*Maritime Labour Convention; 2006

*IntroductionWhat we will cover today:

Introduction to the MLC, 2006

Objectives

Some key characteristics

When will the MLC, 2006 be implemented?

*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

*Existing maritime labour standards68 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.

*Why did the ILO decide todevelop a new Convention?Greater awareness of the unacceptable impact ofsub-standard shipping

Sinking ships and loss of human lifeIn 1990, 149 ships with 807 lost livesIn 1994, 118 ships with 1478 lost livesMarine pollutionShips are sub-standard when living conditions on board are hazardous to health and safety of the crew (even if the vessel is otherwise seaworthy)

*Why did the ILO decide todevelop a new Convention?1990s, to review all of its standard setting and supervisoryactivity 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 andpreferred 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 thisprotection and accommodating diversity.

*Quality shipping=Decent workQuality shipping includes the ship, its operator, its flag and the SEAFARERS working and living aboard shipA happy crew is safer and more efficientQuality of working and living conditions essential element of quality shippingSavings on social and labor issues is unfair advantage for substandard shippingDistress for seafarersUnfair competition for ship-owners and flags

*Reasons for changeMany of the existing ILO instruments needed to be updated to reflect the working conditions in the industryChanges 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

*Reasons for changeIncreased internationalization of ship registries and flags of convenience led to competition between flags and reluctance to ratify ILO ConventionsA need to provide a level playing field and avoid exploitation of workersIncreased stress and complexity in the maritime work place that has an impact on the health and social security of workersThe 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

*The goals of the MLC 2006Updating 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 marketPreventing poor working and living conditions being/becoming a financial advantage in shippingCreating a level playing fieldEstablishing 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).

*Maritime Labour Convention 2006 Format & ContentEach Title comprises a number of Regulations, Standards and Guidelines relating to various topicsTitle 1. Minimum requirements for seafarers to work on a shipRegulation 1.1 Minimum ageRegulation 1.2 Medical certificateRegulation 1.3 Training and qualificationsRegulation 1.4 Recruitment and placement

*Maritime Labour Convention 2006 Format & ContentTitle 2 Conditions of employment

Regulation 2.1 - Seafarers employment agreementsRegulation 2.2 - WagesRegulation 2.3 - Hours of work and hours of restRegulation 2.4 - Entitlement to leaveRegulation 2.5 - RepatriationRegulation 2.6 - Seafarers compensation for the ships loss or founderingRegulation 2.7 - Manning levelsRegulation 2.8 - Career and skill development and employment opportunities for seafarers

*Maritime Labour Convention 2006 Format & ContentTitle 3 Accommodation, recreational facilities, food and catering

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

Title 4 Health protection, medical care and social security protection

Regulation 4.1 - Medical care on board ship and ashoreRegulation 4.2 Ship owners liabilityRegulation 4.3 - Health and safety protection and accident preventionRegulation 4.4 - Access to shore-based welfare facilitiesRegulation 4.5 - Social security

*Maritime Labour Convention 2006 Format & ContentTitle 5 Compliance and Enforcement

Introductory paragraphsRegulation 5.1- Flag State responsibilitiesRegulation 5.2 - Port State responsibilitiesRegulation 5.3 Labour-supplying responsibilities

*Innovative features to improveefficiency of labour standardsA new system for effective enforcement and compliance a certification system for decent workA Maritime Labour Certificate & a Declaration of Maritime Labour ComplianceApplies 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 shipsPrima 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)

*Overall objectives of the Maritime Labour Convention (MLC) 2006To establish decent working and living conditions for All seafarers worldwide.(1.2 million seafarers, estimated 69,000 ships 16 % Unionized) plusTo 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 importantlyTo put control and enforcement mechanisms in place to ensure there is a level playing field.(Certification scheme -MLC)

*Objectives of the Maritime Labour Convention, 2006To 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

*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

*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.

*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.

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

shipThe 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.

*When will the Convention be ratified and implemented?

Ratification requirements30 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

*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?

*Regulations and the CodeThe Regulations and the Code are organised into 5 areas called Titles:Title 1:Minimum requirements for seafarers to work on a shipTitle 2:Conditions of employmentTitle 3:Accommodation, recreational facilities, food and cateringTitle 4:Health protection, medical care, welfare and social security protectionTitle 5:Compliance and enforcement -certification

*Title 1Title 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

*Title 2Title 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

*Title 3Title 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

*Title 3: (continued)A3.1 Paragraph 4The 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

*Title 4Title 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)

*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

*Title 5Compliance and enforcementTitle 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

*Seafarers Complaints:

Regulation 5.1.5Ships 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 seafarerILO will use deficiencies, detentions and seafarers complaints as a measure of the effectiveness and success of the MLC, 2006. Title 5Compliance and enforcement

*Title 5 The Certification ProcessRegulation 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

*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

*Scope of InspectionAppendix A5-1 (same as the DMLC Part I and DMLC Part II)

Minimum age

Medical certification

Qualifications of seafarers

Seafarers employment agreements

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

Hours of work or rest

Manning levels for the ship

*Scope of InspectionAccommodation

On board recreational facilities

Food and catering

Health and safety and accident protection

On board medical care

On board complaint procedures

Payment of wages

*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

*

CHECK LISTS

*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?

*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

*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

*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

*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

*TITLE 1 - MINIMUM REQUIREMENT FOR SEAFARER TO WORK ONBOAD A SHIPTRAINING 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)

*TITLE 1 - MINIMUM REQUIREMENT FOR SEAFARER TO WORK ONBOAD A SHIPAre 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?

*TITLE 1 - MINIMUM REQUIREMENT FOR SEAFARER TO WORK ONBOAD A SHIPSEAFARERS 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?

*TITLE 1 - MINIMUM REQUIREMENT FOR SEAFARER TO WORK ONBOAD A SHIPIs 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?

*TITLE 1 - MINIMUM REQUIREMENT FOR SEAFARER TO WORK ONBOAD A SHIPAre 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?

*TITLE 1 - MINIMUM REQUIREMENT FOR SEAFARER TO WORK ONBOAD A SHIPIs 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?

*TITLE 1 - MINIMUM REQUIREMENT FOR SEAFARER TO WORK ONBOAD A SHIPHas 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?

*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?

*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

*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

*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

*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

*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

*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

*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

*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

*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

*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

*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

*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

*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

*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

*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

*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

*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

*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

*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

*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

*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

*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

*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

*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

*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

*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

*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

*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

*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

*CAREER AND SKILL DEVELOPMENT FOR SEAFARERS

Are there opportunities onboard for further training and education of seafarers? TITLE 2 - CONDITIONS OF EMPLOYMENT

*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?

*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

*TITLE 3 - ACCOMMODATION, RECREATION FACILITIES, FOOD AND CATERINGAre 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?

*TITLE 3 - ACCOMMODATION, RECREATION FACILITIES, FOOD AND CATERINGAre 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?

*TITLE 3 - ACCOMMODATION, RECREATION FACILITIES, FOOD AND CATERINGAre the materials used to construct internal bulkheads, panelling and sheeting, floors and joinings suitable for the purpose and conducive to ensuring a healthy environment?

*TITLE 3 - ACCOMMODATION, RECREATION FACILITIES, FOOD AND CATERINGBULKHEAD 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?

*TITLE 3 - ACCOMMODATION, RECREATION FACILITIES, FOOD AND CATERINGAre 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?

*TITLE 3 - ACCOMMODATION, RECREATION FACILITIES, FOOD AND CATERINGAre 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?

*TITLE 3 - ACCOMMODATION, RECREATION FACILITIES, FOOD AND CATERINGNOISE 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?

*TITLE 3 - ACCOMMODATION, RECREATION FACILITIES, FOOD AND CATERINGHas 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)

*TITLE 3 - ACCOMMODATION, RECREATION FACILITIES, FOOD AND CATERINGAre 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?

*TITLE 3 - ACCOMMODATION, RECREATION FACILITIES, FOOD AND CATERINGIs 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?

*TITLE 3 - ACCOMMODATION, RECREATION FACILITIES, FOOD AND CATERINGGENERAL

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)

*TITLE 3 - ACCOMMODATION, RECREATION FACILITIES, FOOD AND CATERINGIs 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?

*TITLE 3 - ACCOMMODATION, RECREATION FACILITIES, FOOD AND CATERINGHOSPITAL 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)

*TITLE 3 - ACCOMMODATION, RECREATION FACILITIES, FOOD AND CATERINGIs 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?

*TITLE 3 - ACCOMMODATION, RECREATION FACILITIES, FOOD AND CATERINGIs 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?

*TITLE 3 - ACCOMMODATION, RECREATION FACILITIES, FOOD AND CATERINGRECREATIONAL 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?

*TITLE 3 - ACCOMMODATION, RECREATION FACILITIES, FOOD AND CATERINGFOOD 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?

*TITLE 3 - ACCOMMODATION, RECREATION FACILITIES, FOOD AND CATERINGIs 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?

*TITLE 3 - ACCOMMODATION, RECREATION FACILITIES, FOOD AND CATERINGQUALIFICATIONS 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?

*TITLE 3 - ACCOMMODATION, RECREATION FACILITIES, FOOD AND CATERINGAre 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?

*TITLE 3 - ACCOMMODATION, RECREATION FACILITIES, FOOD AND CATERINGDOCUMENTED 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?

*TITLE 4 - HEALTH PROTECTION AND MEDICAL CARE (INCLUDING ESSENTIAL DENTAL CARE) ON BOARD SHIP AND ASHOREHEALTH 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?

*TITLE 4 - HEALTH PROTECTION AND MEDICAL CARE (INCLUDING ESSENTIAL DENTAL CARE) ON BOARD SHIP AND ASHOREAre seafarers given the right to visit a qualified medical doctor or dentist without delay in ports of call, where practicable?

*TITLE 4 - HEALTH PROTECTION AND MEDICAL CARE (INCLUDING ESSENTIAL DENTAL CARE) ON BOARD SHIP AND ASHOREAre 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?

*TITLE 4 - HEALTH PROTECTION AND MEDICAL CARE (INCLUDING ESSENTIAL DENTAL CARE) ON BOARD SHIP AND ASHOREA 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?

*TITLE 4 - HEALTH PROTECTION AND MEDICAL CARE (INCLUDING ESSENTIAL DENTAL CARE) ON BOARD SHIP AND ASHOREA 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)

*TITLE 4 - HEALTH PROTECTION AND MEDICAL CARE (INCLUDING ESSENTIAL DENTAL CARE) ON BOARD SHIP AND ASHORESHIP 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?

*TITLE 4 - HEALTH PROTECTION AND MEDICAL CARE (INCLUDING ESSENTIAL DENTAL CARE) ON BOARD SHIP AND ASHOREHas 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?

*TITLE 4 - HEALTH PROTECTION AND MEDICAL CARE (INCLUDING ESSENTIAL DENTAL CARE) ON BOARD SHIP AND ASHOREHas 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?

*TITLE 4 - HEALTH PROTECTION AND MEDICAL CARE (INCLUDING ESSENTIAL DENTAL CARE) ON BOARD SHIP AND ASHOREHas 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.

*TITLE 4 - HEALTH PROTECTION AND MEDICAL CARE (INCLUDING ESSENTIAL DENTAL CARE) ON BOARD SHIP AND ASHOREHEALTH 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?

*TITLE 4 - HEALTH PROTECTION AND MEDICAL CARE (INCLUDING ESSENTIAL DENTAL CARE) ON BOARD SHIP AND ASHOREAre 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.

*TITLE 4 - HEALTH PROTECTION AND MEDICAL CARE (INCLUDING ESSENTIAL DENTAL CARE) ON BOARD SHIP AND ASHOREAre 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?

*TITLE 4 - HEALTH PROTECTION AND MEDICAL CARE (INCLUDING ESSENTIAL DENTAL CARE) ON BOARD SHIP AND ASHOREDoes 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?

*TITLE 4 - HEALTH PROTECTION AND MEDICAL CARE (INCLUDING ESSENTIAL DENTAL CARE) ON BOARD SHIP AND ASHOREDoes 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?

*TITLE 4 - HEALTH PROTECTION AND MEDICAL CARE (INCLUDING ESSENTIAL DENTAL CARE) ON BOARD SHIP AND ASHOREACCESS 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?

*TITLE 4 - HEALTH PROTECTION AND MEDICAL CARE (INCLUDING ESSENTIAL DENTAL CARE) ON BOARD SHIP AND ASHORESOCIAL 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?

*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?

*TITLE 5 - COMPLIANCE AND ENFORCEMENT ON BOARD AND COMPLAINTS PROCEDURESAre 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?

*TITLE 5 - COMPLIANCE AND ENFORCEMENT ON BOARD AND COMPLAINTS PROCEDURESAre 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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