SAMPLE DMLC Part II
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TABLE OF CONTENT |
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07.02.2013 |
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Maritime Labour Convention, 2006 |
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Declaration of Maritime Labour Compliance – Part II |
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Antigua & Barbuda
Measures to ensure ongoing compliance between inspections
The following measures have been drawn up by the shipowner, named in the Maritime Labour Certificate to which this Declaration is attached, to ensure ongoing compliance between inspections:
(State below the measures drawn up to ensure compliance with each of the items in Part 1)
1. Minimum Age (regulation 1.1)
see MLC-Manual – Chapter 0.2 Terminology and Chapter 1.1 Minimum Age
2.Medical certification (regulation 1.2)
see MLC-Manual – Chapter 1.2 Medical Certificate
3. Qualification of seafarers (regulation 1.3
see MLC-Manual – Chapter 1.3 Training and qualifications
4. Seafarer’s employment agreements (Regulation 2.1)
see MLC-Manual – Chapter 2.1 Seafarers employment agreements
5.Use of any licensed or certified or regulated private recruitment and placement service
(Regulation 1.4)
see MLC-Manual – Chapter 1.4 Recruitment and replacement
6.Hours of work or rest (regulation 2.3)
see MLC-Manual – Chapter 2.3 Hours of work and hours of rest
MLC-MANUAL
TITLE 1 – MINIMUM REQUIREMENTS FOR SEAFARERS TO WORK ON A SHIP
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7.Manning levels for the ship (regulation 2.7).
see MLC-Manual – Chapter 2.7 Manning Levels
8.Accommodation (Regulation 3.1)
see MLC-Manual – Chapter 3.1 Accommodation and Recreational Facilities
9.On-board recreational facilities (Regulation 3.1)
see MLC-Manual – Chapter 3.1 Accommodation and Recreational Facilities
10.Food and catering (Regulation 3.2)
see MLC-Manual – Chapter 3.2 Food and Catering
11.Health and Safety and accident prevention (regulation 4.3)
see MLC-Manual – Chapter 4.3 Health and Safety Protection and Accident Prevention
12.On-board medical care (regulation 4.1)
see MLC-Manual – Chapter 4.1 Medical Care on board ship and ashore
13.On-board complaint procedures (regulation 5.1.5)
see MLC-Manual – Chapter 5 and Chapter 5.1 On-board Complaint Procedure
14.Payment of wages (regulation 2.2)
see MLC-Manual Chapter 2.2 Wages
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TITLE 1 – MINIMUM REQUIREMENTS FOR SEAFARERS TO WORK ON A SHIP
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I hereby certify that the above measures have been drawn up to ensure ongoing compliance, between inspections, with the requirements listed in Part I.
Name of shipowner1: |
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Company address: |
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Name of authorised signatory: |
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Title: |
DPA |
Signature of authorised signatory: |
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Date: |
07.02.2013 |
Official stamp or seal of shipowner1 |
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The above measures have been reviewed by the competent authority or recognised organisation and, following inspection of the ship, have been determined as meeting the purposes set out under Standard A5.1.3 paragraph 10(b), regarding measures to ensure initial and ongoing compliance with the requirements set out in Part I of this Declaration.
Name:
Title:
Address:
Signature:
Place:
Date:
Stamp of Competent Authority or Recognised Organisation
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 shipowners in accordance with this Convention, regardless of whether any other organisations or persons fulfil certain of the duties or responsibilities on behalf of the shipowner. See Article II (1(j) of the Convention.
MLC-MANUAL
TITLE 1 – MINIMUM REQUIREMENTS FOR SEAFARERS TO WORK ON A SHIP
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Table of Content
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CHAPTER |
TOPIC |
PAGE |
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0 |
General |
1 |
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0.1 |
Scope |
2 |
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0.2 |
Terminology |
2 |
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0.3 |
Intention of the MLC-system |
2 |
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0.4 |
Responsibilities |
3 |
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1 |
Minimum requirements for seafarers to work on a ship |
4 |
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1.1 |
Minimum age |
4 |
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1.2 |
Medical Certificate |
4 |
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1.3 |
Training and qualification |
5 |
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1.4 |
Recruitment and replacement |
5 |
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2 |
Condition of employment |
6 |
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2.1 |
Seafarers employment agreements (SEA) |
6 |
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2.2 |
Wages |
6 |
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2.3 |
Hours of work and hours of rest |
7 |
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2.4 |
Entitlement to leave |
7 |
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2.5 |
Repatriation |
7 |
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2.6 |
Inspection and Certification |
8 |
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2.7 |
Manning Levels |
8 |
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3 |
Accommodation. Recreational facilities, food and catering |
9 |
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3.1 |
Accommodation and recreational facilities |
9 |
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3.2 |
Food and catering |
9 |
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4 |
Health protection. medical care, welfare and social security protection |
10 |
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4.1 |
Medical care on board ship and ashore |
10 |
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4.2 |
Shipowners liability |
10 |
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4.3 |
Health and safety protection and accident prevention |
11 |
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4.3.1 Occupational health and safety policy |
11 |
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4.3.2 Health and Safety committee |
12 |
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4.3.3 Risk Evaluation |
12 |
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4.3.4 Occupational health and accident prevention notices |
12 |
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4.3.5 Reporting of occupational accidents |
12 |
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4.3.6 Procedures to prevent identified risks |
13 |
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4.4 |
n/a |
-- |
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4.5 |
Social Security |
18 |
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5 |
Compliance and Enforcement |
19 |
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5.1 |
On-board Complaint Procedure |
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5.2 |
Contact Information |
20 |
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6 |
Document Matrix |
21 |
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7 |
Overview On board References |
22 |
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0 GENERAL |
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0.1 – Scope
The Healthand Safety-Management-System is compulsory for all vessels managed by
hereinafter called MLC (Ship-)Owner.
This MLC-system complies with the requirements of the Maritime Labour Convention 2006 and the additional requirements of the respective flagstate.
0.2 - Terminology
Accident |
Describes any unplanned event which causes illness, injury, property damage or loss |
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Complaint |
a breach of the requirements of the Maritime Labour Convention 2006 (including |
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seafarers' rights) |
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Hazard |
Means anything which may cause harm, which include illness, injury, property damage or |
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loss |
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Hours or rest |
time outside hours of work |
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Hours of work |
time during which seafarers are required to do work on account of the ship |
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Illness |
Includes acute and chronic ill health caused by physical, biological or chemical agents, as |
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well as adverse effects on mental state |
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Incident |
Includes all accidents, as well as near misses, dangerous occurrences and other |
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unwanted circumstances which have the potential to cause accidents |
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MLC |
Maritime Labour Convention |
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Night |
21:00 – 06:00 hours |
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Risk |
Is a measure of the likelihood that a specific (unwanted) event will occur |
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Seafarer |
any person who is employed or engaged or works in any capacity on board a ship |
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MLC (Ship-)Owner |
as per definition of MLC 2006 and stated in the DMLC part II (DOC holder) |
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Crewing Manager |
contracted by the MLC Owner to take of responsibilities as stated hereinafter and |
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acc. to the Letter of Engagement (messrs. MARLOW Navigation Co. Ltd. Or |
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MARCREW Schiffahrts GmbH) |
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0.3 Intention of the MLC-system
It is the intention of this MLC-system to achieve:
-decent work for all seafarers
-decent working and living conditions on board
-fair terms of employment
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0 GENERAL |
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0.4 Responsibilities
The responsibilities and authorities of key personnel have been defined as follows:
Person/ Entity |
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MLC Owner
-ensuring that the Crewing Manager acts in compliance with the requirements of the MLC 2006 and as contracted to him (ref. Ch. V references & forms “Letter of Engagement of Services”) by monitoring same per close cooperation and communication and yearly checks
-ensuring that the vessels and accommodation are constructed in compliance with the provisions of MLC 2006
-verifying the implementation of the MLC convention on board by carrying audit internal audits yearly (ref. to SBM ch. 12.1 Internal/External Audits + Forms)
-ensuring that food and drinking water are of appropriate quality
-reviewing that the minimum hours of rest/ maximum hours of work are complied with
Designated Person (nominated by the MLC Owner)
Crewing Manager
-dealing with complaints from board, if necessary
-providing seafarers with impartial advice on their complaints, if necessary
-assisting seafarers in the complaint procedure, if necessary
-direct link between ship and shore regarding occupational health and safety
(ref. Ch. V references & forms “Letter of Engagement of Services”)
-ensuring that the vessels are at any time manned in compliance with the Safe Manning Document with qualified and fit seafarers
-providing fair and complete Seafarers Employment Agreements
-initiating the payment of wages/ allotments
-providing the seaman with paid annual leave
-repatriating seafarers free of charge
-defraying the expense of medical care until seafarers recovery
-ensuring health protection and access to prompt, adequate and free medical care for seafarers
-ensuring the seafarers right to material assistance in cases of sickness, injury or death
-providing compensation in the event of death or long-term disability
-contracting forfinancial security to assure compensation in the event of death or long-term disability of seafarers due to an occupational injury, illness or hazard
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- ensuring that the minimum hours of rest/ maximum hours of work are complied with |
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- allowing seafarers an appropriate level of shore leave under consideration of special |
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circumstances e.g. ship’s and seafarer’s safety and security, port regulations, cargo |
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operations, laytime |
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- ensuring that inspections of the accommodation, food, water and catering facilities are |
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carried out in required intervals |
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- ensuring that food and drinking water are of appropriate quality |
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- safeguarding the property of sick, injured or deceased seafarers, if necessary |
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Crew |
- undertake to work as per this healthand safety management manual and –procedures |
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- maintain healthand safety awareness |
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Cook |
- preparation of weekly menu plans |
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TITLE 1 – MINIMUM REQUIREMENTS FOR SEAFARERS TO WORK ON BOARD
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1.1 – Minimum age
Crewing
Manager
Master
checks the age of all seafarers to be employed
ensures that no seafarer is engaged below the age of 16
ensures that no cook is engaged under the age of 18
cross-checks upon embarkation that seafarers are not below the age of 16
does not allow seafarers below the age of 16 to embark
ensures that following types of works are prohibited / restricted for young seafarer below the age of 18 unless they are closely supervised by a competent person on board and if not part of their special training program:
-the lifting, moving and carrying of heavy loads or objects;
-entry into boiler, tanks or cofferdams
-exposure to harmful noise and vibration levels;
-operating hoisting and other power machinery and tools, or acting as signallers to operators of such equipment;
-handling mooring or tow lines or anchoring equipment;
-rigging;
-work aloft or on deck in heavy weather;
-night-watch duties and night work;
-servicing of electrical equipment;
-exposure to potentially harmful materials, or harmful physical agents such as dangerous or toxic substances and ionizing radiations;
-the cleaning of catering machinery
-the handling or taking charge of ships' boats
-hot works
-work in enclosed and confined spaces
-work outboard or aloft
-and other works that the flagstate may specify
1.2 Medical certificate
Crewing
Manager
MLC Owner
checks the medical certificates of all seafarers to be employed
ensures that only seafarers are engaged with a medical certificate being:
-valid (for maximum two years)
-in English language
-being issued by a duly qualified medical practitioner issued by countries that are signatories to the STCW Convention
provides a “List of approved medical practitioners” on board (see MLC File Ch. 5 no. 1.2)
ensures that only seafarers are engaged holding a valid (for maximum six years) colour vision certificate
ensures that seafarers below the age of 18 hold a medical certificate valid for 12 months only
Master |
cross-checks the above upon embarkation |
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if above mentioned is not available, local (crewing) agency to be contacted and medical |
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examination and new medical certificate to be arranged before seafarer signs on; if no possibility |
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to arrange, the seafarer is to be sent home |
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1.3 Training and qualifications
Crewing
Manager + MLC
Owner
Master
checks the licences/ certificates of all seafarers to be employed in conformity with the vessels Safe Manning Certificate
ensures that only seafarers are engaged with complete and valid certificates and licences (required for their position on board)
cross-checks the above upon embarkation and familiarise the seafarer with the specific ship’s equipment related to his duties and ship’s and personal safety measures on board (ref. to SBM
Shipboard Manual, Ch. 6, no. 9 “Seafarer’s ,Briefing and Familiarisation Form”)
if the seafarer turned out to be not properly trained /qualified, the master has to contact the MLC Owner and Crewing Manager in order to discuss further steps
1.4 Recruitment and replacement
MLC Owner
Crewing
Manager
MLC Owner +
Crewing
Manager
ensures that only crewing-agencies are engaged, which are licensed, certified or regulated in accordance with MLC 2006
when in use, recruitment services placed in Antigua, must also be licensed by ADMOS, and objective evidence is to be provided on board
supervises the validity of the manning agencies certificates and updates the vessels records accordingly
ensures that seafarers are not charged by the crewing-agencies for their services
provides on board objective evidence that the crewing-agencies having supplied the crew on board are licensed, certified or regulated in accordance with MLC 2006 (via providing copies of the licenses of all engaged manning agencies or copies of ILO MLC standard A1.4 compliance audit reports)
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TITLE 2 – CONDITION OF EMPLOYMENT |
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2.1 Seafarers employment agreements (SEA)
Crewing
Manager
Master
ensures that seafarers receive a copy of the SEA which is signed by the seafarer and a representative of the MLC Owner the ship and which is available on board for inspection (see Engagement of Services Form Article 5.2)
provides the Master with objective evidence that the agency having signed the SEA is authorised by the MLC Owner of the ship (see Engagement of Services Form Article 5.4 – C)
ensures that the SEA is in English language and contains the following:
- name, date and place of birth of seafarer |
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details about the termination of the |
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- name and address of MLC Owner |
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contract |
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- date and place of agreed employment |
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entitlement for repatriation |
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- capacity/ job description of the seafarer |
- reference to collective bargaining |
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wages (if applicable a formula for calculations) |
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agreements |
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monthly annual leave (if applicable a formula |
- health and social security |
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for calculations) |
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ensures that seafarers are given an opportunity to examine and seek advice and freely accept the SEA before signing (see SEA / CBA Declaration Form)
provides the Master with a collective bargaining agreement (if applicable)
has copies of the SEA available on board for inspection
provides a record of employment, not containing any statement of the quality of work or wages, to the seafarer (e.g. a seaman’s book) on completion of engagement
Seafarer |
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ensure that in case of an ordinary termination the minimum notice period of 7 days is |
Crewing |
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adhered to |
Manager |
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Seafarers may terminate the SEA without notice: |
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-on compassionate grounds
-if the ship is detained in respect of SOLAS or Loadline defects for 30 days or more
-if the ship is arrested for 30 days or more, or is about to sail to a war zone to which the seafarer does not consent to go
Crewing Manager / Employer may terminate at less than 7 days notice when:
-the ship is sold or lost
-the seafarer is unable to continue to perform his duties due to illness or injury
-the seafarer is determined to be incompetent or guilty or a serious disciplinary offence
2.2 Wages
Crewing |
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ensures that seafarers are paid in no greater than monthly intervals |
Manager |
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ensures that no deductions for travel to or from the ship are made |
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ensures that charges for remittance are reasonable and that exchange rates are in accordance |
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with national requirements (see Engagement of Services Form Article 5.4 - D) |
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Crewing |
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maintains a record containing copies of the monthly wages accounts of the seafarers for |
Manager |
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inspection |
Master |
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calculate basic pay with 48 normal hours per week and overtimes with not less than 1.25 |
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times basic pay rate |
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provides the seafarers with a monthly account indicating their monthly wage, additional |
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payments, rate of exchange (where payment is made in a currency different from that in the |
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seafarers employment agreement) and any authorized deductions as allotments |
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provides the seafarer with means to transmit all or part of their earnings to beneficiaries |
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TITLE 2 – CONDITION OF EMPLOYMENT |
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2.3 Hours of work and hours of rest |
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Master |
displays in an easily accessible place on board and in English language, a standardised table |
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of shipboard working arrangements (ref. ILO Table of Shipboard Working Arrangements) for |
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max. hours of work or the min. hours of rest and the schedule for service at sea and in port |
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ensures that the “AZ See Program” (being in compliance with IMO/ ILO-format) is fully |
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implemented on board to comply with the below provisions regarding working/ rest times |
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provides the seafarer with a printed copy of the above, if he requires this |
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ensures that hours of rest must not be less than ten hours in any 24-hour period and 77 hours |
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in any seven-day period |
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ensures that hours of work must not exceed 14 hours in any 24 hour period and 72 hours in |
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any seven-day period |
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ensures that hours of rest may be divided into no more than two periods, one of which must |
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be at least six hours; the interval between consecutive periods of rest must not exceed 14 |
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hours |
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takes into account that hours of rest do not include short breaks of less than 1 hour |
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takes count of the danger posed by the fatigue of seafarers |
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directs rest times via AZ-See to the company on a monthly basis |
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keeps records of the rest hours and provides each seafarer with a copy of same endorsed by |
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him or an authorised person |
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minimises the disturbance to hours of rest when arranging drills and trainings |
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observes that hours of rest may be breached in cases of emergency provided that |
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compensatory rest is provided on the conclusion of the situation |
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may exempt watch keeping officers or ratings forming part of a navigational watch or crew |
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whose duties involve designated safety, pollution prevention or security duties (as per MLC A |
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2.3 and STCW Convention) |
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MLC Owner |
cross-checks that the above requirements regarding hours of rest/ work are complied with |
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2.4 Entitlement to leave
Crewing
Manager
Master
provides the seafarers with paid annual leave (minimum 2.5 calendar days per month of employment)
allows seafarers an appropriate level of shore leave under consideration of special circumstances e.g ship’s and seafarer’s safety and security, port regulations, cargo operations, laytime
2.5 Repatriation
Crewing
Manager
MLC Owner
repatriates seafarers at no cost to themselves:
-upon expiry of the SEA
-when the SEA is terminated by either party for justified reasons
-when the seafarer is no longer able to carry out his/ her duties under the SEA under specific circumstances; those include illness or injury, bounding for a war zone, and termination of employment in accordance with an industrial award or C.B.A
provides financial security to ensure that repatriation will occur as stated in the P&I-Entry- Certificate of Crewing Manager; copy of same must be provided on board
provides the Master with a copy of the Flag State provisions regarding repatriation
ensures that seafarers are repatriated at no costs in the event of shipwreck and in case the (MLC-) shipowner not being able to continue to fulfil their legal contractual obligations as an employer of the seafarers by reason of insolvency, sale of ship, change of registration or any other similar reason (see MLC Owner’s P&I Skuld Policy)
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displays the Flag State provisions for repatriation in a public place on board |