1. Port State Control on Maritime Labour Convention, 2006
Tokyo MOU

2. Index (1) Overview (2) Outline of MLC,2006
(3) PSC inspection regarding MLC,2006
(3-1) Initial inspection
(3-2) More detailed inspection
(3-3) Complaints
(3-4) Rectification Action Plan
(3-5) Reporting

3. (1) Overview

4. (1) Overview ILO Founded on 1919. First specialized agency of the UN
International Labour Organization ●
Founded on 1919.　First specialized agency of the UN ●
Main aim is “to promote rights at work, encourage decent employment opportunities, enhance social protection and strengthen dialogue in handling work-related issues” ●
Member states:185 countries
on 1st June 2012 ●
189 conventions, 5 protocols and 201 recommendations
on 1st June 2012
(IMO has 50 conventions and protocols) ●
Special tripartite committee
（consist of following representatives. Government２, Shipowner１,Seafarers１)

5. The forth pillar of international regulatory regime
(1) Overview
Problems in current ILO conventions
Many of the existing maritime labour Conventions were out of date and did not reflect contemporary working and living conditions
Many of the conventions are very detailed and difficult for governments to ratify all
Many of the conventions had low levels of ratification
More than 68 international labour standards are consolidated and updated
ILO adopted MLC,2006 on 23rd Feb. 2006
The forth pillar of international regulatory regime
SOLAS
“International Convention for the Safety of
Life at Sea”
IMO
MARPOL
“International Convention for the Prevention
of Pollution from Ships”
STCW
“International Convention on Standards of Training,
Certification and Watchkeeping for Seafarers “
ILO
MLC
“Maritime Labour Convention, 2006”

6. (1) Overview Current situation Problems Excellent ship
・Decent working condition
・High level of safety
Port in country A
・Bad working condition （e.g. long working hours）
・Low level of safety
Substandard ship
Port in country B
Problems
・There is unfair competition (substandard ships are low cost)
・An increase of substandard ships may cause ship’s casualty
・Modernization of shipping doesn’t progress

7. After entry into force of the convention
(1) Overview
After entry into force of the convention
Flag state inspection
PSC
Detention until rectification
non-members’ ships are also inspected
I want decent working condition.
Inspection of working condition
Substandard ship (country B)
Port in country C
If we have an appropriate certificate, PSC inspections become easier
If certificates are appropriate,
initial inspection only
Port in country A
Substandard ship (country A)
Excellent ship (country A) (Flag state inspection was already carried out)
Effect
(1)A level playing field in global standard
(2)Improvement of working condition and safe voyage
(3)Elimination of sub standard ship by Flag State inspections and PSC
(4)Improving efficiency of PSC with certificates issued in flag state
inspections

8. Maritime Labor Convention (MLC,2006)
(1) Overview
Maritime Labor Convention (MLC,2006)
Thirty countries ratified on 20th August 2012
Entry into force on 20th August 2013 (for the 30 countries)
If another country ratifies MLC 2006, it will entry into force 12 months after the country’s ratification
30 countries ratified ( )
Ratified in a country (other than the 30 countries)
Entry into force
( )
Entry into force for the country
12 months
PSC inspections start

9. (2) OUTLINE of MLC,2006

10. Article I - XVI (2) Outline of MLC,2006 - structure
Structure of the convention
Article　I - XVI
TITLE1. MINIMUM REQIREMENTS FOR SEAFARERS TO WORK ON A SHIP
TITLE2. CONDITIONS OF EMPLOYMENT
TITLE3. ACCOMMODATION, RECRATIONAL FACILITIES, FOOD AND CATERING
TITLE4. HEALTH PROTECTION, MEDICAL CARE, WELFARE AND SOCIAL SECURITY PROTECTION
TITLE5. COMPLIANCE AND ENFORCEMENT

11. (2) Outline of MLC,2006 - structure
Structure of the convention
MLC, 2006
Articles
Articles
Regulations
Part A: Standard (Mandatory)
Part B: Guideline (Not mandatory)
Regulation 1.1
Part A 1.1
Part B 1.1
Regulation 1.2
Part A 1.2
Part B 1.2
Regulation 1.3

12. Ships of Traditional build
(2) Outline of MLC,2006
MLC 2006, applies:
All seafarers who are on board a ship to which MLC 2006 applies
All ships engaged in commercial activities
MLC 2006, does NOT apply to:
Ships of Traditional build
warships
Ships engaged in not commercial activity
Fishing vessels

13. The definition of ship owner（Article II）
(2) Outline of MLC,2006
The definition of ship owner（Article II）
Ship owner（either A or B）
Ship operator, employer of seafarers
Ship owner
（A）
･Responsibility for the operation of the ship
･duties and responsibilities imposed in accordance with this Convention
Another organization or person（B）
Manager
Agent
Bareboat charterer
who has assumed the responsibility for the operation of the ship and agreed to take over the duties and responsibilities imposed in accordance with this convention
Taking over
An organization or a person who made DMLC Part II

14. Workers on shore (Not seafarer)
(2) Outline of MLC,2006
Seafarers
Workers on shore (Not seafarer)
Captain
C/O
Service crew
Pilot
Repairer
Guest entertainer
Ship owner
Operator
Management company
Seafarers
In the event of doubt
In the event of doubt as to whether any categories of persons are to be regarded as
seafarers, the question shall be determined by the competent authority in each member after consultation with the shipowners’ and seafarers’ organizations. The determination shall be communicated to the ILO.
Ships
In the event of doubt as to whether this Convention applies to a ship or particular
category of ships, the question shall be determined by the competent authority in each
Member after consultation with the shipowners’ and seafarers’ organizations
concerned. The determination shall be communicated to the ILO.

15. An exception of Night work
(2) Outline of MLC,2006 – Title 1 minimum requirements for seafarers
Minimum age（Reg.1.1）
No person below the minimum age shall be employed or engaged or work on a ship
Under the age of 16
Work on board a ship
A period of at least 9 hours including 0 AM - 5 AM
Under the age of 18
Night work
An exception of Night work
the effective training of the seafarers would be impaired
the specific nature of the duty or a recognized training programme requires that the seafarers perform duties at night and the authority determines, after consultation with the shipowners’ and seafarers’ organizations
Dangerous work

16. (2) Outline of MLC,2006 – Title 1 minimum requirements for seafarers
Medical Certificate（Reg.1.2）
Seafarers shall not work on a ship unless they are certified as medically fit to perform their duties
taking medical examination
Medical practitioner
Seafarers
Medical certificate
（STCW’s certificate is OK）
Each medical certificate shall state
・the hearing and sight are satisfactory
・color vision (when affected) is satisfactory
・medical condition fit for service at sea
able to work
certificate refused or limitation imposed
another independent
medical practitioner or medical referee.
Further examination

17. Medical Certificate（Reg.1.2）(continue)
(2) Outline of MLC,2006 – Title 1 minimum requirements for seafarers
Medical Certificate（Reg.1.2）(continue)
the period of validity of medical certificate …maximum two years（if under the age of 18, one year）
the period of validity of a certification of colour vision …maximum six years
○ In urgent cases
　the competent authority may permit a seafarer to work without a valid medical certificate until the next port of call where the seafarer can obtain a medical certificate (maximum 3 months)
○ If the period of validity of a certificate expires in the course of a voyage
　the certificate shall continue in force until the next port of call where the seafarer can obtain a medical certificate (maximum 3 months)

18. (2) Outline of MLC,2006 – Title 1 minimum requirements for seafarers
Training and qualifications（Reg.1.3）
seafarers shall be trained or qualified to carry out their duties on board ship
Certification or qualification to perform duties
Seafarers
Permitted to work
Training for personal safety on board ship
Training and certification in accordance with the mandatory instruments adopted by the IMO shall be considered as meeting the requirements

19. (2) Outline of MLC,2006 – Title 1 minimum requirements for seafarers
Recruitment and placement（Reg.1.4）
Ship owners shall use seafarer recruitment and placement services that conform to the requirements of the convention
services operating in a Member’s territory
services operating in a nonmember’s territory
The service may not comply with the convention
The services comply with the convention
recruitment
Seeking a job （Free of charge）
employment
agreement
the service that comply with the convention shall be used
Shipowners
Seafarers
Each Member require that the shipowners who use seafarer recruitment and placement services based in nonmember’s territory, ensure that those services meet the requirements of the convention.

20. (2) Outline of MLC,2006 – Title 2. conditions of employment
Seafarers’ employment agreements（Reg.2.1）
Showing clear
Condition of employment
Seafarer
Ship owner
agreement
Corrective Bargaining Agreement
(CBA)
SEA signed by both of them
Original
Original
All or part of a SEA
A copy shall be available onboard
seafarers shall be given a record of their employment onboard the ship
A copy shall be
available onboard

21. (2) Outline of MLC,2006 – Title 2. conditions of employment
Seafarers’ employment agreements（Reg.2.1）
(continue)
Particulars in SEA
the seafarer’s full name, date of birth, birthplace
the shipowner’s name and address
the place where and date when the SEA is entered into;
Capacity, Wages, Paid leave
Condition of Termination
agreement for an indefinite period
agreement for a definite period
agreement for a voyage
the health and social security protection
entitlement to repatriation
reference to the CBA
any other particulars which national law may require
Where the language of the SEA and any applicable CBA are not in English, ①a standard form of the SEA and ②the portion of the CBA that are subject to a PSC inspection shall also be available in English.
minimum notice periods for the early termination of a SEA …at least 7 days (a member determines after consultation with the shipowners’ and seafarers’ organizations)

22. (2) Outline of MLC,2006 – Title 2. conditions of employment
Wages（Reg.2.2）
Including the rate of exchange used where
payment has been made in a currency different from the one agreed to
Giving an account
(a pay slip)
Seafarer
Ship owner
Wages
paid in full
paid in currency
no greater than monthly intervals
Family
able to transmit all or part of
their earnings to their families
remittance at regular intervals to their families by bank transfers or similar means
remitted in due time and directly to the person or persons nominated by the seafarers.
Any charge for the remittance to their families shall be reasonable in amount
rate of currency exchange shall, in accordance with national laws or regulations, be at the prevailing market rate or the official published rate and not unfavourable to the seafarer

23. (2) Outline of MLC,2006 – Title 2. conditions of employment
Hours of work and hours of rest（Reg.2.3）
Maximum hours of work
　14 hours in any 24-hour period
72 hours in any 7-day period
establishes either
Member
CBA may permit exceptions
Minimum hours of rest
　10 hours in any 24-hour period
77 hours in any 7-day period.
○normal working hours’ standard for seafarers
・an eight-hour day
・one day of rest per week
base
○Hours of rest may be divided into two periods
・one of which shall be at least six hours
・interval between consecutive periods of rest shall not exceed 14 hours
Hours of rest
Hours of work
6h or more
within 14h
24h

24. Hours of work and hours of rest（Reg.2.3）(continue)
(2) Outline of MLC,2006 – Title 2. conditions of employment
Hours of work and hours of rest（Reg.2.3）(continue)
Drills shall be conducted in a manner that minimizes the disturbance of rest periods and does not induce fatigue
When a seafarer is on call, such as when a machinery space is unattended, the seafarer shall have an adequate compensatory rest period if the normal period of rest is disturbed by call-outs
a table with
the shipboard working arrangements
・schedule of service at sea and service in port
・ maximum hours of work or minimum hours of rest
records of hours of work or hours of rest
seafarers shall receive a copy of the records
Posting in a ship

25. (2) Outline of MLC,2006 – Title 2. conditions of employment
Entitlement to leave（Reg.2.4）
minimum standards
for annual leave
on the basis of a
minimum of 2.5 calendar days per month
adopt laws and regulations
Member
Prohibited
Prohibited
Considering justified absences from work as the annual leave
Any agreement to forgo the minimum annual leave with pay

26. Principles on Safe Manning
(2) Outline of MLC,2006 – Title 2. conditions of employment
Manning levels（Reg.2.7）
To ensure that seafarers work on board ships with sufficient personnel
Principles on Safe Manning
（IMO Res. A1047）
Manning levels
○ following shall be taken into account
・the principles in international instruments (especially IMO)
・the need to minimize excessive hours of work 　　⇒ sufficient rest and to limit fatigue
　　・ the requirement concerning food and catering(Reg. 3.2)
determining
approving
revising
competent authority
issuing a Minimum safe manning document or an equivalent
Employing sufficient personnel
・ to ensure that ships are operated safely, efficiently and with due regard to security
・ to comply with the standards of this Convention.
Shipowner

27. (there is a requirement of floor area)
(2) Outline of MLC,2006 – Title 3. accommodation, recreational facilities, food and catering
Accommodation and recreational facilities （Reg.3.1）
applied only to ships constructed on or after the date when this Convention comes into force for the Member
General requirements for accommodation
●head room in accommodation shall be not less than 203 cm, adequately insulated　 ●lighting and drainage shall be provided ●preventing the risk of exposure to noise and vibration, other ambient factors and chemicals
Sleeping rooms
(there is a requirement of floor area)
Master, C/E, C/O shall have
sleeping rooms, an adjoining sitting room and day room
Passenger ship,
Special Purpose Ship
Other than passenger ships
・separate sleeping rooms for men and women
・a separate berth（L198×W180cm）
・no direct openings into sleeping rooms from cargo and machinery spaces, etc.
・each room shall have a locker, desk , etc.
Other than officers … a room can be shared
(More than 4 persons are permitted in a SPS)
A single room
Mess room
sleeping rooms and mess rooms shall be lit by
natural light and artificial light
A washbasin in each sleeping room except passenger ship
apart from the sleeping rooms
as close as practicable to the galley
above the load line amidships
or aft

28. One facility for every six persons
(2) Outline of MLC,2006 – Title 3. accommodation, recreational facilities, food and catering
Accommodation and recreational facilities （Reg.3.1）(continue)
sanitary facilities
One facility for every six persons
Other facilities
Air-conditioner
Hospital accommodation
(15 or more seafarers
a voyage of more than 3 days)
A space on open deck to which the seafarers can have access when off duty
common ship’s office
Heater
Ventilator

29. (2) Outline of MLC,2006 – Title 3
(2) Outline of MLC,2006 – Title 3. accommodation, recreational facilities, food and catering
Food and catering（Reg.3.2）
shall be suitable in respect of quantity, nutritional value, quality and variety having regard to
● number of seafarers 　　● religious requirements and cultural practices 　　● duration and nature of the voyage
設備の一般要件
●居住設備の天井高203cm以上、適切に防熱　●照明及び排水設備を設ける
●騒音及び振動、その他環境の要素、化学物質からの危険の防止
catering department
Seafarers
trained and qualified
(18 years old or more)
free of charge during the
period of engagement.
ships’ cooks
varied and nutritious meals
prepared and served in hygienic conditions
【ships not required to have ship’s cook】 anyone processing food in the galley shall be trained or instructed
※ food and personal hygiene as well as handling and storage of food
frequent documented inspections be carried out on board ships, by or under the authority of the master 　・supplies of food and drinking water
　・ all spaces and equipment used for the storage and handling of food and drinking water
　・ galley and other equipment for the preparation and service of meals

30. Health protection and medical care
(2) Outline of MLC,2006 – Title 4 Health protection, medical care, welfare and social security
Medical care on board ship and ashore （Reg.4.1）
a standard medical report form （ for use by the ships’ masters and relevant onshore and on-board medical personnel ）
medical advice
(available 24 hours)
a medicine chest
all ships shall carry
a medical equipment
the right to visit a qualified medical doctor in ports of call
A medical guide
Health protection and medical care
Medical care comparable generally available to workers ashore
Free
including measures of a
preventive character (health promotion , etc.)
Medical doctor （100 or more persons, ships engaged on international voyages of more than three days’ duration ）
seafarer in charge of medical care or administering medicine or medical first aid (ships which do not carry a medical doctor）
Either 1 seafarer

31. National laws and regulations
(2) Outline of MLC,2006 – Title 4 Health protection, medical care, welfare and social security
Health and safety protection and accident prevention (Reg.4.3)
・ Each Member develop national guidelines after consultation with representative shipowners’ and seafarers’ organizations
・ Each Member shall adopt laws and regulations regarding safety and health protection
権限ある機関
National laws and regulations
Keep, analyse, and publish
adoption and effective implementation and promotion of occupational safety and health policies and programmes
information
concerning
particular
hazards
Reporting
accidents
and
diseases
precautions to prevent occupational accidents (harmful levels of ambient factors and chemicals)
refer
comprehensive statistics of accidents and diseases
on-board programmes
prevention of occupational accidents continuous improvement in occupational safety and health protection
Ship owner, Seafarers, and others concerned
comply
inspecting, reporting and correcting unsafe conditions
investigating and reporting on-board occupational accidents
establishing a ship’s safety committee

32. (2) Outline of MLC,2006 – Title 5 Compliance and enforcement
On-board complaint procedures
Competent authority
Ship owner
No victimization of seafarers for lodging complaints
a copy of the on-board complaint procedures
Developing an on-board complaint procedures
Master
complaint
Breach of the requirement!
Complaint
Seafarers

33. List of maters inspected and approved to issue MLC
(2) Outline of MLC,2006 – Title 5 Compliance and enforcement
Flag state inspection
1. Minimum age
2. Medical certification
3. Qualifications of seafarers
4. SEA
5. Use of recruitment and placement service
6. Hours of work or rest
7. Manning levels
8. Accommodation
9. On-board recreational facilities
10. Food and catering
11. Health and safety and accident prevention
12. On-board medical care
13. On-board complaint procedures
14. Payment of wages
intermediate inspection
(between 2nd and ３rd
anniversary)
List of maters inspected and approved to issue MLC
14 areas meet requirement
⇒certificates are issued
Ships which MLC,2006 applies
International voyage
（500GT or over）
MLC
DMLC
Regular
Inspections
(every 5 years) （Reg ）
Inspection(no case exceed 3 years)
empower to carry
out inspections （Reg ）
to board a ship
examination, test or inquiry
require that a deficiency is remedied
prohibit a ship from leaving port
empowering
PSC inspection
A foreign ship in the port of a Member
Checking documents
・MLC
・DMLC
No deficiency
Ship can sail
Deficiency is found
Other than following
・Documents are not produced
・serious breach of requirement
・hazard to seafarers
・complaint
More detailed inspection
detain
a)Clearly hazardous
b)Serious or repeated breach

34. (2) Outline of MLC,2006 – Title 5 Compliance and enforcement
The image of Declaration of Maritime Labor Compliance part II
(DMLC PartⅡ）
the records to be taken should be indicated (Guideline B)
Draw up measures
to ensure ongoing compliance
Carry out the measures drawn up
Regular
Inspections
Regular
Inspections
Continuous improvement
Improve the measures to
rectify non-compliance
Verify the ongoing compliance
the persons
responsible for verification should be indicated
(Guideline B)
the procedures to be followed where non-compliance is noted
(Guideline B)
These are written on DMLC part II and submitted to competent authority before inspection

35. (3) PSC INSPECTION regarding MLC,2006

36. (3) PSC inspection regarding MLC,2006
(Characteristic of PSC inspection of MLC,2006)
Certificates
Posted documents
Facilities
Certificates(Maritime Labor Certificates, etc.)
Posted documents (Shipboard working arrangements table)
Facilities (Accommodation, Sanitary)

37. (3) PSC inspection regarding MLC,2006
(Initial inspection and more detailed inspection)
Initial inspection
A PSCO checks Certificates
If the PSCO finds clear grounds during an inspection tour
The PSCO may carry out more detailed inspection
Similar manner to SOLAS, STCW, etc.

38. 14 areas checked in more detailed inspection
(3) PSC inspection regarding MLC,2006
14 areas checked in more detailed inspection
Minimum age of seafarers
Medical certification of seafarers
Qualifications of seafarers
Seafarers’ employment agreements (SEA)
Use of any licensed or certified or regulated private recruitment and placement service for seafarers
Hours of work or rest
Manning levels for the ship
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

39. (3-1) Initial inspection

40. (3-1) Initial inspection
Certificates (Ships 500GT or more)
MLC
DMLC
DMLC part I (issued by a flag state)
DMLC part II (written by a ship owner)
Interim MLC →DMLC need not be issued
MLC
DMLC
Part I
DMLC
Part II or
Interim
MLC
No DMLC

41. 30 countries ratified MLC,2006
(3-1) Initial inspection
Resolution XVII (International Labour Conference 94th session) “Resolution concerning the practical implementation of the issue of certificates on entry into force “
Flag states and RO have insufficient number of inspectors
It will not be possible to certify all ships before entry into force
Requests further that, during a period of one year following the initial entry into force of the Convention, Members (both flag and port States) give due consideration to allowing ships to continue to operate without the certificate and declaration
MLC,2006
Entry into force
30 countries ratified MLC,2006
Certification for bulk carriers
and passenger ships
Requested to give due consideration to
allowing ships to operate without certificate

42. (3-1) Initial inspection
MLC (Maritime Labour cetificate)
MLC
valid for 5 years
Date of issue
Date of expiry
Signature
Endorsement of intermediate survey

43. (3-1) Initial inspection
DMLC (Declaration of Maritime Labor Compliance)
DMLC part I (issued by a flag state)
DMLC part I includes
Flag’s national requirements
Substantial equivalencies
Exemptions
(MLC certifies the ship’s compliance and DMLC is attached document of MLC)
Country A
Country A

44. (3-1) Initial inspection
DMLC
DMLC part I
Flag’s national requirements in the 14 areas
Signature and stamp of a flag state

45. (3-1) Initial inspection
DMLC part II (written by a ship owner)
Shipowner’s measures in the 14 areas for ensuring ongoing compliance

46. (3-1) Initial inspection
Check points on the certificates
Certificates are issued by Flag state or RO?
MLC is not expired?
Original certificates are onboard?
Is there a signature or stamp of flag state or RO?
A copy is posted in a conspicuous place on board?
MLC
valid until xx.xx.2013

47. (3-1) Initial inspection
Ships under 500GT
Checking
Inspection report issued by Flag state
If a PSCO finds the ship clearly do not conform to the requirements or a complaint is alleged, the PSCO may carry out an inspection regarding the matter.
Country A
Inspection report …. ….

48. (3-1) Initial inspection
Ships of non-party
No more favourable treatment
Checking
Inspection report or
Statement of compliance issued by RO
If both of certificates are not produced, PSCO may carry out more detailed inspection regarding 14 areas

49. (3-2)More detailed inspection

50. (3-2) More detailed inspection
A more detailed inspection may be carried out when
documents do not comply with　MLC,2006
working and living conditions do not conform
the ship has changed flag for avoiding compliance
there is complaint alleging that working and living conditions do not conform
Country B
Country A
Breach of the requirement!

51. (3-2) More detailed inspection
A more detailed inspection may be carried out when
on shore complaint, which falls within the PSC activities, and a more detailed inspection is judged as necessary. or
previously reported deficiencies have not been rectified or completed or
the ship flies the flag of a State that has not ratified the MLC, 2006.
Form B
SEA
-missing
Lighting
-damaged
Non member

52. (3-2) More detailed inspection
A more detailed inspection shall in any case be carried out, where
the working and living conditions believed or alleged to be defective could constitute a clear hazard to the safety, health or security of seafarers, or
the PSCO has grounds to believe that any deficiencies constitute a serious breach of the requirements of the MLC, 2006 (including seafarer’s rights)

53. (3-2) More detailed inspection
However,
More detailed inspection need not be carried out due to absence of MLC and DMLC until (ref. Resolution XVII)
MLC,2006
Entry into force
30 countries ratified MLC,2006
One year

54. (3-2) More detailed inspection
Opportunity to check 14 areas
(1) during PSCO checks certificates
Minimum age (from crew list)
Medical certificates, etc.
STCW requirement, Manning levels(from MSMD)
(2) during inspection tour
Working hours: shipboard working arrangements table
Foods and catering (with inspection of the fire insulation on galley)
Visual inspection of Accommodation area, galley, and mess room regarding hygiene condition

55. (3-2) More detailed inspection
Check Points in 14 areas
　What is the basic requirements？
Refer as well “List of example deficiencies in the 14 areas” (Annex 3 of the guideline)

56. (3-2) More detailed inspection
Check Points in 14 areas　No.1
　What is the basic requirements？
(1) Minimum age: No under-age persons work
Seafarers below 16 years old (MLC,2006 Reg.1.1.2)
(2) Medical certificates: validity
Maximum two years for seafarers18 years or older
Maximum one year for seafarers below18 years old

57. (3-2) More detailed inspection
Check Points in 14 areas　No.2
　What is the basic requirements？
(3)Training and qualifications:
as before
(4)Seafarers’ Employment Agreement
Is there the copy of SEA signed by the seafarer and the ship owner onboard? An original SEA is not required onboard.
Seafarer is given the record of employment?

58. (3-2) More detailed inspection
Check Points in 14 areas　No.3
　What is the basic requirements？
(5) Recruitment and placement
Check documents onboard. (e.g. “license or certificate that the service meets the requirement of MLC,2006 issued by RO”)
It’s not mandatory to have the license onboard but It can be documentary evidence to show compliance of MLC,2006,

59. (3-2) More detailed inspection
Check Points in 14 areas　No.4
　What is the basic requirements？
(6) Hours of work
Is there a table with the shipboard working arrangements?
Maximum hours and minimum hours of rest are satisfied?
Shipboard working arrangements table, record of working hours and watch keeping table can be compared each other (These matters are possible to be the theme of CIC 2014)

60. (3-2) More detailed inspection
Check Points in 14 areas　No.5
　What is the basic requirements？
(7)Manning levels
as before
(8) Accommodation and (9) recreational facilities
applied to ships keel laid on or after the date of entry into force
Separate sleeping rooms and toilets for men and women
Presence or absence of Ventilation, Heating, laundry facilities
Inspection record of accommodation

61. (3-2) More detailed inspection
Check Points in 14 areas　No.6
　What is the basic requirements？
(10) Food and catering
Sufficient amount and nutrients vary. Is there extreme shortage or rottenness of foods?
Ship’s cook is 18 years or older?

62. (3-2) More detailed inspection
Check Points in 14 areas　No.7
　What is the basic requirements？
(11) Health and safety protection and accident prevention
e.g. whether “Safety Management Manual” includes the procedure of health protection , accident prevention

63. (3-2) More detailed inspection
Check Points in 14 areas　No.8
　What is the basic requirements？
(12)On-board medical care
Is there a medical chest, medical equipment, and medical guide?
Seafarer in charge of first-aid was designated?
Is there a medical report form?

64. (3-2) More detailed inspection
Check Points in 14 areas　No.9
　What is the basic requirements？
(13)On-board complaint procedures
Is there a copy of on-board complaint procedure applicable on the ship?
(14)Payment of wages
Wages are paid monthly?
checking the copy of a pay slip (However, it’s not mandatory to keep it onboard)

65. (3-2) More detailed inspection
When you find a matter that seems to be deficiency,
1) Take photos and notes Interview a crew (in a cabin, etc.)
2) Check a DMLC when writing Form A and B (Verify National requirement)
3) Interview captain and confirm
If there is a clear evidence, PSCO may consider detention
Require a RAP

66. (3-2) More detailed inspection
List of example deficiencies warranting detention (Annex 4 of the guideline)

67. (3-3) Complaints

68. Flow chart “On-shore complaint” (Annex 8)
(3-3)Complaints
Flow chart “On-shore complaint” (Annex 8)

69. The regulation of complaints in MLC, 2006
(1) On-board complaint procedure(A5.1.5)
Complaints are firstly handled in the onboard complaint procedure
(2) Complaints that are made as part of the PSC inspection procedure(A5.2.1 para. 1(d))
Seafarers, professional organizations, association, trade union, and any person with an interest in the safety of the ship can submit the complaints
(3) Onshore complaint (A5.2.2)
Complaints from seafarers in a port state

70. Outline of Flow chart (3-3)Complaints Step 1 Onshore complaint
procedure
A5.2.2
Step 2
Complaints as part of the PSC inspection
A5.2.1
Step 3

71. (3-3)Complaints
Step 1
Determining whether the complaint should be handled under PSC procedure
complaints fall outside the14 areas should not be handled under PSC procedure under this Guidelines
PSCO decide whether or not to carry out a more detailed inspection
Step 1

72. 2. Is it non compliance of MLC, 2006?
(3-3)Complaints
1. Interview carefully (Who, What, When, Where, Why, How, +How many, How much, How long)
2. Is it non compliance of MLC, 2006?
Wages stated in SEA was not paid →should be handled
Wages stated in SEA is too cheap →should not be handled
The complaint falls inside the 14 areas?

73. Step 2 – Inspection process
(3-3)Complaints
Step 2 – Inspection process
Ascertain whether on-board complaint procedure has been used.
PSCO should seek to promote a resolution of the complaint at the ship board level.
The master, the shipowner and any person involved shall be permitted to express their view
If the complaint cannot be resolved at shipboard level, the flag state should be notified and requested within a prescribed deadline to provide advice and a corrective plan of action
Complaint as a part of PSC inspection A5.2.1
Step 2

74. (3-3)Complaints
PSC
3. “Did you use on-board complaint procedure? “ “No, I didn’t. I’ll try to use the procedure.” 4. “The complaint was not solved through onboard complaint procedure. Captain does not listen to me.”
End or

75. 5. “Is there a documentary evidence for noncompliance with MLC, 2006?”
(3-3)Complaints
PSC
5. “Is there a documentary evidence for noncompliance with MLC, 2006?”
“Is it all right to ask other crew regarding this matter?”
“I’ll ask captain and confirm your complaint but I’ll not tell who made the complaint.”
6. Record these information (1.～5.) (If the crew agrees, the copy of documentary evidence should be taken.)

76. 7. Check the DMLC (flag’s national requirement)
(3-3)Complaints
7. Check the DMLC (flag’s national requirement)
8. ”Captain, I got information that the actual work hours are different from the record and exceed the limitation.”
Check the watch schedule, record, and difference from complaints
PSC

77. ATC 17 or 30 (DETAIN) (If it’s repeated breach, ATC may be 30)
(3-3)Complaints
9. “We actually couldn’t increase the personnel because of our company’s order. Watch schedule is sometime not 0-4, 4-8, 8-0 but 0-6,6-0…”
ATC 17 or 30 (DETAIN) (If it’s repeated breach, ATC may be 30)
RAP should be required
(to revise the watch table or records of hours of work)

78. (3-3)Complaints
10. “We comply with the convention. Is there an evidence of non conformity?”
If PSCO carried out more detailed inspection and didn’t find the evidence, the inspection is finished. “We’ll inform this complaint to the flag state.”
PSC

79. Step 3 – Dealing with an unresolved complaint
(3-3)Complaints
Step 3 – Dealing with an unresolved complaint
If the flag State advises that it will resolve the matter and will provide a corrective plan of action within a prescribed deadline decided by PSCO, the PSCO will not have any further involvement.
If the complaint is not resolved by the flag State within the prescribed deadline, then the port State shall  transmit the inspection result to the ILO with a format of annex 5 and inform the appropriate ship-owners and seafarers organizations in the port State (Standard A paragraph 6).
Step 3

80. (3-4)Rectification action plan (RAP)

81. (3-4) Rectification action plan(RAP)
RAP is an action plan to rectify a detainable deficiency
If PSCO accept the RAP, the ship may be released.
It is the joint responsibility of the shipowner and the master to propose and implement a RAP
The RAP should specify
the action required
Agreed time frame acceptable to all parties, within which period the prescribed items will be rectified
The RAP should be submitted to the flag state or RO before the RAP is proposed to the PSCO.

82. (3-4) Rectification action plan(RAP)
(1) Clear evidence of deficiency was found
(2) Write Form A and B
(3) Require a RAP
If the deficiency is rectified before departure, RAP is not required.

83. (3-4) Rectification action plan(RAP)
When deciding whether or not to accept a RAP the following elements should be considered:
the length and nature of the intended voyage or service;
the nature of the hazard to seafarers’ safety, health or security;
the seriousness of the breach of the requirements of the MLC, 2006 (including seafarers’ rights);
any previous history of deficiencies or repeated deficiencies;
whether or not the appropriate work or rest periods for seafarers are being observed;
the safe manning requirements of the flag State;
the number and nature of deficiencies found during the particular inspection.

84. (3-5) REPORTING

85. Reporting matrix in the guideline
Appropriate Shipowners’ and Seafarers’ organization in the port State.
Director General of the ILO
Flag State
PSC authority of next port
Report forms
Significant deficiency* or deficiency in connection with Complaint
Must be informed
May be informed if any reply from flag State
May be informed
May be informed according port State Procedure
Using report annex 5
On shore complaint not resolved
Ship detained due to MLC, 2006 deficiency
Informed by APCIS
Using notice of detention (See Section 2-4 of Tokyo MOU Manual)
RAP has been agreed.
Must be Informed
Using notice of release (See section 2-5 of Tokyo MOU Manual)

86. At the end,

87. PSC is “a right” in the MLC ,2006 same as the other conventions
At the end,
PSC is “a right” in the MLC ,2006 same as the other conventions
“may be the subject of inspection”
“more detailed inspection may be carried out”
As part of a PSC inspection, we can start inspections of MLC, 2006 regarding the matters that standard is clear and/or the matters that can be inspected in a short time