The NCMM Sea Health Conference 2011 – MLC 2006

1. Inspection of working and living conditions
DNV experience ILO 178 vs. MLC
Sjøhelsekonferansen 2011
Guttorm Gjerde
Det Norske Veritas
28 March 2011

2. Agenda
 ILO 178 introduction
 ILO 178 vs MLC requirements
 Findings ILO 178 inspections
 MLC status and experience
 Challenges/improvement areas
14 March, 2011
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3. C 178 Labour Inspection (Seafarers) Convention
 Adopted: October 1996
 Into force: April 2000
 Ratifications: 15 Countries
Albania Brazil Bulgaria
Fiji Finland France
Ireland Luxembourg Morocco
Nigeria Norway Peru
Poland Sweden United Kingdom
 Norwegian Ratification: June 11th 1999
 DNV role: Part of Flag Agreement with Norway; 3rd Party Verifier
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4. ILO 178 status DNV
 Number of inspections carried out:
- 2009: 65
- 2010: 249
- 2011: expected 250+
(depending on MLC entry into force - ships inspected in 2009 in window for new ILO 178
inspections end 2010).
 Norwegian detailed requirements:
- Check lists from NMD prepared based on MLC Appendix A5-1 (14 areas)
- Appropriate to use ILO 178 inspections as “practice” for future MLC inspections
 Inspections carried out during ISM audits
Separate job – separate reporting
 More than 200 ILO 178 inspectors qualified
 MLC inspectors qualified through MLC training courses will also qualify for ILO 178
inspections
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5. ILO 178 vs. MLC
ILO 178 MLC
Applies to ships above 500 GT. Applies to all ships, certification
requirements for ships above 500 GT in
international trade.
The Flag State shall maintain a system of The Flag State shall establish an effective
inspection of seafarers' working and living system of inspection and certification of
conditions. maritime labour conditions.
Inspections to be carried out at intervals of All ships shall be inspected at intervals not
2.5 years and not more than 3 years between exceeding three years.
two inspections.
Certificate validity 5 years.
DNV authorized as a RO for Norway. DNV aim to be RO for all relevant flag states
(authorized for Marshall Islands, Bahamas).
No certification requirements. All ships above 500 GT in international trade
must have a Declaration of Maritime Labour
Compliance (DMLC) and Maritime Labour
Certificate (MLC).
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6. ILO 178 vs. MLC (cont.)
ILO 178 MLC
Flag state inspection according to national Flag state inspection according to flag’s
laws and regulations. implementation of convention requirements
and any additional flag state requirements.
No requirements regarding seafarers' working Detailed requirements in the convention to be
and living conditions in the convention itself. implemented in national legislation.
The DMLC consist of 2 parts:
Part I: the flag stating national requirements
implementing convention requirements
Part II: the shipowners measures adopted to
ensure ongoing compliance with requirements
in DMLC Part I.
=> Review (and “certification”) of shipowners
procedures
ILO 178 will be replaced by MLC when enters “No more favorable treatment”:
into force Port state inspections according to convention
=> 1 inspection per ship (but depending on requirements.
entry into force of MLC).
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7. ILO 178 Convention vs. MLC
ILO-178 Convention MLC code
Minimum age Minimum age
Medical examinations Medical certification
Qualifications Qualifications of seafarers
Recruitment Use of any licensed or certified or regulated private recruitment and placement
service
Hours of work Hours of work or rest
Manning Manning levels for the ship
Crew accommodation/Standards of maintenance and cleanliness of Accommodation
shipboard living and working areas
On-board recreational facilities
Food and catering Food and catering
Prevention of occupational accidents Health and safety and accident prevention
Medical care On-board medical care
On-board complaint procedures
Terms and conditions of employment Payment of wages
Articles of agreement Employment agreements
Sickness and injury benefits Social Security/Ship owners liability (through employment agreement)
Social welfare and related matters Social Security
Repatriation Repatriation (through employment agreement)
Freedom of association
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8. Inspection of Working and Living Condition (NMD)
ILO 178 as required by NMD checklist
Minimum age
Medical certification
Qualifications of seafarers
Seafarers Employment Agreement – NA ref NMD decision
Recruitment and placement
Hours of work and rest
Manning
Accommodation
Recreational facilities
Food and catering
Health and safety and accident prevention
On-board medical care
Sickness and injury benefits – NA ref. NMD decision
Repatriation – NA ref. NMD Decision
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9. ILO 178 inspections: DNV experience
Typical findings are related to:
 Health, safety and accident prevention
 Accommodation
 Food and catering
 Hours of work and rest
 Qualifications / Competence
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10. Findings ILO 178 inspections (2010 figures)
No Areas of inspections Number of non-conformities Number of comments
1 Minimum Age 1 5
2 Medical Certification 5 5
3 Qualifications of Seafarers 27 15
4 Seafarers’ Employment Agreements NA (ref. NMD) NA (ref. NMD)
5 Recruitment and placement 8 1
6 Hours of work and rest 27 16
7 Manning 1 2
8 Accommodation 104 60
9 Recreational facilities 5 2
10 Food and catering 103 105
11 Health, safety and accident prevention 160 117
12 On-board medical care 21 14
13 Sickness and injury benefits NA (ref. NMD) NA (ref. NMD)
14 Repatriation NA (ref. NMD) NA (ref. NMD)
Total: 462 342
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11. Findings: Health, safety and accident prevention
High frequency on findings related to health, safety and accident prevention issues:
 Risk assessment:
- Lack of knowledge, systematic approach, regularity and recordings
- Noise, vibration, use of chemicals – procedures not covering relevant and required areas
- Work by young seafarers under the age of 18 – not reflected in procedures
 SHE-competence of seafarers:
- Lack of necessary training for safety representatives/members of the PEC committee.
- Lack of documenting that such training has been provided
- Safety-meetings not held on board,
- Annual reports not produced/filed
 Handling of chemicals:
- Lack of recordings
- Handling and storage not in compliance with
requirements
- Missing PPE
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12. Findings: Health, safety and accident prevention (cont.)
 Also findings related to lack of training/maintenance of working equipment,
missing/not use of PPE, insufficient training in working operations and smoking
regulations.
 Although actual activities may be carried out, the necessary documentation could
be missing or inadequate, and several findings related to this have been recorded
in inspection reports. Activities may also not be carried out with required
regularity, totality or detailed level.
 MLC requirements for risk assessment, training and safety representative:
measures for ongoing compliance, on board inspections and subject to
certification in the future.
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13. Findings: Accommodation
High frequency on findings related to seafarers accommodation:
 Requirements for thorough accommodation cleaning (3 times per year):
- Insufficient/missing routines for delegation of responsibility - different understanding of how detailed the
requirements, who onboard should carry out inspections of cleanliness.
 Requirements regarding weekly inspections by Master:
- Insufficient/missing routines for documenting that cleaning is carried out, that inspections of cleanliness
have been carried out by the responsible person(s), who is responsible for documenting the inspection,
inspections carried out but not documented.
Also findings related to;
- Marking of emergency exits, cleanliness of engine room
 Although a vessel is regularly cleaned and appears as a very tidy/clean vessel, the
inspection can result in a finding relating to lack of documentation/recordings of
internal cleanliness inspections.
 MLC requirements for frequent inspections by Master (delegated):
measures for ongoing compliance, on board inspections and subject to certification
in the future.
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14. Findings: Food and catering
 High frequency on findings regarding food, catering and hygiene routines on
board.
- Drinking water: basic requirements to a large extent fulfilled - drinking water with no smell, colour or taste
but no evidence that water quality is monitored
- Freezer temperature: basic requirement to a large extent fulfilled – provisions available and properly
stored but e.g. freezers not capable of meeting the required temperature level.
 NMD is working on improving the regulations and co-operates with Mattilsynet in
order to develop a guideline concerning drinking water and freezer temperatures.
Temporary solutions decided by NMD: extended due date for non-conformities
may be given (Ref. RSV 15-2010, dated 26.11.2010) until guideline ready (30 June 2011))
 Other findings; food stored on directly on the floor, missing/broken temp sensors to cold
store and freezer, removing of waste food, proper working clothes of personnel working in
the galley
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15. Findings: Food and catering
Unclear requirements for drinking water and freezer temp, but main challenges are
lack of;
- knowledge and/or
- systematic approach in order to ensure quality provision of food and drinking
water at all times.
MLC requirements for food and drinking water supplies, suitable in respect of
quality:
measures for ongoing compliance, on board inspections and subject to certification
in the future.
14 March, 2011
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16. Findings: Qualification/Competence
Findings related to training/familiarization and certificate requirements for STCW crew /
seafarers.
 Expired Certificates (e.g. CRA) including health certificates
 Missing certificates (e.g. watch keeping, lifeboat/FRC, cook)
 Personnel not according to safe manning certificate (e.g. electrician)
 Lack of a documented competence management system (new personnel)
 Lack of familiarization of new personnel in order to become familiar with the shipboard
equipment, operating procedures and other arrangements needed for proper performance of
duties
 Lack of documented evidence for on board safety training/familiarization
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17. Findings: Qualification/Competence
MLC requirements for ensuring that that all seafarers are trained / competent /
otherwise qualified (not only seafarers covered by STCW):
No flag has of yet made any specific requirements for seafarers not covered by the
STCW – e.g. seismic crew: up to the company to evaluate extent and content of
training / familiarization
Measures for ongoing compliance, on board inspections and subject to
certification in the future.
14 March, 2011
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18. Findings: Hours of work and rest
Findings related to recording of hours of rest:
-Lack of knowledge concerning requirement,
-Missing records for individuals
-Individual recordings consequently at upper limits
-Individuals not sufficiently rested
(following STCW (70 hours) and not ILO 180 (77 hours)
 MLC requirements for ensuring that seafarers are sufficiently rested and for
recording of seafarers rest hours:
MLC requires recording of hours of rest also for the Master. MLC and revised
STCW not fully in compliance (MLC: 2 rest periods/STCW 3 rest periods)
 Measures for ongoing compliance, on board inspections and subject to
certification in the future.
14 March, 2011
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19. MLC experience in DNV
 Voluntary statements of compliance: 8 vessels (convention requirements only).
 First voluntary certification on behalf of Marshall Island in progress.
 DMLC review/Gap-analysis of shipowners procedures:
- Mainly based on:
- Existing Safety Management System,
- Occupational Health and Safety systems
- Crew Department procedures and agreement with/procedures for Crew Manning Agents
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20. Experience from GAP analysis/DMLC review:
Many areas covered to a large degree but:
 Measures not sufficiently defined to ensure ongoing compliance with requirements
- Example 1:
Policy not to employ seafarers under the age of 18. Crew department procedures stating compliance
with MLC requirements, but crewing in reality done by a separate Crew Manning Office. No procedure
ensuring the “link” between the CMO and the shipowner ensuring seafarers are recruited according to
requirements.
- Example 2:
Health, safety and accident prevention related procedures do not include the aspect of occupational
diseases: risk assessment, prevention and reporting.
 Sufficient documentation on board: measures and records to be checked on board
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21. Shipowner preparation
Preparing for the new requirements
 Conduct Gap Analysis MLC 2006 vs.
existing procedures
 Get clarifications from Flag State(s)
 Evaluate procedures for implementation
 Evaluate the need for updating procedures
or new procedures
 Prepare ship and seafarers and company
officers for implementation and compliance
 Evaluate need for training in order to ensure
effective implementation and compliance
 Implement measures
 Have ships certified
 Establish system to monitor continuous
compliance
14 March, 2011
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22. Areas where we so far have seen special Challenges
 Establishing, implementing and follow up on procedures (to cover requirements for MLC and DMLC) - Identifying
existing, needs for updating, revising and new procedures
 Safety and health policies (including for risk evaluation)
 Competence for all involved (ashore and onboard) in order to handle this effectively
 Inspections and certifications
 Scope of Convention; Definition of seafarer (Is a Cadet a seafarer? )
 Applicability for Cruise ships, Yachts, Special Purpose Ships, MODUs
 Safety and Job Training requirements
 Hours of work or rest for all seafarers (including masters)
 Health Certificates (issuance by a duly qualified medical practitioner)
 Compliance with requirements for “Private Recruitment and Placement Services”
 Newbuildings (cf. grandfather clause and the term “Keel laying”)
 Reporting and follow up of accidents, injuries and diseases
 Handling complaints
 Document payment of wages
 Documentation logistics
 Port State Control (“No more favorable treatment”)
 There may well be other challenges!
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23. Agenda
 ILO 178 introduction
 ILO 178 vs MLC requirements
 Findings ILO 178 inspections
 MLC status and experience
 Challenges/improvement areas
14 March, 2011
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24. Safeguarding life, property
and the environment
www.dnv.com
14 March, 2011
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