1. MLC 2006 PSC perspective
Aug 16, 2017
Venue: Cape Town
Capt Saroor Ali

2. Background
Article 94 of UNCLOS establishes the duties and obligations of a flag state to labour standards, crewing and social matters.
There are 8 core ILO Conventions which guide the MLC.
There were 37 international maritime labour Conventions, MLC consolidates and updates all those conventions
The Convention has 16 Articles and 5 Regulations, each with a Standard (mandatory) and Guidelines (non-mandatory)

3. Application
The Convention applies to all seafarers on ships ordinarily engaged in commercial activities
Exceptions;
Fishing Vessels
Ships of traditional build e.g. junks and dhows

4. Articles- relevant to PSCI
II Declaration of Maritime Compliance, Maritime Labour Certificate, Seafarer, Seafarer Recruitment & Placement Services, Ship-owner.
Applies to all Seafarers
V3 Ships to carry, Declaration of Maritime Compliance, Maritime Labour Certificate
V4 Allows port state inspections
V5 Allows sanctions and corrective measures
V7 No more favourable treatment

5. Minimum Employment Requirements for Seafarers
1.1 Age minimum 16, 18 for night work
1.2 Medical certificate, validity 2 years, <18 one year
1.3 Training & Qualifications, reinforces STW Convention
1.4 Recruitment & Placement, agencies to be approved

6. Conditions of Employment
2.1 Employment Agreements
2.2 Wages, paid monthly , facilities for remittance.
2.3 Hours of work and rest;
14 hours in any 24 hour period;
72 hours in any 7 day period
Schedule of service at sea and in port to be posted for every position;
2.4 Entitlement to Leave
2.5 Repatriation
2.6 Compensation for loss or foundering
2.7 Manning Levels
2.8 Career and skill development

7. Title 3 Accommodation, Recreational facilities, Food and Catering
Application of construction and equipment, only to ships constructed on or after the date when the Convention comes into force for the Member concerned
3.1 Accommodation and recreational facilities
Heating and ventilation, noise and vibration, sanitary facilities, lighting and hospital accommodation.
Inspection and records thereof.
Separate sleeping and sanitary facilities for men and women
Sanitary facilities within easy access of bridge and engine control room
3.2 Food and catering.
Quantity, quality and nutritional value
Training
Inspection and recording thereof

8. Title 4 Health Protection, Medical care, Welfare and Social Security Protection
4.1 Medical care aboard ship and ashore
Medical Chest
100 or more persons = doctor
No doctor, crew member trained
4.2 Ship-owners liability, consequences of sickness, injury and death
4.3 Health and safety protection and accident investigation
Safety Standards
On board safety programmes
4.4 Access to shore-based welfare facilities
4.5 Social Security

9. Title 5 Compliance and Enforcement
5.1 Flag State responsibilities
Copy of Convention to be on board
Authorization of recognized organizations
Maritime Labour Certificate and Declaration of maritime Compliance
Vessels of >500GT
Certificate to be on board and in English
Issued by Competent Authority or recognized organization
Valid for 5 years with one intermediate inspection between 2nd & rd anniversary
If the renewal inspection is carried out more than 3 months before expiry, validity is 5 years from that date

10. Title 5 Continued Interim Certificates; new ship on delivery;
change of flag;
new ship to owner;
Validity maximum 6 months, not renewable
Loss of validity of Maritime Labour Certificate
Not endorsed for intermediate inspection
Flag state on certificate does not correspond with registry
Owner ceases to assume responsibility for the operation
Substantial changes to structure or equipment
Ship does not with the requirements of the Convention and corrective action not taken

11. Title 5 Continued 5.1.4 Inspection & Enforcement (flag state vessel)
5.1.5 Onboard complaints procedure
Procedure to be onboard and be provided to seafarers
No victimization
Complaint to HoD, if not resolved to the master, if not resolved to the shipowner, finally the competent authority.
Seafarer has the right to representation
5.1.6 Casualty Investigation (flag state)
5.2 Port State responsibilities
5.2.1 Inspections in port
Purpose to review compliance
Inspection limited to a review of the certificates, except in the following circumstances

12. Title 5 Continued
the certificates cannot be produced, falsified or expired;
clear grounds that the working or living conditions do not confirm to the Convention;
there are reasonable grounds to believe the ship has changed flag to avoid compliance with the Convention;
there is a complaint alleging living and working conditions do not comply with the requirements of the Convention.
A complaint can be submitted by a seafarer, a professional body, an association, a trade union, or any person with an interest in the safety of the ship or the seafarer.
In the event of deficiencies

13. Title 5 Continued The Master is advised;
If they are considered significant,
Notify a flag state representative
Notify seafarers ‘ organization (ITF in SA)
Notify Ship-owners organization (?)
Notify the competent authority at the next port of call.
After a more detailed inspection and the ship is found not to confirm and
the conditions on board are clearly hazardous to the safety, health and security of seafarers ;and/or
it is a serious or repeated breach of the requirements
The ship is detained until the deficiencies are rectified or a plan to rectify the deficiencies is accepted.
NO UNDUE DELAY

14. Title 5 Continued
5.2.2 Onshore Seafarer complaint-handling procedures.
5.3 Labour-supply responsibilities

15. Detailed Inspection: Areas / Criteria to cover
Minimum age
Medical certificates
Qualifications
Employment Agreements
Accreditation of Employment Agencies
Hours of work
Manning
Accommodation
On-board recreational facilities
Food and catering
Health and safety and accident prevention
On board medical care
On board complaints procedure
Payment of wages

16. Detainable Deficiencies Examples
Seafarer under the age of 16 (Standard A1.1 Para 1)
Employment of seafarer under the age of 18 engaged in hazardous or night work (Standard A1.1 Paras. 2 & 3)
Insufficient Manning (Reg. 2.7 Standard A2.7)
Violation of fundamental, employment and social rights (Arts. III & IV)
Lack of valid medical certificates (Standard A 1.2)
Lack of employment agreement or clauses that violate fundamental rights (Reg. 2.1 and Standard 2.1 Para. 1)
Repeatedly exceeding maximum hours of work (Standard A 2.3 Para. 5a)
Repeatedly given less than the minimum hours of rest ((Standard A 2.3 Para. 5b)
Ventilation/heating/air conditioning not working adequately (Standard A 3.1 Para. 7)

17. Detainable Deficiencies contd…
Accommodation/catering/sanitary facilities are unhygienic or equipment is missing or non-operational (Standard A 3.1 Para.11 & A3.2 Para 2 Reg Para.1)
Quality of food and water not suitable for the intended voyage (Standard A 3.2 Para. 2)
Medical, guide/chest/equipment not on board (Standard A 4.1 Para. 4)
Doctor (Int. voyage more than 3 days carrying 100 persons or more) or no seafarer in charge of medical care on board (Standard A 4.1 Paras. 4 b & c)
Non payment of wages or falsification of accounts (Standard A 2.2 Paras 1 & 2)

18. Certification Declaration of Maritime Labour Compliance- Part II
Completed by the ship owner , named in the MLC and attached.
It is to ensure procedures are in place for ongoing compliance between inspections.
Submitted to the Flag State Authority as the first step towards the issue of an MLC
Measures that give effect to the 14 areas covered in the detailed inspection
Signed by the ship owner and authorised by the Flag State or RO

19. Certification contd… Declaration of Maritime Labour Compliance Part-I
Issued by the Flag State or RO
Lists the national requirements for the 14 areas, e.g.;
Minimum Age (Reg. 1.1) : MSA Section 110
Health & safety & accident prevention ( Reg. 4.3) : MOSR
On board complaints procedure (Reg ) : MSA Section 159A
etc.
Details of any substantial equivalents
Any exemptions granted
Any ship-type specific requirements

20. Certification contd… Maritime Labour Certificate
Issued by the Flag State or RO
Ships details
Validity: Max 5 years
Intermediate inspection: Completed between 2nd & 3nd anniversary
Additional inspections

21. Certification contd… Interim Maritime Labour Certificate
Issued by the Flag State or RO
Ships details
Certifies the ship has been inspected to comply with the 14 areas
Certifies adequate procedures are in place
Master is familiar with the requirements of the convention
Relevant documentation has been submitted to the competent authority or RO to produce a DMLC
Validity: Maximum 6 months
Issued;
New ship on delivery voyage
Change of flag
New vessel to the ship owner

22. Wording to ponder upon
Prima Facie Evidence – It is a legal term, meaning evidence which is sufficient to establish a fact in the absence of any evidence to the contrary but is not conclusive.
Valid Documentation Vs Clear Grounds for believing that working and living conditions do not conform to the convention
Professional Observation / Judgement, this could be a result of observations during the process of inspection or come to light via compliant
Is Part B mandatory ? Can Part B be ignored by ratifying members? Is implementation of Part B verified by PSC ? Does the ratifying member must follow guidance in part B?
Substantially Equivalent
Members obligation is principally to satisfy itself but it does not imply autonomy.

24. Thank You for your attention !
Any Questions ?