Inspection requirements

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Role of the maritime ministriesin the MLC 2006
The Revd. Canon Ken Peters Director of Justice
Welfare The Mission to Seafarers
MtS Seminars Australia March 2010
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What is Welfare?

• common understanding in USA
• being in receipt of financial aid from a
  government agency or another source
• common understanding in the UK
• the public agencies involved with giving such
  assistance
• common dictionary definitions
• health, happiness and well-being in general

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Welfare needs
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MLC 2006 Text
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MLC Overview Substance

• Employment contracts
• Repatriation rights
• Crew accommodation
• Medical care
• Food and catering
• Accident prevention
• Social Security
• Work hours
• Sickness and injury benefits
• Sea and shore based welfare facilities
• Labour-supply
• Flag State Port State enforcement

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• Welfare concerns?
• Paying to obtain jobs
• Non payment of wages
• Abandonment
• Denial of medical care
• Restrictions and/or denial of shore leave
• Fatigue
• Blacklisting
• Denial of repatriation

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Key Indicators

• Compliance
• Safe operation
• Happy ship
• Reduced stress levels
• Fit healthy crew
• Social interaction cohesion
• Clean tidy ship
• CPD Education training
• Loyalty
• High retention rate

• Non Compliance
• Danger
• Discontent
• Increased stress levels
• Health problems/suicide
• dissention
• Lack of pride
• Ignorance
• Subversion
• High turnover
• Fatigue, Fatigue, Fatigue

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Inspection requirements

• Article 4
• A safe and secure workplace that complies with
  safety standards
• Fair terms of employment
• Decent living and working conditions on board
• Health protection, medical care, welfare measures
  and other forms of social protection
• Implementation of social rights through national
  laws or regulations, collective bargaining or
  through other measures or in practice

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Welfare Indicators?

• The Obvious
• Lack of maintenance
• Incomplete paperwork
• The not so obvious
• Double bookkeeping
• Attitudes behaviour
• Intimidation bullying
• Secrecy
• Hesitation
• Interruption
• Never alone

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Inspection requirements

• Deficiencies resulting from non compliance with-
• Regulation 1.1 - Minimum age
• Regulation 1.2 - Medical Certificate
• Regulation 1.3 - Training and qualifications
• Regulation 1.4 - Recruitment and Placement
• Regulation 2.1 - Seafarers employment agreements
• Regulation 2.2 - Wages
• Regulation 2.3 - Hours or work and hours of rest
• Regulation 2.7 - Manning levels
• Impact upon crew welfare!

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Inspection requirements

• Deficiencies resulting from non compliance with-
• Regulation 3.1 - Accommodation and
  recreational facilities
• Regulation 3.2 - Food and catering
• Regulation 4.1 - Medical care on board ship
  and ashore
• Regulation 4.3 - H S protection and accident
  prevention
• Regulation 5.1.5 - On board complaints
  procedures
• Impact upon crew welfare!

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Pertinant Issues

• MLC Compliance means
• An on-board complaints procedure (Reg. 5.1.5 - 1)
  
• Non punitive (Reg. 5 .1.5 2)
• Without Prejudice (Reg. 5.1.5. 3)

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Pertinant Issues

• Welfare integrity means
• Confidentiality (within legal boundaries)
• Anonymity
• Without Prejudice
• Necessity of Policy Procedures

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Problems for Inspectors

• Documents do not give guidance for ROs
• No requirement for FS to be informed
• Nothing in FS guidelines to help ROs or social
  partners
• PS guidelines are unworkable
• What are core seafarers rights?
• Are seafarers rights inspectable items?

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Problems for Inspectors

• What jurisdiction applies?
• Will FS investigate?
• Will PS investigate?
• What if FS and PS investigations conflict?
• What if neither FS or PS investigate?
• Is legal advice available?
• Inspectors liability?

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Possible Scenario
At best Inspector arrives on ship to find
seafarers organisation representative on board
dealing with complaint At worst DMLC is issued
not knowing that a complaint has been received by
seafarers organisation
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Possible Partnerships

• ILO Social Partners
• Shipowners representatives (agents)
• Unions (national and ITF)
• Welfare Organisations (seafarers missions)
• Welfare Boards (local and national)

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What is unique about the MLC?

• Significant departure from previous conventions
  in both style and structure
• Definition of seafarer Article 2
• Definition of shipowner Article 2
• Inclusion of fundamental human rights Article 3
• Implementation and enforcement Article 5
• Tacit amendment procedure Articles 14 15
• Guidelines instead of recommendations
  explanatory note to regulations code p12

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The Mission to Seafarers global presence
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The Mission to Seafarers St. Michael Paternoster
Royal College Hill London EC4R 2RL tel 44
(0) 20 7248 5202 fax [phone]
4761 e-mail justice_at_missiontoseafarers.org web
www.missiontoseafarers.org