TITLE 1 – MINIMUM REQUIREMENTS TO WORK ON A SHIP SESSION 4 TITLE 1 – MINIMUM REQUIREMENTS TO WORK ON A SHIP

To discuss the MLC,2006 requirements associated with: minimum age; AIM To discuss the MLC,2006 requirements associated with: minimum age; medical certification; training and qualifications; recruitment and placement. RP

MINIMUM AGE (Regulation 1.1. Standard A1.1. Guideline B1.1) Purpose to ensure that no under-age persons work on a ship. RP

16, unless a higher age is prescribed in the Code 18 for night work 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 RP

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. RP

Minimum Age A fundamental right. Action in the case of non-compliance. RP

Checking for compliance What should be checked? What are the shipowners’ measures for ongoing compliance? RP

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. RP

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. RP

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 RP

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. RP

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. RP

when recently expired (one month); and for a maximum of 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 RP

Seafarer’s individual rights to privacy a further examination, by an independent medical referee where a certificate is refused or a limitation is imposed. RP

Checking for compliance What should be checked? What are the shipowners’ measures for ongoing compliance? RP

DMLC – PART II The 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. RP

Seafarer’s must Be trained or certified or otherwise qualified to perform their duties. Have successfully completed training for personal safety on board ship. RP

Checking for compliance What should be checked? What are the shipowners’ measures for ongoing compliance? RP

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 RECRUITMENT AND PLACEMENT (Regulation 1.4. Standard A1.4. Guideline B1.4) Purpose: - to ensure that seafarers have access to an efficient and well-regulated seafarer recruitment and placement system. Alternative guidance is provided in the next slides depending upon the answer to those questions. RP

RECRUITMENT AND PLACEMENT (Regulation 1. 4. Standard A1. 4 RECRUITMENT AND PLACEMENT (Regulation 1.4. Standard A1.4. Guideline B1.4) Qualified seafarers must not be prevented or deterred from gaining employment No fees or other charges must be borne by seafarers RP

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. RP

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. RP

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 II This 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.