Maritime LAbour Convention - 2006
Maritime LAbour Convention - 2006
Maritime LAbour Convention - 2006
MARITIME
LABOUR CONVENTION, 2006
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Contents
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PREAMBLE
Maritime Labour Convention, 2006
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Recalling that the United Nations Convention on the Law of the Sea, 1982,
sets out a general legal framework within which all activities in the oceans and
seas must be carried out and is of strategic importance as the basis for national,
regional and global action and cooperation in the marine sector, and that its
integrity needs to be maintained, and
Recalling that Article 94 of the United Nations Convention on the Law of
the Sea, 1982, establishes the duties and obligations of a flag State with regard to,
inter alia, labour conditions, crewing and social matters on ships that fly its flag,
and
Recalling paragraph 8 of article 19 of the Constitution of the International
Labour Organisation which provides that in no case shall the adoption of any Con-
vention or Recommendation by the Conference or the ratification of any Conven-
tion by any Member be deemed to affect any law, award, custom or agreement
which ensures more favourable conditions to the workers concerned than those
provided for in the Convention or Recommendation, and
Determined that this new instrument should be designed to secure the widest
possible acceptability among governments, shipowners and seafarers committed to
the principles of decent work, that it should be readily updateable and that it
should lend itself to effective implementation and enforcement, and
Having decided upon the adoption of certain proposals for the realization
of such an instrument, which is the only item on the agenda of the session, and
Having determined that these proposals shall take the form of an inter-
national Convention;
adopts this twenty-third day of February of the year two thousand and six the following
Convention, which may be cited as the Maritime Labour Convention, 2006.
GENERAL OBLIGATIONS
Article I
1. Each Member which ratifies this Convention undertakes to give complete
effect to its provisions in the manner set out in Article VI in order to secure the right
of all seafarers to decent employment.
2. Members shall cooperate with each other for the purpose of ensuring the
effective implementation and enforcement of this Convention.
Article II
1. For the purpose of this Convention and unless provided otherwise in par-
ticular provisions, the term:
(a) competent authority means the minister, government department or other author-
ity having power to issue and enforce regulations, orders or other instructions hav-
ing the force of law in respect of the subject matter of the provision concerned;
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Article III
Each Member shall satisfy itself that the provisions of its law and regulations
respect, in the context of this Convention, the fundamental rights to:
(a) freedom of association and the effective recognition of the right to collective
bargaining;
(b) the elimination of all forms of forced or compulsory labour;
(c) the effective abolition of child labour; and
(d) the elimination of discrimination in respect of employment and occupation.
Article IV
1. Every seafarer has the right to a safe and secure workplace that complies
with safety standards.
2. Every seafarer has a right to fair terms of employment.
3. Every seafarer has a right to decent working and living conditions on board
ship.
4. Every seafarer has a right to health protection, medical care, welfare meas-
ures and other forms of social protection.
5. Each Member shall ensure, within the limits of its jurisdiction, that the sea-
farers’ employment and social rights set out in the preceding paragraphs of this Article
are fully implemented in accordance with the requirements of this Convention. Unless
specified otherwise in the Convention, such implementation may be achieved through
national laws or regulations, through applicable collective bargaining agreements or
through other measures or in practice.
Article V
1. Each Member shall implement and enforce laws or regulations or other
measures that it has adopted to fulfil its commitments under this Convention with
respect to ships and seafarers under its jurisdiction.
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2. Each Member shall effectively exercise its jurisdiction and control over ships
that fly its flag by establishing a system for ensuring compliance with the requirements
of this Convention, including regular inspections, reporting, monitoring and legal pro-
ceedings under the applicable laws.
3. Each Member shall ensure that ships that fly its flag carry a maritime labour
certificate and a declaration of maritime labour compliance as required by this
Convention.
4. A ship to which this Convention applies may, in accordance with inter-
national law, be inspected by a Member other than the flag State, when the ship is in
one of its ports, to determine whether the ship is in compliance with the requirements
of this Convention.
5. Each Member shall effectively exercise its jurisdiction and control over sea-
farer recruitment and placement services, if these are established in its territory.
6. Each Member shall prohibit violations of the requirements of this Conven-
tion and shall, in accordance with international law, establish sanctions or require the
adoption of corrective measures under its laws which are adequate to discourage such
violations.
7. Each Member shall implement its responsibilities under this Convention in
such a way as to ensure that the ships that fly the flag of any State that has not ratified
this Convention do not receive more favourable treatment than the ships that fly the
flag of any State that has ratified it.
Article VI
1. The Regulations and the provisions of Part A of the Code are mandatory.
The provisions of Part B of the Code are not mandatory.
2. Each Member undertakes to respect the rights and principles set out in the
Regulations and to implement each Regulation in the manner set out in the cor-
responding provisions of Part A of the Code. In addition, the Member shall give due
consideration to implementing its responsibilities in the manner provided for in Part B
of the Code.
3. A Member which is not in a position to implement the rights and principles
in the manner set out in Part A of the Code may, unless expressly provided otherwise
in this Convention, implement Part A through provisions in its laws and regulations or
other measures which are substantially equivalent to the provisions of Part A.
4. For the sole purpose of paragraph 3 of this Article, any law, regulation, col-
lective agreement or other implementing measure shall be considered to be sub-
stantially equivalent, in the context of this Convention, if the Member satisfies itself
that:
(a) it is conducive to the full achievement of the general object and purpose of the
provision or provisions of Part A of the Code concerned; and
(b) it gives effect to the provision or provisions of Part A of the Code concerned.
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Article VII
Any derogation, exemption or other flexible application of this Convention for
which the Convention requires consultation with shipowners’ and seafarers’ organiza-
tions may, in cases where representative organizations of shipowners or of seafarers do
not exist within a Member, only be decided by that Member through consultation with
the Committee referred to in Article XIII.
Article VIII
1. The formal ratifications of this Convention shall be communicated to the
Director-General of the International Labour Office for registration.
2. This Convention shall be binding only upon those Members of the Inter-
national Labour Organization whose ratifications have been registered by the Director-
General.
3. This Convention shall come into force 12 months after the date on which
there have been registered ratifications by at least 30 Members with a total share in the
world gross tonnage of ships of 33 per cent.
4. Thereafter, this Convention shall come into force for any Member 12 months
after the date on which its ratification has been registered.
DENUNCIATION
Article IX
1. A Member which has ratified this Convention may denounce it after the ex-
piration of ten years from the date on which the Convention first comes into force, by
an act communicated to the Director-General of the International Labour Office for
registration. Such denunciation shall not take effect until one year after the date on
which it is registered.
2. Each Member which does not, within the year following the expiration of the
period of ten years mentioned in paragraph 1 of this Article, exercise the right of
denunciation provided for in this Article, shall be bound for another period of ten
years and, thereafter, may denounce this Convention at the expiration of each new
period of ten years under the terms provided for in this Article.
Article X
This Convention revises the following Conventions:
Minimum Age (Sea) Convention, 1920 (No. 7)
Unemployment Indemnity (Shipwreck) Convention, 1920 (No. 8)
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DEPOSITARY FUNCTIONS
Article XI
1. The Director-General of the International Labour Office shall notify all
Members of the International Labour Organization of the registration of all ratifica-
tions, acceptances and denunciations under this Convention.
2. When the conditions provided for in paragraph 3 of Article VIII have been
fulfilled, the Director-General shall draw the attention of the Members of the Organ-
ization to the date upon which the Convention will come into force.
Article XII
The Director-General of the International Labour Office shall communicate to
the Secretary-General of the United Nations for registration in accordance with Art-
icle 102 of the Charter of the United Nations full particulars of all ratifications, accept-
ances and denunciations registered under this Convention.
Article XIII
1. The Governing Body of the International Labour Office shall keep the work-
ing of this Convention under continuous review through a committee established by it
with special competence in the area of maritime labour standards.
2. For matters dealt with in accordance with this Convention, the Committee
shall consist of two representatives nominated by the Government of each Member
which has ratified this Convention, and the representatives of Shipowners and Sea-
farers appointed by the Governing Body after consultation with the Joint Maritime
Commission.
3. The Government representatives of Members which have not yet ratified
this Convention may participate in the Committee but shall have no right to vote on
any matter dealt with in accordance with this Convention. The Governing Body may
invite other organizations or entities to be represented on the Committee by observers.
4. The votes of each Shipowner and Seafarer representative in the Committee
shall be weighted so as to ensure that the Shipowners’ group and the Seafarers’ group
each have half the voting power of the total number of governments which are rep-
resented at the meeting concerned and entitled to vote.
Article XIV
1. Amendments to any of the provisions of this Convention may be adopted by
the General Conference of the International Labour Organization in the framework
of article 19 of the Constitution of the International Labour Organisation and the rules
and procedures of the Organization for the adoption of Conventions. Amendments to
the Code may also be adopted following the procedures in Article XV.
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Article XV
1. The Code may be amended either by the procedure set out in Article XIV
or, unless expressly provided otherwise, in accordance with the procedure set out in the
present Article.
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which had formally expressed their disagreement in accordance with paragraph 7 of this
Article and have not withdrawn such disagreement in accordance with paragraph 11.
However:
(a) before the end of the prescribed period, any ratifying Member may give notice to
the Director-General that it shall be bound by the amendment only after a sub-
sequent express notification of its acceptance; and
(b) before the date of entry into force of the amendment, any ratifying Member may
give notice to the Director-General that it will not give effect to that amendment
for a specified period.
9. An amendment which is the subject of a notice referred to in paragraph 8(a)
of this Article shall enter into force for the Member giving such notice six months after
the Member has notified the Director-General of its acceptance of the amendment or
on the date on which the amendment first comes into force, whichever date is later.
10. The period referred to in paragraph 8(b) of this Article shall not go beyond
one year from the date of entry into force of the amendment or beyond any longer
period determined by the Conference at the time of approval of the amendment.
11. A Member that has formally expressed disagreement with an amendment
may withdraw its disagreement at any time. If notice of such withdrawal is received by
the Director-General after the amendment has entered into force, the amendment
shall enter into force for the Member six months after the date on which the notice was
registered.
12. After entry into force of an amendment, the Convention may only be rati-
fied in its amended form.
13. To the extent that a maritime labour certificate relates to matters covered
by an amendment to the Convention which has entered into force:
(a) a Member that has accepted that amendment shall not be obliged to extend the
benefit of the Convention in respect of the maritime labour certificates issued to
ships flying the flag of another Member which:
(i) pursuant to paragraph 7 of this Article, has formally expressed disagree-
ment to the amendment and has not withdrawn such disagreement; or
(ii) pursuant to paragraph 8(a) of this Article, has given notice that its accept-
ance is subject to its subsequent express notification and has not accepted
the amendment; and
(b) a Member that has accepted the amendment shall extend the benefit of the Con-
vention in respect of the maritime labour certificates issued to ships flying the
flag of another Member that has given notice, pursuant to paragraph 8(b) of this
Article, that it will not give effect to that amendment for the period specified in
accordance with paragraph 10 of this Article.
AUTHORITATIVE LANGUAGES
Article XVI
The English and French versions of the text of this Convention are equally
authoritative.
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1. This explanatory note, which does not form part of the Maritime Labour
Convention, is intended as a general guide to the Convention.
2. The Convention comprises three different but related parts: the Articles, the
Regulations and the Code.
3. The Articles and Regulations set out the core rights and principles and the
basic obligations of Members ratifying the Convention. The Articles and Regulations
can only be changed by the Conference in the framework of article 19 of the Constitu-
tion of the International Labour Organisation (see Article XIV of the Convention).
4. The Code contains the details for the implementation of the Regulations. It
comprises Part A (mandatory Standards) and Part B (non-mandatory Guidelines).
The Code can be amended through the simplified procedure set out in Article XV of
the Convention. Since the Code relates to detailed implementation, amendments to it
must remain within the general scope of the Articles and Regulations.
5. The Regulations and the Code are organized into general areas under five
Titles:
Title 1: Minimum requirements for seafarers to work on a ship
Title 2: Conditions of employment
Title 3: Accommodation, recreational facilities, food and catering
Title 4: Health protection, medical care, welfare and social security protection
Title 5: Compliance and enforcement
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Purpose: To ensure that all seafarers are medically fit to perform their duties at sea
1. Seafarers shall not work on a ship unless they are certified as medically fit to
perform their duties.
2. Exceptions can only be permitted as prescribed in the Code.
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8. In urgent cases the competent authority may permit a seafarer to work with-
out a valid medical certificate until the next port of call where the seafarer can obtain
a medical certificate from a qualified medical practitioner, provided that:
(a) the period of such permission does not exceed three months; and
(b) the seafarer concerned is in possession of an expired medical certificate of recent
date.
9. 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 from a qualified medical practitioner, provided that the
period shall not exceed three months.
10. The medical certificates for seafers working on ships ordinarily engaged on
international voyages must as a minimum be provided in English.
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(a) prevent a Member from maintaining a free public seafarer recruitment and
placement service for seafarers in the framework of a policy to meet the needs of
seafarers and shipowners, whether the service forms part of or is coordinated
with a public employment service for all workers and employers; or
(b) impose on a Member the obligation to establish a system for the operation of pri-
vate seafarer recruitment or placement services in its territory.
5. A Member adopting a system referred to in paragraph 2 of this Standard
shall, in its laws and regulations or other measures, at a minimum:
(a) prohibit seafarer recruitment and placement services from using means, mech-
anisms or lists intended to prevent or deter seafarers from gaining employment
for which they are qualified;
(b) require that no fees or other charges for seafarer recruitment or placement or for
providing employment to seafarers are borne directly or indirectly, in whole or in
part, by the seafarer, other than the cost of the seafarer obtaining a national
statutory medical certificate, the national seafarer’s book and a passport or other
similar personal travel documents, not including, however, the cost of visas,
which shall be borne by the shipowner; and
(c) ensure that seafarer recruitment and placement services operating in its territory:
(i) maintain an up-to-date register of all seafarers recruited or placed through
them, to be available for inspection by the competent authority;
(ii) make sure that seafarers are informed of their rights and duties under their
employment agreements prior to or in the process of engagement and that
proper arrangements are made for seafarers to examine their employment
agreements before and after they are signed and for them to receive a copy
of the agreements;
(iii) verify that seafarers recruited or placed by them are qualified and hold the
documents necessary for the job concerned, and that the seafarers’ employ-
ment agreements are in accordance with applicable laws and regulations
and any collective bargaining agreement that forms part of the employment
agreement;
(iv) make sure, as far as practicable, that the shipowner has the means to protect
seafarers from being stranded in a foreign port;
(v) examine and respond to any complaint concerning their activities and ad-
vise the competent authority of any unresolved complaint;
(vi) establish a system of protection, by way of insurance or an equivalent ap-
propriate measure, to compensate seafarers for monetary loss that they
may incur as a result of the failure of a recruitment and placement service
or the relevant shipowner under the seafarers’ employment agreement to
meet its obligations to them.
6. The competent authority shall closely supervise and control all seafarer re-
cruitment and placement services operating in the territory of the Member concerned.
Any licences or certificates or similar authorizations for the operation of private ser-
vices in the territory are granted or renewed only after verification that the seafarer re-
cruitment and placement service concerned meets the requirements of national laws
and regulations.
7. The competent authority shall ensure that adequate machinery and proce-
dures exist for the investigation, if necessary, of complaints concerning the activities of
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(g) prescribing operational standards and adopting codes of conduct and ethical
practices for seafarer recruitment and placement services; and
(h) exercising supervision of the licensing or certification system on the basis of a sys-
tem of quality standards.
2. In establishing the system referred to in Standard A1.4, paragraph 2, each
Member should consider requiring seafarer recruitment and placement services, estab-
lished in its territory, to develop and maintain verifiable operational practices. These
operational practices for private seafarer recruitment and placement services and, to
the extent that they are applicable, for public seafarer recruitment and placement ser-
vices should address the following matters:
(a) medical examinations, seafarers’ identity documents and such other items as may
be required for the seafarer to gain employment;
(b) maintaining, with due regard to the right to privacy and the need to protect con-
fidentiality, full and complete records of the seafarers covered by their recruit-
ment and placement system, which should include but not be limited to:
(i) the seafarers’ qualifications;
(ii) record of employment;
(iii) personal data relevant to employment; and
(iv) medical data relevant to employment;
(c) maintaining up-to-date lists of the ships for which the seafarer recruitment and
placement services provide seafarers and ensuring that there is a means by which
the services can be contacted in an emergency at all hours;
(d) procedures to ensure that seafarers are not subject to exploitation by the seafarer
recruitment and placement services or their personnel with regard to the offer of
engagement on particular ships or by particular companies;
(e) procedures to prevent the opportunities for exploitation of seafarers arising from
the issue of joining advances or any other financial transaction between the ship-
owner and the seafarers which are handled by the seafarer recruitment and place-
ment services;
(f) clearly publicizing costs, if any, which the seafarer will be expected to bear in the
recruitment process;
(g) ensuring that seafarers are advised of any particular conditions applicable to the
job for which they are to be engaged and of the particular shipowner’s policies
relating to their employment;
(h) procedures which are in accordance with the principles of natural justice for deal-
ing with cases of incompetence or indiscipline consistent with national laws and
practice and, where applicable, with collective agreements;
(i) procedures to ensure, as far as practicable, that all mandatory certificates and
documents submitted for employment are up to date and have not been fraudu-
lently obtained and that employment references are verified;
(j) procedures to ensure that requests for information or advice by families of sea-
farers while the seafarers are at sea are dealt with promptly and sympathetically
and at no cost; and
(k) verifying that labour conditions on ships where seafarers are placed are in con-
formity with applicable collective bargaining agreements concluded between a
shipowner and a representative seafarers’ organization and, as a matter of policy,
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supplying seafarers only to shipowners that offer terms and conditions of em-
ployment to seafarers which comply with applicable laws or regulations or collec-
tive agreements.
3. Consideration should be given to encouraging international cooperation
between Members and relevant organizations, such as:
(a) the systematic exchange of information on the maritime industry and labour mar-
ket on a bilateral, regional and multilateral basis;
(b) the exchange of information on maritime labour legislation;
(c) the harmonization of policies, working methods and legislation governing re-
cruitment and placement of seafarers;
(d) the improvement of procedures and conditions for the international recruitment
and placement of seafarers; and
(e) workforce planning, taking account of the supply of and demand for seafarers
and the requirements of the maritime industry.
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Conditions of employment
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(a) able seafarer means any seafarer who is deemed competent to perform any duty
which may be required of a rating serving in the deck department, other than the
duties of a supervisory or specialist rating, or who is defined as such by national
laws, regulations or practice, or by collective agreement;
(b) basic pay or wages means the pay, however composed, for normal hours of work;
it does not include payments for overtime worked, bonuses, allowances, paid
leave or any other additional remuneration;
(c) consolidated wage means a wage or salary which includes the basic pay and other
pay-related benefits; a consolidated wage may include compensation for all over-
time hours which are worked and all other pay-related benefits, or it may include
only certain benefits in a partial consolidation;
(d) hours of work means time during which seafarers are required to do work on ac-
count of the ship;
(e) overtime means time worked in excess of the normal hours of work.
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Conditions of employment
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Guideline B2.2.4 – Minimum monthly basic pay or wage figure for able seafarers
1. The basic pay or wages for a calendar month of service for an able seafarer
should be no less than the amount periodically set by the Joint Maritime Commission
or another body authorized by the Governing Body of the International Labour
Office. Upon a decision of the Governing Body, the Director-General shall notify any
revised amount to the Members of the Organization.
2. Nothing in this Guideline should be deemed to prejudice arrangements
agreed between shipowners or their organizations and seafarers’ organizations with re-
gard to the regulation of standard minimum terms and conditions of employment, pro-
vided such terms and conditions are recognized by the competent authority.
Purpose: To ensure that seafarers have regulated hours of work or hours of rest
1. Each Member shall ensure that the hours of work or hours of rest for sea-
farers are regulated.
2. Each Member shall establish maximum hours of work or minimum hours of
rest over given periods that are consistent with the provisions in the Code.
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Conditions of employment
(a) hours of work means time during which seafarers are required to do work on ac-
count of the ship;
(b) hours of rest means time outside hours of work; this term does not include short
breaks.
2. Each Member shall within the limits set out in paragraphs 5 to 8 of this Stand-
ard fix either a maximum number of hours of work which shall not be exceeded in a
given period of time, or a minimum number of hours of rest which shall be provided in
a given period of time.
3. Each Member acknowledges that the normal working hours’ standard for
seafarers, like that for other workers, shall be based on an eight-hour day with one day
of rest per week and rest on public holidays. However, this shall not prevent the
Member from having procedures to authorize or register a collective agreement which
determines seafarers’ normal working hours on a basis no less favourable than this
standard.
4. In determining the national standards, each Member shall take account of the
danger posed by the fatigue of seafarers, especially those whose duties involve naviga-
tional safety and the safe and secure operation of the ship.
5. The limits on hours of work or rest shall be as follows:
(a) maximum hours of work shall not exceed:
(i) 14 hours in any 24-hour period; and
(ii) 72 hours in any seven-day period;
or
(b) minimum hours of rest shall not be less than:
(i) ten hours in any 24-hour period; and
(ii) 77 hours in any seven-day period.
6. Hours of rest may be divided into no more than two periods, one of which
shall be at least six hours in length, and the interval between consecutive periods of rest
shall not exceed 14 hours.
7. Musters, fire-fighting and lifeboat drills, and drills prescribed by national
laws and regulations and by international instruments, shall be conducted in a manner
that minimizes the disturbance of rest periods and does not induce fatigue.
8. 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 to work.
9. If no collective agreement or arbitration award exists or if the competent
authority determines that the provisions in the agreement or award in respect of para-
graph 7 or 8 of this Standard are inadequate, the competent authority shall determine
such provisions to ensure the seafarers concerned have sufficient rest.
10. Each Member shall require the posting, in an easily accessible place, of a
table with the shipboard working arrangements, which shall contain for every position
at least:
(a) the schedule of service at sea and service in port; and
(b) the maximum hours of work or the minimum hours of rest required by national
laws or regulations or applicable collective agreements.
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Conditions of employment
4. Paragraph 1 of this Guideline does not exempt young seafarers from the gen-
eral obligation on all seafarers to work during any emergency as provided for in Stand-
ard A2.3, paragraph 14.
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(a) public and customary holidays recognized as such in the flag State, whether or
not they fall during the annual leave with pay;
(b) periods of incapacity for work resulting from illness or injury or from maternity,
under conditions as determined by the competent authority or through the ap-
propriate machinery in each country;
(c) temporary shore leave granted to a seafarer while under an employment agree-
ment; and
(d) compensatory leave of any kind, under conditions as determined by the compe-
tent authority or through the appropriate machinery in each country.
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Conditions of employment
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Conditions of employment
(b) accommodation and food from the moment the seafarers leave the ship until they
reach the repatriation destination;
(c) pay and allowances from the moment the seafarers leave the ship until they reach
the repatriation destination, if provided for by national laws or regulations or col-
lective agreements;
(d) transportation of 30 kg of the seafarers’ personal luggage to the repatriation
destination; and
(e) medical treatment when necessary until the seafarers are medically fit to travel
to the repatriation destination.
4. Time spent awaiting repatriation and repatriation travel time should not be
deducted from paid leave accrued to the seafarers.
5. Shipowners should be required to continue to cover the costs of repatriation
until the seafarers concerned are landed at a destination prescribed pursuant to this
Code or are provided with suitable employment on board a ship proceeding to one of
those destinations.
6. Each Member should require that shipowners take responsibility for repatri-
ation arrangements by appropriate and expeditious means. The normal mode of trans-
port should be by air. The Member should prescribe the destinations to which seafarers
may be repatriated. The destinations should include the countries with which seafarers
may be deemed to have a substantial connection including:
(a) the place at which the seafarer agreed to enter into the engagement;
(b) the place stipulated by collective agreement;
(c) the seafarer’s country of residence; or
(d) such other place as may be mutually agreed at the time of engagement.
7. Seafarers should have the right to choose from among the prescribed desti-
nations the place to which they are to be repatriated.
8. The entitlement to repatriation may lapse if the seafarers concerned do not
claim it within a reasonable period of time to be defined by national laws or regulations
or collective agreements.
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(b) for medical care and maintenance of seafarers employed on a ship that flies the
flag of a foreign country who are put ashore in a foreign port in consequence of
sickness or injury incurred in the service of the ship and not due to their own wil-
ful misconduct.
3. If, after young seafarers under the age of 18 have served on a ship for at least
four months during their first foreign-going voyage, it becomes apparent that they are
unsuited to life at sea, they should be given the opportunity of being repatriated at no
expense to themselves from the first suitable port of call in which there are consular
services of the flag State, or the State of nationality or residence of the young seafarer.
Notification of any such repatriation, with the reasons therefor, should be given to the
authority which issued the papers enabling the young seafarers concerned to take up
seagoing employment.
Purpose: To ensure that seafarers work on board ships with sufficient personnel
for the safe, efficient and secure operation of the ship
1. Each Member shall require that all ships that fly its flag have a sufficient
number of seafarers employed on board to ensure that ships are operated safely, effi-
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Conditions of employment
ciently and with due regard to security under all conditions, taking into account con-
cerns about seafarer fatigue and the particular nature and conditions of the voyage.
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3. Each Member shall, after consulting the shipowners’ and seafarers’ organ-
izations concerned, establish clear objectives for the vocational guidance, education
and training of seafarers whose duties on board ship primarily relate to the safe oper-
ation and navigation of the ship, including ongoing training.
Guideline B2.8.1 – Measures to promote career and skill development and employment
opportunities for seafarers
1. Measures to achieve the objectives set out in Standard A2.8 might include:
(a) agreements providing for career development and skills training with a ship-
owner or an organization of shipowners; or
(b) arrangements for promoting employment through the establishment and mainten-
ance of registers or lists, by categories, of qualified seafarers; or
(c) promotion of opportunities, both on board and ashore, for further training and
education of seafarers to provide for skill development and portable competen-
cies in order to secure and retain decent work, to improve individual employment
prospects and to meet the changing technology and labour market conditions of
the maritime industry.
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and chemicals on board ships, and to provide an acceptable occupational and on-
board living environment for seafarers.
7. With respect to requirements for ventilation and heating:
(a) sleeping rooms and mess rooms shall be adequately ventilated;
(b) ships, except those regularly engaged in trade where temperate climatic con-
ditions do not require this, shall be equipped with air conditioning for seafarer
accommodation, for any separate radio room and for any centralized machinery
control room;
(c) all sanitary spaces shall have ventilation to the open air, independently of any
other part of the accommodation; and
(d) adequate heat through an appropriate heating system shall be provided, except
in ships exclusively on voyages in tropical climates.
8. With respect to requirements for lighting, subject to such special arrange-
ments as may be permitted in passenger ships, sleeping rooms and mess rooms shall be
lit by natural light and provided with adequate artificial light.
9. When sleeping accommodation on board ships is required, the following re-
quirements for sleeping rooms apply:
(a) in ships other than passenger ships, an individual sleeping room shall be provided
for each seafarer; in the case of ships of less than 3,000 gross tonnage or special
purpose ships, exemptions from this requirement may be granted by the compe-
tent authority after consultation with the shipowners’ and seafarers’ organiza-
tions concerned;
(b) separate sleeping rooms shall be provided for men and for women;
(c) sleeping rooms shall be of adequate size and properly equipped so as to ensure
reasonable comfort and to facilitate tidiness;
(d) a separate berth for each seafarer shall in all circumstances be provided;
(e) the minimum inside dimensions of a berth shall be at least 198 centimetres by
80 centimetres;
(f) in single berth seafarers’ sleeping rooms the floor area shall not be less than:
(i) 4.5 square metres in ships of less than 3,000 gross tonnage;
(ii) 5.5 square metres in ships of 3,000 gross tonnage or over but less than 10,000
gross tonnage;
(iii) 7 square metres in ships of 10,000 gross tonnage or over;
(g) however, in order to provide single berth sleeping rooms on ships of less than
3,000 gross tonnage, passenger ships and special purpose ships, the competent
authority may allow a reduced floor area;
(h) in ships of less than 3,000 gross tonnage other than passenger ships and special
purpose ships, sleeping rooms may be occupied by a maximum of two seafarers;
the floor area of such sleeping rooms shall not be less than 7 square metres;
(i) on passenger ships and special purpose ships the floor area of sleeping rooms for
seafarers not performing the duties of ships’ officers shall not be less than:
(i) 7.5 square metres in rooms accommodating two persons;
(ii) 11.5 square metres in rooms accommodating three persons;
(iii) 14.5 square metres in rooms accommodating four persons;
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(j) on special purpose ships sleeping rooms may accommodate more than four per-
sons; the floor area of such sleeping rooms shall not be less than 3.6 square metres
per person;
(k) on ships other than passenger ships and special purpose ships, sleeping rooms for
seafarers who perform the duties of ships’ officers, where no private sitting room
or day room is provided, the floor area per person shall not be less than:
(i) 7.5 square metres in ships of less than 3,000 gross tonnage;
(ii) 8.5 square metres in ships of 3,000 gross tonnage or over but less than 10,000
gross tonnage;
(iii) 10 square metres in ships of 10,000 gross tonnage or over;
(l) on passenger ships and special purpose ships the floor area for seafarers perform-
ing the duties of ships’ officers where no private sitting room or day room is pro-
vided, the floor area per person for junior officers shall not be less than 7.5 square
metres and for senior officers not less than 8.5 square metres; junior officers are
understood to be at the operational level, and senior officers at the management
level;
(m) the master, the chief engineer and the chief navigating officer shall have, in addi-
tion to their sleeping rooms, an adjoining sitting room, day room or equivalent
additional space; ships of less than 3,000 gross tonnage may be exempted by the
competent authority from this requirement after consultation with the ship-
owners’ and seafarers’ organizations concerned;
(n) for each occupant, the furniture shall include a clothes locker of ample space
(minimum 475 litres) and a drawer or equivalent space of not less than 56 litres;
if the drawer is incorporated in the clothes locker then the combined minimum
volume of the clothes locker shall be 500 litres; it shall be fitted with a shelf and
be able to be locked by the occupant so as to ensure privacy;
(o) each sleeping room shall be provided with a table or desk, which may be of the
fixed, drop-leaf or slide-out type, and with comfortable seating accommodation
as necessary.
10. With respect to requirements for mess rooms:
(a) mess rooms shall be located apart from the sleeping rooms and as close as practic-
able to the galley; ships of less than 3,000 gross tonnage may be exempted by the
competent authority from this requirement after consultation with the ship-
owners’ and seafarers’ organizations concerned; and
(b) mess rooms shall be of adequate size and comfort and properly furnished and
equipped (including ongoing facilities for refreshment), taking account of the
number of seafarers likely to use them at any one time; provision shall be made
for separate or common mess room facilities as appropriate.
11. With respect to requirements for sanitary facilities:
(a) all seafarers shall have convenient access on the ship to sanitary facilities meeting
minimum standards of health and hygiene and reasonable standards of comfort,
with separate sanitary facilities being provided for men and for women;
(b) there shall be sanitary facilities within easy access of the navigating bridge and
the machinery space or near the engine room control centre; ships of less than
3,000 gross tonnage may be exempted by the competent authority from this re-
quirement after consultation with the shipowners’ and seafarers’ organizations
concerned;
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(c) in all ships a minimum of one toilet, one wash basin and one tub or shower or
both for every six persons or less who do not have personal facilities shall be pro-
vided at a convenient location;
(d) with the exception of passenger ships, each sleeping room shall be provided with
a washbasin having hot and cold running fresh water, except where such a wash-
basin is situated in the private bathroom provided;
(e) in passenger ships normally engaged on voyages of not more than four hours’
duration, consideration may be given by the competent authority to special
arrangements or to a reduction in the number of facilities required; and
(f) hot and cold running fresh water shall be available in all wash places.
12. With respect to requirements for hospital accommodation, ships carrying 15
or more seafarers and engaged in a voyage of more than three days’ duration shall pro-
vide separate hospital accommodation to be used exclusively for medical purposes; the
competent authority may relax this requirement for ships engaged in coastal trade; in
approving on-board hospital accommodation, the competent authority shall ensure
that the accommodation will, in all weathers, be easy of access, provide comfortable
housing for the occupants and be conducive to their receiving prompt and proper
attention.
13. Appropriately situated and furnished laundry facilities shall be available.
14. All ships shall have a space or spaces on open deck to which the seafarers
can have access when off duty, which are of adequate area having regard to the size of
the ship and the number of seafarers on board.
15. All ships shall be provided with separate offices or a common ship’s office
for use by deck and engine departments; ships of less than 3,000 gross tonnage may be
exempted by the competent authority from this requirement after consultation with
the shipowners’ and seafarers’ organizations concerned.
16. Ships regularly trading to mosquito-infested ports shall be fitted with appro-
priate devices as required by the competent authority.
17. Appropriate seafarers’ recreational facilities, amenities and services, as
adapted to meet the special needs of seafarers who must live and work on ships, shall
be provided on board for the benefit of all seafarers, taking into account Regulation
4.3 and the associated Code provisions on health and safety protection and accident
prevention.
18. The competent authority shall require frequent inspections to be carried
out on board ships, by or under the authority of the master, to ensure that seafarer ac-
commodation is clean, decently habitable and maintained in a good state of repair. The
results of each such inspection shall be recorded and be available for review.
19. In the case of ships where there is need to take account, without discrimin-
ation, of the interests of seafarers having differing and distinctive religious and social
practices, the competent authority may, after consultation with the shipowners’ and
seafarers’ organizations concerned, permit fairly applied variations in respect of this
Standard on condition that such variations do not result in overall facilities less favour-
able than those which would result from the application of this Standard.
20. Each Member may, after consultation with the shipowners’ and seafarers’
organizations concerned, exempt ships of less than 200 gross tonnage where it is
reasonable to do so, taking account of the size of the ship and the number of persons
on board in relation to the requirements of the following provisions of this Standard:
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when seafarers are living or working on board and conditions so require. However, this
power need not be provided from an emergency source.
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7. Berths should not be arranged in tiers of more than two; in the case of berths
placed along the ship’s side, there should be only a single tier where a sidelight is situ-
ated above a berth.
8. The lower berth in a double tier should be not less than 30 centimetres above
the floor; the upper berth should be placed approximately midway between the bottom
of the lower berth and the lower side of the deckhead beams.
9. The framework and the lee-board, if any, of a berth should be of approved
material, hard, smooth, and not likely to corrode or to harbour vermin.
10. If tubular frames are used for the construction of berths, they should be
completely sealed and without perforations which would give access to vermin.
11. Each berth should be fitted with a comfortable mattress with cushioning
bottom or a combined cushioning mattress, including a spring bottom or a spring mat-
tress. The mattress and cushioning material used should be made of approved material.
Stuffing of material likely to harbour vermin should not be used.
12. When one berth is placed over another, a dust-proof bottom should be fit-
ted beneath the bottom mattress or spring bottom of the upper berth.
13. The furniture should be of smooth, hard material not liable to warp or
corrode.
14. Sleeping rooms should be fitted with curtains or equivalent for the side-
lights.
15. Sleeping rooms should be fitted with a mirror, small cabinets for toilet
requisites, a book rack and a sufficient number of coat hooks.
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Purpose: To ensure that seafarers have access to good quality food and drinking water
provided under regulated hygienic conditions
1. Each Member shall ensure that ships that fly its flag carry on board and serve
food and drinking water of appropriate quality, nutritional value and quantity that
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adequately covers the requirements of the ship and takes into account the differing cul-
tural and religious backgrounds.
2. Seafarers on board a ship shall be provided with food free of charge during
the period of engagement.
3. Seafarers employed as ships’ cooks with responsibility for food preparation
must be trained and qualified for their position on board ship.
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Purpose: To protect the health of seafarers and ensure their prompt access
to medical care on board ship and ashore
1. Each Member shall ensure that all seafarers on ships that fly its flag are
covered by adequate measures for the protection of their health and that they have ac-
cess to prompt and adequate medical care whilst working on board.
2. The protection and care under paragraph 1 of this Regulation shall, in prin-
ciple, be provided at no cost to the seafarers.
3. Each Member shall ensure that seafarers on board ships in its territory who
are in need of immediate medical care are given access to the Member’s medical facil-
ities on shore.
4. The requirements for on-board health protection and medical care set out in
the Code include standards for measures aimed at providing seafarers with health pro-
tection and medical care as comparable as possible to that which is generally available
to workers ashore.
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when completed, and its contents shall be kept confidential and shall only be used to
facilitate the treatment of seafarers.
3. Each Member shall adopt laws and regulations establishing requirements for
on-board hospital and medical care facilities and equipment and training on ships that
fly its flag.
4. National laws and regulations shall as a minimum provide for the following
requirements:
(a) all ships shall carry a medicine chest, medical equipment and a medical guide, the
specifics of which shall be prescribed and subject to regular inspection by the com-
petent authority; the national requirements shall take into account the type of ship,
the number of persons on board and the nature, destination and duration of
voyages and relevant national and international recommended medical standards;
(b) ships carrying 100 or more persons and ordinarily engaged on international
voyages of more than three days’ duration shall carry a qualified medical doctor
who is responsible for providing medical care; national laws or regulations shall
also specify which other ships shall be required to carry a medical doctor, taking
into account, inter alia, such factors as the duration, nature and conditions of the
voyage and the number of seafarers on board;
(c) ships which do not carry a medical doctor shall be required to have either at least
one seafarer on board who is in charge of medical care and administering medi-
cine as part of their regular duties or at least one seafarer on board competent to
provide medical first aid; persons in charge of medical care on board who are not
medical doctors shall have satisfactorily completed training in medical care that
meets the requirements of the International Convention on Standards of Train-
ing, Certification and Watchkeeping for Seafarers, 1978, as amended (“STCW”);
seafarers designated to provide medical first aid shall have satisfactorily com-
pleted training in medical first aid that meets the requirements of STCW;
national laws or regulations shall specify the level of approved training required
taking into account, inter alia, such factors as the duration, nature and conditions
of the voyage and the number of seafarers on board; and
(d) the competent authority shall ensure by a prearranged system that medical ad-
vice by radio or satellite communication to ships at sea, including specialist
advice, is available 24 hours a day; medical advice, including the onward trans-
mission of medical messages by radio or satellite communication between a ship
and those ashore giving the advice, shall be available free of charge to all ships
irrespective of the flag that they fly.
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to occur on board a ship and to make use of medical advice by radio or satellite
communication; and
(b) all other ships should have at least one designated seafarer with approved train-
ing in medical care required by STCW, including practical training and training
in life-saving techniques such as intravenous therapy, which will enable the per-
sons concerned to participate effectively in coordinated schemes for medical as-
sistance to ships at sea, and to provide the sick or injured with a satisfactory
standard of medical care during the period they are likely to remain on board.
2. The training referred to in paragraph 1 of this Guideline should be based on
the contents of the most recent editions of the International Medical Guide for Ships,
the Medical First Aid Guide for Use in Accidents Involving Dangerous Goods, the
Document for Guidance – An International Maritime Training Guide, and the medical
section of the International Code of Signals as well as similar national guides.
3. Persons referred to in paragraph 1 of this Guideline and such other seafarers
as may be required by the competent authority should undergo, at approximately five-
year intervals, refresher courses to enable them to maintain and increase their knowl-
edge and skills and to keep up-to-date with new developments.
4. The medicine chest and its contents, as well as the medical equipment and
medical guide carried on board, should be properly maintained and inspected at regu-
lar intervals, not exceeding 12 months, by responsible persons designated by the com-
petent authority, who should ensure that the labelling, expiry dates and conditions of
storage of all medicines and directions for their use are checked and all equipment
functioning as required. In adopting or reviewing the ship’s medical guide used nation-
ally, and in determining the contents of the medicine chest and medical equipment, the
competent authority should take into account international recommendations in this
field, including the latest edition of the International Medical Guide for Ships, and
other guides mentioned in paragraph 2 of this Guideline.
5. Where a cargo which is classified dangerous has not been included in the most
recent edition of the Medical First Aid Guide for Use in Accidents Involving Dangerous
Goods, the necessary information on the nature of the substances, the risks involved, the
necessary personal protective devices, the relevant medical procedures and specific an-
tidotes should be made available to the seafarers. Such specific antidotes and personal
protective devices should be on board whenever dangerous goods are carried. This infor-
mation should be integrated with the ship’s policies and programmes on occupational
safety and health described in Regulation 4.3 and related Code provisions.
6. All ships should carry a complete and up-to-date list of radio stations through
which medical advice can be obtained; and, if equipped with a system of satellite com-
munication, carry an up-to-date and complete list of coast earth stations through which
medical advice can be obtained. Seafarers with responsibility for medical care or
medical first aid on board should be instructed in the use of the ship’s medical guide
and the medical section of the most recent edition of the International Code of Signals
so as to enable them to understand the type of information needed by the advising doc-
tor as well as the advice received.
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(j) providing all seafarers with special curative and preventive health and medical
services in port, or making available to them general health, medical and re-
habilitation services; and
(k) arranging for the repatriation of the bodies or ashes of deceased seafarers, in ac-
cordance with the wishes of the next of kin and as soon as practicable.
2. International cooperation in the field of health protection and medical care
for seafarers should be based on bilateral or multilateral agreements or consultations
among Members.
Purpose: To ensure that seafarers are protected from the financial consequences
of sickness, injury or death occurring in connection with their employment
1. Each Member shall ensure that measures, in accordance with the Code, are in
place on ships that fly its flag to provide seafarers employed on the ships with a right to
material assistance and support from the shipowner with respect to the financial conse-
quences of sickness, injury or death occurring while they are serving under a seafarers’
employment agreement or arising from their employment under such agreement.
2. This Regulation does not affect any other legal remedies that a seafarer may
seek.
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(d) shipowners shall be liable to pay the cost of burial expenses in the case of death
occurring on board or ashore during the period of engagement.
2. National laws or regulations may limit the liability of the shipowner to defray
the expense of medical care and board and lodging to a period which shall not be less
than 16 weeks from the day of the injury or the commencement of the sickness.
3. Where the sickness or injury results in incapacity for work the shipowner
shall be liable:
(a) to pay full wages as long as the sick or injured seafarers remain on board or until
the seafarers have been repatriated in accordance with this Convention; and
(b) to pay wages in whole or in part as prescribed by national laws or regulations or
as provided for in collective agreements from the time when the seafarers are re-
patriated or landed until their recovery or, if earlier, until they are entitled to cash
benefits under the legislation of the Member concerned.
4. National laws or regulations may limit the liability of the shipowner to pay
wages in whole or in part in respect of a seafarer no longer on board to a period which
shall not be less than 16 weeks from the day of the injury or the commencement of the
sickness.
5. National laws or regulations may exclude the shipowner from liability in re-
spect of:
(a) injury incurred otherwise than in the service of the ship;
(b) injury or sickness due to the wilful misconduct of the sick, injured or deceased
seafarer; and
(c) sickness or infirmity intentionally concealed when the engagement is entered
into.
6. National laws or regulations may exempt the shipowner from liability to de-
fray the expense of medical care and board and lodging and burial expenses in so far
as such liability is assumed by the public authorities.
7. Shipowners or their representatives shall take measures for safeguarding
property left on board by sick, injured or deceased seafarers and for returning it to
them or to their next of kin.
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(c) specify the duties of the master or a person designated by the master, or both, to
take specific responsibility for the implementation of and compliance with the
ship’s occupational safety and health policy and programme; and
(d) specify the authority of the ship’s seafarers appointed or elected as safety rep-
resentatives to participate in meetings of the ship’s safety committee. Such a
committee shall be established on board a ship on which there are five or more
seafarers.
3. The laws and regulations and other measures referred to in Regulation 4.3,
paragraph 3, shall be regularly reviewed in consultation with the representatives of the
shipowners’ and seafarers’ organizations and, if necessary, revised to take account of
changes in technology and research in order to facilitate continuous improvement in
occupational safety and health policies and programmes and to provide a safe occupa-
tional environment for seafarers on ships that fly the Member’s flag.
4. Compliance with the requirements of applicable international instruments
on the acceptable levels of exposure to workplace hazards on board ships and on the
development and implementation of ships’ occupational safety and health policies and
programmes shall be considered as meeting the requirements of this Convention.
5. The competent authority shall ensure that:
(a) occupational accidents, injuries and diseases are adequately reported, taking into
account the guidance provided by the International Labour Organization with
respect to the reporting and recording of occupational accidents and diseases;
(b) comprehensive statistics of such accidents and diseases are kept, analysed and
published and, where appropriate, followed up by research into general trends
and into the hazards identified; and
(c) occupational accidents are investigated.
6. Reporting and investigation of occupational safety and health matters shall
be designed to ensure the protection of seafarers’ personal data, and shall take account
of the guidance provided by the International Labour Organization on this matter.
7. The competent authority shall cooperate with shipowners’ and seafarers’
organizations to take measures to bring to the attention of all seafarers information
concerning particular hazards on board ships, for instance, by posting official notices
containing relevant instructions.
8. The competent authority shall require that shipowners conducting risk eval-
uation in relation to management of occupational safety and health refer to appropri-
ate statistical information from their ships and from general statistics provided by the
competent authority.
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2. The competent authority should ensure that the national guidelines for the
management of occupational safety and health address the following matters, in
particular:
(a) general and basic provisions;
(b) structural features of the ship, including means of access and asbestos-related
risks;
(c) machinery;
(d) the effects of the extremely low or high temperature of any surfaces with which
seafarers may be in contact;
(e) the effects of noise in the workplace and in shipboard accommodation;
(f) the effects of vibration in the workplace and in shipboard accommodation;
(g) the effects of ambient factors, other than those referred to in subparagraphs (e)
and (f), in the workplace and in shipboard accommodation, including tobacco
smoke;
(h) special safety measures on and below deck;
(i) loading and unloading equipment;
(j) fire prevention and fire-fighting;
(k) anchors, chains and lines;
(l) dangerous cargo and ballast;
(m) personal protective equipment for seafarers;
(n) work in enclosed spaces;
(o) physical and mental effects of fatigue;
(p) the effects of drug and alcohol dependency;
(q) HIV/AIDS protection and prevention; and
(r) emergency and accident response.
3. The assessment of risks and reduction of exposure on the matters referred to
in paragraph 2 of this Guideline should take account of the physical occupational
health effects, including manual handling of loads, noise and vibration, the chemical
and biological occupational health effects, the mental occupational health effects, the
physical and mental health effects of fatigue, and occupational accidents. The neces-
sary measures should take due account of the preventive principle according to which,
among other things, combating risk at the source, adapting work to the individual, es-
pecially as regards the design of workplaces, and replacing the dangerous by the non-
dangerous or the less dangerous, have precedence over personal protective equipment
for seafarers.
4. In addition, the competent authority should ensure that the implications for
health and safety are taken into account, particularly in the following areas:
(a) emergency and accident response;
(b) the effects of drug and alcohol dependency; and
(c) HIV/AIDS protection and prevention.
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should review on an ongoing basis the problem of noise on board ships with the objective
of improving the protection of seafarers, in so far as practicable, from the adverse effects
of exposure to noise.
2. The review referred to in paragraph 1 of this Guideline should take account
of the adverse effects of exposure to excessive noise on the hearing, health and comfort
of seafarers and the measures to be prescribed or recommended to reduce shipboard
noise to protect seafarers. The measures to be considered should include the following:
(a) instruction of seafarers in the dangers to hearing and health of prolonged ex-
posure to high noise levels and in the proper use of noise protection devices and
equipment;
(b) provision of approved hearing protection equipment to seafarers where neces-
sary; and
(c) assessment of risk and reduction of exposure levels to noise in all accommodation
and recreational and catering facilities, as well as engine rooms and other machin-
ery spaces.
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without appropriate guards prevented, rests on the employer, while there is an obligation
on the worker not to use machinery without the guards being in position nor to make in-
operative the guards provided.
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play an active role, including through such means as information sessions, on-board
guidelines on maximum exposure levels to potentially harmful ambient workplace fac-
tors and other hazards or outcomes of a systematic risk evaluation process. In particular,
national or local joint occupational safety and health protection and accident prevention
committees or ad hoc working parties and on-board committees, on which shipowners’
and seafarers’ organizations concerned are represented, should be established.
3. Where such activity takes place at company level, the representation of sea-
farers on any safety committee on board that shipowner’s ships should be considered.
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Purpose: To ensure that measures are taken with a view to providing seafarers
with access to social security protection
1. Each Member shall ensure that all seafarers and, to the extent provided
for in its national law, their dependants have access to social security protection in ac-
cordance with the Code without prejudice however to any more favourable conditions
referred to in paragraph 8 of article 19 of the Constitution.
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9. Each Member shall establish fair and effective procedures for the settlement
of disputes.
10. Each Member shall at the time of ratification specify the branches for which
protection is provided in accordance with paragraph 2 of this Standard. It shall subse-
quently notify the Director-General of the International Labour Office when it pro-
vides social security protection in respect of one or more other branches stated in para-
graph 1 of this Standard. The Director-General shall maintain a register of this
information and shall make it available to all interested parties.
11. The reports to the International Labour Office pursuant to article 22 of the
Constitution, shall also include information regarding steps taken in accordance with
Regulation 4.5, paragraph 2, to extend protection to other branches.
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implement and enforce the principles and rights set out in the Articles of this Conven-
tion as well as the particular obligations provided for under its Titles 1, 2, 3 and 4.
2. Paragraphs 3 and 4 of Article VI, which permit the implementation of Part
A of the Code through substantially equivalent provisions, do not apply to Part A of
the Code in this Title.
3. In accordance with paragraph 2 of Article VI, each Member shall implement
its responsibilities under the Regulations in the manner set out in the corresponding
Standards of Part A of the Code, giving due consideration to the corresponding Guide-
lines in Part B of the Code.
4. The provisions of this Title shall be implemented bearing in mind that sea-
farers and shipowners, like all other persons, are equal before the law and are entitled
to the equal protection of the law and shall not be subject to discrimination in their ac-
cess to courts, tribunals or other dispute resolution mechanisms. The provisions of this
Title do not determine legal jurisdiction or a legal venue.
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relating to working and living conditions of the seafarers have been met to the extent
so certified.
5. Information about the system referred to in paragraph 2 of this Regulation, in-
cluding the method used for assessing its effectiveness, shall be included in the Member’s
reports to the International Labour Office pursuant to article 22 of the Constitution.
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(a) has the necessary expertise in the relevant aspects of this Convention and an ap-
propriate knowledge of ship operations, including the minimum requirements
for seafarers to work on a ship, conditions of employment, accommodation, rec-
reational facilities, food and catering, accident prevention, health protection,
medical care, welfare and social security protection;
(b) has the ability to maintain and update the expertise of its personnel;
(c) has the necessary knowledge of the requirements of this Convention as well as of
applicable national laws and regulations and relevant international instruments;
and
(d) is of the appropriate size, structure, experience and capability commensurate
with the type and degree of authorization.
2. Any authorizations granted with respect to inspections shall, as a minimum,
empower the recognized organization to require the rectification of deficiencies that it
identifies in seafarers’ working and living conditions and to carry out inspections in this
regard at the request of a port State.
3. Each Member shall establish:
(a) a system to ensure the adequacy of work performed by recognized organizations,
which includes information on all applicable national laws and regulations and
relevant international instruments; and
(b) procedures for communication with and oversight of such organizations.
4. Each Member shall provide the International Labour Office with a current
list of any recognized organizations authorized to act on its behalf and it shall keep this
list up to date. The list shall specify the functions that the recognized organizations
have been authorized to carry out. The Office shall make the list publicly available.
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7. Detailed requirements for the maritime labour certificate and the declara-
tion of maritime labour compliance, including a list of the matters that must be in-
spected and approved, are set out in Part A of the Code.
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(c) the master is familiar with the requirements of this Convention and the respon-
sibilities for implementation; and
(d) relevant information has been submitted to the competent authority or recog-
nized organization to produce a declaration of maritime labour compliance.
8. A full inspection in accordance with paragraph 1 of this Standard shall be car-
ried out prior to expiry of the interim certificate to enable issue of the full-term mari-
time labour certificate. No further interim certificate may be issued following the initial
six months referred to in paragraph 6 of this Standard. A declaration of mari-
time labour compliance need not be issued for the period of validity of the interim
certificate.
9. The maritime labour certificate, the interim maritime labour certificate and
the declaration of maritime labour compliance shall be drawn up in the form corre-
sponding to the models given in Appendix A5-II.
10. The declaration of maritime labour compliance shall be attached to the
maritime labour certificate. It shall have two parts:
(a) Part I shall be drawn up by the competent authority which shall: (i) identify the
list of matters to be inspected in accordance with paragraph 1 of this Standard;
(ii) identify the national requirements embodying the relevant provisions of this
Convention by providing a reference to the relevant national legal provisions as
well as, to the extent necessary, concise information on the main content of the
national requirements; (iii) refer to ship-type specific requirements under
national legislation; (iv) record any substantially equivalent provisions adopted
pursuant to paragraph 3 of Article VI; and (v) clearly indicate any exemption
granted by the competent authority as provided in Title 3; and
(b) Part II shall be drawn up by the shipowner and shall identify the measures adopted
to ensure ongoing compliance with the national requirements between inspections
and the measures proposed to ensure that there is continuous improvement.
The competent authority or recognized organization duly authorized for this purpose
shall certify Part II and shall issue the declaration of maritime labour compliance.
11. The results of all subsequent inspections or other verifications carried out
with respect to the ship concerned and any significant deficiencies found during any
such verification shall be recorded, together with the date when the deficiencies were
found to have been remedied. This record, accompanied by an English-language trans-
lation where it is not in English, shall, in accordance with national laws or regulations,
be inscribed upon or appended to the declaration of maritime labour compliance or
made available in some other way to seafarers, flag State inspectors, authorized offi-
cers in port States and shipowners’ and seafarers’ representatives.
12. A current valid maritime labour certificate and declaration of maritime
labour compliance, accompanied by an English-language translation where it is not in
English, shall be carried on the ship and a copy shall be posted in a conspicuous place on
board where it is available to the seafarers. A copy shall be made available in accordance
with national laws and regulations, upon request, to seafarers, flag State inspectors,
authorized officers in port States, and shipowners’ and seafarers’ representatives.
13. The requirement for an English-language translation in paragraphs 11 and
12 of this Standard does not apply in the case of a ship not engaged in an international
voyage.
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latest advances in technology and scientific findings concerning workplace design, taking
into account the inherent dangers of seafarers’ work, and to inform the seafarers’ repre-
sentatives accordingly, thereby guaranteeing a better level of protection of the seafarers’
working and living conditions on board.
4. The declaration of maritime labour compliance should, above all, be drafted
in clear terms designed to help all persons concerned, such as flag State inspectors,
authorized officers in port States and seafarers, to check that the requirements are be-
ing properly implemented.
5. An example of the kind of information that might be contained in a declar-
ation of maritime labour compliance is given in Appendix B5-I.
6. When a ship changes flag as referred to in Standard A5.1.3, paragraph 14(c),
and where both States concerned have ratified this Convention, the Member whose
flag the ship was formerly entitled to fly should, as soon as possible, transmit to the
competent authority of the other Member copies of the maritime labour certificate and
the declaration of maritime labour compliance carried by the ship before the change
of flag and, if applicable, copies of the relevant inspection reports if the competent
authority so requests within three months after the change of flag has taken place.
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13. The competent authority of each Member shall maintain records of inspec-
tions of the conditions for seafarers on ships that fly its flag. It shall publish an annual
report on inspection activities within a reasonable time, not exceeding six months, after
the end of the year.
14. In the case of an investigation pursuant to a major incident, the report shall
be submitted to the competent authority as soon as practicable, but not later than one
month following the conclusion of the investigation.
15. When an inspection is conducted or when measures are taken under this
Standard, all reasonable efforts shall be made to avoid a ship being unreasonably de-
tained or delayed.
16. Compensation shall be payable in accordance with national laws and regu-
lations for any loss or damage suffered as a result of the wrongful exercise of the in-
spectors’ powers. The burden of proof in each case shall be on the complainant.
17. Adequate penalties and other corrective measures for breaches of the re-
quirements of this Convention (including seafarers’ rights) and for obstructing inspec-
tors in the performance of their duties shall be provided for and effectively enforced
by each Member.
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(a) the importance of the duties which the inspectors have to perform, in particular
the number, nature and size of ships subject to inspection and the number and
complexity of the legal provisions to be enforced;
(b) the resources placed at the disposal of the inspectors; and
(c) the practical conditions under which inspections must be carried out in order to
be effective.
5. Subject to any conditions for recruitment to the public service which may be
prescribed by national laws and regulations, inspectors should have qualifications and
adequate training to perform their duties and where possible should have a maritime
education or experience as a seafarer. They should have adequate knowledge of sea-
farers’ working and living conditions and of the English language.
6. Measures should be taken to provide inspectors with appropriate further
training during their employment.
7. All inspectors should have a clear understanding of the circumstances in
which an inspection should be carried out, the scope of the inspection to be carried out
in the various circumstances referred to and the general method of inspection.
8. Inspectors provided with proper credentials under the national law should at
a minimum be empowered:
(a) to board ships freely and without previous notice; however, when commencing
the ship inspection, inspectors should provide notification of their presence to
the master or person in charge and, where appropriate, to the seafarers or their
representatives;
(b) to question the master, seafarer or any other person, including the shipowner or the
shipowner’s representative, on any matter concerning the application of the re-
quirements under laws and regulations, in the presence of any witness that the per-
son may have requested;
(c) to require the production of any books, log books, registers, certificates or other
documents or information directly related to matters subject to inspection, in
order to verify compliance with the national laws and regulations implementing
this Convention;
(d) to enforce the posting of notices required under the national laws and regulations
implementing this Convention;
(e) to take or remove, for the purpose of analysis, samples of products, cargo, drink-
ing water, provisions, materials and substances used or handled;
(f) following an inspection, to bring immediately to the attention of the shipowner,
the operator of the ship or the master, deficiencies which may affect the health
and safety of those on board ship;
(g) to alert the competent authority and, if applicable, the recognized organization
to any deficiency or abuse not specifically covered by existing laws or regulations
and submit proposals to them for the improvement of the laws or regulations; and
(h) to notify the competent authority of any occupational injuries or diseases affect-
ing seafarers in such cases and in such manner as may be prescribed by laws and
regulations.
9. When a sample referred to in paragraph 8(e) of this Guideline is being taken
or removed, the shipowner or the shipowner’s representative, and where appropriate
a seafarer, should be notified or should be present at the time the sample is taken or
removed. The quantity of such a sample should be properly recorded by the inspector.
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10. The annual report published by the competent authority of each Member,
in respect of ships that fly its flag, should contain:
(a) a list of laws and regulations in force relevant to seafarers’ working and living
conditions and any amendments which have come into effect during the year;
(b) details of the organization of the system of inspection;
(c) statistics of ships or other premises subject to inspection and of ships and other
premises actually inspected;
(d) statistics on all seafarers subject to its national laws and regulations;
(e) statistics and information on violations of legislation, penalties imposed and cases
of detention of ships; and
(f) statistics on reported occupational injuries and diseases affecting seafarers.
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(c) there are reasonable grounds to believe that the ship has changed flag for the pur-
pose of avoiding compliance with this Convention; or
(d) there is a complaint alleging that specific working and living conditions on the
ship do not conform to the requirements of this Convention;
a more detailed inspection may be carried out to ascertain the working and living con-
ditions on board the ship. Such 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 where the authorized of-
ficer has grounds to believe that any deficiencies constitute a serious breach of the re-
quirements of this Convention (including seafarers’ rights).
2. Where a more detailed inspection is carried out on a foreign ship in the port
of a Member by authorized officers in the circumstances set out in subparagraph (a),
(b) or (c) of paragraph 1 of this Standard, it shall in principle cover the matters listed
in Appendix A5-III.
3. In the case of a complaint under paragraph 1(d) of this Standard, the inspec-
tion shall generally be limited to matters within the scope of the complaint, although a
complaint, or its investigation, may provide clear grounds for a detailed inspection in
accordance with paragraph 1(b) of this Standard. For the purpose of paragraph 1(d) of
this Standard, “complaint” means information submitted by a seafarer, a professional
body, an association, a trade union or, generally, any person with an interest in the
safety of the ship, including an interest in safety or health hazards to seafarers on
board.
4. Where, following a more detailed inspection, the working and living condi-
tions on the ship are found not to conform to the requirements of this Convention, the
authorized officer shall forthwith bring the deficiencies to the attention of the master
of the ship, with required deadlines for their rectification. In the event that such defi-
ciencies are considered by the authorized officer to be significant, or if they relate to a
complaint made in accordance with paragraph 3 of this Standard, the authorized of-
ficer shall bring the deficiencies to the attention of the appropriate seafarers’ and ship-
owners’ organizations in the Member in which the inspection is carried out, and may:
(a) notify a representative of the flag State;
(b) provide the competent authorities of the next port of call with the relevant
information.
5. The Member in which the inspection is carried out shall have the right to
transmit a copy of the officer’s report, which must be accompanied by any reply re-
ceived from the competent authorities of the flag State within the prescribed deadline,
to the Director-General of the International Labour Office with a view to such action
as may be considered appropriate and expedient in order to ensure that a record is kept
of such information and that it is brought to the attention of parties which might be in-
terested in availing themselves of relevant recourse procedures.
6. Where, following a more detailed inspection by an authorized officer, the
ship is found not to conform to the requirements of this Convention and:
(a) the conditions on board are clearly hazardous to the safety, health or security of
seafarers; or
(b) the non-conformity constitutes a serious or repeated breach of the requirements
of this Convention (including seafarers’ rights);
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the authorized officer shall take steps to ensure that the ship shall not proceed to sea
until any non-conformities that fall within the scope of subparagraph (a) or (b) of this
paragraph have been rectified, or until the authorized officer has accepted a plan of ac-
tion to rectify such non-conformities and is satisfied that the plan will be implemented
in an expeditious manner. If the ship is prevented from sailing, the authorized officer
shall forthwith notify the flag State accordingly and invite a representative of the flag
State to be present, if possible, requesting the flag State to reply within a prescribed
deadline. The authorized officer shall also inform forthwith the appropriate ship-
owners’ and seafarers’ organizations in the port State in which the inspection was car-
ried out.
7. Each Member shall ensure that its authorized officers are given guidance, of
the kind indicated in Part B of the Code, as to the kinds of circumstances justifying de-
tention of a ship under paragraph 6 of this Standard.
8. When implementing their responsibilities under this Standard, each Member
shall make all possible efforts to avoid a ship being unduly detained or delayed. If a
ship is found to be unduly detained or delayed, compensation shall be paid for any loss
or damage suffered. The burden of proof in each case shall be on the complainant.
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complaint procedures have been explored. These would include the inadequacy of, or
undue delay in, the internal procedures or the complainant’s fear of reprisal for lodging
a complaint.
4. In any investigation of a complaint, the authorized officer should give the
master, the shipowner and any other person involved in the complaint a proper oppor-
tunity to make known their views.
5. In the event that the flag State demonstrates, in response to the notification
by the port State in accordance with paragraph 5 of Standard A5.2.2, that it will handle
the matter, and that it has in place effective procedures for this purpose and has sub-
mitted an acceptable plan of action, the authorized officer may refrain from any fur-
ther involvement with the complaint.
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APPENDIX A5-I
The working and living conditions of seafarers that must be inspected and ap-
proved by the flag State before certifying a ship in accordance with Standard A5.1.3,
paragraph 1:
Minimum age
Medical certification
Qualifications of seafarers
Seafarers’ employment agreements
Use of any licensed or certified or regulated private recruitment and placement service
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
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APPENDIX A5-II
1 For ships covered by the tonnage measurement interim scheme adopted by the IMO, the gross ton-
nage is that which is included in the REMARKS column of the International Tonnage Certificate (1969).
See Article II(1)(c) of the Convention.
2 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 ship-
owners in accordance with this Convention, regardless of whether any other organizations or persons fulfil cer-
tain of the duties or responsibilities on behalf of the shipowner. See Article II(1)(j) of the Convention.
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Appendix A5-II
This is to certify:
1. That this ship has been inspected and verified to be in compliance with the
requirements of the Convention, and the provisions of the attached Declaration of
Maritime Labour Compliance.
2. That the seafarers’ working and living conditions specified in Appendix A5-I
of the Convention were found to correspond to the abovementioned country’s national
requirements implementing the Convention. These national requirements are sum-
marized in the Declaration of Maritime Labour Compliance, Part I.
This Certificate is valid until .................................... subject to inspections in accord-
ance with Standards A5.1.3 and A5.1.4 of the Convention.
This Certificate is valid only when the Declaration of Maritime Labour Compliance
issued
at ................................................................. on ................................................... is attached.
Completion date of the inspection on which this Certificate is based was .............................
Issued at .................................................... on ........................................................................
Signature of the duly authorized official issuing the Certificate
(Seal or stamp of issuing authority, as appropriate)
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Appendix A5-II
95
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Substantial equivalencies
(Note: Strike out the statement which is not applicable)
The following substantial equivalencies, as provided under Article VI, para-
graphs 3 and 4, of the Convention, except where stated above, are noted (insert de-
scription if applicable):
...................................................................................................................................................
...................................................................................................................................................
No equivalency has been granted.
Name: .................................................................
Title: ...................................................................
Signature: ...........................................................
Place: ..................................................................
Date: ...................................................................
(Seal or stamp of the authority,
as appropriate)
Exemptions
(Note: Strike out the statement which is not applicable)
The following exemptions granted by the competent authority as provided in
Title 3 of the Convention are noted:
...................................................................................................................................................
...................................................................................................................................................
No exemption has been granted.
Name: .................................................................
Title: ...................................................................
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Appendix A5-II
Signature: ...........................................................
Place: ..................................................................
Date: ...................................................................
(Seal or stamp of the authority,
as appropriate)
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Appendix A5-II
I hereby certify that the above measures have been drawn up to ensure ongoing com-
pliance, between inspections, with the requirements listed in Part I.
Name of shipowner: 1 ........................................
.............................................................................
Company address: ............................................
.............................................................................
Name of the authorized signatory: .................
.............................................................................
Title: ...................................................................
Signature of the authorized signatory:
.............................................................................
Date: ...................................................................
(Stamp or seal of the shipowner 1)
The above measures have been reviewed by (insert name of competent authority or
duly recognized organization) and, following inspection of the ship, have been deter-
mined as meeting the purposes set out under Standard A5.1.3, paragraph 10(b), re-
garding measures to ensure initial and ongoing compliance with the requirements set
out in Part I of this Declaration.
Name: .................................................................
Title: ...................................................................
Address: .............................................................
.............................................................................
.............................................................................
Signature: ...........................................................
Place: ..................................................................
Date: ...................................................................
(Seal or stamp of the authority,
as appropriate)
1 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 ship-
owners in accordance with this Convention, regardless of whether any other organizations or persons fulfil cer-
tain of the duties or responsibilities on behalf of the shipowner. See Article II(1)(j) of the Convention.
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1 For ships covered by the tonnage measurement interim scheme adopted by the IMO, the gross ton-
nage is that which is included in the REMARKS column of the International Tonnage Certificate (1969).
See Article II(1)(c) of the Convention.
2 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 ship-
owners in accordance with this Convention, regardless of whether any other organizations or persons fulfil cer-
tain of the duties or responsibilities on behalf of the shipowner. See Article II(1)(j) of the Convention.
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Appendix A5-II
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APPENDIX A5-III
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Name of ship
M.S. EXAMPLE
IMO number
12345
L E Gross tonnage
1,000
P
is maintained in accordance with Standard A5.1.3 of the Convention.
The undersigned declares, on behalf of the abovementioned competent author-
M
ity, that:
(a) the provisions of the Maritime Labour Convention are fully embodied in the
A
national requirements referred to below;
(b) these national requirements are contained in the national provisions referenced
X
below; explanations concerning the content of those provisions are provided
where necessary;
E
(c) the details of any substantial equivalencies under Article VI, paragraphs 3 and 4,
are provided <under the corresponding national requirement listed below> <in
the section provided for this purpose below> (strike out the statement which is not
applicable);
(d) any exemptions granted by the competent authority in accordance with Title 3
are clearly indicated in the section provided for this purpose below; and
(e) any ship-type specific requirements under national legislation are also referenced
under the requirements concerned.
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L E
P
A M
E X
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Appendix B5-I
E
consult the competent officer in case of doubt. A copy of the note, with the sea-
farer’s signature under “received and read”, and the date of signature, is kept by
L
the competent officer.
P
2. Medical certification (Regulation 1.2) X
The medical certificates are kept in strict confidence by the competent officer, to-
gether with a list, prepared under the competent officer’s responsibility and stating
M
for each seafarer on board: the functions of the seafarer, the date of the current
medical certificate(s) and the health status noted on the certificate concerned.
A
In any case of possible doubt as to whether the seafarer is medically fit for a par-
ticular function or functions, the competent officer consults the seafarer’s doctor or
another qualified practitioner and records a summary of the practitioner’s conclu-
E X
sions, as well as the practitioner’s name and telephone number and the date of the
consultation.
...................................................................................................................................................
...................................................................................................................................................
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