subject: mlc implementation results - insb · 1. mlc, 2006 - present status 2. inspection and...

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Recently our Society has given a lecture on the MLC implementation results till

now (December 2014) and abstracts of the presentation are presented herewith

for your information.

These results may be useful during the future MLC inspections and the most

effective compliance of the MLC/National requirements onboard the vessels.

The main topics of the presentation are the following:

1. MLC, 2006 - Present status

2. Inspection and Certification status / Problems occurred

3. MLC deficiencies per area (INSB Class statistics)

4. Common deficiencies

5. Paris MOU: MLC Deficiencies

6. MLC future amendments

For the INSB Class

P. Klavdianos

Marine Management Systems Certification Division

Attachment: INSB Class MLC Presentation

No.

MLC

Implementation

results till now

Relevant Convention

MLC, 2006

Subject: MLC implementation results

MLC, 2006 17 months of implementation

of the world’s gross tonnage

Member States of ILO have

ratified the Convention 65

80%

MLC, 2006, PRESENT STATUS

SO FAR

AND COLLECTIVELY THEY HAVE APPROXIMATELY

1.000.000

ARE COVERED BY A

SINGLE,

COMPREHENSIVE

LABOUR

STANDARD FOR

THIS INDUSTRY

THAT IS SO

ESSENTIAL TO

INTERNATIONAL TRADE

1.000s

OF

SEAFARERS

OF

SHIPOWNERS

TODAY WELL OVER

MLC, 2006, PRESENT STATUS

INSPECTION & CERTIFICATION

SHIPS

40.000 80%


ESTIMATED

to be

inspected

and

certified

PRACTICALLY

SHIPS

over 500 GT

engaged in

international

voyages

worldwide,

comply with

the

requirements of

the Convention

Still vessels without

certification although

operated under the flag

of a ratifying country

Few vessels, subject

only to inspection, have

been inspected (mainly

big yachts)


Some Flag States still

amending their National

Rules and Legislation

FLAG STATES

The MLC 2006, is

setting basic minimum

standards which the

great majority of

shipowners are able to

meet without

introducing far reaching

changes to their

employment practices

SHIPS

500


MLC Inspections/

certifications

performed

Requests for evidence of compliance by

shipowners operating vessels flying a flag

of a non-ratifying country

Statement of

Compliance

INSB Class

WE ISSUE


Request for extension of

Interim Certificates??

Some shipowners started

the preparation late,

allowing limited time for

implementation on board.

This resulted in, some

times, numerous

deficiencies

More Shipowners require that

MLC Shipowner is not DOC

holder (depending also to

flag administration

requirements)

Problems occurred / Clarifications required

MLC DEFICIENCIES PER AREA

SHIPS' STATISTICS

Payment of wages

Hours of Works or rest

Health and safety and accident prevention

SEA

Onboard Recreational Facilities

Accommodation

Food and catering

On-board medical care

On-board complaint procedure

Qualifications of Seafarer

DEFICIENCIES


5

6

3

0

2

0

Medical certification of seafarers 3

2

2

0

DETAINABLE

74

62

55

43

32

31

27

23

19

8

5

6

Statistics

COMMON DEFICIENCIES

Statistics

SEA does not reflect the MLC

Shipowner but the employer or

owner instead

Missing SEA

Missing CBA

Not in accordance with MLC and

national requirements

Insufficient resting hours

Missing rest hours records

Not signed

Fake records

Drills recorded as resting

hours

Inspections not carried out as

required

Not clean tidy facilities

Defects/malfunction of

facilities/equipment

Seafarers’ Employment Agreements (Reg. 2.1)

Resting hours (Reg. 2.3) Accommodation (Reg. 3.1)

COMMON DEFICIENCIES

Not paid for more than 2 months

Wages not in accordance with the

contract or not paid in time

Not monthly statement of accounts

Not evidence of payment

Payment of wages (Reg. 2.2)

Statistics

COMMON DEFICIENCIES

Inspections not carried out as

required

Not clean and tidy

Drinking water not tested regularly

Qualification of cooks

Not in accordance with

national requirements

Contact details

Not recorded

Food and catering (Reg. 3.2) Complaints (Reg. 5.1.5)

Missing wages / Incorrect

payment

They do not like the food

Not enough cash advances

Not good internet

Not paid overtimes

Noise level

Not enough DVDs

Common complaints made: (Not necessarily justified)

Statistics

MLC DEFICIENCIES SOURCE:

SHIPS

113 17,4%

MLC DEFICIENCIES

Were

detained For MLC

deficiencies

PRESENTS

OF TOTAL NUMBERS OF

DETENTIONS

649

During the first 12 months


MLC, 2006 area’s # of MLC

Deficiencies

% of total

# of MLC

deficiencies

# of

detainable

MLC

deficiencies

% of

Detainable MLC

Deficiencies of total

MLC deficiencies

MLC,2006 Ship’s certificates and documents 84 2.44% 2 2.4%

Minimum age of seafarers 1 0.03%

Medical certification of seafarers 89 2.58% 2 2.2 %

Qualifications of Seafarers 12 0,35% 1 8.3 %

Seafarers’ employment agreements 184 5.34% 15 8.2 %

Use of any licensed or certified or regulated private

recruitment and placement service for seafarers 17 0.49%

Hours of Works or rest 300 8.70% 23 7.7 %

Manning levels for the ship 49 1.42% 14 28.6%

Accommodation 354 10.27% 12 3.4%

On-board recreational facilities 5 0.15%

Food and catering 530 15.38% 12 2.3%

Health and safety and accident prevention 1,485 43.08% 19 1.3%

On-board medical care 119 3.45% 5 4.2%

On-board complaint procedure 89 2.58% 4 4.5%

Payment of wages 129 3.74% 51 39.5%

TOTAL 3,447 100.00% 160 4.6%

Payment of wages 51

Hours of Works or rest 23

Health and safety and accident prevention 19

Seafarer Employment Agreement 15

Manning levels for the ship 14

Accommodation 12

Food and catering 12

On-board medical care 5

On-board complaint procedure 5

Ship’s certificates and documents 2

Medical certification of seafarers 2

Nos

DETAINABLE DEFICIENCIES

MLC AMENDMENTS

MLC AMENDMENTS

Amendments

ADOPTED

13 June

2014

Expected to enter

into force by

early

2017

SUMMARY OF AMENDMENTS

Adopted

amendments will

clarify & extend

the scope of

financial

security

requirements.


A2.5 include Financial Security to cover abandoned seafarers and to

ensure that they are treated fairly and repatriated

• Standard A2.5 will then be A2.5.1- Repatriation and

• A2.5.2 - Financial Security

A4.2 include Financial Security for compensation in the event death or

long-term disability due to occupational injury, illness or hazard

• Standard A4.2 will then be A4.2.1- Shipowners’ Liability and

• A4.2.2 - Treatment of contractual claims

Financial Security

AMENDMENT

The adopted amendments include, in brief:

• up to four months wages and entitlements

• repatriation costs

• essential needs such as food, accommodation and medical care

Financial security for repatriation

AMENDMENT


The adopted amendments include, in brief:

Financial security to be provided to ensure contractual

compensation is paid, in accordance with the Seafarer’s

Employment Agreement

The financial security may be in form of a social security

scheme, insurance or fund

Certificate or other documentary evidence of financial security

to be carried onboard

Financial security relating to Shipowners’ liability

AMENDMENT


Resolution on the transitional measures relating to the entry into force of the

amendments to the MLC

• ML Certificates and DMLC need not to be reissued

• ML Certificates and DMLCs will continue to be valid upon its expiry

Administrations to incorporate the requirements in their laws/regulations and

Insurance Providers to adjust rules and practices accordingly

New MLC amendments indicate details which should be included in insurance

policy document.

Impact on existing MLC Certification

AMENDMENT


THANKS FOR YOUR TIME

P. Klavdianos

subject: mlc implementation results - insb · 1. mlc, 2006 - present status 2. inspection and...

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