The ILO Maritime Labour Convention, 2006

Captain Stephen Chalk

Senior Marine ILO Specialist Lloyds Register

The ILO Maritime Labour Convention, 2006

The four pillars of Maritime Legislation

ILO MLC

MARPOL

SOLAS

The ILO Maritime Labour Convention, 2006

LLOYDS REGISTER

STCW

Overall objectives of the Maritime Labour Convention (MLC) 2006

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

plus

To ensure that governments and ship owners are committed to establishing decent working and living conditions for seafarers.
(Defines the roles and responsibilities Ship Owners, FS, PS)

and importantly

To put control and enforcement mechanisms in place to ensure there is a level playing field.
(Certification scheme - MLC)

The ILO Maritime Labour Convention, 2006

LLOYDS REGISTER

Objectives of the Maritime Labour Convention, 2006

To set minimum standards to address the health, safety and welfare of seafarers in areas such as:

Conditions of employment Accommodation Recreational facilities

Food and catering

Health protection Medical care Welfare and social protection issues

This will help address issues such as:

The causes of fatigue

Occupational health and safety

Recruitment Working and living conditions Crew retention and motivation

Thus improving the safety and the status of shipping

The ILO Maritime Labour Convention, 2006
LLOYDS REGISTER

Key Characteristics of the Maritime Labour Convention, 2006

Consolidates and updates more than 68 existing ILO conventions and recommendations Promotes a practical and flexible approach to implementation through national substantial equivalences, variations and exemptions thus promoting early ratification by ILO Member States.

The ILO Maritime Labour Convention, 2006

LLOYDS REGISTER

Key Characteristics of the Maritime Labour Convention, 2006

Through Title 5 of the Convention there is a powerful enforcement and compliance mechanism which establishes the roles and responsibilities of the ship owners, ship masters and the Flag and Port States defines inspection and certification requirements Addresses maritime labour issues (people) as well as hardware issues.
(With the compliance and enforcement requirements in the new Convention ships may be detained on labour related issues in the future )

The ILO Maritime Labour Convention, 2006

LLOYDS REGISTER

When will the Convention be ratified and implemented?

Ratification requirements - 30 Member countries, representing 33% of the total world gross tonnage - comes into force 12 months after ratification (Resolution 17) Ratifications to date (9) Liberia, Marshall Islands, Norway, Bahamas, Panama, Bosnia & Herzegovina, Croatia, Bosnia and Spain - which makes up around 45% of the total gross tonnage. EU initiatives? (Ratification by December 2010 ) Tripartite Groups (Governments / Ship-owner Representatives / Seafarers) - Guidelines for Flag State Inspection (Resolution 13) - Guidelines for Port State Control (Resolution 4)
The ILO Maritime Labour Convention, 2006
LLOYDS REGISTER

Key Characteristics of the Maritime Labour Convention, 2006 (continued) Definition of seafarer
seafarer means any person who is employed or engaged or works in any capacity on board a ship to which this Convention applies; (1.2 million seafarers) * There are no exemptions: Master, hotel staff etc. Will this be True ????? Resolution VII Annex (maintenance crew, technicians etc. different national interpretations of seafarer ?)

The ILO Maritime Labour Convention, 2006

LLOYDS REGISTER

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

Definition of ship 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; Except as expressly provided otherwise, this Convention applies to all ships, whether publicly or privately owned, ordinarily engaged in commercial activities, other than ships: - engaged in fishing or in similar pursuits - ships of traditional build such as dhows and junks - warships or naval auxiliaries. No minimum tonnage limit unless specifically stated in each individual title of the Convention (some exemptions specifically stated in Title 3 of the Convention) The ILO Maritime Labour Convention, 2006
LLOYDS REGISTER

The certification process - Title 5

Regulation 5.1.3 Maritime labour certificate and declaration of maritime labour compliance Applies to ships of: (a) 500 gross tonnage or over, engaged in international voyages; and (b) 500 gross tonnage or over, flying the flag of a Member and operating from a port, or between ports, in another country. For the purpose of this Regulation international voyage means a voyage from a country to a port outside such a country. * Ships below 500grt, or ships operating on a domestic trade still need to be inspected against the requirements of the Convention but do not need to be certified

The ILO Maritime Labour Convention, 2006

LLOYDS REGISTER

The certification process - Title 5 (continued)

Declaration of maritime labour compliance (DMLC)
Part I shall be drawn up by the competent authority which shall: identify the list of matters to be inspected identify the national requirements to be complied with record any substantially equivalent provisions and exemptions granted by the competent authority Part IIshall be drawn up by the ship owner and shall identify: the measures to ensure continuous improvement and ongoing compliance with the national requirements specified in Part I Part II shall be certified by the competent authority
Inspection

Maritime Labour Certificate (MLC)

(5 year MLC with intermediate full inspection during years 2-3)

The ILO Maritime Labour Convention, 2006

LLOYDS REGISTER

A summary of the codes and recommendations The Structure of the Convention

1) The Articles which set the key principles and obligations 2) The Regulations which are the core requirements supported by the detail found in the Code. The Regulations also reflect those issues which may have to be incorporated into a Member States national law prior to the Member State ratifying the new Convention. 3) The Code. The Code is comprised of two Parts. Part A sets the Standards which are mandatory and Part B provides Guidelines which are not mandatory but which support the implementation of Part A. (but how will Part B be implemented?) Port State Control : Relevant requirements set out in the Articles and Regulations of the Convention and in Part A of the code.
The ILO Maritime Labour Convention, 2006
LLOYDS REGISTER

Regulations and the Code

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

The ILO Maritime Labour Convention, 2006

LLOYDS REGISTER

Title 1
Title 1 addresses the minimum requirements for seafarers to work on a ship. 1. 2. 3. 4. Minimum Age Medical Certificates Training and qualifications Recruitment and placement

The ILO Maritime Labour Convention, 2006

LLOYDS REGISTER

Title 1 - The minimum requirements for seafarers to work on a ship.

MLC, 2006 compliance requirements for such services. Mechanism / lists to prevent or deter seafarers from gaining employment are prohibited Must make no fees/charges to the seafarer for them to gain employment Maintain up-to-date register of seafarers recruited Seafarers are informed of their rights and duties Verification of seafarers qualifications / certificates Mechanism to protect seafarers from being stranded in a foreign port Mechanism to compensate seafarers for monetary loss Respond to complaints concerning their activities Publicize costs, If any, which the seafarers will be expected to bear during the recruitment process Provide information or advise to seafarers family at no cost

Checklist
The ILO Maritime Labour Convention, 2006
LLOYDS REGISTER

Title 2
Title 2 addresses the conditions of employment for seafarers. 1. Seafarers employment agreements 2. Wages 3. Hours of work and hours of rest 4. Entitlement to leave 5. Repatriation 6. Seafarer compensation for the ships loss or foundering 7. Manning levels 8. Career and skill development and opportunities for seafarers employment A number of issues in this Title are very critical inspection items!

The ILO Maritime Labour Convention, 2006

LLOYDS REGISTER

Title 2: (continued)
1. Seafarers Employment Agreement Objective Ensure seafarers have a fair employment agreement Opportunity to review and seek advise Ship-owner / seafarer signed original of the Seafarers employment agreement MLC 2006. Minimum criteria of topics to be include in agreement

2. Wages. Monthly

The ILO Maritime Labour Convention, 2006

LLOYDS REGISTER

Title 2: (continued)
3. Hours of Work and Hours of Rest. The maximum hours of work shall not exceed: 14 hours in any 24 hour period and 72 hours in any 7 day period. OR The minimum hours of rest shall not be less than: 10 hours in any 24 hour period and 77 hours in any 7 day period.

The hours of rest may be divided into no more than 2 periods, one of which shall be at least 6 hours in length, and the interval between consecutive periods of rest shall not exceed 14 hours.

The ILO Maritime Labour Convention, 2006

LLOYDS REGISTER

Title 2: (continued)
4. Entitlement to leave Minimum 2.5 days per month. (DMLC Part 1. National requirements) Maximum length of contract is 12 months. 5. Repatriation No cost to seafarer. Seafarers rights to repatriation. 6. Seafarers compensation for ship loss or foundering 7. Manning Levels

8. Career and skill development and opportunities for seafarers employment

The ILO Maritime Labour Convention, 2006
LLOYDS REGISTER

Title 3
Title 3 addresses 1. Accommodation, recreational facilities 2. Food and catering
Its a seafa rers home

The ILO Maritime Labour Convention, 2006

LLOYDS REGISTER

Title 3: (continued)
1. New Ship vs. Existing Ship requirements (construction and equipment) 2. The status of existing ILO maritime conventions when the MLC 2006 comes into force. (C92, C133) Flag State 3. Title 3 consolidates and modernises existing ILO convention requirements (noise and vibration) 4. Flexibility through national substantial equivalences, exemptions, alternative arrangements .. 5. Owners inspections 6. Food and catering 7. Recreational facilities, mail, communications

The ILO Maritime Labour Convention, 2006

LLOYDS REGISTER

Some examples of deficiencies

The ILO Maritime Labour Convention, 2006

LLOYDS REGISTER

Title 3: (continued)

More examples of deficiencies

The ILO Maritime Labour Convention, 2006

LLOYDS REGISTER

More examples

The ILO Maritime Labour Convention, 2006

LLOYDS REGISTER

More examples

The ILO Maritime Labour Convention, 2006

LLOYDS REGISTER

Title 3: (continued)
A3.1 Paragraph 4 The Competent Authority shall pay particular attention to: The size of rooms and other accommodation spaces Heating and ventilation Noise and vibration and other ambient factors - Exposure to noise B4.3.2 - Exposure to vibration B4.3.3 Sanitary facilities Lighting Hospital accommodation - These will be important inspection items by PSC - The importance of taking into account the minimum standards set by the new Convention and national requirements
The ILO Maritime Labour Convention, 2006
LLOYDS REGISTER

Title 4
Title 4 addresses:

1. Medical care on board ship and ashore 2. Ship owners liability 3. Health and safety protection and accident prevention 4. Access to shore-based welfare facilities 5. Social security

The ILO Maritime Labour Convention, 2006

LLOYDS REGISTER

Title 4 (continued)
1. Medical care on board ship and ashore; medical and essential dental care access to shore based medical facilities 2. Ship owners liability with respect to any financial loss to the seafarer serving under a seafarers employment agreement. (Compensation for sickness, injury, death in service, medical care costs during sickness / injury)

The ILO Maritime Labour Convention, 2006

LLOYDS REGISTER

Title 4 (continued)
3. Health and Safety protection and accident protection - Procedures, policies, safety meetings etc - Exposure to noise and vibration 4. Access to shore based welfare facilities - Seafarers health and well being 5. Social security - 3 of 9 branches to be addressed.

The ILO Maritime Labour Convention, 2006

LLOYDS REGISTER

The ILO Maritime Labour Convention, 2006

LLOYDS REGISTER

Title 5 Compliance and enforcement

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

2.

Port State responsibilities

- The inspection of its own national flagged vessels in port - To enforce the new Convention standards on foreign flagged ships under the no more favourable treatment requirement of the Convention - For having procedures for handling seafarers complaints made on shore

3.

Onboard complaints procedures

The ILO Maritime Labour Convention, 2006

LLOYDS REGISTER

Title 5 (continued)
There are two categories of non compliance with the requirements of the MLC, 2006 convention: Deficiency Serious Deficiency (Detention) A5.1.4 paragraph 7. Where there are grounds to believe that deficiencies constitute a serious breach of the requirements of the Convention (including seafarers rights), or represent a significant danger to seafarers safety, health or security, inspectors are empowered to prohibit the ship from leaving port until necessary actions are taken.

The ILO Maritime Labour Convention, 2006

LLOYDS REGISTER

Title 5 (continued)
Seafarers Complaints: Regulation 5.1.5 Each Member State shall ensure that on ships that fly its flag there are on board procedures for the fair, effective and expeditious handling of seafarers complaints alleging breaches of the requirements of the Convention (including seafarers rights). A5.1.5 paragraph 2 and A5.2.2 Seafarers have the right to complain directly to the master and, where they consider it necessary, to appropriate external authorities. Any complaint procedure used has to ensure confidentiality and safeguard against possible victimisation of the seafarer filing the complaint. A5.1.5 Paragraph 4 Complaints policy / procedures (copy to seafarers). Must contain: Contact information for competent authority in flag state. Where different seafarers country of residence. Name of person(s) onboard who can give advice.

The ILO Maritime Labour Convention, 2006

LLOYDS REGISTER

Lloyds Registers approach to MLC, 2006 inspection

Learning points from our early inspections: Inspection against the requirements of the new MLC 2006 is not a paper exercise but a practical onboard inspection Inspection time 1 day (ex pass vessels) Need for companies to understand the National Requirements The need for all parties to be pro-active

Implement MLC 2006 to your schedule Not ILOs

The ILO Maritime Labour Convention, 2006
LLOYDS REGISTER

For more information, please contact:

Lloyds Register 5 Town Quay Southampton SO14. 2AQ T +44 (0)2380 525700 M +44 (0)7595 243463 F +44 (0)2380525799 E stephen.chalk@lr.org Stephen Chalk Senior Marine ILO Specialist

The ILO Maritime Labour Convention, 2006

LLOYDS REGISTER