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Maritime Labour
Convention; 2006
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Introduction
What we will cover today:

Introduction to the MLC, 2006

Objectives

Some key characteristics

When will the MLC, 2006 be implemented?



3
A summary of the requirements and
recommendations contained in the MLC, 2006

Practical implementation

Scope of inspection

Action Plan for owners preparing for inspections

Introduction
4
Existing maritime labour standards
68 instruments on issues such as:
Conditions for admission to employment, for example,
minimum age;
Compulsory medical examination prior to employment;
Repatriation of seafarers at the end of employment;
Entitlement to social security benefits;
Standards for vocational training and welfare facilities;
Measures to prevent occupational accidents on board, and
investigation procedures for such accidents;
Minimum standards for food, catering and
accommodation.
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Why did the ILO decide to
develop a new Convention?
Greater awareness of the unacceptable impact of
sub-standard shipping

Sinking ships and loss of human life
In 1990, 149 ships with 807 lost lives
In 1994, 118 ships with 1478 lost lives
Marine pollution
Ships are sub-standard when living conditions on
board are hazardous to health and safety of the
crew (even if the vessel is otherwise seaworthy)
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Why did the ILO decide to
develop a new Convention?
1990s, to review all of its standard setting and supervisory
activity to better ensure that its Conventions are designed
to achieve universal acceptance and that issues such as
effective enforcement and compliance are better addressed.
In 2001 the Ship-owners and Seafarers in the Joint Maritime
Commission (JMC), jointly proposed a new approach and
preferred solutions to the existing maritime labor
instruments in order to better provide:
Comprehensive and effective protection of the seafarers'
rights to decent work;
A level playing field for Governments and Ship-owners,
with flexibility as to the means of delivering this
protection and accommodating diversity.
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Quality shipping=Decent work
Quality shipping includes the ship, its operator, its
flag and the SEAFARERS working and living
aboard ship
A happy crew is safer and more efficient
Quality of working and living conditions essential
element of quality shipping
Savings on social and labor issues is unfair
advantage for substandard shipping
Distress for seafarers
Unfair competition for ship-owners and flags
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Reasons for change
Many of the existing ILO instruments needed to
be updated to reflect the working conditions in the
industry
Changes in ownership, financing and the rise of
ship management companies resulting in
significant shifts in the labour market for seafarers.
Development of consciously composed mixed
nationality crews in highly organized global
network linking ship-owners, ship managers, crew
managers, labour supplying agencies
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Reasons for change
Increased internationalization of ship registries and flags
of convenience led to competition between flags and
reluctance to ratify ILO Conventions
A need to provide a level playing field and avoid
exploitation of workers
Increased stress and complexity in the maritime work place
that has an impact on the health and social security of
workers
The high level of detail combined with the large number of
Conventions led to problems for compliance and
enforcement and a relatively low ratification level for key
ILO Conventions
10
The goals of the MLC 2006
Updating and consolidating existing ILO Conventions
regarding seafarers working and living conditions (Current
Conventions, such as 92, 133, 134, 147, 164, 178 and 180 will
be replaced by the MLC 2006).
Recruit, retain and motivate qualified labor in a tight labor
market
Preventing poor working and living conditions
being/becoming a financial advantage in shipping
Creating a level playing field
Establishing and maintaining the Maritime Labor
Convention 2006 [on working and living conditions at sea]
as the 4th pillar in the international maritime regulation,
needed to ensure safety and efficiency at sea (together with
SOLAS, MARPOL and STCW).
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Maritime Labour Convention 2006
Format & Content
Each Title comprises a number of
Regulations, Standards and Guidelines
relating to various topics
Title 1. Minimum requirements for seafarers
to work on a ship
Regulation 1.1 Minimum age
Regulation 1.2 Medical certificate
Regulation 1.3 Training and qualifications
Regulation 1.4 Recruitment and placement
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Maritime Labour Convention 2006
Format & Content
Title 2 Conditions of employment

Regulation 2.1 - Seafarers employment agreements
Regulation 2.2 - Wages
Regulation 2.3 - Hours of work and hours of rest
Regulation 2.4 - Entitlement to leave
Regulation 2.5 - Repatriation
Regulation 2.6 - Seafarers compensation for the ships loss
or foundering
Regulation 2.7 - Manning levels
Regulation 2.8 - Career and skill development and
employment opportunities for seafarers
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Maritime Labour Convention 2006
Format & Content
Title 3 Accommodation, recreational facilities, food and catering

Regulation 3.1 - Accommodation and recreational facilities
Regulation 3.2 - Food and Catering


Title 4 Health protection, medical care and social security protection

Regulation 4.1 - Medical care on board ship and ashore
Regulation 4.2 Ship owners liability
Regulation 4.3 - Health and safety protection and accident prevention
Regulation 4.4 - Access to shore-based welfare facilities
Regulation 4.5 - Social security
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Maritime Labour Convention 2006
Format & Content
Title 5 Compliance and Enforcement

Introductory paragraphs
Regulation 5.1- Flag State responsibilities
Regulation 5.2 - Port State responsibilities
Regulation 5.3 Labour-supplying
responsibilities

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Innovative features to improve
efficiency of labour standards
A new system for effective enforcement and compliance a
certification system for decent work
A Maritime Labour Certificate & a Declaration of Maritime
Labour Compliance
Applies only to ships above 500 GT engaged in
international voyages or voyages between foreign ports,
however the certificate system is available, on request by
ship-owners, to other ships
Prima facie evidence of compliance with the requirements
of this Convention (Articles, Regulations and the Code,
Part A)
No more favourable treatment provision to help ensure a
level-playing field (in the context of port State control
measures)
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Overall objectives of the Maritime
Labour Convention (MLC) 2006
To establish decent working and living conditions for All
seafarers worldwide.
(1.2 million seafarers, estimated 69,000 ships 16 %
Unionized) plus
To ensure that governments and ship owners are
committed to establishing decent working and living
conditions for seafarers.
(Defines the TRIPARTITE roles and responsibilities Ship
Owners, Mariner & FS, PS)
and importantly
To put control and enforcement mechanisms in place to
ensure there is a level playing field.
(Certification scheme -MLC)
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Objectives of the Maritime Labour
Convention, 2006
To set minimum standards to address the health, safety and welfare of
seafarers in areas such as:

Conditions of employment

Accommodations

Recreational facilities

Food and catering

Health protection

Medical care

Welfare and social protection issues

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Objectives of the Maritime Labour
Convention,2006 (continued)
These minimum standards are intended to address issues such as:

The causes of fatigue

Occupational health and safety

Recruitment

Working and living conditions

Crew retention and motivation

Thus improving the safety and the status of shipping

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Key Characteristics of the Maritime
Labour Convention, 2006

Consolidates and updates existing ILO instruments
(Bill of Rights for Seafarers the 4thPillar of Maritime
Legislation)

Promotes a flexible approach to implementation
through national substantial equivalences, alternatives
and exemptions thus promoting early ratification by
ILO Member States.

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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.
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Key Characteristics of the Maritime
Labour Convention,2006(continued)
Broadly defines ship

ship
The Convention applies to all ships, whether publicly or privately owned,
ordinarily engaged in commercial activities, other than ships:

Which navigate exclusively in inland waters or waters within, or closely
adjacent to, sheltered waters or areas where port regulations apply

Engaged in fishing or in similar pursuits

Ships of traditional build such as dhows and junks

Warships or naval auxiliaries.

22
When will the Convention be ratified
and implemented?

Ratification requirements
30 Member countries, representing 33% of the total world
gross tonnage
MLC, 2006 will come into force 12 months after ratification
(Resolution 17)

ILO 5 year Action Plan

-Ratification 2011
-Implementation 2012
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What else will occur as we run up to
ratification and implementation?

Liberia, Marshall Islands, Bahamas, Panama, Norway and
a few others have ratified the Convention

Some Member States have informally indicated their intent
to ratify

Many states dont want to appear to not care thus they
ratify


EU initiatives?

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

1.Minimum Age

2.Medical Certificates

3.Training and qualifications

4.Recruitment and placement

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Title 2
Title 2 addresses the conditions of employment for seafarers.

1.Seafarers employment agreements

2.Wages

3.Hours of work and hours of rest

4.Entitlement to leave

5.Repatriation

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

7.Manning levels

8.Career and skill development and opportunities for seafarers
employment

27
Title 3
Title 3 addresses

1.Accommodation, recreational facilities

a) New Ship vs. Existing Ship requirements

(construction and equipment)

b) Existing ships -status of existing ILO maritime conventions when the
MLC 2006 comes into force.

c) Title 3 consolidates and modernises existing ILO convention requirements
-(noise and vibration)

d) Flexibility through national substantial equivalences, exemptions,

alternative arrangements

b) Owner's inspections


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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 -Exposure to vibration

Sanitary facilities

Lighting

Hospital accommodation

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Title 4
Title 4 addresses:

1.Medical care on board ship and ashore

(medical and essential dental care, medicines, equipment,
on board facilities, guidelines, training and
communications, access to shore based medical facilities)
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Title 4 (continued)
2.Ship owners liability

(compensation for sickness, injury, death in service; medical care costs, payment of wages
during sickness/injury)

3.Health and safety protection and accident prevention

(procedures, policies, safety meetings, safety equipment and training, exposure to noise and
vibration)

4.Access to shore-based welfare facilities

5.Social security

Medical care, Sickness benefit, Old-age benefit, Employment injury,
Family benefit, Invalidity benefit and Survivors benefit
31
Title 5Compliance and enforcement
Title 5addresses the following issues:

1.Flag State responsibilities

-To define the national Flag State requirements
-The Inspection and Certification of vessels against the new Convention and
national requirements
-Authorisation of recognised organisations
-For having procedures for handling seafarers complaints

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

32
Seafarers Complaints:

Regulation 5.1.5
Ships are required to have on board procedures for the fair, effective and
prompt handling of seafarers complaints alleging breaches of the
requirements of the Convention (including seafarers rights).

A5.1.5 paragraph 2 and A5.2.2

Seafarers have the right to complain directly to the master and, where they
consider it necessary, to an appropriate external authorities.
Any complaint procedure used has to ensure confidentiality and safeguard
against possible victimisation of the seafarer
ILO will use deficiencies, detentions and seafarers complaints as a measure of
the effectiveness and success of the MLC, 2006.
Title 5Compliance and
enforcement
33
Title 5 The Certification Process
Regulation 5.1.3 Declaration of Maritime Labour
Compliance (DMLC)
and.. Maritime Labour Certificate
Applies to ships of:
(a) 500 gross tonnage or over, engaged in international voyages;
and
(b) 500 gross tonnage or over, flying the flag of a Member and
operating from a port, or between ports, in another country.
* Ships below 500grt, or ships operating on a domestic
trade still need to be inspected against the requirements of
the Convention but do not need to be certified
34
Declaration of maritime labour compliance (DMLC)

Part I shall be drawn up by the competent authority which shall:

Identify the list of matters to be inspected

Identify the national requirements to be complied with

Record any substantially equivalent provisions and exemptions granted by the
competent authority

Part II shall be drawn up by the ship owner and shall identify:

The measures to ensure continuous improvement and ongoing compliance
with the national requirements specified in Part I

Part II shall be certified by the competent authority

Title 5 The Certification Process
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Scope of Inspection
Appendix A5-1 (same as the DMLC Part I and DMLC Part II)

1. Minimum age

2. Medical certification

3. Qualifications of seafarers

4. Seafarers employment agreements

5. Use of any licensed or certified or regulated private recruitment and placement
service

6. Hours of work or rest

7. Manning levels for the ship


36
Scope of Inspection
1. Accommodation

2. On board recreational facilities

3. Food and catering

4. Health and safety and accident protection

5. On board medical care

6. On board complaint procedures

7. Payment of wages

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Action Plan For Vessel Owners

Masters regular inspections of his ship


On board MLC, 2006 Manual - (DMLC)

Ships staff awareness of MLC, 2006 requirements

Development of comprehensive on board complaint procedures

Training in complaint handling on board ships


The Master to be able to undertake wage calculations

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CHECK LISTS
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TITLE 1 - MINIMUM REQUIREMENT
FOR SEAFARER TO WORK ONBOAD A
SHIP
MINIMUM AGE
Are there any seafarers under 16 years of age, or below
the minimum age specified by the Flag State, (which
ever is the higher) on board the ship?

Do any seafarers under 18 years of age work at night? If
so, is this work part of a recognised training
programme or is it of such a specific nature that it must
be performed at night?
40
Do any seafarers under 18 years of age perform
certain types of work that may harm their health
or safety?

Are all seafarers employed or engaged or
working as a ship's cook over the age of 18?
TITLE 1 - MINIMUM REQUIREMENT
FOR SEAFARER TO WORK ONBOAD A
SHIP
41
MEDICAL CERTIFICATE

Do all seafarers on board have a valid medical
certificate?
Are medical certificates dated prior to the
seafarer beginning work on board?
TITLE 1 - MINIMUM REQUIREMENT
FOR SEAFARER TO WORK ONBOAD A
SHIP
42
Are all medical certificates valid? (Seafarers
under 18 - 1 year; otherwise - 2 years). Colour
vision - 6 years. If it is expired, how long has it
been expired for? - with medical certificates
expiring during course of a voyage exemptions
can be given by the Flag State for not more than
3 months provided the seafarer has a recently
expired medical certificate.
TITLE 1 - MINIMUM REQUIREMENT FOR
SEAFARER TO WORK ONBOAD A SHIP
43
In the case where a seafarer has a medical
restriction on the type of work they can
undertake is this being respected? Do medical
certificates comply with the Flag State specified
requirements?

Is the medical practitioner who issued the
certificate recognised by the Flag State as being
duly qualified?
TITLE 1 - MINIMUM REQUIREMENT FOR
SEAFARER TO WORK ONBOAD A SHIP
44
TITLE 1 - MINIMUM REQUIREMENT FOR
SEAFARER TO WORK ONBOAD A SHIP
TRAINING AND QUALIFICATION
DOCUMENTS
Are all seafarers on board trained or certified or
qualified as competent to perform the duties and
work assigned to them? (Training and
certification in accordance with instruments
adopted by the IMO are accepted; with other
competency requirements specified in the
DMLC Part I)
45
TITLE 1 - MINIMUM REQUIREMENT FOR
SEAFARER TO WORK ONBOAD A SHIP
Are all such certification and
qualifications/training still of a valid date and
not expired?
Are any seafarers undertaking any tasks they are
not trained or certified or qualified to do?
Have all seafarers completed training for
personal safety on board ship?
46
TITLE 1 - MINIMUM REQUIREMENT FOR
SEAFARER TO WORK ONBOAD A SHIP
SEAFARERS RECRUITMENT AND
PLACEMENT SERVICES

Are there seafarers on board who have been
recruited and engaged by the ship owner from a
recruitment and placement service that is based
in a member state who has not ratified the MLC,
2006?
47
TITLE 1 - MINIMUM REQUIREMENT FOR
SEAFARER TO WORK ONBOAD A SHIP
Is the ship owner able to provide
evidence that those seafarers identified
have been provided from a
recruitment and placement service
which meets the requirements of the
MLC, 2006?
48
TITLE 1 - MINIMUM REQUIREMENT FOR
SEAFARER TO WORK ONBOAD A SHIP
Are there seafarers on board who have
been recruited and engaged by the ship
owner from a private service (or
service operated by a seafarers'
organisation) in a member state who
has ratified the MLC, 2006?
49
TITLE 1 - MINIMUM REQUIREMENT FOR
SEAFARER TO WORK ONBOAD A SHIP
Is the ship owner able to provide
evidence that those seafarers identified
have been provided from a
recruitment and placement service
which meets the requirements of the
A1.4 of the MLC, 2006?
50
TITLE 1 - MINIMUM REQUIREMENT FOR
SEAFARER TO WORK ONBOAD A SHIP
Has any seafarer been required to pay
fees or other charges either directly or
indirectly in part or in whole for
gaining recruitment, placement or
employment?
51
TITLE 2 - CONDITIONS OF
EMPLOYMENT
ARE THE FOLLOWING DOCUMENTS
AVAILABLE?

Does the ship owner and the seafarer concerned each
have a signed original of the seafarers' employment
agreement?

Do individual seafarers have a document containing a
record of their employment on board the ship?
52
Do the records of employment contain
statements as to the quality of the seafarer's
work and / or the seafarer's wages paid?

Are seafarers given a record of their
employment on the ship on completion of
engagement? (such as a discharge book)
TITLE 2 - CONDITIONS OF
EMPLOYMENT
53
Is there available on board a copy of a standard
form of any collective bargaining agreement
currently forming all or part of a seafarers'
employment agreement?

Is the document provided in English (for ships
engaged on international voyages)?
TITLE 2 - CONDITIONS OF
EMPLOYMENT
54
Is information on the conditions of employment
easily obtained on board by seafarers, including
the ship's master and MLC, 2006 inspectors?

Do seafarers have the opportunity to review and
seek advice on the terms and conditions in their
employment agreement?
TITLE 2 - CONDITIONS OF
EMPLOYMENT
55
DO ALL SEAFARERS' EMPLOYMENT
AGREEMENTS STATE:

Seafarer's details: full name, date of birth or age,
and birthplace?
The ship owner's name and address?
Start date of the employment agreement and the
place when it was entered into?
TITLE 2 - CONDITIONS OF
EMPLOYMENT
56
The capacity in which the seafarer is to be
employed?
The amount of the seafarer's wages or, where
applicable, the formula used to calculate the
wages?
The amount of paid annual leave or, where
applicable, the formula used to calculate it?
TITLE 2 - CONDITIONS OF
EMPLOYMENT
57
Termination conditions of the agreement
including specifying any required minimum
notice period. (not to be less than 7 days)?
The health and social security protection
benefits to be provided to the seafarer by the
ship owner?
The seafarer's entitlement to repatriation?
Reference to any relevant collective bargaining
agreement, if applicable?
TITLE 2 - CONDITIONS OF
EMPLOYMENT
58
The appropriate number of hours of
work expected in return for the pay
and any additional allowances and their
circumstances in addition to the
consolidated wage?
TITLE 2 - CONDITIONS OF
EMPLOYMENT
59
WAGES

Are seafarers' wages paid at no greater than
monthly intervals?
Are all seafarers 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?
TITLE 2 - CONDITIONS OF
EMPLOYMENT
60
Are all seafarers provided by the ship owner
with a means to transmit all or part of their
earnings to their families or dependants or legal
beneficiaries?
Are any charges directed to the seafarer for such
transmission of wages, including the currency
exchange rates, in accordance with the Flag State
requirements specified in the DMLC Part I?
TITLE 2 - CONDITIONS OF
EMPLOYMENT
61
Are seafarers receiving the minimum wage as
specified in the DMLC Part I? (only relevant in
cases where the Flag State sets a national
minimum wage for seafarers)

Are all seafarers on the same ship undertaking
work of equal value receiving equal
remuneration for such work without any form
of discrimination?
TITLE 2 - CONDITIONS OF
EMPLOYMENT
62
Are seafarers receiving wages in
full accordance with their
employment agreements? (refer to
the next section "Assessment of
correctness of wage payments" for
guidance)
TITLE 2 - CONDITIONS OF
EMPLOYMENT
63
ASSESSMENT OF CORRECTNESS OF
WAGE PAYMENTS

Does the calculation formula for basic pay
satisfy the minimum requirement - the normal
hours of work does not exceed 8 hours per day
at sea or in port?
TITLE 2 - CONDITIONS OF
EMPLOYMENT
64
Does the calculation formula for overtime
satisfy the minimum requirement - the number
of normal hours per week does not exceed 48
hours or as prescribed by the national law?

Is the rate of compensation for overtime not
less than one and one-quarter times the basic
wage per hour (or as prescribed by the national
law)?
TITLE 2 - CONDITIONS OF
EMPLOYMENT
65
Are overtime records maintained at least monthly on
board and endorsed by the seafarer?

Does the calculation formula for annual leave satisfy
the following requirements - (a) a minimum 2.5
calendar days per month of employment and (b)
justified absences (illness, injury, maternity, public and
customary holidays, compensatory leave, short ashore
leave) from work are not part of annual leave?
TITLE 2 - CONDITIONS OF
EMPLOYMENT
66
Are wages paid in legal tender and directly to
seafarers' account (unless otherwise requested)
and without undue delay?

Are there any deductions off the seafarers' wages
beyond that permitted in national law or in an
applicable collective agreement?
TITLE 2 - CONDITIONS OF
EMPLOYMENT
67
Are any prices charged to the seafarer for on
board stores and services fair and reasonable?

Are any monetary fines against the seafarer,
other than those authorised by national laws,
collective agreements or other measures,
deducted from the seafarers' wages?
TITLE 2 - CONDITIONS OF
EMPLOYMENT
68
HOURS OF WORK AND REST

Do the normal hours of work satisfy the
following requirements: 8-hour day with one day
of rest per week and rest on public holidays and
they are not more than 14 hours in any 24-hour
period or 72 hours in any 7-day period?
TITLE 2 - CONDITIONS OF
EMPLOYMENT
69
Do the normal hours of rest satisfy the minimum
requirement of not less than 10 hours in any 24-hour
period or 77 hours in any 7-day period?

Do the hours of rest comply with the requirement that
they may be divided into no more than two 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?
TITLE 2 - CONDITIONS OF
EMPLOYMENT
70
Are musters, fire-fighting and lifeboat drills (and
drills prescribed by the national law) conducted
in such a manner so as to minimise the
disturbance of rest periods and not to induce
fatigue?

Is compensatory rest provided for call-outs
during the normal hours of rest?
TITLE 2 - CONDITIONS OF
EMPLOYMENT
71
Is a table containing the following information
for every position on board the ship provided in
English and the working language of the ship
and displayed in an accessible place: (a) the
schedule of service at sea and service in port and
(b) the maximum hours of work or the
minimum hours of rest?
TITLE 2 - CONDITIONS OF
EMPLOYMENT
72
Are such records maintained in a
standardised format as established by the
competent authority and in English and
the working language of the ship, and show
the seafarers' daily hours of work or their
daily hours of rest and other information
as required?
TITLE 2 - CONDITIONS OF
EMPLOYMENT
73
Does the Flag State have any
exemptions against the requirements
of the limits of hours of work and the
hours of rest as specified above and
are these being complied with?
TITLE 2 - CONDITIONS OF
EMPLOYMENT
74
Do the hours of work and rest of young
seafarers under 18 satisfy the minimum standard
- 8 hours per day; 40 hours per week; overtime
allowed in exceptional circumstances
(Exemption applies if the provisions mentioned
above are impracticable for young seafarers in
deck, engine room and catering departments
assigned to watch keeping duties or working on
a rostered shift work system and if it is part of
an effective training programme?
TITLE 2 - CONDITIONS OF
EMPLOYMENT
75
ENTITLEMENT TO LEAVE

Are seafarers granted shore leave taking due account of
the operational requirements of their positions?

Do seafarers receive a minimum paid annual leave of
2.5 calendar days per month of employment?

Do seafarers receive pay during their annual leave
period at their normal level of remuneration?
TITLE 2 - CONDITIONS OF
EMPLOYMENT
76
REPATRIATION

Are there any seafarers who have served on
board the ship for more than 12 months?
Are there any seafarers under the age of 18 years
who have served on board the ship for more
than 6 months?
TITLE 2 - CONDITIONS OF
EMPLOYMENT
77
Are any seafarers required to make an advanced
payment, in part or in whole, towards the cost of
their repatriation?

Is there provision for seafarers under the age of
18 years to be repatriated after a period of 4
months if it is apparent that they are unsuitable
to a career at sea?
TITLE 2 - CONDITIONS OF
EMPLOYMENT
78
SHIPS LOSS AND FOUNDERING

Is the seafarer entitled to adequate compensation in the
case of injury, loss or unemployment arising from the
ship's loss or foundering?

Does the calculation of indemnity satisfy the following
requirement - paid for the days of seafarer's
unemployment resulting from the ship's loss or
foundering (may be limited to 2 months' wages)?
TITLE 2 - CONDITIONS OF
EMPLOYMENT
79
MANNING LEVELS

Is there an appropriate number of seafarers on board
the ship to ensure safe and secure operation under all
operating conditions (including an appropriate number
of cooks/those responsible for food preparation and
those who are responsible for medical care) as in
accordance with:
(1) the minimum safe manning document or an
equivalent issued by the Flag State? and
(2) the standards of the MLC, 2006; including those
associated with the hours of work and rest?
TITLE 2 - CONDITIONS OF
EMPLOYMENT
80
Are there adequate quantities of food
and drinking water for the number of
seafarers on board the ship? Is the
catering department adequately staffed
and trained?
TITLE 2 - CONDITIONS OF
EMPLOYMENT
81
CAREER AND SKILL DEVELOPMENT
FOR SEAFARERS

Are there opportunities onboard for further
training and education of seafarers?
TITLE 2 - CONDITIONS OF
EMPLOYMENT
82
TITLE 3 - ACCOMMODATION, RECREATION
FACILITIES, FOOD AND CATERING
Does the headroom satisfy the minimum
requirement of 203cm? (Limited reduction may
apply if permitted by the competent authority)

Is the accommodation (including sleeping, mess
and recreation rooms and alleyways) adequately
insulated to prevent condensation or
overheating?
83
EXTERNAL BULKHEADS

Are the external bulkheads and part bulkheads
that separates cargo, machinery spaces, galleys,
storerooms, drying rooms and communal
sanitary areas from sleeping rooms constructed
of steel / other approved substance and
watertight and gas-tight?
TITLE 3 - ACCOMMODATION, RECREATION
FACILITIES, FOOD AND CATERING
84
TITLE 3 - ACCOMMODATION, RECREATION
FACILITIES, FOOD AND CATERING
Are there any direct openings between cargo,
machinery spaces, galleys, storerooms, drying
rooms or communal sanitary areas to any of the
sleeping rooms?

Are the external bulkheads of sleeping rooms
and mess rooms adequately insulated?
85
TITLE 3 - ACCOMMODATION, RECREATION
FACILITIES, FOOD AND CATERING
Are all machinery casings and all boundary bulkheads
of galleys and other spaces in which heat is produced
adequately insulated in cases where there may be
resulting effects of heat in adjoining accommodation or
passageways?

Are there adequate measures to ensure protection of
accommodation or passageways from the heat effects
of steam or hot water service pipes?
86
TITLE 3 - ACCOMMODATION, RECREATION
FACILITIES, FOOD AND CATERING
Are the materials used to construct
internal bulkheads, panelling and
sheeting, floors and joinings suitable
for the purpose and conducive to
ensuring a healthy environment?
87
TITLE 3 - ACCOMMODATION, RECREATION
FACILITIES, FOOD AND CATERING
BULKHEAD SURFACES AND
DECKHEADS
Are the external bulkheads and part bulkheads
that separates cargo, machinery spaces, galleys,
storerooms, drying rooms and communal
sanitary areas from sleeping rooms constructed
of steel / other approved substance and
watertight and gas-tight?
88
TITLE 3 - ACCOMMODATION, RECREATION
FACILITIES, FOOD AND CATERING
Are there any direct openings between cargo,
machinery spaces, galleys, storerooms, drying
rooms or communal sanitary areas to any of the
sleeping rooms?

Are the external bulkheads of sleeping rooms
and mess rooms adequately insulated?
89
TITLE 3 - ACCOMMODATION, RECREATION
FACILITIES, FOOD AND CATERING
Are all machinery casings and all boundary
bulkheads of galleys and other spaces in which
heat is produced adequately insulated in cases
where there may be resulting effects of heat in
adjoining accommodation or passageways?

Are the bulkhead surfaces and deck heads made
of material with a surface easily kept clean?
90
TITLE 3 - ACCOMMODATION, RECREATION
FACILITIES, FOOD AND CATERING
NOISE AND VIBRATION

Are accommodation, recreational and catering
facilities 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?
91
TITLE 3 - ACCOMMODATION, RECREATION
FACILITIES, FOOD AND CATERING
Has acoustic insulation or other appropriate sound-
absorbing materials been used in the construction and
finishing of bulkheads, deck heads and decks within the
sound-producing spaces as well as self-closing noise-
isolating doors for machinery spaces?

Are engine rooms and other machinery spaces provided
with sound-proof centralised control rooms for engine
personnel? (as far as practicable)
92
TITLE 3 - ACCOMMODATION, RECREATION
FACILITIES, FOOD AND CATERING
Are working spaces such as the machine shop
insulated from the general engine-room noise, as
far as practicable?

Are measures put in place to minimise the noise
of operating machinery?
93
TITLE 3 - ACCOMMODATION, RECREATION
FACILITIES, FOOD AND CATERING
Is there a copy of the national requirements associated
with limits for noise levels for working and living
spaces provided on board and is it accessible to
seafarers in English or the working language of the
ship? (reference made to the ILO guidelines - ILO
Code of Practice 'Ambient factors in the workplace,
2001' etc.)

Are there any accommodation, recreational or catering
facilities exposed to excessive vibration?
94
TITLE 3 - ACCOMMODATION, RECREATION
FACILITIES, FOOD AND CATERING
GENERAL

Does the ship have an open deck space (or spaces) of
adequate size, depending on the ship size and the
number of seafarers, accessible to the seafarers when
off-duty?

Is there a separate or a common ship's office provided
for use by deck and engine departments on the ship?
(Exemption may apply to the ships of less than 3,000
GRT)
95
TITLE 3 - ACCOMMODATION, RECREATION
FACILITIES, FOOD AND CATERING
Is there proper lighting and sufficient drainage provided in the
accommodation areas?

Are frequent accommodation inspections carried out on board
ship by or under the authority of the master as regards to
cleanness, decent living conditions and maintenance in a good
state of repair? Are inspections recorded and in compliance with
national requirements?

When the ship is trading to mosquito-infested ports are
appropriate devices fitted as set out in the national requirements?
96
TITLE 3 - ACCOMMODATION, RECREATION
FACILITIES, FOOD AND CATERING
HOSPITAL ACCOMMODATION (HA)

Is separate hospital accommodation provided on
board for exclusively medical purposes? (applies
to ships carrying 15 or more seafarers and
engaged in voyages of more than 3 days)
(Exemption may apply to ships engaged in
coastal trade)
97
TITLE 3 - ACCOMMODATION, RECREATION
FACILITIES, FOOD AND CATERING
Is the HA easy to access, comfortable and conducive to
the occupants' receiving prompt and proper attention?
Is the HA designed for the purpose of consultation and
the giving of first aid / medical aid, and to prevent the
spread of infectious diseases?
Is the arrangement of the HA entrance, berths, lighting,
ventilation, heating and water supply designed in such a
way as to ensure comfort and to facilitate the
occupants' treatment?
98
TITLE 3 - ACCOMMODATION, RECREATION
FACILITIES, FOOD AND CATERING
Is the number of berths in the HA in
accordance with national requirements?

Is the HA provided with SF (Sanitation Facility)
for exclusive use by the occupants of the HA
either as part of the HA or in close proximity to
it? Does such SF include at a minimum 1 toilet,
I washbasin and 1 tub or shower?
99
TITLE 3 - ACCOMMODATION, RECREATION
FACILITIES, FOOD AND CATERING
RECREATIONAL FACILITIES (RF)

Are recreational facilities, amenities and services
provided for the seafarer on board ship?
Are the RF provided on board provided at no
cost to the seafarer?
Do the RF on board include at a minimum a
bookcase and facilities for reading, writing and
where applicable games?
100
TITLE 3 - ACCOMMODATION, RECREATION
FACILITIES, FOOD AND CATERING
FOOD AND CATERING STANDARDS

Is there adequate quantities of food and water
supplies on board taking due regard of 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?
101
TITLE 3 - ACCOMMODATION, RECREATION
FACILITIES, FOOD AND CATERING
Is the quality of such food and water on board suitable?
Is the food on board of appropriate nutritional value
and variety?
Is the organisation and equipment of the catering
department capable of providing seafarers on board
with varied and nutritious meals?
Are the catering equipment and facilities including food
preparation areas, galleys and store rooms hygienic and
maintained in a hygienic condition?
102
TITLE 3 - ACCOMMODATION, RECREATION
FACILITIES, FOOD AND CATERING
QUALIFICATIONS OF CATERING
STAFF

Are any seafarers below the age of 18 years
employed or engaged as a ship's cook?
Are all seafarers employed in any capacity as
catering staff properly trained or instructed for
their positions and tasks to be performed?
103
TITLE 3 - ACCOMMODATION, RECREATION
FACILITIES, FOOD AND CATERING
Are all seafarers employed as ship's cooks
properly trained, qualified and found competent
(in accordance with the specific Flag State
requirements) in areas including food and
personal hygiene as well as handling and storage
of food on board ship?
Is the ship required to carry a qualified cook?
Is there a qualified cook on board?
104
TITLE 3 - ACCOMMODATION, RECREATION
FACILITIES, FOOD AND CATERING
DOCUMENTED INSPECTIONS BY THE
MASTER

Are frequent documented inspections carried out on
board with respect to the supplies of food and drinking
water?
Are frequent documented inspections carried out on
board with respect to all spaces and equipment used for
the storage and handling of food and drinking water?
105
TITLE 4 - HEALTH PROTECTION AND MEDICAL
CARE (INCLUDING ESSENTIAL DENTAL CARE) ON
BOARD SHIP AND ASHORE
HEALTH PROTECTION AND MEDICAL
CARE (INCLUDING ESSENTIAL DENTAL
CARE) ON BOARD SHIP AND ASHORE

Is prompt access to the necessary medicine, medical
equipment and facilities for diagnosis and treatment,
and to medical and occupational health protection
information and expertise provided to seafarers? Is it
comparable to that provided to workers ashore?
106
TITLE 4 - HEALTH PROTECTION AND MEDICAL
CARE (INCLUDING ESSENTIAL DENTAL CARE) ON
BOARD SHIP AND ASHORE
Are seafarers given the right to visit a
qualified medical doctor or dentist
without delay in ports of call, where
practicable?
107
TITLE 4 - HEALTH PROTECTION AND MEDICAL
CARE (INCLUDING ESSENTIAL DENTAL CARE) ON
BOARD SHIP AND ASHORE
Are medical care and health protection services:

Free of charge to the seafarer on board ship or in a foreign
port?
Not just limited to the treatment of sick or injured seafarers
but also include measures of a preventive character (health
promotion and education programmes)?
Is there a standard medical report form for use by the
master and relevant medical personnel (on board and
ashore) in use to help facilitate treatment of seafarers?
Are the contents of such forms kept confidential?
108
TITLE 4 - HEALTH PROTECTION AND MEDICAL
CARE (INCLUDING ESSENTIAL DENTAL CARE) ON
BOARD SHIP AND ASHORE
A medical chest, medical equipment and medical
guides, the specifics of which are prescribed by
the competent authority depending on the type
of ship and the nature, destination and duration
of voyages? Are these inspected at intervals not
exceeding 12 months; International Medical
Guide for Ships and other guides to be
considered; labelling, expiry dates and
conditions of storage to be checked?
109
TITLE 4 - HEALTH PROTECTION AND MEDICAL
CARE (INCLUDING ESSENTIAL DENTAL CARE) ON
BOARD SHIP AND ASHORE
A doctor on board ships carrying 100 or more persons
and engaged on international voyages of more than 3
days' duration?

If a medical doctor is not required is there at least 1
seafarer* available on board in charge of medical care
and administering medicine as part of their regular
duties OR competent to provide medical first aid?
(*satisfactorily completed training in medical care / first
aid according to STCW 1978 requirements is accepted)
110
TITLE 4 - HEALTH PROTECTION AND MEDICAL
CARE (INCLUDING ESSENTIAL DENTAL CARE) ON
BOARD SHIP AND ASHORE
SHIP OWNERS LIABILITY

Has the ship owner made provision to bear the
costs for seafarers in respect of injury and
sickness occurring between the date of
commencing duty and the date of repatriation,
or arising from the employment between these
dates?
111
TITLE 4 - HEALTH PROTECTION AND MEDICAL
CARE (INCLUDING ESSENTIAL DENTAL CARE) ON
BOARD SHIP AND ASHORE
Has the ship owner made provision to provide financial
security to assure compensation (as set out in national law,
the seafarers' employment agreement or a collective
agreement) in case of seafarer's death or long-term
disability due to an occupational injury, illness or hazard?

Has the ship owner made provision to cover the medical
care expenses i.e. medical treatment and the supply of
necessary medicines and therapeutic appliance and board
and lodging away from home, until the seafarers' recovery
or there is a declaration of permanent incapacity?
112
TITLE 4 - HEALTH PROTECTION AND MEDICAL
CARE (INCLUDING ESSENTIAL DENTAL CARE) ON
BOARD SHIP AND ASHORE
Has the ship owner made provision to bear the
cost of burial expenses in the case of death
occurring on board or ashore during the period
of engagement?

Is the property of the sick / injured / deceased
seafarer safeguarded and safely returned to the
next of kin?
113
TITLE 4 - HEALTH PROTECTION AND MEDICAL
CARE (INCLUDING ESSENTIAL DENTAL CARE) ON
BOARD SHIP AND ASHORE
Has the ship owner made provision to pay full
wages while the sick/injured seafarer remains on
board or until the seafarer has been repatriated?
- The payment of wages in whole or in part (as
defined in national law or in a collective
agreement) from the time when the seafarer is
repatriated or landed until their recovery or until
the seafarer is entitled to cash benefits under the
legislation of the Member State concerned.
114
TITLE 4 - HEALTH PROTECTION AND MEDICAL
CARE (INCLUDING ESSENTIAL DENTAL CARE) ON
BOARD SHIP AND ASHORE
HEALTH AND SAFETY PROTECTION
AND ACCIDENT PREVENTION; A
SHIP'S OCCUPATIONAL SAFETY AND
HEALTH POLICY AND PROGRAMME

Are occupational safety and health policies and
programmes promoted, adopted, implemented
and made known to seafarers?
115
TITLE 4 - HEALTH PROTECTION AND MEDICAL
CARE (INCLUDING ESSENTIAL DENTAL CARE) ON
BOARD SHIP AND ASHORE
Are the obligations of the ship owner, seafarers
and any other persons concerned to comply
with the ship's H&S policies and programmes
and applicable standards clearly defined and
communicated? Specific attention being paid to
managing the H&S of seafarers under the age of
18 years.
116
TITLE 4 - HEALTH PROTECTION AND MEDICAL
CARE (INCLUDING ESSENTIAL DENTAL CARE) ON
BOARD SHIP AND ASHORE
Are the duties of the master or person designated or
person to take responsibility for implementation and
compliance of ship's H&S policies and programmes
specified?

Is information concerning particular hazards on board
ships brought to attention of all seafarers by posting
official notices and/or by providing training videos
and/or brochures etc containing relevant information?
117
TITLE 4 - HEALTH PROTECTION AND MEDICAL
CARE (INCLUDING ESSENTIAL DENTAL CARE) ON
BOARD SHIP AND ASHORE
Does the ship owner conduct risk evaluation in
relation to the management of occupational
safety and health using H&S and accident
statistics from the ship and that provided by the
owner and the Flag State?

Is there on board training and instruction of
seafarers on occupational safety?
118
TITLE 4 - HEALTH PROTECTION AND MEDICAL
CARE (INCLUDING ESSENTIAL DENTAL CARE) ON
BOARD SHIP AND ASHORE
Does the ship owner provide protective
equipment or other accident prevention
safeguards and ensure the use of such
equipment and measures in accordance with
their relevant accident prevention and health
protection policies and procedures?

Is there provision on board of approved hearing
protection equipment?
119
TITLE 4 - HEALTH PROTECTION AND MEDICAL
CARE (INCLUDING ESSENTIAL DENTAL CARE) ON
BOARD SHIP AND ASHORE
ACCESS TO SHORE-BASED WELFARE
FACILITIES

Are seafarers granted shore leave (taking
due account of the operational requirements
of their positions) to access shore based
welfare facilities?
120
TITLE 4 - HEALTH PROTECTION AND MEDICAL
CARE (INCLUDING ESSENTIAL DENTAL CARE) ON
BOARD SHIP AND ASHORE
SOCIAL SECURITY

Do all seafarers' employment agreements identify how
the various branches of social security protection are
provided to the seafarers by the ship owner as well as
any other relevant information at the disposal of the
ship owner, such as statutory deductions from the
seafarers' wages and ship owners' contributions which
may be made in accordance with the requirements of
identified authorised bodies pursuant to relevant
national social security schemes?
121
TITLE 5 - COMPLIANCE AND ENFORCEMENT
ON BOARD AND COMPLAINTS PROCEDURES
ON BOARD COMPLAINT
PROCEDURES

Is there documentation on board outlining the
on board complaint procedures and do such
procedures make due reference to the seafarer's
right of representation and the safeguarding of
the seafarer against possible victimisation?
122
TITLE 5 - COMPLIANCE AND ENFORCEMENT
ON BOARD AND COMPLAINTS PROCEDURES
Are all seafarers provided with a copy of the on
board complaint procedures including relevant
contact information of the person or persons on
board the ship, and the relevant appropriate
external authorities, who can provide the
seafarer with impartial advice on their complaint
and assist them in following the on board
complaint procedures?
123
TITLE 5 - COMPLIANCE AND ENFORCEMENT
ON BOARD AND COMPLAINTS PROCEDURES
Are all seafarers aware of the on board
complaint procedures?

Is there evidence on board that the on board
complaint procedures are working effectively?

Is there a copy of the MLC, 2006 on board?

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