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Tokyo MOU
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
189
(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Many of the existing maritime labour Conventions were out of date and did not reflect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
IMO
ILO
(1) Overview
Current situation
Excellent ship
Po
r
cou t in
ntr
A y
Problems
There is unfair competition (substandard ships are low cost)
An increase of substandard ships may cause ships casualty
Modernization of shipping doesnt progress
6
tr y
(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
non-members
ships are also
inspected
If we have an
appropriate
certificate, PSC
inspections
become easier
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
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
- structure
Article I - XVI
TITLE1. MINIMUM REQIREMENTS FOR SEAFARERS
TO WORK ON A SHIP
TITLE2. CONDITIONS OF EMPLOYMENT
TITLE3. ACCOMMODATION, RECRATIONAL
FACILITIES, FOOD AND CATERING
TITLE4. HEALTH PROTECTION, MEDICAL CARE,
WELFARE AND SOCIAL SECURITY
PROTECTION
TITLE5. COMPLIANCE AND ENFORCEMENT10
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
Fishing vessels
Ships of Traditional
build
warships
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
Workers on
shore
(Not seafarer)
Captain
Pilot
Ship owner
C/O
Repairer
Operator
Service crew
Guest entertainer
Management company
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.
Under
Under the
the age
age of
of 16
16
Work
Work on
on board
board aa ship
ship
A period of at least 9 hours
including 0 AM - 5 AM
Under
Under the
the age
age of
of 18
18
Night
Night work
work
Seafarers
able to work
Medical
practitioner
STCWs
STCWs certificate
certificate is
is OK
OK
certificate refused or
limitation imposed
Further examination
another independent
medical practitioner
or medical referee.
16
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)
Seafarers
Certification or
qualification to
perform duties
Permitted to
work
Training for
personal safety
on board ship
Training
Training and
and certification
certification in
in accordance
accordance with
with the
the mandatory
mandatory
18
instruments
instruments adopted
adopted by
by the
the IMO
IMO shall
shall be
be considered
considered as
as meeting
meeting
the
the requirements
requirements
recruitment
Seeking a job
Free of charge
employment
agreement
Shipowners
Seafarers
Each Member require that the shipowners who use seafarer recruitment
19 that
and placement services based in nonmembers territory, ensure
those services meet the requirements of the convention.
Ship owner
Seafarer
agreement
Corrective
Bargaining
Agreement
(CBA)
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
n bo
ard
A copy shall
be available
onboard
seafarers shall be
given a record of their
employment onboard
the ship
20
Wages
Giving an account
(a pay slip)
paid in full
paid in currency
no greater than
monthly intervals
Seafarer
Family
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
22
the prevailing market rate or the official published rate and not unfavourable to the
seafarer
establishes
either
Member
CBA may
permit
exceptions
for seafarers
an eight-hour day
one day of rest per week
base
Hours of work
within 14h
24h
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
Member
Prohibited
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
competent
authority
Manning levels
Principles on Safe
Manning
following shall be taken into account
IMO Res. A1047
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)
Shipowner
26
(2) Outline of MLC,2006 Title 3. accommodation, recreational facilities, food and catering
Accommodation and recreational
facilities Reg.3.1
A single room
Mess 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
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)
sanitary facilities
Other facilities
Hospital accommodation
(15 or more seafarers
a voyage of more than 3 days)
Air-conditioner
A space on open deck to
which the seafarers can have
access when off duty
Heater
Ventilator
common
ships office
28
(2) Outline of MLC,2006 Title 3. accommodation, recreational facilities, food and catering
Food and catering Reg.3.2
shall be
suitable in respect
of quantity, nutritional value, quality and
203cm
variety
having regard to
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.
Seafarers
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 29
drinking water
galley and other equipment for the preparation and service of meals
(2) Outline of MLC,2006 Title 4 Health protection, medical care, welfare and social security
al care on board ship and ashore Reg.4.1
a standard medical
report form for
medical advice
(available 24 hours)
all ships
shall carry
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
seafarer in charge of
medical care or
administering medicine or
medical first aid
Either 1
seafarer
30 a medical doctor
(ships which do not carry
(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 shipowners
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
,a
nd
er
f
re
comprehensiv
e statistics of
accidents and
diseases
31
Title
Ship owner
No victimization of seafarers
for lodging complaints
a copy of the on-board
complaint procedures
Developing an on-board
complaint procedures
Master
complaint
Breach of the
requirement!
Complaint
Seafarers
32
Title
Flag state
intermediate inspection
inspection
Regular
Inspections
(every 5 years)
Reg. 5.1.4
empower to carry
out inspections
Reg. 5.1.4
empowerin
g
MLC
DMLC
PSC inspection
A foreign ship in the port of a Member
Checking documents
MLC
DMLC
No deficiency
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
Ship
can sail
detain
Title
Regular
Inspections
Continuous improvement
the procedures to
be followed where
non-compliance is
noted
(Guideline B)
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)
34
These are written on DMLC part II and submitted
to competent authority before inspection
Certificates
Posted
documents
Facilities
MLC
DMLC
Part I
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
MLC,2006
Entry into
force
20.08.2013
20.08.2014
Signature
Date of expiry
Country A
DMLC part I
(issued by a flag state)
DMLC part I includes
Flags national requirement
s
Substantial equivalencies
Exemptions
(MLC certifies the ships comp
liance and DMLC is attached
document of MLC)
DMLC part I
Flags national requ
irements in the 14
areas
DMLC part II
(written by a ship owner)
Shipowners measures in
the 14 areas for ensuring
ongoing compliance
MLC
valid until
xx.xx.2013
Country A
Inspection report
Ships of non-party
No more favourable tre
atment
Checking
Inspection report or
Statement of compliance is
sued by RO
If both of certificates are not pr
oduced, PSCO may carry out
more detailed inspection regar
ding 14 areas
(3-2)MORE DETAILED
INSPECTION
Country
A
Country
B
Breach of the
requirement!
Form B
SEA
17
-missing
Lighting
17
-damaged
Non
member
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
Refer as well
List of example deficiencies in the 14 areas
(Annex 3 of the guideline)
(7)Manning levels
as before
(14)Payment of wages
Wages are paid monthly?
checking the copy of a pay slip
(However, its not mandatory to keep it onboard)
(3-3) COMPLAINTS
(3-3)Complaints
Flow chart
On-shore complaint
(Annex 8)
(3-3)Complaints
(3-3)Complaints
Outline of
Flow chart
Step 1
Step 2
Onshore complaint
procedure
A5.2.2
Complaints as
part of the PSC
inspection
A5.2.1
Step 3
(3-3)Complaints
Step 1
Determining whether the complaint should be ha
ndled under PSC procedure
complaints fall outside the14 areas should not be han
dled under PSC procedure under this Guidelines
PSCO decide whether or not to carry out a more detai
led inspection
Step 1
(3-3)Complaints
1. Interview carefully
(Who, What, When, Where, Why, How,
+How many, How much, How long)
(3-3)Complaints
(3-3)Complaints
PSC
or
End
(3-3)Complaints
PSC
(3-3)Complaints
PSC
(3-3)Complaints
(3-3)Complaints
(3-3)Complaints
Step 3
(3-4)RECTIFICATION
ACTION PLAN (RAP)
(3-5) REPORTING
(3-5) Reporting
Director
General of the
ILO
Flag State
Significant
deficiency* or
deficiency in
connection with
Complaint
Must be
informed
May be
informed if any
reply from flag
State
May be
informed
May be
Using report
informed
annex 5
according port
State Procedure
On shore
complaint not
resolved
Must be
informed
Must be
informed
Must be
informed
May be
Using report
informed
annex 5
according port
State Procedure
Ship detained
due to MLC,
2006 deficiency
Must be
informed
May be
informed
Must be
informed
May be
informed
Must be
Informed
Informed by
APCIS
May be
informed
Using notice
of detention
(See Section
2-4 of Tokyo
MOU Manual)
Using notice
of release
(See section
2-5 of Tokyo
MOU Manual)
AT THE END,
At the end,