Transcript MLC 2006 Inspector Course - Bergen Maritime Personalforum

The MLC is COMING – are you READY FOR IT?
DNV MLC 2006 Road Show 2010
Georg Smefjell
07/07/2015
Why act now on the MLC 2006
Giles Heimann, Secretary General of the
International Maritime Employers' Committee
who in January 2010 said:
"An issue that seems to have taken on a slightly
secondary role at a time when shipping is already
facing phenomenal challenges, the MLC mandation
has been compared to a ‘train speeding down the
track towards us’, and that if the industry does not act
right now, there will be major consequences…
The MLC is without doubt one of the most significant
pieces of maritime labour legislation to hit the industry
for as long as we can remember. Implementation is
rapidly approaching, and I honestly believe we will be
looking at implementation of the MLC during 2011.
“Both for ship owners and managers, there are major
consequences for the MLC being implemented, and
there are requirements that they’ll need to have in
place…"
23.08.2010
© Det Norske Veritas AS. All rights reserved.
2
The challenges of MLC 2006
1. Knowing the requirements of the Convention
2. Developing effective measures/procedures for
ongoing compliance (Cf. The Declaration of
Maritime Labour Compliance)
3. Implementing the measures/procedures on board
4. Time is running out, but it may still be a friend
when it comes to finding effective solutions
5. The longer we wait time will be an enemy in
finding effective solutions
We recommend customers start as soon as
possible with training for key personnel and a
Gap Analysis on existing procedures vs. the
Maritime Labour Convention in order to
understand and handle challenges
23.08.2010
© Det Norske Veritas AS. All rights reserved.
3
ILO:
With the 10 ratifying
countries, 20.000 ships
need a certificate.
About 40.000 ships need
certificate upon entry
into force
You can impact solutions
Documents
Responsible
MLC 2006
Governments, Shipowner and Seafarer org.
Ratification
Government
DMLC Part I
Government
(National laws and regulations)
DMLC Part II
Shipowner
(Company’s procedures)
Maritime Labour
Certificate (MLC)
Shipowner & Master
Inspections &
Certification
Flag or RO
23.08.2010
© Det Norske Veritas AS. All rights reserved.
4
MLC information
Background, status, scope, requirements, challenges and solutions
07/07/2015
Background
The Maritime Labour Convention (MLC
2006) was adopted by ILO in February 2006
 Tripartite consultation (from 2001)
 DNV participation from 2004
 DNV Staff (recruited after adoption) in key
positions in ILO for the development of the
MLC (from 2001 through 2006)
 ILC 2006 participation from 106 Countries
GOVERNMENT
 318 delegates
ILO
 No votes against and only 4 abstentions
23.08.2010
© Det Norske Veritas AS. All rights reserved.
6
EMPLOYER
EMPLOYEE
Slide 6
The Maritime Labour Convention 2006
Safety at sea and for seafarers
SOLAS
STCW
MARPOL
MLC 2006
MLC 2006 as the 4th pillar in the international maritime regulation
23.08.2010
© Det Norske Veritas AS. All rights reserved.
7
MLC 2006 the rationale behind it
1. Updating and consolidating existing ILO
Maritime Conventions
2. Recruit, develop, retain and motivate qualified
workers in the maritime industry
3. Preventing poor working and living conditions
being an advantage
4. Creating a level playing field
“MLC 2006 provides comprehensive rights
and protection at work for the world's more
than 1.2 million seafarers”.
http://www.ilo.org/public/english/standards/norm/mlc2006/
23.08.2010
© Det Norske Veritas AS. All rights reserved.
8
Entry into Force & Status
Entry into force one year after
ratification by at least:
 30 ILO member states, and
 33 % of world tonnage
Status today
• ILO work and coordination
• PMoU requirements for PSC
23.08.2010
© Det Norske Veritas AS. All rights reserved.
9
MLC Status

Ratifications:

Liberia

Marshall Islands

Bahamas

Panama

Norway

Bosnia and Herzegovina

Spain

Croatia

Bulgaria

Canada

Saint Vincent & the
Grenadinens
 EU coordination &
work
 ILO: 24 non-EU
countries able to ratify
by 26th February 2011
Estimated
entry into
force 2012
23.08.2010
© Det Norske Veritas AS. All rights reserved.
10
MLC 2006 implementation process
2006
End
2010
End 2011
?
Feb. 2006
After 1 year
MLC 2006
adopted
End
2012 ?
MLC 2006
11 countries ratified,
enter into
with more than 33%
force
of the world tonnage
Per ??
30 countries ratified,
with more than 33%
of the world tonnage
Ships
500 GT and above
from “MLC
countries” or trading
in “MLC ports” need
MLC and DMLC
23.08.2010
© Det Norske Veritas AS. All rights reserved.
11
Scope
The Convention applies to all
 Ships
whether publicly or privately owned,
ordinarily engaged in commercial
activities,
except …



ships engaged in fishing or in similar pursuits
ships of traditional build such as dhows and junks
warships or naval auxiliaries
“Ship” means a ship other than one which
navigates exclusively in inland waters or waters
within, or closely adjacent to, sheltered waters
or areas where port regulations apply
23.08.2010
© Det Norske Veritas AS. All rights reserved.
12
No tonnage threshold, but the
Flag may, after consultation,
decide that at the present time
certain details of the Code
shall not apply to ships of less
than 200 gross tons in
domestic trade
New certification requirement for:
Ships in commercial activities of
a) 500 gross tonnage or over, engaged in
international voyages
and
b) 500 gross tonnage or over, flying the flag of a
country and operating from a port, or between
ports, in another country
Shipowners operating other ships have the right to
request certification
All ships within the scope of the Convention, not covered by the certification
requirement, need to be inspected at least every third year
23.08.2010
© Det Norske Veritas AS. All rights reserved.
13
Scope
The Convention applies to all
 Seafarers
“Seafarer” means any person who is employed or engaged or
works in any capacity on board a ship to which the Convention applies
(Cf also the Resolution no 7 concerning information on occupational groups)
23.08.2010
© Det Norske Veritas AS. All rights reserved.
14
Scope
Role of the Competent Authority
In the event of doubt as to whether:
 any categories of persons are to be regarded as seafarers
 the Convention applies to a ship or particular category of ships
the question shall be determined by the competent authority in the Flag State after
consultation with the shipowners’ and seafarers’ organizations concerned
23.08.2010
© Det Norske Veritas AS. All rights reserved.
15
MLC Scope
Responsibility
 Shipowner
means the owner of the ship or
another organization or person,
such as the manager, agent or
bareboat charterer,
who has assumed the responsibility
for the operation of the ship from the
owner and
who, on assuming such responsibility,
has agreed to take over the duties
and responsibilities imposed on
shipowners
23.08.2010
© Det Norske Veritas AS. All rights reserved.
16
MLC 2006 – Content
1. Minimum requirements
for seafarers to work on a ship
 Minimum age
 Medical certificate
 Training and
qualifications
 Recruitment and
placement
23.08.2010
© Det Norske Veritas AS. All rights reserved.
17
MLC 2006 – Content
2. Conditions of employment
 Seafarers’ employment agreements
 Wages [no minimum wage set
in the Convention]
 Hours of work and hours of rest
 Entitlement to leave
 Repatriation
 Seafarer compensation for
the ship’s loss or foundering
 Manning levels
 Career and skill development and
opportunities for seafarers’ employment
23.08.2010
© Det Norske Veritas AS. All rights reserved.
07 July 2015
18
MLC 2006 – Content
3. Accommodation, recreational facilities,
food and catering
 Accommodation and
recreational facilities
 Food and catering
23.08.2010
© Det Norske Veritas AS. All rights reserved.
07 July 2015
19
MLC 2006 – Content
4. Health protection, medical care,
welfare and social security protection
 Medical care on board ship
and ashore
 Shipowners’ liability
 Health and safety protection
and accident prevention
 Access to shore-based
welfare facilities
 Social security
23.08.2010
© Det Norske Veritas AS. All rights reserved.
20
Slide 20
Certification
The working and living conditions that must be inspected
and approved before certifying a ship :
1. Minimum age
2. Medical certification
3. Qualifications of seafarers
4. Use of any licensed or certified or regulated private recruitment and
placement service
5. Hours of work or rest
6. Manning levels for the ship
Requirements related to ship construction and
equipment apply only to ships constructed
7. Accommodation
8. On-board recreational facilities
on or after the date MLC 2006 comes into force.
9. Food and catering
Construction date = when its keel is laid
10. Health and safety and accident prevention
11. On-board medical care
12. On-board complaint procedures
13. Payment of wages
14. Seafarers’ employment agreements (with more requirements)
23.08.2010
© Det Norske Veritas AS. All rights reserved.
21
Declaration of Maritime Labour Compliance (DMLC)
One document with Two parts:
DMLC Part I, drawn up by the competent authority in the Flag
State, shall:
1.
list matters to be inspected
2.
identify the national requirements, with a reference to the
relevant national legal provisions
3.
refer to ship-type specific requirements
4.
record any substantially equivalent provisions adopted and
5.
clearly indicate any exemption granted
23.08.2010
© Det Norske Veritas AS. All rights reserved.
22
Declaration of Maritime Labour Compliance (DMLC)
The DMLC Part II, drawn up by the shipowner,
shall Identify:
•
the measures adopted to ensure
ongoing compliance with the
national requirements between
inspections
• the measures proposed to ensure that
there is continuous improvement.
23.08.2010
© Det Norske Veritas AS. All rights reserved.
23
Declaration of Maritime Labour Compliance (DMLC)
The DMLC Part II, drawn up by the shipowner,
shall Identify:
•
•
•
•
Target/describe requirement
What to do
Who is to do it
When to do it
In order to ensure ongoing compliance
23.08.2010
© Det Norske Veritas AS. All rights reserved.
24
Areas where we so far have seen special Challenges

DMLC Part I not being available

Establishing, implementing and follow up on procedures (to cover requirements for MLC and DMLC) Identifying existing, needs for updating, revising and new procedures

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

Training requirements

Hours of work or rest for all seafarers (including masters)

Health Certificates (issuance by a duly qualified medical practitioner)

Applicability for Cruise ships

Applicability for Special Purpose Ships

Applicability for MODUs

Applicability for Yachts
23.08.2010
© Det Norske Veritas AS. All rights reserved.
25
Areas where we so far have seen special Challenges

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

Safety and health policies (including for risk evaluation)

Handling complaints

Document payment of wages

Shipowners’ liability

Documentation logistics

Port State Control (“No more favorable treatment”)

There may well be other challenges for you and we recommend you identify challenges and seek solutions ASAP!
23.08.2010
© Det Norske Veritas AS. All rights reserved.
26
Summing up
MLC is coming our way
07/07/2015
MLC 2006 – Summary
 Entry into force expected in 2012
 Upon entry into force all ships coming within the scope of the Convention will have to be
inspected and ships 500 tons and above in international trade have to be certified
 Shipowners must have developed and implemented measures for ongoing compliance in
advance of ships being certified
 Ships from non ratifying states will be met by the ”No more favorable treatment” clause
when entering port of a ratifying state (that is they risk a full inspection against
Convention requirements”
 We recommend customers to start work now – at least to identify scope of work to be
done and time needed to do it
 For further information contact your local DNV Office or [email protected]
23.08.2010
© Det Norske Veritas AS. All rights reserved.
28
23.08.2010
© Det Norske Veritas AS. All rights reserved.
29