Port State Control on Maritime Labour Convention 2006

Port State Control on Maritime Labour Convention, 2006 Tokyo MOU Ministry of Land, Infrastructure, Transport and Tourism

Index • (1) Overview • (2) Outline of MLC, 2006 • (3) PSC inspection regarding MLC, 2006 – (3 -1) Initial inspection – (3 -2) More detailed inspection – (3 -3) Complaints – (3 -4) Rectification Action Plan – (3 -5) Reporting

(1) OVERVIEW

(1) Overview ILO International Labour Organization ● Founded on 1919. 　First specialized agency of the UN Main aim is “to promote rights at work, encourage decent ● employment opportunities, enhance social protection and strengthen dialogue in handling work-related issues” ● Member states: 185 countries ● 189 conventions, 5 protocols and 201 recommendations ● Special tripartite committee on 1 st June 2012 (IMO has 50 conventions and protocols) （consist of following representatives. Government２, Shipowner１, Seafarers１) 4

(1) Overview Problems in current ILO conventions • Many of the existing maritime labour Conventions were out of date and did not reflect contemporary working and living conditions • Many of the conventions are very detailed and difficult for governments to ratify all • Many of the conventions had low levels of ratification More than 68 international labour standards are consolidated and updated ILO adopted MLC, 2006 on 23 rd Feb. 2006 The forth pillar of international regulatory regime IMO ILO SOLAS “International Convention for the Safety of Life at Sea” MARPOL “International Convention for the Prevention of Pollution from Ships” STCW “International Convention on Standards of Training, Certification and Watchkeeping for Seafarers “ MLC “Maritime Labour Convention, 2006” 5

(1) Overview Current situation Excellent ship Po co u rt i n n tr y. A ・Decent working condition ・High level of safety Substandard ship ・Bad working condition （e. g. long working hours） ・Low level of safety Po co u rt i n n tr y. B Problems ・There is unfair competition (substandard ships are low cost) ・An increase of substandard ships may cause ship’s casualty ・Modernization of shipping doesn’t progress 6

(1) Overview After entry into force of the convention Flag state inspection Inspection of working condition Port in country A I want decent working condition. Substandard ship (country A) PSC Detention until rectification non-members’ ships are also inspected If we have an appropriate certificate, PSC inspections become easier Substandard ship (country B) Po If certificates are co u rt i n n tr appropriate, y. C initial inspection only Excellent ship (country A) (Flag state inspection was already carried out) Effect (1)A level playing field in global standard (2)Improvement of working condition and safe voyage (3)Elimination of sub standard ship by Flag State inspections and PSC (4)Improving efficiency of PSC with certificates issued in flag state inspections 7

(1) Overview • Maritime Labor Convention (MLC, 2006) – Thirty countries ratified on 20 th August 2012 • Entry into force on 20 th August 2013 (for the 30 countries) – If another country ratifies MLC 2006, it will entry into force 12 months after the country’s ratification Entry into force (20. 08. 2013) 30 countries ratified (20. 08. 2012) Ratified in a country (other than the 30 countries) 12 months Entry into force for the country PSC inspections start

(2) OUTLINE OF MLC, 2006

(2) Outline of MLC, 2006 - structure Structure of the convention Article　I - XVI TITLE 1. MINIMUM REQIREMENTS FOR SEAFARERS TO WORK ON A SHIP TITLE 2. CONDITIONS OF EMPLOYMENT TITLE 3. ACCOMMODATION, RECRATIONAL FACILITIES, FOOD AND CATERING TITLE 4. HEALTH PROTECTION, MEDICAL CARE, WELFARE AND SOCIAL SECURITY PROTECTION TITLE 5. COMPLIANCE AND ENFORCEMENT 10

(2) Outline of MLC, 2006 - structure Structure of the convention • Articles • Regulations – Part A: Standard (Mandatory) – Part B: Guideline (Not mandatory) MLC, 2006 Articles Regulation 1. 1 Part A 1. 1 Part B 1. 1 Regulation 1. 2 Part A 1. 2 Part B 1. 2 Regulation 1. 3

(2) Outline of MLC, 2006 • MLC 2006, applies: All seafarers who are on board a ship to which MLC 2006 applies All ships engaged in commercial activities MLC 2006, does NOT apply to: Fishing vessels Ships of Traditional build warships Ships engaged in not commercial activity

(2) Outline of MLC, 2006 The definition of ship owner（Article II） Ship owner（either A or B） Ship operator, employer of seafarers Ship owner （A） ･Responsibility for the operation of the ship ･duties and responsibilities imposed in accordance with this Convention Taking over Another organization or person（B） Manager Agent Bareboat charterer who has assumed the responsibility for the operation of the ship and agreed to take over the duties and responsibilities imposed in accordance with this convention An organization or a person who made DMLC Part II 13

(2) Outline of MLC, 2006 Seafarers Workers on shore (Not seafarer) Seafarers Captain Pilot Ship owner C/O Repairer Operator Service crew Guest entertainer Management company In the event of doubt as to whether any categories of persons are to be regarded as seafarers, the question shall be determined by the competent authority in each member after consultation with the shipowners’ and seafarers’ organizations. The determination shall be communicated to the ILO. Ships In the event of doubt as to whether this Convention applies to a ship or particular category of ships, the question shall be determined by the competent authority in each Member after consultation with the shipowners’ and seafarers’ organizations concerned. The determination shall be communicated to the ILO.

(2) Outline of MLC, 2006 – Title 1 minimum requirements for seafarers Minimum age（Reg. 1. 1） No person below the minimum age shall be employed or engaged or work on a ship Under the age of 16 Work on board a ship A period of at least 9 hours including 0 AM - 5 AM Under the age of 18 Night work An exception of Night work • the effective training of the seafarers would be impaired • the specific nature of the duty or a recognized training programme requires that the seafarers perform duties at night and the authority determines, after consultation with the shipowners’ and seafarers’ organizations Dangerous work 15

(2) Outline of MLC, 2006 – Title 1 minimum requirements for seafarers Medical Certificate（Reg. 1. 2） Seafarers shall not work on a ship unless they are certified as medically fit to perform their duties Seafarers taking medical examination Medical certificate （STCW’s certificate is OK） able to work certificate refused or limitation imposed Further examination Medical practitioner Each medical certificate shall state ・the hearing and sight are satisfactory ・color vision (when affected) is satisfactory ・medical condition fit for service at sea another independent medical practitioner or medical referee. 16

(2) Outline of MLC, 2006 – Title 1 minimum requirements for seafarers • Medical Certificate（Reg. 1. 2） (continue) the period of validity of medical certificate …maximum two years（if under the age of 18, one year） the period of validity of a certification of colour vision …maximum six years ○ In urgent cases 　the competent authority may permit a seafarer to work without a valid medical certificate until the next port of call where the seafarer can obtain a medical certificate (maximum 3 months) ○ 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 (maximum 3 months)

(2) Outline of MLC, 2006 – Title 1 minimum requirements for seafarers Training and qualifications（Reg. 1. 3） seafarers shall be trained or qualified to carry out their duties on board ship Seafarers Certification or qualification to perform duties Permitted to work Training for personal safety on board ship Training and certification in accordance with the mandatory instruments adopted by the IMO shall be considered as meeting the requirements 18

(2) Outline of MLC, 2006 – Title 1 minimum requirements for seafarers Recruitment and placement（Reg. 1. 4） Ship owners shall use seafarer recruitment and placement services that conform to the requirements of the convention services operating in a Member’s territory The services comply with the convention recruitment Seeking a job （Free of charge） employment agreement Shipowners services operating in a nonmember’s territory The service may not comply with the convention the service that comply with the convention shall be used Seafarers Each Member require that the shipowners who use seafarer recruitment and placement services based in nonmember’s territory, ensure that those services meet the requirements of the convention. 19

(2) Outline of MLC, 2006 – Title 2. conditions of employment Seafarers’ employment agreements（Reg. 2. 1） Showing clear Condition of employment Ship owner Corrective Bargaining Agreement (CBA) Seafarer agreement Original SEA signed by both of them Original All or part of a SEA A co ava py sh ilab a le o ll be nbo ard A copy shall be available onboard seafarers shall be given a record of their employment onboard the ship 20

(2) Outline of MLC, 2006 – Title 2. conditions of employment Seafarers’ employment agreements（Reg. 2. 1） (continue) Particulars in SEA • Where the language of the SEA and any applicable CBA are not in English, ①a standard form of the SEA and ②the portion of the CBA that are subject to a PSC inspection shall also be available in English. • minimum notice periods for the early termination of a SEA …at least 7 days (a member determines after consultation with the shipowners’ and seafarers’ organizations) • the seafarer’s full name, date of birth, birthplace • the shipowner’s name and address • the place where and date when the SEA is entered into; • Capacity, Wages, Paid leave • Condition of Termination Ø agreement for an indefinite period Ø agreement for a voyage • the health and social security protection • entitlement to repatriation • reference to the CBA • any other particulars which national law may require

(2) Outline of MLC, 2006 – Title 2. conditions of employment Wages（Reg. 2. 2） Including the rate of exchange used where payment has been made in a currency different from the one agreed to Ship owner Wages Giving an account (a pay slip) paid in full paid in currency no greater than monthly intervals able to transmit all or part of their earnings to their families Seafarer Family • remittance at regular intervals to their families by bank transfers or similar means • remitted in due time and directly to the person or persons nominated by the seafarers. • Any charge for the remittance to their families shall be reasonable in amount • rate of currency exchange shall, in accordance with national laws or regulations, be at the prevailing market rate or the official published rate and not unfavourable to the seafarer 22

(2) Outline of MLC, 2006 – Title 2. conditions of employment Hours of work and hours of rest（Reg. 2. 3） Maximum hours of work 　14 hours in any 24 -hour period 72 hours in any 7 -day period establishes either Member Minimum hours of rest 　10 hours in any 24 -hour period 77 hours in any 7 -day period. ○normal working hours’ standard CBA may permit exceptions for seafarers ・an eight-hour day ・one day of rest per week base ○Hours of rest may be divided into two periods ・one of which shall be at least six hours ・interval between consecutive periods of rest shall not exceed 14 hours Hours of rest Hours of work 6 h or more within 14 h 24 h Hours of rest

(2) Outline of MLC, 2006 – Title 2. conditions of employment Hours of work and hours of rest（ Reg. 2. 3）(continue) • Drills shall be conducted in a manner that minimizes the disturbance of rest periods and does not induce fatigue • 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 a table with the shipboard working arrangements ・schedule of service at sea and service in port ・ maximum hours of work or minimum hours of rest Posting in a ship records of hours of work or hours of rest seafarers shall receive a copy of the records 24

(2) Outline of MLC, 2006 – Title 2. conditions of employment Entitlement to leave（Reg. 2. 4） Member adopt laws and regulations minimum standards for annual leave on the basis of a minimum of 2. 5 calendar days per month Prohibited Considering justified absences from work as the annual leave Any agreement to forgo the minimum annual leave with pay 25

(2) Outline of MLC, 2006 – Title 2. conditions of employment Manning levels（Reg. 2. 7） To ensure that seafarers work on board ships with sufficient personnel determining approving revising competent authority Principles on Safe Manning ○ following shall be taken into account （IMO Res. A 1047） ・the principles in international instruments (especially IMO) ・the need to minimize excessive hours of work 　　⇒ sufficient rest and to limit fatigue 　　・ the requirement concerning food and catering(Reg. 3. 2) Manning levels issuing a Minimum safe manning document or an equivalent Shipowner Employing sufficient personnel ・ to ensure that ships are operated safely, efficiently and with due regard to security ・ to comply with the standards of this Convention. 26

(2) Outline of MLC, 2006 – Title 3. accommodation, recreational facilities, food and catering Accommodation and recreational facilities （Reg. 3. 1） applied only to ships constructed on or after the date when this Convention comes into force for the Member General requirements for accommodation ●head room in accommodation shall be not less than 203 cm, adequately insulated　 ●lighting and drainage shall be provided ●preventing the risk of exposure to noise and vibration, other ambient factors and chemicals Sleeping rooms (there is a requirement of floor area) Passenger ship, Special Purpose Ship Other than passenger ships Other than officers … a room can be shared (More than 4 persons are permitted in a SPS) Mess room Master, C/E, C/O shall have sleeping rooms, an adjoining sitting room and day room A single room sleeping rooms • apart from the sleeping rooms and mess rooms • as close as practicable to the shall be lit by galley natural light and artificial light ・separate sleeping rooms for men and women ・a separate berth（L 198×W 180 cm） ・no direct openings into sleeping rooms from cargo and machinery spaces, etc. ・each room shall have a locker, desk , etc. above the load line amidships or aft A washbasin in each sleeping room except passenger ship

(2) Outline of MLC, 2006 – Title 3. accommodation, recreational facilities, food and catering Accommodation and recreational facilities （Reg. 3. 1）(continue) Other facilities Hospital accommodation (15 or more seafarers a voyage of more than 3 days) Heater Ventilator sanitary facilities One facility for every six persons Air-conditioner A space on open deck to which the seafarers can have access when off duty common ship’s office 28

(2) Outline of MLC, 2006 – Title 3. accommodation, recreational facilities, food and catering Food and catering（Reg. 3. 2） 設備の一般要件 shall ●居住設備の天井高 203 cm以上、適切に防熱　●照明及び排水設備を設ける be suitable in respect of quantity, nutritional value, quality and variety having regard to ●騒音及び振動、その他環境の要素、化学物質からの危険の防止 ● number of seafarers 　　● religious requirements and cultural practices 　　 ● duration and nature of the voyage catering department ships’ cooks free of charge during the period of engagement. varied and nutritious meals trained and qualified (18 years old or more) Seafarers prepared and served in hygienic conditions 【ships not required to have ship’s cook】 anyone processing food in the galley shall be trained or instructed ※ food and personal hygiene as well as handling and storage of food frequent documented inspections be carried out on board ships, by or under the authority of the master 　・supplies of food and drinking water 　・ all spaces and equipment used for the storage and handling of food and drinking water 　・ galley and other equipment for the preparation and service of meals 29

(2) Outline of MLC, 2006 – Title 4 Health protection, medical care, welfare and social security Medical care on board ship and ashore （Reg. 4. 1） a standard medical report form （ for medical advice (available 24 hours) use by the ships’ masters and relevant onshore and on-board medical personnel ） all ships shall carry the right to visit a qualified medical doctor in ports of call Health protection and medical care Medical care comparable generally available to workers ashore Free including measures of a preventive character (health promotion , etc. ) a medicine chest a medical equipment A medical guide Medical doctor （100 or more persons, ships engaged on international voyages of more than three days’ duration ） seafarer in charge of medical care or administering medicine or medical first aid Either 1 seafarer (ships which do not carry a medical doctor）30

(2) Outline of MLC, 2006 – Title 4 Health protection, medical care, welfare and social security Health and safety protection and accident prevention (Reg. 4. 3) ・ Each Member develop national guidelines after consultation with representative 権限ある機関 shipowners’ and seafarers’ organizations ・ Each Member shall adopt laws and regulations regarding safety and health protection Ke pu ep, a blis na lys h e National laws and regulations , a adoption and effective implementation and promotion of occupational safety and health policies and programmes precautions to prevent occupational accidents (harmful levels of ambient factors and chemicals) on-board programmes prevention of occupational accidents continuous improvement in occupational safety and health protection inspecting, reporting and correcting unsafe conditions Reporting accidents and diseases comply information concerning particular hazards nd re f er comprehensiv e statistics of accidents and diseases Ship owner, Seafarers, and others concerned investigating and reporting on-board occupational accidents establishing a ship’s safety committee 31

(2) Outline of MLC, 2006 – Title 5 Compliance and enforcement On-board complaint procedures Competent authority No victimization of seafarers for lodging complaints Ship owner a copy of the on-board complaint procedures Developing an on-board complaint procedures complaint Master Breach of the requirement! Complaint Seafarers 32

(2) Outline of MLC, 2006 – Title 5 Compliance and enforcement Flag state inspection List of maters inspected and approved to issue MLC 1. Minimum age 2. Medical certification 3. Qualifications of seafarers 4. SEA 5. Use of recruitment and placement service 6. Hours of work or rest 7. Manning levels 8. Accommodation 9. On-board recreational facilities 10. Food and catering 11. Health and safety and accident prevention 12. On-board medical care 13. On-board complaint procedures 14. Payment of wages intermediate inspection (between 2 nd and ３ rd anniversary) 14 areas meet requirement Ships which MLC, 2006 applies ⇒certificates are issued Regular Inspections (every 5 years) （Reg. 5. 1. 4） empower to carry out inspections （Reg. 5. 1. 4） empowering MLC International voyage （500 GT or over） DMLC Inspection(no case exceed 3 years) • to board a ship • examination, test or inquiry • require that a deficiency is remedied • prohibit a ship from leaving port PSC inspection A foreign ship in the port of a Member Checking documents ・MLC ・DMLC No deficiency Ship can sail Deficiency is found ・Documents are not produced ・serious breach of requirement ・hazard to seafarers ・complaint More detailed inspection Other than following a)Clearly hazardous b)Serious or repeated breach detain

(2) Outline of MLC, 2006 – Title 5 Compliance and enforcement The image of Declaration of Maritime Labor Compliance part II (DMLC PartⅡ） Draw up measures to ensure ongoing compliance Regular Inspections Continuous improvement Improve the measures to rectify non-compliance the procedures to be followed where non-compliance is noted (Guideline B) Carry out the measures drawn up Verify the ongoing compliance the records to be taken should be indicated (Guideline B) Regular Inspections the persons responsible for verification should be indicated (Guideline B) These are written on DMLC part II and submitted to competent authority before inspection 34

(3) PSC INSPECTION REGARDING MLC, 2006

(3) PSC inspection regarding MLC, 2006 • (Characteristic of PSC inspection of MLC, 2006) Certificates Posted documents Facilities • Certificates(Maritime Labor Certificates, etc. ) • Posted documents (Shipboard working arrangements table) • Facilities (Accommodation, Sanitary)

(3) PSC inspection regarding MLC, 2006 • (Initial inspection and more detailed inspection) – Initial inspection • A PSCO checks Certificates If the PSCO finds clear grounds during an inspection tour – The PSCO may carry out more detailed inspection Similar manner to SOLAS, STCW, etc.

(3) PSC inspection regarding MLC, 2006 • 14 areas checked in more detailed inspection 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. Minimum age of seafarers Medical certification of seafarers Qualifications of seafarers Seafarers’ employment agreements (SEA) Use of any licensed or certified or regulated private recruitment and placement service for seafarers Hours of work or rest Manning levels for the ship Accommodation On-board recreational facilities Food and catering Health and safety and accident prevention On-board medical care On-board complaint procedures Payment of wages

(3 -1) INITIAL INSPECTION

(3 -1) Initial inspection Certificates (Ships 500 GT or more) • MLC DMLC Part II • DMLC – DMLC part I (issued by a flag state) – DMLC part II (written by a ship owner) or • Interim MLC →DMLC need not be issued Interim MLC No DMLC

(3 -1) Initial inspection • Resolution XVII (International Labour Conference 94 th session) “Resolution concerning the practical implementation of the issue of certificates on entry into force “ – Flag states and RO have insufficient number of inspectors – It will not be possible to certify all ships before entry into force – Requests further that, during a period of one year following the initial entry into force of the Convention, Members (both flag and port States) give due consideration to allowing ships to continue to operate without the certificate and declaration 30 countries ratified MLC, 2006 20. 08. 2012 MLC, 2006 Entry into force 20. 08. 2013 Certification for bulk carriers and passenger ships 20. 08. 2014 Requested to give due consideration to allowing ships to operate without certificate

(3 -1) Initial inspection • MLC (Maritime Labour cetificate) • MLC – valid for 5 years Date of issue Signature Date of expiry Endorsement of intermediate survey

(3 -1) Initial inspection • DMLC (Declaration of Maritime Labor Compliance) Country A • DMLC part I (issued by a flag state) • DMLC part I includes – Flag’s national requirements – Substantial equivalencies – Exemptions • (MLC certifies the ship’s compliance and DMLC is attached document of MLC)

(3 -1) Initial inspection • DMLC part I – Flag’s national requirements in the 14 areas – Signature and stamp of a flag state

(3 -1) Initial inspection • DMLC part II (written by a ship owner) – Shipowner’s measures in the 14 areas for ensuring ongoing compliance

(3 -1) Initial inspection • Check points on the certificates – Certificates are issued by Flag state or RO? MLC – MLC is not expired? valid until xx. 2013 – Original certificates are onboard? – Is there a signature or stamp of flag state or RO? – A copy is posted in a conspicuous place on board?

(3 -1) Initial inspection Ships under 500 GT • Checking – Inspection report issued by Flag state • If a PSCO finds the ship clearly do not conform to the requirements or a complaint is alleged, the PSCO may carry out an inspection regarding the matter. Country A Inspection report ….

(3 -1) Initial inspection • Ships of non-party – No more favourable treatment • Checking – Inspection report or – Statement of compliance issued by RO • If both of certificates are not produced, PSCO may carry out more detailed inspection regarding 14 areas

(3 -2)MORE DETAILED INSPECTION

(3 -2) More detailed inspection • A more detailed inspection may be carried out when – documents do not comply with　MLC, 2006 – working and living conditions do not conform – the ship has changed flag for avoiding compliance – there is complaint alleging that working and living conditions do not conform Country A Country B Breach of the requirement!

(3 -2) More detailed inspection • A more detailed inspection may be carried out when – on shore complaint, which falls within the PSC activities, and a more detailed inspection is judged as necessary. or – previously reported deficiencies have not been rectified or completed or – the ship flies the flag of a State that has not ratified the MLC, 2006. Form B SEA 17 -missing Lighting 17 -damaged Non member

(3 -2) More detailed inspection • A more detailed inspection shall in any case be carried out, where – the working and living conditions believed or alleged to be defective could constitute a clear hazard to the safety, health or security of seafarers, or – the PSCO has grounds to believe that any deficiencies constitute a serious breach of the requirements of the MLC, 2006 (including seafarer’s rights)

(3 -2) More detailed inspection However, • More detailed inspection need not be carried out due to absence of MLC and DMLC until 20. 08. 2014. (ref. Resolution XVII) 30 countries ratified MLC, 2006 20. 08. 2012 MLC, 2006 Entry into force 20. 08. 2013 20. 08. 2014 One year

(3 -2) More detailed inspection • Opportunity to check 14 areas – (1) during PSCO checks certificates • Minimum age (from crew list) • Medical certificates, etc. • STCW requirement, Manning levels(from MSMD) – (2) during inspection tour • Working hours: shipboard working arrangements table • Foods and catering (with inspection of the fire insulation on galley) • Visual inspection of Accommodation area, galley, and mess room regarding hygiene condition

(3 -2) More detailed inspection Check Points in 14 areas 　What is the basic requirements？ • Refer as well “List of example deficiencies in the 14 areas” (Annex 3 of the guideline)

(3 -2) More detailed inspection Check Points in 14 areas　No. 1 　What is the basic requirements？ • (1) Minimum age: No under-age persons work – Seafarers below 16 years old (MLC, 2006 Reg. 1. 1. 2) • (2) Medical certificates: validity – Maximum two years for seafarers 18 years or older – Maximum one year for seafarers below 18 years old

(3 -2) More detailed inspection Check Points in 14 areas　No. 2 　What is the basic requirements？ • (3)Training and qualifications: – as before • (4)Seafarers’ Employment Agreement – Is there the copy of SEA signed by the seafarer and the ship owner onboard? An original SEA is not required onboard. – Seafarer is given the record of employment?

(3 -2) More detailed inspection Check Points in 14 areas　No. 3 　What is the basic requirements？ • (5) Recruitment and placement – Check documents onboard. (e. g. “license or certificate that the service meets the requirement of MLC, 2006 issued by RO”) • It’s not mandatory to have the license onboard but It can be documentary evidence to show compliance of MLC, 2006,

(3 -2) More detailed inspection Check Points in 14 areas　No. 4 　What is the basic requirements？ • (6) Hours of work – Is there a table with the shipboard working arrangements? – Maximum hours and minimum hours of rest are satisfied? • Shipboard working arrangements table, record of working hours and watch keeping table can be compared each other (These matters are possible to be theme of CIC 2014)

(3 -2) More detailed inspection Check Points in 14 areas　No. 5 　What is the basic requirements？ • (7)Manning levels – as before • (8) Accommodation and (9) recreational facilities – applied to ships keel laid on or after the date of entry into force • Separate sleeping rooms and toilets for men and women • Presence or absence of Ventilation, Heating, laundry facilities • Inspection record of accommodation

(3 -2) More detailed inspection Check Points in 14 areas　No. 6 　What is the basic requirements？ • (10) Food and catering – Sufficient amount and nutrients vary. Is there extreme shortage or rottenness of foods? – Ship’s cook is 18 years or older?

(3 -2) More detailed inspection Check Points in 14 areas　No. 7 　What is the basic requirements？ • (11) Health and safety protection and accident prevention – e. g. whether “Safety Management Manual” includes the procedure of health protection , accident prevention

(3 -2) More detailed inspection Check Points in 14 areas　No. 8 　What is the basic requirements？ • (12)On-board medical care – Is there a medical chest, medical equipment, and medical guide? – Seafarer in charge of first-aid was designated? – Is there a medical report form?

(3 -2) More detailed inspection Check Points in 14 areas　No. 9 　What is the basic requirements？ • (13)On-board complaint procedures – Is there a copy of on-board complaint procedure applicable on the ship? • (14)Payment of wages – Wages are paid monthly? • checking the copy of a pay slip (However, it’s not mandatory to keep it onboard)

(3 -2) More detailed inspection When you find a matter that seems to be deficiency, • 1) Take photos and notes Interview a crew (in a cabin, etc. ) • 2) Check a DMLC when writing Form A and B (Verify National requirement) • 3) Interview captain and confirm – If there is a clear evidence, PSCO may consider detention – Require a RAP

(3 -2) More detailed inspection • List of example deficiencies warranting detention (Annex 4 of the guideline)

(3 -3) COMPLAINTS

(3 -3)Complaints • Flow chart “On-shore complaint” (Annex 8)

(3 -3)Complaints • The regulation of complaints in MLC, 2006 – (1) On-board complaint procedure(A 5. 1. 5) • Complaints are firstly handled in the onboard complaint procedure – (2) Complaints that are made as part of the PSC inspection procedure(A 5. 2. 1 para. 1(d)) • Seafarers, professional organizations, association, trade union, and any person with an interest in the safety of the ship can submit the complaints – (3) Onshore complaint (A 5. 2. 2) • Complaints from seafarers in a port state

(3 -3)Complaints • Outline of Flow chart Step 1 Step 2 Onshore complaint procedure A 5. 2. 2 Complaints as part of the PSC inspection A 5. 2. 1 Step 3

(3 -3)Complaints • Step 1 – Determining whether the complaint should be handled under PSC procedure • complaints fall outside the 14 areas should not be handled under PSC procedure under this Guidelines • PSCO decide whether or not to carry out a more detailed inspection Step 1

(3 -3)Complaints • 1. Interview carefully (Who, What, When, Where, Why, How, +How many, How much, How long) • 2. Is it non compliance of MLC, 2006? – Wages stated in SEA was not paid →should be handled – Wages stated in SEA is too cheap →should not be handled • The complaint falls inside the 14 areas?

(3 -3)Complaints • Step 2 – Inspection process Complaint as a part of PSC inspection A 5. 2. 1 Step 2 – Ascertain whether on-board complaint procedure has been used. – PSCO should seek to promote a resolution of the complaint at the ship board level. – The master, the shipowner and any person involved shall be permitted to express their view – If the complaint cannot be resolved at shipboard level, the flag state should be notified and requested within a prescribed deadline to provide advice and a corrective plan of action

(3 -3)Complaints PSC 3. “Did you use on-board complaint procedure? “ “No, I didn’t. I’ll try to use the procedure. ” or End 4. “The complaint was not solved through onboard complaint procedure. Captain does not listen to me. ”

(3 -3)Complaints PSC 5. “Is there a documentary evidence for noncompliance with MLC, 2006? ” “Is it all right to ask other crew regarding this matter? ” “I’ll ask captain and confirm your complaint but I’ll not tell who made the complaint. ” 6. Record these information (1. ～ 5. ) (If the crew agrees, the copy of documentary evidence should be taken. )

(3 -3)Complaints 7. Check the DMLC (flag’s national requirement) PSC 8. ”Captain, I got information that the actual work hours are different from the record and exceed the limitation. ” • Check the watch schedule, record, and difference from complaints

(3 -3)Complaints 9. “We actually couldn’t increase the personnel because of our company’s order. Watch schedule is sometime not 0 -4, 4 -8, 8 -0 but 0 -6, 6 -0…” • ATC 17 or 30 (DETAIN) (If it’s repeated breach, ATC may be 30) – RAP should be required • (to revise the watch table or records of hours of work)

(3 -3)Complaints 10. “We comply with the convention. Is there an evidence of non conformity? ” – If PSCO carried out more detailed inspection and didn’t find the evidence, the inspection is finished. PSC “We’ll inform this complaint to the flag state. ”

(3 -3)Complaints • Step 3 – Dealing with an unresolved complaint Step 3 – If the flag State advises that it will resolve the matter and will provide a corrective plan of action within a prescribed deadline decided by PSCO, the PSCO will not have any further involvement. – If the complaint is not resolved by the flag State within the prescribed deadline, then the port State shall transmit the inspection result to the ILO with a format of annex 5 and inform the appropriate ship-owners and seafarers organizations in the port State (Standard A. 5. 2. 2 paragraph 6).

(3 -4)RECTIFICATION ACTION PLAN (RAP)

(3 -4) Rectification action plan(RAP) • • Rectification Action Plan: RAP is an action plan to rectify a detainable deficiency If PSCO accept the RAP, the ship may be released. It is the joint responsibility of the shipowner and the master to propose and implement a RAP • The RAP should specify – the action required – Agreed time frame acceptable to all parties, within which period the prescribed items will be rectified • The RAP should be submitted to the flag state or RO before the RAP is proposed to the PSCO.

(3 -4) Rectification action plan(RAP) • Rectification Action Plan: RAP • (1) Clear evidence of deficiency was found • (2) Write Form A and B • (3) Require a RAP

(3 -4) Rectification action plan(RAP) • When deciding whether or not to accept a RAP the following elements should be considered: – 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 deficiencies or repeated deficiencies; – whether or not the appropriate work or rest periods for seafarers are being observed; – the safe manning requirements of the flag State; – the number and nature of deficiencies found during the particular inspection.

(3 -5) REPORTING

(3 -5) Reporting • Reporting matrix in the guideline Appropriate Shipowners’ and Seafarers’ organization in the port State. Must be informed Director General of the ILO Flag State PSC authority of Report forms next port May be informed if any reply from flag State May be informed Using report according port annex 5 State Procedure Must be informed May be informed Using report according port annex 5 State Procedure Ship detained due to MLC, 2006 deficiency Must be informed May be informed Must be informed RAP has been agreed. May be informed if any reply from flag State May be informed Using notice of detention (See Section Informed by 2 -4 of Tokyo APCIS MOU Manual) May be informed Using notice of release (See section 2 -5 of Tokyo MOU Manual) Significant deficiency* or deficiency in connection with Complaint On shore complaint not resolved Must be Informed

AT THE END,

At the end, • PSC is “a right” in the MLC , 2006 same as the other conventions – “may be the subject of inspection” – “more detailed inspection may be carried out” • As part of a PSC inspection, we can start inspections of MLC, 2006 regarding the matters that standard is clear and/or the matters that can be inspected in a short time