.1.1(a) Are the ship owners measures to ensure that, prior to commencing work onboard, every seafarer is required to have a Seafarers Employment Agreement signed by both the seafarer, the shipowner or his representative defined in DMLC II?

A.2.1.1(c) Are the measures to ensure that the seafarer and the ship owner are provided with a signed original of the agreement defined in DMLC II?

A.2.1.1(b) Are the measures to ensure that each seafarer shall be given an opportunity to examine and seek advice on the agreement, including any collective bargaining agreement that forms part of it, before signing, to ensure that they have freely entered into an agreement with sufficient understanding of their rights and responsibilities defined in DMLC II?

A.2.1.1(d) A.2.1.2

Are the measures to ensure that the seafarers have a possibility to review any collective bargaining agreement if part of the seafarers’ employment agreement before signature on SEA, defined in DMLC II?

A.2.1.1(e) A.2.1.3

Are the measures to ensure that the seafarers receive a record of employment without any statement as to the quality of the seafarer’s work or as to his.her wages defined in DMLC II?

A.2.1.5 Are the measures to ensure that seafarers employment agreement.CBA provide for a minimum notice to be given by seafarers or shipowners for early termination of the seafarers’ employment agreement (not shorter than 7 days) in accordance with national regulations defined in DMLC II?

194

A.2.1.6 Are the measures to ensure that seafarers employment agreement.CBA provide for the seafarer to terminate the seafarers’ employment without penalty at a shorter notice than the minimum or without notice for valid compassionate or other urgent reasons defined in DMLC II?

Title 1 - Regulation 1.4 – Use of any licensed or certified or regulated private recruitment and placement service R.1.4 Are the ship owner measures for ensuring ongoing

compliance, related to Regulation 1.4 – Recruitment and placement, defined in DMLC Part II in conformity with national requirements identified in DMLC Part I? YES NO

A.1.4.2 A.1.4.3

Are the ship owner measures to ensure that in case the private Seaman Recruitment and Placement Service located in a country which has ratified the Convention is used by the owner, this service operate in conformity with a standardized system of licensing or certification issued by the competent authority in that country defined in DMLC II?

A.1.4.9 Are the ship owner measures to ensure that, in case the private Seaman Recruitment and Placement Service located in a country or territory in which MLC 2006 does not apply are used, this service conforms to the standards set out in the Convention defined in DMLC II?

A.1.4.5(b)

Are the measures to ensure that the cost of obtaining any seafarer visas will be borne by the shipowner defined in DMLC II?

Title 2 - Regulation 2.3 – Hours of work and rest R.2.3 Are the ship owner measures for ensuring ongoing

compliance, related to Regulation 2.3 – Hours of work and rest, defined in DMLC Part II in conformity with national requirements identified in DMLC Part I? YES NO

A.2.3.5(b) A.2.3.6

Are the ship owner measures to ensure that the minimum hours of rest or maximum hours of work are established in accordance with the requirements of the convention taking also in account specific national requirements if any, included in DMLC II?

195

A.2.3.7 Are the ship owner measures to ensure that musters, fire-fighting; lifeboat; security and oil-spill drills, safety & security exercises are conducted in such a manner so as to minimize the disturbance of rest periods and not to induce fatigue defined in DMLC II?

A.2.3.8 Are the ship owner measures to ensure that adequate compensatory rest consistent with rest requirements in any 24-hour period is provided for call-outs is defined in DMLC II?

A.2.3.10 A.2.3.11

Are the ship owner measures to ensure that the table of shipboard working arrangements is posted in an accessible place and contain the following information for every position on board: a) position and rank of seafarer; b) the schedule of service at sea and service in port; and c) the minimum hours of rest defined in DMLC II?

A.2.3.10 A.2.3.11

Are the ship owner measures to ensure that the table of shipboard working arrangements is provided in English and the working language(s) of the ship defined in DMLC II?

A.2.3.12 Are the ship owner measures to ensure that records of rest are maintained in a standardized format, in English and the working language(s) of the ship, to allow monitoring of compliance with the requirements above specified in DMLC II?

A.2.3.12 Are the ship owner measures to ensure that seafarers receive a copy of their records as referred to above, endorsed by the Master, or a person authorized by the Master, and by the seafarer specified in DMLC II?

A.2.3.13 Are the ship owner measures to ensure that any relevant CBA exemptions granted by the competent authority to the work and rest hours period are considered, defined in DMLC II?

A.2.3.14 Are the ship owner measures to ensure that the master’s right to suspend the schedule of rest and require a seafarer to perform any hours of work necessary for the immediate safety of the ship, persons on board or cargo, or for the purpose of giving assistance to other ships or persons in distress at sea defined in DMLC II?

A.2.3.14 Are the ship owner measures to ensure that, as soon as practicable after the normal situation has been restored, the master will ensure that any seafarers who have performed work in a scheduled rest period are provided with an adequate period of rest defined in DMLC II?

196

Title 2 - Regulation 2.7 – Manning levels for the ship R.2.7 Are the ship owner measures for ensuring ongoing

compliance, related to Regulation 2.7 – Manning levels, defined in DMLC Part II in conformity with national requirements identified in DMLC Part I? YES NO

A.2.7.1 A.2.7.2

Are the ship owner measures to ensure that is the ship is manned in accordance with the Minimum Safe Manning Certificate (MSMC), with due regard to the safety, security and protection of the marine environment under all conditions, while taking into account seafarer fatigue and the particular nature and conditions of the voyage defined in DMLC II?

Title 3 - Regulation 3.1 – Accommodation and on-board recreational facilities R.3.1 Are the ship owner measures for ensuring ongoing

compliance, related to Regulation 3.1 – Accommodation and recreational facilities, defined in DMLC Part II in conformity with national requirements identified in DMLC Part I? YES NO

A.3.1.2

a) New Ship: Ship constructed and equipped on or after the date when MLC, 2006 came into force? Confirmation that the design, construction and equipment comply approved drawings and national requirements defined in DMLC I for Regulation 3.1?

A.3.1.2

b) Existing Ship: Ship constructed prior to the date when MLC 2006 came into force, constructed and equipped to comply with the ILO Accommodation of Crews Convention (Revised), 1949 (No.92) and.or ILO Accommodation of Crews Convention 1970 (No.133). Confirmation that the design, construction and equipment comply with requirements of ILO 92 or ILO 133 as applicable?

A.3.1.21

Are any ‘Exemptions’ and.or ‘Substantial Equivalents’ defined in DMLC I related to Regulation 3.1 addressed in DMLC II?

A.3.1.7(a)

Are the ship owner measures to ensure that sleeping rooms and mess are adequately ventilated in all climatic conditions included in DMLC II?

197

A.3.1.7(b)

Are the ship owner measures to ensure that the air-conditioning system, where installed, is required to maintain the air at a satisfactory temperature and relative humidity included in DMLC II?

A.3.1.7(d)

Are the ship owner measures to ensure that the heating system, if installed, maintain the temperature in the accommodation at satisfactory level under normal conditions included in DMLC II?

A.3.1.8 Are the ship owner measures to ensure that lighting in the accommodation including sleeping rooms and mess rooms is sufficient included in DMLC II?

A.3.1.6(h)

Are the ship owner measures to ensure that the accommodation and recreational and catering facilities meet the requirements in this Convention on health and safety protection and accident prevention defined in DMLC II?

A.3.1.16

Are the ship owner measures to ensure that protection against mosquitoes, where necessary, is included in DMLC II?

A.3.1.9(b) Are the ship owner measures to ensure that separate sleeping rooms for men and women are provided, included in DMLC II?

A.3.1.13 Are the ship owner measures to ensure that the laundry facilities are provided, adequately equipped and maintained included in DMLC II?

A.3.1.12

Are the ship owner measures to ensure that the hospital accommodation, when necessary, is provided and is used exclusively for medical purposes included in DMLC II?

A.3.1.18

Are the ship owner measures to ensure that, the inspection of seafarers’ accommodation spaces, by or under the authority of the Master, are recorded and carried out in regular intervals included in DMLC II?

A.3.1.2

Has the owner assured in DMLC II that the vessel has been constructed to applicable Convention requirements?

198

A.3.1.19

Are the ship owner measures to ensure that, if applicable, any variations to facilitate seafarers having differing and distinctive religious and social practices of the seafarers as permitted by the Administration, included in DMLC II?

A.3.1.17 Are the ship owner measures to ensure that all recreational facilities provided satisfy the requirements on health and safety protection and accident prevention included in DMLC II?

A.3.1.18

Are the ship owner measures to ensure that, the inspection of seafarers’ on board recreational facilities, by or under the authority of the Master, are recorded and carried on in regular intervals included in DMLC II?

Title 3 - Regulation 3.2 – Food and catering R.3.2 Are the ship owner measures for ensuring ongoing

compliance, related to Regulation 3.2 – Food and catering facilities, defined in DMLC Part II in conformity with national requirements identified in DMLC Part I? YES NO

A.3.2.2 Are the ship owner measures to ensure that food is provided to the seafarers free of charge defined in DMLC II?

A.3.2.1 Are the ship owner measures to ensure that seafarers will be provided with adequate quantities of food and potable water on board taking due regard of the number of seafarers on board, their religious requirements and cultural practices as that pertain to food, and the duration and nature of the voyage included in DMLC II?

A.3.2.2(b) Are the ship owner measures to ensure that the organization and equipment of the catering department is capable of providing seafarers on board with varied and nutritious meals defined in DMLC II?

A.3.2.2(b) Are the ship owner measures to ensure that the catering equipment and facilities including food preparation area, galley and store rooms are maintained in a hygienic condition included in DMLC II?

A.3.2.2(c) Are the ship owner measures to ensure that all seafarers employed in any capacity as catering staff are properly trained or instructed for their positions and tasks to be performed defined in DMLC II?

A.3.2.4 Are the ship owner measures to ensure that seafarers employed as ship's cooks are trained and qualified, defined in DMLC II?

199

A.3.2.5 Are the ship owner measures to ensure that the ship which are not required to carry a fully qualified cook (less then 10 seafarers), the seafarer(s) designated to cooks duties are trained or instructed in areas including food and personal hygiene as well as handling and storage of food on board ship included in DMLC II?

A.3.2.7 Are the ship owner measures to ensure that the inspections by or under the authority of the Master, with respect to: a) supplies of food and drinking water? b) all spaces and equipment used for the storage and handling of food and drinking water and c) galley and other equipment for the preparation and service of meals are performed and recorded, included in DMLC II?

Title 4 - Regulation 4.3 – Health and safety protection and accident prevention R.4.3

Are the ship owner measures for ensuring ongoing compliance, related to Regulation 4.3 – Health and safety protection and accident prevention, defined in DMLC Part II in conformity with national requirements identified in DMLC Part I? YES NO

A.4.3.1(a)

Are the ship owner measures to ensure the adoption and effective implementation and promotion of occupational health and safety policy included in DMLC II?

A.4.3.1(b) Are the ship owner measures to ensure the ship owner will take reasonable precautions to prevent occupational accidents, injuries and diseases on board ship, including measures to reduce and prevent the risk of exposure to harmful levels of noise and vibration and other ambient factors and chemicals as well as the risk of injury or disease that may arise from the use of equipment and machinery equipment and machinery on board ships included in DMLC II?

A.4.3.1(a) A.4.3.2(a)

Are the ship owner measures to ensure, effective implementation and promotion of occupational health and safety program included in DMLC II?

A.4.3.2(b)

Are the ship owner measures to ensure that seafarers under age of 18 years are informed about works being potentially hazardous and likely to jeopardize their health and safety included in DMLC II?

200

A.4.3.2(d) Are the ship owner measures to ensure that, for ships with five or more seafarers, safety and health committee is established, frequency of health and safety committee meetings is defined and issues raised at safety inspections or by the safety committee are addressed in a timely manner, included in DLMD II?

A.4.3.2(b) (c) (d)

Are the ship owner measures to ensure that occupational health and safety program specify the duties and responsibilities of master, seafarers and appointed or elected seafarers safety representative, included in DMLC II?

Title 4 - Regulation 4.1 – On-board medical care R.4.1 Are the ship owner measures for ensuring ongoing

compliance, related to Regulation 4.1 – Medical care onboard ship and ashore, defined in DMLC Part II in conformity with national requirements identified in DMLC Part I? YES NO

A.4.1.1(a) A.4.1.1(b)

Are the ship owner measures to ensure that seafarers working on board have prompt access to the necessary medicine, medical equipment and facilities for diagnosis and treatment, and to medical and occupational health protection information and expertise, which is generally comparable to that provided to workers ashore included in DMLC II?

A.4.1.1(c) A4.1.1(d)

Are the ship owner measures to ensure that seafarers are given the right to visit a qualified medical doctor or dentist without delay in ports of call, where practicable, and free of charge for the seafarer, included in the DMLC II?

A.4.1.1(e)

Are the ship owner measures of a preventive character such as health promotion and health education on board their ships included in DMLC II?

A.4.1.2 Are the ship owner measures for the use of standard medical report form adopted by the administration, and that its confidential content is used only to facilitate the treatment of seafarers included in DMLC II?

A.4.1.4(a)

Are the ship owner measures for assuring that the ship carry a medicine chest and medical equipment onboard bearing in mind the number of persons on board, nature and duration of the voyage included in DMLC II?

A.4.1.4b Are the ship owner measures for assuring that for ships with 100 or more persons and ordinarily engaged on international voyages of more than 3 days' duration qualified medical doctor is on board, included in DMLC II?

201

A.4.1.4c A.4.1.3

Are the ship owner measures for assuring that onboard ships which do not carry a medical doctor, there is at least one seafarer on board who is in charge of medical care and administering medicine as part of their regular duties; or at least one seafarer on board competent to provide medical first aid; and such persons will have completed the relevant training, included in DMLC II?

A.4.1.4(d)

Are the ship owner measures for assuring that medical advice by radio or satellite communication to ship at sea, including specialist advice is available 24 hours a day, included in DMLC II?

Title 5 - Regulation 5.1.5 – On-board complain procedures R.5.1 Are the ship owner measures for ensuring ongoing

compliance, related to Regulation 5.1.5 – On board complain procedures, defined in DMLC Part II in conformity with national requirements identified in DMLC Part I? YES NO

A.5.1.5.2

Are the ship owner measures for implementation of on-board procedures in the format adopted by the Administration for handling of seafarer complaints alleging breaches of this Convention, including seafarers’ rights included in DMLC II?

A.5.1.5.4 Are the ship owner measures for ensuring a seafarers receipt of the on-board procedures copy included in DMLC II?

A.5.1.5.2

Are the ship owner measures for assuring that all complaints are resolved at the lowest level, while recognizing the seafarers right to complain to other levels, included in DMLC II and onboard complain procedure?

A.5.1.5.3

Are the ship owner measures for assuring that the seafarer has a right to be accompanied or represented during the complaints procedure, as well as safeguards against the possibility of victimization of seafarers for filing complaints included in DMLC II and onboard complain procedure?

A.5.1.5.4

Are the ship owner measures for assuring that a person or persons are nominated, for a confidential and impartial advice to the seafarer on their complain and other assistance in following the complaint procedures, included in DMLC II and onboard complain procedure?

202

Regulation 2.2 – Payment of wages R.2.2 Are the ship owner measures for ensuring ongoing

compliance, related to Regulation 2.2 – Wages, defined in DMLC Part II in conformity with national requirements identified in DMLC Part I? YES NO

A.2.2.1 Are the ship owner measures for ensuring that Seafarer’s wages will be paid in full at no greater than monthly intervals in accordance with the SEA or any applicable CBA included in DMLC II?

A.2.2.2

Are the ship owner measures for ensuring that seafarers are given a monthly account of the payments due and the amounts paid, including wages, any additional payments and any the rate of exchange used if applicable, included in DMLC II?

A.2.2.3 A.2.2.4

Are the ship owner measures for ensuring that seafarers are entitled to allot by bank transfers or similar means, all or a proportion of their wages at regular intervals and in due time to the person or persons nominated by the seafarers, included in DMLC II?

A.2.2.5

Are the ship owner measures for ensuring that any charges directed to the seafarer for transmission of wages, including the currency exchange rates will be at the prevailing market rate or the official published rate included in DMLC II?

A.2.2.6

Are the national laws or regulations regulating seafarer wages specified in DMLC I, if any, considered in DMLC II?

203

Appendix V

MATRIX

204

Appendix VI - Checklist for overlap between MLC and ISM

MLC Reg MLC Requirement

ISM Section ISM Requirement Evidence MLC ISM

1.1 – Minimum age

No person below the minimum age (16) shall be employed or engaged to work on a ship

6 – Resources and Personnel

6.2 -The Company should ensure that each ship is manned with qualified, certified and medically fit seafarers in accordance with national and international requirements.

Inspection of crew list or other documents to confirm the seafarers ages. Check work schedules and accident reports regarding the work undertaken by young persons.

Inspection of seafarers medical certificates could possibly highlight any underage seafarers.

205

MLC Reg MLC Requirement

ISM Section ISM Requirement Evidence MLC ISM

1.2 – Medical certificate

Seafarers shall not work on a ship unless they are certified as medically fit to perform their duties

6 – Resources and Personnel

6.2 – The Company should ensure that each ship is manned with qualified, certified and medically fit seafarers in accordance with national/international requirements.

Inspection of seafarers medical certificates

Inspection seafarers medical certificates

206

MLC Reg MLC Requirement

ISM Section ISM Requirement Evidence MLC ISM

1.3 – Training and qualifications

1. Seafarers shall not work on a ship unless they are trained or certified as competent or otherwise qualified to perform their duties. 2. Seafarers shall not be permitted to work on a ship unless they have successfully completed training for personal safety on board ship.

6 – Resources and Personnel

6.2 – The Company should ensure that each ship is manned with qualified, certified and medically fit seafarers in accordance with national and international requirements.

Inspection of seafarers certificates of competency, safety training courses and familiarization records.

Inspection seafarers certificates competencysafety training courses afamiliarizatirecords.

207

1.3 – Training and qualifications (ctd.°

3. Training and certification with IMO requirements shall be considered to meet the requirements of 1 and 2.

6.3 – The Company should establish procedures to ensure that new personnel and personnel transferred to new assignments related to safety and protection of the environment are given proper familiarization with their duties

208

MLC Reg MLC Requirement

ISM Section ISM Requirement Evidence MLC ISM

1.4 – Recruitment and placement

1. All seafarers shall have access to an efficient, adequate and accountable system for finding employment on board ship without charge to the seafarer. 2. Seafarer recruitment and placement services operating in a Member’s territory shall conform to the standards set out in the Code.

Not covered by the ISM Code

Check documentation or other information to allow the inspector to ascertain if seafarers were, recruited directly by the shipowner, recruited through a public service or through a service that is not based in a MLC2006 country.

209

1.4 – Recruitment and placement (ctd.)

3. Each Member shall require, in respect of the seafarers who work on ships that fly its flag, that shipowners who use seafarer recruitment and placement services that are based in countries or territories in which the MLC does not apply, ensure that those services conform to the requirements set out in the Code

210

MLC Reg MLC Requirement

ISM Section ISM Requirement Evidence MLC ISM

2.1 – Seafarers’ employment agreements (SEAs)

1. The terms and conditions for employment of a seafarer shall be set out or referred to in a clear written legally enforceable agreement and shall be consistent with the standards set out in the Code.

Not covered by the ISM Code

Check the SEAs and any applicable CBAs . Check for seafarers record of employment and that they do not contain statements regarding their quality of work

211

2.1 – Seafarers’ employment agreements (SEAs) (ctd.)

2. SEAs shall be agreed to by the seafarer under conditions which ensure that the seafarer has an opportunity to review and seek advice on the terms and conditions in the agreement and freely accepts them before signing. 3. To the extent compatible with the Member’s national law and practice, SEAs shall be understood to incorporate any applicable CBA.

212

MLC Reg MLC Requirement

ISM Section ISM Requirement Evidence MLC ISM

2.2 - Wages

1. All seafarers shall be paid for their work regularly and in full in accordance with their employment agreements.

Not covered by the ISM Code

Check the SEA and other documentation (payroll records). Check relevant documents showing service charges and exchange rates applied to any allotments. Check for confirmation of payment of wages and that where applicable wages are consistent with national wages for seafarers.

213

MLC Reg MLC Requirement

ISM Section ISM Requirement Evidence MLC ISM

2.3 – Hours of work and hours of rest.

1. Each member shall ensure that the hours of work or the hours of rest for seafarers are regulated. 2. Each member shall establish maximum hours of work or minimum hours of rest over given periods that are consistent with the provisions in the Code.

1.4 - Functional arrangements for a safety management system.

1.4.2 – Every company should develop, implement and maintain a Safety Management System which includes instructions and procedures to ensure safe operation of ships and protection of the environment in compliance with relevant international and flag State legislation.

Check for table of working arrangements and hours of work/rest records and compare same with for example log book entries, SEAs etc.

Inspect houof work/rerecords acompare same with, fexample, lbook entrietc.

214

MLC Reg MLC Requirement

ISM Section ISM Requirement Evidence MLC ISM

2.4 – Entitlement to leave

1. Each member shall require that seafarers employed on ships that fly its flag are given paid annual leave under appropriate conditions, in accordance with provisions of the Code. 2. Seafarers shall be granted shore leave to benefit their health and well being and with the operational requirements of their positions.

Not covered by the ISM Code.

Check SEAs,CBAs. And wages records.

215

MLC Reg MLC Requirement

ISM Section ISM Requirement Evidence MLC ISM

2.5 – Repatriation

1. Seafarers have a right to be repatriated at no cost to themselves in the circumstances and under the conditions specified in the Code. 2. Each member shall require ships that fly its flag to provide financial security to ensure that seafarers are duly repatriated in accordance with the Code.

Not covered by the ISM Code.

Check SEAs, CBAs and other documents

216

MLC Reg MLC Requirement

ISM Section ISM Requirement Evidence MLC ISM

2.6 – Seafarer compensation for the ship’s loss or foundering.

1. Seafarers are entitled to adequate compensation in the case of injury, loss or unemployment arising from the ship’s loss or foundering.

Not covered by the ISM Code.

2.7 – Manning levels

1. Each member shall require that all ships that fly its flag have a sufficient number of seafarers employed on board to ensure that ships are operated safely, efficiently and

1.2 – Objectives. 6 – Resources and personnel.

1.2.3.1 – The SMS should ensure compliance with mandatory rules and regulations

Check the Safe Manning Document or equivalent and any other relevant documentation.

Inspect tSafe ManniDocument

217

2.7 – Manning levels (ctd.)

with due regard to security under all conditions, taking in to account concerns about seafarer fatigue and the particular nature and conditions of the voyage.

6.2 – The Company should ensure that each ship is manned with qualified, certificated and medically fit seafarers in accordance with national and international requirements

2.8 – Career and skill development and opportunities for seafarer employment.

1. Each member shall have national policies to promote employment in the maritime sector and to encourage career and skill development and greater employment opportunities for seafarers domiciled in its territory.

Not covered by the ISM Code.

218

MLC Reg MLC Requirement

ISM Section ISM Requirement Evidence MLC ISM

3.1 – Accommodation and recreational facilities

1. Each Member shall ensure that ships that fly its flag provide and maintain decent accommodations and recreational facilities for seafarers working and living on board, or both, consistent with promoting seafarers’ health and well being.

Not covered by the ISM Code.

Inspect the crew accommodation areas for compliance. Inspect records confirming that regular inspections are being carried out

219

MLC Reg MLC Requirement

ISM Section ISM Requirement Evidence MLC ISM

3.2 –Food and catering

1. Each member shall ensure that ships that fly its flag carry on board and serve food and drinking water of appropriate quality, nutritional value and quantity that adequately covers the requirements of the ship and takes into account the differing cultural and religious backgrounds.

6 – Resources and personnel. 7 – Development of Plans for Shipboard Operations.

1.2.2 – Safety management objectives of the Company should, inter alia: 1. provide for safe practices in ship operation and safe working environment 2. establish safeguards against all identified risks and

Check documents to confirm that the ship’s cook is certificated and that the catering staff has been trained. Check on board records to confirm that inspections are being carried out as required.

Check documents confirm ththe shipcook certificated and that tcatering sthave betrained Inspect tgalley afood handliareas ensure ththe laid dowprocedures are beiadhered to.

220

3.2 –Food and catering (ctd.)

2. Seafarers on board a ship shall be provided with food free of charge during the period of engagement. 3. Seafarers employed as ships, cooks with responsibility for food preparation must be trained and qualified for their position on board ship.

3. continuously improve safety management skills of personnel ashore and on board ships, including preparing for emergencies related both to safety and environmental protection. 1.2.3 – The safety management system should ensure: 1. compliance with mandatory rules and regulations; and

Check that the food and drinking water is of suitable quality and quantity and that there is a variation in the food being provided. Check that charges for food are not being made.

221

3.2 –Food and catering (ctd.)

2. that applicable codes, guidelines and standards recommended by the Organisation, Administrations, Classification Societies and maritime industry organisations are taken in to account.

222

MLC Reg MLC Requirement

ISM Section ISM Requirement Evidence MLC ISM

4.1 – Medical care on board ship and ashore.

1. Each Member shall ensure that all seafarers on ships that fly its flag are covered by adequate measures for the protection of their health and that they have access to prompt and adequate medical care whilst working on board.

6 – Resources and personnel. 7 – Development of Plans for Shipboard Operations

6.2 – The Company should ensure that each ship is manned with qualified, certificated and medically fit seafarers in accordance with national and international requirement (eg the Doctor’s qualification and training records of those responsible for medical care).

Check SEAs and other relevant documents for compliance. Inspect the hospital for compliance and check the SMD or crew list for confirmation that a doctor is/is not required to be carried.

Inspect tDoctor’s qualificationtogether wthe trainirecords those responsiblefor mediccare on boaship.

223

4.1 – Medical care on board ship and ashore (ctd.)

2. The protection and care under para 1 of this Regulation shall, in principle be provided free of charge. 3. Each member shall ensure that seafarers on board ships in its territory who are in need of medical immediate medical care are given access to the Member’s facilities on shore.

The Company should establish procedures for the preparation of plans and instructions, including checklists as appropriate, for key shipboard operations concerning the safety of the ship and the prevention of pollution. The various tasks involved should be defined and assigned to qualified personnel.

Check the Doctors’ certificate and the training records of those responsible for medical care. Check that the

Inspect thospital acheck that tlaid dowprocedures are beiadhered Including thandling drugs amedical waste.

224

4.1 – Medical care on board ship and ashore (ctd.)

4. The requirements for on board health protection and medical care set out in the Code include standards for measures aimed at providing seafarers with health protection and medical care as comparable as possible to that which is generally available to workers ashore.

The Company should identify the key shipboard operations and ensure that procedures and instructions, including those for general shipboard operations are laid down for carrying out these operations

225

MLC Reg MLC Requirement

ISM Section ISM Requirement Evidence MLC ISM

4.2 – Shipowners liability

1. Each member shall ensure that measures in accordance with the Code, are in place on ships that fly its flag to provide seafarers employed on ships with a right to material assistance and support from shipowner with respect to the financial consequences of:

Not covered by the ISM Code.

Check SEAs, CBAs and other relevant documents for compliance together with ensuring that on board procedures are being adhered to.

226

4.2 – Shipowners liability (ctd.)

Sickness, injury or death occurring while they are serving under a seafarers’ employment agreement or arising from their employment under such agreement. 2. This Regulation does not affect any other legal remedies that a seafarer may seek.

227

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ISM Section ISM Requirement Evidence MLC ISM

4.3 - Health and safety protection and accident prevention.

1. Each Member shall ensure that seafarers on ships that fly its flag are provided with occupational health protection and live, work and train on board ship in a safe hygienic environment. 2. Each Member shall develop and promulgate national guidelines for the management of occupational safety and health on board ships that fly its flag, after consultation with:

1.2 - Objectives

1.2.2 – Safety management objectives of the Company should, inter alia: 1. provide for safe practices in ship operation and safe working environment 2. establish safeguards against all identified risks and

Check relevant documents such as accident reports for the management of occupational safety and health (OSH) on the ship together with checking that a safety committee is in operation (if required) and

Inspection risk assessmentaccident reports acirculars. Inspection the ship ensure thhazards arisks areduced tominimum.

228

4.3 - Health and safety protection and accident prevention. (ctd.)

representative shipowners’ and seafarers’ organisations and taking in to account applicable codes, guidelines and standards recommended by international organisations, national administrations and maritime industry organisations. 3.Each Member shall adopt laws and regulations and other measures addressing the matters specified in the Code, taking in to account :

3. continuously improve safety management skills of personnel ashore and on board ships, including preparing for emergencies related both to safety and environmental protection. 1.2.3 – The safety management system should ensure: 1. compliance with mandatory rules and regulations; and

…check the on board programme for OSH is compliant and available to all seafarers. Inspect the ship to ensure that OSH procedures are being adhered to and that hazards and the risk of accidents is reduced to a minimum.

229

4.3 - Health and safety protection and accident prevention. (ctd.)

relevant international instruments, and set standards for occupational safety and health protection and accident prevention on ships that fly its flag.

2. that applicable codes, guidelines and standards recommended by the Organisation, Administrations, Classification Societies and maritime industry organisations are taken in to account.

230

MLC Reg MLC Requirement

ISM Section ISM Requirement Evidence MLC ISM

4.4 – Access to shore based welfare facilities.

1. Each Member shall ensure that shore based welfare facilities, where they exist, are easily accessible. The Member shall also promote the development of welfare facilities, such as those listed in the Code, in designated ports to provide seafarers on ships that are in its ports with access to adequate welfare facilities and services.

Not covered by the ISM Code.

231

4.4 – Access to shore based welfare facilities.

2. The responsibilities of each member with respect to shore based facilities such as welfare, cultural, recreational and information facilities and services, are set out in the Code.

232

MLC Reg MLC Requirement

ISM Section ISM Requirement Evidence MLC ISM

4.5 – Social security

1. Each Member shall ensure that all seafarers and, to the extent provided for in its national law, their dependents have access to social security protection in accordance with the Code without prejudice however to any more favourable conditions referred to in para 9 of article 19 of the Constitution.

Not covered by the ISM Code.

Check for evidence that seafarers are covered by the national social security system and that appropriate contributions are being made. Check the SEA to confirm protection is provided by the shipowner.

233

4.5 – Social security (ctd.)

2. Each member undertakes steps, according to its national circumstances, individually and through international cooperation, to achieve progressively comprehensive social security provision social security provision for seafarers.

234

4.5 – Social security (ctd.)

3. Each member shall ensure that seafarers who are subject to its social security legislation, and, to the extent provided for in its national law, their dependents, are entitled to benefit from social security protection no less favourable than that enjoyed by shoreworkers.

235

MLC Reg MLC Requirement

ISM Section ISM Requirement Evidence MLC ISM

5.1.5 – On board complaint procedures.

1. Each Member shall require that ships that fly its flag have on board procedures for the fair, effective and expeditious handling of seafarer complaints alleging breaches of the requirements of this Convention (including seafarers’ rights)

Not covered by the ISM Code.

Check the on board complaint procedure for compliance and that seafarers have been provided with a copy.

236

5.1.5 – On board complaint procedures. (ctd.)

2. Each member shall prohibit and penalise any kind of victimisation of a seafarer for filing a complaint. 3. The provisions in this Regulation and related sections of the Code are without prejudice to a seafarer’s right to seek redress through whatever legal means the seafarer considers appropriate.

237

Consideration of the Human Element within the ages

1492 1828 2010

And the Maritime Labour Convention