Issuu on Google+

TRAiNiNG & SAFETY ShipBuilding

BY cApt. MIchAEL DEchARLES AND MAtthEW BONVENtO

MARItIME LABOR cONVENtION 2006

ChANGiNG ThE FACE OF ShippiNG

the supply vessel Shepherd tide flies the Vanuatu flag

T

he Maritime Labor Convention 2006 will come into force on August 20, 2013, changing the face of shipping forever. The Maritime Labor Convention 2006 (MLC 2006) is a codification of all the previous ILO conventions that lacked wide ratification for various reasons. The far-reaching requirements, Flag and owner responsibilities as well as the mandatory regulations in Part A present unprecedented challenges to shipping. This new convention will affect over 1.2 million merchant seamen according to the ILO. Shipowners and Flags alike have a lot of work ahead before the enforcement date in order to ensure compliance of their vessels. The primary difficulty for Flag will be to balance the needs of its customers versus the desire to promote safe and fair working environments for seafarers. Due to the nature of the MLC 2006 and the fact that each shipowner may have different difficulties in the implewww.marinelog.com

mentation, Vanuatu Maritime Services Ltd. (VMSL) recommends that vessel owners/operators send key company personnel to classes held by the Classification Societies to obtain a clearer understanding of the Convention. Companies must not only ensure that their vessels and crew are compliant, but also that the manning agencies utilized to crew those vessels are vetted so that they too, meet the standards set forth by the Convention. 14 INSPECTION POINTS Port State Control Officers (PSC) boarding vessels in MLC signatory countries will have the authorization in Regulation 5.2.1 to inspect vessels for compliance in 14 areas. A Maritime Labor Compliance Certificate should be prima face evidence of the vessel’s compliance. However, any observed infraction or complaints from crew members are evidence enough to dig deeper. PSC is authorized

upon arrival of a vessel to inspect 14 points that are: 1. Minimum Age 2. Medical Certification 3. Qualifications of Seafarer 4. Seafarers Employment Agreement 5. Use of any licensed or certified or regulated private recruitment and placement services 6. Hours of work/rest 7. Manning Levels for the ship 8. Accommodation 9. On-Board Recreational Facilities 10. Food and catering 11. Health and Safety and accident prevention 12. On-Board Medical Care 13. On-Board Complaint Procedures 14. Payment of Wages. Although Flag Administrations may grant exemptions in the areas of Accommodations and On-board Recreation facilities, most of the other 14 points do not allow for exemptions, but do allow FEBRuARY 2013 MARINE LOG 17


Feb 2013 Marine Log Magazine