SESSION 4

TITLE 1 –

MINIMUM REQUIREMENTS TO WORK ON A SHIP

AIM

• To discuss the MLC,2006 requirements associated with:

– minimum age;

– medical certification;

– training and qualifications;

– recruitment and placement.

MINIMUM AGE (Regulation 1.1. Standard A1.1. Guideline B1.1)

• Purpose to ensure that no

under-age persons work on a ship.

MLC, 2006 requirements

• 16, unless a higher age is prescribed in the Code

• 18 for night work• 18 for work jeopardizing health or safety - Ship’s cook - Operation of lifting equipment - Working aloft - Cleaning power operated machinery

etc

Night work

• Exceptions to strict compliance can be made by the competent authority when the night work is:

- essential for effective training; or- required by specific duties or training

programme and harmless to health/welfare of Seafarers.

Minimum Age

– A fundamental right.– Action in the case of non-compliance.

Checking for compliance

• What should be checked? • What are the shipowners’

measures for ongoing

compliance?

DMLC – PART II

The following should be included under minimum age;• No person under the age of 16 will be employed on the

ship.• No seafarer under the age of 18 will work at night (as

defined in the DMLC part I) unless it is part of a recognised training scheme.

• A list of hazardous work that seafarers under the age of 18 are prohibited from undertaking.

• A list of seafarer who are under 18 years of age.• To ensure compliance the master will check that the

seafarer is over 16 by inspecting the individual’s passport/discharge book.

MEDICAL CERTIFICATE(Regulation 1.2. Standard A1.2. Guideline B1.2)

• Purpose: to ensure that all seafarers are medically fit to perform their duties at sea.

MLC 2006 - Medical certificate

• Before working on a ship , each seafarer must have a valid medical certificate: - issued by a duly qualified medical practitioner (DQMP): - attesting that the seafarer is medically fit to perform his/her duties; STCW certificate must be accepted.

Validity

• A valid medical certificate maximum period of validity (Standard A1.2, para.7)

- two years- six years for colour vision- one year if seafarer under 18

Basic requirements

• A valid medical certificate must attest that the seafarer is medically fit to perform his/her duties including:–Hearing; –Sight;–colour vision;–no medical condition adverse to the

seafarer concerned or to others on board;–Certificate in English, if ship ordinarily

engaged in international voyages.

Exceptions (1 of 2)

• Where a certificate expires in course of voyage the seafarer may continue working until the ship reaches a port where a medical can be undertaken but for no longer than three months.

Exceptions (2 of 2)

A seafarer may join with an expired certificate, until next port of call where a valid certificate can be obtained :

• in urgent cases;• when recently expired (one month);

and• for a maximum of three months.

Must be authorised by MCA

Seafarer’s individual rights

• to privacy• a further examination, by an

independent medical referee where a certificate is refused or a limitation is imposed.

Checking for compliance

• What should be checked?

• What are the shipowners’ measures for ongoing compliance?

DMLC – PART IIThe following should be included for medical certification;• A statement to the effect that only medical certificates (which should

be in English) approved by the MCA (including those from other administrations, which the MCA accepts) will be accepted and no seafarer will be engaged without a valid medical certificate.

• A reference regarding who checks the individual certificates, ensuring that any restrictions are complied with and what the procedure is if either the master or owner has concerns about the medical fitness of a seafarer to undertake their duties.

• The arrangements for renewing medical certificates whilst the seafarer is on board.

TRAINING AND QUALIFICATIONS(Regulation 1.3)

• Purpose to ensure that seafarers are trained or qualified to carry out their duties on board ship.

Seafarer’s must

• Be trained or certified or

otherwise qualified to

perform their duties.

• Have successfully completed

training for personal safety

on board ship.

Checking for compliance

• What should be checked?• What are the shipowners’

measures for ongoing

compliance?

DMLC – PART II With respect to training and qualifications the declaration should

state:• That only certificated seafarers in accordance with national and

international requirements will be employed on board.• What evidence will be provided in the event of a seafarers

Certificate of Competency requiring revalidation.• That all seafarers are required to carry their certificates with them.• Who is responsible for ensuring that individual seafarers have the

correct certificates and what happens if a seafarer joins a ship without the required qualifications.

• The procedure used to instruct seafarers on board personal safety training and how this training is to be recorded.

RECRUITMENT AND PLACEMENT(Regulation 1.4. Standard A1.4. Guideline B1.4)

Purpose:Purpose:

- to ensure that seafarers have accessto an efficient and well-regulated seafarer recruitment and placement system.

• Qualified seafarers must not be prevented or deterred from gaining employment

• No fees or other charges must be borne by seafarers

RECRUITMENT AND PLACEMENT(Regulation 1.4. Standard A1.4. Guideline B1.4)

Basic requirements

• Public services must operate in an "orderly manner that protects and promotes seafarers’ employment rights.

• Private services must operate in an accordance with a standardised system of licensing, certification etc.

• All services are subject to close supervision and control.

Private services

The country must ensure that private services:

– maintain an up-to-date register;– make sure seafarers know their agreed rights and duties;– verify that seafarers hold the necessary qualifications for the

job; – have employment agreements that are in accordance with the

national requirements and any collective bargaining agreement that applies;

– make sure, as far as practicable, that the shipowner has the means to protect seafarers from being stranded in a foreign port;

– examine and respond to any complaint about their services; and

– establish a system of protection (insurance or other equivalent measure) to compensate seafarers for monetary loss resulting from the failure of the service, or the shipowner under the employment agreement, to meet their obligations.

Preparing for Inspection

• Direct engagement by the shipowner• Recruitment through a public service (in an MLC

country)• Recruitment through a private service

- in the UK

- in another country• Recruitment through a service not based in an

MLC country

DMLC PART IIThis section should include:• Information whether seafarers are directly or indirectly engaged by the shipowner.• A list of manning agencies that supply seafarers to the ship.• Confirmation that the manning agencies reside in a ratifying country. OR• If the manning agencies are based in a non ratifying country a statement to the effect

that the agency operates in accordance with MLC,2006 requirements and what evidence is available to confirm this.

• Confirmation that no fees or other charges are borne either directly or indirectly by the seafarer when gaining employment and how this is verified.

• Confirmation that the manning agencies do not operate blacklists in order to prevent seafarers gaining employment and how this is verified.

• Confirmation that as far as practicable the shipowner has the means to protect seafarers from being stranded in a foreign port together with confirmation that a system of protection is in place by way of insurance or an equivalent measure to compensate seafarers for monetary loss resulting from the failure of either the manning agencies or the shipowner to meet their obligations to the seafarers.