X Guidelines for port State

control officers carrying out

inspections under the Maritime
Labour Convention, 2006,
as amended
Second revised
edition
X Guidelines for port State
control officers carrying out
inspections under the Maritime
Labour Convention, 2006,
as amended
Second revised
edition

International Labour Office - Geneva

Copyright © International Labour Organization 2022
Second revised edition 2022
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Guidelines for port State control officers carrying out inspections under the Maritime
Labour Convention, 2006, as amended.
Second revised edition
International Labour Office, Sectoral Policies Department, Geneva, 2022.
ISBN 978-92-2-037119-0 (print)
ISBN 978-92-2-037120-6 (Web pdf)
Also available in French: Directives pour les agents chargés du contrôle par l’Etat du port
effectuant des inspections en application de la convention du travail maritime, 2006, telle
qu’amendée, ISBN: 978-92-2- 037121-3 (imprimé), ISBN: 978-92-2-037122-0 (web pdf),
Geneva, 2022; and in Spanish: Pautas para los funcionarios encargados del control por el
Estado del puerto que realizan inspecciones en virtud del Convenio sobre el trabajo
marítimo, 2006, en su versión enmendada (Ginebra), ISBN 978-92-2-037123-7
(impreso), ISBN 978-92-2-037124-4 (Web pdf), Geneva, 2022.

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 X Guidelines for port State inspections – MLC, 2006 iii
Contents

X Contents

X 1. Introduction 1

1.1. Explanation of the objectives and content

of the guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

1.2. Brief overview of the MLC, 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . 3

1.3. Key concepts in the MLC, 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

1.4. Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

X 2. Port State control inspection

responsibilities under the MLC, 2006 14

2.1. Overview of the MLC, 2006, port State

responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

2.2. Port State control officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

X 3. Carrying out port State control

inspections under the MLC, 2006 17

3.1. General considerations for MLC, 2006,

port State control inspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

3.2. Procedure where inspection is initiated

by the PSC authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

3.3. Procedure for inspections initiated upon receipt

of a complaint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
iv X Guidelines for port State inspections – MLC, 2006
Contents

X 4. More detailed inspection of maritime labour

conditions on ships 33

4.1. General note . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

4.2. The basic requirements; sources of information;

examples of deficiencies or non-conformities . . . . . . . . . . . . . . 35

X 5. Action to be taken by port State control

officers when finding deficiencies
or non-conformities 70

5.1. Overview of the MLC, 2006, port State responsibilities . . . . . . 70

5.2. Examples of circumstances that may require

detention of the ship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72

5.3. Factors to be considered by a PSCO in deciding

whether to accept a rectification proposal . . . . . . . . . . . . . . . . . 75

5.4. Consultation prior to a decision concerning

a rectification proposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76

5.5. Form and content of a proposal for rectification . . . . . . . . . . . . 76

5.6. Action to be taken if a rectification proposal is agreed . . . . . . 77

5.7. Action to be taken if the ship is not allowed to sail . . . . . . . . . . 77

X 6. Onshore complaints by seafarers 78

 X Guidelines for port State inspections – MLC, 2006 1
1. Introduction

X 1. Introduction

1.1. Explanation of the objectives and content

of the guidelines
1. The In accordance with resolution IV of the 94th (Maritime)
Session of the International Labour Conference (ILC), these inter-
national guidelines for port State control officers1 (PSCOs) have
been developed to:
• assist port State administrations to effectively implement their
responsibilities under the Maritime Labour Convention, 2006,
as amended (MLC, 2006); and
• promote harmonization in the implementation of the
provisions of the Convention concerning port State
responsibilities.
Pursuant to the 2018 Resolution of the Special Tripartite Committee
established under Article XIII of the MLC, 2006, the guidelines have
been updated to reflect the 2014, 2016 and 2018 amendments.
2. The guidelines are intended to provide supplementary prac-
tical information and guidance to port State administrations that
can be adapted to reflect national practices and policies and other
applicable international arrangements governing port State con-
trol inspections.
3. The guidelines should be regarded as complementary to the
national measures taken by administrations of flag States in their
countries and abroad. They are intended to provide assistance to
1 The MLC, 2006, uses the term “authorized officer” in Regulation 5.2.1 to reflect the
fact that national situations differ and in some cases the person carrying out a port
State inspection under the Convention may not necessarily be the same person or
persons as those currently carrying out inspection under the existing international
(regional) port State control arrangements. The 94th (Maritime) Session of the ILC
resolution used the term “port State control officers”. In these guidelines the same
term and the related acronym PSCO is used to refer to “authorized officer”.
2 X Guidelines for port State inspections – MLC, 2006
1. Introduction

port State administrations in securing compliance with the MLC,

2006. They should be read in conjunction with the guidelines for
flag State inspections under the MLC, 2006, as much of the infor-
mation contained in the flag State guidelines will also be helpful to
personnel carrying out MLC, 2006, port State control inspections.
4. The rest of Chapter 1 of these guidelines provides general
information on the MLC, 2006, regarding its structure, key con-
cepts and terminology.
5. Chapter 2 provides background information on port State
control inspection responsibilities in connection with the MLC,
2006.
6. Chapters 3 and 4 address the procedures for carrying out
port State control inspections under the MLC, 2006. The proce-
dures describe, from a practical perspective, the various stages
or steps that an inspection might go through, depending on the
circumstances that the PSCO finds when going on board a ship.
Chapter 3 covers matters such as preparing for an inspection and
the beginning part of a PSCO inspection, which is the on- board
review of the ship’s MLC-related documents that provide prima
facie evidence that the ship is in compliance. Chapter 3 also pro-
vides guidance on the matters that a PSCO would need to con-
sider in making a determination as to whether an inspection is
finished at that first point – the document review – or whether
there are grounds for carrying out a more detailed inspection.
Chapter 4 addresses the next stage, the more detailed on-board
inspection of conditions on a ship in cases where the PSCO has
concluded that there are grounds under the MLC, 2006, to carry
out this level of inspection.
7. Chapter 5 provides guidance on action to be taken by PSCOs
on finding, after a more detailed inspection, that there are defi-
ciencies or non- conformities on a ship.
8. Chapter 6 outlines the steps to be taken in connection with
the handling of onshore complaints that are made by seafarers
(Regulation 5.2.2).
 X Guidelines for port State inspections – MLC, 2006 3
1. Introduction

1.2. Brief overview of the MLC, 2006

9. The Preamble to the MLC, 2006, sets out the intentions
and the objectives of the Members of the International Labour
Organization in adopting the Convention. The Preamble refers to
the global nature of the shipping industry and the need for sea-
farers to have special protection. It also links the MLC, 2006, to
the other key international Conventions that establish minimum
standards for the shipping industry in connection with safety,
security and marine environmental protection. The MLC, 2006,
complementing other major international Conventions, reflects
international agreement on the minimum requirements for
working and living conditions for seafarers.

10. Like other international labour standards, the MLC, 2006,

only sets out minimum international standards. However,
recalling paragraph 8 of article 19 of the Constitution of the
International Labour Organisation, the Preamble goes on to
clarify that in no case shall the adoption of any Convention and
Recommendation by the Conference or the ratification of any
Convention by any Member be deemed to affect any law, award,
custom or agreement which ensures more favourable condi-
tions to the workers concerned than those provided for in the
Convention or Recommendation.

11. The MLC, 2006, contains an explanatory note, which was

adopted by the 94th (Maritime) Session of the International
Labour Conference to assist governments with respect to their
legislative obligations and to understanding the legal relationship
between the different parts of the MLC, 2006. It also provides an
outline of the overall structure of the MLC, 2006.

Explanatory note to the Regulations and Code

of the Maritime Labour Convention, 2006
1. This explanatory note, which does not form part of the
Maritime Labour Convention, is intended as a general guide to
the Convention.
4 X Guidelines for port State inspections – MLC, 2006
1. Introduction

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 Constitution of the International Labour Organiation (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 implementa-
tion, 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.

6. Each Title contains groups of provisions relating to a particular

right or principle (or enforcement measure in Title 5), with
connected numbering. The first group in Title 1, for example,
consists of Regulation 1.1, Standard A1.1 and Guideline B1.1
relating to minimum age.

7. The Convention has three underlying purposes:

 X Guidelines for port State inspections – MLC, 2006 5
1. Introduction

a) to lay down, in its Articles and Regulations, a firm set of rights

and principles;
b) to allow, through the Code, a considerable degree of flexibility
in the way Members implement those rights and principles;
and
c) to ensure, through Title 5, that the rights and principles are
properly complied with and enforced.
8. There are two main areas for flexibility in implementation:
one is the possibility for a Member, where necessary (see
Article VI, paragraph 3), to give effect to the detailed require-
ments of Part A of the Code through substantial equivalence
(as defined in Article VI, paragraph 4).
9. The second area of flexibility in implementation is provided by
formulating the mandatory requirements of many provisions
in Part A in a more general way, thus leaving a wider scope
for discretion as to the precise action to be provided for at the
national level. In such cases, guidance on implementation is
given in the non-mandatory Part B of the Code. In this way,
Members which have ratified this Convention can ascertain
the kind of action that might be expected of them under the
corresponding general obligation in Part A, as well as action
that would not necessarily be required. For example, Standard
A4.1 requires all ships to provide prompt access to the nec-
essary medicines for medical care on board ship (paragraph
1(b)) and to “carry a medicine chest” (paragraph 4(a)). The
fulfilment in good faith of this latter obligation clearly means
something more than simply having a medicine chest on
board each ship. A more precise indication of what is involved
is provided in the corresponding Guideline B4.1.1 (paragraph
4) so as to ensure that the contents of the chest are properly
stored, used and maintained.
10. Members which have ratified this Convention are not bound
by the guidance concerned and, as indicated in the provisions
in Title 5 on port State control, inspections would deal only
6 X Guidelines for port State inspections – MLC, 2006
1. Introduction

with the relevant requirements of this Convention (Articles,

Regulations and the Standards in Part A). However, Members
are required under paragraph 2 of Article VI to give due con-
sideration to implementing their responsibilities under Part A
of the Code in the manner provided for in Part B. If, having
duly considered the relevant Guidelines, a Member decides to
provide for different arrangements which ensure the proper
storage, use and maintenance of the contents of the medicine
chest, to take the example given above, as required by the
Standard in Part A, then that is acceptable. On the other hand,
by following the guidance provided in Part B, the Member
concerned, as well as the ILO bodies responsible for reviewing
implementation of international labour Conventions, can be
sure without further consideration that the arrangements
the Member has provided for are adequate to implement the
responsibilities under Part A to which the Guideline relates.

12. Title 5 relates to compliance and enforcement and includes

the requirements of the MLC, 2006, in connection with carrying
out inspections of foreign ships in a port (port State control) in
Regulation 5.2.1 and Standard A5.2.1 with guidance provided in
Guideline B5.2.1. It is important to take account of the four seven
appendices located at the end of Title 5 of the MLC, 2006.
• Appendix A2-I: Evidence of financial security under Regulation
2.5, paragraph 2;
• Appendix A4-I: Evidence of financial security under Regulation
4.2;
• Appendix B4-I: An optional Model Receipt and Release Form
referred to in Guideline B4.2.2 (not subject to port State
control);
• Appendix A5-I: List of matters for flag State inspection for
certification purposes;
• Appendix A5-II: Model documents relating to the flag State
inspection and certification system established in Title 5:
 X Guidelines for port State inspections – MLC, 2006 7
1. Introduction

• Maritime Labour Certificate;

• Interim Maritime Labour Certificate;

• Declaration of Maritime Labour Compliance (DMLC (two

parts – Part I and Part II));
• Appendix A5-III: List of areas that may be the subject of a more
detailed inspection in a port State;
• Appendix B5-I: An example, to provide guidance as to the way
both parts of the DMLC might be filled out by the flag State
(Part I) and a shipowner (Part II).

1.3. Key concepts in the MLC, 2006

13 This section of Chapter 1 sets out some of the key concepts
relating to the application of the MLC, 2006. Section 1.4, which
follows, contains the definitions of terms that are found in the
MLC, 2006.

1.3.1. 
Application
14. The MLC, 2006, applies to all seafarers on all ships covered
by the Convention. A seafarer is any person2 who is employed or
engaged or works in any capacity on board a ship to which this
Convention applies.3 The terms “seafarer” and “ship” are defined
in the MLC, 2006 (see section 1.4 below).

2 The MLC, 2006, provides that, in the event of doubt as to whether any categories
of persons are to be regarded as “seafarers” for the purpose of the Convention,
the question is to be determined by the competent authority in the flag State, after
consultation with the shipowners and seafarers concerned. Guidance on this matter
is provided in the resolution concerning information on occupational groups (No.
VII), adopted at the 94th (Maritime) Session of the International Labour Conference.
3 The MLC, 2006, applies to all ships, whether publicly or privately owned, ordinarily
engaged in commercial activities. Subject to any national provisions to the contrary,
the MLC, 2006, does not apply to: ships which navigate exclusively in inland waters
or waters within, or closely adjacent to, sheltered waters or areas where port regu-
lations apply; ships engaged in fishing or in similar pursuits and ships of traditional
build such as dhows and junks; warships or naval auxiliaries.
8 X Guidelines for port State inspections – MLC, 2006
1. Introduction

1.3.2. Seafarers’ rights
15. The MLC, 2006, is intended to help achieve decent work for
all seafarers. It sets out the fundamental rights and principles that
seafarers have with respect to their working and living conditions.
16. Article III of the MLC, 2006, relates to fundamental rights
and principles requiring ILO Member States to satisfy themselves
that the provisions of their 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.
17. Article IV relates to seafarers’ employment and social rights
and states:
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 condi-
tions on board ship.
4. Every seafarer has a right to health protection, medical care,
welfare measures and other forms of social protection.
5. Each Member shall ensure, within the limits of its jurisdiction,
that the seafarers’ employment and social rights set out in the
preceding paragraphs of this Article are fully implemented in
accordance with the requirements of the Convention. Unless
specified otherwise in the Convention, such implementa-
tion may be achieved through national laws or regulations,
through applicable collective bargaining agreements or
through other measures or in practice.
 X Guidelines for port State inspections – MLC, 2006 9
1. Introduction

1.3.3. Compliance and enforcement

18. The flag State must verify, through an effective and coordi-
nated system of regular inspection, monitoring and other con-
trol measures that ships comply with the requirements of the
Convention as implemented in national laws or regulations, or
collective bargaining agreements or other measures or practices
implementing the requirements of the MLC, 2006. Generally,
under Regulation 5.1.3, in addition to being inspected, ships must
also be certified for compliance with the requirements for the 16
areas of seafarers’ working and living conditions set out in Title 5,
Appendix A5-I. For ships that do not have to be certified (under
500 gross tonnage (gt)), or ships that are not engaged in interna-
tional voyages and that do not operate from a port or between
ports in another country) the flag State must still verify compli-
ance for all the same requirements as a certified ship.
19. The MLC, 2006, recognizes that ILO Members need some
flexibility to address particular national situations, especially with
respect to smaller ships and ships that do not go on international
voyages or specific kinds of ships. It also recognizes that flag
States may not always be in a position to implement the require-
ments of the MLC, 2006, in the manner set out in Part A of the
Code and allows them to adopt measures which are “substan-
tially equivalent”. The MLC, 2006, provides guidance primarily
directed to national law-making bodies in flag States as to the
ways in which this national flexibility can be exercised. For ships
that are engaged in international voyages or operate from a port
or between ports in another country, these matters will be stated
on the MLC, 2006, documents carried on ships for the informa-
tion of flag State inspectors and authorized officers carrying out
port State control inspections (PSCOs).
Certified ships
20. For ships of 500 gt or over that are engaged in international
voyages or ships of 500 gt or over that fly the flag of one country
and operate from a port or between ports in another country,
the MLC, 2006, contains a list of 16 areas that are subject to a
10 X Guidelines for port State inspections – MLC, 2006
1. Introduction

mandatory certification system (see MLC, 2006, Title 5, Appendix

A5-I). Certification is mandatory only for some ships that are cov-
ered by the MLC, 2006; however a shipowner can also request that
a ship be certified even in cases where certification is not required.
21. The documents that are issued by the flag State, or by an RO
on its behalf, if so authorized, are the Maritime Labour Certificate
and a DMLC. The DMLC has two parts. Part I is filled out by the
flag State and refers to the relevant national requirements that
are to be certified as having been complied with. Part II is pre-
pared by the shipowner and outlines the measures that the ship-
owner has put in place to ensure ongoing compliance on the ship
with these flag State requirements.
22. These two documents and also the conditions that they cer-
tify may be the subject of an inspection in foreign ports (port
State control inspection).
Models for the documents that must be carried on ships can
be found in Appendix A5-II which is located at the end of Title
5 of the MLC, 2006.
23. The Maritime Labour Certificate and DMLC, if properly main-
tained by the ship concerned, constitute prima facie evidence
that the ship meets the requirements of the MLC, 2006, and
will facilitate the process of inspection when the ship visits for-
eign ports.
24. The MLC, 2006, was expressly designed to harmonize with
the existing arrangements in the maritime sector for ship inspec-
tions (by flag and port States) in connection with an earlier mar-
itime labour Convention – the Merchant Shipping (Minimum
Standards) Convention, 1976 (No. 147)) and the major ship safety
and security and pollution protection Conventions developed
by the International Maritime Organization (IMO).4 It also seeks

4 See Regulation 5.2.1, paragraph 3; International Convention for the Safety of Life at
Sea, 1974, as amended (SOLAS); and the International Convention for the Prevention
of Pollution from Ships, 1973, and the Protocol 1978 (MARPOL 73/78).
 X Guidelines for port State inspections – MLC, 2006 11
1. Introduction

to take account of the arrangements currently in place under

the various regional memoranda of understanding (MOU) or
Agreements on port State control.
25. To help ensure decent conditions of work for seafarers and
a level playing field for shipowners, all ships covered by the MLC,
2006, irrespective of size, visiting foreign ports in ratifying States
are potentially subject to an inspection (Article V, paragraph 4).
26. States that ratify the MLC, 2006, are given the responsibility
to carry out port State control inspections of foreign ships that
come into their ports. This responsibility, essentially reflecting
a right, can also be understood as part of the ratifying Member
States’ shared interests and obligation (under Article I, paragraph
2) to cooperate with each other to help ensure the effective
implementation and enforcement of the MLC, 2006.

Ships that are not certified

27. Inspection in a foreign port applies even if the ship is
flying the flag of a country that has not ratified the MLC, 2006,
because the MLC, 2006, obliges the States that ratify it to give
no more favourable treatment to ships of States that have not
ratified it (Article V, paragraph 7). This means that these ships
may be the subject of a more detailed inspection as provided
under the MLC, 2006.5
5 The MLC, 2006, does not expressly address the requirements for these ships; howe-
ver, the Convention was intended to operate as consistently as possible with existing
practices in the maritime sector and key international Conventions of the Internatio-
nal Maritime Organization. Based on the example found in IMO resolution A.787(19),
section 1.5, on port State control, the following would apply as the appropriate ap-
proach: “All Member Parties should as a matter of principle apply the procedures set
out in these guidelines to ships of non-ratifying States and ships of ratifying States
that, for reasons related to size, are not carrying documents required by the MLC,
2006, in order to ensure that equivalent inspections are conducted and that equiva-
lent levels of seafarers’ working and living conditions (including seafarers’ rights) ap-
ply on board these ships. The seafarers’ working and living conditions on such ships
should be compatible with the aims of the provisions of the MLC, 2006; otherwise, the
ship should be subject to such requirements as are necessary to obtain a comparable
level with the MLC, 2006.” A similar approach is also reflected in the Paris Memoran-
dum of Understanding on port State Control.
12 X Guidelines for port State inspections – MLC, 2006
1. Introduction

1.4. Definitions
28. The following definitions are found in Article II, paragraph 1,
of the MLC, 2006:
a) competent authority means the minister, government depart-
ment or other authority having power to issue and enforce
regulations, orders or other instructions having the force of
law in respect of the subject matter of the provision concerned;
b) declaration of maritime labour compliance means the declara-
tion referred to in Regulation 5.1.3;
c) gross tonnage means the gross tonnage calculated in accord-
ance with the tonnage measurement regulations contained
in Annex I to the International Convention on Tonnage
Measurement of Ships, 1969, or any successor Convention; for
ships covered by the tonnage measurement interim scheme
adopted by the International Maritime Organization, the gross
tonnage is that which is included in the REMARKS column of
the International Tonnage Certificate (1969);
d) Maritime Labour Certificates means the certificate referred to
in Regulation 5.1.3;
e) requirements of this Convention refers to the requirements in
these Articles and in the Regulations and Part A of the Code of
this Convention;
f) seafarer means any person who is employed or engaged or
works in any capacity on board a ship to which this Convention
applies;
g) seafarers’ employment agreement includes both a contract of
employment and articles of agreement;
h) seafarer recruitment and placement service means any person,
company, institution, agency or other organization, in the
public or the private sector, which is engaged in recruiting
seafarers on behalf of shipowners or placing seafarers with
shipowners;
 X Guidelines for port State inspections – MLC, 2006 13
1. Introduction

i) ship means a ship other than one which navigates exclusively

in inland waters or waters within, or closely adjacent to, shel-
tered waters or areas where port regulations apply;
j) shipowner means the owner of the ship or another organiza-
tion or person, such as the manager, agent or bareboat char-
terer, who has assumed the responsibility for the operation of
the ship from the owner and who, on assuming such respon-
sibility, has agreed to take over the duties and responsibilities
imposed on shipowners in accordance with this Convention,
regardless of whether any other organizations or persons
fulfil certain of the duties or responsibilities on behalf of the
shipowner.
14 X Guidelines for port State inspections – MLC, 2006
2. Port State control inspection responsibilities under the MLC, 2006

X 2. Port State control inspection

responsibilities under
the MLC, 2006

2.1. Overview of the MLC, 2006, port State

responsibilities
29. Although port State control inspection is voluntary or discre-
tionary in character as noted above, if a country chooses to carry
out such inspections, they must be based on an effective port
State inspection and monitoring system (Regulation 5.2.1, para-
graph 4). The main aspect of this obligation is the need to ensure
that the port State has an adequate number of qualified officers
trained to carry out port State control under the MLC, 2006. In
most cases this will involve personnel that are already qualified
under the existing international port State control arrangements,
developed in connection with the IMO Conventions and under
regional MOU on port State control.1 However, in some coun-
tries it is possible that these inspections would be carried out by
an authorized officer who is not necessarily qualified as a PSCO
for other purposes, for example, a maritime labour inspector.
Irrespective of the approach adopted in each country, in general,
most of the expectations and guidance for PSCOs, especially with
respect to conduct and the level of training expected for a person
to exercise professional judgement will be equally applicable.

2.2. Port State control officers

30. Port State control inspection under the MLC, 2006, is to be
carried out by “authorized” officers (Regulation 5.2.1, paragraph
3). As mentioned earlier, the term “port State control officer

1 See for example IMO resolution A.787(19), section 2.5, and Annex 7 of the Paris MOU.
 X Guidelines for port State inspections – MLC, 2006 15
2. Port State control inspection responsibilities under the MLC, 2006

(PSCO)” is adopted in these guidelines. This means that persons

must be authorized, by the competent authority in the port State
to carry out these inspections and should carry official identifica-
tion that can be shown to ships’ masters and to seafarers.
31. PSCOs should also be given sufficient power under relevant
national laws or regulations to carry out their responsibilities
under the MLC, 2006, in the event that a port State authority
decides to inspect a foreign ship.
T32. he MLC, 2006, does not set out specific requirements with
respect to PSCOs, but port State control is to be carried out in
accordance with the MLC, 2006, and “… other applicable interna-
tional arrangements governing port State control inspections”
(Regulation 5.2.1, paragraph 3). This means that existing require-
ments and international guidance with respect to qualifications
and training required for persons functioning as a PSCO would be
generally relevant.2

2.2.1. 
Professional profile of authorized officers/PSCOs
under the MLC, 20063
33. Port State control should be carried out only by authorized
PSCOs who have the qualifications and training necessary for
them to carry out their duties under the MLC, 2006.
34. The PSCO may be assisted by any person with the required
expertise acceptable to the port State.
35. The PSCOs and any persons assisting them should be impar-
tial and should have no commercial interest, either in the port
of inspection, or in the ships inspected. PSCOs should not be

2 See: IMO resolution A.787(19), section 2.5; Annex 7 of the Paris MOU, and the Code
of good practice for port State control officers, adopted in the framework of the IMO
(MSC-MEPC.4/Circ.2). The provisions of the MLC, 2006, relating to flag State inspec-
tors may also be useful for port State authorities to consider (Regulation A5.1.4, pa-
ras 2, 3, 6, 7, 10, 11 and 12).
3 See also IMO resolution A.787(19), section 2.4.
16 X Guidelines for port State inspections – MLC, 2006
2. Port State control inspection responsibilities under the MLC, 2006

employed by or undertake work on behalf of ROs. They should,

as appropriate, be required to apply the Code of good practice for
port State control officers, adopted in the framework of the IMO
(MSC-MEPC.4/Circ.2).
36. The PSCOs should hold credentials issued by the port State
in the form of a document or identity card bearing the holder’s
photograph and indicating that they are authorized to carry out
the port State control (see paragraph 57 below). Any person
assisting the PSCO should also hold an appropriate authorization
issued by the port State.

2.2.2. Requirements of PSCOs
37. The PSCO should be able to review documents written in
English and communicate in English with seafarers.
38. Specific training with respect to labour inspections under
the MLC, 2006, is essential and, for personnel who have not been
involved in port State control inspections previously, also with
respect to the role and professional practice of PSCO.
 X Guidelines for port State inspections – MLC, 2006 17
3. Carrying out port State control inspections under the MLC, 2006

X 3. Carrying out port State

control inspections under
the MLC, 2006

39. As PSCOs should use their professional judgement in car-

rying out all duties, and consult others where they consider it
appropriate to do so.
40. To ensure consistent enforcement of port State control
requirements, PSCOs should carry a copy of the MLC, 2006, and
of these guidelines, either in a digital format or paper copy, for
ready reference when carrying out any port State control inspec-
tions. The PSCO may also have a copy of the Guidelines for flag
State inspections under the MLC, 2006.

3.1. General considerations for MLC, 2006,

port State control inspections
3.1.1. 
The purpose and subject matter of MLC, 2006,
port State control inspections
41. The purpose of the inspection by PSCOs is to determine
whether a ship is in compliance with the requirements of the
Convention (including seafarers’ rights) (Article IV, paragraph 5).
These requirements are laid down in the Articles and Regulations
and in Part A (Standards) of the Code of the MLC, 2006, relating
to the working and living conditions of seafarers on the ship
(Regulation 5.2.1, paragraphs 1 and 3). Part B (guidelines) of the
MLC, 2006, Code is not subject to inspection by port State control.
Port State control inspections are, in principle, concerned with the
16 areas of working and living conditions on the ship (Standard
A5.2.1, paragraph 2) that are listed in Title 5, Appendix A5-III of
the MLC, 2006, and are to be certified by flag States as being
in compliance with the related requirements of the Convention.
18 X Guidelines for port State inspections – MLC, 2006
3. Carrying out port State control inspections under the MLC, 2006

However, the PSCO may also take action in the case of non- com-
pliance with any other requirement of the Convention relating to
working and living conditions (Regulation 5.2.1, paragraph 1).
42. The details for the implementation of the MLC, 2006,
requirements are to be prescribed, in accordance with the
Convention, in the national laws or regulations, collective agree-
ments or other measures in the flag State concerned. On ships
carrying a Maritime Labour Certificate, a summary of the rele-
vant national standards adopted to implement the MLC, 2006,
in the 16 areas referred to will be set out in Part I of the DMLC
attached to the Certificate. As indicated below, the Certificate
and DMLC should be the starting point in the inspection pro-
cess as they constitute prima facie evidence that the ship is in
compliance with the requirements of the MLC, 2006 (including
seafarers’ rights).
43. PSCOs may also be entrusted with handling and investi-
gating complaints made by seafarers on ships visiting their ports.
If complaint handling is not part of their functions, they should
be able to direct seafarers to the competent official for handling
complaints or to receive complaints for transmittal to the compe-
tent official.

3.1.2. Conducting an MLC, 2006, port State

control inspection
44. The guidance in this section and in Chapters 4 and 5 of these
guidelines describes port State control under the MLC, 2006, as a
process involving three potential phases or stages, depending on
the situation that the PSCO encounters when going on board a
ship to initiate the inspection:
• review of the Maritime Labour Certificate and the DMLC
constituting prima facie evidence of compliance (Chapter 3);
• more detailed inspection, where applicable (Chapter 4);

• action to be taken in case of deficiencies or non-conformities

(Chapter 5).
 X Guidelines for port State inspections – MLC, 2006 19
3. Carrying out port State control inspections under the MLC, 2006

45. An inspection may end after a satisfactory document review

or it may move to a more detailed inspection and end at that
point or an inspection may also require that action be taken if
deficiencies are identified. At all stages of the inspection, PSCOs
should bear in mind the obligation to make all possible efforts to
avoid a ship being unduly detained or delayed (Standard A5.2.1,
paragraph 8).
46. The procedures recommended in the following sections deal
with the initiation of the inspection, the first (or often only) stage
of the inspection, which is mainly concerned with reviewing a
ship’s MLC, 2006, documentation, the Maritime Labour Certificate
and the DMLC. They are based on MLC, 2006, Standard A5.2.1
“Inspections in port”, taking account of other relevant inspection
procedures. The PSCO should be familiar with Standard A5.2.1,
especially paragraphs 1 and 4. Paragraph 1 reads as follows:
1. Where an authorized officer, having come on board to carry
out an inspection and requested, where applicable, the
Maritime Labour Certificate and the Declaration of Maritime
Labour Compliance, finds that:
a) the required documents are not produced or maintained or
are falsely maintained or that the documents produced do not
contain the information required by this Convention or are
otherwise invalid; or
b) there are clear grounds for believing that the working and
living conditions on the ship do not conform to the require-
ments of this Convention; or
c) there are reasonable grounds to believe that the ship has
changed flag for the purpose 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 conditions on board the
ship. Such inspection shall in any case be carried out where the
20 X Guidelines for port State inspections – MLC, 2006
3. Carrying out port State control inspections under the MLC, 2006

working and living conditions believed or alleged to be defec-

tive could constitute a clear hazard to the safety, health or secu-
rity of seafarers or where the authorized officer has grounds to
believe that any deficiencies constitute a serious breach of the
requirements of this Convention (including seafarers’ rights).

Paragraph 4 reads as follows

(see also section 5.1 of these guidelines):
4. Where, following a more detailed inspection, the working and
living conditions 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 deficiencies are considered by the author-
ized officer to be significant, or if they relate to a complaint
made in accordance with paragraph 3 of this Standard, the
authorized officer shall bring the deficiencies to the attention
of the appropriate seafarers’ and shipowners’ 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.
47. Inspections may be carried out by the port State authority
either on its own initiative or upon receipt of a complaint. Where
an inspection is to take place, the PSCO should first determine
whether or not the ship is carrying a Maritime Labour Certificate
and DMLC, which constitute prima facie evidence of compliance
(see paragraph 52 below). If the ship is not flying the flag of a rati-
fying Member then the ship may be the subject of a more detailed
inspection (Chapter 4) and a document review is not applicable.
The initial inspection may be followed by a more detailed inspec-
tion (see Chapter 4) in any of the four cases described in subpar-
agraphs (a)–(d) of Standard A5.2.1, paragraph 1. In some cases a
more detailed inspection must be carried out (see the last sen-
tence of the Standard).
 X Guidelines for port State inspections – MLC, 2006 21
3. Carrying out port State control inspections under the MLC, 2006

3.2. Procedure where inspection is initiated

by the PSC authority

3.2.1. Preparing for inspections

48. The effectiveness and conduct of a port State control
inspection may be improved if basic information is obtained
prior to carrying out an inspection. In this regard basic infor-
mation concerning the type of ship, cargo, flag and history as
well as its previous and next ports of call and time available
in port for the inspection should be obtained in advance, if
possible.
49. Special attention should be paid to any previously reported
deficiencies or non-conformities and any related plan of action
to rectify the non-conformities. Depending upon their nature,
number and frequency on the ship concerned, or on ships of the
same shipowner, prior non- conformities may affect the decision
whether or not to carry out an inspection on a particular ship.
The non-conformities may be clear grounds for a more detailed
inspection (see paragraph 67 below), especially if the subsequent
review of the ship’s documentation shows no evidence that a pre-
scribed rectification has been completed (see paragraphs 95 and
104 below).

3.2.2. Sources of information
50. Information on previous non-conformities is available, for
example, from deficiency notices or inspection reports issued by
the port State control authority itself and from the port State con-
trol authorities of previous ports of call, as well as from port State
control databases or other material.
51. In addition, it is important to share information and gen-
erally coordinate activities with the PSCOs responsible for the
inspection of ships for compliance with the requirements of the
SOLAS, STCW and the MARPOL and other IMO Conventions.
Certain non-conformities with the MLC, 2006, may have already
22 X Guidelines for port State inspections – MLC, 2006
3. Carrying out port State control inspections under the MLC, 2006

been noted as also constituting non-compliance with a require-

ment of the SOLAS or STCW Conventions, or noted by the PSCO
on the occasion of an inspection in connection with the IMO
Conventions.

3.2.3. Scope of the port State control inspection

52. Where the ship carries a Maritime Labour Certificate and
DMLC issued by a flag State that has ratified the MLC, 2006,
these documents constitute “prima facie evidence that … the
requirements of this Convention relating to working and living
conditions of the seafarers have been met to the extent so cer-
tified” (Regulation 5.1.1, paragraph 4). Except in the four situ-
ations set out under paragraph 1(a)–(d) of Standard A5.2.1
(see section 3.2.5 below), a port State control inspection, if
undertaken, would be limited to carrying out a review of
the ship’s Certificate and the DMLC (Regulation 5.2.1, para-
graph 2).
53. The document review is concerned with:
a) ascertaining the existence of a MLC, 2006, Certificate and a
DMLC (or an Interim Certificate) and verifying that these doc-
uments have been validly established for the ship; and
b) verifying that the documents are complete, in the sense that
they contain all the information required by the MLC, 2006
(see paragraph 63 below), especially with respect to the 16
subject areas listed in Appendix A5-I.

54. Where the PSCO having come on board finds that the docu-
mentation is valid and complete, the inspection would come to
an end at that point unless there are clear grounds for believing
that the working and living conditions on the ship do not conform
to the requirements of the Convention (Standard A5.2.1, para-
graph 1(b)) or reasonable grounds to believe that the ship has
changed flag for the purpose of avoiding compliance (Standard
A5.2.1, paragraph 1(c)) or there has been a complaint (Standard
A5.2.1, paragraph 1(d)).
 X Guidelines for port State inspections – MLC, 2006 23
3. Carrying out port State control inspections under the MLC, 2006

3.2.4. The MLC, 2006, requirements that may be

the subject of a more detailed inspection
by a PSCO
55. As stated earlier, the requirements for working and living
conditions to be met by all ships are those set out in the MLC,
2006, with the detailed implementation of those requirements
being prescribed in the national law of the flag State concerned.
Since many of the basic requirements of the MLC, 2006, are
worded in general terms, reference should be made – in the case
of ships carrying a Certificate and a DMLC – to the national law
requirements outlined in Part I of the DMLC, with note being
taken of those that vary from the MLC, 2006, because of substan-
tial equivalence, for example. Shipowners’ approved measures for
ongoing compliance will be set out in Part II. Guidance relating
to ships which do not carry a Certificate and a DMLC is provided
in paragraph 85 below.

3.2.5. Review of a ship’s MLC, 2006, documents in a port

State control inspection
56. The following guidance applies only in the case of ships
flying the flag of a State for which the MLC, 2006, is in force. In
any other case, the PSCO may decide to proceed immediately to
carry out a more detailed inspection (see Chapter 4 below).

Step 1: Boarding the ship and requesting documentation

57. When boarding a ship, the PSCO should present to the
master or to the duty officer, if requested to do so, the document
or identity card (bearing the holder’s photograph), issued by the
port State, confirming his or her authority to carry out the inspec-
tion (see paragraph 36 above).
58. A PSCO having come on board should gain an impression
of whether the ship is well maintained and operated. It should
be borne in mind that the purpose of the inspection is (where
applicable) to review the Certificate and DMLC. When on board
the PSCO may observe situations or practices that suggest that
24 X Guidelines for port State inspections – MLC, 2006
3. Carrying out port State control inspections under the MLC, 2006

the working and living conditions on the ship may be inconsistent

with the requirements of the MLC, 2006. Except in the case of
a deficiency that requires immediate attention, any deficiencies
observed should be dealt with after the review of these docu-
ments has taken place.
59. If a Maritime Labour Certificate and DMLC are not produced,
the PSCO may proceed to consider whether a more detailed
inspection is needed (see step 5 below and Chapter 4 (Standard
A5.2.1, paragraph 1(a)).

Step 2: 
Reviewing the documents
60. As explained above (paragraph 53), a review of the ship’s
Maritime Labour Certificate and DMLC should include checking
for:
• validity; and

• completeness.

61. To the extent necessary to verify the Maritime Labour

Certificate and DMLC, further documentation referred to in the
Certificate and the DMLC with regard to the working and living
conditions may be checked at this stage of the inspection.
62. Validity. In addition to checking the date of validity stated on
the Maritime Labour Certificate, the PSCO should check that:
• the period of validity does not exceed five years1 or, in the case
of an Interim Certificate, six months;
• in the case that the validity of the Maritime Labour Certificate
has been extended by the competent authority or a recognized

1 For Certificates that have been renewed the period may, in some cases, be up to
three months longer than five years (see Standard A5.1.3, paragraph 3).
 X Guidelines for port State inspections – MLC, 2006 25
3. Carrying out port State control inspections under the MLC, 2006

organization (see Standard A5.1.3, paragraph 4), the extended

period of validity does not exceed five months from the expiry
date of the existing certificate;2
• except in the case of an Interim Certificate, the ship is covered
by a signed and sealed or stamped certification and, where
applicable, endorsements, that purport to be based on an
initial or intermediate inspection carried out in compliance
with Standard A5.1.3, paragraphs 2 to 4 and Standard A5.1.4,
paragraph 4 (see, in particular, Guidelines for flag State
inspections under the Maritime Labour Convention, 2006, sections
2.2.4–2.2.7);
• the Certificate, and the accompanying DMLC (where
applicable), have apparently been signed and sealed or
stamped by an authorized flag State official; where the
person authorized to sign is an employee of an RO, reference
should be made to the list of ROs authorized by the flag
State concerned, made available by the ILO in accordance
with Standard A5.1.2, paragraph 4 (see Guidelines for flag
State inspections under the Maritime Labour Convention, 2006,
section 2.2);

63. Completeness. A Maritime Labour Certificate must have a

DMLC attached or it is incomplete. An Interim Maritime Labour
Certificate, however, need not be accompanied by a DMLC. The

2 The new certificate shall be valid for a period not exceeding five years starting from
the date provided for in paragraph 3 of Standard A5.1.3, as applicable:

• when the renewal inspection has been completed within three months before
the expiry of the existing Maritime Labour Certificate, the new Maritime La-
bour Certificate shall be valid from the date of completion of the renewal inspec-
tion for a period not exceeding five years from the date of expiry of the exist-
ing certificate;
• when the renewal inspection is completed more than three months before the
expiry date of the existing Maritime Labour Certificate, the new Maritime La-
bour Certificate shall be valid for a period not exceeding five years starting
from the date of completion of the renewal inspection.
26 X Guidelines for port State inspections – MLC, 2006
3. Carrying out port State control inspections under the MLC, 2006

PSCO should ensure that all spaces requiring input from the flag
State3 have been completed in the Maritime Labour Certificate
and the DMLC, or in the Interim Maritime Labour Certificate. The
check for completeness should then ensure (except in the case of
an Interim Certificate) that:
• Part I of the DMLC identifies, for each of the 16 certified
areas, the national requirements embodying the relevant
provisions of the MLC, 2006, by providing a reference to the
relevant national legal provisions as well as setting out, to the
extent necessary, concise information on the main content
of the national requirements, including ship-type specific
requirements. In that connection PSCOs may find it helpful
to consider the guidance provided in the MLC, 2006, to flag
States to help them complete the DMLC Part I. The MLC, 2006,
provides that “The statement of national requirements in Part
I of the Declaration of Maritime Labour Compliance should
include or be accompanied by references to the legislative
provisions relating to seafarers’ working and living conditions
in each of the matters listed in Appendix A5-I. Where national
legislation precisely follows the requirements stated in this
Convention, a reference may be all that is necessary. Where a
provision of the Convention is implemented through substantial
equivalence as provided under Article VI, paragraph 3, this
provision should be identified and a concise explanation should
be provided. Where an exemption is granted by the competent
authority as provided in Title 3, the particular provision or
provisions concerned should be clearly indicated.”
• Part II of the DMLC indicates the main measures adopted by
the shipowner to ensure ongoing compliance with the national
requirements between flag State inspections;
• The results of any subsequent flag State verifications, including
those related to measures referred to in Part II of the DMLC are

3 See Title 5, MLC, 2006, Appendix A5-II, and Standard A5.1.3, paragraphs 10 and 11;
see also the example in Appendix B5-I.
 X Guidelines for port State inspections – MLC, 2006 27
3. Carrying out port State control inspections under the MLC, 2006

recorded in or attached to the DMLC or made available to the

PSCO in some other way, and include information not only on
any deficiencies found during the verifications but also the dates
when the deficiencies were found to have been remedied.

64. The DMLC is not expected to cover every single national

law or regulation or other measure adopted by the flag State to
implement the requirements of the MLC, 2006. A DMLC should be
considered as complete if it identifies, in each of the 16 areas, the
national law requirements on the matters that are referred to as
Basic requirements in Chapter 4 below.
65. The documents will not be complete if any necessary ele-
ment in them is not in English or accompanied by a translation
into English, as required (for ships on international voyages)
(Standard A5.1.3, paragraphs 11 and 12).
66. If the documents are not complete, the PSCO may, instead of
proceeding to a determination as to whether there are grounds
for a more detailed inspection in step 3 below, decide to con-
sider undertaking a more detailed inspection (see step 5 below)
(Standard A5.2.1, paragraph 1(a)).

Step 3: 
Determining whether there are clear grounds
for believing that the conditions do not conform
to requirements
67. Clear grounds for believing that the working and living con-
ditions on the ship do not conform to the requirements of the
Convention (Standard A5.2.1, paragraph 1(b)) may result from:
• the ship’s Maritime Labour Certificate or DMLC or documents
referred to in the Certificate or DMLC; or
• other elements (see paragraphs 71 and 72 below).

68. Clear grounds from the ship’s documentation. The ship’s

Maritime Labour Certificate and DMLC must be viewed as prima
facie evidence of compliance with the requirements of the
Convention (including seafarers’ rights), to the extent that they
28 X Guidelines for port State inspections – MLC, 2006
3. Carrying out port State control inspections under the MLC, 2006

certify compliance with the national requirements implementing

the MLC, 2006, relating to the working and living conditions of
seafarers (Regulation 5.1.1, paragraph 4). When reviewing these
documents for completeness under step 2 above, the PSCO
should form an opinion as to whether the information provided
in the DMLC shows that:
• the requirements of the MLC, 2006, in each of the 16 areas
appear to be complied with, especially the requirements on the
matters that are referred to as Basic requirements in Chapter 4
below;
• Part II of the DMLC identifies measures in each of the 16 areas
to ensure ongoing compliance between inspections (see
Standard A5.1.3, paragraph 10(b)).

69. If the information contained in the Certificate or the DMLC

or documents referred to in the Certificate or DMLC or other ele-
ments clearly indicate that the ship may not be in compliance with
the requirements of the Convention (including seafarers’ rights),
relating to the working and living conditions of seafarers on the
ship, the PSCO should consider taking the action indicated in the
following paragraph.
70. The following action would be appropriate:
a) The PSCO should first take account of the relevant require-
ments of the national law of the flag State as reflected in
the DMLC Part I, paying particular attention to any substan-
tial equivalences and permitted exemptions and variations
that may be stated in the DMLC Part I. If it is not a case of
non-compliance, no further action with respect to that ques-
tion should be taken.
b) If the DMLC Part I indicates a possible non-compliance, the
PSCO should check whether or not the specific Convention
requirements concerned are being complied with on the ship.
If no case of non-compliance is found on the ship, no further
action with respect to that question should be taken.
 X Guidelines for port State inspections – MLC, 2006 29
3. Carrying out port State control inspections under the MLC, 2006

c) If, however, it is clear to the PSCO that the requirement(s)

concerned may not have been complied with on the ship, the
PSCO should discuss the matter with the Master and, if neces-
sary, with a representative of the flag State.
d) If, after having carefully considered the information provided
by the Master and, if applicable, by the flag State, the PSCO
concludes that, in his or her professional judgement, one or
more requirements of the Convention may not have been
complied with on the ship, he or she should take a decision
as to whether a more detailed inspection of the ship should
be carried out in accordance with paragraph 1(b) of Standard
A5.2.1. If further clarifications are necessary concerning the
national requirements, as reflected in the DMLC Part I, the
matter should first be promptly referred to the port State con-
trol authority, with a view to consultation with the flag State.
71. Clear grounds from other elements. Clear grounds for believing
that the working and living conditions on the ship do not con-
form to the requirements of the Convention may arise in several
other contexts, including during the preparations for inspections
(see sections 3.2.1 and 3.2.2 above), general impressions, visual
observations when on board (paragraph 58 above) and during the
investigation of a complaint (see paragraphs 83 and 117 below).
72. Where clear grounds exist for believing that the working and
living conditions on the ship do not conform to the requirements
of the Convention, the PSCO should proceed to step 5 below.
Where clear grounds do not exist and there has been no change
of flag justifying consideration of step 4 below, a more detailed
inspection should not be carried out.

Step 4: 
Determining whether there are reasonable grounds
to believe that the ship has changed flag to avoid
compliance with the Convention
73. A PSCO may also decide to undertake a more detailed
inspection if there are reasonable grounds to believe that the
ship has changed flag for the purpose of avoiding compliance
30 X Guidelines for port State inspections – MLC, 2006
3. Carrying out port State control inspections under the MLC, 2006

with the MLC, 2006 (Standard A5.2.1, paragraph 1(c)). Any change
or changes of flag should be noted in the documentation of the
ship concerned, in particular its Continuous Synopsis Record,
maintained under Regulation 5 of the SOLAS Convention, Chapter
XI-1. There must be “reasonable grounds”, rather than “clear
grounds”, to believe that the purpose of the change or changes
was to avoid compliance. The PSCO could form an opinion on
the purpose of changing flag by looking at any relevant inspec-
tion report. Significant outstanding deficiencies which have not
been transferred to the new flag’s records may be reasonable
grounds. The previous flag State may provide information, which
could include difficulties it had in enforcing compliance. However,
the shipowner’s representative may be able to inform the PSCO
of legitimate reasons for changing flag which were not for the
purposes of avoiding compliance.
74. In the absence of reasonable grounds to believe that the
ship has changed flag for the purpose of avoiding compliance
with the MLC, 2006, a more detailed inspection should not
be carried out. If there are reasonable grounds, the PSCO must
determine whether or not to carry out a more detailed inspection.

Step 5: Determining whether or not to carry out a more

detailed inspection
75. Where the inspection has not been determined to be com-
plete in any of the steps set out above, the question of whether
or not to carry out a more detailed inspection (see Chapter 4
below) will normally be at the discretion of the PSCO or the PSC
authority. A more detailed inspection must be carried out where
the working and living conditions believed (by the PSCO) or
alleged (by a complainant: see section 3.3 below) to be defective
could constitute a clear hazard to the safety, health or security
of seafarers or where the PSCO has grounds to believe that any
deficiencies constitute a serious breach of the requirements of
the Convention (including seafarers’ rights). Guidance on the con-
cept of a serious breach is provided below (Chapter 5, section 5.2,
paragraphs 96 and 98).
 X Guidelines for port State inspections – MLC, 2006 31
3. Carrying out port State control inspections under the MLC, 2006

76. If the PSCO decides, or is required, to carry out a more

detailed inspection, the ship’s master should be informed as soon
as possible of the grounds for this action. If the PSCO determines
that a more detailed inspection is not needed, no further action
is required.

3.3. Procedure for inspections initiated upon

receipt of a complaint
77. The MLC, 2006, envisages complaints in a port State in
two different situations. Both situations can result in a more
detailed inspection. However the steps and considerations differ.
One relates to onshore complaints made by a seafarer under
Regulation 5.2.2 and is addressed below in Chapter 6. The present
section deals with complaints that are made as part of the port
State control inspection procedure (Standard A5.2.1, paragraph
1(d)). A complaint in this context 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 (Standard A5.2.1, paragraph 3).
78. The PSCO and/or port State authority should keep a record
of the time when the complaint was received, the means by
which it was transmitted, the source of the complaint, the name
of the person receiving the complaint, the name and flag of
the ship concerned, and the nature and details of the alleged
non-conformity with the requirements of the MLC, 2006. A
record of action taken upon receipt of the complaint should also
be kept.
79. Before taking any action upon a complaint, the PSCO needs
to check that it relates to a requirement of the Convention
(including seafarers’ rights) that is laid down in its Articles and
Regulations or in Part A of the Code and that it relates to the
working and living conditions of seafarers on the ship concerned
(Standard A5.2.1, paragraph 1(d)). It need not be in one of the 16
areas listed in Appendix A5-III of the Convention.
32 X Guidelines for port State inspections – MLC, 2006
3. Carrying out port State control inspections under the MLC, 2006

80. Appropriate steps shall be taken to safeguard the confi-

dentiality of complaints made by seafarers (Standard A5.2.2,
paragraph 7).
81. On the basis of the complaint, the PSCO may, or must (where
the working and living conditions alleged to be defective could
constitute a clear hazard to safety or health or a serious breach
referred to in the last sentence of Standard A5.2.1, paragraph 1
– see paragraph 75 above), decide to carry out a more detailed
inspection on board ship.
82. If the PSCO decides not to carry out a more detailed inspec-
tion and the complaint has been made by the seafarer with
respect to his or her individual case, it should be handled in
accordance with Regulation 5.2.2 (see Chapter 6 below).
83. The inspection carried out in response to a complaint must
generally be limited to matters within the scope of the complaint.
However, as noted in Standard A5.2.1, paragraph 3, information
in the complaint itself or gained during its investigation may
give the PSCO clear grounds for believing that the working and
living conditions on the ship do not conform to the requirements
of the Convention. In such a case, the PSCO may (or must, in the
circumstances referred to above) decide to carry out a more
detailed inspection (see paragraph 71 above). In addition, where
the results of the investigation seriously contradict information
provided in the ship’s documentation, including with respect to
ongoing compliance in Part II of the DMLC, this may constitute
evidence that the required documents are falsely maintained,
warranting a more detailed inspection on the basis of Standard
A5.2.1, paragraph 1(a).
 X Guidelines for port State inspections – MLC, 2006 33
4. More detailed inspection of maritime labour conditions on ships

X 4. More detailed inspection of

maritime labour conditions
on ships

4.1. General note
84. The MLC, 2006, This chapter is intended to provide a prac-
tical tool for guidance concerning the subject matter of a more
detailed inspection under the MLC, 2006. For an authoritative
statement of requirements on any issue, reference should be
made to the text of the MLC, 2006, and – insofar as they are out-
lined in a valid Maritime Labour Certificate and attached DMLC
– to the national laws or regulations or collective bargaining
agreements or other measures implementing the MLC, 2006,
that are applicable to the ship concerned.
85. Where a ship is not carrying a Maritime Labour Certificate
and DMLC (because it is a ship for which certification is not man-
datory (Regulation 5.1.3, paragraph 1) and has not requested a
certificate or it is a ship of a non-ratifying State), PSCOs will need
to use their professional judgement when evaluating compliance
with the specific requirements of the MLC, 2006. This will also
apply if the information contained in the Certificate or the DMLC
or documents referred to in the Certificate or DMLC or other ele-
ments clearly indicate that the ship may not be in compliance with
the requirements of the Convention (including seafarers’ rights)
relating to working and living conditions of seafarers on the ship.
The exercise of professional judgement by PSCOs will be particu-
larly necessary where a requirement of the MLC, 2006, may be
stated in general terms in the Standards (Part A of the Code).
Guidance as to the general expectations regarding this require-
ment may be found in Part B of the Code, but this guidance
should be considered with care since Part B is not mandatory and
34 X Guidelines for port State inspections – MLC, 2006
4. More detailed inspection of maritime labour conditions on ships

is not itself the subject of port State control; however, it provides

information on the intention of the mandatory provisions. In
cases of perceived non- conformity, the master should be given
an opportunity to produce evidence of the national requirements
concerned and provide any necessary explanations.

86. With respect to inspections that are initiated by the PSC

authority, information is provided below on the basic require-
ments to be complied with, accompanied by suggestions con-
cerning sources of information for ascertaining compliance, as
well as by examples of deficiencies or non- conformities, in the
16 areas for port State inspection that are specified in Appendix
A5-III of the MLC, 2006. Since these are the same as those that
are to be the subject of flag State certification under Appendix
A5-I (see paragraph 20 above), this guidance is based on the rel-
evant parts of Chapter 3 of the Guidelines for flag State inspections
under the Maritime Labour Convention, 2006. The guidance below
may also be relevant to inspections initiated upon a complaint,
within the limits of the scope of the complaint.

87. It should, however, be borne in mind that except where a

ship is evidently substandard, or the PSCO already has clear
grounds to believe that aspects of the living and working con-
ditions on a ship are not in compliance with the MLC, 2006, the
more detailed inspection by the PSCO may be much less exten-
sive than that carried out by the flag State. If, after visiting the
main spaces on the ship and talking to seafarers, the PSCO finds
that the ship appears to be well maintained and operated and
the seafarers appear to be satisfied with their general conditions
of work, the PSCO may decide to choose several of the 16 areas
of the requirements for a closer scrutiny, with a view to ascer-
taining whether the flag State inspections of the ship have been
carried out and whether the shipowner’s measures for ensuring
ongoing compliance are adequate and are being adequately
implemented. Depending upon the results, the PSCO may decide
to end the more detailed inspection, or to extend it to more or
even all of the other areas referred to in Appendix A5-III.
 X Guidelines for port State inspections – MLC, 2006 35
4. More detailed inspection of maritime labour conditions on ships

88. Finally, in the following section, frequent reference is

made to requirements under the national laws or to national
requirements or to similar terms. These relate to the relevant
national requirements that have been adopted by the flag State
to implement the requirements of the Convention. It should be
understood that it is not the function of PSCOs to enforce any
national requirements that go beyond the requirements of the
MLC, 2006.

4.2. T
 he basic requirements; sources
of information; examples of deficiencies
or non-conformities
Regulation 1.1 – Minimum age
(Appendix A5-III – Minimum age)
Basic requirements
• Persons below the age of 16 shall not be employed or engaged
or work on a ship (Standard A1.1, paragraph 1).
• Seafarers under the age of 18 shall not be employed or
engaged or work where the work is likely to jeopardize their
health or safety (Standard A1.1, paragraph 4).
• Special attention must be paid to the safety and health of
seafarers under the age of 18, in accordance with national laws
and regulations (Standard A4.3, paragraph 2(b)).
• Night work * for seafarers under the age of 18 is prohibited,
except to the extent that an exemption has been made by
the competent authority under Standard A1.1, paragraph
3, in the case of training programmes (Standard A1.1,
paragraph 2).
* “Night” is defined in accordance with national law and
practice. It covers a period of at least nine hours starting no
later than midnight and ending no earlier than 5 a.m. (Standard
A1.1, paragraph 2).
36 X Guidelines for port State inspections – MLC, 2006
4. More detailed inspection of maritime labour conditions on ships

Sources of information
• A crew list, a passport or other official document confirming
seafarers’ birth dates.
• Work schedule with respect to seafarers under the age of 18 to
determine hours and nature of work.
• Information on types of work on board that have been identified
as likely to jeopardize the safety of seafarers under the age of 18.
• Recent accident reports and safety committee reports to
determine whether seafarers under the age of 18 were involved.
• Interviews, in private, with seafarers.

Examples of deficiencies
• Person under the age of 16 working as a seafarer.
• Seafarer under the age of 18 working at night (and not as part
of a training programme).
• Seafarer under the age of 18 carrying out tasks that are likely
to jeopardize their safety or health.

Regulation 1.2 – Medical certificate

(Appendix A5-III – Medical certification)
Basic requirements
• Seafarers are not allowed to work on a ship unless they are
certified * as medically fit to perform their duties (Regulation
1.2, paragraph 1).
• For seafarers working on ships ordinarily engaged on
international voyages the certificate must be provided as a
minimum in English (Standard A1.2, paragraph 10).
• The medical certificate must have been issued by a duly
qualified medical practitioner and must still be valid (Standard
A1.2, paragraphs 1 and 4).
• The period of validity ** for a certificate is determined under
the national law of the flag State in accordance with the
following:
 X Guidelines for port State inspections – MLC, 2006 37
4. More detailed inspection of maritime labour conditions on ships

• two-year maximum for medical certificates except for

seafarers under 18; then it is one year (Standard A1.2,
paragraph 7(a));
• six-year maximum for a colour vision certificate (Standard
A1.2, paragraph 7(b)).
* Certificates issued in accordance with, or meeting the
substance of the applicable requirements, under the
International Convention on Standards of Training, Certi-
fication and Watchkeeping for Seafarers, 1978 (STCW), as
amended, are to be accepted as meeting these requirements
(Standard A1.2, paragraph 3).
** The above requirements should be read in light of the following
provisions of the MLC, 2006:

8. In urgent cases the competent authority may permit a sea-

farer to work without 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 (Standard A1.2, paragraph 8).
10. 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 (Standard A1.2, paragraph 9).

Sources of information
• The crew list.

• The medical certificates.

• Colour vision certificates, where appropriate.

• Work schedules and interviews, in private, with seafarers to

determine that medical restrictions on work for individual
seafarers are being respected and that seafarers are
38 X Guidelines for port State inspections – MLC, 2006
4. More detailed inspection of maritime labour conditions on ships

not assigned to, or carrying out, work contrary to these

restrictions.
• The authorization or permit (subject to a maximum validity of
three months) where the competent authority of the flag State
has permitted a seafarer to work without a valid, or with an
expired, certificate in urgent cases.

Examples of deficiencies
• Seafarer on board without a valid medical or colour vision
certificate (where appropriate) or authorization from the
competent authority in urgent cases.
• Seafarer working on the ship or performing tasks contrary to a
restriction on a medical certificate.
• Seafarer’s medical certificate not in the English language on a
ship ordinarily engaged in international voyages.
• A medical certificate that has not been issued by a duly
qualified medical practitioner.

Regulation 1.3 – Training and qualifications

(Appendix A5-III – Qualifications of seafarers)
Basic requirements
• Seafarers must be trained or certified * as competent or
otherwise qualified to perform their duties in accordance with
flag State requirements (Regulation 1.3, paragraph 1).
• Seafarers must have successfully completed training for
personal safety on board ship (Regulation 1.3, paragraph 2).
* Training and certification in accordance with the International
Convention on Standards of Training, Certification and Watch-
keeping for Seafarers, 1978 (STCW), as amended, is to be accepted
as meeting these requirements.

Sources of information
• Minimum Safe Manning Document (SMD) to verify the required
qualifications of the seafarers.
 X Guidelines for port State inspections – MLC, 2006 39
4. More detailed inspection of maritime labour conditions on ships

• Certificates and endorsements for STCW personnel confirming

seafarers’ competency with respect to their duties (as well as
the crew list to determine duties).
• Documentary evidence (from a shipowner or, if relevant to
the position concerned, a national authority or otherwise)
confirming that seafarers have any qualifications that may be
required under the MLC, 2006, for those performing other
duties on board ship (for example, ships’ cooks – see below,
Regulation 3.2).
• Evidence confirming that seafarers have successfully
completed training for personal safety on board ship.
• Appropriate training material that is available to the crew.

• Interviews, in private, with seafarers to confirm training.

Examples of deficiencies
• Seafarer’s qualifications not in accordance with the SMD.
• Seafarer working on the ship who is not trained or certified or
otherwise qualified to perform required duties.
• Certificates or endorsements are not up to date or have expired.
• Seafarer working on the ship who has not successfully
completed personal safety training.
• Absence of a valid dispensation issued under STCW, where
needed.

Regulation 1.4 – Recruitment and placement

(Appendix A5-III – Use of any licensed or certified or
regulated private recruitment and placement service)
Basic requirements
• Where a shipowner has used a private seafarer recruitment
and placement service it must be licensed or certified or
regulated in accordance with the MLC, 2006 (Standard A1.4,
paragraph 2).
40 X Guidelines for port State inspections – MLC, 2006
4. More detailed inspection of maritime labour conditions on ships

• Seafarers shall not be charged for use of these services

(Standard A1.4, paragraph 5(b)).
• Shipowners using services based in States not party to the
MLC, 2006, must ensure, as far as practicable, that these
services meet the requirements of the MLC, 2006 (Standard
A1.4, paragraph 9).

Sources of information
• National websites of the competent authority regarding the
licensing or regulation of seafarer recruitment and placement
services (manning agencies).
• If seafarers were engaged through a seafarer recruitment and
placement service based in a country that has not ratified the
MLC, 2006, documentation should be available to show that
the shipowner has, as far as practicable, verified through a
proper system that the service is operated consistently with
the MLC, 2006. The shipowner’s system may, for example, take
account of information collected by the flag State, as well as
any audits or certifications concerning the quality of services
operating in countries that have not ratified the MLC, 2006.
Other evidence which shipowners could provide might be
checklists against the MLC requirements or an RO audit of a
recruitment and placement service based in a country that has
not ratified the MLC, 2006.
• Interviews, in private, with seafarers to determine that they have
not paid a fee or other charge to a recruitment or placement
service and have been informed of their rights and duties.
• Interviews, in private, with seafarers to determine that the
recruitment and placement service used does not operate a
blacklist.

Examples of deficiencies
• No documentary evidence available to indicate that the service
or agency is operated in accordance with the MLC, 2006.
 X Guidelines for port State inspections – MLC, 2006 41
4. More detailed inspection of maritime labour conditions on ships

• A seafarer who was recruited through a private seafarer

recruitment and placement service that was not licensed or
certified or regulated in accordance with the MLC, 2006, or
whose license or certificate or any other similar document is no
longer valid.
• Use of a private recruitment and placement service requiring
the seafarer to pay a fee or other charge for employment
services.
• A seafarer working on board who was recruited by a
recruitment and placement service operating in a State which
is not party to the MLC, 2006, in cases where the shipowner
cannot support its conclusion of consistency with the MLC,
2006.

Regulation 2.1 – Seafarers’ employment agreements

(Appendix A5-III – Seafarers’ employment agreements)
Basic requirements
• All seafarers must have a copy of their seafarers’ employment
agreement (SEA) signed by both the seafarer and the
shipowner or shipowner’s representative (or other evidence
of contractual or similar arrangements) (Standard A2.1,
paragraph 1(a)).
• A SEA must, at a minimum, contain the matters set out in
Standard A2.1, paragraph 4(a)–(k) of the MLC, 2006 (Standard
A2.1, paragraph 4).
• Seafarers must also be given a document containing a record
of their employment on the ship (such as a discharge book)
(Standard A2.1, paragraph 1(e)).
• Where a collective bargaining agreement forms all or part
of the SEA, the agreement must be on board the ship with
relevant provisions in English (except for ships engaged only in
domestic voyages) (Standard A2.1, paragraph 2).
42 X Guidelines for port State inspections – MLC, 2006
4. More detailed inspection of maritime labour conditions on ships

• A SEA continues to have effect while a seafarer is held captive

on or off the ship as a result of acts of piracy1 or armed robbery
against ships,2 regardless of whether the date fixed for its
expiry has passed or either party has given notice to suspend
or terminate it (Standard A2.1, paragraph 7).

Sources of information
• A copy of the SEA (or other evidence of contractual or similar
arrangements) and any applicable collective bargaining
agreements for seafarers and, at a minimum, a standard form
of the SEA (in English) for the ship.
• Evidence, where possible, given the timing of the inspection
relative to employment period, of possession by seafarers of a
record of their employment.
• Seafarers’ records of employment to determine that they do
not contain statements as to the quality of their work or as to
their wages.
• Interviews, in private, with seafarers to confirm that, on
signing a SEA, they were given an opportunity to examine and
seek advice and freely accepted the agreement before signing.

Examples of deficiencies
• A seafarer without a SEA (or other evidence of contractual or
similar arrangements) working on the ship.
• A seafarer, with a SEA that does not contain all the items in
Standard A2.1, paragraph 4(a)–(k).

1 Piracy has the same meaning as in the United Nations Convention on the Law of the
Sea, 1982 (Standard A2.1, paragraph 7(a)).
2 Armed robbery against ships means any illegal act of violence or detention or any act
of depredation, or threat thereof, other than an act of piracy, committed for private
ends and directed against a ship or against persons or property on board such a
ship, within a State’s internal waters, archipelagic waters and territorial sea, or any
act of inciting or of intentionally facilitating an act described above (Standard A2.1,
paragraph 7(b)).
 X Guidelines for port State inspections – MLC, 2006 43
4. More detailed inspection of maritime labour conditions on ships

• A seafarer with a SEA that is inconsistent with the national

requirements of the flag State.
• No system or provisions for seafarers to have their
employment recorded.
• Seafarers are not given a record of their employment on the
ship on completion of engagement.
• A collective bargaining agreement that forms all or part of the
SEA is either not on board or, if on board, not in English on a
ship that engages in international voyages.
• Standard form SEA is not in English.

• The SEA contains clauses that violate seafarers’ rights.

Regulation 2.2 – Wages

(Appendix A5-III – Payment of wages)
Basic requirements
• Seafarers must be paid at no greater than monthly intervals
and in full for their work in accordance with their employment
agreements (Regulation 2.2, paragraph 1; Standard A2.2,
paragraph 1).
• Seafarers are entitled to an account each month indicating
their monthly wage and any authorized deductions such as
allotments (Standard A2.2, paragraphs 2, 3 and 4).
• No unauthorized deductions, such as payments for travel to or
from the ship (Regulation 2.2, paragraph 1).
• Charges for remittances/allotment* transmission services
must be reasonable and exchange rates in accordance with
national requirements (Standard A2.2, paragraph 5).
• Where a seafarer is held captive on or off the ship as a result
of acts of piracy or armed robbery against ships, wages and
other entitlements under the SEA, relevant collective bargaining
44 X Guidelines for port State inspections – MLC, 2006
4. More detailed inspection of maritime labour conditions on ships

agreement or applicable national laws, including the remittance

of any allotments, must continue to be paid during the entire
period of captivity and until the seafarer is released and duly
repatriated; or, where the seafarer dies while in captivity, until
the date of death as determined in accordance with applicable
national laws or regulations (Standard A2.2, paragraph 7).
* An allotment is an arrangement whereby a proportion of
seafarers’ earnings are regularly remitted, on their request, to their
families or dependants or legal beneficiaries whilst the seafarers
are at sea (Standard A2.2, paragraphs 3 and 4).

Sources of information
• The SEA and documentation, such as the payroll records to
confirm that wages are being paid at intervals no greater
than one month as specified in their SEA or relevant collective
agreements.
• Relevant documents showing service charges and exchange
rates applied to any remittances made to the seafarers’
families or dependants or legal beneficiaries at their request.
• Relevant documents to confirm the payment of wages
including the requirement that a monthly account (such as
a wage slip) is provided to the seafarers. Copies of individual
accounts should be available to PSCOs at their request.
• Interviews, in private, with seafarers to confirm compliance
with requirements on the payment of wages.

Examples of deficiencies
• A seafarer is not paid regularly (at least monthly) and in full in
accordance with the SEA or collective bargaining agreement.
• A seafarer is not given a monthly account (such as a wage slip)
of wages.
• Allotments are not being paid or are not being paid in
accordance with the seafarer’s instructions.
 X Guidelines for port State inspections – MLC, 2006 45
4. More detailed inspection of maritime labour conditions on ships

• Charge for converting and transmitting currencies is not in line

with national requirements.
• More than one set of wage accounts is in use.

• A seafarer who is held captive on or off the ship as a result of

acts of piracy or armed robbery against ships is not or has
not been paid during the entire period of captivity and until
the release and due repatriation of the seafarer or, where
the seafarer dies while in captivity, until the date of death, as
determined in accordance with national laws and regulations.

Regulation 2.3 – Hours of work and hours of rest

(Appendix A5-III – Hours of work or rest)
Basic requirements
• The minimum hours of rest * must not be less than ten hours
in any 24-hour period, and 77 hours in any seven-day period,
if the relevant national law relates to hours of rest, or, if the
relevant national law relates to hours of work, the maximum
hours of work ** must not exceed 14 hours in any 24-hour
period and 72 hours in any seven-day period (Standard A2.3,
paragraph 5, as implemented in national standards). ***
• Hours of rest may be divided into no more than two periods,
one of which must be at least six hours; the interval between
consecutive periods of rest must not exceed 14 hours
(Standard A2.3, paragraph 6, as implemented in the national
standards). ***
• Account must be taken of the danger posed by the fatigue of
seafarers (Standard A2.3, paragraph 4).
* Hours of rest means time outside hours of work; this term does
not include short breaks (Standard A2.3, paragraph 1(b)).
** Hours of work means time during which seafarers are required
to do work on account of the ship (Standard A2.3, paragraph 1(a)).
*** With respect to the national standards implementing Standard
A2.3:
46 X Guidelines for port State inspections – MLC, 2006
4. More detailed inspection of maritime labour conditions on ships

Standard A2.3, paragraph 3, provides that “Each Member acknowl-

edges 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.”

Standard A2.3, paragraph 7, provides that “Musters, firefighting

and lifeboat drills, and drills prescribed by national laws and reg-
ulations and by international instruments, shall be conducted in a
manner that minimizes the disturbance of rest periods and does
not induce fatigue.”

Standard A2.3, paragraph 8, provides that “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.”

Standard A2.3, paragraph 13, provides that “Nothing in paragraphs

5 and 6 of this Standard shall prevent a Member from having
national laws or regulations or a procedure for the competent
authority to authorize or register collective agreements permit-
ting exceptions to the limits set out. Such exceptions shall, as far
as possible, follow the provisions of this Standard but may take
account of more frequent or longer leave periods or the granting
of compensatory leave for watchkeeping seafarers or seafarers
working on board ships on short voyages.”

Sources of information
• An approved standardized table of shipboard working
arrangements setting out the national requirements for
maximum hours of work or the minimum hours of rest and
the schedule for service at sea and in port, which should be
posted in an easily accessible place on the ship (the table of
working arrangements or schedule in the working language or
languages of the ship and in English).
• Documents (the SEA or the relevant collective agreement
and other documents, such as the bridge and engine room
logbooks, that can also be checked) to confirm compliance with
 X Guidelines for port State inspections – MLC, 2006 47
4. More detailed inspection of maritime labour conditions on ships

the basic requirements concerning minimum hours of rest or

maximum hours of work.
• A table of working arrangements or schedule in the working
language or languages of the ship and in English.
• Up to date records of work or rest, as required under national
standards, for each seafarer serving on the ship.
• Cases of seafarer fatigue, possibly indicated by hours of
work that are consistently at the upper limits and by other
contributory factors, such as disrupted rest periods; or cases
of seafarers showing symptoms such as lack of concentration,
irrelevant and inconsistent replies to questions, yawning and
slow reaction times.

Examples of deficiencies
• A seafarer’s work schedule does not conform to the applicable
standards.
• Table of working arrangements is not posted or does not
contain required information.
• Table of working arrangements is not in English and the
working language(s) of the ship.
• Records of work or rest are not available or are not maintained.

• Evidence of exceeding the limits of work and no record of

suspension of the schedule, in accordance with Standard
A2.3, paragraph 14, have been noted in a logbook or other
document.

Regulation 2.5 – Repatriation

(Appendix A5-III – Financial security for repatriation)
Basic requirements
For all ships:
48 X Guidelines for port State inspections – MLC, 2006
4. More detailed inspection of maritime labour conditions on ships

• A financial security system to assist seafarers in the event of

their abandonment,3 is in place (Standard A2.5.2, paragraphs
1 and 3).
• The financial security system may be in the form of a social
security scheme or insurance or a national fund or other
similar arrangements (Standard A2.5.2, paragraph 3).
• The financial security system must provide direct access,
sufficient coverage and expedited financial assistance
(Standard A2.5.2, paragraph 4).
• Assistance provided by the financial security system must
be granted promptly upon a request made by the seafarer
or seafarer’s nominated representative and supported by
the necessary justification of entitlement (Standard A2.5.2,
paragraphs 8 and 2).
• Assistance provided by the financial security system must be
sufficient to cover (Standard A2.5.2, paragraph 9):

a) outstanding wages and other entitlements due from the ship-

owner limited to four months;
b) all expenses reasonably incurred by the seafarer, including
the cost of repatriation (which must cover travel by appro-
priate and expeditious means, normally by air, and provision
for food and accommodation from the time of leaving the
ship until arrival at home, necessary medical care, passage
and transport of personal effects and any other reasonable

3 Note: A seafarer is deemed to have been abandoned where the shipowner:

a) fails to cover the cost of the seafarer’s repatriation; or
b) has left the seafarer without the necessary maintenance and support (adequate
food, accommodation, drinking water supplies, essential fuel for survival on
board the ship and necessary medical care (Standard A2.5.2, paragraph 5)); or
c) has otherwise unilaterally severed their ties with the seafarer including failure to
pay contractual wages for a period of at least two months.
 X Guidelines for port State inspections – MLC, 2006 49
4. More detailed inspection of maritime labour conditions on ships

costs or charges arising from the abandonment (Standard

A2.5.2, paragraph 10));
c) essential needs of the seafarer including such items as: ade-
quate food, clothing where necessary, accommodation,
drinking water supplies, essential fuel for survival on board
the ship, necessary medical care and any other reasonable
costs or charges from the act or omission constituting the
abandonment until the seafarer’s arrival at home.
• The financial security must not cease before the end of the
period of validity of the financial security unless the financial
security provider has given prior notification of at least 30 days
to the competent authority of the flag State (Standard A2.5.2,
paragraph 11).

Additional basic requirements for ships required

to be certified:4
• Ships must carry on board a certificate of financial security or
other documentary evidence issued by the financial security
provider (Standard A2.5.2, paragraph 6).
• A copy of the certificate or other documentary evidence must
be posted in a conspicuous place on board where it is available
to the seafarer (Standard A2.5.2, paragraph 6).
• Where more than one financial security provider provides
cover, the document provided by each provider must be
carried on board (Standard A2.5.2, paragraph 6).

4 This means “ships to which paragraph 1 or 2 of Regulation 5.1.3 applies” (Standard

A2.5.2, paragraph 6), i.e. ships of 500 gross tonnage or over, engaged in international
voyages (voyages from a country to a port outside such a country); ships of 500 gross
tonnage or over, flying the flag of a Member and operating from a port, or between
ports, in another country; and other ships at the request of the shipowner to the
Member concerned.
50 X Guidelines for port State inspections – MLC, 2006
4. More detailed inspection of maritime labour conditions on ships

• The certificate or other documentary evidence of financial

security must contain the information required in Appendix
A2-I (Standard A2.5.2, paragraph 7).
• The certificate or other documentary evidence must be in
English or accompanied by an English translation (Standard
A2.5.2, paragraph 7).

Sources of information
For all ships:
• Relevant documents confirming that financial security has
been provided.
• SEA.

• Collective bargaining agreement, if any.

• Relevant on-board complaint, if any.

• Last inspection report for MLC, 2006 as amended.

• Consultation of a relevant labour authority ashore, if

considered appropriate.
In addition, for ships required to be certified:
• The valid financial security certificate or other documentary
evidence issued by the financial security provider, including as
regards the social security scheme in place.
• Interviews, in private, with seafarers.

• The DMLC, Part I to check whether there are any national

substantial equivalences, and, if so, DMLC, Part II to check for
compliance.

Examples of deficiencies
For all ships:
• No evidence that financial security for repatriation has been
provided.
 X Guidelines for port State inspections – MLC, 2006 51
4. More detailed inspection of maritime labour conditions on ships

• Seafarers are not provided with direct access to the financial

security system when they have been abandoned.

• The assistance provided by the financial security system

does not cover outstanding wages limited to four months,
reasonable expenses including the cost of repatriation and the
seafarer’s essential needs.
• The financial security:

i) has ceased before the expiration date stated on the

financial security certificate or
ii) has ceased before the end of the notice period of at least
30 days given to the competent authority (where appli-
cable); or
iii) is otherwise invalid.

In addition, for ships required to be certified:

• The certificate of financial security or other documentary
evidence issued by the financial security provider, including as
regards the social security scheme in place, is not carried on
board.

• Where more than one financial security provider provides

cover, not all documents provided by each provider are carried
on board.

• The certificate or other documentary evidence is not posted

in a conspicuous place on board where it is available to
seafarers.

• The certificate or other documentary evidence does not

include the required information as set out in Appendix 2-I.

• The certificate or other documentary evidence is not

available in English or is not accompanied by an English
translation.
52 X Guidelines for port State inspections – MLC, 2006
4. More detailed inspection of maritime labour conditions on ships

• The financial security certificate or other documentary

evidence is invalid, for example, is expired or falsified.

Regulation 2.7 – Manning levels

(Appendix A5-III – Manning levels for the ship)

Basic requirements
• Ships must have a sufficient number of seafarers employed on
board to ensure that ships are operated safely, efficiently and
with due regard to security under all conditions, taking into
account concerns about fatigue and the particular nature and
conditions of voyage (Regulation 2.7).
• Ships as a minimum must comply with the manning levels
as stated in the SMD or equivalent issued by the competent
authority (Standard A2.7, paragraph 1).

Sources of information
• SMD or applicable equivalent.

• Crew list to ascertain number, category (such as cooks and

those responsible for food preparation and those who are
responsible for medical care) and qualifications of seafarers
working on board.
• On-board table of working arrangements to confirm that safe
manning requirements are being implemented.
• Interviews, in private, with seafarers to confirm that
requirements are met.

Examples of deficiencies
• Numbers and/or categories of seafarers working on board do
not comply with at least the minimum specified in the SMD.
• No SMD or equivalent on board.
 X Guidelines for port State inspections – MLC, 2006 53
4. More detailed inspection of maritime labour conditions on ships

Regulation 3.1 – Accommodation and recreational facilities

(Appendix A5-III – Accommodation)
(Appendix A5-III – On-board recreational facilities)

Basic requirements
• Ships must be in compliance with the minimum standards
established by the MLC, 2006, providing and maintaining
decent accommodation andrecreational facilities for
seafarers working or living on ships, or both, consistent with
promoting seafarers’ health and well-being (Regulation 3.1,
paragraph 1).

• Seafarer accommodation must be safe and decent and must

meet national requirements implementing the MLC, 2006
(Standard A3.1, paragraph 1).

• Frequent inspections of seafarer accommodation areas are

carried out by the master or a designate (Standard A3.1,
paragraph 18) and are recorded and the records are available
for review.
Note: For ships that were in existence before entry into force of the MLC,
2006, for the flag State: These ships may still be inspected in connection
with seafarers’ accommodation and recreational facilities to verify that
the ship:

– meets the standards set out in ILO Conventions Nos 92,

133 or 147 (if applicable in the flag State) (Regulation 3.1,
paragraph 2); and/ or

– provides and maintains decent accommodation and

recreational facilities for seafarers working or living on
board, or both, consistent with promoting the seafarers’
health and well-being (Regulation 3.1, paragraph 1).

Sources of information
• The construction plan of the ship showing dimensions and
identifying the use to be made of each room or other area.
54 X Guidelines for port State inspections – MLC, 2006
4. More detailed inspection of maritime labour conditions on ships

• The crew list for a comparison with the number of sleeping

rooms and berths.
• Visual observation of seafarers’ on-board accommodation
and recreational facilities with particular attention paid to the
following requirements in the MLC, 2006:
• general requirements (Standard A3.1, paragraph 6);

• the size of rooms and other accommodation spaces

(Standard A3.1, paragraphs 9 and 10);
• heating and ventilation (Standard A3.1 paragraph 7);

• noise and vibration and other ambient factors (Standard

A3.1, paragraph 6(h));
• sanitary and related facilities (Standard A3.1, paragraphs 11
and 13);
• lighting (Standard A3.1, paragraph 8);

• hospital accommodation (Standard A3.1, paragraph 12);

• recreational facilities (Standard A3.1, paragraphs 14 and

17);
• occupational safety and health and accident prevention
requirements on ships, in light of the specific needs of
seafarers who both live and work on ships (Standard A3.1,
paragraphs 2(a) and 6(h)).
• The on-board records to confirm that frequent inspections
are carried out by or under the authority of the ship’s master
as well as for ships that carry a Maritime Labour Certificate,
the DMLC Part II to check that other inspections or actions
provided for in the shipowners’ approved measures have been
carried out.
• Evidence that measures are being taken on the ship to monitor
noise and vibration levels in seafarers’ working and living
areas.
 X Guidelines for port State inspections – MLC, 2006 55
4. More detailed inspection of maritime labour conditions on ships

Examples of deficiencies
• Location of sleeping rooms on the ship does not conform to
national standards implementing the MLC, 2006.
• Number and/or size (including height) of sleeping rooms do not
conform to national standards implementing the MLC, 2006.
• There is more than one seafarer per berth.

• Recreational facilities do not conform to national standards

implementing the MLC, 2006.
• Heating, lighting or ventilation is inadequate or not functioning
correctly.
• Fittings and fixtures within seafarer accommodation areas,
including the hospital, mess rooms and recreational rooms,
do not conform to national standards implementing the MLC,
2006.
• Separate sleeping rooms are not provided for males and
females.
• Separate sanitation facilities are not provided for males and
females.
• Sanitary facilities are inadequate or not functioning correctly.

• Hospital is being used to accommodate persons who are not

sick.
• Seafarer accommodation or recreational facilities are not being
maintained in a clean and tidy condition.
• Regular inspections of seafarer accommodation are not being
carried out by the master or another designated person.
• Laundry facilities are inadequate or not functioning correctly.

• Exposure to hazardous levels of noise and vibration and other

ambient factors and chemicals in the seafarer accommodation
or recreational or catering facilities.
56 X Guidelines for port State inspections – MLC, 2006
4. More detailed inspection of maritime labour conditions on ships

Regulation 3.2 – Food and catering

(Appendix A5-III – Food and catering)
Basic requirements
• Food and drinking water must be of appropriate quality,
nutritional value and quantity, taking into account the
requirements of the ship and the differing cultural and
religious backgrounds of seafarers on the ship (Regulation 3.2,
paragraph 1).
• Food is to be provided free of charge to seafarers during the
period of engagement (Regulation 3.2, paragraph 2).
• Seafarers employed as ship’s cooks * with responsibility
for preparing food must be trained and qualified for their
positions (Standard A3.2, paragraph 3).
• Seafarers working as ships’ cooks must not be under the age of
18 (Standard A3.2, paragraph 8).
• Frequent and documented inspections of food, water and
catering facilities must be carried out by the master or a
designate (Standard A3.2, paragraph 7).
* “Ship’s cook” means a seafarer with responsibility for food
preparation (Regulation 3.2, paragraph 3; Standard A3.2, para-
graphs 3 and 4).

Sources of information
• Documents (see Regulation 1.1 on minimum age) to confirm
that the ship’s cooks are 18 years old or older and that the
ship’s cooks are trained, qualified and competent for their
positions in accordance with national requirements. In cases
where a fully qualified cook is not required, evidence that
seafarers processing food in the galley are trained orinstructed
in food and personal hygiene and handling and storage of food
on board ships.
• On-board records to confirm that frequent and documented
inspections are made of:
 X Guidelines for port State inspections – MLC, 2006 57
4. More detailed inspection of maritime labour conditions on ships

• supplies of food and drinking water;

• spaces used for handling and storage of food;

• galleys and other equipment used in the preparation and

service of meals.
• Visual observation of catering facilities, including galleys
and storerooms, to check that they are hygienic and fit for
purpose.
• Evidence concerning how drinking water quality is monitored
and the results of such monitoring.
• Menu plans together with visual observation of food supplies
and storage areas to ensure that the food supplied is of an
appropriate quality (for example, not out of date) and quantity
and nutritional value and is varied in nature.
• Interviews, in private, with a representative number of
seafarers to ensure that seafarers are not charged for food and
are provided with drinking water and that food and drinking
water are of appropriate quality and quantity.

Examples of deficiencies
• Food and drinking water are not of appropriate quality,
nutritional value and quantity, for the seafarers on the ship.
• Seafarer is charged for food and/or is not provided with
drinking water.
• Seafarer who has responsibility for preparing food is untrained
or not instructed as required.
• Ship’s cook is not trained and qualified.

• Ship’s cook is under the age of 18.

• Frequent and documented inspections of the food or water,

or of the preparation, storage or handling areas, are not being
carried out.
58 X Guidelines for port State inspections – MLC, 2006
4. More detailed inspection of maritime labour conditions on ships

• Catering facilities are not hygienic or are otherwise unfit for

their purpose.

Regulation 4.1 – Medical care on board ship and ashore

(Appendix A5-III – On-board medical care)
Basic requirements
• Seafarers must be covered by adequate measures for the
protection of their health and have access to prompt and
adequate medical care, including essential dental care, whilst
working on board (Regulation 4.1, paragraph 1; Standard A4.1,
paragraph 1).
• Health protection and care are to be provided at no cost to
the seafarer, in accordance with national law and practice
(Regulation 4.1, paragraph 2).
• Shipowners are to allow seafarers the right to visit a qualified
medical doctor or dentist without delay in ports of call, where
practicable (Standard A4.1, paragraph 1(c)).
Note: Port States are required to ensure that seafarers on board ships in their
territory who are in need of immediate medical care are given access to the
port State’s medical facilities on shore (Regulation 4.1, paragraph 3).

Sources of information
• Documents (such as the SEA) to confirm that, to the extent
consistent with the flag State’s law and practice, medical care
and health protection services while seafarers are on board
ship or landed in a foreign port are provided free of charge to
seafarers (Standard A4.1, paragraph 1(d)).
• Documents (such as the SEA) to confirm that seafarers are
given the right to visit a qualified medical doctor or dentist
without delay in ports of call, where practicable (Standard A4.1,
paragraph 1(c)).
• The DMLC Part II to check what provision the shipowner has
made for access to medical facilities ashore.
 X Guidelines for port State inspections – MLC, 2006 59
4. More detailed inspection of maritime labour conditions on ships

• Records and equipment to confirm that general provisions

on occupational health protection and medical care are being
observed (Standard A4.1, paragraph 1(a)).
• Visual observation to confirm that the ship is equipped with
sufficient medical supplies including a medicine chest and
equipment, including either the most recent edition of the
International Medical Guide for Ships or a medical guide as
required by national laws and regulations.
• Documents (such as the SMD and crew list) to confirm that:

• a qualified medical doctor is working on board (in the

case of ships that carry 100 or more people and that are
ordinarily engaged in voyages of more than three days’
duration); or
• where ships are not required to carry a medical doctor, they
have at least one seafarer on board (who is trained and
qualified to the requirements of STCW) to be in charge of
medical care or is competent to provide medical first aid as
part of their regular duties.
• Evidence that medical report forms are carried on board the
ship.
• Interviews, in private, with a representative number of
seafarers to confirm that seafarers have access to medical
care on board without charge and are given leave to obtain
medical and dental care services when calling in a port, where
practicable.
• Evidence that procedures are in place for radio or satellite
communications for medical assistance.

Examples of deficiencies
• A seafarer working on the ship is denied, without justification,
shore leave by the master and/or shipowner to go ashore for
medical or dental care.
60 X Guidelines for port State inspections – MLC, 2006
4. More detailed inspection of maritime labour conditions on ships

• A seafarer is not provided with appropriate health protection

and medical care on board ship.
• Medical personnel, with appropriate qualifications, as required
by national laws or regulations, are not on board.
• Medical chest or equipment does not meet national standards
and/or no medical guide is on board.
• No medical report forms are on board.

• There is evidence that a seafarer is being charged for medical

or dental care contrary to national law or practice.

Regulation 4.2 – Shipowners’ liability

(Appendix A5-III – Financial security relating
to shipowners’ liability)
Basic requirements
• Seafarers have a right to material assistance and support from
the shipowner with respect to the financial consequences
of sickness, injury or death occurring while they are serving
under a SEA or arising from their employment under such
agreement (Regulation 4.2, paragraph 1).
• Shipowners are liable to defray the expense of medical care,
including medical treatment and the supply of the necessary
medicines and therapeutic appliances, and board and
lodging away from home until the sick or injured seafarer has
recovered, or until the sickness or incapacity has been declared
of a permanent character (Standard A4.2.1, paragraph 1(c)).
• Measures are to be taken by shipowners or their
representatives for safeguarding property of seafarers left on
board by sick, injured or deceased seafarers and for returning
it to them or to their next of kin (Standard A4.2.1, paragraph 7).
• Shipowners are to provide financial security to assure
compensation in the event of the death or long-term disability
 X Guidelines for port State inspections – MLC, 2006 61
4. More detailed inspection of maritime labour conditions on ships

of seafarers due to an occupational injury, illness or hazard,

as set out in national law, the SEA or collective agreement
(Standard A4.2.1, paragraph 1(b)).

• The system of financial security, as provided for in Standard

A4.2.1, paragraph 1(b), may be in the form of a social security
scheme, insurance fund or other similar arrangements
(Standard A4.2.2, paragraph 2).
• The contractual compensation where set out in the SEA and
without prejudice to Standard A4.2.1. paragraph 8(c), must
be paid in full and without delay (Standard A4.2.1, paragraph
8(a)).
• There must not be pressure to accept a payment less than the
contractual amount (Standard A4.2.1, paragraph 8(b)).
• Where the nature of the long-term disability of a seafarer
makes it difficult to assess the full compensation to which the
seafarer may be entitled, an interim payment or payments
must be made to the seafarer so as to avoid undue hardship
(Standard A4.2.1, paragraph 8(c)).
• The seafarer must receive payment without prejudice to other
legal rights, but such payment may be offset by the shipowner
against any damages resulting from any other claim made by
the seafarer against the shipowner and arising from the same
incident (Standard A4.2.1, paragraph 8(d)).
• The claim for contractual compensation may be brought
directly by the seafarer concerned, or their next of kin, or
a representative of the seafarer or designated beneficiary
(Standard A4.2.1, paragraph 8(e)).
• For the purposes of Standard A4.2.1, paragraph 8, the term
“contractual claim” means any claim which relates to death or
long-term disability of seafarers due to an occupational injury,
illness or hazard as set out in national law, the SEA or collective
agreement (Standard A4.2.2, paragraph 1).
62 X Guidelines for port State inspections – MLC, 2006
4. More detailed inspection of maritime labour conditions on ships

• Effective arrangements must be in place to receive, deal

with and impartially settle contractual claims relating to
compensation referred to in Standard A4.2.1, paragraph 8,
through expeditious and fair procedures (Standard A4.2.2,
paragraph 3).
• Seafarers must receive prior notification if a shipowner’s
financial security is to be cancelled / terminated (Standard
A4.2.1, paragraph 9).
• The provider of the financial security must notify the competent
authority of the flag State if a shipowner’s financial security is
cancelled or terminated (Standard A4.2.1, paragraph 10).
• The financial security shall not cease before the end of the
period of validity of the financial security unless the provider
has given prior notification of at least 30 days to the competent
authority of the flag State (Standard A4.2.1, paragraph 12).
• The financial security must provide for the payment of all
contractual claims covered by it, which arise during the period
for which the document is valid (Standard A4.2.1, paragraph
13).
• A certificate or other documentary evidence of financial
security issued by the financial security provider must be
carried on board (Standard A4.2.1, paragraph 11).
• A copy of the certificate or other documentary evidence of
financial security must be posted in a conspicuous place on
board where it is available to the seafarers (Standard A4.2.1,
paragraph 11).
• Where more than one financial security provider provides
cover, the document provided by each provider must be
carried on board (Standard A4.2.1, paragraph 11).
• The certificate or other documentary evidence of financial
security must contain the information required in Appendix
A4-I (Standard A4.2.1, paragraph 14).
 X Guidelines for port State inspections – MLC, 2006 63
4. More detailed inspection of maritime labour conditions on ships

• It must be in English or accompanied by an English translation

(Standard A4.2.1, paragraph 14).

Sources of information
• The valid financial security certificate or other documentary
evidence issued by the financial security provider.
• The DMLC, Part I to check whether there are any national
substantial equivalences and, if so, the DMLC, Part II to check
for compliance.
• The SEA and/or relevant collective bargaining agreement to
verify that seafarers have the coverage required by national
law implementing the MLC, 2006.
• Relevant on-board complaint, if any.

• Interviews, in private, with seafarers.

• Consultation of a relevant labour authority ashore, if

considered appropriate.

Examples of deficiencies
• Where applicable, provisions in the SEA or collective bargaining
agreement are not consistent with national requirements
implementing the MLC, 2006.
• Seafarers do not receive contractual compensation payments
as set out in the SEA or collective bargaining agreement.
• Contractual compensation delayed or not paid in full.

• Seafarers are pressured to accept a payment less than the

contractual amount.
• Interim payment(s) are not made to the seafarer, where the
nature of the long-term disability of a seafarer makes it difficult
to assess the full compensation to which the seafarer may be
entitled.
64 X Guidelines for port State inspections – MLC, 2006
4. More detailed inspection of maritime labour conditions on ships

• Seafarers are not provided with direct access to the financial

security system.
• No effective arrangements are in place to receive, deal with
and impartially settle contractual claims.
• If the shipowner’s financial security is to be or has been
cancelled or terminated, and seafarers have not been
notified.
• The financial security:

i) has ceased before the expiration date stated on the

financial security certificate or
ii) has ceased before the end of the notice period of at least
30 days given to the competent authority (where appli-
cable); or
iii) is otherwise invalid.
• The certificate of financial security or other documentary
evidence issued by the financial security provider, is not carried
on board.
• Where more than one financial security provider provides
cover, not all documents provided by each provider are carried
on board.
• The certificate or other documentary evidence is not posted
in a conspicuous place on board or is not available to
seafarers.
• The financial security certificate or other documentary
evidence does not include the required information as set out
in Appendix A4-I.
• The certificate or other documentary evidence is not available
in English or is not accompanied by an English translation.
• The financial security certificate or other documentary
evidence is invalid, for example is expired or falsified.
 X Guidelines for port State inspections – MLC, 2006 65
4. More detailed inspection of maritime labour conditions on ships

Regulation 4.3 – Health and safety protection

and accident prevention
(Appendix A5-III – Health and safety
and accident prevention)

Basic requirements
• The working, living and training environment on ships must
be safe and hygienic and conform to national laws and
regulations and other measures for occupational safety and
health protection and accident prevention on board ship.
Reasonable precautions are to be taken on the ships to prevent
occupational accidents, injuries and diseases including risk of
exposure to harmful levels of ambient factors and chemicals
as well as the risk of injury or disease that may result from the
use of equipment and machinery on the ship (Standard A4.3,
paragraph 1(b)).
• Ships must have an occupational safety and health policy and
programme to prevent occupational accident injuries and
diseases, with a particular concern for the safety and health of
seafarers under the age of 18 (Standard A4.3, paragraphs 1(c)
and 2(b)).
• A ship safety committee, that includes participation by the
seafarer safety representative, is required (for ships with five
or more seafarers) (Standard A4.3, paragraph 2(d)).
• Risk evaluation is required for on-board occupational safety
and health management (taking into account relevant
statistical data) (Standard A4.3, paragraph 8).

Sources of information
• Relevant documents, such as the on-board occupational
accident reports, and the reports of risk evaluations
undertaken for the management of occupational safety and
health on the ship.
66 X Guidelines for port State inspections – MLC, 2006
4. More detailed inspection of maritime labour conditions on ships

• Documents evidencing membership and meetings of the

safety committee (e.g. records and minutes of the meetings,
etc.) if the ship has five or more seafarers.
• Documents related to the ship’s on-board ongoing
occupational safety and health policy and programme, to
confirm that:
• it is available to seafarers;

• it is consistent with national provisions;

• it includes risk evaluation, training and instruction for

seafarers;
• it pays special attention to the health and safety of young
seafarers;
• adequate preventive measures are being taken;

• appropriate personal protective equipment is being used

and maintained correctly.
• Relevant occupational safety and health and accident
prevention notices and official instructions with respect to
particular hazards on the ship, which should be posted on the
ship in a location that will bring it to the attention of seafarers
(Standard A4.3, paragraph 7).
• Evidence that appropriate protective equipment is available for
seafarers to use.
• Evidence that a reporting procedure for occupational accidents
is in place.
• Interviews, in private, with a representative number of
seafarers to confirm on-board occupational safety and health
programmes and practices.
• Evidence that, with respect to health and safety protection
and accident prevention, special consideration is given to any
national requirements, if applicable, covering:
 X Guidelines for port State inspections – MLC, 2006 67
4. More detailed inspection of maritime labour conditions on ships

• the structural features of the ship, including means of

access and asbestos-related risks;

• machinery;

• the effects of the extremely low or high temperature of any

surfaces with which seafarers may be in contact;
• the effects of noise in the workplace and in shipboard
accommodation;
• the effects of vibration in the workplace and in shipboard
accommodation;
• the effects of ambient factors (other than noise
and vibration) in the workplace and in shipboard
accommodation, including tobacco smoke;
• special safety measures on and below deck;

• loading and unloading equipment;

• fire prevention and firefighting;

• anchors, chains and lines;

• dangerous cargo and ballast;

• personal protective equipment for seafarers;

• work in enclosed spaces;

• physical and mental effects of fatigue;

• the effects of drug and alcohol dependency;

• HIV and AIDS protection and prevention;

• emergency and accident response.

Examples of deficiencies
• Conditions exist on board which may impair efforts to prevent
accidents.
68 X Guidelines for port State inspections – MLC, 2006
4. More detailed inspection of maritime labour conditions on ships

• No evidence of an on-board policy and/or programmes for the

prevention of occupational accidents, injuries and diseases.
• No established or functioning ship’s safety committee when
there are five or more seafarers working on board.
• Personal protective equipment is in poor condition or being
incorrectly used or not being used.
• Risk assessments are missing.

• Seafarers are unaware of the measures adopted by the

management to provide OSH and to prevent accidents.
• Risks posed to young seafarers have not been addressed.

• Occupational accidents are not being investigated or reported

in accordance with the ship’s procedures.

Regulation 5.1.5 – On-board complaint procedures

(Appendix A5-III – On-board complaint procedures)
Basic requirements
• Ships must have on-board procedures for the fair, effective and
expeditious handling of seafarer complaints alleging breaches
of the requirements of the MLC, 2006 (including seafarers’
rights) (Regulation 5.1.5, paragraph 1).
• All seafarers must be provided with a copy of the on-board
complaint procedures applicable on the ship (Standard A5.1.5,
paragraph 4). This should be in the working language of the
ship.
• Victimization of seafarers for filing complaints under the MLC,
2006, is prohibited (Regulation 5.1.5, paragraph 2).

Sources of information
• The document outlining the on-board complaint procedures
to confirm that the procedures are functioning on the ship,
 X Guidelines for port State inspections – MLC, 2006 69
4. More detailed inspection of maritime labour conditions on ships

particularly with respect to the right of representation, the

required safeguards against victimization and the ability of
seafarers to complain directly to the ship’s master or to an
external authority.
• Interviews, in private, with a representative number of
seafarers to confirm that they are given a copy of the on-board
complaint procedures in the working language of the ship, that
they are able to complain directly to the ship’s master or an
external authority and that there is no victimization.

Examples of deficiencies
• No document setting out the on-board complaint procedures.

• Ship’s on-board complaint procedures are not operating.

• Victimization of a seafarer for making a complaint.

• Seafarer is not provided with a copy of the ship’s on-board

complaint procedures in the working language of the ship.
70 X Guidelines for port State inspections – MLC, 2006
5. Action to be taken by port State control officers when finding
deficiencies or non-conformities

X 5. Action to be taken by port

State control officers when
finding deficiencies or
non-conformities

5.1. Overview of the MLC, 2006, port State

responsibilities
89. Where, following a more detailed inspection, the PSCO finds
that the working and living conditions on the ship do not con-
form to the requirements of the Convention, certain action must
or may be taken, depending upon the situation (Standard A5.2.1,
paragraph 4). This chapter describes the three main steps to be
taken in connection with this final stage in a port State control
inspection.

Step 1: 
Notification of any deficiencies
90. The following action must be taken:
• the deficiencies found must be brought to the attention
of the master of the ship, with required deadlines for their
rectification;
• if the deficiencies are considered by the PSCO to be significant,
or if they relate to a complaint referred to in section 3.3 above,
they must, in accordance with the MLC, 2006 (Standard A5.2.1,
paragraph 4), be brought to the attention of the appropriate
seafarers’ and shipowners’ organizations in the port State in
which the inspection was carried out.

91. Whether or not deficiencies are determined to be signifi-

cant will depend upon the professional judgement of the PSCO
 X Guidelines for port State inspections – MLC, 2006 71
5. Action to be taken by port State control officers when finding
deficiencies or non-conformities

concerned. Deficiencies which, having regard to their nature or

quantity or repetition, the PSCO would not expect to find on a
well-run ship would be significant. Rectification of a deficiency
related to shipowner use of recruitment and placement services
should not, in principle, be to the detriment of the seafarers
affected.
92. Where the deficiencies are significant or relate to a com-
plaint, the PSCO may also:
• notify a representative of the flag State;

• provide the competent authority of the next port of call with

the relevant information (Standard A5.2.1, paragraph 4).

93. The notifications referred to in paragraphs 90 and 91 above

should draw attention to any non-conformities that need to
be rectified before the ship can proceed to sea, stating (unless
obvious) the reason why the non- conformities concerned fall
within Standard A5.2.1, paragraph 6(a) and/or (b) (see paragraph
96 below). The notification of significant deficiencies should
always be in writing.
94. A PSC authority may decide to send the PSCO’s report
to the ILO Director-General accompanied by any comments
received by the flag State authorities (Standard A5.2.1, para-
graph 5).
95. If information is provided to the competent authority of the
next port of call, the PSCO in that port may decide to inspect the
ship to verify that measures have been or are being taken by it
to rectify the deficiency within the deadline given (see paragraph
104 below). If the rectification has not been made, the informa-
tion may be considered as providing clear grounds warranting a
more detailed inspection in accordance with Standard A5.2.1, par-
agraph 1(b) (see paragraph 71 above) and may eventually lead to
the deficiency being considered a non-conformity constituting a
repeated breach referred to in Standard A5.2.1, paragraph 6 (see
below).
72 X Guidelines for port State inspections – MLC, 2006
5. Action to be taken by port State control officers when finding
deficiencies or non-conformities

Step 2: 
Determining whether the ship can sail prior
to rectification
96. Since all possible efforts must be made to avoid a ship being
unduly detained or delayed (see paragraph 108 below), the ship
should be allowed to sail (on the understanding that all deficien-
cies identified will be rectified within the deadline given) unless:
a) the conditions on board are clearly hazardous to the safety,
health or security of seafarers; or
b) the non-conformity or non-conformities found constitute
a serious or repeated breach of the requirements of the
Convention (including seafarers’ rights, whose violation is rel-
evant for the consideration of the seriousness of a non-con-
formity) (Standard A5.2.1, paragraph 6; see also Guideline
B5.2.1, paragraph 2).
97. In either case, the PSCO must take steps to ensure that
the ship does not proceed to sea until all non-conformities cor-
responding to (a) or (b) above have been rectified, or until the
PSCO has accepted a proposal for a plan of action to rectify those
non-conformities.

5.2. Examples of circumstances that may

require detention of the ship
98. Not every deficiency would be sufficiently serious to warrant
preventing a ship from sailing. However repeated breaches may
be a reason for detaining a ship. The following are examples
– and examples only – of the kinds of circumstances which
could warrant a decision to keep the ship in port (in the
absence of agreement on a proposal for a plan of action to
rectify the deficiency) either because they are repeated (in
the sense of occurring several times on a voyage or recurring
after a previous voyage in which the same deficiency was noted)
or because of the seriousness of a single instance:
• the presence of any seafarer on board under the age of 16
(Standard A1.1, paragraph 1);
 X Guidelines for port State inspections – MLC, 2006 73
5. Action to be taken by port State control officers when finding
deficiencies or non-conformities

• the employment of any seafarer under the age of 18 in work

likely to jeopardize their health or safety (Standard A1.1,
paragraph 4) or in night work (see Standard A1.1, paragraphs 2
and 3);

• insufficient manning (Regulation 2.7 and Standard A2.7),

including that caused by the removal from the SMD of
under-age seafarers;
• any other deficiencies constituting a violation of fundamental
rights and principles or seafarers’ employment and social
rights in Articles III and IV;
• any non-conformity applied in a way that violates those
fundamental rights (for example, the attribution of
substandard accommodation based on the race or gender or
trade union activity of the seafarers concerned);
• repeated cases of seafarers without valid certificates
confirming medical fitness for duties (Standard A1.2);
• seafarers on board the same ship repeatedly not in possession
of valid seafarers’ employment agreements (SEAs) or
seafarers with SEAs containing clauses constituting a denial of
seafarers’ rights (Regulation 2.1, paragraph 1);
• seafarers repeatedly working beyond maximum hours of
work (Standard A2.3, paragraph 5(a)) or having less than the
minimum hours of rest (Standard A2.3, paragraph 5(b));
• ventilation and/or air conditioning or heating that is not
working adequately (Standard A3.1, paragraph 7);
• accommodation, including catering and sanitary facilities, that
is unhygienic or where equipment is missing or not functioning
(Standards A3.1, paragraph 11, and A3.2, paragraph 2;
Regulation 4.3, paragraph 1);
• quality and quantity of food and drinking water not suitable for
the intended voyage (Standard A3.2, paragraph 2);
74 X Guidelines for port State inspections – MLC, 2006
5. Action to be taken by port State control officers when finding
deficiencies or non-conformities

• medical guide or medicine chest or medical equipment, as

required, not on board (Standard A4.1, paragraph 4(a));
• no medical doctor for passenger ships engaged in
international voyages of more than three days, carrying 100
persons or more, or no seafarer in charge of medical care on
board (Standard A4.1, paragraph 4(b) and (c));
• repeated cases of non-payment of wages or the non-
payment of wages over a significant period or the
falsification of wage accounts or the existence of more
than one set of wage accounts (Standard A2.2, paragraphs 1
and 2).

99. In considering the above examples, particular reference

should be made to the guidance to be provided to PSCOs
by their authority in accordance with Standard A5.2.1, para-
graph 7, which requires PSCOs to be “given guidance, of the
kind indicated in Part B of the Code, as to the kinds of circum-
stances justifying detention of a ship under paragraph 6 of this
Standard”. Guideline B5.2.1, paragraph 1, recommends that
there should be an inspection policy for PSCOs with the objec-
tive of ensuring consistency and otherwise guiding inspection
and enforcement activities related to the requirements of this
Convention (including seafarers’ rights).
100. Guideline B5.2.1, paragraph 2, indicates circumstances
warranting the detention of a ship considering that with
respect to the breaches referred to in paragraph 6(b) of
Standard A5.2.1, the seriousness could be due to the nature of
the deficiency concerned. This would be particularly relevant in
the case of the violation of fundamental rights and principles
or seafarers’ employment and social rights under Articles III
and IV. For example, the employment of a person who is under
age should be considered as a serious breach even if there is
only one such person on board. In other cases, the number of
different defects found during a particular inspection should
be taken into account: for example, several instances of defects
 X Guidelines for port State inspections – MLC, 2006 75
5. Action to be taken by port State control officers when finding
deficiencies or non-conformities

relating to accommodation or food and catering which do not

threaten safety or health might be needed before they should
be considered as constituting a serious breach.

5.3. Factors to be considered by a PSCO

in deciding whether to accept
a rectification proposal
101. PSCOs should exercise professional judgement to deter-
mine whether to detain a ship until the non-conformities of
the kind referred to in the above examples are corrected or
to allow it to sail with some non- conformities, on the basis of
an acceptable proposal for rectification. Before accepting the
shipowner’s or master’s proposal for rectifying a deficiency,
the PSCO must be satisfied that it will be implemented in an
expeditious manner (Standard A5.2.1, paragraph 6). PSCOs
should therefore not accept a proposal if they have reason to
believe that it may not be implemented expeditiously, unless
they have a means of ensuring, through the assistance of the
flag State or other port States, that the ship will be prevented
from any further sailing if rectification is not expeditiously
implemented.
102. In deciding whether or not to accept a proposal for rectifica-
tion, the following considerations may also be relevant:
• whether or not the non-conformities can be rapidly remedied
in the port of inspection;
• the length and nature of the intended voyage or service;

• the nature of the hazard to seafarers’ safety, health or security;

• the seriousness of the breach of the requirements of the MLC,

2006, (including seafarers’ rights);
• any previous history of the non-conformities or similar ones on
the ship;
• the size and type of ship and equipment provided;
76 X Guidelines for port State inspections – MLC, 2006
5. Action to be taken by port State control officers when finding
deficiencies or non-conformities

• whether or not the appropriate work or rest periods for

seafarers are being observed;
• safe manning requirements;

• the nature of the cargo;

• any non-conformities which have been discovered in previous

ports of call;
• the number of deficiencies found during the particular
inspection.

5.4. Consultation prior to a decision concerning a

rectification proposal
103. Detention of a ship is a serious matter involving many issues.
It will be important for the PSCO to work with other interested
parties. For example, the PSCO may request the shipowner’s rep-
resentatives or seafarers’ representatives to propose a plan of
action for correcting the situation. Since the flag State would have
been notified of the concern, the PSCO should cooperate with the
flag State administration’s representatives or the RO responsible
for issuing the Maritime Labour Certificate and the DMLC, con-
sulting them regarding the PSCO’s or the shipowner’s proposal
for actions that will be taken to rectify the deficiency.

5.5. Form and content of a proposal

for rectification
104. The proposal for rectification should be signed on behalf
of the port State authority and the shipowner and specify the
actions to be taken and the related time frame. It should con-
tain an undertaking by the shipowner to facilitate the inspection
of the ship by PSCOs in other ports in order to verify that the
plan of action to rectify the non-conformities has been properly
implemented, as well as a warning that the ship may be pre-
vented from further sailing if rectification does not occur as
proposed.
 X Guidelines for port State inspections – MLC, 2006 77
5. Action to be taken by port State control officers when finding
deficiencies or non-conformities

Step 3: 
Notifying a decision to allow/not to allow the ship to
sail

5.6. Action to be taken if a rectification proposal

is agreed
105. If the PSCO allows the ship to proceed to another port, sub-
ject to its implementation of the proposal for rectification, the
PSCO should ensure that the competent authority of the next
port of call and the flag State are notified.

5.7. Action to be taken if the ship is

not allowed to sail
106. Where an agreement is not concluded on rectification,
including the time frame for it to be carried out, the ship must
not be allowed to proceed to sea.
107. The PSCO must forthwith (by email or fax or similar means of
communication):
• notify the flag State;

• invite a representative of the flag State to be present, if

possible; and
• request the flag State to reply within a reasonable deadline
(Standard A5.2.1, paragraph 6).

The PSCO must also inform forthwith the appropriate shipowners’

and seafarers’ organizations in the port State.
108. In performing their functions referred to in this section,
PSCOs should bear in mind the obligation of port States under
Standard A5.2.1, paragraph 8, to make all possible efforts to
avoid a ship being unduly detained or delayed, and to pay
compensation for any loss or damage suffered if a ship is
found to be unduly detained or delayed. The burden of proof
in each case is on the complainant.
78 X Guidelines for port State inspections – MLC, 2006
6. Onshore complaints by seafarers

X 6. Onshore complaints
by seafarers

109. A complaint by a seafarer alleging a breach of the require-

ments of the MLC, 2006 (including seafarers’ rights), may be
made to an authorized officer in the port at which the seafarer’s
ship has called in accordance with Standard A5.2.2. Appropriate
steps must be taken to safeguard the confidentiality of these
complaints (Standard A5.2.2, paragraph 7) and the receipt of the
complaint should be recorded by the authorized officer (see par-
agraph 78 above). This chapter outlines the steps in the onshore
complaints process.

Step 1: Determining whether the complaint should

be handled under the PSC inspection procedures
110. The PSCO must undertake an initial investigation to deter-
mine whether the complaint relates to the working and living
conditions on the ship visiting the port and whether to under-
take a more detailed inspection, following the procedure for com-
plaints set out in section 3.3 above (Standard A5.2.2, paragraph
2; Guideline B5.2.2, paragraphs 1 and 2). A more detailed inspec-
tion must be carried out (see Chapter 5, paragraph 75, above) if
the working and living conditions alleged to be defective could
constitute a clear hazard to the safety, health or security of sea-
farers or where there are grounds to believe that any deficien-
cies constitute a serious breach of the requirements of the MLC,
2006 (including seafarers’ rights), even if they relate to a single
seafarer.
111. In cases not covered by the procedure set out in section
3.3 above, the PSCO or other officer authorized to handle com-
plaints under Regulation 5.2.2 should follow the procedures set
out below.
 X Guidelines for port State inspections – MLC, 2006 79
6. Onshore complaints by seafarers

Step 2: Ascertaining whether on-board complaint procedures

have been explored
112. As noted in paragraph 110 above the authorized officer
should carry out an initial investigation to find out the basic
issues of the complaint and determine the appropriate process
to follow. In making this determination the PSCO should bear in
mind the objective of the onshore complaint handling procedures
which is to facilitate a prompt and practical means of redress
(Regulation 5.2.2, paragraph 1). In making this determination
the PSCO may find it helpful to consider the guidance provided in
Guideline B5.2.2.
113. The authorized officer must, where appropriate, seek to
promote a resolution of the complaint at the shipboard level and
the initial investigation should include consideration of whether
the on-board complaint procedures provided under Regulation
5.1.5 have been explored (Standard A5.2.2, paragraphs 2 and
3). A seafarer is not required to use the on-board complaints
procedures and there may be good reasons for not doing so. If
those procedures have not yet been explored and the authorized
officer concludes, having given due consideration to the guidance
provided in Guideline B5.2.2, paragraph 3, that those procedures
should first be explored, the officer may refrain from any further
action on the complaint except to suggest that the complainant
take advantage of those procedures.

Step 3: Carrying out an investigation

114. In the investigation of the complaint, the master, the ship-
owner and any other person involved in the complaint should
be given a proper opportunity to make known their views (see
Guideline B5.2.2, paragraph 4).
115. If the investigation reveals a non-conformity that falls within
the scope of Standard A5.2.1, paragraph 6(a) and/or (b) (see
Onshore complaints by seafarers paragraph 96 above), the pro-
cedure outlined in Chapter 5 above should be followed (Standard
A5.2.2, paragraph 4).
80 X Guidelines for port State inspections – MLC, 2006
6. Onshore complaints by seafarers

Step 4: Seeking advice and a corrective plan of action from

the flag State
116. In other cases, where a complaint has not been resolved at
the ship-board level, the authorized officer must notify the flag
State and seek, within a prescribed deadline, advice and a cor-
rective plan of action (Standard A5.2.2, paragraph 5). Where the
flag State demonstrates that it will handle the matter and that it
has effective procedures and has submitted an acceptable plan
of action, the authorized officer may refrain from any further
involvement in the complaint (see Guideline B5.2.2, paragraph 5).

Step 5: Reporting the unresolved complaint

117. If the complaint has not been resolved at the flag State level
and it is not demonstrated that the flag State is in a position to
deal with the matter (see step 4), the authorized officer’s report
must be transmitted to the ILO Director-General, accompanied by
any reply received from the flag State within the prescribed dead-
line. The appropriate shipowners’ and seafarers’ organizations in
the port State must be similarly informed. After this step, no fur-
ther action on the complaint should be taken in the port State.
However if, during investigation of the complaint, clear grounds
for believing that the working and living conditions on the ship do
not conform to the requirements of the MLC, 2006, have arisen,
a PSCO may decide to carry out a more detailed inspection (see
Chapter 3, paragraph 71 above).
Guidelines for port State control officers
carrying out inspections under the Maritime
Labour Convention, 2006, as amended
The Guidelines for port State control officers carrying out inspections
under the Maritime Labour Convention, 2006 as amended (MLC,
2006), contained in this book are an important international resource
for implementing port State responsibilities under the MLC, 2006.
The Guidelines, initially adopted in 2008, were updated by the ILO in
2020, together with the Guidelines for flag State inspections under the
Maritime Labour Convention, 2006 as amended, in order to reflect the
2014, 2016 and 2018 amendments to the Code of the Maritime Labour
Convention, 2006. The present Guidelines (second revised edition)
provide practical advice to port State control officers (PSCOs) verifying
compliance of foreign ships with the requirements of the MLC, 2006.
Chapter 1 contains an overview of the special features of the MLC,
2006 and its key concepts. Chapter 2 relates to the required profile of
PSCOs under the MLC, 2006. Chapter 3 covers the required review of
documents in the case of ships that carry certification under the MLC,
2006. It explains when a more detailed inspection may be carried out.
The main inspection tool is provided by Chapter 4, indicating the basic
requirements to be complied with, sources of information for checking
compliance and examples of deficiencies, in the 16 areas of working
and living conditions that are mainly concerned. Chapter 5 provides
guidance when deficiencies are found and when a ship may have to be
detained in port. Chapter 6 relates to the handling of onshore complaints
by seafarers.

ISBN 978-92-2-034254-1