Inspection of working and living conditions

28 March 2011

Inspection of working and living conditions DNV experience ILO 178 vs. MLC

Sjøhelsekonferansen 2011 Guttorm Gjerde Det Norske Veritas

© Det Norske Veritas AS. All rights reserved.

14 March, 2011

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Agenda

ILO 178 introduction

ILO 178 vs MLC requirements

Findings ILO 178 inspections

MLC status and experience

Challenges/improvement areas


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Adopted: October 1996

Into force: April 2000

Ratifications: 15 Countries

Albania Brazil Bulgaria

Fiji Finland France

Ireland Luxembourg Morocco

Nigeria Norway Peru

Poland Sweden United Kingdom

Norwegian Ratification: June 11th 1999

DNV role: Part of Flag Agreement with Norway; 3rd Party Verifier

C 178 Labour Inspection (Seafarers) Convention


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ILO 178 status DNV

Number of inspections carried out:

- 2009: 65

- 2010: 249

- 2011: expected 250+

(depending on MLC entry into force - ships inspected in 2009 in window for new ILO 178

inspections end 2010).

Norwegian detailed requirements:

- Check lists from NMD prepared based on MLC Appendix A5-1 (14 areas)

- Appropriate to use ILO 178 inspections as “practice” for future MLC inspections

Inspections carried out during ISM audits

Separate job – separate reporting

More than 200 ILO 178 inspectors qualified

MLC inspectors qualified through MLC training courses will also qualify for ILO 178

inspections


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ILO 178 vs. MLC

ILO 178

Applies to ships above 500 GT.

MLC

Applies to all ships, certification

requirements for ships above 500 GT in

international trade.

The Flag State shall maintain a system of

inspection of seafarers' working and living

conditions.

The Flag State shall establish an effective

system of inspection and certification of

maritime labour conditions.

Inspections to be carried out at intervals of

2.5 years and not more than 3 years between

two inspections.

All ships shall be inspected at intervals not

exceeding three years.

Certificate validity 5 years.

DNV authorized as a RO for Norway. DNV aim to be RO for all relevant flag states

(authorized for Marshall Islands, Bahamas).

No certification requirements. All ships above 500 GT in international trade

must have a Declaration of Maritime Labour

Compliance (DMLC) and Maritime Labour

Certificate (MLC).


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ILO 178 vs. MLC (cont.)

ILO 178

Flag state inspection according to national

laws and regulations.

MLC

Flag state inspection according to flag’s

implementation of convention requirements

and any additional flag state requirements.

No requirements regarding seafarers' working

and living conditions in the convention itself.

Detailed requirements in the convention to be

implemented in national legislation.

The DMLC consist of 2 parts:

Part I: the flag stating national requirements

implementing convention requirements

Part II: the shipowners measures adopted to

ensure ongoing compliance with requirements

in DMLC Part I.

=> Review (and “certification”) of shipowners

procedures

ILO 178 will be replaced by MLC when enters

into force

=> 1 inspection per ship (but depending on

entry into force of MLC).

“No more favorable treatment”:

Port state inspections according to convention

requirements.


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ILO 178 Convention vs. MLC

ILO-178 Convention MLC code

Minimum age Minimum age

Medical examinations Medical certification

Qualifications Qualifications of seafarers

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

service

Hours of work Hours of work or rest

Manning Manning levels for the ship

Crew accommodation/Standards of maintenance and cleanliness of

shipboard living and working areas

Accommodation

On-board recreational facilities

Food and catering Food and catering

Prevention of occupational accidents Health and safety and accident prevention

Medical care On-board medical care

On-board complaint procedures

Terms and conditions of employment Payment of wages

Articles of agreement Employment agreements

Sickness and injury benefits Social Security/Ship owners liability (through employment agreement)

Social welfare and related matters Social Security

Repatriation Repatriation (through employment agreement)

Freedom of association


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Inspection of Working and Living Condition (NMD)

ILO 178 as required by NMD checklist

Minimum age

Medical certification

Qualifications of seafarers

Seafarers Employment Agreement – NA ref NMD decision

Recruitment and placement

Hours of work and rest

Manning

Accommodation

Recreational facilities

Food and catering

Health and safety and accident prevention

On-board medical care

Sickness and injury benefits – NA ref. NMD decision

Repatriation – NA ref. NMD Decision


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ILO 178 inspections: DNV experience

Typical findings are related to:

Health, safety and accident prevention

Accommodation

Food and catering

Hours of work and rest

Qualifications / Competence


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Findings ILO 178 inspections (2010 figures)

No Areas of inspections Number of non-conformities Number of comments

1 Minimum Age 1 5

2 Medical Certification 5 5

3 Qualifications of Seafarers 27 15

4 Seafarers’ Employment Agreements NA (ref. NMD) NA (ref. NMD)

5 Recruitment and placement 8 1

6 Hours of work and rest 27 16

7 Manning 1 2

8 Accommodation 104 60

9 Recreational facilities 5 2

10 Food and catering 103 105

11 Health, safety and accident prevention 160 117

12 On-board medical care 21 14

13 Sickness and injury benefits NA (ref. NMD) NA (ref. NMD)

14 Repatriation NA (ref. NMD) NA (ref. NMD)

Total: 462 342


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Findings: Health, safety and accident prevention

High frequency on findings related to health, safety and accident prevention issues:

Risk assessment:

- Lack of knowledge, systematic approach, regularity and recordings

- Noise, vibration, use of chemicals – procedures not covering relevant and required areas

- Work by young seafarers under the age of 18 – not reflected in procedures

SHE-competence of seafarers:

- Lack of necessary training for safety representatives/members of the PEC committee.

- Lack of documenting that such training has been provided

- Safety-meetings not held on board,

- Annual reports not produced/filed

Handling of chemicals:

- Lack of recordings

- Handling and storage not in compliance with

requirements

- Missing PPE


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Findings: Health, safety and accident prevention (cont.)

Also findings related to lack of training/maintenance of working equipment,

missing/not use of PPE, insufficient training in working operations and smoking

regulations.

Although actual activities may be carried out, the necessary documentation could

be missing or inadequate, and several findings related to this have been recorded

in inspection reports. Activities may also not be carried out with required

regularity, totality or detailed level.

MLC requirements for risk assessment, training and safety representative:

measures for ongoing compliance, on board inspections and subject to

certification in the future.


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Findings: Accommodation

High frequency on findings related to seafarers accommodation:

Requirements for thorough accommodation cleaning (3 times per year): - Insufficient/missing routines for delegation of responsibility - different understanding of how detailed the

requirements, who onboard should carry out inspections of cleanliness.

Requirements regarding weekly inspections by Master: - Insufficient/missing routines for documenting that cleaning is carried out, that inspections of cleanliness

have been carried out by the responsible person(s), who is responsible for documenting the inspection, inspections carried out but not documented.

Also findings related to;

- Marking of emergency exits, cleanliness of engine room

Although a vessel is regularly cleaned and appears as a very tidy/clean vessel, the inspection can result in a finding relating to lack of documentation/recordings of internal cleanliness inspections.

MLC requirements for frequent inspections by Master (delegated): measures for ongoing compliance, on board inspections and subject to certification in the future.


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Findings: Food and catering

High frequency on findings regarding food, catering and hygiene routines on

board.

- Drinking water: basic requirements to a large extent fulfilled - drinking water with no smell, colour or taste

but no evidence that water quality is monitored

- Freezer temperature: basic requirement to a large extent fulfilled – provisions available and properly

stored but e.g. freezers not capable of meeting the required temperature level.

NMD is working on improving the regulations and co-operates with Mattilsynet in

order to develop a guideline concerning drinking water and freezer temperatures.

Temporary solutions decided by NMD: extended due date for non-conformities

may be given (Ref. RSV 15-2010, dated 26.11.2010) until guideline ready (30 June 2011))

Other findings; food stored on directly on the floor, missing/broken temp sensors to cold

store and freezer, removing of waste food, proper working clothes of personnel working in

the galley


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Findings: Food and catering

Unclear requirements for drinking water and freezer temp, but main challenges are

lack of;

- knowledge and/or

- systematic approach in order to ensure quality provision of food and drinking

water at all times.

MLC requirements for food and drinking water supplies, suitable in respect of

quality:

measures for ongoing compliance, on board inspections and subject to certification

in the future.


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Findings: Qualification/Competence

Findings related to training/familiarization and certificate requirements for STCW crew / seafarers.

Expired Certificates (e.g. CRA) including health certificates

Missing certificates (e.g. watch keeping, lifeboat/FRC, cook)

Personnel not according to safe manning certificate (e.g. electrician)

Lack of a documented competence management system (new personnel)

Lack of familiarization of new personnel in order to become familiar with the shipboard equipment, operating procedures and other arrangements needed for proper performance of duties

Lack of documented evidence for on board safety training/familiarization


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Findings: Qualification/Competence

MLC requirements for ensuring that that all seafarers are trained / competent / otherwise qualified (not only seafarers covered by STCW): No flag has of yet made any specific requirements for seafarers not covered by the STCW – e.g. seismic crew: up to the company to evaluate extent and content of training / familiarization

Measures for ongoing compliance, on board inspections and subject to certification in the future.


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Findings: Hours of work and rest

Findings related to recording of hours of rest:

-Lack of knowledge concerning requirement,

-Missing records for individuals

-Individual recordings consequently at upper limits

-Individuals not sufficiently rested

(following STCW (70 hours) and not ILO 180 (77 hours)

MLC requirements for ensuring that seafarers are sufficiently rested and for

recording of seafarers rest hours:

MLC requires recording of hours of rest also for the Master. MLC and revised

STCW not fully in compliance (MLC: 2 rest periods/STCW 3 rest periods)

Measures for ongoing compliance, on board inspections and subject to

certification in the future.


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MLC experience in DNV

Voluntary statements of compliance: 8 vessels (convention requirements only).

First voluntary certification on behalf of Marshall Island in progress.

DMLC review/Gap-analysis of shipowners procedures:

- Mainly based on:

- Existing Safety Management System,

- Occupational Health and Safety systems

- Crew Department procedures and agreement with/procedures for Crew Manning Agents


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Experience from GAP analysis/DMLC review:

Many areas covered to a large degree but:

Measures not sufficiently defined to ensure ongoing compliance with requirements

- Example 1:

Policy not to employ seafarers under the age of 18. Crew department procedures stating compliance

with MLC requirements, but crewing in reality done by a separate Crew Manning Office. No procedure

ensuring the “link” between the CMO and the shipowner ensuring seafarers are recruited according to

requirements.

- Example 2:

Health, safety and accident prevention related procedures do not include the aspect of occupational

diseases: risk assessment, prevention and reporting.

Sufficient documentation on board: measures and records to be checked on board


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Preparing for the new requirements

Shipowner preparation

Conduct Gap Analysis MLC 2006 vs.

existing procedures

Get clarifications from Flag State(s)

Evaluate procedures for implementation

Evaluate the need for updating procedures

or new procedures

Prepare ship and seafarers and company

officers for implementation and compliance

Evaluate need for training in order to ensure

effective implementation and compliance

Implement measures

Have ships certified

Establish system to monitor continuous

compliance


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Establishing, implementing and follow up on procedures (to cover requirements for MLC and DMLC) - Identifying

existing, needs for updating, revising and new procedures

Safety and health policies (including for risk evaluation)

Competence for all involved (ashore and onboard) in order to handle this effectively

Inspections and certifications

Scope of Convention; Definition of seafarer (Is a Cadet a seafarer? )

Applicability for Cruise ships, Yachts, Special Purpose Ships, MODUs

Safety and Job Training requirements

Hours of work or rest for all seafarers (including masters)

Health Certificates (issuance by a duly qualified medical practitioner)

Compliance with requirements for “Private Recruitment and Placement Services”

Newbuildings (cf. grandfather clause and the term “Keel laying”)

Reporting and follow up of accidents, injuries and diseases

Handling complaints

Document payment of wages

Documentation logistics

Port State Control (“No more favorable treatment”)

There may well be other challenges!

Areas where we so far have seen special Challenges


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Agenda

ILO 178 introduction

ILO 178 vs MLC requirements

Findings ILO 178 inspections

MLC status and experience

Challenges/improvement areas


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Safeguarding life, property

and the environment

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