MERCHANT SHIPPING (AMENDMENT TO FIRST SCHEDULE) NOTICE, 2012 Paragraph 1. Caton. 2. Amend First Sc gb Wes genie eecetay Gaaet | wate. _ sind[MERCHANT SHIPPING (AMENDMENT T0 FIRST MERCHANT SHIPPING ACT (CHAPTER 268) MERCHANT SHIPPING (AMENDMENT TO FIRST SCHEDULE) NOTICE, 2012 “The Minster, in excciseof the powers confer by section 255 ofthe Merchant Shipping Act, makes the following Notice — Citation, This Notice may be cited as the Merchant Shipping (Amendment Yo Fist Schedule) Notes, 2012. ‘Amends First Schedule to Ch, 268, The First Schodle to the Merchint Shipping, Act (Ck. 268) is amended by inserting immediately afer paragraph (0, the oiowing — “{0n) The Martine Labour Convention, 2006.” ‘Dated this 31° day of December , 2012 Page?Lec i as| i. MERCHANT SHIPPING (MARITIME LABOUR CONVENTION) REGULATIONS, 2012 Arrangement of Regulations Regulation PART I- PRELIMINARY. 3 1. Cation and commencement 5 3 2 Tterpretation 3 3. Application 2 5 PART I- CERTIFICATION 5 ‘Declaration and cerifet, s 5. Carage af documents 6 5 Maritime lsour certs 6 7. Declaration of maritime labour compliance 6 Interim maritime labour eta, 7 9, Renewal of certificate t 10, Suspension, withéraval or ancsliton of declaration or esate 7 PART III ~ MINIMUM REQUIREMENTS FOR SEAFARERS TO WORK ON A SHIP 7 Minimum age for seafiet—— 7 12. Medial certs = 8 5 ° 13, Training and qualifications 4 Recrutmeat and placement services PART IV — CONDITIONS OF EMPLOYMENT. 15, Seafarer” employment 16. Wager ones 7 2 17, Hours ofvest a 13 18 Annual leave 4 19. Repatriation - 4 20. Seafarer compensation forthe ship's loss or foundering 15 21, Manning levels : 15 PART V - ACCOMMODATION, RECREATIONAL FACILITIES, FOOD. AND CATERING = 16 22. Accommodation and vereatona alii 16 23. Food and externg 2 SNe WI Rasta Extraowinary Gente CB, Dales Sioned ‘PART VI- HEALTH PROTECTION, MEDICAL CARE, WELFARE [AND SOCIAL PROTECTION 24, Medical ee. ~ 25. Shipowners' ail. : 26, Health and safety protection and accident prevention = 2h Sexi Seeutyor . 7 PART VII - MISCELLANEOUS 28. Inspection and detention of Babin Sipe . 29. _nspeeton and detention of foreign ships. a 430. Onboard complaint procedures fo Bahamian ships. 31. Onshore seafrer complaint handling procedires, 32) Marine casualties, 33. Guidance on Convention 34 Penalty -HEDULE 2 2 3 25 25 2s 26 26 n 27 a 28MERCHANT SHIPPING (MARITIME LABOUR CONVENTION) REGULATIONS, 2012 MERCHANT SHIPPING ACT (CHAPTER 268) MERCHANT SHIPPING (MARITIME LABOUR CONVENTION) REGULATIONS, 2012 ‘The Minis, n exercise ofthe powers conferred by section 2890 the Merchant Shipping Act, makes he flowing regsltons PART | - PRELIMINARY 4. Citation and commencement. (1) These regulations may be cited as the Merchant Shiping (Marine Labour Convention) Regulations, 2012 (@) These regulations shall come into force onthe 20" August, 2013. 2. Interpretation. In these epuations “Act” means the Merchant Shipping Act (Ch, 268); “authorised offer" means a person appointed. by te competent authority; “Authority” means The Bahamas Martine Autodsy; ‘Pulletn” means The Banas Mame Autoritys Bullins; “conpetent authority” means — (@) forthe terms and conditions of employment, welfre and social protection and otber related mates, the Director of, TLbour or a representative designated by the Director of abou; (6) for maming, hours of work and res, secommolation, complaints on board ship, and other relate! mates, the Director of The Bahamas. Marime Auhory cr representative designated by the Director of The Babamas Macitime Auory, “Convention” means the Maine Labour Convention 2036 adopted by the Intemational Labour ‘Organization at Geneva on the 23" February, 2006 and aiid by The Bahamas on the 11" February 2008; Page-3MERCHANT SHIPPING (MARITIME LABOUR (CONVENTION) REGULATIONS, 2012, laration of maritime labour compliance” means the document ‘eferted to under regulation 7 which sates — (@) the Act, these regulations and any other relevant Iai which embodies the requirement ofthe Convention fo the working Sd living conditions of saferes nd () the measues adopted by the shipowner to ensure ongoing compliance withthe requirements ofthe Convention, and he ‘measures proposed To ensue that thee are continuous improvement on the ship; “Director” means the Diestor of The Bahamas Maritime Author “gross tonnage” means — (@) fora ship having alteative tonnages, the higher of the ‘oanages; and () fora ship having its tonnage determined both under Part 1 tnd regulation 16 of the Merchant Shipping. (Tonnage) ‘Regulations 1982 the tonnage determined under regulation 16; “international yoyage” means a voyage from a por in one court toa ort in another county, “martime labour ceriieate” means acetate, evidencing proof that the ship meets the requirements of the Convention, refered 10 under regulation 6, ‘medical practioner” includes those persons registred unr the Meaieal Act (Ch 224) “Minster” means the Minster esposible for Martine Ali; “passenger” means any person cared onboard a ship except — (2) the master and seafarers or any other person emplayed of cngaged in any capacity onboard the ship onthe business of the ship, () child under one year of ages “passenger sip" means a ship carrying more than 12 passengers; “recognised organisation” means an organisation authorised by the “Authority carryout maritime labour inspections and 2 issue ‘maritime labour cereale o Bahamian ships; “Seafarer” means a person, inluding the master, who is employed, ‘cnenged or works in any capacity on board ship to which the Convention applies;[MERCHANT SHIPPING (MARITIME LABOUR (CONVENTION) REGULATIONS, 20 “seafarers employment agreement” means the contract of employment tnd the arteles of agreement for seafarers refewed to under regulation 15; “seafarer recruitment and placement service” mens a pervon, ‘company, institution, ageney o ther orpnibaton, enzagod in (a) the recruitment of seafarers on behalf of shipowners: of (©) the placement of seafarers wit shipowners; “shipowner” includes an oeganisation ora person suc asthe manage, ‘gen or bareboat charterer, who has responsibility for he ship nd ‘eafarers in accordance with thes regulations; “special purpose ship” means a ship constructed in compliance with the Taterrtional Maritime Organization Code of Safey for Special Purpose Ships, 1983 or the Code of Safety for Ssial Purpose Ships, 2008; “STEW Convention” means the International Convention on Standards ‘of Tsning, Certfation and Watchkeeping for Seatrers 1978, 35 ‘mended 3. Application. These regulations apply to — (@) Bahamian ships engaged in commercial activities, except — (© ships engaged in ishing (Gi) warships ornaval ships, or (Gi) _any other ship as determined by the Dizetor; (©) scaurers, except the categories of persons determined by the Director and specitiodin Bulletin: or (6) seafuerrecuiment and placement services regstered and licensed in The Bahamas PART Il - CERTIFICATION 4. Declaration and certificate, {A shipowner sll not operte& ship except where the ship has beun issued 2 valid (@) declaration of marine abou compliance; and (©) maritime labour critica[MERCHANT SHIPPING (MARITIME LABOUR (CONVENTION) REGULATIONS, 2012 Carriage of documents. (1) A shipowner shall easure thatthe marine labour certifcate andthe eclrtion of marie labour complince, accompanied by an Engi Tanguage slain, if applicable, ara al ies om Board the ship. @) The maritime labour certificate and the declaration of maritime labour compliance shall be psted ins conspicuous place oa board the ship ©) Acopy ofthe marie labour cota and the declaration of stine labour compliance sal be made available, upon request seafar=ag Sate inspectors, authorised offlccs in por States, shipowncrs” and Ssafarers" representatives and any ther person as determined by the Author Maritime labour certificate. (1) A shipowner shall apply in wting to the recognised organisation for 8 ‘nartime labour cette (2) The recognised organisation may issve «maritime labour etcn in the fom set cut in the Schedule, subject to modification, if the recomised ‘organisation is satisfied tht the Bahamian ship isin compan with ‘these regulations and afer inspection ofthe stip (@) The martineIbour cette shal be valid fora peiod not exccoding 5 years (8) This regulation applies to — (@) Bahamian ship tat i 500 gross tonnage or over and engaged in inverational voyages (6) any the ship — thats 500 gross tonnage o oer, (i) inthe teritrial waters of The Bahamas, end (ii) that es the ag of Member tothe Convention Declaration of maritime labour compliance. (1) A shipowner shall make application the Authority fr the completion {nd issue of Part | ofthe declaration of maritime labour compliance poe tothe aplication fora marie labour cetiiat {@) The Authority shall on completion of Part ofthe deslaraton of maritime labour compliance, forward tothe shipowner the declaration of maritime labour compliance fr the shipowaer to complete Par I G) The shipowner shall submit Part I and Part Il of the declation of marie labour compliance, as set out in a Bulletin, tothe recognisedMERCHANT SHIPPING (MARITIME LABOUR CONVENTION) REGULATIONS, 2012 ‘vganisation fr inspection prior 10 the issue of the maritime labour catia, (4) The declaration of mare Ibour compliance shall be atached 10 the marine labour certicate 8. Interim maritime labour certificate, (1) The recognised organisation m labour certeate where — (©) A shipis ona delivery voyages fon request, sue an interim ms () ship is transfered to the Bahamian register; and (©) a shipowne assumes responsibility ortho operation 9 ship rom ‘nother shipovrnet (2) An ior martin labour cerifete valid for a period not exceeding months 9. Renewal of certificate. ‘The recognised organisation may renew a mame labour cette, were the recognised organisation is satisfied after inspection ofthe ship ta the ship i Incompliane wid these regulations, 10. Suspension, withdrawal or cancellation of declaration of certificate. ‘The recognised organisation may, by notice in writing, suspend withdraw oF cancel a delaation of maritime labour compliance and» murtime labour ertiate, ifthe shipowner fils to comply wih the requirements under te ‘Convention and these regulations, rth required comective ation hes not been taken PART Ill - MINIMUM REQUIREMENTS FOR SEAFARERS TO WORK ON A SHIP 14. Minimum age for seafarer. (1) Notwithstanding setin 84 ofthe Acta person under the se of 16 shall ot be employed, engaged or work on & ship (2) Notwithstanding section 84 ofthe Acts person under th ge of 18 shall rot be employed, engaged or work on a ship where fe work may jeopardize heir health snd safety (2) The work refered to under pargraph (2) sll be dtemined by the competent authority a specified in Bullen, Page-7o o [MERCHANT SHIPPING (MARITIME LABOUR (CONVENTION) REGULATIONS, 2012 [Notwithstanding section 84 of the Act seafiver under the age of 18 shall — (2) otbeemploye, engaged o work as ok on ship: and 1) ot engage in night work except where the competent authori ‘etcines that — (the effective taining of a satires, in accordance with ‘sablished programmes and scedules, maybe impaired, i) night work isthe specific nature ofthe duty ofa safer, oF Gi) the recognised training programme requires a sear under the age of 1 to perform duis st ight and thatthe work wil rote detrimental tothe seafarers health or well-being For the purposes ofthis regulation, “night” means a period of at least 9 hours suring no ltr than midnight ships ime and ending no ear than 9500 ships time 12, Medical certificate. o e ° © A shipowncr shall not pemit a seafuer to work on board ship except ‘were that sefarer holds valid medical certs A seafucr who has boon ised a medica certificate shall cary that ‘ertifeste onboard daring that seafarers employment on the ship The competent authority may pemit the seairer tbe examined by redial ere, where— (@) a medical practioner issues a medial cette with resvictons imposed onthe seafarers ability to works or (©) & mesial practitioner refuses to fasbe a medical certs tothe scafure. ‘The medial erifcte issu under paragraph (1) stall — (@) be in acconlance with the STCW Convention and whore safirers ae not covered by the STCW Convention, the medical ceifcte shall ave similar equrements, (©) state that the seafarers hearing, sight and colour vision where folour vision is a requirement forthe work to be performed, are Satsfictory and (©) ste dha the seafer isnot suring fom any medial eonition that may — ()_beattecte ty sea service, (i) render the seairer unfit forse service, oF (Gi) endanger the heath of persons onboard the sip.“MERCHANT SHIPPING (MARITIME LABOUR (CONVENTION) REGULATIONS, 2012 1%. 14 o o o ® ‘The competent authority may in urgent cass, permit sefiner to work without a valid medal cerifcate ull the nest port of cal where the Seafarer may obtain a medical cericate rom a qualified medial Practitioner, provided that — (@) the period of uch permision sal ot exced 3 months; and (©) the seafaree holds « modal certificate that is expire fr a pri’ Set out ina Bulletin. Where the period of validity of a medical certiate expires during the course of the voyage, the medial cerifcate stall continue in fre until the next pot of cal where the safer may obtain = med cl ceriiate fiom a guid medical practioner, provided thatthe paid shall not exceed 3 months "Except where a shorter pie is required by the seafarers dies or under the STCW Convention (@) medical cetieateshll be valid fora period of years except the Seafarer i under the age of 18, in which ease the maximum period of validity shal be one year; (©) scetffetion of colour vision shall be valid fora period 06 yar ‘A medical cenificate for seafrer working on sip odiarily engaged ‘on intrational voyages shall be writen in English ‘Training and qualifications. © ® ‘A seafaer shall not be perited to work on ship exeopt where that seafarer— (@) hassuccessflly completed training for personal safes: (©) is trained or cenified as competent or otherwise qulifed to perform the seafarers ds The traning and certification requirments under paragraph (1) shall be in sconce with the Meant Shipping Teining, Csifieaion, Manning and Watchkeeping) Regultons, 2011 Recruitment and placement services. o Aseafare eeruitmea and placement service stall (tains, and make available for inspection by tke Ditetor of Labour, an up-to-date register ofall sealers recital or placed by the sence; (6) cnsute that seafrer are informed of the seafirer’s rights and Autes under the seafarers” employment sgreemen’ prior tthe Scafaer’s engagement,o ° ® MERCHANT SHIPPING (MARITIME LABOUR (CONVENTION) REGULATIONS, 2012 (©) make proper arangements for a seafuer to examine the sears" employment agreement prior to and. afer the. seafarers’ ‘employment agreement is signed, (8) provide each seaurer with copy of the seafarers’ employment ‘greement; (©) verity that seafarers recruited or placed by tha sevice are qulifed forthe position; (0) _vecly tha the seafarers’ employment agreement i in aceadance ‘with the relevant law and an collstive bargaining aeoment ‘which forms apart the employment agreement (2) ensure, as fir as practicable, hat he shipowner has the means to protect safarcs from being sanded ina foreign pot, (0) examine and respond to any complaint concerning the safirrs recruited and placed by the service and advise the Dinstor of, Tabour of unresolved compli, (© esublish a system of protection, by way of insurance or an equivalent eppropriae ease [No person shall impose fees orator charges on a setae fr reiting, placing or providing employment othe sear, except the cost of — (@) obtaining a medical cetfieste; (©) seafarers record book; (©) apmspor, o other travel documents, excluding th costo sss; oF (@)_ any ining required fora patcular position onboard he sip. No seafurer recruitment or placement sevice shall use any means ‘mechanisms o lists intended prevent or deter any peson from gaining temployment for which they are guid ‘Where te shipower ofa Behumian ship employs a seafare recrutment and placement service ina county in which the Convention does ot apply, the shipowner ‘shall ensure that those. services meet. the ‘ogulrements under ths epic,MERCHANT SHIPPING QMARITINE LABOUR CONVENTION) REGULATIONS, 2012 18. PART IV - CONDITIONS OF EMPLOYMENT Seafarers’ employment agreement. o 2 ° © o © o ® o ‘Norwithstanding the agreement refered to under sections 800 83 ofthe ‘Act a shipowner shall entr ita a seater’ employment arerment with ‘a seafree whom the shipowner employs, engages or works en board the ‘hip, andthe shipowaer and seafrer shall each have sige orginal of| the seafarers’ employment agrement. ‘The seatares' employment agreement shll be signed bythe seafare and the shipower or representative ofthe shipowner, and» copy ofthe seafarre employment agreement shall be accessible for review by the tuhorsed officers, [A seafner sal be permite to examine and seck advice on he seafarers? ‘employment agreement pir signing the agreement Where 2 seafareris not an employee, the shipowner sll enter ieto ‘contractual or similar arangements to that ofthe seafarers’ empleyment sarerent under paragraph (1). [A sipowner shall ensure that clea information as to the cenditions ofthe seafarers employment can be easily obtained on board ke ship by the seafare. [A shipowner ofthe master shall ensure tht every sefirer is given @ ‘docunentcotxining a record of the seafarers erploymen: on board the ‘hip and that document sal not comin ay statement a tthe gully of the sear’ work other wages ‘The form ofthe document refered to under paragraph (6) he particulars toe reorded and the manner in which sch particulars eet be entered Shall be specified in Bulletin Where the language of the seafrers* employment agreement and aay applicable collective bargaining agreement snot in English, the following documents shal be available ia English — (@) scopy ofa standard form ofthe seafarers employment agreement: nd (©) the pans of the coletve bangsining agreement that are sbjet to pore State inspection, ‘The sesfrer’ employment agreement shall contain the following particulars — (@) the safer’ fall nme, date of ith o ag nd bintplace; (8) the shipowners name and adress,9) ay [MERCHANT SHIPPING (MARITIME LABOUR. (CONVENTION) REGULATIONS, 2012 (©) the place where, and date when, the Seafurers’ employment agreement i entered into: (©) the eapacty in which the safare is tobe employed, () the amount of the seafar's wages of, where applicable, the formula used for cletting thems, (9 the amount of paid annual leave ox, where applicable he formula ‘sed fr ealculting fe (he termination of the agreement and the conditions thereof, including — (©) ite agreoment has been made for an indefinite period, the conditions entilng ekher party 0 terminate hy and the required notice period, which shall not be less for the Shipowner than fo the seafaret, (i) ithe agreement hasbeen made for a deinite period the date fixed forts expiry, and ii) if the agreement hasbeen made for & voyage, the port of esination and the time which bas to expire after arival bere the ssafirr should e discharged: () the health and social security protection benefits o be provided to the seafrr bythe shipowne (the seafre'sentiement to repatriation; ©) ference tothe collestve bargaining aprecment, iF applica es nd (any ther pariculars deemed necessary by the competent aihorty, Where a collective bargaining agreement forms all ora pat of a seafarers’ ‘employment agreement, a copy ofthat agreement shall be avaiable on board the ship. Forth purposes ofthis regulation, the minimum period of notice rgured to be given by the seaarer and shower forthe ery erminaton of a seafarers” employment areement shall bo 7 days except in exsptionl ‘lreumstances,#seafrer may give a shorter notice period 16. Wages. o ® Page 12 ‘A seafrer shall be paid on a monthly basis in ascondance withthe seafarers employment agreement and any applicable calletve bargaining sgroement. ‘A sear shall be given monthly aecount ofthe payments due and the amounts paid, including wages, atonal payments and the rate of xchange used, where payment has been made i a cumency or tate iferet fom that agreed, including any deductions madeMERCHANT SHIPPING (MARITIME LABOUR (CONVENTION) REGULATION: 7. o o o m2 A shiver sal establish system for enabling a sears atthe time of| the seafarer entering employment or during ito alla, if the eafre fin remeat with sich allotment, «proportion of the seafarers wages for remitance at regular intervals other families by bank ances or similar ‘A allotment refered to under paragraph (3) shall be rete, without lund dla, dred othe person nominated bythe seafre ‘A charge for service under paragraphs (3) and (4) shal be reasonable in amount, and the rate of cureney exchange, unless othervise provided, ‘all be atte prevailing market rte or the eficil published rate and not ‘unfavourable othe seafarer and shall comply withthe relevant aw Hours of rest. o o ° ® o © 0 ® o ‘The master shal, so far as 36 reasonably practicable, emure that the ‘minimm number of hours of res shall be observed fr setts. The minimurm hours of test shal be not estan en hours any 24-hour riod and 77 hous in any Toa pri ‘The hours of rest refered to under paragraph (2) may be divided ito no more than 2 periods, one of which sb be at lest 6 hours in length, nd the neva between consecutive periods of est shall ot exceed 14 hours Masters fire-fighting and lifeboat dil, and mandatory és, shall be conducted ina manner that minimizes the disurnee of ra periods nd foes not nde ftigue A seafuer shall have adequate compenstoey rest periods, where that Seafarer is oneal std the seafarer normal period of ress dsturbed by callous to work, 1 no colloive bargaining agraement o abation award exits ori the ‘competent authority determines thatthe provisions in the agesment of ard are inadequate, the competent author’ shall ddermine such provisions wo ens hit the seairers concerned have suficent ret [A table wit the shipboard working arangements shall be posted in an ‘esily accesible place on board the ship and the lable shall contain, for ‘every poston atleast — (@) the schedule of service at sx and service in port; and (©) —theminimum hours of rest rquized under paragraph (2). “The table ered to under paragraph (7), hall be in the fr approved by the competent authority and in the working langue of the ship and in English A shipowner shall —aa ay «2 [MERCHANT SHIPPING (MARITIME LABOUR [CONVENTION) REGULATIONS, 20 (2) taintain a record of a seafarers daily hours of rest in the oem etermined by the Authority and in the working language of the Ship and in English: and (©) ive the sear copy ofthe reond pertaining tothe cfr’ Ahly hours of est, endorsed by the master or a person designated by the maser and the sata. “The Authority, in consultation with the Diretr of Labour, may authorise cor veister cllecive bargaining agresments poring exception othe Tits set out in the collective Bargnning nreemens Without prejudice tothe preceding paragraphs, the master may esquire & safarer to perform any hours of Work, wherein the opinion of the master itis necessary in an emergency training the safer ofthe ship or any ‘person on board he ship or damage to cargo oF fo he purpose of giving sistance to cter ships or persons in distress at sea. For the purposes ofthis reauation — (@) “hours of work” means time during which seater ae reqied 10 do work on account ofthe ship, (©) “hours of west” means ime outside hours of works this term does not inside short breaks 18. Annual leave. o ® ° o o ‘A shipowne shall give anual lave, a provided under paragragh (3) 0 Seafarers upon the completion of ech 12 months of employment A shipowner shall give shore lave to seafarers. Subjact 10 any collestve bargaining, agreement providing for an sppropiate method of calculation that lakes acount ofthe spel needs of soatuers inthis spat, the annual leave with py enilement shall be ‘aleaated on the basi ofa minimum of 25 calendar days por onth of «employment, ‘An agreement 10 forgo the minimom anal leave with pay under paragraph (3), except in cases provided for by the Digctor of Labou, prohibited, ‘Annual leave with pay entitlements shall be calculated on the basis set ot ina Balen 19, Repatriation. 0 ‘A shipowner shall repatiataseafirer at no cost to the seafarer — (@) where the seafarers’ employment agreement expires while the eafaer is abroad[MERCHANT SHIPPING (MARITIME LABOUR CONVENTION) REGULATIONS, 2012 20, a. o o o o o (0) pon he expiy ofthe period of notice given in accoxdance with the provisions of the seafarers’ employment agreement, where the Sears employeen agreement is trminatod — bythe shipowner, or (i) by the safarer for easons se out ina Bulletin, (© where the seafarers no longer abet carry out the sefeers dies Under the employment agreement or cannot be expected 0 carry out ‘the duis in the speci circumstances. A shipowner stall (@) not require a sefaer to make an advance payment tard the cost of eptriation atthe begining ofthe seafarers employment and (©) not ecover the cast of repatriation from the seafuers' wages ot ter enilements, except where, the seafirer has contravened the seafarers employment ‘blgutions or collective brgsning agreements {A shipowner of «Bahamian ship shall provide the recognise oganisation ‘with evidence of Financial security forth repatriation of sealers. Notwithstanding the preceding paragraphs, »shipowner may recover the ‘cost of repatiaion under third-party contract! arrangement ‘Wher a shipowner fils o make amangements for, oF to mec, the cost of repatriation of seafarers — (@) the Authority will arrange fer repatriation ofthe seafeers; (©) costs incured in repatating seafarers shal be eecovrale fom the Shipownee: (©) the expenses ofreptaton shall inno case bea charge upon the seafarers, except a provided in paragraph (2; (the ship or other ships of the shipowner may’ be dained by the ‘Authority unl the reimbursement hasbeen made. ‘A copy ofthis regulation, writen in English, shal be cared on board a [Bahamian sip and shall be available o seafarers ‘Seafarer compensation for the ship's loss of foundering, A shipowner stall compensate the seafuer for injury, loss or employment, ‘where a ship is fost rhs foundered, Manning levels. o ‘Ashi shall havea sufficient numberof seafarers on board a determined by the Auhoey Page 18o [MERCHANT SHIPPING (MARITIME LABOUR CONVENTION) REGULATIONS, 2012 A ship shall be manned in accordance with the safe manning dccument {esued under the Merchant Shiping (Training, Certification, Manting and Watchkeeping) Regulations, 2011 and ships to which the requirements of those regulations does ot apply shall be mannod by sealers 3s determined by the Authority, PART V - ACCOMMODATION, RECREATIONAL FACILITIES, FOOD AND CATERING 22. Accommodation and recreational facilities. © ° ° ® 0 Page 16 A shipowner shall provide and maintain safe and decent accommodation ‘and rereational feltes for seafarers working or living on board the ship. Forth purposes af these regulations, hip — (@)constated before the date of ety into fore ofthe Cocvention Shall comply wih the relevant provisions of the Merchant Shipping (Crew Accommodation) Regulations 1978, (©) stall be doemea to have been consvucted onthe date when its Kel {sai or when iat similar stage of eonstucion, ‘The maser ora person designated by the master shall (4) inspect the cew accommodation at intervals nt exceeding 7 ays (© be accompanied by @ minimum of ane member ofthe crew during the inspection of te erew aeommesation; and (6) cause tobe entre in the ship's official log book — ()thetimeand dat ofthe inspection, the names and ranks of the persons conducting. the inspection, and (i) the particulars of the crew ascommedstion or any pat of it that snot compliant with these epulatons. ‘The ships offical log book shall be made available for review by an authorised officer, Forth purposes of these eglations — (@) a ship shall be designed and constructed so hat — @) where full aad fee movement is necessary, the efi ccommodation shall have a clear headroom of 203 entimetes or more povided thatthe Aubosty may permit reduction in headroom in any space, or pat of any space, in“MERCHANT SHIPPING (MARITIME LABOUR CONVENTION) REGULATIONS, 2012 ® sich accommodation where the Authority is stisid that ‘toh reduction is reasonable and wil not esltin discomfort tothe sealers, Gi) the accommodation shall be adenuately insulated, Gi) in ships ker than pasenge ships, sleeping moms shall be siuated above the load line amidships o af, excopt that in ‘exceptional eases, where the size, type oF intended Service of the ahip renders any other location Inpractcable, slsping rooms may be located inthe fore part of the ship, but i no ‘ase forward ofthe collision bulkhead, Gv) in a passenger ship, and in a special purse ship, the Authority may, on condition that satisfactory seangements fare made for lighting and ventilation, permit he location of ‘exp rooms below the load Fine, But inno ese shall hey be located immediately neath working alleyways, (9) there shall be no diect openings into sleeping rooms from ‘argo tnd machinery spces or fom galley, soerooms, drying rooms or communal sanitary areas; hat pat of @ Dultead separating such places fom slepig rooms and ‘exteral bulReads shal be efficiently construc of sel or ‘ther approved substance and be watertight andpas-ight, (oi) the materials sed to construct intemal bulkheads, panelling land shestng, floors and jinings shall be stable forthe Purpose and conducive to ensuring healthy environment, (i) proper lighting and suiciea deunage shall be ovided, (ii) ascommedstion and recreational and estring faites shall, ‘meet the requirements set out in regulation 26, (Gx) a ship ruler tring to mosquito infested ports shall be Tied with appropriate devices; with eparés to ventilation and heating — (sleeping. rooms and mess rooms shall te adequately ventilate, Gi) ships shall be equipped with sir conditioning for setae faccommedation, for any sepuate radio room and for any onzalized machinery contol room, except hase regula) ‘nanged in trade where temperate climatic conftons do not require thi sanitary spaces shall have vetilton tothe open ai, independently of eny other part ofthe aesommodation, and an© ° ® [MERCHANT SHIPPING (MARITIME LABOUR (CONVENTION) REGULATIONS, 2012 (Gv) adequate heat through an appropiate heating system shall be provided, except in ships exclusively on voyages in mpcal limates: with gars ighting — subject to such special arangements as may be pemited by ‘the Authority for passenger ships sleeping rooms and mess ‘oom shall be lit by aatwal ight and provided with sdequate ial ight, (i) al seaarer azommodation shall comply with the stindards ‘of naturel and artical lighting spciied in the Nerchant ‘Shipping (Crew Accomodation) Regulations, 1978; ith egarst sanitary facies — (a seafrr sll have convenient acces on the ship to sanitary facies, wih separate sanitary facilites being proved for men and women, (i) there stall be sanitary files within easy access of the ‘navigating bridge andthe machinery space or nea the engine rood! contra centre, (iin ship, a minimum of one tilt, one washbasin and one tub or shower or both for every 6 persons or less who do not have personal facies shall be provided at a covvenient location, Gv) with the exception ofa passenger ship, each sleepirg room Shall be provided with washbasin having hot and cold running. fesh water, excapt where such washhasin is Situated in a private bathroom, (8) im-a passenger ship normally engaged on voyages of not ‘exceaing 4 hours” duration, the Authority may approve Special arangements or a reduction in the number of feeliesrequed, (i) hot and cold runing fesh water shall be aval ash places, in a ‘Where sleeping accommodation oa board a ship is required — @ in a ship other than a pasenge ship, an individual sleeprg room ‘hal be provided for each ears, subject to the minimum oor are requirments refered (9 under pargraph (7) — 0m ships of less than 3,000 gross tonnage other than a Passenger ship and a specal purpose ship, sleeping roms nay be occupied by a maximum of seafarers,[MERCHANT SHIPPING (MARITIME LABOUR CONVENTION) REGULATIONS, 2012 o ® © o (Gi) oma passenger ship, sleeping rooms may be sccupid by a ‘maximum of 4 seafarers not carying out the duties of a Ships’ office, (il)_on- passenger ship where seafarers perform he duty of petty ‘tice, there shall be no more than 2 persons per sleeping, (iv) on special purpose ships sleeping rooms may accommodate more than 4 persons; separate sleeping oom stall be provided formen and women: 15 far as practicable, sleeping rooms of seafarers shall be so ‘ranged that watches ate separated and that o seer working ‘hring the day sal share a room with watehheepe sleeping rooms sal be of adequate size and — (foreach occupant, the furitue, of smooth bad material not lable to warp or corode, shall include a clahes locket of ample space, with a minimum volume of 475 lies, and a rawr or equivalent space with « minimum volume of 56 lige; ithe drawer is incorporated inthe cates locker then the combined minimum volume ofthe clothes acker shall be 500 litres shall be ited with shelf and able to be locked bythe occupant, i) cach sleeping oom shall be provided with atble or desk, which may Be ofthe fixed, dope or slide-out ype, with omforabl seating aecommodation: beth shall meet the following standards — (@) separate berth foreach sate shall be provide, (Gi) the inside dimensions of a berth shall bea minimum of 198 ‘centimetres by 80 cenimets, (Gi) ther shal bo adequate berth rangement 0 board, (Gv) berths sal ot be arangd in ers of more than 2; if berth is paced along the sips side, there shal be ony single er here a sieliah i situated above abort, (©) the lover berth ina double ter shall be @ minimum of 30 centimetres above the flor the upper beth sal be pase approximately midvay between the botom of the Tower berth andthe lower side ofthe decthead beams, 3 of bth hall be of hard smooth, and no ikl o cored or coy toharbour vermin,o [MERCHANT SHIPPING (MARITIME LABOUR (Gi) if tubular lames are used forthe constuction of bers they stall be completely sealed and without perforations (iD when ne berth is placed over anther, 2 dust pr007 Baton shall be fted beneth the bottom mattress oF spring Bota ‘ofthe upper te (Gx) clean good quality bedding shall be supplied by a shpowner to seafarers during the seafare's service on board te ship, and the seafarers stall be responsible forthe ret of he bedding a times specitid by the maser on completion of service onthe ship. Unless otherwise provided fo in those regulations, sleping rooms shall have the following minimum floor areas — (@) in single beth seafarers” sleeping rooms, the floor ara stall be @ minimum of — 4.5 square mate in ships not exceeding 3,000 gross toanage, ($8 square maces in ships of 3,000 gross tonnage over but less than 10,00 poss tonnage, iT square metres in ships of 10,000 gross tonnage or more; (6) inorder to provide single berth sleeping oom on ships fl than 31000 gross onnage, passenger ships and special purpose sips, the “Authority may allow a reduced flor area; © in ships nt excseding 3,000 gross tonnage, other than a passenger Ship and a special purpose shi, where sleping rooms ar occupied by 2 seafarers, the floor aren of sich sleeping rooms shall be a ‘minimum of 7 Square mewes (©) om passenger ship and a special purpose ship the floor area of ‘sleeping rooms for seafarers not performing the duties of » ships ‘officer shall bea minimum — 75 square mets in rooms accommodating 2 persons (i) 11.5 square metes in reoms accommodating 3 person, (Gi) 14.8 square mes ia rooms accommodating 4 pesos (©) 0n-a special purpose ship sleeping rooms where moce than 4 ‘stares are atcommodatd, the lor are shall bea mininum of [36 square metres per person, (9, ona ship other than a passenger ship and special purpose ship, for ‘Stairs who perfoem the dis of ship’ oicurs whore no private ‘siting room o¢ day oom is provided, the floor area per peso shal ‘bea minimum of — 75 square metes in ships not exceeding 3,000 ross banage,MERCHANT SHIPPING (MARITIME LABOUR CONVENTION) REGULATIONS, 2012 ® o co) a co «3 (i) 85 square meres in ships of 3,000 gros tonnage or more but not exceding 10,000 gross tonnage, Gi) 10 square metres in ships of 10,000 gross tonnage or more: (@) ona passenger ship and special purpose ship, the floor area foe seafarers performing the dues of ship” oise whee no private ‘ing room ar day toon is provided, the floc area pe person fora junio officer shall be a minimum of 7.5 square frets and for cir oficer a minimum of 8.5 square metre (©) the master, the chit engineer and the chief navigating office, and ‘where practicable, the second eagineor fier shall hae, ia ‘nklition to thet sleping rooms, an adjoining siting room, Say ‘oom o equivalent addional space ‘A mess room shall — {@) be located apart fom the sleeping rooms anda close as practicable tothe galley, (©) be of adequate size and comfort and property “umished and ‘equipped mlding ongoing fais for refreshment A ship carying 15 or more seafrrs and engaged ina voyage exceeding 3 ays duration shall be provided with separate accommodation fr medial ‘are and that accommodation shall be accessible, comfortable and conducive othe safer rceving prompt and adequate car A shipowner shall provide laundry Filitis for seater. A shipowner shall provide recreational flies, ameniis and services, Tor seafarers and a ship shall — (@) have a space om open deck to which the seafarers cen have acess wen off duy, which are of adequate area having rer to the size ‘ofthe ship and the numberof seafarers onboard () be provided with separate aces oa common sips office for use by deck and engine departments ‘The Authority may permit faity appli’ vriations in vespost of the requirements inthis fegulation of condition that such vaiations donot ‘esul in overall files fest favourble than those which woud result {fom the applistion of those equements. The Authority may, exempt —~ (@) ships not exceeding 200 gross tonnage from che following provisions ofthis egulation, where itis reasonable to do so, taking fo account the size of the ship and the number af persons on board (@) paragraphs 50, 54) and 10, and Pase-2[MERCHANT SHIPPING (MARITIME LABOUR (CONVENTION) REGULATIONS, 2012 Gi parnpaph (2 (0 (0 (0 and (in sespet of or en fly (©) ships not exceeding 3000 gross toanage from the provisions of paragraphs 7, (6), 8a, aM) and 11) and (6) special purpose ships rom the provisions of paragraph 7() 23. Food and catering. o ° o Page =22 A shipowners ensure hat — (@) the food and drinking water on Bosed the ship are of suitable ‘quantity, nutritional value and quali, forthe number of saares ‘on Board an the duration spd ate ofthe voyage, (the catering. depaninent is organised and equipped to provide seafarers with adequate, varied and nutritious meas, prepared and Served in hygienic conditions, (6) catering sa are property tad or instructed nd (©) seafaree engaged as a c00k on board the ship shall complet a training course approved or recognised by the Authority, except ‘where the Authority emits ano fllyqulfed cook to seve ona specified ship fra limited period ‘A seafaer on board a sip shal, during the period of engagement, be ‘povided with ed fee of charge The master ora person designated by the master shall — (4) inspect the following at intervals nt exceeding 7 days (supplies of fod and drinking water, i) spaces and equipment used for the storage and handing of ‘oa and drinking water, and (Gi) galley and other equipment for the preparation and sevice of meas, (6) be accompanied by «minimum of one member of the ere ding the inspection refered to under stbpargraph (and (©) cause tobe entered in the ships official log book — (])thetime and date ofthe inspection, i) the names and ranks of the persons conductng the inspection, and (i) the pails of the are inspected tha sno compliant with these regulations,MERCHANT SHIPPING @UARITIME LABOUR CONV! 24, 1ON) REGULATIONS, 2012 PART VI - HEALTH PROTECTION, MEDICAL CARE, WELFARE AND SOCIAL PROTECTION Medical care. © ® ® o rc) © » ‘A shipowner sll provide medical care, including essen dental care, fn health protective measures for seafarers working on hoe he sip. A seafucr shall have access 19 prompt medical care at a> cost ro that ‘safarer while werking on board the ship A shiner shall pemit a scafuer t0 visit a modical practioner oF ‘ents in port of eal where practicable, without delay and at no costo the seafrer, ‘A standard medical repost foem stall be adopted by the Minster of ‘ath, and that form shal be used by the ships" master and on board and ‘onshore medial personnel ‘The form refered to under paragraph (4 and its contents shall be kept confidential and shal only be used facia the eatment of setae. ‘A medicine chest, medial equipment and a medical guide sal be caried ‘and maintained on board 8 ship and shall be inspected at intervals not ‘exceeding 12 months ‘A ship carying 100 or more persons and ordinarily engaged on intemational voyages exocding 3 days duration shall have a qualified ‘medial pasitoner oa baud Where a medical practitioner isnot on board ship, the stipowner shall censure that a seafuer, wh has satisfactorily completed taining in medial fare in aecordance with the Merchat Shipping (Tuning, Cetcation, Manning and Watceepng) Regulations, 201, isin charge of medial cafe and administering medicine, and competent provide medial fst ai ‘The Minister of Health shal ensure by a prearanged system that medical Advice by radio or satallite communication i avallble to 8 ship 24 hours aaay. Shipowners' ability. o A shipowner shall (@) belle to bear he costs for seafarers working on borin respect ‘of sickness and injury occurring between the date of commeneing ‘Guy andthe dit upon which they are duly veparaed, ov aising from their employment between those dates nd age-23® ® o © © MERCHANT SHIPPING (MARITIME LABOUR (CONVENTION) REGULATIONS, 2012 (b) ensure that seafarers covered under an insurance scheme or any ‘ter financial security steme regarding sickness, injury or death fcecuring while they ae srving under seafarers employment ‘agreement or arising from thei employment under such agreement, [A shipowner shall make the scheme of other financial security scheme referred to under paragraph (1X) available, a al mes, for inspection by ‘he Authority, an authorised office and the safe. ‘Where the seafarers sicko aj and such sickness o injury results in incapacity for work, a shipowne shall — (0) pay fall wages as fong as the sick or injured seafrerrrmins on ‘oud of uni the sefaer has ben repatriated, td (©) pay wages in whole of in part i accordance with the safes’ employment agreement, calectve bargaining agreement of as povided for under the rolevant laws, cluding the Employment ‘Act (Ch. 3214) and the Minimum Wages Act (Ch 3212, when the ‘cafes repaated oe landed util the seafarers recovery A shipowner sal pay wages ia whole orn part toa seafrer no anger on board the ship fo the period as et out ina Bulletin. A shipownr shal take measures for safeguarding property left onboard the ship by 2 sick, injured or deceased seafarer and for returng the propery tothe sstfareror he safes personal representatives, ‘Notwithstanding the insurance scheme or the Financial security scheme referred to under paragraph (1(),ashiowner shal ot be ible {@) injury incared to the safe other thn inthe service ft ships (©) injury of sickness due to the wif misconduct ofthe sick, njred ‘or doceasd seater, (©) sickness or infinity intentionally concealed bythe sealer at the ‘ime ofsgninga sear employment agreement 26. Health and safety protection and accident prevention. o ® ° Page -24 A seafare shall be provided with cecupational health protection consistent with their right olive, work and tain om board the ship in 9 safe and Iygieniccavieonment The Authority may’ adopt and review at intervals the guidelines fr the management ofthe seafrer's oecpatonal safety and health onboard the ‘hipand the guidlines sal be published ina Bulli, A shipowner shall adopt and promote on board the ship oseusaional safer and health management policies and programmes in accordance vith the guidelines referred to under paragraph (2)[MERCHANT SHIPPING (MARITIME LABOUR CONVENTION) REGULATIONS, 2012 27. Social security. o o ° 6 ‘Aseafarer who i citizen of The Bahamas ris ordinarily resident in The Bahamas shall be covered under the social security schame, specified under the National Insurance Act (Ch 350) and set out na Bulletin, [A shipowner who employs a seafarer, whois a ctizen of Tre Bahamas or is ordinarily resident im The Bahamas, shall make the appropiate employer contributions to The Bahamas social security shame refered to Under paragraph (1) A shipowner, who employs seafarers from country or tein thai ot ‘party tothe Convention, shal ensure tht the seafarers are provided with cess to socal security protection as set out ina Bulletin {A seafarers’ employment agreement ora coletve barging agrcment shall prove details of the agreed social security arangements in 'ecordance withthe relevant las PART Vil - MISCELLANEOUS 28. Inspection and detention of Bahamian ships. o o ‘An authorised offer may inspect any. Bahamian shi and if the tuthorsed office is sted thatthe ship snot n compliance with these regulations the authorised officer may detain the ship util tbe hell and Safey ofthe person on Board the sip is seared ‘An authorised officer shall ot ureasonbly detain o delay the ship, 28, Inspection and detention of foreign ships. o ‘An authorised officer may inspect any ship ater than Bahamian shi when the ship isin & Bahamian port and ifthe authored officer is Satisfied thatthe ship i notin compliance with these regulations, the tithorised oficer may — (@) senda report tothe goverment ofthe county in which the ship is registered, and copy of the report tthe Diretor- General ofthe Interational Labour Office; and (©) where conditions on board are clearly hazardous to the safety of health of the sears — (@) taketh necessary measures ta etfy those corditons, or Gi) detain he ship age-25o o [MERCHANT SHIPPING (MARITIME LABOUR (CONVENTION) REGULATIONS, 2012 Provided thatthe measures specified may be taken ony when the Ship bas called at Bahamian port in the normal course of business ‘efor operation reasons, Where the authorised officer undertakes either ofthe measures svcd in paragraph (1, the authorised officer shall immediately ny the neatest maritime, consular or diplomatic representative ofthe Sate whose ‘ag the ship is ented t ‘An authorised ofcer shall notin the exercise of his powers unresonably detain or delay the ship 30. On-board complaint procedures for Bahamian ships. o © o o © ‘A shipowner shall ensure that onboard complaint procedures, that may be ‘se by seafarers to lodge complains relating to any mater tat isalleged to contute a breach ofthe requirements of the Convention, i kept all times, onboard the ship. ‘A scafarr shall be provided with « copy of the on board cemplaint procedures ‘A seafarer may report a complaint tothe maser and, where they conser icnesessry, to the appropriate extemal author ‘The on board complaint procedures referred to under paragraph (1) shall include — (2) the seafarer's right to representation; (©) safeguards aginst victimization of the scare (©) contact information for the Director of Labour in The Baharas and, ‘where deen, nthe seafarers country of residence, and (the mime of person on hoard the ship who may’ provide safes ‘with confidenal and impartial advice and assist the seafeer with the onboard complaint procede, ‘A sealer’ ht to legal remedies or alterative dspateresluin shall ‘not be prejuiced by onboard complaint procedures. 31. Onshore seafarer complaint-handling procedures. o ® age -26 A seafireron a ship calling at port in The Bahamas who alleges breach of the requiements ofthe Conveaton, including seafarers gis, may ‘report sich breach inthe manner contained in Bulletin to the competent sth. ‘A seaarer who allecs a beach of the reauiements of the Contention inciudng seafarers rights, andthe ship is not The Bahamas may report[MERCHANT SHIPPING OMARITIME LABOUR CONVENTION) REGULATIONS, 2012 such breach to an authorised officer inthe port at whick the ship has calle, G) An authorised officer, investigating complaint made under paragraphs (and @) shall give the master, the shipowner and any other person involved in the complaint, an opportunity be hear. 4) An authorised ofier shall ensue that complains made by seafrers are kept confident 32, Marine casualties. Pursuant to section 241 of the As, the Authority shall hold sn ini into any serious marine casualty, resuling in injury o¢ loss of ie, which involves ship that Mies the lag of The Bahamas. 38, Guidance on Convention. ‘The competent authority may provide guidance onthe Convention in Bulletins. 34, Penalty [A person who contravenes the provisions of these regulations commits an lffence ands liable on summary conviction ta fine of $00 della[MERCHANT SHIPPING (MARITIME LABOUR (CONVENTION) REGULATIONS, 2012 SCHEDULE (regulation 6) ‘Maritime Labour Certificate (ore: This Corti shall have a Declaration (ef Martine Labow Compliance atached) Issued under the provisions of Ale Vand Tie $f the Maritime Labour Coneaton, 2006 (tered to below 8 the Convention") under the tory ‘the Government of the Commonvealt of The Bass “ul designation and addres ofthe compel it authority o ecognised organisation uly authorized under the povsons ofthe Conveton) Parca ofthe stip Nae of hip nn : 7 Distnetve numba ec Porat resist = Date of easy ——— Gross tommage IMO number i oo “Type orsti. : : ‘Name and adres fhe sipowme “This isto erty [Thats ship has bee inspected and ved o bein compliance with he requiem ‘ofthe Convention, and the provisions ofthe atached Declaration of Marine Labour Compiince 2. That he sear” working and living coins specif in Append AS-1 ‘ofthe Convention were found to comesprd othe sboverentioned county's national ‘egureent mplmening the Convention The rina requrerens are surenarzed ‘ferent in hee yt ye MO, es ag Wh kin RE HIARES mf hc oe Ct 8) Se nce HU of Sui mums oo ec mate iin he amg, nH «int sn erin ree eon eer oo ah ‘Sep a pel is Sure sn apenas oan et ‘Sirou spesr a hey ch paca pes Bl ano ao ps ot ‘Siete trom Se fet econo Page -28[MERCHANT SHIPPING OMARITINE LABOUR (CONVENTION) REGULATIONS, 2012 ln the Delain of Martine Labour Compliance, Pa “This Coote i valid wet. subject o Inspections in ecordance ‘with Stndards A513 and 5.14 of te Convection “This Ceri is valid only when the Declaration of Marie Labour Compliance issued ence (Ofer GCS onion dn apn on ih is Coie sd ws Tes a Senate ofthe ly sthorsd aici ing tn Cnc (Gealorsamp of issuing authority, 5 appropri) Endorsements for mandatory interment inspection an if require, any abionl inspection This wo ceri that the ship was inspected in accordance wih Sandals AS and [ASA ofthe Convention and thatthe sears” working and living condtins Spoof a ‘Appendix AS-i of the Convention were fund to caespind fo the stovemttoned ‘ex's atonal equceents plement the Convention. Intermediate inspeton: Sigped nnn (Cobe completed bareen he second (Signatur of auoised acl) dh anivesary date), Place o Date (Gealorsiaap of te autor. aspera) Adsonal endorsement (if roires) ‘This isto ceri tht the ship waste sajet of an adsitoal inspection forthe purpose of ‘eriging tit the ship catinied to be in compliance with the natonl regrets Implementing the Convention, at required by Slandanl A3., purgrsh 3, of De Convention {cessation or sean allen of accommodation) oe for other Aditional inspection Signed — requis) (Siannie of auorsed oficial) Plat enn be (Seal or samp oft autor, ssappeopit)| Aditiona nspeton Siened ‘trequtes) (Gignnue of authorised oii Place E =MERCHANT SHIPPING (MARITIME LABOUR SONVENTION) REGULATIONS, 2012 (Seal o sap of tater, ss appropie) Aditional inspection Signed = ‘ateoquled) (Sigua of auhsscd oficial) Plat Date (Seal x Samp of th aaa, ss ppropiae) Dated this 315 day of December 2012. ( a sop lca —