MLC Flashcards
What is MLC?
It is a Convention of the International Labour Organisation adopted at a maritime session in February 2006 and become international law in August 2013.
Aims to ensure that all seafarers have the right to a safe and secure workplace, fair terms of employment, decent working and living conditions on board ship, and clear rights to health protection, medical care and other social protection.
Internationally applies to all seafarers on vessels > 500GT. Applies to all UK seafarers under the merchant shipping act.
What is the role of flag state under MLC?
The role of the flag state is to create legislation
To survey vessels and issue a MLC certificate accordingly
To make and receive declarations on the implementation of MLC
What are the Basic rights of seafarers?
- Safe working environment
- Good working and living conditions
- Fair terms of employment
- Basic health and social security
What is a seafarer under MLC?
Any person, including the master, who is employed or engaged or works in any capacity on board a ship and whose normal place of work is on a ship.
Sections of the MLC?
- Title 1. Minimum requirements for seafarers to work on a ship. Minimum age, medical certificate, training and qualifications, recruitment and placement
- Title 2. Conditions of employment. S.E.As, Wages, Hours of work and rest, entitlement to leave, repatriation, compensation, manning levels, career and skill development,
- Title 3. Accommodation, recreational facilities, food and catering.
- Title 4. Health protection, medical care, welfare and social security protection. Medical care, Shipowner´s liability, Health and safety, Shorebased welfare facilities, social security
- Title 5. Compliance and enforcement
What must be inspected under MLC?
• Minimum age • Medical Certification • Qualification of seafarers • Seafarers Employment Agreements (S.E.A) • Regulated Recruitment Provision • Hours of Rest • Manning Levels • Accommodation • On-board recreational facilities • Food and catering • Health and Safety and accident prevention • On-board medical care • On-board complaint procedures • Payment of wages Additionally the civil liability for repatriation and medical costs.
What is the minimum age of a seafarer? What is a young seafarer? What are the special considerations?
The minimum age of the seafarer is 16
Young seafarers are between the ages of 16 and 18
Special considerations
• Medical certificates. Valid for only 1 year.
• Hours of rest. Different hours of rest requirements.
• Risk assessment. A separate risk factor must be taken into consideration
• Crew list. They must be signed onto a separate crew list.
• Master has a duty of care. (Loco parentis)
What are the hours of rest requirements for young persons?
• 12 hours rest in every 14 hours
• No night work. (9 hours continuous rest overnight including 0000 – 0500)
• 2 days off per week. (May be reduced to 36 hours)
• 4.5 hours of work must include 30 minutes rest
MSN1838. This is UK legislation. The only item which applies in the international convention is the no night work.
What is loco parentis?
A term used in UK legislation. Anybody who has a duty of care over a person under the age of 18, assumes the role of parent or guardian until relieved by the parent of guardian, and must treat that young person as if they were their own son or daughter.
What are the concerns in regard to risk assessments with young persons?
Separate risk assessment whenever a young person is involved in a task. To ensure the task is not going to be beyond their mental and physical capabilities.
They may have an inability to recognise a risk
We must not have young persons engaged in activities that could cause harm their development. Such as activities involving high noise or vibration levels, chemicals, radiation, high heat, extreme cold, enclosed space, aloft.
What are the requirements for medical certificates onboard?
• Medical certificates are required for someone to be considered a seafarer.
• Issued by duly qualifies practitioner authorised by the flag state. Includes tests on sight and hearing.
• MLC Grants 3 month grace period on expiry if no doctor available
• Validity of 2 years for adults and 1 year for young persons
• MCA will accept other countrief certificates. See MSN1815.
• Must have an English translation. Must have a statement saying the seafarer is fit for duty.
• Different categories depending on fitness for fury.
Ref: MSN1839
What are the requirements in regard to qualifications under MLC?
All seafarers require the basic STCW training:
• Personal survival techniques
• Firefighting and prevention
• Personal, social and safety responsibilities
• Elementary first aid at sea
• Proficiency in security awareness
All officers require the advanced training:
• Advanced firefighting
• Proficiency in survival craft and rescue boats
Seafarers must receive a safety induction.
What are the principles of A Seafarer´s employment agreement
It is an individual agreement between the seafarer and the owner
• Subject to all requirements of the MLC
• Notice periods (minimum of 7 days) owner´s notice must not be less than that of the seafarer
• Template must be approved by flag state
• It must be possible to produce originals
• Must be signed by both the seafarer and the shipowner or an authorised signatory of the shipowner
• Both the seafarer and the shipowner must have copies of the SEA signed by all the relevant parties
• Subject to laws of flag state and place of agreement
• Seafarers signing an SEA must be given an opportunity to examine and seek advice on the terms and conditions of that agreement before signing it
What is contained in an SEA?
It must include:
• The full name, birthplace and date of birth of the seafarer.
• The name and address of the shipowner.
• The date on which & place where the agreement is entered into.
• The capacity in which the seafarer is to work.
• The termination date, termination notice period, or port of termination as applicable.
• The health and social security protection benefits
• The seafarer’s entitlement to repatriation
• The maximum sum which the shipowner will pay to the seafarer in respect of compensation for any loss of personal property arising from the loss or foundering of the ship.
• Details of any collective bargaining agreement which is incorporated (in whole or part) into the agreement or is otherwise relevant to it.
• The wages. The manner in which wages must be paid, including payment dates
• The hours of work.
• The paid leave
• Any pension benefits to be provided to the seafarer, including any entitlement to participate in a pension scheme.
• The grievance and disciplinary procedures.
Describe the procedure for signing someone onto an SEA
TBD
How are the manning levels determined?
• As per SOLAS, STCW, MLC and Flag state legislation
• Responsibility of owner and operator
• Applied for at design stage of the build
• Minimum safe manning document for vessels over 500GT
• Only flag state can grant exemptions
Ref: MSN1868
What are the requirements for crew accommodation under MLC? And recreation areas
• Naturally lit if possible. If not, seafarer must be exposed to natural light during working day. • Minimum bunk size • Personal storage • Clean bedding • Minimum area • Noise and vibration levels • Above summer load line mark • AFT collision bulkhead Additional provisions for shared cabin arrangements
What is the requirement in regard to provision of an onboard recreational space?
Requirement for a properly furnished space. Considerations should be given to
• Recreational activities and games
• Phone services
• Audio-visual
What are the food and catering requirements under MLC?
are the food and catering requirements under MLC? • Fridges and freezers must be kept clean, hygienic and to the correct temperature. o Fridge must be below +5 C o Freezers must be below -18 C • There must be a qualified on any vessel which has more than 10 persons onboard. o Chef must be over 18 years old. o Must not only have • Galley o Work surfaces must be clean o Galley kept clean, hygienic, safe o Inspected wekly • Food o Good nutritional value o Varied o Good quality o Culturally acceptable
Reference MSN1845
What are the health and safety requirements under MLC?
Onboard • Training • Awareness • Surveillance Investigation • Internal • External • MAIB Health • Recognising disease onboard • Treatment of diseases • Guidelines and instructions should be published by member states
What are the requirements for medical care under MLC?
• Every seafarer has the right to medical care and health surveillance onboard
• Medical care should be provided
• There should be a medical kit onboard
• Ships carrying 15 or more seafarers and engaged on voyages of more than three days duration, more than 60 NM off the coast must provide separate hospital accommodation
• Over 100 persons onboard, there must be a doctor onboard
• There must be medical advice available
• Ship captain´s medical guide must be available
• If the seafarers medical care can not be completed onboard, the seafarer must be landed ashore
• Shore medical facilities must be adequate
• The shipowner must have the appropriate insurance.
Records must be kept
What insurance is required under MLC?
The flag state ensures that the shipowner is liable to medical expenses
The shipowner must demonstrate to the flag state and to the seafarers that they have insurance in respect of civil liability, for the medical expenses or death of a seafarer. They must also have insurance to cover for civil liability to repatriation.
• certificate of insurance or other financial security in respect of seafarer repatriation costs and liabilities
• certificate of insurance or other financial security in respect of shipowners’ liability for medical expenses.
What are the requirements in regard to onboard complaints procedure under MLC?
MLC requires that seafarers have access to a complaints procedure
• Forms part of the SEA
• Details must be made available either in the SEA or posted in the crew mess
• The master must log all complaints appropriately
A seafarer may raise a complaint internally
1. The compliant must initially be made to a supervisor or to a designated trusted person.
2. If it cannot be resolved at this level, the complaint must be raised with the master.
3. If the master cannot deal with it, the complaint may be forwarded to the management company
If the seafarer does not get satisfaction or the matter is not resolved through the internal structure, the seafarer may raise the complaint externally to any of the following entities:
• Flag state
• port state control
• The appropriate authority in their country of residence
Is it appropriate for a crewmember to make a complaint directly to the master?
Yes
