Maritime Legislation Flashcards
When did the ISM Code come first into force?
- May 1994.
- Mandatory under SOLAS Chapter IX.
- Applies to all vessels over 500GT and all passenger vessels.
What are the objectives of SOLAS?
1) To ensure safety at sea and prevent human injury or loss of life.
2) To avoid damage to the environment and property.
What must be included in the SMS under the ISM code?
A safety and environmental protection policy.
Instructions and procedures to ensure safe operations and protection of the environment in compliance with relevant international and flag-state legislation.
Defined levels of authority and communication between shore and shipboard personnel.
Procedures for reporting accidents and non-conformities.
Procedures to prepare for and respond to emergency situations.
Procedures for internal audits and management reviews on the SMS.
What are the companies responsibility under the ISM Code?
A safety and environmental protection policy.
Instructions and procedures to ensure safe operations and protection of the environment in compliance with relevant international and flag-state legislation.
Defined levels of authority and communication between shore and shipboard personnel.
Procedures for reporting accidents and non-conformities.
Procedures to prepare for and respond to emergency situations.
Procedures for internal audits and management reviews on the SMS.
What is the role of a DPA under the ISM Code?
Provides a ship-to-shore link and they must have direct access to the highest level of management.
They are responsible for monitoring the safety and pollution prevention aspects of the operations on the ship and provide all adequate resources and shore-based support as required.
What is the role of a ship safety officer under the ISM Code?
All vessels with more than 5 crew, a safety officer role should be appointed by the employer.
The safety officer must:
* Ensure that all safety, employers’ occupational health policies and COSWP is being complied with.
* Promote and improve the standards of safety among the crew.
* Investigative accidents and potential hazards.
* Make recommendations on improvement to safety to the Master.
* Maintain a safety record book including:
o All accidents.
o Investigations.
o Complaints and statements.
o Recommendations.
What is a DOC under the ISM Code?
- Certificate given to companies following a successful external audit, showing the SMS complies with the ISM Code.
- The certificate will contain ship type, it’s valid for 5 years, audited annually by flag state and a copy must be kept onboard.
What are audits defined as?
Audits are inspections in which performance is measured against the standards specified in the ISM Code and companies SMS.
Audits are carried out internally within the company by external auditors.
Auditors are highly experienced and qualified former master’s and C/E.
Any non-compliances will be noted, and actions will be taken.
When did the MLC come into force?
- The MLC entered into force for the UK on the 7th of August 2014.
What is included under the MLC?
- It sets out the minimum working and living rights for seafarers.
- It applies to anyone employed or works on board a ship.
- However, it does not cover seafarers on:
Ships navigating inland are subject to port regulations.
Fishing vessels.
Warships and naval auxiliaries.
What is a Seafarers employment agreement?
(SEA)
Must be written.
Must be signed by seafarer and shipowner/ representative upon embarkation.
Seafarers must have a signed copy.
Must be available in the spoken language/ working language as well as in English.
What is included in a seafarers employment agreement?
Information on the seafarer (name, DOB, birthplace, position on board).
Shipowners name and address.
The place and date when the agreement has been signed.
Condition on terminating the agreement and notice period.
The seafarer’s entitlement to repatriation and place.
The seafarer’s wage, and annual leave.
What are the age restrictions from the MLC?
The minimum age to work is 16 years old.
Crew aged 16-18, can’t work at night, or carry out work that puts his or her health or safety at risk.
What are the medical certificate requirements under MLC?
All crew must hold seafarer medical certificates proving they are fit to perform the duties they are required to carry out at sea.
UK ENG1 medical certificates are valid for 2 years.
What are the mandatory hours of rest?
Must not work more than 14 hours in a 24-hour period and.
Must not be more than 72 hours in a 7-day period.
The amount of rest must not be less than 10hrs in a 24-hour period and.
Must not be less than 77hrs in a 7-day period.
Hours of rest may be divided into two periods, one of which must not be less than 6 hours.
A schedule of work rest hours must be posted on the ship and a record of the seafarer’s work and rest hours, must be signed at the end of the month by the seafarer and master, and the seafarer must receive a copy.
EMERGENCYs are an exception to rest hours.
What are the leave obligations under the MLC?
All seafarers have the right to paid leave, calculated at 2.5 days per calendar month of employment.
Subject to operational requirements, seafarers must also be given shore leave.
What are the ship owners liabilities under MLC?
If a seafarer suffers an accident, disability, or loss of life because of their work, the shipowner must provide:
Assistance and medical care.
Repatriation.
Burial or cremation.
Shipowners must have financial cover in case of long-term disability or illness.
The company is not liable when it’s caused by wilful misconduct or a hidden illness or disability.
What is the complaint procedure under the MLC?
The aim is to resolve complaints even at the lowest levels possible.
Seafarers must be able to complain to the master, shipowner and if necessary external authorities.
Seafarers must receive a copy of the on-board complaint procedure.
All complaints must be written and recorded with a copy given to the seafarer at every stage of the process.
Adequate action must be taken with all types of complaints and shore side must play their part as well.
What is the declaration of Maritime Labour Compliance?
States that the national requirements implementing MLC for the working and living conditions for seafarers (Part I).
Sets out the measures adopted by the shipowner to ensure compliance with the requirements of the ship or ships concerned (Part II).
Must be signed by DPA and Management.
What is a Maritime Labour Certificate?
It is issued by a recognised classification society on behalf of the flag state.
Valid for 5 years, subject to intermediate inspection between the 2nd & 3rd year.
What is the STCW convention?
- The International Standards of Training, Certification and Watchkeeping for Seafarers 1978.
- Entered into force in 1984.
- Amendments were set in 2010 (Manila Amendments).
- Objective to improve safety by establishing minimum training and competence required.
What is contained within a MSN?
(Merchant Shipping Notice)
* Mandatory information.
* Technical details of shipping regulations.
* Non-compliance to MSNs is considered non-compliance to relevant regulations (law).
What is contained within a MGN?
(Marine Guidance Notice)
* Advice or guidance to be followed or considered.
* Non-compliance can lead to enforcement actions by the MCA.
What is contained within a MIN?
(Marine Information Notice)
* General information.
* For a limited time, possibly an expiry date.
