MARITIME LABOUR CONVENTIONMLC, 2006
BV procedures for qualification of MLC inspectors and ship inspection
BV Procedure for qualification of MLC Inspectors(PNS 009)
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Qualification of MLC Inspectors
Definitions
►MLC Inspector
A person performing verification of compliance with the requirements of the MLC, 2006 and/or undertaking review and approval of the DMLCII and working exclusively for Bureau Veritas
►MLC Lead Inspector
A MLC Inspector in charge of a team of MLC Inspectors
Is responsible of preparation of the inspection plan to be sent timely to the Ship Owner
Responsible of the reporting
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Qualification of MLC Inspectors
Definitions
►MLC Inspection unit
A Unit where an inspector is available and responsible for implementation of MLC services (normally same as ISM units)
►Crew & System Unit
Location of the CSOM of the ship. Follow-up of ship’s status
►Connecting District
In charge of the contract. Often it is the office nearest the client.
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Qualification of MLC Inspectors
Work experience
►To be accredited as a MLC Inspector, the trainee shall:
Be a BV exclusive employee and
Be a BV Surveyor or Auditor as per the BV procedures; or
Be an experienced certificated Ship Master on ships of 3000GT or more and employed by Bureau Veritas as a MLC Inspector; and
Have successfully achieved theoretical and practical training
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Qualification of MLC Inspectors
Theoretical training
► The theoretical training covers:
The knowledge and understanding of the international regulation and standard
The BV procedure for ship’s inspection and certification
► It is validated by an exam (minimum score 70%)
► In case of failure, one re-examination is permitted within 12 months
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Qualification of MLC Inspectors
Practical training
►Following the completion of the training modules, trainees shall undertake the following:
[one (1)] inspection (initial, renewal or intermediate) under direct supervision of a MLC Inspector
[one (1)] review of the DMLC part II under direct supervision of a MLC Inspector
Note: MLC Inspectors qualified as ISM and ISPS auditors are exempted from on-board inspection part of Practical training but review of DMLC part II is still required
BV Procedure for MLC inspections(TNS 060/061)
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BV procedure for MLC Inspection
Organization
►DNS_MLD
►MO
►CM
►CD/C&S Unit
►CSOM/Inspectors
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BV procedure for MLC Inspection
Inspection flow chart
►Contract review
►Nomination of the inspection team
►Plan of inspection
►Inspection preparation
►On board inspection
►Regularisation of documents
►Reporting
►Follow-up
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BV procedure for MLC Inspection
Contract review
►All MLC Inspection Services must be subject to Contract before they are delivered
Contracts are handled by the CD, considering:
a) MLC services against Class policy,
b) Fleet characteristics,
c) Ship/Company history.
The contract must be agreed by the MO/CM
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BV procedure for MLC Inspection
Nomination of the inspection team
►The need to appoint a Lead Inspector or an Inspector will depend upon the complexity of the onboard inspection and the time available to perform it.
(A Lead Inspector must be appointed if more than one Inspector is required to make the Inspection)
►The Lead Inspector ensures that the team has all the training and experience requirements to cover the Inspection.
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BV procedure for MLC Inspection
Plan of inspection
►The Lead Inspector (or Inspector) shall produce an inspection plan .
This will include fixing the dates, location and schedule for the inspection.
In case of modular inspection, the inspection module and scope
The scope of the Inspection
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BV procedure for MLC Inspection
Inspection preparation
►On receipt of a request for MLC inspection the Inspector ensures the following prior to attendance onboard:
That an agreement exists between Bureau Veritas and the Flag Authority of the vessel .
The Flag State has satisfactorily issued the DMLC Part I for the ship in question
The ship-owner has satisfactorily completed his DMLC Part II specific for the ship
►The Inspector reviews the national requirements as indicated in DMLC part I and the relevant TNS
►The Inspector reviews the ship’s status
►The Inspector reviews the previous inspection report
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BV procedure for MLC Inspection
DMLC part II
►The DMLC part II
Is drawn up by the shipowner
Identifies the measures adopted to ensure on-going compliance with the national requirement summarized in DMLC part I
►Review of the DMLC part II
By a qualified MLC inspector
Before starting the inspection
Ashore (qualified inspector) (can be done on board by attending inspector-if time allows)
►Approval of the DMLC part II
Endorsement on completion of satisfactory initial MLC inspection
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BV procedure for MLC Inspection
DMLC part II
► Is dedicated to each ship
► Is linked to DMLC part I
►Is written in the working language of the ship.
translation into English shall be included where working language is not English (Std. A5.1.3 – 12)
Drafted in clear terms
►May take a number of forms
reference to other more comprehensive documentation
SMS (ISM Code)
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BV procedure for MLC Inspection
DMLC part II
► The measures identified by the shipowner shall:
identify the measures adopted to ensure ongoing compliance
cover the 14 items of MLC, 2006 appendix A5-1 as applicable through DMLC part 1
indicate the occasions on which ongoing compliance with particular national requirements will be verified,
the persons responsible for verification,
the records to be taken,
the procedures to be followed where non-compliance is noted.
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BV procedure for MLC Inspection
Review of the DMLC part II
► A formal review of the DMLC part II is required
Before initial inspection
During subsequent inspection in case of modifications / amendments of the measures implemented by the shipowner.
Using a dedicated check list
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BV procedure for MLC Inspection
Review of the DMLC part II
► The review of the DMLC part II is performed ashore by the MLC unit
Before the inspection takes place
By a qualified MLC Inspector of the C&S Unit
► The review of the DMLC part II can be performed on board before the inspection starts
► On completion of a satisfactory review, the MLC Unit
Issues a letter of satisfactory review of a DMLC part II
Makes it available to the attending Inspector
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BV procedure for MLC Inspection
Review of the DMLC part II
►If the review reveals that the provisions are not adequate,
the inspection must be delayed
the shipowner must be notified in writing
shortcomings must be corrected before the final approval
►No MLC certificate can be issued as long as the DMLC part II is not approved
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BV procedure for MLC Inspection
Approval of the DMLC part II
►The approval takes place on completion of satisfactory initial MLC inspection, once the Inspector is satisfied that:
DMLC Part I is available on board
Measures identified by the shipowner in DMLC part II comply with the requirement in DMLC Part I
Measures to ensure ongoing compliance with the requirement of the MLC are implemented on board
The seafarer’s working and living condition are complying with the Flag requirement
►The DMLC part II is endorsed by the inspector in charge of the Initial inspection
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BV procedure for MLC Inspection
ASMS job DMLC : Review of the DMLC part II
Reasons for DMLC review
First Review DMLC Amendments
Existing ships(*) Change of Ship's name
New ship on delivery Change of Shipowner's name/address
Change of Shipowner Change of flag's & shipowner's requirements
Change of RO Change of shipowner's requirements
Change of Flag
Reactivation after lay-up
(*) First certification of existing ships (Initial Inspection required - SOC issued or MLC pre-conventional MLC (according to Flag instruction)
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BV procedure for MLC Inspection
On board inspection
►Interim inspection
to new ships on delivery;
when a ship changes flag; or
when a shipowner assumes responsibility for the operation of a ship which is new to that shipowner
►The interim certificate may only be issued if :The ship has been, inspected as far as reasonable and practicable.
The owner has demonstrated that the ship has adequate procedures to comply with the convention.
The Master is familiar with the requirements of the convention and responsibilities for implementation and ,
Relevant information has been submitted to the competent authority or RO to produce a Declaration of Maritime Labour Compliance (DMLC).
the Master and Senior Officers are familiar with the MLC Convention and the planned arrangements for its implementation ;
plans exist for full inspection of the ship within the validity of the Interim MLC Certificate;
the relevant information on the MLC is given in a working language or languages understood by the seafarer’s.
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BV procedure for MLC Inspection
ASMS job MLCT: Interim inspection requested before the initial inspection
Reason(s) for Interim inspection
(*) depends of lay-up duration and flag duration
• Further to a satisfactory inspection, an Interim Maritime Labour Certificate valid maximum 6 months is issued by the Inspector
► NO consecutive INTERIM certificate shall be issued
► When a detention occurred during INTERIM Term please refer to TNS60.
New ships on delivery
Change of Flag
Change of Shipowner
Reactivation after lay-up (*)
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BV procedure for MLC Inspection
On board inspection
►Initial inspection
DMLC part I & II
Inspection against all the requirement of the MLC
Certification against the 14 items of Annex A 5-1
Mergeable inspection: the titles performed in a maximum of three inspections, each title shall be fully covered during an inspection.
Endorsement of the DMLC part II
Issuance of the MLC Certificate
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MLC - Inspections
ASMS job MLCI : Initial Inspection (Full scope inspection could be mergeable jobs)
The inspection shall include:
• All 14 items of the convention
• 5 additional items defined in FS Guideline.
• A reviewed DMLC Part II must be onboard (for vessels greater than 500GT)
A Short Term Maritime Labour Certificate valid maximum 5 months is issued by the Inspector, the Definitive certificate will be issued by the CM.
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BV procedure for MLC Inspection
On board inspection
►Renewal inspection (every 5 years)
DMLC part I & II
Inspection against all the requirement of the MLC
Certification against the 14 items of Annex A 5-1
Issuance of the MLC Certificate
►Intermediate inspection (2.5 years periodicity)
Same scope as renewal inspection
Endorsement of the MLC Certificate
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BV procedure for MLC Inspection
ASMS job MLCP : Intermediate Inspection (Full scope inspection could be mergeable jobs)
– A minimum of one Intermediate inspection shall be performed during the 5 year validity period to maintain the validity of the Maritime Labour Certificate.
– Between the second and the third anniversary dates (Next survey calculated to 2.5 years with a range +/- 6 months)
– More than 1 MLCP can be performed during the 5 years period of validity (to be decided by flag)
– The certificate shall be endorsed
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BV procedure for MLC Inspection
ASMS job MLCR : Renewal Inspection (Full scope inspection could be mergeable jobs)
– Renewal of the Certificate
– Renewal inspection may be carried out from three months before the expiry date of the certificate and shall be completed before the expiry date.
• If performed in the last 3 months
» Validity of new certificate = Expiry date of existing certificate + 5 years - 1day
» Next MLCR = Expiry date + 5 years - 1day
• If performed before the 3 months
» Validity of new certificate = Inspection date + 5 years - 1day
» Next MLCR = MLCR performed + 5 years - 1day
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BV procedure for MLC Inspection
ASMS job MLCI – MLCP- MLCR are defined as MERGEABLE inspections.
That means an inspection can be performed in more than 1 job ( For MLC the maximum will be 3 jobs)
– Possible Status : Commencement – Part – Completion/Complete
– Inspection is mergeable by Title, the inspector will choose from 1 to 5 Titles
• If 5 titles in 1 job then Inspection status is “Complete”
• All items belonging to titles selected in the job have to be performed in the current job.
• The status “Commencement” or “Part” & the list of titles already performed will be sent to the next job required for the same type of inspection.
• All items belonging to one title must be performed in the job where this title is chosen
– SOC shall be issued when Commencement or Part
– Definitive certificate is issued as per TNS60 or endorsed by Inspector MLCP
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BV procedure for MLC Inspection
ASMS job MLCA : Additional Inspection
Reasons for Additional inspection
(*) depends of lay-up duration and flag instructions
Further to serious deficiency(ies) raised
Clearance of deficiency(ies)
Further to detention/required by PSC
Required by Flag
Required by Shipowners’ representative
Required by Seafarers’s representative
Required by BV
Implementation of new flag & shipowner's requirements
Implementation of new shipowner's requirements
Reactivation after lay-up
Change of RO
Withdrawal of certificate
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BV procedure for MLC Inspection
ASMS job MLCA : Additional Inspection (cont’)
Reasons for Additional inspection (cont’) for Administrative jobs
(*) Pre-conventional certified ships
Change of ship's name
Change of Shipowner's Name/address
Conversion of certification (*)
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BV procedure for MLC Inspection
ASMS job MLCM (Modular) : BV is RO but have Authorization for specific titles only (Ex. UK & Gibraltar only for Title 3)
a Statement of Compliance with Title(s) inspected has to be issued
NO next inspections and NO end of term calculated in NMM
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BV procedure for MLC Inspection
Occasional Inspection
BV is not RO but performed MLC inspection occasionally on Flag request for one Ship (Example France for all Titles – The job could not be a mergeable one)
a BV Voluntary Statement of Compliance has to be issued No next inspections and No end of term calculated in NMM
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► BV IS RO : BV is acting obo flag
Full authorisation
BV is acting obo flag for DMLC, Inspection and certification
Non conventional ships of ratifying flag (less 500GT) are concerned
Partial authorisation
Authorisation granted on Specific Titles only
Example : UK & Gibraltar
Case by Case (specific authorisation granted : full term Inspection)
For ratifying flag, BV is not RO excepted for specific cases : Specific authorisation granted to act on behalf of flag (Flag written instructions required) for 5 years certification
On voluntary basis
For Non ratifying flag when BV is RO - Example Germany (BV SOC)
Type of Authorisation
BV procedure for MLC Inspection
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► BV IS NOT RO : (No autorisation granted to act obo flag)
On VOLUNTARY basis
At shipowners request for non ratifying flag
OCCASIONAL (no term)
Authorisation limited to 1 job - No term
Example : France
Type of Authorisation
BV procedure for MLC Inspection
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MLC – Certification summary
BV is RO BV is NOT RO
Full Delegation
Partialdelegation
Case by case /On voluntary basis
On voluntary basis
Occasional
DMLC reviewed and approved
Yes No (3) Refer TNS18
No No
MLCT/MLCI/MLCR/MLCP/MLCA applicable and next inspections calculated
Yes No Yes Yes No
MLCM applicableNo next inspection calculated
No Yes No No Yes
Term calculated Yes No Yes Yes No
MLC certificate issued Yes (1)Refer TNS18
No (3)Refer TNS18
No No
Statement Of Compliance Yes (2) (*) Yes (*) (2) (3) (4) BV SOC BV SOC
(*) after an inspection performed as commencement or part (mergeable status)(1)if BV is authorized to issue MLC certificate (refer to TNS18)(2)if BV is not authorized to issue MLC certificate or at the request of shipowner’s certification (ships less than 500 GT)(3) Flag autorisation granted and flag instructions required (4) When BV is RO for non ratifying countries – BV SOC to be issued (Voluntary basis)
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BV procedure for MLC Inspection
Grading of deficiencies
►“Observation” statement of fact on findings not seen as serious enough to warrant a deficiency and substantiated by objective evidence.
►“Deficiency” an observed situation or defect where objective evidence indicates a non-fulfillment of a specified requirement of the MLC, 2006
►“Serious Deficiency” an identifiable deficiency that constitutes a “serious breach” of the requirements of the Maritime MLC 2006 (including seafarers’ rights), or represents a significant danger to seafarers’ safety or health or security and which requires immediate action or includes a lack of effective and systematic implementation of the ship owners’ responsibilities through the DMLC.
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BV procedure for MLC Inspection
Grading of deficiencies
►“Deficiency”
The corrective action is proposed by the shipowner’s representative
The corrective action and limit date must be agreed by the inspector before leaving the ship
May require additional inspection
►“Serious Deficiency”
Request immediate corrective action
Must be downgraded before issuing/endorsing the certificate
Additional inspection is mandatory
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BV procedure for MLC Inspection
Grading of deficiencies
►“Serious Deficiency”
When there is evidence of an unresolved Significant Deficiency, the Inspector refers to the flag Administration and the CSOM
Port State Administration may be informed as appropriate (ref. SOLAS Chap 1 Sec. 6d).
Depending on the nature of the deficiency, copy shall be transmitted by the MO to the concerned RO (if different from BV)
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BV procedure for MLC Inspection
Closing the inspection
►Dedicated deficiency report shall be used
►The deficiency report shall be signed by the Company (and crew representative if one is nominated)
►Copies of deficiency report should be left onboard after each Inspection (Inspection Statement).
►Verification of deficiency not completed at the inspection in which the deficiency was raised MUST be verified at the next inspection and the deficiency should be cleared and signed off by the Inspector (unless the deficiency is within the time limit).
►Any corrective action not completed by the company must be reported as a Serious Deficiency.
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BV procedure for MLC Inspection
Closing the inspection
► Closing meeting
Presentation of deficiencies
Agree timescales for corrective action plan submission
► Signature of the findings report and the inspection report
Inspector
Shipowner’s representative (e.g. master)
Crew representative
► A copy of the signed inspection report has to be posted in a public space onboard before the inspector leaves the vessel .
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BV procedure for MLC Inspection
Regularisation of documents
►The issue of an MLC Certificate and endorsement of DMLC part II is conditional upon :
the completion of a full initial/renewal inspection of the ship;
The Company must have recorded their proposed Corrective and Preventive Action to each deficiency. The Inspector must also have agreed that the proposals are adequate.
A MLC may not be issued (together with the DMLC part II approval) until all Significant deficiencies have been rectified by the Company and cleared/downgraded by the Inspector.
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BV procedure for MLC Inspection
Regularisation of documents
► Issuance of the MLC certificate Check the relevant TNS for scope of delegation
The validity shall not exceed 5 years
The date of completion of the initial Inspection determines the anniversary date for the corresponding MLC certificate
► When a renewal inspection is completed more than three months before the expiry date of the existing certificate, the new certificate shall be valid from the date of completion of the renewal for a period not exceeding five years.
► When a renewal inspection is completed within three months before the expiry date of the existing certificate, the new certificate shall be valid from the date of expiry of the existing certificate for a period not exceeding five years
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BV procedure for MLC Inspection
Reporting
►Inspection Statement
Handed over to the master before leaving the ship
It shall include at least
a) Date of completion of the Inspection and release of the Statement,
b) Scope and objectives of the Inspection,
c) Identification of the Inspection team, Company's representatives, Seafarer’s representative and persons interviewed,
d) All serious deficiencies, deficiencies and observations together with the agreed corrective action, the original to be left on board the ship, the copy to be kept in BV local file,
e) Inspection plan,
f) the Inspection team conclusions (recommendations / refusal of certification, DMLC Part II endorsement, certificate endorsement, additional Inspection, etc.),
g) Record that all deficiencies issued at the previous Inspections have been cleared on time.
h) any other information as may be requested by the Flag Administration
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BV procedure for MLC Inspection
Reporting
►Inspection report
It shall include the Inspection Statement and:
It is validated by the CSOM
- the MLC report check list
- a copy of the crew list,
- the title of all personnel interviewed during the Inspection (on board a ship),
- signed deficiency form: the original to be left on board the ship, the copy to be kept in BV local file,
- copy of the previous MLC Certificate and DMLC part II when not issued by BV,
- copy of regularised documents,
- request for Inspection or time sheet signed by the Company representative.
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BV procedure for MLC Inspection
Review of the inspection report
► The Inspection report is checked (check list must be produced) by the CSOM or his delegate in case of: - Initial or renewal inspection
- Additional inspection after detention- Inspections performed in connexion with a Change of RO - Major changes in DMLC part II
► The depth of this check is determined by the CSOM or his/her delegate but, in principle, the check should cover, at least:
Administrative aspects
Inspection
Reporting
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Summary
Any questions?