INDUSTRY RESPONSE/ SEAFARER CONCERNS
Understanding the MLC, 2006 & Revised STCW Regulations
29 October 2009 5th Maritime HR & Crew Development ACI Conference London, UK Presented by: Captain Robert A. Fay Senior Vice President, Maritime Operations
TRIPARTITE AGREEMENT
MLC
SEAFARERS
THE REPUBLIC OF THE MARSHALL ISLANDS
WHO ARE WE?
International Registries, Inc. and its affiliates are the Maritime and Corporate Administrators of the Marshall Islands Registry International Registries, Inc. provides a broad spectrum of services for the shipping and financial services industries
As of 30 September 2009: 2066 vessels 50,589,810 gross tons
MLC, 2006 RATIFICATION
68 ILO Maritime Labour Instruments consolidated and updated, adopted by ILO in February 2006 Tonnage requirements have been met with a total share of 33% or more of the worlds gross tonnage 30 countries needed for ratification Ratified by four largest open registries before signed by National Flags
WHERE WE ARE CURRENTLY
Legislative Changes to Marshall Islands Maritime Act completed
Regulatory
Marshall Islands Marine Notices prepared to educate stakeholders
Declaration of Maritime Labour Compliance (DMLC) Part I
DMLC established and reviewed in consultation with recognized organizations (ROs) and inspectors
Training
ROs and inspectors
MLC REGULATIONS AND CODE
Five Titles of the Regulations and the Code: 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
MARITIME LABOUR CERTIFICATE
DMLC Part Icontains 14 main areas for inspection standards:
Minimum age Medical certification Qualifications of seafarers Seafarer employment agreements Accommodation Onboard recreational facilities Food and catering Health and safety and accident prevention Onboard medical care Onboard complaint procedures
Use of recruitment and placement service
Hours of work or rest
Manning levels
Payment of wages
ENFORCEMENT RESPONSIBILITIES
Submit quality assessment reports to the ILO ILO Special Tripartite Committee will continuously review the working of the convention Port state inspection Possession of Maritime Labour Certificate and DMLC is prima facie evidence of compliance More detailed inspection if: Clear grounds not in compliance Reasonable grounds re-flagged to avoid compliance Complaint alleging non-conformance Non-conformities can result in detentions
FLAG STATE TRANSPARENCY
Register of Vessels
Legal Infrastructure Safety Supervision
Manning Regulations
Environmental Protection Accident Investigation
MLC/STCW REVIEW
Will new regulatory initiatives deliver highly trained crews? Refresher training?
Reassessments?
INDUSTRY COOPERATION
Regulatory initiatives alone fall short Only the combined efforts and cooperation of all maritime industry stakeholders can help assure the quality and training, and ultimately the safety, of vessels and crews
CREW EXPECTATIONS
The MLC IS a Labour Convention The MLC is NOT a Collective Bargaining Agreement The MLC IS an update and compilation of existing Conventions The MLC is the MINIMUM standard required for all
The MLC is NOT a new tool for Port State Control
The MLC is a win-win-win standard for seafarers, ship owners and governments
BALANCING SHIP & SHORE LIFE
The MLC is designed to ensure minimum standards for seafarers Costs and conditions will equalize for conscientious operators and the provisions of no more favorable treatment will put substandard ships and operators at a disadvantage Improved living and social conditions will attract new seafarers and help to retain experienced crews The MLC will establish a mechanism for seafarer input and continuous improvement of general ship board conditions
The image of the maritime industry will improve
BALANCING SHIP & SHORE LIFE
VALUE-ADDED EFFECTS
Greater incentive/increased productivity
Reduced poaching of experienced crew
Less fatigue, less stress, less turnover
STCW GENERAL CHANGES
Harmonization of definitions with MLC Seafarerall encompassing for shipboard personnel
Certificate of Competency/Proficiency and requirements
Able Seafarer Deck AND Engine Establish mandatory minimum medical requirements
Strengthen accountability requirements for all parties
Recommendations for ECDIS training and other electronic methods of navigation
Define electric/electronics officers
STCW DECK CHANGES
II/5 Mandatory minimum requirements for certification of ratings as able seafarer deck While qualified as II/4, must have 18 months of sea service or 12 months with approved training and meet standards specified in Part A of the STCW Code Mandatory ECDIS trainingless emphasis on celestial navigation and light signaling Recommendations for training in OSV and Dynamic Positioning vessels
STCW TANKERS/SPECIAL PURPOSE
Regulation V/1-1 Mandatory minimum requirements for training and qualification of masters, officers and ratings on oil and chemical tankers Regulation V/1-2 Mandatory minimum requirements for training and qualification of masters, officers and ratings on liquefied gas tankers
Strengthen training, service, fire-fighting and knowledge requirements and assessments for tanker personnel
Security awareness and refresher training requirements strengthened for all officers and ratings
STCW ENGINE CHANGES
III/5 Mandatory minimum requirements for certification of ratings as able seafarer engine in a manned engine-room or designated to perform duties in periodically unmanned engine-room III/6 Mandatory minimum requirements for certification of electrotechnical officer III/7 Mandatory minimum requirements for certification of senior electro-technical officer III/8 Mandatory minimum requirements for certification of ratings as able seafarer electro-engineering in a manned engine-room or designated to perform duties in periodically unmanned engineroom Establishes training and standards for the above capacities and strengthens security and environmental training for all
PLANS FOR THE FUTURE
Training and educational seminars for owners in key locations worldwide Factors affecting the human element on ships the people are central to ensuring high quality, environmentally friendly, safe and secure shipping (from ILO) Sanitary and hygienic Food handling Accommodations Spaces
STRONG AND EXPERIENCED DELEGATION
WORLDWIDE OFFICES
