Maritime Labour Convention, 2006
DRAFT
Declaration of Maritime Labour Compliance
The United Kingdom has not yet ratified the Maritime Labour Convention. However in readiness, the Maritime and Coastguard Agency has produced the following provisional guidance on preparation of the Shipowner's Declaration of the Maritime Labour Compliance Part 2. This will be subject to further consultation but provides a basis on which shipowners may wish to start to prepare their documentation., using the MLC, 2006 regulations and standards, and existing UK regulations, as the basis.
"Each Member shall accept the maritime labour certificate and the declaration of maritime labour compliance required under Reg 5.1.3 as prima facie evidence of compliance with the requirements of this Convention (including seafarers' rights). Accordingly, the inspection in its ports shall, except in the circumstances specified in this Code, be limited to a review of the certificate and declaration."
Source : Maritime Labour Convention Reg 5.2.1 Port State Responsibilities (2)
Declaration of Maritime Labour Compliance
The Declaration of Maritime Compliance is in two parts. Part I is to be completed by the attending surveyor and will identify the topics for inspection, and list the relevant pieces of legislation implementing the MLC,2006 together with any substantial equivalences and exemptions that have been granted.
The DMLC-Part II is to be completed by the shipowner and verified by the attending surveyor when the first inspection is completed. The part II declaration details the measures adopted by the shipowner to ensure ongoing compliance with the national requirements (i.e 14 items listed in Appendix A5.1 of the MLC,2006) and the measures proposed to ensure there is continuous improvement. Guidance on what should be included in the DMLC-Part II is provided below.
It is important that the DMLC-Part II is drafted in clear terms and is designed to help all those concerned to easily check that the requirements are being properly implemented.
Where a shipowner has ships under a number of flags consideration should be given to keeping the DMLC-Part II generic in order to avoid having to produce one specifically for each flag State. Detailed guidance can then be contained within other referenced documents.
The measures included in the DMLC-Part II should indicate the occasions on which ongoing compliance with UK legislation will be verified, the person(s) responsible for verification, the records to be taken together with the procedure to be followed where non-compliance with the MLC, 2006 is noted. The DMLC-part II may take a number of forms and could make reference to procedures adopted as part of the Safety Management System as required by the ISM Code.
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Declaration of Maritime Labour Compliance - Part II
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Measures adopted 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 I)
| 1. MINIMUM AGE (Reg 1.1) |
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The following should be included;
To ensure compliance the master will check that the seafarer is over 16 by inspecting the individual’s passport/discharge book.
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| 2. QUALIFICATIONS OF SEAFARERS (Reg 1.3) |
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The declaration should state:
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| 4. SEAFARERS' EMPLOYMENT AGREEMENTS (Reg 2.1) |
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This section should include:
Details of authorised representatives for signing the SEA on behalf of the shipowner. |
| 5. USE OF ANY LICENSED OR CERTIFIED OR REGULATED PRIVATE RECRUITMENT AND PLACEMENT SERVICE (Reg 1.4) |
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This section should include:
Confirmation that as far as practicable the shipowner has the means to protect seafarers from being stranded in a foreign port together with confirmation that a system of protection is in place by way of insurance or an equivalent measure to compensate seafarers for monetary loss resulting from the failure of either the manning agencies or the shipowner to meet their obligations to the seafarers. |
| 6. HOURS OF WORK AND REST (Reg 2.3) |
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This section should include information on:
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| 7. MANNING LEVELS FOR THE SHIP (Reg 2.7) |
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The following should be included:
Information on who the master should contact if he has any concerns regarding manning. |
| 8. ACCOMMODATION (Reg 3.1) |
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If the ship was constructed prior to the MLC,2006 coming in to force then a statement should be made to the effect that the crew accommodation was constructed in accordance with ILO Conventions C92 and C133. If so the keel laying date should be included. In addition the following should be included:
Whether seafarers partners, relatives or friends are permitted to visit the ship when it is in port. |
| 9. ONBOARD RECREATIONAL FACILITIES (Reg 3.1) |
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This section should as a minimum give information on what recreation facilities (for example, DVD players, televisions, sports equipment etc) are provided on board. Where appropriate the location of the upper deck area that is reserved for seafarers.
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| 10. FOOD AND CATERING (Reg 3.2) |
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The following should be included:
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| 11. HEALTH AND SAFETY AND ACCIDENT PREVENTION (Reg 4.3) |
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The following should be included:
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| 12. ONBOARD MEDICAL CARE (Reg 4.1) |
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This section should cover:
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| 13. ONBOARD COMPLAINTS PROCEDURES (Reg 5.1.5) |
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The following should be included:
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| 14. PAYMENT OF WAGES (Reg 2.2) |
| This section should include information concerning pay slips, charges for allotments and frequency of the payment of wages together with how the rate of exchange is determined. |
If you have any specific queries or concerns relating to the Declaration please contact
Inspection and Survey Branch directly on : +44 (02) 380 329 549 or email InspectionOps@mcga.gov.uk