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Master (Yachts) < 3000GT Oral Prep > MLC > Flashcards

MLC Flashcards

1
Q

What is MLC?

A

It is a Convention of the International Labour Organisation adopted at a maritime session in February 2006 and become international law in August 2013.
Aims to ensure that all seafarers have the right to a safe and secure workplace, fair terms of employment, decent working and living conditions on board ship, and clear rights to health protection, medical care and other social protection.
Internationally applies to all seafarers on vessels > 500GT. Applies to all UK seafarers under the merchant shipping act.

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2
Q

What is the role of flag state under MLC?

A

The role of the flag state is to create legislation
To survey vessels and issue a MLC certificate accordingly
To make and receive declarations on the implementation of MLC

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3
Q

What are the Basic rights of seafarers?

A
  • Safe working environment
  • Good working and living conditions
  • Fair terms of employment
  • Basic health and social security
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4
Q

What is a seafarer under MLC?

A

Any person, including the master, who is employed or engaged or works in any capacity on board a ship and whose normal place of work is on a ship.

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5
Q

Sections of the MLC?

A
  • Title 1. Minimum requirements for seafarers to work on a ship. Minimum age, medical certificate, training and qualifications, recruitment and placement
  • Title 2. Conditions of employment. S.E.As, Wages, Hours of work and rest, entitlement to leave, repatriation, compensation, manning levels, career and skill development,
  • Title 3. Accommodation, recreational facilities, food and catering.
  • Title 4. Health protection, medical care, welfare and social security protection. Medical care, Shipowner´s liability, Health and safety, Shorebased welfare facilities, social security
  • Title 5. Compliance and enforcement
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6
Q

What must be inspected under MLC?

A 
•	Minimum age
•	Medical Certification
•	Qualification of seafarers
•	Seafarers Employment Agreements (S.E.A)
•	Regulated Recruitment Provision
•	Hours of Rest
•	Manning Levels
•	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
Additionally the civil liability for repatriation and medical costs.
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7
Q

What is the minimum age of a seafarer? What is a young seafarer? What are the special considerations?

A

The minimum age of the seafarer is 16
Young seafarers are between the ages of 16 and 18
Special considerations
• Medical certificates. Valid for only 1 year.
• Hours of rest. Different hours of rest requirements.
• Risk assessment. A separate risk factor must be taken into consideration
• Crew list. They must be signed onto a separate crew list.
• Master has a duty of care. (Loco parentis)

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8
Q

What are the hours of rest requirements for young persons?

A

• 12 hours rest in every 14 hours
• No night work. (9 hours continuous rest overnight including 0000 – 0500)
• 2 days off per week. (May be reduced to 36 hours)
• 4.5 hours of work must include 30 minutes rest
MSN1838. This is UK legislation. The only item which applies in the international convention is the no night work.

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9
Q

What is loco parentis?

A

A term used in UK legislation. Anybody who has a duty of care over a person under the age of 18, assumes the role of parent or guardian until relieved by the parent of guardian, and must treat that young person as if they were their own son or daughter.

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10
Q

What are the concerns in regard to risk assessments with young persons?

A

Separate risk assessment whenever a young person is involved in a task. To ensure the task is not going to be beyond their mental and physical capabilities.
They may have an inability to recognise a risk
We must not have young persons engaged in activities that could cause harm their development. Such as activities involving high noise or vibration levels, chemicals, radiation, high heat, extreme cold, enclosed space, aloft.

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11
Q

What are the requirements for medical certificates onboard?

A

• Medical certificates are required for someone to be considered a seafarer.
• Issued by duly qualifies practitioner authorised by the flag state. Includes tests on sight and hearing.
• MLC Grants 3 month grace period on expiry if no doctor available
• Validity of 2 years for adults and 1 year for young persons
• MCA will accept other countrief certificates. See MSN1815.
• Must have an English translation. Must have a statement saying the seafarer is fit for duty.
• Different categories depending on fitness for fury.
Ref: MSN1839

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12
Q

What are the requirements in regard to qualifications under MLC?

A

All seafarers require the basic STCW training:
• Personal survival techniques
• Firefighting and prevention
• Personal, social and safety responsibilities
• Elementary first aid at sea
• Proficiency in security awareness
All officers require the advanced training:
• Advanced firefighting
• Proficiency in survival craft and rescue boats
Seafarers must receive a safety induction.

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13
Q

What are the principles of A Seafarer´s employment agreement

A

It is an individual agreement between the seafarer and the owner
• Subject to all requirements of the MLC
• Notice periods (minimum of 7 days) owner´s notice must not be less than that of the seafarer
• Template must be approved by flag state
• It must be possible to produce originals
• Must be signed by both the seafarer and the shipowner or an authorised signatory of the shipowner
• Both the seafarer and the shipowner must have copies of the SEA signed by all the relevant parties
• Subject to laws of flag state and place of agreement
• Seafarers signing an SEA must be given an opportunity to examine and seek advice on the terms and conditions of that agreement before signing it

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14
Q

What is contained in an SEA?

A

It must include:
• The full name, birthplace and date of birth of the seafarer.
• The name and address of the shipowner.
• The date on which & place where the agreement is entered into.
• The capacity in which the seafarer is to work.
• The termination date, termination notice period, or port of termination as applicable.
• The health and social security protection benefits
• The seafarer’s entitlement to repatriation
• The maximum sum which the shipowner will pay to the seafarer in respect of compensation for any loss of personal property arising from the loss or foundering of the ship.
• Details of any collective bargaining agreement which is incorporated (in whole or part) into the agreement or is otherwise relevant to it.
• The wages. The manner in which wages must be paid, including payment dates
• The hours of work.
• The paid leave
• Any pension benefits to be provided to the seafarer, including any entitlement to participate in a pension scheme.
• The grievance and disciplinary procedures.

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15
Q

Describe the procedure for signing someone onto an SEA

A

TBD

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16
Q

How are the manning levels determined?

A

• As per SOLAS, STCW, MLC and Flag state legislation
• Responsibility of owner and operator
• Applied for at design stage of the build
• Minimum safe manning document for vessels over 500GT
• Only flag state can grant exemptions
Ref: MSN1868

17
Q

What are the requirements for crew accommodation under MLC? And recreation areas

A 
•	Naturally lit if possible. If not, seafarer must be exposed to natural light during working day.
•	Minimum bunk size
•	Personal storage
•	Clean bedding
•	Minimum area
•	Noise and vibration levels
•	Above summer load line mark
•	AFT collision bulkhead
Additional provisions for shared cabin arrangements
18
Q

What is the requirement in regard to provision of an onboard recreational space?

A

Requirement for a properly furnished space. Considerations should be given to
• Recreational activities and games
• Phone services
• Audio-visual

19
Q

What are the food and catering requirements under MLC?

A 
are the food and catering requirements under MLC?
•	Fridges and freezers must be kept clean, hygienic and to the correct temperature. 
o	Fridge must be below +5 C
o	Freezers must be below -18 C
•	There must be a qualified on any vessel which has more than 10 persons onboard.  
o	Chef must be over 18 years old. 
o	Must not only have 
•	Galley
o	Work surfaces must be clean
o	Galley kept clean, hygienic, safe
o	Inspected wekly
•	Food
o	Good nutritional value
o	Varied
o	Good quality
o	Culturally acceptable

Reference MSN1845

20
Q

What are the health and safety requirements under MLC?

A 
Onboard
•	Training
•	Awareness
•	Surveillance
Investigation
•	Internal
•	External
•	MAIB
Health
•	Recognising disease onboard
•	Treatment of diseases
•	Guidelines and instructions should be published by member states
21
Q

What are the requirements for medical care under MLC?

A

• Every seafarer has the right to medical care and health surveillance onboard
• Medical care should be provided
• There should be a medical kit onboard
• Ships carrying 15 or more seafarers and engaged on voyages of more than three days duration, more than 60 NM off the coast must provide separate hospital accommodation
• Over 100 persons onboard, there must be a doctor onboard
• There must be medical advice available
• Ship captain´s medical guide must be available
• If the seafarers medical care can not be completed onboard, the seafarer must be landed ashore
• Shore medical facilities must be adequate
• The shipowner must have the appropriate insurance.
Records must be kept

22
Q

What insurance is required under MLC?

A

The flag state ensures that the shipowner is liable to medical expenses
The shipowner must demonstrate to the flag state and to the seafarers that they have insurance in respect of civil liability, for the medical expenses or death of a seafarer. They must also have insurance to cover for civil liability to repatriation.
• certificate of insurance or other financial security in respect of seafarer repatriation costs and liabilities
• certificate of insurance or other financial security in respect of shipowners’ liability for medical expenses.

23
Q

What are the requirements in regard to onboard complaints procedure under MLC?

A

MLC requires that seafarers have access to a complaints procedure
• Forms part of the SEA
• Details must be made available either in the SEA or posted in the crew mess
• The master must log all complaints appropriately
A seafarer may raise a complaint internally
1. The compliant must initially be made to a supervisor or to a designated trusted person.
2. If it cannot be resolved at this level, the complaint must be raised with the master.
3. If the master cannot deal with it, the complaint may be forwarded to the management company
If the seafarer does not get satisfaction or the matter is not resolved through the internal structure, the seafarer may raise the complaint externally to any of the following entities:
• Flag state
• port state control
• The appropriate authority in their country of residence

24
Q

Is it appropriate for a crewmember to make a complaint directly to the master?

A

Yes

25
Q

What are your actions as master if a crewmember complains about the water?

A

Normal level of chlorine is 0.2 ppm
Every 3 months. Shower heads. Clean in a 50ppm chlorine solution
Every 6 months. Fresh water hoses. flush and fill with 50ppm chlorine solution for 1 hour the flushed
Every 12 months. FW tanks to be opened up, emptied, ventilated and inspected thoroughly cleaned, recoated as necessary, aired and refilled
Re-fit or dry dock. The entire system should be charged with super-chlorinated freshwater at a concentration of 50ppm for a period of 12 hours then completely flushed out

26
Q

What are the requirements regarding payment of wages under MLC?

A
  • No unauthorised deductions
  • Flag state must legislate for wage payments
  • Seafarers to be paid withing 31 days of SEA being agreed
  • Seafarers may allot monies home with reasonable charges and rates
  • Seafarers must be given regular statements of amounts paid
  • Flag state must investigate complaints regarding wages
27
Q

What are the requirements regarding Recruitment and placement under MLC?

A

Recruitment agencies must be regulated by flag state and must ensure the following:
• They must not charge seafarers
• respond to complaints and insure themselves
• maintain a register of seafarers
• seafarers are informed of rights
• verify seafarers are suitably qualified
• shipowner has a means to employ

28
Q

What is the Documentation required under MLC?

A

MLC Certificate. Issued by Flag state. Valid for 5 years. Subject to an intermediate survey between the 2nd and 3rd anniversary.
Declaration of Maritime Labour Compliance part 1. Prepared by the flag state. Sets out the flag state requirements in regard to MLC. Identify the matters to be inspected, identify national requirements.
Declaration of Maritime Labour Compliance part 2. Completed by the shipowner. Identify measures adopted to ensure ongoing compliance with the MLC. outlines the measures which need to be updated to ensure compliance with the national requirements (the 14 items listed in Appendix A5.1 of the MLC, 2006), as well as to make sure that improvement continues. Should also identify persons responsible for verification, records to be taken.
• Minimum age
• Medical Certification
• Qualification of seafarers
• Seafarers Employment Agreements (S.E.A)
• Recruitment or placement service
• Hours of work Rest
• Manning Levels
• 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
• Financial security for repatriation
• Financial security related to shipowner’s liability

29
Q

What is particular about the MLC certification?

A

The flag state cannot delegate surveys/audits or inspections to any other organisation.

30
Q

What would you expect to receive from the Flag surveyor when he completes the MLC intermediate survey?

A

An Audit report

An endorsed MLC certificate

31
Q

What would you expect during an MLC audit?

A

The audit will come onboard and check the following:
• crew areas and crew accommodation
• Declarations of maritime labour compliance
• Hours of work and rest are adhered to
• Check list of crew
• Check crew certification
• Check crew are receiving wages on time and in accordance with the regulations
• Interview crew and ensure they are aware of their rights
• Check S.E.A template is approved and current.

32
Q

What must be inspected when inspecting the crew accommodation?

A

The crew accommodation must be maintained in a clean and habitable condition and all equipment and installations must be maintained in good working order.
Inspection must be carried out weekly by the master Master must be accompanied by another crewmember.
The following would be checked:
• General condition and cleanliness
• Safety (Ensure no fire hazards present, lifejackets and smoke hoods, area free of clutter)
• MLC (Heating, ventilation, lighting, air conditioning, noise and vibration, beds, sanitary arrangements)
• Security (Contraband)
• Garbage management (Bins empty)
• Seaworthiness (Stowage, WT integrity of the portholes, corrosion)
• Other areas: Laundry room, Crew mess and recreation area

33
Q

What is the difference between a survey and an audit?

A

A survey is an inspection of machinery, equipment, paperwork

An audit is a qualitative inspection of operational procedure and methodology

34
Q

What must be inspected when inspecting the food and water?

A 
Cold stores &amp; dry stores
•	General cleanliness and hygiene
•	Check expiry dates of produce
•	Check temperatures
•	Ensure produce is sealed
•	Ensure there is a proper rotation of produce
•	Any infestation
Galley
•	General cleanliness and hygiene
•	Appropriate safety arrangements in place
•	General stowage
Water
•	Appropriate temperature
•	Planned maintenance adhered to
35
Q

What is the Enhanced authorization scheme?

A

EAS provides for partial or full authorisation to UK authorised Classification Societies for survey and audit of selected UK registered ships operated by eligible shipping companies; linked to a flag inspection regime and based on a risk profile. This is like an advanced level of ACS. All certificates except the ISM DOC.

36
Q

What are the requirements for occasional workers?

A

• They shall have no emergency duties
• They shall have received familiarisation training
• Have crew accommodation
• Be medically fit to carry out their duties
• Have a contract of employment, providing equivalent protection to that available under MLC
• Shall not be required to meet the cost of food or medical care onboard or their travel to and from the yacht.
Be trained to ensure their own health and safety onboard

Master (Yachts) < 3000GT Oral Prep (15 decks)

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