ministry of land, infrastructure, transport and tourism port state control on maritime labour...

Ministry of Land, Infrastructure, Transport and Tourism

Port State Control on Maritime Labour Convention, 2006

Tokyo MOU

• (1) Overview• (2) Outline of MLC,2006• (3) PSC inspection regarding MLC,2006

– (3-1) Initial inspection– (3-2) More detailed inspection– (3-3) Complaints– (3-4) Rectification Action Plan– (3-5) Reporting

Index

(1) OVERVIEW

ILOInternational Labour Organization

Founded on 1919. 　 First specialized agency of the UN

Main aim is “to promote rights at work, encourage decent employment opportunities, enhance social protection and strengthen dialogue in handling work-related issues”

Member states:185 countries

189 conventions, 5 protocols and 201 recommendations

Special tripartite committee

●

(IMO has 50 conventions and protocols)on 1st June 2012

on 1st June 2012

（ consist of following representatives. Government ２ , Shipowner １ ,Seafarers １ )

●

●

●

●

4

(1) Overview

More than 68 international labour standards are consolidated and updated

ILO adopted MLC,2006 on 23rd Feb. 2006

The forth pillar of international regulatory regime

SOLAS

MARPOL

STCW

MLC

IMO

ILO

“International Convention for the Safety of Life at Sea”

“International Convention for the Prevention of Pollution from Ships”

“International Convention on Standards of Training, Certification and Watchkeeping for Seafarers “

“Maritime Labour Convention, 2006”5

•Many of the existing maritime labour Conventions were out of date and did not reflect contemporary working and living conditions•Many of the conventions are very detailed and difficult for governments to ratify all•Many of the conventions had low levels of ratification

Problems in current ILO conventions

(1) Overview

・ Bad working condition （ e.g. long working hours ）・ Low level of safety

・ Decent working condition・ High level of safety

Excellent ship

Substandard ship

Port in country A

Port in country B

・ There is unfair competition (substandard ships are low cost)・ An increase of substandard ships may cause ship’s casualty・ Modernization of shipping doesn’t progress

Current situation

Problems

(1) Overview

6

(1)A level playing field in global standard(2)Improvement of working condition and safe voyage(3)Elimination of sub standard ship by Flag State inspections and PSC (4)Improving efficiency of PSC with certificates issued in flag state inspections

non-members’ ships are also inspected

Excellent ship (country A)(Flag state inspection was already carried out)

After entry into force of the convention

Substandard ship(country A)

I want decent working condition.

Inspection of working condition

Flag state inspection

Substandard ship (country B)

If certificates are appropriate,initial inspection only

If we have an appropriate certificate, PSC inspections become easier

PSC

Effect

7

Port in country C

Detention until rectification

Port in country

A

(1) Overview

(1) Overview• Maritime Labor Convention (MLC,2006)

– Thirty countries ratified on 20th August 2012• Entry into force on 20th August 2013 (for the 30 countries)

– If another country ratifies MLC 2006, it will entry into force 12 months after the country’s ratification

30 countries ratified

(20.08.2012)

Ratified in a country

(other than the 30

countries)

Entry into force

(20.08.2013)

Entry into force for the

country12 months

PSC inspections start

(2) OUTLINE OF MLC,2006

Structure of the convention

TITLE1. MINIMUM REQIREMENTS FOR SEAFARERS TO WORK ON A SHIP

TITLE2. CONDITIONS OF EMPLOYMENT

TITLE3. ACCOMMODATION, RECRATIONAL FACILITIES, FOOD AND CATERING

TITLE4. HEALTH PROTECTION, MEDICAL CARE, WELFARE AND SOCIAL SECURITY PROTECTION

TITLE5. COMPLIANCE AND ENFORCEMENT

Article 　 I - XVI

(2) Outline of MLC,2006 - structure

10

(2) Outline of MLC,2006 - structure

• Articles• Regulations

– Part A: Standard (Mandatory)– Part B: Guideline (Not mandatory)

Articles

Regulation 1.1Part A 1.1Part B 1.1

Regulation 1.2Part A 1.2Part B 1.2

Regulation 1.3

MLC, 2006Structure of the convention

Fishing vessels Ships of Traditional build

warships

All ships engaged in commercial activities

• MLC 2006, applies:

All seafarers who are on board a shipto which MLC 2006 applies

Ships engaged in not commercial activity

MLC 2006, does NOT apply to:

(2) Outline of MLC,2006

The definition of ship owner （ Article II ）

AgentManagerBareboat charterer

who has assumed the responsibility for the operation of the ship and agreed to take over the duties and responsibilities imposed in accordance with this convention

Ship operator, employer of seafarers

Ship owner（ A ）

13

Another organization or person （ B ）

An organization or a person who made DMLC Part II

Ship owner （ either A or B ）

･ Responsibility for the operation of the ship･ duties and responsibilities imposed in accordance with this Convention

Taking over


Captain

C/O

Service crew

Pilot

Repairer

Guest entertainer

Ship owner

Operator

Management company

　

Workers on shore

(Not seafarer)

Seafarers

In the event of doubt

Seafarers

Ships

In the event of doubt as to whether any categories of persons are to be regarded asseafarers, the question shall be determined by the competent authority in each member after consultation with the shipowners’ and seafarers’ organizations. The determination shall be communicated to the ILO.

In the event of doubt as to whether this Convention applies to a ship or particularcategory of ships, the question shall be determined by the competent authority in eachMember after consultation with the shipowners’ and seafarers’ organizationsconcerned. The determination shall be communicated to the ILO.


Work on board a shipUnder the age of 16

Under the age of 18 Night work

A period of at least 9 hours including 0 AM - 5 AM

Dangerous work

Minimum age （ Reg.1.1 ）

No person below the minimum age shall be employed or engaged or work on a ship

An exception of Night work•the effective training of the seafarers would be impaired•the specific nature of the duty or a recognized training programme requires that the seafarers perform duties at night and the authority determines, after consultation with the shipowners’ and seafarers’ organizations

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(2) Outline of MLC,2006 – Title 1 minimum requirements for seafarers

Seafarers shall not work on a ship unless they are certified as medically fit to perform their duties

Medical practitioner

Seafarers taking medical examination

Medical certificate（ STCW’s certificate is OK ）

Each medical certificate shall state ・ the hearing and sight are satisfactory・ color vision (when affected) is satisfactory・ medical condition fit for service at sea

certificate refused or limitation imposed

another independentmedical practitioneror medical referee.

able to work

Medical Certificate （ Reg.1.2 ）

Further examination

16


• Medical Certificate （ Reg.1.2 ）(continue)

the period of validity of medical certificate…maximum two years （ if under the age of 18, one year ）the period of validity of a certification of colour vision …maximum six years

○ In urgent cases　 the competent authority may permit a seafarer to work without a valid medical certificate until the next port of call where the seafarer can obtain a medical certificate (maximum 3 months)○ If the period of validity of a certificate expires in the course of a voyage　 the certificate shall continue in force until the next port of call where the seafarer can obtain a medical certificate (maximum 3 months)


Certification or qualification to perform duties

Training for personal safety on board ship

Permitted to work

Training and certification in accordance with the mandatory instruments adopted by the IMO shall be considered as meeting the requirements

Seafarers

seafarers shall be trained or qualified to carry out their duties on board ship

Training and qualifications （ Reg.1.3 ）

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Ship owners shall use seafarer recruitment and placement services that conform to the requirements of the convention

The services comply with the convention

The service may not comply with the convention

Seeking a job（ Free of charge ）

recruitment

the service that comply with the convention shall be used

employmentagreement

SeafarersShipowners

Recruitment and placement （ Reg.1.4 ）

Each Member require that the shipowners who use seafarer recruitment and placement services based in nonmember’s territory, ensure that those services meet the requirements of the convention.

services operating in a Member’s territoryservices operating in a nonmember’s

territory

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Seafarers’ employment agreements （ Reg.2.1 ）

SeafarerShip ownerShowing clearCondition of employment

agreement

SEA signed by both of them

Original Original

Corrective Bargaining Agreement

(CBA) All or part of a SEA

A copy shall be available

onboardA copy shall beavailable onboard

seafarers shall be given a record of their employment onboard the ship

(2) Outline of MLC,2006 – Title 2. conditions of employment

20

• Where the language of the SEA and any applicable CBA are not in English,

a ① standard form of the SEA andthe portion of the ② CBA that are subject

to a PSC inspectionshall also be available in English.

• minimum notice periods for the early termination of a SEA …at least 7 days (a member determines after consultation with the shipowners’ and seafarers’ organizations)

Seafarers’ employment agreements （ Reg.2.1 ）(continue)

• the seafarer’s full name, date of birth, birthplace

• the shipowner’s name and address

• the place where and date when the SEA is entered into;

• Capacity, Wages, Paid leave• Condition of Termination

agreement for an indefinite period

agreement for a definite period

agreement for a voyage• the health and social security

protection• entitlement to repatriation• reference to the CBA• any other particulars which

national law may require

Particulars in SEA


Wages （ Reg.2.2 ）

SeafarerShip owner

Giving an account (a pay slip)

Wages

Including the rate of exchange used wherepayment has been made in a currency different from the one agreed to

paid in fullpaid in currencyno greater than monthly intervals

Familyable to transmit all or part oftheir earnings to their families

•remittance at regular intervals to their families by bank transfers or similar means•remitted in due time and directly to the person or persons nominated by the seafarers.

•Any charge for the remittance to their families shall be reasonable in amount•rate of currency exchange shall, in accordance with national laws or regulations, be at the prevailing market rate or the official published rate and not unfavourable to the seafarer

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Hours of work and hours of rest （ Reg.2.3 ）

base

Maximum hours of work　 14 hours in any 24-hour period

72 hours in any 7-day period

Minimum hours of rest　 10 hours in any 24-hour period

77 hours in any 7-day period.

Member

establishes either

CBA may permit exceptions

○normal working hours’ standard for seafarers・ an eight-hour day・ one day of rest per week

○Hours of rest may be divided into two periods・ one of which shall be at least six hours・ interval between consecutive periods of rest shall not exceed 14 hours

Hours of rest Hours of restHours of work

6h or more within 14h

24h


Hours of work and hours of rest（ Reg.2.3 ） (continue)

• Drills shall be conducted in a manner that minimizes the disturbance of rest periods and does not induce fatigue

• When a seafarer is on call, such as when a machinery space is unattended, the seafarer shall have an adequate compensatory rest period if the normal period of rest is disturbed by call-outs

a table withthe shipboard working arrangements・ schedule of service at sea and service in port・ maximum hours of work or minimum hours of rest

Posting in a ship

records of hours of work or hours of rest

seafarers shall receive a copy of the

records

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minimum standardsfor annual leave

on the basis of aminimum of 2.5 calendar days

per month

adopt laws and regulations

Any agreement to forgo the

minimum annual leave with pay

Considering justified absences from work as the

annual leave

Prohibited Prohibited

Member

Entitlement to leave （ Reg.2.4 ）

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competent authority

determiningapprovingrevising

issuing a Minimum safe manning document or an equivalent

ShipownerEmploying sufficient personnel・ to ensure that ships are operated safely, efficiently and with due regard to security・ to comply with the standards of this Convention.

Manning levels ○ following shall be taken into account

・ the principles in international instruments (especially IMO) ・ the need to minimize excessive hours of work 　　⇒ sufficient rest and to limit fatigue

　　・ the requirement concerning food and catering(Reg. 3.2)

To ensure that seafarers work on board ships with sufficient personnel

Manning levels （ Reg.2.7 ）

Principles on Safe Manning

（ IMO Res. A1047 ）

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・ separate sleeping rooms for men and women・ a separate berth （ L198×W180cm ）・ no direct openings into sleeping rooms from cargo and machinery spaces, etc.・ each room shall have a locker, desk , etc.

General requirements for accommodation●head room in accommodation shall be not less than 203 cm, adequately insulated 　● lighting and drainage shall be provided ●preventing the risk of exposure to noise and vibration, other ambient factors and chemicals

Other than passenger ships

A single room

Passenger ship,Special Purpose Ship

Other than officers … a room can be shared(More than 4 persons are permitted in a SPS)

•apart from the sleeping rooms•as close as practicable to the galley

sleeping rooms and mess rooms shall be lit bynatural light and artificial light

Accommodation and recreational facilities （ Reg.3.1 ）

Mess room

Sleeping rooms(there is a requirement of floor area)

Master, C/E, C/O shall havesleeping rooms, an adjoining sitting room and day room

above the load line amidshipsor aft

A washbasin in each sleeping room except

passenger ship

applied only to ships constructed on or after the date when this Convention comes into force for the Member

(2) Outline of MLC,2006 – Title 3. accommodation, recreational facilities, food and catering

Accommodation and recreational facilities （ Reg.3.1 ） (continue)

Hospital accommodation(15 or more seafarersa voyage of more than 3 days)

common ship’s office

A space on open deck to which the seafarers can have access when off duty

Air-conditioner

Heater Ventilator

Other facilities

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sanitary facilities

One facility for every six persons


free of charge during theperiod of engagement.

varied and nutritious meals

ships’ cooks

trained and qualified (18 years old or more)

frequent documented inspections be carried out on board ships, by or under the authority of the master 　・ supplies of food and drinking water　・ all spaces and equipment used for the storage and handling of food and drinking water　・ galley and other equipment for the preparation and service of meals

【 ships not required to have ship’s cook 】 anyone processing food in the galley shall be trained or instructed

※ food and personal hygiene as well as handling and storage of food

設備の一般要件● 居住設備の天井高 203cm 以上、適切に防熱　●照明及び排水設備を設ける● 騒音及び振動、その他環境の要素、化学物質からの危険の防止

Food and catering （ Reg.3.2 ）

shall be suitable in respect of quantity, nutritional value, quality and variety having regard to

● number of seafarers 　　● religious requirements and cultural practices 　　● duration and nature of the voyage

catering department Seafarers

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prepared and served in hygienic conditions


the right to visit a qualified medical doctor in ports of call

Either 1 seafarer

a medicine chesta medical equipment

A medical guide

a standard medical report form （ for use by the ships’ masters and relevant onshore and on-board medical personnel ）

Health protection and medical care

Medical care comparable generally available to workers ashore

Free including measures of apreventive character (health promotion , etc.)

Medical doctor（ 100 or more persons, ships engaged on international voyages of more than three days’ duration ）

seafarer in charge of medical care or administering medicine or medical first aid (ships which do not carry a medical doctor ）

all ships shall carry

medical advice(available 24 hours)

Medical care on board ship and ashore （ Reg.4.1 ）

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(2) Outline of MLC,2006 – Title 4 Health protection, medical care, welfare and social security

National laws and regulations

adoption and effective implementation and promotion of occupational safety and health policies and programmes

precautions to prevent occupational accidents (harmful levels of ambient factors and chemicals)

on-board programmesprevention of occupational accidents

continuous improvement in occupational safety and health protection

inspecting, reporting and correcting unsafe conditions

investigating and reporting on-board occupational accidents

establishing a ship’s safety committee

Ship owner, Seafarers, and others concerned

権限ある機関

comprehensive statistics of accidents and

diseases

Keep, analyse, and

publish

comply

refe

r

・ Each Member develop national guidelines after consultation with representative

shipowners’ and seafarers’ organizations

・ Each Member shall adopt laws and regulations regarding safety and health

protection

Health and safety protection and accident prevention (Reg.4.3)

Reporting accidents

and diseases

informationconcerning particular hazards

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(2) Outline of MLC,2006 – Title 4 Health protection, medical care, welfare and social security

On-board complaint procedures

a copy of the on-board complaint procedures

Complaint

Master

Seafarers

Competent authority Ship owner

complaint

Breach of the

requirement!

Developing an on-board complaint procedures

No victimization of seafarers for lodging complaints

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(2) Outline of MLC,2006 – Title 5 Compliance and enforcement

Ship can sail

1. Minimum age

2. Medical certification

3. Qualifications of seafarers

4. SEA

5. Use of recruitment and placement service

6. Hours of work or rest

7. Manning levels

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

Flag state inspection

List of maters inspected and approved to issue

MLC International voyage（ 500GT or over ）

Ships which MLC,2006 applies

empower to carryout inspections（ Reg. 5.1.4 ）

MLC DMLC

Inspection(no case exceed 3 years)

14 areas meet requirement⇒certificates are issued

•to board a ship•examination, test or inquiry•require that a deficiency is remedied•prohibit a ship from leaving port

empowering

Deficiency is found

PSC inspection

A foreign ship in the port of a Member

Checking documents・ MLC・ DMLC

・ Documents are not produced・ serious breach of requirement・ hazard to seafarers・ complaint

No deficiency

Other than following

a)Clearly hazardousb)Serious or repeated breach

detain

More detailed inspection

RegularInspections

(every 5 years)（ Reg. 5.1.4 ）

intermediate inspection(between 2nd and ３ rd

anniversary)


Improve the measures to rectify non-compliance

Verify the ongoing

compliance

Carry out the measures drawn up

Draw up measuresto ensure ongoing

compliance

Continuous improvementRegular

Inspections

These are written on DMLC part II and submitted to competent authority before inspection

the procedures to be followed where non-compliance is noted(Guideline B)

the records to be taken should be indicated(Guideline B)

the personsresponsible for verification should be indicated(Guideline B)

The image of Declaration of Maritime Labor Compliance part II(DMLC PartⅡ ）

34

RegularInspections


(3) PSC INSPECTION REGARDING MLC,2006

• (Characteristic of PSC inspection of MLC,2006)

Certificates Posted documents Facilities

• Certificates(Maritime Labor Certificates, etc.)• Posted documents

(Shipboard working arrangements table)• Facilities (Accommodation, Sanitary)

(3) PSC inspection regarding MLC,2006


– Initial inspection• A PSCO checks Certificates

If the PSCO finds clear groundsduring an inspection tour

– The PSCO may carry out more detailed inspection

Similar manner to SOLAS, STCW, etc.

• (Initial inspection and more detailed inspection)

• 14 areas checked in more detailed inspection1. Minimum age of seafarers

2. Medical certification of seafarers

3. Qualifications of seafarers

4. Seafarers’ employment agreements (SEA)

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

6. Hours of work or 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


(3-1) INITIAL INSPECTION

(3-1) Initial inspection

Certificates (Ships 500GT or more)

• MLC

• DMLC– DMLC part I (issued by a flag state)– DMLC part II (written by a ship owner)

• Interim MLC→DMLC need not be issued

MLCDMLCPart I

DMLCPart II

InterimMLC

No DMLC

or

• Resolution XVII (International Labour Conference 94th session)

“Resolution concerning the practical implementation of the issue of certificates on entry into force “– Flag states and RO have insufficient number of inspectors– It will not be possible to certify all ships before entry into force– Requests further that, during a period of one year following the

initial entry into force of the Convention, Members (both flag and port States) give due consideration to allowing ships to continue to operate without the certificate and declaration


Requested to give due consideration toallowing ships to operate without certificate

MLC,2006

Entry into force

20.08.2013 20.08.2014


MLC,2006

20.08.2012

Certification for bulk carriersand passenger ships

• MLC– valid for 5 years

• MLC (Maritime Labour cetificate)(3-1) Initial inspection

Endorsement of intermediate survey

Date of issueDate of expiry

Signature

• DMLC part I(issued by a flag state)

• DMLC part I includes– Flag’s national

requirements– Substantial equivalencies– Exemptions

• (MLC certifies the ship’s compliance and DMLC is attached document of MLC)

• DMLC (Declaration of Maritime Labor Compliance)

Country A


Country A

• DMLC part I– Flag’s national

requirements in the 14 areas

– Signature and stamp of a flag state

• DMLC


• DMLC part II(written by a ship owner)– Shipowner’s measures in

the 14 areas for ensuring ongoing compliance


• Check points on the certificates– Certificates are issued by Flag

state or RO?– MLC is not expired?

– Original certificates are onboard?

– Is there a signature or stamp of flag state or RO?

– A copy is posted in a conspicuous place on board?

MLC

valid until xx.xx.2013


Ships under 500GT• Checking

– Inspection report issued by Flag state

• If a PSCO finds the ship clearly do not conform to the requirements or a complaint is alleged, the PSCO may carry out an inspection regarding the matter.

Country AInspection report


….

….

• Ships of non-party– No more favourable

treatment• Checking

– Inspection report or– Statement of compliance

issued by RO• If both of certificates are not

produced, PSCO may carry out more detailed inspection regarding 14 areas


(3-2)MORE DETAILED INSPECTION

(3-2) More detailed inspection

• A more detailed inspection may be carried out when– documents do not comply

with 　 MLC,2006– working and living conditions

do not conform– the ship has changed flag

for avoiding compliance– there is complaint alleging

that working and living conditions do not conform

Country A

Country B

Breach of the requirement!

• A more detailed inspection may be carried out when– on shore complaint, which falls within the PSC

activities, and a more detailed inspection is judged as necessary. or

– previously reported deficiencies have not been rectified or completed or

– the ship flies the flag of a State that has not ratified the MLC, 2006.


Form B

SEA 17 -missing Lighting 17 -damaged

Non member

• A more detailed inspection shall in any case be carried out, where– the working and living conditions

believed or alleged to be defective could constitute a clear hazard to the safety, health or security of seafarers, or

– the PSCO has grounds to believe that any deficiencies constitute a serious breach of the requirements of the MLC, 2006 (including seafarer’s rights)


However,• More detailed inspection need not be carried

out due to absence of MLC and DMLC until 20.08.2014. (ref. Resolution XVII)

One year

MLC,2006

Entry into force

20.08.2013 20.08.2014


MLC,2006

20.08.2012


• Opportunity to check 14 areas– (1) during PSCO checks certificates

• Minimum age (from crew list)• Medical certificates, etc.• STCW requirement, Manning levels(from MSMD)

– (2) during inspection tour• Working hours: shipboard working arrangements table• Foods and catering (with inspection of the fire insulation

on galley)• Visual inspection of Accommodation area, galley, and

mess room regarding hygiene condition


　 What is the basic requirements ？

Check Points in 14 areas


• Refer as well“List of example deficiencies in the 14 areas” (Annex 3 of the guideline)

• (1) Minimum age: No under-age persons work– Seafarers below 16 years old

(MLC,2006 Reg.1.1.2)

• (2) Medical certificates: validity– Maximum two years for seafarers18 years or older– Maximum one year for seafarers below18 years

old


Check Points in 14 areas 　 No.1


• (3)Training and qualifications: – as before

• (4)Seafarers’ Employment Agreement– Is there the copy of SEA signed by

the seafarer and the ship owner onboard?An original SEA is not required onboard.

– Seafarer is given the record of employment?




• (5) Recruitment and placement– Check documents onboard.

(e.g. “license or certificate that the service meets the requirement of MLC,2006 issued by RO”)• It’s not mandatory to have the license onboard but

It can be documentary evidence to show compliance of MLC,2006,




• (6) Hours of work– Is there a table with the shipboard working

arrangements?– Maximum hours and minimum hours of rest

are satisfied?• Shipboard working arrangements table,

record of working hours andwatch keeping table can be compared each other(These matters are possible to be the theme of CIC 2014)




• (7)Manning levels – as before

• (8) Accommodation and (9) recreational facilities– applied to ships keel laid on or after the date

of entry into force• Separate sleeping rooms and toilets for men and

women• Presence or absence of Ventilation, Heating,

laundry facilities• Inspection record of accommodation




• (10) Food and catering– Sufficient amount and nutrients vary.

Is there extreme shortage or rottenness of foods?

– Ship’s cook is 18 years or older?




• (11) Health and safety protection and accident prevention– e.g. whether “Safety Management Manual”

includes the procedure of health protection , accident prevention




• (12)On-board medical care– Is there a medical chest, medical

equipment, and medical guide?– Seafarer in charge of first-aid was

designated?– Is there a medical report form?




• (13)On-board complaint procedures– Is there a copy of on-board complaint

procedure applicable on the ship?

• (14)Payment of wages– Wages are paid monthly?

• checking the copy of a pay slip(However, it’s not mandatory to keep it onboard)




When you find a matter that seems to be deficiency,

• 1) Take photos and notes Interview a crew (in a cabin, etc.)

• 2) Check a DMLC when writing Form A and B (Verify National requirement)

• 3) Interview captain and confirm– If there is a clear evidence, PSCO may consider

detention– Require a RAP



• List of example deficiencies warranting detention (Annex 4 of the guideline)

(3-3) COMPLAINTS

(3-3)Complaints

• Flow chart“On-shore complaint”(Annex 8)

• The regulation of complaints in MLC, 2006– (1) On-board complaint procedure(A5.1.5)

• Complaints are firstly handled in the onboard complaint procedure

– (2) Complaints that are made as part of the PSC inspection procedure(A5.2.1 para. 1(d))• Seafarers, professional organizations, association, trade

union, and any person with an interest in the safety of the ship can submit the complaints

– (3) Onshore complaint (A5.2.2)• Complaints from seafarers in a port state

(3-3)Complaints

• Outline ofFlow chart Step 1

Step 2

Step 3

Complaints as part of the PSC inspectionA5.2.1

Onshore complaint procedureA5.2.2

(3-3)Complaints

• Step 1– Determining whether the complaint should be

handled under PSC procedure• complaints fall outside the14 areas should not be

handled under PSC procedure under this Guidelines• PSCO decide whether or not to carry out a more

detailed inspection

Step 1

(3-3)Complaints

• 1. Interview carefully (Who, What, When, Where, Why, How, +How many, How much, How long)

• 2. Is it non compliance of MLC, 2006?– Wages stated in SEA was not paid

→should be handled– Wages stated in SEA is too cheap

→should not be handled

• The complaint falls inside the 14 areas?

(3-3)Complaints

• Step 2 – Inspection process – Ascertain whether on-board complaint procedure has been used.

– PSCO should seek to promote a resolution of the complaint at the ship board level.

– The master, the shipowner and any person involved shall be permitted to express their view

– If the complaint cannot be resolved at shipboard level, the flag state should be notified and requested within a prescribed deadline to provide advice and a corrective plan of action

Step 2

Complaint as a part of PSC inspection A5.2.1

(3-3)Complaints

3. “Did you use on-board complaint procedure? “

“No, I didn’t. I’ll try to use the procedure.”

4. “The complaint was not solved through onboard complaint procedure. Captain does not listen to me.”

PSC

or

(3-3)Complaints

End

PSC 5. “Is there a documentary evidence for noncompliance with MLC, 2006?”

“Is it all right to ask other crew regarding this matter?”

“I’ll ask captain and confirm your complaint but I’ll not tell who made the complaint.”

6. Record these information (1. ～ 5.) (If the crew agrees, the copy of documentary evidence should be taken.)

(3-3)Complaints

7. Check the DMLC(flag’s national requirement)

8. ”Captain, I got information that the actual work hours are different from the record and exceed the limitation.”

• Check the watch schedule, record, and difference from complaints

PSC

(3-3)Complaints

9. “We actually couldn’t increase the personnel because of our company’s order. Watch schedule is sometime not 0-4, 4-8, 8-0 but 0-6,6-0…”

(3-3)Complaints

• ATC 17 or 30 (DETAIN) (If it’s repeated breach, ATC may be 30)– RAP should be required

• (to revise the watch table or records of hours of work)

10. “We comply with the convention. Is there an evidence of non conformity?”

– If PSCO carried out more detailed inspection and didn’t find the evidence, the inspection is finished.

“We’ll inform this complaint to the flag state.”PSC

(3-3)Complaints

– If the flag State advises that it will resolve the matter and will provide a corrective plan of action within a prescribed deadline decided by PSCO, the PSCO will not have any further involvement.

– If the complaint is not resolved by the flag State within the prescribed deadline, then the port State shall transmit the inspection result to the ILO with a format of annex 5 and inform the appropriate ship-owners and seafarers organizations in the port State (Standard A.5.2.2 paragraph 6).

• Step 3 – Dealing with an unresolved complaint

Step 3

(3-3)Complaints

(3-4)RECTIFICATION ACTION PLAN (RAP)

(3-4) Rectification action plan(RAP)

• Rectification Action Plan: RAP• RAP is an action plan to rectify a detainable deficiency• If PSCO accept the RAP, the ship may be released.• It is the joint responsibility of the shipowner and the

master to propose and implement a RAP• The RAP should specify

– the action required– Agreed time frame acceptable to all parties, within which

period the prescribed items will be rectified

• The RAP should be submitted to the flag state or RO before the RAP is proposed to the PSCO.

• Rectification Action Plan: RAP

• (1) Clear evidence of deficiency was found• (2) Write Form A and B• (3) Require a RAP


• When deciding whether or not to accept a RAP the following elements should be considered:– the length and nature of the intended voyage or service;– the nature of the hazard to seafarers’ safety, health or security;– the seriousness of the breach of the requirements of the MLC, 2006

(including seafarers’ rights);– any previous history of deficiencies or repeated deficiencies;– whether or not the appropriate work or rest periods for seafarers are

being observed;– the safe manning requirements of the flag State;– the number and nature of deficiencies found during the particular

inspection.


(3-5) REPORTING

(3-5) Reporting

Appropriate Shipowners’ and Seafarers’ organization in the port State.

Director General of the ILO

Flag State PSC authority of next port

Report forms

Significant deficiency* or deficiency in connection with Complaint

Must be informed

May be informed if any reply from flag State

May be informed

May be informed according port State Procedure

Using report annex 5

On shore complaint not resolved

Must be informed

Must be informed

Must be informed

May be informed according port State Procedure

Using report annex 5

Ship detained due to MLC, 2006 deficiency

Must be informed

May be informed

Must be informed

May be informed

Informed by APCIS

Using notice of detention (See Section 2-4 of Tokyo MOU Manual)

RAP has been agreed.

May be informed May be informed if any reply from flag State

Must be Informed

May be informed

Using notice of release (See section 2-5 of Tokyo MOU Manual)

• Reporting matrix in the guideline

AT THE END,

At the end,

• PSC is “a right” in the MLC ,2006 same as the other conventions– “may be the subject of inspection”– “more detailed inspection may be carried out”

• As part of a PSC inspection, we can start inspections of MLC, 2006 regarding the matters that standard is clear and/or the matters that can be inspected in a short time

ministry of land, infrastructure, transport and tourism port state control on maritime labour...

Documents

overview slide

excellent ship country

ships international

countries entry

sea international convention

maritime labor convention

detailed inspection

initial inspection