MARITIME LABOUR CONVENTION MLC, 2006

Name: MARITIME LABOUR CONVENTION MLC, 2006
Uploaded: 2017-07-08T15:15:39+00:00
Duration: PTM31S16
Channel: Kerry Adams
Description: MARITIME LABOUR CONVENTION MLC, 2006

MARITIME LABOUR CONVENTION MLC, 2006
BV procedures for qualification of MLC inspectors and ship inspection

BV Procedure for qualification of MLC Inspectors (PNS 009)

Qualification of MLC Inspectors
Definitions MLC Inspector A person performing verification of compliance with the requirements of the MLC, 2006 and/or undertaking review and approval of the DMLCII and working exclusively for Bureau Veritas MLC Lead Inspector A MLC Inspector in charge of a team of MLC Inspectors Is responsible of preparation of the inspection plan to be sent timely to the Ship Owner Responsible of the reporting

Definitions MLC Inspection unit A Unit where an inspector is available and responsible for implementation of MLC services (normally same as ISM units) Crew & System Unit Location of the CSOM of the ship. Follow-up of ship’s status Connecting District In charge of the contract. Often it is the office nearest the client.

Work experience To be accredited as a MLC Inspector, the trainee shall: Be a BV exclusive employee and Be a BV Surveyor or Auditor as per the BV procedures; or Be an experienced certificated Ship Master on ships of 3000GT or more and employed by Bureau Veritas as a MLC Inspector; and Have successfully achieved theoretical and practical training

Theoretical training The theoretical training covers: The knowledge and understanding of the international regulation and standard The BV procedure for ship’s inspection and certification It is validated by an exam (minimum score 70%) In case of failure, one re-examination is permitted within 12 months

Practical training Following the completion of the training modules, trainees shall undertake the following: [one (1)] inspection (initial, renewal or intermediate) under direct supervision of a MLC Inspector [one (1)] review of the DMLC part II under direct supervision of a MLC Inspector Note: MLC Inspectors qualified as ISM and ISPS auditors are exempted from on-board inspection part of Practical training but review of DMLC part II is still required

BV Procedure for MLC inspections (TNS 060/061)

BV procedure for MLC Inspection
Organization DNS_MLD MO CM CD/C&S Unit CSOM/Inspectors

Inspection flow chart Contract review Nomination of the inspection team Plan of inspection Inspection preparation On board inspection Regularisation of documents Reporting Follow-up

Contract review All MLC Inspection Services must be subject to Contract before they are delivered Contracts are handled by the CD, considering: a) MLC services against Class policy, b) Fleet characteristics, c) Ship/Company history. The contract must be agreed by the MO/CM

Nomination of the inspection team The need to appoint a Lead Inspector or an Inspector will depend upon the complexity of the onboard inspection and the time available to perform it. (A Lead Inspector must be appointed if more than one Inspector is required to make the Inspection) The Lead Inspector ensures that the team has all the training and experience requirements to cover the Inspection.

Plan of inspection The Lead Inspector (or Inspector) shall produce an inspection plan . This will include fixing the dates, location and schedule for the inspection. In case of modular inspection, the inspection module and scope The scope of the Inspection

Inspection preparation On receipt of a request for MLC inspection the Inspector ensures the following prior to attendance onboard: That an agreement exists between Bureau Veritas and the Flag Authority of the vessel . The Flag State has satisfactorily issued the DMLC Part I for the ship in question The ship-owner has satisfactorily completed his DMLC Part II specific for the ship The Inspector reviews the national requirements as indicated in DMLC part I and the relevant TNS The Inspector reviews the ship’s status The Inspector reviews the previous inspection report

DMLC part II The DMLC part II Is drawn up by the shipowner Identifies the measures adopted to ensure on-going compliance with the national requirement summarized in DMLC part I Review of the DMLC part II By a qualified MLC inspector Before starting the inspection Ashore (qualified inspector) (can be done on board by attending inspector-if time allows) Approval of the DMLC part II Endorsement on completion of satisfactory initial MLC inspection

DMLC part II Is dedicated to each ship Is linked to DMLC part I Is written in the working language of the ship. translation into English shall be included where working language is not English (Std. A5.1.3 – 12) Drafted in clear terms May take a number of forms reference to other more comprehensive documentation SMS (ISM Code)

DMLC part II The measures identified by the shipowner shall: identify the measures adopted to ensure ongoing compliance cover the 14 items of MLC, 2006 appendix A5-1 as applicable through DMLC part 1 indicate the occasions on which ongoing compliance with particular national requirements will be verified, the persons responsible for verification, the records to be taken, the procedures to be followed where non-compliance is noted.

Review of the DMLC part II A formal review of the DMLC part II is required Before initial inspection During subsequent inspection in case of modifications / amendments of the measures implemented by the shipowner. Using a dedicated check list

Review of the DMLC part II The review of the DMLC part II is performed ashore by the MLC unit Before the inspection takes place By a qualified MLC Inspector of the C&S Unit The review of the DMLC part II can be performed on board before the inspection starts On completion of a satisfactory review, the MLC Unit Issues a letter of satisfactory review of a DMLC part II Makes it available to the attending Inspector

Review of the DMLC part II If the review reveals that the provisions are not adequate, the inspection must be delayed the shipowner must be notified in writing shortcomings must be corrected before the final approval No MLC certificate can be issued as long as the DMLC part II is not approved

Approval of the DMLC part II The approval takes place on completion of satisfactory initial MLC inspection, once the Inspector is satisfied that: DMLC Part I is available on board Measures identified by the shipowner in DMLC part II comply with the requirement in DMLC Part I Measures to ensure ongoing compliance with the requirement of the MLC are implemented on board The seafarer’s working and living condition are complying with the Flag requirement The DMLC part II is endorsed by the inspector in charge of the Initial inspection

ASMS job DMLC : Review of the DMLC part II Reasons for DMLC review First Review DMLC Amendments Existing ships(*) Change of Ship's name New ship on delivery Change of Shipowner's name/address Change of Shipowner Change of flag's & shipowner's requirements Change of RO Change of shipowner's requirements Change of Flag Reactivation after lay-up (*) First certification of existing ships (Initial Inspection required - SOC issued or MLC pre-conventional MLC (according to Flag instruction)

On board inspection Interim inspection to new ships on delivery; when a ship changes flag; or when a shipowner assumes responsibility for the operation of a ship which is new to that shipowner The interim certificate may only be issued if : The ship has been, inspected as far as reasonable and practicable. The owner has demonstrated that the ship has adequate procedures to comply with the convention. The Master is familiar with the requirements of the convention and responsibilities for implementation and , Relevant information has been submitted to the competent authority or RO to produce a Declaration of Maritime Labour Compliance (DMLC). the Master and Senior Officers are familiar with the MLC Convention and the planned arrangements for its implementation ; plans exist for full inspection of the ship within the validity of the Interim MLC Certificate; the relevant information on the MLC is given in a working language or languages understood by the seafarer’s.

ASMS job MLCT: Interim inspection requested before the initial inspection Reason(s) for Interim inspection (*) depends of lay-up duration and flag duration Further to a satisfactory inspection, an Interim Maritime Labour Certificate valid maximum 6 months is issued by the Inspector NO consecutive INTERIM certificate shall be issued When a detention occurred during INTERIM Term please refer to TNS60. New ships on delivery Change of Flag Change of Shipowner Reactivation after lay-up (*)

On board inspection Initial inspection DMLC part I & II Inspection against all the requirement of the MLC Certification against the 14 items of Annex A 5-1 Mergeable inspection: the titles performed in a maximum of three inspections, each title shall be fully covered during an inspection. Endorsement of the DMLC part II Issuance of the MLC Certificate

MLC - Inspections ASMS job MLCI : Initial Inspection (Full scope inspection could be mergeable jobs) The inspection shall include: All 14 items of the convention 5 additional items defined in FS Guideline. A reviewed DMLC Part II must be onboard (for vessels greater than 500GT) A Short Term Maritime Labour Certificate valid maximum 5 months is issued by the Inspector, the Definitive certificate will be issued by the CM.

On board inspection Renewal inspection (every 5 years) DMLC part I & II Inspection against all the requirement of the MLC Certification against the 14 items of Annex A 5-1 Issuance of the MLC Certificate Intermediate inspection (2.5 years periodicity) Same scope as renewal inspection Endorsement of the MLC Certificate

ASMS job MLCP : Intermediate Inspection (Full scope inspection could be mergeable jobs) A minimum of one Intermediate inspection shall be performed during the 5 year validity period to maintain the validity of the Maritime Labour Certificate. Between the second and the third anniversary dates (Next survey calculated to 2.5 years with a range +/- 6 months) More than 1 MLCP can be performed during the 5 years period of validity (to be decided by flag) The certificate shall be endorsed

ASMS job MLCR : Renewal Inspection (Full scope inspection could be mergeable jobs) Renewal of the Certificate Renewal inspection may be carried out from three months before the expiry date of the certificate and shall be completed before the expiry date. If performed in the last 3 months Validity of new certificate = Expiry date of existing certificate + 5 years - 1day Next MLCR = Expiry date + 5 years - 1day If performed before the 3 months Validity of new certificate = Inspection date + 5 years - 1day Next MLCR = MLCR performed + 5 years - 1day

ASMS job MLCI – MLCP- MLCR are defined as MERGEABLE inspections. That means an inspection can be performed in more than 1 job ( For MLC the maximum will be 3 jobs) Possible Status : Commencement – Part – Completion/Complete Inspection is mergeable by Title, the inspector will choose from 1 to 5 Titles If 5 titles in 1 job then Inspection status is “Complete” All items belonging to titles selected in the job have to be performed in the current job. The status “Commencement” or “Part” & the list of titles already performed will be sent to the next job required for the same type of inspection. All items belonging to one title must be performed in the job where this title is chosen SOC shall be issued when Commencement or Part Definitive certificate is issued as per TNS60 or endorsed by Inspector MLCP

ASMS job MLCA : Additional Inspection Reasons for Additional inspection (*) depends of lay-up duration and flag instructions Further to serious deficiency(ies) raised Clearance of deficiency(ies) Further to detention/required by PSC Required by Flag Required by Shipowners’ representative Required by Seafarers’s representative Required by BV Implementation of new flag & shipowner's requirements Implementation of new shipowner's requirements Reactivation after lay-up Change of RO Withdrawal of certificate

ASMS job MLCA : Additional Inspection (cont’) Reasons for Additional inspection (cont’) for Administrative jobs (*) Pre-conventional certified ships Change of ship's name Change of Shipowner's Name/address Conversion of certification (*)

ASMS job MLCM (Modular) : BV is RO but have Authorization for specific titles only (Ex. UK & Gibraltar only for Title 3) a Statement of Compliance with Title(s) inspected has to be issued NO next inspections and NO end of term calculated in NMM

Occasional Inspection BV is not RO but performed MLC inspection occasionally on Flag request for one Ship (Example France for all Titles – The job could not be a mergeable one) a BV Voluntary Statement of Compliance has to be issued No next inspections and No end of term calculated in NMM

Type of Authorisation BV IS RO : BV is acting obo flag Full authorisation BV is acting obo flag for DMLC, Inspection and certification Non conventional ships of ratifying flag (less 500GT) are concerned Partial authorisation Authorisation granted on Specific Titles only Example : UK & Gibraltar Case by Case (specific authorisation granted : full term Inspection) For ratifying flag, BV is not RO excepted for specific cases : Specific authorisation granted to act on behalf of flag (Flag written instructions required) for 5 years certification On voluntary basis For Non ratifying flag when BV is RO - Example Germany (BV SOC)

Type of Authorisation BV IS NOT RO : (No autorisation granted to act obo flag) On VOLUNTARY basis At shipowners request for non ratifying flag OCCASIONAL (no term) Authorisation limited to 1 job - No term Example : France

MLC – Certification summary
BV is RO BV is NOT RO Full Delegation Partial delegation Case by case / On voluntary basis Occasional DMLC reviewed and approved Yes No (3) Refer TNS18 MLCT/MLCI/MLCR/MLCP/MLCA applicable and next inspections calculated MLCM applicable No next inspection calculated Term calculated MLC certificate issued Yes (1) Statement Of Compliance Yes (2) (*) Yes (*) (2) (3) (4) BV SOC (*) after an inspection performed as commencement or part (mergeable status) if BV is authorized to issue MLC certificate (refer to TNS18) if BV is not authorized to issue MLC certificate or at the request of shipowner’s certification (ships less than 500 GT) (3) Flag autorisation granted and flag instructions required (4) When BV is RO for non ratifying countries – BV SOC to be issued (Voluntary basis)

Grading of deficiencies “Observation” statement of fact on findings not seen as serious enough to warrant a deficiency and substantiated by objective evidence. “Deficiency” an observed situation or defect where objective evidence indicates a non-fulfillment of a specified requirement of the MLC, 2006 “Serious Deficiency” an identifiable deficiency that constitutes a “serious breach” of the requirements of the Maritime MLC 2006 (including seafarers’ rights), or represents a significant danger to seafarers’ safety or health or security and which requires immediate action or includes a lack of effective and systematic implementation of the ship owners’ responsibilities through the DMLC.

Grading of deficiencies “Deficiency” The corrective action is proposed by the shipowner’s representative The corrective action and limit date must be agreed by the inspector before leaving the ship May require additional inspection “Serious Deficiency” Request immediate corrective action Must be downgraded before issuing/endorsing the certificate Additional inspection is mandatory

Grading of deficiencies “Serious Deficiency” When there is evidence of an unresolved Significant Deficiency, the Inspector refers to the flag Administration and the CSOM Port State Administration may be informed as appropriate (ref. SOLAS Chap 1 Sec. 6d). Depending on the nature of the deficiency, copy shall be transmitted by the MO to the concerned RO (if different from BV)

Closing the inspection Dedicated deficiency report shall be used The deficiency report shall be signed by the Company (and crew representative if one is nominated) Copies of deficiency report should be left onboard after each Inspection (Inspection Statement). Verification of deficiency not completed at the inspection in which the deficiency was raised MUST be verified at the next inspection and the deficiency should be cleared and signed off by the Inspector (unless the deficiency is within the time limit). Any corrective action not completed by the company must be reported as a Serious Deficiency.

Closing the inspection Closing meeting Presentation of deficiencies Agree timescales for corrective action plan submission Signature of the findings report and the inspection report Inspector Shipowner’s representative (e.g. master) Crew representative A copy of the signed inspection report has to be posted in a public space onboard before the inspector leaves the vessel .

Regularisation of documents The issue of an MLC Certificate and endorsement of DMLC part II is conditional upon : the completion of a full initial/renewal inspection of the ship; The Company must have recorded their proposed Corrective and Preventive Action to each deficiency. The Inspector must also have agreed that the proposals are adequate. A MLC may not be issued (together with the DMLC part II approval) until all Significant deficiencies have been rectified by the Company and cleared/downgraded by the Inspector.

Regularisation of documents Issuance of the MLC certificate Check the relevant TNS for scope of delegation The validity shall not exceed 5 years The date of completion of the initial Inspection determines the anniversary date for the corresponding MLC certificate When a renewal inspection is completed more than three months before the expiry date of the existing certificate, the new certificate shall be valid from the date of completion of the renewal for a period not exceeding five years. When a renewal inspection is completed within three months before the expiry date of the existing certificate, the new certificate shall be valid from the date of expiry of the existing certificate for a period not exceeding five years

Reporting Inspection Statement Handed over to the master before leaving the ship It shall include at least a) Date of completion of the Inspection and release of the Statement, b) Scope and objectives of the Inspection, c) Identification of the Inspection team, Company's representatives, Seafarer’s representative and persons interviewed, d) All serious deficiencies, deficiencies and observations together with the agreed corrective action, the original to be left on board the ship, the copy to be kept in BV local file, e) Inspection plan, f) the Inspection team conclusions (recommendations / refusal of certification, DMLC Part II endorsement, certificate endorsement, additional Inspection, etc.), g) Record that all deficiencies issued at the previous Inspections have been cleared on time. h) any other information as may be requested by the Flag Administration

Reporting Inspection report It shall include the Inspection Statement and: It is validated by the CSOM - the MLC report check list - a copy of the crew list, - the title of all personnel interviewed during the Inspection (on board a ship), - signed deficiency form: the original to be left on board the ship, the copy to be kept in BV local file, - copy of the previous MLC Certificate and DMLC part II when not issued by BV, - copy of regularised documents, - request for Inspection or time sheet signed by the Company representative.

Review of the inspection report The Inspection report is checked (check list must be produced) by the CSOM or his delegate in case of: - Initial or renewal inspection - Additional inspection after detention - Inspections performed in connexion with a Change of RO - Major changes in DMLC part II The depth of this check is determined by the CSOM or his/her delegate but, in principle, the check should cover, at least: Administrative aspects Inspection Reporting

Summary Any questions? Main points covered in the presentation:
The requirements under the four Regulations of Title 1 of the MLC, 2006, with emphasis on those that need to be checked by maritime labour inspectors. Reminder that compliance with all four Regulations and their corresponding Standards needs to be certified (on ships subject to certification) except that, in the case of Regulation 1.4, certification is limited to cases where a shipowner has used a private seafarer recruitment and placement services. 1.1 Minimum age: the emphasis has been on the importance of checking for full compliance with the requirements as they relate to a fundamental right. 1.2 Medical certificates: the presentation has gone into some detail as to the precise requirements to be checked for compliance including the acceptance of certificates issued in accordance with the STCW Convention. It also covers the need to respect privacy and the confidentiality of seafarers’ medical information and the right to a further examination in the case of an adverse first examination. 1.3 Training and qualifications: the presentation has indicated both the reliance that can be placed on STCW certificates and the need to check the training and certification or other qualifications of seafarers who are not covered by the STCW certification. 1.4 Recruitment and placement: the presentation has focused on the specific role of maritime labour inspectors under Standard A1.4 in verifying that, where shipowners use recruitment and placement services, only services that meet the Convention requirements are used. It has also provided an overview of the more general obligations of countries regarding the operation of recruitment and placement services and, in particular, their obligations with respect to regulating any private seafarer recruitment and placement services that may be operating in their territory. The potential usefulness of the DMLC Part II has been stressed in the context of checking compliance with all four Regulations.

MARITIME LABOUR CONVENTION MLC, 2006

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MARITIME LABOUR CONVENTION MLC, 2006

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