MLC Flashcards

1
Q

Describe the MLC

A

4th pillar
Adopted (not ratified) by ILO in Feb 2006.
Creates level playing field, no more undue advantage.
AKA seafarers bill of rights + living conditions.

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2
Q

Is the MLC new? And when was it UK law?

A

Concept is not new, previously ILO standards. However MLC is now madatory, taken into UK statute books 7th August 2014. Refer to MGN 470 for list of MSN/MGN/MIN on MLC.

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3
Q

Can a non MLC vessel be inspected on MLC standards during PSC?

A

Yes, unlike ILO conventions, PSC (of countries who have MLC) will inspect non MLC conforming ships, no more favourable treatment. They can be detained, or black listed (check PSC notes)

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4
Q

You are Master of a research vessel, a science guy joins, not employed by shipowner but charterer, are they a seafarer abd will MLC apply to them?

A

Yes. Although remember the special nature of the scientist, they are not crew under the SPS code definition of special personnel.

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5
Q

What are the titles of the MLC?

A

14 key points. Any Man Questioning Steamy Sex Has A Flare For Holding Mens Cock For-Money

1)Age
2)Medical Certification / Manning levels
3) Minimum Qualifications
4)SEA
5)SRPS
6)Hrs of rest (mind different for <18s)
7)Accommodation standards
8)Fun and Rec
9)Food and catering (Cook CoC on board for vessels of 10 persons or more)
10) HSE & accident prevention
11)Medical Care on Board
12)Complaints procedure
13)Payment (30 day rule)
14)Wages

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6
Q

ENG1 changes to MLC?

A

Colour test every 6 yrs
No medical info on cert (remember Malta had this before the change)

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7
Q

Can you be charged for recrutiment / placement?

A

No

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8
Q

What is in a SEA?

A
  1. personal details
  2. details of ship owner
  3. job profile of crew
  4. tour of duty
  5. probation terms (i.e. 9 months etc)
  6. notice period
  7. T&Cs of employment
  8. work schedule
  9. details of leave (2.5 days every 30 days MLC minimum requirement)
  10. details of wages
  11. pension (this is LAW in the UK)
  12. joining and repatriation details
  13. Health requirements
  14. details of sickness / injury / death
  15. training
  16. health and safety procedures
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9
Q

Who signs the SEA

A
  1. Seafarer
  2. Ship owner (names as per DMLC2)
  3. If agency, then them too (double check this tho?)
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10
Q

Who does MLC apply to?

A

ANY ship, inland or international, tonnage not an issue, whether publically owned or privately owned. Following vessels do not comply:
Military / RFA / GOV
Traditional build vessels
FV

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11
Q

Describe the certification process for MLC (remember 7 steps)

A
  1. Company creates DMLC 2 (this is like SMS for ISM or SSP for ISPS), detailing policies for 14 key points.
  2. Company send this to MCA
  3. After approval from MCA, dmlc2 is sent to the VL for implementation (gather evidence)
  4. MCA issues INTERIM MLC CERT (validity 6 months) after A FLAG INSPECTION
  5. First 0-3months the ship implements the DLMC2 and gathers evidence (example of evidence??!) .
  6. 3-6months MCA will pitch-up for an INITIAL INSPECTION along with ISM & ISPS.
  7. After a successful inspection MCA issue
    - full term MLC statement of compliance
    - DMLC1

ONSHORE the company should have a SRPS cert & a copy shall be onboard throughout the above process.

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12
Q

If a UK veseel >500GT solely operates out of a french port, not in international voyage, do they have to comply with MLC 2006?

A

Yes. any vessel 500GT or over, of a flag state of a country enforcing MLC, and operating from another port in another country, has to be certified as per MLC 2006

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13
Q

You are Master of a UK flagged domestic vessel, under 500GT, do you need to be certified under MLC 2006?

A

No. Although you are to comply, with the provisions, you are not required to be certified (confusing or what!!). Ships <500gt or domestic ships need no MLC certification.

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14
Q

Master, joining vessel, what certs pertaining to MLC will you check on joining?

A

MLC cert - valid 5 yrs - with attahced DMLC1&2.

Copies of DMLC1&2 AND last report to be copeid and posted in crew area.

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15
Q

What certs will put in crew areas?

A

DMLC 1 & 2 plus copy of most recent inspection. Do not forget other things like MSF 2004 (freeboard notice), complaints procedure, DPA contact details, lines of communication, smoking policy, ALC 6 etc etc

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16
Q

What is the validity of MLC cert?

A

5 yrs, subject to intermediate inspection between 2nd & 3rd year followed by renewal ar yr 5.. These are done at the same time as enternal ISM audits - usually.

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17
Q

Detail the difference between MLC 1 & 2

A

Part 1 - completed by the FLAG STATE & refers to the relevant national requirements that are to be met and which may be approved to ensure compliance including exemptions granted.

Part 2 - completed by the SHIPOWNER, describes how the MLC and the requirements of the flag state are to be implemented on board. It may contain procedures, statements or refer to existing procedures of the ship’s SMS. Part 2 SHALL BE INSPECTED BY THE FLAG STATE. (even in ACS) (NOT EAS - mca only do DOC and Safety Management cert on EAS)

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18
Q

When can a ship be issued an interim MLC?

A

A new ship on delivery (DMLC2 TO MCA 1ST)
When a ship changes flag
When a ship owner assumes responsibility for the operation of a ship which is new to the ship-owner

19
Q

Validity of interim MLC?

A

6 months, inspection at 3-6 months from MCA, in line with ISM inspection.

20
Q

Can a 15 YO work on a ship?

A

Noooooooooooo

21
Q

Preping for MLC inspection, what certs to check as Master>

A

COCs
STCWs
Any ship specific certs
Records of training

22
Q

Can you call a cadet out of their bed for mooring stations at 0400 if under 18?

A

Need to check this answer, MLC quiz says no, I say possibly?

23
Q

What special provisions must be in place for a <18yo to work?

A

Specific risk assessment must be made and no task given that is likely to jeoprodise their health and safety.

24
Q

ENG1 validity?

A

2yrs
1 yr for <18

25
Q

Can you sack a crew member when you arrive into port in 6 days time?

A

Yes / No. Minimum notice period of at least 7 days however if it is considered gross misconduct, then fire them asap (remember OLB entry, replacement, statement of aligation, interview, breath test, wellbeing check, organise repatriation)

26
Q

Hours of rest for <18 YO

A

12 HRS IN EVERY 24
2 consecutive days off per week, may be reduced to 36 if justified by technical / operational requirements (MSN 1838)
9 hours continuous for 1 of the periods
Not to work after mightnight or start work before 0500 (unless they are on a recognised training programme however routine jobs no i.e. mooring at 0400)

27
Q

Hours of rest for 18 or over

A

10 hours per 24
maximum 2 periods of which 1 must be of at least 6 hours
77 hours per week
6 on:off watches are okay but MCA scrutinise these!!
Drills cannot alter HRS.
MSN 1877

28
Q

Who’s duty is it to record hours of rest?

A

As per MSN 1877 SECTION 8:

The Master, or authorised person, must maintain records of hours of rest for all seafarers serving on the ship Reg 12(1).

29
Q

Do emergencies halt hours of rest?

A

Yes. Any emergency on board, or cargo emergency, or indeed when rendering assistance to a vessel / person in distress, will cease hours of rest. However a Master must ensure that they plan to prevent fatigue within these circumstances.

30
Q

Do you need to post hours of rest / table of duties?

A

Yes. Shipowners must ensure that a table of scheduled watchkeeping duties and hours of rest is produced, setting out the house of work and rest periods. Table must be in english, or working language of the ship.

31
Q

Describe a workforce agreement

A

Alternative. agreement between employees and employer within limits set by MCA. For example
1)Maximum period moves from 2 to 3
2) One period 6 hours and the other not less than 1
3)intervals between periods not more than 14 hours
4) exceptions do not apply to more than two 24 hour periods in 7 days
5)there are at least 70 hours rest in any seven day period

32
Q

When do you need to select a safety committee?

A

5 or more persons on board

33
Q

Can drills deviate HOR?

A

No, additional time off is required to make up for any lost time on hor.

34
Q

A Master will not give the crew a day off on xmas. Is this acceptable?

A

According to Vinil…No it is not acceptable. Seafarers are entitled to public holidays.

35
Q

What is the maximum length of contract a manning agency can give you?

A

12 months

36
Q

What is a seafarers minimum leave entitlement

A

2.5 days for each month (30 per year) and 8 additional days for public holidays.

37
Q

Cabin requirements under MLC?

A

Above WL
Daylight
Single berth but can share toilet

38
Q

What are the requirements for a ship’s cook?

A

Over 18
Ship cook CoC
For 10 or more persons

39
Q

When will you require a doctor?

A

100 persons or more

40
Q

What was the 2017 amendment to MLC?

A

Think death in service benefit, or benefit due to disability due to operational injury illness or hazard. Also each ship must carry on board (and display) a certificate of evidence of financial security to comply with these provisions. Is this the liability one?

41
Q

Your cook has gone ashore and fucked up, he’s got the jail and you need to sail. What are you going to do?

A

As you already know they’re safe, and in jail. Contact the company DPA and arrange a replacement also for the repatriation of the crew home, if they are released? Contact the consulate.

As per the MSN 1846 Ship Cook requirement - In exceptional circumstances the MCA may issue an exemption for max 1 month or next port call to sail without a cook provided that someone else on board is trained or instructed in areas including food hygiene and handling in accordance to rel shipping notice.

42
Q

What are you checking for in the weekly COs rounds?

A

Safety of vessel, crew cabins, food hygiene, messrooms, no hazards, cleanliness, faults and defects, public rooms.

43
Q

What documents are required to be maintained for MLC?

A

Documents required to be maintained on board for Maritime Labour Certificate (MLC 2006)
– Declaration of Maritime Labour Compliance, Parts I and II
– Maritime Labour Certificate
– Recent Inspection report
– Evidence proving that all seafarers onboard are above sixteen (16) years of age
– Evidence showing the crewing agencies comply with the MLC requirements
– A Medical Certificate of maximum one-year validity for seafarers under 18 years of age
– A Medical Certificate of maximum two years validity for seafarers above 18 years of age
– Evidence proving no dangerous work or night time work being undertaken for seafarers under 18 years of age
– A Seafarer’s Employment Agreement (SEA), signed by the seafarer and shipowner or an authorized representative
– A copy of the CBA or Collective Bargaining Act and its English version
– A valid COC or Certificate of Competency and valid training certificates for all seafarers onboard
– Records of training in personal safety and safety meetings held onboard
– Records of all accidents, incidents, investigations and consequent analysis onboard
– Records of seafarer’s familiarisation and the records for seafarer’s rest/work hours