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MLC 2006 Word
MLC 2006 Word
MLC 2006 Word
CONVENTION
(MLC) 2006
MANAGEMENT
PROCEURES
MANUAL
Minimum Age
Medical Certificate
Title 1 1
Training And Qualifications Of Seafarers
Repatriation
Manning Levels
Ship-Owner’s Liability
Title 4 4
Health And Safety Protection And Accident Prevention
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CONTROLLED DOCUMENTATION LIST
TITLE FOUR: HEALTH PROTECTION, MEDICAL CARE, WELFARE AND SOCIAL SECURITY
PROTECTION
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MLC FORMS
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DISTRIBUTION LIST
The MLC Procedures Manual has been distributed within the organization of Eikano Shipping & Trading S.A
including the managed vessels, as follows:
COPY
HOLDER (FUNCTIONALTITLE) DATE OF ISSUE ISSUED BY
NO.
Notes
1. Controlled Copies: Copies of the manual marked as such are controlled through
the Document and Data Control procedure.
2. Uncontrolled Copies: Copies of the manual marked as such are not controlled through
the Document control procedure.
3. This list includes controlled copies distributed within EIKANO SHIPPING & TRADING SA
Organization, including managed vessels.
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AMENDMENT RECORD PAGE
EFFECTIVE
TAB CODE BRIEF DESCRIPTION OF AMENDMENT REVISION
DATE
Initial Issue Of MLC Management Procedures
-- -- 00 25/12/2020
Manual for M/V “OSPREY BULKER”
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BACKGROUND
MLC 2006 was adopted by the ILO on 07 February 2006 and will enter into force on 20 August 2013 as
all the required ratification criteria of the Convention have been satisfied.
MLC 2006 is intended to provide all seafarers with decent working and living conditions regardless of
nationality or flag. It is also designed to address any concerns that may arise if such conditions fail to meet
flag Administration requirements regarding compliance with the Convention. In broad terms MLC 2006
covers the payment of wages, safe and secure working and living conditions, fair contractual employment
terms and a right to medical care.
MLC 2006 encompasses, supersedes and builds upon the requirements of a number of existing ILO
Conventions. An important difference to other ILO Conventions is that the MLC 2006 has provisions for
flag state inspection and certification as well as inspection and enforcement by port States under the
principle of “no more favorable treatment” for ships of a non-party State.
MLC 2006 provides an international instrument setting forth a minimum set of requirements governing the
working and living conditions for seafarers.
MLC 2006 requires ship-owners to demonstrate that the Convention standards are met by their ships. The
Convention has four purposes:
a) to lay down, in its Articles and Regulations, a firm set of rights and principles;
b) to expand on the provisions of the Regulations in the Code, through mandatory requirements and
non-mandatory guidance;
c) to allow, through the Code, a degree of flexibility in the way Member States implement these
rights and principles; and
d) to ensure, through Title 5, that the rights and principles are properly complied with and enforced.
The Convention comprises three different but related parts: the Articles, the Regulations and the Code.
The Articles and Regulations set out the core rights and principles and the basic obligations of Member
States ratifying the Convention. The Code contains the details for the implementation of the Regulations and
comprises Part A (mandatory standards) and Part B (non-mandatory guidelines).
The Regulations and the Code are organized into general areas under five Titles, each of which
contains groups of provisions relating to a particular right or principle (or enforcement measure in Title
5), as follows:
(i) Title 1 - Minimum requirements for seafarers to work on a ship. This addresses minimum
age, medical certificates, training and qualifications, recruitment and placement.
(ii) Title 2 - Conditions of employment. This addresses employment agreements, wages, hours of
work and rest, leave entitlement, repatriation, compensation in the event of loss of a ship, manning
levels, career and skill development, seafarer employment opportunities.
(iv) Title 4 - Health protection, medical care, welfare and social security protection. This
addresses medical care, ship-owner's liability, health &safety and accident prevention, access to shore
welfare facilities, social security
(v) Title 5 - Compliance and enforcement. This addresses flag State responsibilities, port State
responsibilities, labor supply responsibilities.
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Certification is mandatory for commercial ships of 500 gross tons and above. Compliance for these
Ships is evidenced by a Maritime Labor Certificate, to which is annexed a Declaration of Maritime
Labor Compliance (DMLC).
The flag State requirements will be referenced in the DMLC Part I and the format of each Flag
Administration’s DMLC Part I is provided through specific marine notices. The ship-owner response to
Flag State requirements is to be set out in the DMLC Part II which should be in Flag Administration’s
Specific format.
Port State control inspections will focus only on the relevant requirements of the Convention (Articles,
Regulations and the Standards in Part A).
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DEFINITIONS
Act of God:
One resulting from acts of nature, which could not have been foreseen by man.
Cadet
Means an aspiring merchant marine officer, whose training program includes the improvement of
Academic and professional skills, as well as the formation of attitudes and behaviors under the observance
and strict compliance of rules, regulations and existing orders.
Competent authority
Means the minister, government department or other authority having power
To issue and enforce regulations, orders or other instructions having the force of law in respect of the
Subject matter of the provision concerned.
Convention
Means the Maritime Labor Convention, 2006
DMLC Part I
Means the Declaration of Maritime Labor Compliance Part I referred to in Regulation 5.1.3.10(a)
DMLC Part II
Means the Declaration of Maritime Labor Compliance Part II referred to in Regulation 5.1.3.10(b)
Deficiency
Means an observed situation or defect where objective evidence indicates a non-fulfillment of a specified
requirement of the Convention
Employment agreement:
It refers to the labor contract or enrollment contract.
Employment contract per Voyage
Means the agreement entered into from port to port, regardless of the voyage made by the ship.
Force Majeure
Means the situation produced by the actions of man that were impossible to oppose.
Tonnage
Means the gross tonnage calculated in accordance with the tonnage measurement regulations contained in
Annex I to the International Convention on Tonnage Measurement of Ships, 1969, or any successor
Convention; for ships covered by the tonnage measurement interim scheme
Adopted by the International Maritime Organization, the gross tonnage is that which is included in the
REMARKS column of the International Tonnage Certificate (1969);
International voyage
Means a voyage from a country to a port outside such a country.
Member
Means a country that is a member of the International Labor Organization (ILO)
MLC
Means the Maritime Labor Certificate referred to in Regulation 5.1.3;
Seafarer
Means any person, including the Master, who is employed or engaged or works in any capacity on board a
ship. As per national regulations, the following persons or category of persons are not considered as
seafarers:
A. Port pilots
B. Port workers
C. Ship Surveyors
D. Superintendents
E. Workers subject to the special working regime of the St Vincent & Grenadines Authority.
F. Technical staff operating offshore drilling platforms or MODU; except those individuals that
because of their training and qualifications, are covered by the provisions of the STCW Convention.
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G. Armed personnel
H. Scientists
I. Researchers
J. Divers
K. Cadets
L. Specialist off-shore technicians, and others whose work is not part of the routine operation of
the ship
M. Any other person or category of persons as indicated by the Administration.
N. Also, national regulations defines a Cadet as “An aspiring merchant marine officer,whose training
O. program includes the improvement of academic and professional skills, as well as the formation of
P. attitudes and behaviors under the observance and strict compliance of rules, regulations and existing
Q. Orders.”
Seafarers’ Employment Agreement (SEA) includes both a contract of employment and articles of
agreement
Seafarer recruitment and placement service
Means any person, company, institution, agency or other organization, in the public or the private sector,
which is engaged in recruiting seafarers on behalf of ship-owners or placing seafarers with ship-owners.
Ship
Means a ship other than one which navigates exclusively in inland waters or waters within, or closely
adjacent to, sheltered waters or areas where port regulations apply
Ship-owner
means any natural or legal person, owner of a ship or another organization, such as the manager, agent or
bareboat charterer, who has assumed the responsibility for the operation of the ship from the owner and
who, on assuming such responsibility, has agreed to take over the duties and responsibilities imposed on
ship-owners in accordance with the Maritime Labor Convention, (MLC, 2006) regardless of whether any
other organization or persons fulfill certain of the duties or responsibilities on behalf of the ship-owner.
Serious Deficiency
means an identifiable deficiency that constitutes a “serious breach” of the requirements of the Maritime
MLC 2006 (including seafarers ’rights), or represents a significant danger to seafarers’ safety or health or
security and which requires immediate action or includes a lack of effective and systematic implementation
of the ship owners’ responsibilities through the DMLC.
STCW Convention means the
International Convention on Standards of Training, Certification and Watch keeping for Seafarers, 1978,
amended, adopted by the Republic of St Vincent & Grenadines by means of Law No. 4 of May 15, 1992.
Able seafarer
means any seafarer who is deemed competent to perform any duty which may be required of a rating serving
in the deck department, other than the duties of a supervisory or specialist rating, or who is defined as such
by national laws, regulations or practice, or by collective agreement;
Basic pay or wages
means the pay, however composed, for normal hours of work; it does not include payments for overtime
worked, bonuses, allowances, paid leave or any other additional remuneration;
Consolidated wage
means a wage or salary which includes the basic pay and other pay-related benefits; a consolidated wage
may include compensation for all overtime hours which are worked and all other pay-related benefits, or it
may include only certain benefits in a partial consolidation;
Hours of work
Means time during which seafarers are required to do work on account of the ship;
Hours of rest
Means the time not included within hours of work; this expression does not include short breaks. Short
breaks are those that encompass less than an hour, or breaks for having meals, which shall not count as rest
time.
Harassment
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Means any harmful action taken by a person against a Seafarer for having reported a complaint that is
neither clearly abusive nor malicious.
Overtime
Means time worked in excess of the normal hours of work.
Work accident
Means any event that produces a bodily injury or functional disruption to a Seafarer, whether in the
execution, due to, or as a result of the job, and caused by the sudden or violent action of an external source
or by the effort made.
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Vessel Particular
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MINIMUM REQUIREMENTS FOR SEAFARERS TO WORK ON A SHIP
No person below the minimum age of 18 years in any case or rank shall be employed or engaged or work on a ship.
With the exception of cadets, who for educational reasons carry out their professional practice on board a
ship with St Vincent & Grenadines registration. Any person under the age of 18 years who for educational
reasons has been authorized to carry out his/her professional practice on board a ship may not do so during
the night shift.
Age verification is conducted by Company and by the private recruitment service providers (used by the
Company), prior to hiring seafarers in any rank on board Company vessels. Company’s Management
System internal MLC inspections are conducted on board each Company vessel once every twelve (12)
months with a view to verifying ongoing compliance with applicable Flag and Company labor management
system procedures. Relevant reports are available. Age verification is also conducted during the internal
audits on board Company’s managed vessels and to the private recruitment service provider premises.
Qualification, training and certification of Cook shall be obtained and verified according to requirements of
Flag State where applicable, by Crew manager and/or Manning agent.
RECORDS:
1- Audit reports of the private recruitment service provider used; (Form MLC-01)
2- Copy of agreement with Manning Agent;
3- Crew Lists;
4- MLC audit reports concerning on board company verification;(Form MLC-03)
5- Instructions to Manning Agents;
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1.2 MEDICAL CERTIFICATE
As per applicable MLC 2006 requirements, every seafarer will, prior to beginning work on a Company’s
ship, hold a valid medical certificate issued by a duly qualified medical practitioner licensed at the place of
examination and/or recognized by the competent authority at the place of examination, attesting that the
seafarer is medically fit to perform the duties that they are to carry out at sea.
A medical certificate solely concerning eyesight will be issued by a person recognized by the competent
authority at the place of examination, as qualified to issue such a certificate. The medical certificates issued
for seafarers employed on board Company vessels are in the format prescribed by the relevant Flag
Administration. The Competent Authority shall regulate everything concerning the issuance, content and
validity of the medical certificate pursuant to what is established by the International Convention on
Standards of Training, Certification and Watch-keeping for Seafarers, 1978, amended (Training
Convention), the Convention on Maritime Labour, 2006 and ILO/WHO Guidelines for Conducting Pre-Sea
and Periodic Medical Fitness Examinations for Seafarers the Directives for the carrying out of health
examinations to Seafarers, including any subsequent versions, and any other applicable international
guidelines published by the International Labour Organization, the International Maritime Organization or
the World Health Organization (ILO/IMO/WHO), regarding to the issuance and regulation of medical
certificates of seafarers.
The Medical certificates issued in accordance with the requirements of STCW 1978, as amended must be
considered valid. Medical certificates that substantially meet those requirements must also be considered
valid, in the case of Seafarers not covered by the Training Convention.
Crew department will ensure that Medical certificates are stating that the seafarer concerned:
a. has satisfactory hearing and sight, as well as color vision where the nature of the work to
be performed requires it;
b. is medically fit to perform the duties they are to carry out; and
c. is not suffering from any medical condition that is likely to be aggravated by service at sea or
to render the seafarer unfit for such service or to endanger the health of other persons on
board.
d. Vision tests must include a test for the perception of colors, in the case of persons who are
going to be employed for services in which their aptitude for the job should not be diminished
by daltonism or a bad perception of colors.
Specifically, Medical certificates containing hearing, sight, color vision, fit for duty and probable medical
restrictions accordingly shall be requested, checked and controlled by Crew manager and Manning
Agent.
All medical certificates shall be issued at least in English and shall be valid for a maximum period of two
years and certificates of color vision shall be valid for a maximum period of six years.
Medical certificates will comply with the Standards in the STCW Convention and be issued following the
procedures set out in the ILO/WHO guidelines. Medical certificates valid for one year are accepted by the St
Vincent & Grenadines Administration.
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 from a qualified medical
practitioner, provided that:
1. The period of such permission does not exceed three months; and
2. The Seafarer concerned is in possession of an expired medical certificate of recent date (not more than
three months of expiration) .
When a medical certificate’s validity expires in the course of a voyage, the certificates shall continue in
force until the next port of call where the seafarer can obtain a medical certificate from a qualified medical
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practitioner, provided that the period of such permission granted by the Flag Administration shall not exceed
three months.
Any changes concerning applicable medical regulatory requirements for seafarers are also monitored by
Crew Manager for proper implementation.
All changes concerning regulatory requirements are processed through the Company’s Management System
requirements.
Records or lists of medical personnel recognized to perform recognitions to seafarers and issue Medical
Certificates must be made available to third States, companies and interested seafarers, by each
Administration, in compliance with Section A-I/9, point 4 of the STCW 78 Convention as amended. Crew
manager is responsible to maintain such records or lists which can be requested through consulates, and
have them available at the Regional Offices when evaluating the medical Certificates submitted by the
seafarers.
Guidelines on the Medical Examinations of Seafarers, Medical Certificate Form and Medical Examinations
forms can be found in MERCHANT MARINE CIRCULAR MMC-261.
RECORDS KEEPING:
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1.3 TRAINING AND QUALIFICATIONS OF SEAFARERS
Company will ensure that Seafarers working on board ships flying the St Vincent & Grenadines flag will
have the appropriate training and qualifications and maintain on board a certificate that proves that they
have the professional competences or other qualifications necessary to carry out their duties, duly issued or
countersigned by the Competent Authority. All training and certification in accordance with the mandatory
instrument adopted by the IMO.
Training of seafarers includes training ashore and on board to ensure seafarers are competent or otherwise
qualified to perform their duties.
Seafarers will not be permitted to work on a ship unless they have successfully completed training for
personal safety on board ship, such as that contained in Section A-VI/1 of the STCW Codes well as any
other requirements or conditions of international rules and conventions and national legislation in force.
All Seafarers covered under STCW 1978, as amended, including those in positions listed in the minimum
safe manning certificate will be trained and certified as competent, in accordance with STCW and will
possess appropriate and valid Flag’s certification and any additional special qualifications equivalent to the
duties they are required to undertake on the ship.
All seafarers employed by Company’s managed vessels under St Vincent & Grenadines flag shall receive
appropriate training prior taking over their duties as per relevant Company’s Safety Management System
procedures that proves that they have the professional competences or other qualifications necessary to carry
out their duties, duly issued or countersigned by the Competent Authority. All training and certification are
in accordance with the mandatory instrument adopted by the IMO.
The training center together with the Master or his/her appointee shall be in charge of supervising the duties
received by the cadet aboard, pursuant to what is established in the International Convention on Standards
of Training, Certification and Watch-keeping for Seafarers, 1978, amended.
Since cadets are not considered seafarers, they can only work on board as part of their training. This training
must be recorded on board, and in the event that a request is made by a PSC inspector, it can be shown as
documentary evidence
Company will ensure that every Seafarer employed as Cook (Chief Cooks, 2nd Cooks) on board a vessel is
trained, and has the qualifications and competences required to perform this duty, for which he/she must
have completed a training course accepted by the Competent Authority, that comprises practical
understanding in cooking, food and personal hygiene, storage of foods, management of reservations,
protection of the environment and safety and health in catering. Mess men and stewards are not Cooks, so
they do not need a Cook’s training certificate
If operating with a prescribed manning of less than ten (10), a fully qualified cook is not required, provided
that the person processing food in the galley is educated or trained and instructed with regards to foods and
personal hygiene as well as food handling and storage of food. The training will be documented through
Form MLC-08.
If the cook is temporarily not available for exceptional circumstances or has had to leave the ship, the
Administration may grant an exemption and allow an unqualified cook to render services in a specific
vessel, during a particular period, until the next appropriate port of call or during a period no longer than one
month, subject to the person who receives said exemption having received training or education in matters
of food and personal hygiene, as well as the handling and storage of foods onboard.
Evidence of training and qualification of the ships’ cook must be available for review onboard the ship.
The St Vincent & Grenadines Administration will accept the certificate issued either under the authority of
any recognized overseas administration that is signatory of MLC 2006 and a certificate in compliance with
Ships’ Cooks Convention 1946 (N° 69).
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The St Vincent & Grenadines Maritime Authority will endorse the Cook’s training courses issued by other
Administrations that have ratified the MLC 2006. The procedure for applying and obtaining the
endorsement is the same as the existing procedures for endorsing other training certificates (e.g. Basic
Safety Training endorsements).
RECORDS:
Company’s agreement with manning agency making reference to seafarers’ applicable competency
requirements;
Training and Familiarization for Cook and other catering staff (Form MLC-08);
Copies of licenses / certificates of seafarers;
Crew List;
Minimum Safe Manning Certificate;
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The Ministry of Labour and Labour Development will be the entity in charge of regulating providers of
recruitment and placement services established within the territory of the Republic of St Vincent &
Grenadines, pursuant to what is established by the national legislation in force. Natural persons or legal
entities interested in offering the services of recruitment and placement for Seafarers in the Republic of St
Vincent & Grenadines, whose main purpose is the recruitment and placement of Seafarers, or that recruit
and place an important number of Seafarers, must have an operations license granted by the Ministry of
Labor and Labor Development.
As described above, Seafarers’ organizations located within the territory of the Republic of St Vincent &
Grenadines that wish to offer the services of recruitment and placement with the purpose of placing national
seafarers at the disposal of vessels with St Vincent & Grenadines registration, as long as they meet the
following conditions:
a. The service of recruitment and placement is operated pursuant to a collective bargaining agreement
between the Seafarers’ organization and the Company.
b. Both the Seafarers’ organization and the Company are based in the territory of the member.
c. The collective bargaining agreement permitting the operation of the recruitment and placement
service provider has been legalized and registered with the Ministry of Labor and Labor
Development.
d. The provider of recruitment and placement services operates regularly and has established measures
for the protection and promotion of Seafarers’ employments rights comparable to those provided.
Company will ensure, as far as practicable, that the Seafarer recruitment and placement services (“SRPS”)
located in a country or territory that is not party to the Maritime Labor Convention 2006 (MLC 2006), that
conform to the standards set out in Standard A 1.4 of the Convention and that they have a system of
qualifications that supports the recruitment and placement of Seafarers. by auditing SRPS and results will be
kept as evidence of compliance.
In that case the audit reports and results shall be kept onboard all St Vincent & Grenadines flag vessels as
evidence of compliance of SRPS. Company will be exclusively responsible in the event that the ship is
detained upon inspection, whether by the Flag State or the Port State, as well as for any sanctions involved
with the detention of the ship.
If Company using services of recruitment and placement of seafarers that are located in countries or
territories where the Maritime Labor Convention, 2006 applies, must make sure that those services comply
with the provisions established on Regulation 1.4 of Title 1 of the Maritime Labor Convention 2006. For
this purpose, the private SRPS used by the Company, are audited by Company once per twelve (12) months
(Form MLC-01) and as per SMS relevant procedures and this Labor Management System procedure to
ensure ongoing compliance with ILO – MLC 2006 provisions. Relevant reports are available. Crew
Manager must ensure that providers of recruitment and placement services that operate in the Republic of St
Vincent & Grenadines comply with the following:
A. Keep an updated record of all Seafarers recruited or placed through their intermediation, which must
be placed at the disposal of the authority for the purpose of inspection.
B. Ensure that Seafarers know their rights and obligations established in their employment agreements
before or during the recruiting process, and that the appropriate measures are adopted in order for
Seafarers to be able to review their employment agreements before and after these have been signed,
and receive a copy of same.
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C. Verify that Seafarers recruited or placed through their intermediation have the necessary
qualifications and documents for the job in question, and that the Seafarers’ employment agreements
are in accordance with what is established in this Executive Decree and with every collective
agreement that forms part of the employment agreement.
D. Ensure, as long as feasible, that Company have the necessary means to prevent Seafarers from being
abandoned in foreign ports.
E. Examine and confirm every complaint regarding their activities and notify every complaint
pending before the Authority.
F. Establish a protection system, by means of insurance or an equivalent appropriate measure, to
compensate Seafarers from pecuniary losses that may be suffered as a result of any non-compliance
of the obligations that providers of recruitment and placement services or Company may have with
them by virtue of the Seafarers’ employment agreement. Crew Manager ensures that the seafarers’
personal data as well as personal and medical records of seafarers are handled in a manner that
protects the privacy and confidentiality of this information and same is implemented by the staff of
the private recruitment service providers used by the Company. This is also monitored by the Crew
Manager during the audits conducted to the private recruitment service providers.
Company also ensures that the applicable Collective Bargaining Agreement (CBA) is duly implemented
and included in the terms of the Seafarer’s Employment Agreement (SEA). Seafarers are informed of their
rights and duties under their employment agreements before signing. The process includes allowing the
seafarer to review, examine and seek advice on the agreement prior to signing. It is Company’s Policy that
exploitation and / or discrimination of seafarers during the recruitment process or the financial burden of the
seafarer when assigned for duty to Company vessel is strictly prohibited. In this respect, it is also
Company’s Policy that no deductions are made from the seafarer’s remuneration as agreed in the applicable
SEA. Such Company Policy is also monitored for implementation by the private recruitment service
providers. In the same manner requests for information or advice by families of seafarers while the seafarers
are at sea are dealt by the Company promptly, sympathetically and at no cost.
All joining costs required for seafarers are covered by the Company except the cost of the seafarer obtaining
a national statutory medical certificate, the national seaman’s book and a passport or other similar travel
document and shall not be considered a violation of the prohibition established in article 22 of Executive
Decree No. 86. February, 22, 2013 . The costs of visas are borne by the Company.
It is Company’s Policy that the applicable Collective Bargaining Agreement (CBA) is attached to the
Seafarer’s Employment Agreement (SEA) and handed over to each seafarer prior to joining the vessel. The
CBA and applicable SEA are issued in English and are also translated in the native language of seafarers.
The CBA and SEA used by Company are also available to the private recruitment service providers.
Company’s Safety Management System includes relevant provisions for satisfying the sea service
requirements for promotion and such information is available in English. I t is Company’s Policy that all
concerned parties, including Masters and private recruitment service providers, have been notified
accordingly to ensure protection and appropriate measures to prevent seafarers from being stranded in a
foreign port.
The Company ensures that seafarers’ compensation criteria are also met during the recruitment process.
All vessels contact information maintained by Company and the private recruitment service providers,
including emergency contact details.
Company conducts periodic review of the validity of all ships’ certificates as well as the validity of the
certificates / licenses of seafarers in accordance with the Company’s SMS applicable procedures. Ships
placement services shall not give rise to Seafarers paying any compensation or bonus, directly or indirectly,
for the service received. This action shall result in the cancellation of the operations license issued by the
Competent Authority, as the case may be.
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Natural persons or legal entities that carry out directly or indirectly procedures for the placement,
recruitment or intermediation of Seafarers in violation of the provisions of this Executive Decree must be
subject to all administrative penalties that apply.
RECORDS:
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CONDITIONS OF EMPLOYMENT
The employment agreement will take effect from the date specified in the contract. However, considering
that many employment contracts cannot immediately commence from the date stipulated due to unforeseen
circumstances beyond the control of the Company and seafarer; St Vincent & Grenadines regulation
indicates that salaries shall be paid as of the day on which the Crewmember begins his/her service aboard.
Nevertheless, if a Crewmember has to travel from the recruiting place to reach the ship, the salary shall
come into effect as of the moment in which the seafarer start the trip to join the vessel.
Company must always keep on board and at the disposal of Seafarers, including the ship’s Master and any
pertinent authority, including those in the ship’s ports of call, copies of the employment agreement of all
Seafarers onboard for their review.
Company must keep onboard a copy of the collective agreement in the event that the employment agreement
is regulated by it. When the employment agreement and the applicable collective agreements are not written
in English, an English version of a sample employment agreement and those parts of the collective
agreement that are subject to inspection by the Port State must also be available.
The Crew Manager is responsible for Ensuring Seafarers Employment Agreement contains particulars
as stipulated below:
i. If the agreement has been entered into for an undetermined time period, the conditions for
termination of the employment agreement established in this Executive Decree, as well as any prior
notice period;
ii. If the agreement has been entered into for a determined time period, the date of expiration; and
iii. If the agreement has been entered into for a voyage, the port of destination and the time that must
pass after arriving at the destination in order to be able to terminate the Seafarer contract;
8. Medical protection benefits that the Ship-owner must provide Seafarers with, as well as social
security benefits;
9. The seafarer’s entitlement to repatriation
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10. Maximum period of uninterrupted service on board, upon termination of which Seafarers shall be
entitled to be repatriated;
11. Reference to the collective agreement if applicable;
12. Rest hours;
13. Additional benefits that Seafarers earn, if any;
14. Manner of payment
Employment agreement with Seafarers may be entered into for indefinite periods, for definite periods
or for a voyage. Salary and type of currency must be stated on the employment agreement and it shall only
be set by unit of time, at periods no greater than one (1) month. Employment agreement with Seafarers that
are for a definite period must always be in writing, and the duration period shall not be longer than one (1)
year. Crew department should ensure the Seafarers Employment Agreement is original, kept on board and
signed by both Seafarer and Company. Seafarers Employment Agreement and Collective Bargaining
Agreement are both available onboard (where applicable) and if not in English, a translated copy will be
provided. The ITF seafarer’s employment agreement must comply with the minimum requests of the MLC
2006.
Company may end any work relationship that is for an indefinite period of time, giving the Seafarer written
notice at least fifteen (15) days in advance, and paying the salary for the services rendered, proportional
vacations, repatriation, and the compensation established in this Executive Decree.
The advance notice period must be counted as of the first day following notification of the termination of the
work relationship. In the event that the Company does not notify regarding the termination of the work
relationship fifteen days in advance, he must pay the Seafarer the amount corresponding to the prior notice.
The vessel’s last voyage and its arrival at port must be taken into account when the prior notice given to a
Seafarer is concluded and becomes effective.
Seafarers may end a work relationship that is for an indefinite period of time, giving the Company by
written notice at least fifteen (15) days prior. Seafarers must take into account the abovementioned
period so that the indicated period concludes upon arrival at the port. Having ended the work relationship,
Seafarers will be entitled to receive from the Company a document stating his service on board containing
sufficient information in English or translated into English, that helps with the securing of another job or that
shows that he meets the requirements of service at sea, stipulated with the purpose of reclassification or
promotion. Said document shall not mention the quality of service or the salary received.
The Seafarer’s Book duly stamped by the Company may replace the document referred to in the prior
paragraph.
The Company will stipulate in his SEA causes for termination of contract (like drug use, sexual harassment,
violence, etc.). Company has establish its internal policy covering these aspects of disciplinary matters in her
Management system procedures. Seafarers who work on Ships with St Vincent & Grenadine flags will be
entitled to repatriation by the Company, without any cost to the former, when the employment agreement
ends by unilateral decision of the Company for any cause. A Seafarer will lose the right to be repatriated
only in the event of:
a. Voluntary and permanent abandonment of the ship without the Company’s authorization.
b. The Seafarer entering into a new employment contract with the same Company after
his disembarking.
c. The Seafarer entering into a new employment contract with a different Company, within
a week following his disembarking.
d. The Seafarer not claiming his right to be repatriated within a week following the time
when he is entitled to be repatriated.
Every St Vincent & Grenadines flag vessel must keep on board a book called “Crew List” or an equivalent
record,
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where the hiring of all Crewmembers is established for the record.
No person below the minimum age of 18 years may be employed, hired or work onboard a vessel with St
Vincent & Grenadines registration with the exception of cadets, who for educational reasons carry out their
professional practice on board a ship with St Vincent & Grenadines registration.
Any person under the age of 18 years who for educational reasons has been authorized to carry out his/her
professional practice on board a ship may not do so during the nightshift. The Company monitors the
recruitment and placement agents used so as to ensure that seafarers’ employment agreements are
maintained in the shore – based office and on board each Company ship. Relevant verification is conducted
during internal audits carried out by Company, as per SMS requirements and additionally as necessary.
The Company has advised the Master and the recruitment and placement agents of the employment records
of seafarers that should be maintained. In particular these records should be at a minimum as follows:
Employment agreement entered into for a voyage, for a definite or an indefinite time, will be rendered
rescinded, with the right to receive payment of the work compensation applicable to Seafarers, in the
following events:
a) Mutual agreement of the parties, as long as it is in writing, and does not imply the waiver of any
rights.
b) Unilateral decision of the Company or his/her representative, pursuant to what is established in this
Executive Decree.
c) Unilateral decision of the Crewmember, as long as it is in writing, and that his resignation is
recorded in the Crew List.
d) Death of the Crewmember.
e) Loss of the ship, or its inability to navigate, whether real or assumed, pursuant to what is established
in the existing insurance or charter contracts.
f) Suspension of the ship’s services or its non-use, as long as said suspension is for longer than 90
days.
g) Disembarking of the Crewmember due to illness or injury, when a minimum of 16 weeks has
passed, counted as from the start of the illness or the day of the accident. The termination of the work
relationship for this reason will not become effective until the end of the disability period, without
detriment of the compensations that may apply for occupational risks.
h) Transferring of the ship’s registration.
i) Change in the ship’s ownership.
j) Expiration of the term of a definite-time contract, or the conclusion of the voyage agreed. Seafarers
may end a work relationship for just cause, being entitled to the compensations established in these
procedures, in the following events:
1. When the crew’s accommodation, food and water are unhealthy or deficient and the Captain fails to
adopt the necessary measures to fix these deficiencies within a reasonable term.
2. Due to mistreatment, harassment or abuse by the Captain or the person representing him.
3. Due to the Company’s or his/her representative’s non-compliance with the safety, health and hygiene
measures established by valid laws and regulations, as long as said deficiencies are known or have
been reported to the Captain, and he omitted taking any corrective measures within a reasonable
term.
4. When wages are not paid in the manner established by the law or the contract.
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5. Due to the Company’s or his/her representative’s imprudence or serious carelessness that
compromises the safety of the ship or the people on board.
6. Due to any actions of the Company or his/her representative that have the aim of inducing
the crewmember to commit an illegal act.
7. Due to the unilateral change in the work conditions that affect Seafarers. Seafarers’ rights to end
their employment agreement for the causes indicated in the above described expire after three
months counted as of the date on which the events occurred, or when these constitute a crime, as of
the moment when Seafarers become aware of them. Just causes that authorize the Company to end a
work relationship without prior notice are the following:
a. Having been deceived by the Crewmember, through the presentation of false documents that
credit him/her with qualities, abilities or competences that he lacks.
b. When a Crewmember, during the time when he/she is at the service of the Company,
engages or participates in acts of violence, threat or insult against the Company, his/her
representative or hierarchical superiors, or other Crewmembers, unless there was a
provocation.
c. When a Crewmember reveals or discloses technical secrets, confidential administrative
matters or information regarding the cargo, which may cause damage to the Company.
d. When a Crewmember commits serious offences of integrity or honesty, or crimes against
property that are damaging to the Company, the ship or any person on board, stevedore or
agent.
e. When a Crewmember intentionally causes, during the execution of his/her duties, or as a
result of these, serious damage to the machinery, facilities, equipment, structure or
operation of the ship or its
f. When a Crewmember compromises the safety of the ship, its cargo, the persons on board
or the environment with his/her inexcusable negligence or carelessness.
g. When a Crewmember blatantly and repeatedly refuses to adopt the preventive measures
and procedures established in order to avoid occupational risks or material damages.
h. When a Crewmember disobeys without just cause and to the detriment of the Company, the
orders given by his/her superiors, based on what is established in the employment
agreement, the collective agreement or the internal regulations onboard.
i. When a Crewmember is found in possession of illegal drugs or under their influence,
or reports for duty in a state of drunkenness.
j. When there is sexual harassment or immoral or criminal conduct by a Crewmember during
the life of the employment agreement; he/she helps to introduce stowaways; or allows
unauthorized persons to board or disembark the ship.
k. When a Crewmember abandons his/her job, which includes abandoning the vessel without
authorization, or refusing to work without just cause.
l. When a Crewmember is not on board on time before the vessel’s departure, after a
visible warning on board the vessel.
m. When a Crewmember does not provide the necessary help in order to secure the immediate
safety of the vessel, the persons on board or the cargo, or to aid other vessels or persons
that are in danger at sea, as long as he/she is not risking his/her own life.
n. A basic inability or clear inefficiency to perform the tasks and fulfill the duties of his/her
respective job.
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Company’s right to end the employment agreement with Seafarers for the causes indicated in the above
expire after three months, counted as of the date on which the events occurred, or when these constitute a
crime, as of the moment when Company become aware of them.
If a Seafarer is fired for just cause, he will only be entitled to salary for the services rendered, the payment of
proportional annual leave and his/her repatriation. The terms of limitation will be governed by the following
rules:
a. All actions that do not have a special limitation term indicated in these procedures will
expire after one (1) year;
b. Actions derived from occupational risks expire after two (2) years;
c. Limitations start counting as of the date of dismissal, or the termination of a labor
relationship, except in the event of an occupation risk, in which case it will start counting
as of when the risk occurred.
RECORDS:
1. Collective bargaining agreement (CBA);
2. Seafarer’s Employment Contract (Form MLC-02);
3. Seaman’s books;
4. Passports;
5. Seafarer’s qualification and Training records;
6. Employment records;
7. Transactions demonstrating payment made by person (s) authorized by the seafarer;
8. Wage calculation information in employment contracts;
9. Changes to wage rates, if applicable;
10. Wages and additional payment records;
11. Exchange rate (s) applied, if applicable;
12. Allotment records;
13. Notice of early termination;
14. Medical data relevant to employment;
15. Personal data relevant to employment;
a) The regular working day shall consist of a maximum of eight (8) daily with a weekly resting as well
as the resting days corresponding to the official holidays, notwithstanding the more favorable
regulations established by the collective conventions.
b) The official holidays for seafarers will be regulated by the employment agreement or applicable
collective conventions, however, the amount days will not be less than four (4) paid days.
c) Seafarers have the right to annual paid vacations at a rate of 2.5 calendar days per month of
employment, notwithstanding a more favorable provision in an applicable collective convention.
d) The salary and type of currency will be stated on the employment agreement and it will only be set by
unit of time, at periods no greater than one (1) month.
e) Seafarers will be given a monthly account of the payments due and the amounts paid, including wages,
additional payments and the rate of exchange used where payment has been made in a currency or at a
rate different from the one agreed to
f) Seafarers have the right to receive a periodical and complete remuneration for their work in accordance
to their respective employment agreement
g) Wages will be paid as of the day on which the Crewmember begins his/her service onboard.
Nevertheless, if a Crewmember has to travel from the recruiting place to reach the vessel, the wage
will start counting as of the start of said trip.
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h) Wages and the type of currency will be stipulated in the employment agreement and may only be fixed
for a unit of time, for intervals no longer than one month.
i) Work carried out during the weekly day of rest or during official holidays will be compensated with at
least an equal period of exemption from work or presence onboard, or with additional annual leave
time, instead of salary remuneration, or in any other manner of compensation established.
j) Seafarers will be paid in full at no greater than monthly intervals and in accordance with their
employment agreements.
k) Ensuring monthly payment of seafarers in accordance the employment contract or CBA and ensure
that all seafarers have been given a monthly statement of account which must include any
supplementary payments, deductions and the type of exchange used in the event of payments in a
currency or a type of exchange other that the one agreed.
l) Ensuring that all seafarers are given the right to transmit at the time of their entering employment or
during it, if they so desire, all or part of their wages at regular intervals to their families by bank
transfers or similar means. These allotments shall be made in due time and directly to the person or
persons nominated by the seafarers. Any charge for the allotments will be reasonable in amount, and
the rate of currency exchange, unless otherwise provided, will, be at the prevailing market rate of the
official published rate and not un favorable to the seafarer. Also it will comply with any other relevant
requirements that may be established by law. Company may deduct said expenses from the amount to
be wired or obtain reimbursement through other means agreed with the interested Seafarers.
m) Overtime hours will be paid with an extra fee of twenty five percent (25%) of the basic salary per hour.
This charge applies also to the overtime hours of the consolidated wage and those exceeding the
corresponding to the consolidated wage.
n) Seafarers have the right to annual paid vacations at a rate of 2.5 calendar days per month of
employment, notwithstanding a more favorable provision in an applicable collective convention.
o) Seafarers employed for periods below to one year or in case of termination of the working
relationship, will have the right of vacations which will be calculated through pro-ration method, at a
rate of 2.5 calendar days per each month of employment.
p) The maximum duration of the uninterrupted service on board, at the end of which seafarers have the
right of repatriation, shall be less than twelve (12) months. Seafarers are entitled to dispose freely over
their wage. Any provision or agreement contrary to this rule shall be void.
Only the following withholdings and deductions from Seafarers’ salaries will be allowed:
1. The payment of debts that a Crewmember acquires with the Company with regards to advanced
salaries or payments made in excess, but under no circumstance shall deductions for this reason
be above 15% of the wage earned in the corresponding payment period;
2. The payment of installments for the purchase of a home to the selling entity or accredit institution, or
the amount to be paid as rent for his/her home, for up to 30% of the wage earned in the
corresponding payment period;
3. Child support payments ruled and ordered by a competent authority;
4. Regular or special union fees to Seafarers’ organizations; and
5. The attachment or embargo on 15% of the excess above the non-attachable amount of the wage; The
total amount of deductions and withholdings authorized shall under no circumstance exceed 50%
6. of the Crewmember’s basic wage, except with regards to letter (c) above.
The legal minimum wage is non-attachable. Also non-attachable is the full amount of the sums received by
Seafarers for vacations, retirements, pensions and compensations established by law, individual and
collective agreement contracts or agreements, and Company’s plans or practices.
Any total or partial assignment of wages in favour of third parties will be void, whether by means of
invoices presented for collection, or by any other means, save for those expressly authorized by law.
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Overtime work will be remunerated with a 25% surcharge above the basic hourly wage. This surcharge will
also apply to overtime comprised in the consolidated wage, and to those exceeding those comprised within
the consolidated wage.
When salaries applicable to Seafarers is totally or partially consolidated, the number of work hours expected
of the Seafarer in exchange for said remuneration, as well as any additional benefits that may be owed to
him/her, on top of the consolidated wage will be clearly specified in the employment agreement.
The part of the wage totally or partially consolidated that corresponds to the regular shift will not be less
than the applicable minimum wage.
The Master, or the person appointed by him, will keep a record of all overtime worked, weather included or
not in the consolidated wage. This record will be signed by Seafarers at intervals no longer than one month.
Nevertheless, records of overtime may be kept electronically, as long as Seafarers approve them at intervals
no longer than one month.
The Crew Manager shall ensure that all the above requirements relevant to wages are incorporated in the
employment contract or CBA and that the Master will verify accordingly.
For seafarers selected through Manning Agents, the above applies as Manning Agent’s duty but under the
Company’s supervision.
RECORDS:
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2.3 HOURS OF WORK AND HOURS OF REST
a) Hours of work means time during which seafarers are required to do work on account of the ship;
b) Hours of rest means time outside hours of work ;this term does not include short breaks.
The Administration has elected to establish a minimum hours of rest standard with which Company will
comply provided for the minimum hours of rest of:
not less than 10 hours in any 24-hour period, which may be divided into no more than two (2)
periods-one of which shall be at least six (6) hours in length ,and no more than 14 hours between
consecutive periods; and
77 hours in any seven-day period Master must be entitled to interrupt and suspend Seafarers’
rest hours if necessary in order to:
a. Guarantee the immediate safety of the vessel, the persons on board, or the cargo, or to
aid other vessels or persons that are in danger at sea, until normality has been restored.
b. Carry out periodic exercises such as firefighting, rescue or abandonment, or others
imposed by national and international rules; these must be carried out in a manner that
disrupts rest hours as little as possible and do not cause fatigue.
c. Carry out imperative operational tasks that are necessary and that cannot be postponed
for safety or environmental reasons, or which were not possible to foresee at the start of
the voyage.
After normality has been restored, the Captain must ensure that an adequate compensatory rest period is
granted to every Seafarer that worked during his rest hours.
The time that this interruption lasts must not be subject to remuneration. Musters, fire-fighting; lifeboat;
security and oil-spill drills, safety & security exercises are conducted in such a manner so as to minimize the
disturbance of rest periods and not to induce fatigue. Adequate compensatory rest period is provided if the
normal period of rest is disturbed for call-outs to work, such as when a machinery space is unattended,
during the normal hours of rest. Any compensatory rest provided shall be consistent with minimum rest hour
requirements in any 24-hour period.
When a seafarer is on call, such as when a machinery space is unattended, the seafarer shall have an
adequate compensatory rest period if the normal period of rest is disturbed by call-outs to work. Master
should post in an accessible place and at the disposal of the competent authorities in the standardized format
established by Maritime Administration, a table of shipboard working arrangements containing the
following information for every position on board the ship provided in English and the working language or
languages of the ship:
The table is adapted to each type of vessel and is prepared by the Company, following the Directives
of the IMO/ILO. The Master or the person designated by him is under the obligation to establish and
maintain schedules for watch-keeping periods that are appropriate and effective, with the aim of
guaranteeing that rest hours are complied with, avoiding fatigue and without risking the safety of the vessel
and the crew at all times.
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All vessels must require that records of the Seafarers’ daily hours of work, which must serve as documentary
evidence that the minimum rest hours of Seafarers are effectively complied with. The Competent Authority
has adopted a standard format of daily rest hours following the Directives of the IMO/ILO in order to
guarantee its control and compliance. However, Company has developed the records of daily rest hours,
including electronic records, meeting the criteria and minimum information established in the IMO/ILO
Directives.
Records of seafarers daily hours of rest are established in the working language or languages of the vessel
and the English language.
Seafarers receive a copy of their rest records endorsed by the Master, or a person authorized by the Master,
and by the seafarer. In all St Vincent & Grenadines flagged vessels, the daily records of resting hours can be
electronically sent to seafarers, as long as these had been approved by the captain or by the person that he
authorizes.
Exceptions to the restrictions on Seafarers’ minimum rest hours must be allowed pursuant to Rule 2.3.13 of
the Convention on Maritime Labor 2006, as long as they are acknowledged in a collective agreement or they
adjust to the provisions established in the STCW Convention. A longer frequency or duration of license
periods or the granting of compensatory licenses to Seafarers that perform watch-keeping duties, or that
work on board vessels dedicated to voyages may be taken into
account.
In particular, any applicable collective agreement may permit an exception to the 77- hour rest in any 7-day
period provided:
1. the working pattern does not compromise the safety and security of the ship and the protection of the
marine environment;
2. that the rest period is not less than 70 hours in any 7-day period;
3. Such an exception from the weekly rest period shall not be allowed for more than two consecutive
weeks.
4. The intervals between two periods of exceptions on board shall not be less than twice the duration of
the exception. Any applicable collective agreement may permit an exception to the two rest periods
in any 24-hour period provided:
5. the hours of rest in any 24-hour period may be divided into no more than three periods, one of which
shall be at least six hours in length and neither of the other two periods shall be less than one hour in
length;
6. Exceptions to the two rest periods in any 24-hour period shall not extend beyond two 24-hour
periods in any 7-day period and the intervals between consecutive periods of rest shall not exceed 14
hours.
Collective agreements permitting such exceptions described above may take account of more frequent or
longer leave periods or the granting of compensatory leave for watch keeping seafarers or seafarers working
on board ships on short voyages. The Master has the right to suspend the schedule of rest and require a
seafarer to perform any hours of work necessary for the immediate safety of the ship, persons on board or
cargo, or for the purpose of giving assistance to other ships or persons in distress at sea. As soon as
practicable after the norm al situation has been restored, the master shall ensure that any seafarers who have
performed work in a scheduled rest period are provided with an adequate period of rest.
If there is a deviation from the schedule of service at sea and service in port, an explanation for this
deviation should be recorded. Deviation from the schedule is not an infringement, provided the minimum
hours of rest are being adhered to.
There are procedures, established by the Company, for on-board monitoring of the rest periods of the
seafarers, as per Company’s SMS applicable requirements. The Company’s SMS contains procedures for
the monitoring of work and rest periods on board, which are maintained by the Company’s Crew & Safety
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Departments ashore and by the Master on board each ship. The ship’s Master communicates such
information to his crew on board. These procedures include, but are not limited to, the monitoring of work
and rest periods on board, training and competency requirements of crew members, including the application
of such procedures during emergency situations, as well as any exceptions which may be allowed under
special conditions.
Relevant records are maintained on board by the ship’s Master. The Company has also integrated in this
chapter of the Labor Management System, which as previously mentioned forms PART of the Company’s
SMS, the applicable Flag and STCW, as amended, requirements concerning the implementation and
monitoring of work and rest periods on board. The relevant procedures in the Company’s SMS have been
established taking into account the potential for fatigue of seafarers and emergency situations without
jeopardizing navigational safety and the safe and secure operation of the ship.
Such procedures are also monitored for implementation by the ship’s Master and during the shipboard
Company verification, internal audits, carried out on board Company’s vessels. During the internal audits
relevant records of work and rest periods are verified for compliance.
The Company has already advised its Masters to ensure that emergency drills and training on board
Company vessels should be conducted in a manner that minimizes the disturbance of seafarers during the
rest periods.
In particular, for UMS certified vessels the Company requires that compensatory rest is provided to seafarers
who may be called out for work during their normal rest periods and relevant records of such compensatory
rest hours are maintained on board by the ship’s Master.
In addition, the schedule of work and rest hours on board is posted on board and each seafarer maintains
individual records signed by the ship’s Master. Such records are provided to each seafarer prior to joining
the vessel by the recruitment and placement service providers together with the Company’s complaint form
and procedure, in English and also in seafarer’s language.
The Master’s responsibility and authority (overriding authority) relevant procedure is already included in the
Company’s SMS, where it is clearly defined and documented the Master’s responsibility with regard to:
RECORDS:
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2.4 ENTITLEMENT TO LEAVE
All seafarers will be granted shore leave to benefit their health and wellbeing, whenever and wherever
possible and with the operational requirements of their positions. All seafarers will receive annual leave with
pay calculated on the basis of a minimum of 2.5 calendar days per month of employment. Justified absences
from work shall not be considered as annual leave. Any absence from work to attend an approved maritime
vocational training course or for such reasons as illness or injury or for maternity will be counted as part of
the period of service. The following will not be counted as part of annual leave with pay:
i. public and customary holidays recognized as such in the flag state, whether or not these fall during
the annual leave with pay;
ii. periods of incapacity for work resulting from illness or injury or from maternity;
iii. temporary shore leave granted to a seafarer while under an employment agreement; and
iv. Compensatory leave of any kind.
Any agreement which provides that seafarers agree in advance to forego annual leave in return for pay is
prohibited, except in cases provided by the Administration.
A seafarer taking annual leave will be recalled only in cases of extreme emergency and with the seafarers
consent.
The Company has incorporated in this procedure the Collective Bargaining Agreement terms regarding
leave calculations and seafarer compensation, as well as the applicable Flag requirements.
The level of pay during annual leave is calculated at the seafarer's normal level of remuneration provided for
by national laws or regulations as laid out by the terms in the applicable seafarers' employment agreement,
which also incorporates the terms of the applicable Collective Bargaining Agreement.
For seafarers employed for periods shorter than one year or in the event of termination of the employment
relationship, entitlement to leave is calculated on a pro-rata basis, as per applicable Collective Bargaining
Agreement.
RECORDS
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2.5 REPATRIATION
a. Upon termination of the period of employment by reason of completion of the voyage for which
the seafarer was engaged or of expiration of the seafarers contract period of employment, to the
port at which the seafarer was engaged, or to such other port as may be agreed upon;
b. Under the following cases:
1. at the Company’s option, to the port in which the seafarer was engaged or where the
voyage commenced or a port in such seafarers’ own country; or
2. To another port agreed upon between the seafarer and the ship-owner or master. However, in the
event such seafarers’ contract period of service has not expired, the Company has the
3. right to transfer the seafarer to another of the Company’s vessels, to serve thereon for the balance of
4. the contract period of service, unless otherwise provided;
In the event of disabling sickness or injury, while a seafarer is on board a ship under signed Shipping
Articles (Seafarers Employment Agreement) or off the vessel pursuant to an actual mission assigned to the
seafarer, by the master or by the authority of the master, to the port at which the seafarer was engaged, or to
such other port as may be agreed upon; and
Upon being abandoned by the master or Company in a foreign port or place without being brought back to
the place as required under the Shipping Articles (Seafarers Employment Agreement). The costs for
repatriation to the destination selected will be borne by the Company. Time spent awaiting repatriation
and repatriation travel time will not be deducted from paid leave accrued to the seafarers.
The Company will take responsibility for repatriation arrangements by appropriate and expeditious means,
which should normally be by air transport.
The Company will maintain financial security to ensure that seafarers are duly repatriated in accordance
with above.
Seafarers will not be required to serve on board a ship for a period of 12 months or more, before being
entitled to repatriation. The Company will never require seafarers to make an advance payment towards the
cost of repatriation at the beginning of their employment, and also from recovering the cost of repatriation
from the seafarers’ wages.
The Company will stipulate in his SEA causes for termination of contract (like drug use, sexual harassment,
violence, etc.). Company has establish its internal policy / SMS covering these aspects of disciplinary
matters Seafarers who work on Ships with St Vincent & Grenadines flags will be entitled to repatriation by
the Company, without any cost to the former, when the employment agreement ends by unilateral decision
of the Company for any cause.
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A Seafarer shall lose the right to be repatriated only in the event of:
a. Voluntary and permanent abandonment of the ship without the Company’s authorization.
b. The Seafarer entering into a new employment contract with the same Company, after his
disembarking.
c. The Seafarer entering into a new employment contract with a different Company, within
a week following his disembarking.
d. The Seafarer not claiming his right to be repatriated within a week following the time when
he/she is entitled to be repatriated.
RECORDS
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2.6 SEAFARER COMPENSATION FOR THE SHIP’S LOSS OR FOUNDERING
Company will provide for adequate compensation to each seafarer in the case of unemployment arising from
the ship’s loss or foundering, which shall not be less than 15 days basic wage or the basic wages until the
expiration of the period for which the seafarer was engaged, whichever shall be least; provided the seafarer
is not employed as a seafarer during this period or has not refused substantially equivalent seagoing
employment.
However the seafarers’ employment agreement or any applicable CBA may provide for more favorable
terms than those provided for above.
Company will provide adequate compensation for injury or loss arising from the ship’s loss or foundering.
All St Vincent & Grenadines flagged vessels will require to have a sufficient number of seafarers on board
to ensure that ships are operated safely, efficiently and with due regard to security.
Every ship will be manned by a crew that is adequate, in terms of size and qualifications, to ensure the safety
and security of the ship and its personnel, under all operating conditions, in accordance with the minimum
safe manning document or an equivalent issued by the competent authority in accordance with the rules of
the SOLAS Convention, and to comply with the standards of the international instrument.
When determining, approving or revising manning levels, the St Vincent & Grenadines Maritime Authority
will take into account the need to avoid or minimize excessive hours of work to ensure sufficient rest and to
limit fatigue, as well as the principles in applicable international instruments, especially those of the
International Maritime Organization, on manning levels.
The Company will ensure that at all times, ships are manned in accordance with the minimum safe manning
set by the Administration that seafarer’s licenses and special qualifications are valid and that seafarers are
sufficiently rested to limit fatigue.
The Company will ensure that there are adequate seafarers for food preparation and medical care on board
the ship.
The Company will ensure that through the shipboard table of working arrangements, the minimum safe
manning requirements are being implemented.
The Company has established this procedure for monitoring the process of maintaining adequate levels in
accordance with the specific Flag requirements mentioned above, by taking into account the operating
conditions of the ship.
In addition, the Flag State requirements related to food, catering and drinking water have been integrated in
the MLC 3.2 procedure The Company ensures that the vessel’s safe manning is in line with the complement
of seafarers as reflected in the minimum safe manning certificate and where possible exceeds this
complement.
RECORDS
Minimum safe manning certificate;
Table of shipboard working arrangements (From PL 50a);
Record of Hours of rest of seafarers (Form PL 50);
Health and Hygiene Inspection checklist (Form MLC-2);
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ACCOMMODATION, RECREATIONAL FACILITIES, FOOD AND CATERING
The Company has established this procedure for the monitoring access to and integration of current Flag
State applicable regulations into its MS concerning accommodation, recreational facilities, food, potable
water and catering as well as the maintenance of such procedures, the inspections of accommodations and
the care and use of recreational facilities, as stated hereunder. Through these procedures Company will
ensure that ships are provided with decent accommodations and recreational facilities for seafarers working
or living on board, or both, and maintained consistent with promoting the seafarers’ health and well-being.
The requirements of this Executive Decree which relate to ship construction and equipment apply only to
ships constructed on or after the date of the coming into effect of the Convention on Maritime Labour, 2006.
For ships constructed before that date, the requirements relating to ship construction and equipment
are set out in the Accommodation of Crews Convention (Revised), 1949 (No. 92).
The Company conducts surveys of ambient factors such as lighting, heating, and ventilation as per technical
inspections and dry docks conducted on board in line with Company’s PMS.
The Company has developed procedures in its MS concerning hazard program on board vessels which
includes hazardous material used on board as well as other safety and health hazards. In this respect, the
Company also monitors for implementation the specific Flag requirements concerning sleeping rooms,
offices, mess rooms, provision store rooms, sanitary accommodations (including approved devices for
mosquito protection where needed) and hospital accommodation as well as all ship services provided to
seafarers on board Company vessels. This includes the care and use of recreational facilities by the seafarers,
laundry services, which are inspected by the ship’s
Master and monitored during internal audits, conducted as per Company’s Management System
requirements. The Flag Administration may, as and when necessary, prescribe by Marine Notices standards
appropriate to the provision of health and safety protection and accident prevention, in light of the specific
needs, customs and habits of the crew.
For existing ships the requirements relating to ship construction and equipment that are set out in the
Accommodation of Crews Convention (Revised), 1949 (No. 92), will continue to apply to the extent that
they were applicable, prior to that date, under the law or practice of the Member concerned. A ship will be
deemed to have been constructed on the date when its keel is laid or when it is at a similar stage of
construction.
1. There are separate sleeping rooms provided for women and men.
2. As far as practicable, the Company will arrange sleeping rooms of seafarers so that watches are
separated and seafarers working during the day do not share a sleeping room with watch keepers.
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c. Ventilation
1. All sleeping rooms and mess rooms will be adequately ventilated, ensuring a sufficiency of
air movement in all climatic conditions.
2. For ships trading regularly to mosquito-infected ports, appropriate devices will be provided for
protection against mosquitoes.
d. Heating
1. The heating system will maintain the temperature in the accommodation at a satisfactory level under
normal conditions of weather and climate likely to be met within the trade in which the ship is
engaged.
e. Lighting
1. The accommodation including sleeping rooms and mess rooms will be sufficiently lighted, such that
a person with normal vision can read a standard newspaper.
1. The accommodation and recreational and catering facilities may meet the requirements in this
Convention on health and safety protection and accident prevention, with respect to preventing the
risk of exposure to hazardous levels of noise and vibration and other ambient factors and chemicals
on board ships, and to provide an acceptable occupational and on-board living environment for
seafarers.
2. The limits for noise and vibration levels in working and living spaces may be in conformity with the
current editions of the ILO code of practice entitled ‘Ambient factors in the workplace, 2001”, the
IMO “Code on Noise Levels on Board Ships” and internationally recognized standards for noise
and vibration levels. Both of these codes will be carried on board and will be accessible to
seafarers.
3. Seafarers will be instructed in the dangers to hearing and health of prolonged exposure to high levels
of noise and vibration.
4. Approved hearing protection equipment will be provided to seafarers where necessary.
g. Sanitary facilities
1. All seafarers have convenient access on the ship to sanitary facilities meeting the minimum standards
of health and hygiene and reasonable standards of comfort.
2. Separate sanitary facilities are provided for men and women.
3. Each wash place are provided with hot and cold running potable.
h. . Laundry facilities
i. Hospital accommodation
1. The hospital accommodation will be used exclusively for medical purposes.
2. The sanitary accommodation, where provided, will be for the exclusive use of the occupants.
j. Recreational facilities
1. Appropriate seafarers’ recreational facilities, amenities and services, as adapted to meet the special
needs of seafarers who must work and live on ships, will be provided on board for the benefit of
all seafarers.
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2. The Company will give consideration to include the following facilities at no cost to the seafarer,
where practicable: television and radio reception facilities together with electronic equipment such as
a television, radio, video recorders, DVD players and personal computers; a stock of films sufficient
for the voyage; and a suitably stocked library. A book case/shelf as a library facility is accepted by
the Administration.
3. Recreational facilities provided will satisfy the requirements on health and safety protection and
accident prevention as described in MLC 4.
k. Communication arrangements
1. The Company will give consideration for seafarers to have reasonable access to ship-to-shore
telephone communication, email and internet facilities, where available, with any charges for the use
of these services being reasonable in amount and;
2. To be able to send and receive mail reliably and expeditiously from and to the vessel.
1. All Seafarers will be provided with clean bedding and mess utensils supplied by the Company for
use by the seafarers on board during service on the ship.
2. The bedding provided will be of a good quality and the mess utensils made of approved materials
which can be easily cleaned.
3. Towels, soap and toilet paper will be provided for all seafarers by the Company.
RECORDS
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3.2 FOOD, POTABLE WATER AND CATERING
The Company has established this procedure for monitoring, implementation and integration in its MS the
current Flag State requirements concerning food and catering, drinking water requirements, relevant
inspections and competency / training requirements, particularly for those seafarers assigned as cooks on
board Company vessels.
The Company in this respect conducts internal audits of its management system where the Flag requirements
mentioned hereunder are monitored for implementation on board. For any findings raised during internal
audits corrective actions and follow up are implemented so as the root cause of such findings can be
eliminated.
Procedures related to the competency and training of seafarers assigned as cooks on board or to work in the
catering department are already included in the MLC 1.3 procedures and are in addition monitored for
implementation during the recruitment process by the private recruitment service provider.
Company will ensure that seafarers who are engaged as ships’ cooks are trained, qualified and found
competent for the position in accordance with requirements set out in the laws and regulations of the Flag
Administration. The above requirements are include the completion of a training course approved or
recognized by the Administration, which covers practical cookery, food and personal hygiene, food storage,
stock control, environmental protection and catering health and safety.
Company will ensure that ships have a supply of free of charge, drinking water and food of suitable quality,
variety, nutritional value and quantity, that adequately cover Seafarers’ needs and take into consideration the
different cultural and religious backgrounds, as well as the length and nature of the voyage. The organization
and equipment of the ships catering must allow for Seafarers to be provided with adequate, varied, nutritious
foods that are prepared and served under hygienic conditions.
a. Food
a) Seafarers will be provided with adequate quantities of food and potable water on board taking due
regard of the number of seafarers on board, their religious requirements and cultural practices as they
pertain to food, and the duration and nature of the voyage.
b) The quality of such food and potable water on board will be suitable and the food shall be within the
expiry dates.
c) The food on board will be of adequate nutritional value and variety.
d) The organization and equipment of the catering department will be capable of providing the seafarers
on board with varied and nutritious meals prepared and served in hygienic conditions.
e) Seafarers will not be charged for their food during the period of engagement.
f) catering staff will be properly trained or instructed for their positions (Form MLC-08).
g) seafarers who are engaged as ship’s cooks are 18 years of age or older, trained, qualified and found
competent for the position.
A. The catering equipment and facilities including food preparation area, galley, and store rooms will be
maintained in a hygienic condition.
B. The galley will be provided with adequate natural or artificial lighting and an acceptable ambient
temperature.
C. The drainage in the galley will be clear to prevent accumulation of water.
D. The galley will be provided with an adequate supply of hot and cold running potable.
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c. Food storage arrangements
1. Ships are fitted with a sufficient number of temperature controlled food storage and handling rooms
for the number of persons on board and the duration of the voyage.
2. The temperature of the deep freezers will be maintained below –12oC for storage up to one month.
Longer storage periods require a temperature of –18oC or below. The temperature of
3. chill cabinets, cold store rooms and refrigerators should not exceed +5oC.
4. Cold store room doors including the deep freezers will be operable from inside.
5. The food including meat, fish, milk and milk products, vegetables, fruit and dry provisions shall
6. be safely and hygienically stored on the shelves with respect to stock rotation, segregation
and spillages.
1. Any accommodation facility that may result in a seafarer ingesting the water intentionally
or otherwise will be supplied with potable water.
2. The potable water storage tanks will be cleaned and disinfected at intervals not exceeding one year,
or more frequently, if potable water test results indicate contamination.
3. Hot potable water should be delivered at the taps at or above +50oC and cold potable water at less
than +25oC where practicable depending on ambient temperatures.
4. Potable water loading hoses will be flushed prior to each use and disinfected at least once at intervals
of not more than six (6) months. The hoses should be capped and stored correctly (if applicable).
5. Testing potable water is not mandatory by St Vincent & Grenadines, but it is recommended. Potable
water may be tested in accordance with WHO guidelines for drinking water quality at least once at
intervals of not more than six (6) months (if applicable).Additionally, some coastal states require it.
Prior to bunkering potable water at any port, a water quality report should be made
available.Testing potable water may also address any potential complaints from seafarers on water
quality on board.Guidance on cleaning potable water tanks can be found in the WHO ‘International
Medical Guide for Ships’ and WHO ‘Guide to Ship Sanitation.
6. Up to now there are no specific guidelines in the MLC 2006 regarding the quality of drinking water.
The convention just refers to the water as good for drinking. St Vincent & Grenadines has neither
implemented nor announced any additional requirements on this matter. One also needs to take into
consideration that one will not find facilities to carry out advance sample test of the water in all the
ports. The receipt issued by the port facility is evidence that the vessel received a supply of drinking
water. It is recommended periodical voluntary sample test of drinking waters be made in order to
have records/evidence on board. The only guideline that refers to the quality of the drinking water
with more detail is the “Handbook for Inspection of Ships and Issuance of Ship Sanitation
Certificates.” Nevertheless, the Master and Ship Operators must be aware of new regulations
published and/or implemented by specific Port Authorities in order to take the necessary measures to
avoid any inconvenience.
7. Taking into consideration that not in all ports Master will find facilities to carry out advance sample
tests of the water, one of the evidence that the vessel received supply of Drinking water is the receipt
issued by the port facility. Periodical voluntary sample test of drinking waters to have
records/evidence on board will be maintained. Guideline mentions about quality of drinking water is
the issuance of ship sanitation certificates. Master and Company must be aware about new
regulations published and/or implemented by specific Port Authorities in order to take the necessary
measures to avoid any inconvenience.
e. Hygiene
1. Adequate facilities are provided for washing and drying hands and cooking utensils.
2. Food waste will be disposed in accordance with MARPOL Annex V.
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f. Documented inspections by the Master
1. Inspections at intervals of not more than one week, will be carried on board ships, by or under the
authority of the Master with respect to:
2. supplies of food and potable water;
3. all spaces and equipment used for the storage and handling of food and potable water; and
4. Galley and other equipment for the preparation and service of meals.
All hygiene precautions should be taken in crew accommodation and lavatories, in galley spaces,
refrigerator rooms, dry storerooms, etc. in order to ensure that international standards of hygiene are
maintained on a monthly basis. All spaces shall be inspected every week, as per relevant form by the
Master, the Safety Officer and the Bosun to verify maintenance of housekeeping and hygiene. The results of
the inspections will be recorded on board and available for review. The date and results of each such
inspection shall be recorded in the Master’s official logbook . g. Retention period of records of the
following will be maintained and available for review:
1. training of ship’s cook and other catering staff: at least 1 year; Form MLC-08
2. disinfection of potable water loading hoses and test reports of potable water, when
available/applicable; at least 3 years; and
3. Forms PL-71a and MLC 12 as described in these procedures ;at least 1 year .
4. Fresh water tank inspection and treatment ; at least 3 years
5. Daily temperature readings of cold storage (Form MLC-13); at least 1 year
RECORDS
1. Crew lists;
2. Payment receipts for stores and fresh provisions;
3. Drinking water quality tests and inspections, if applicable;
4. On board Menus;
5. Payroll records to determine the food costs are not being charged to seafarers ;
6. Inventory records of food and drinking water;
7. Health and Hygiene inspection records (Form MLC-12);
8. Cooks and other catering staff Training records (Form MLC-08);
9. Garbage management plan and record book;
10. Cook certification or equivalent ;
11. Accommodation inspection checklist (Form PL-71a);
12. Daily temperature readings of cold storage (Form MLC-13);
13. Health and Hygiene notices poster (Appendix 1)
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APPENDIX 1 : HEALTH AND HYGIENE NOTICES POSTER
SAFETY FIRST
Keep Always The Vessel Clean.
Use Always Personal Protective Equipment
Don’t Try To Lift More Weights Than You Are Able.
Don’t Throw Garbage Overboard.
All Generated Garbage Must Be Properly Separated. Read Company’s Garbage Management
Manual. Ask Your Senior Officers.
Fire Doors Must Be Always Closed Properly.
Do Not Smoke On Bed.
Do Not Use Ship’s Elevator In Case Of A Fire.
No Watch Is Allowed To Persons Having Used Alcohol Within The Last Four Hours.
None Of The Officers Or Crew Can Make Use Of Alcohol On Board Or Ashore During Their
Period Of Employment. Restricted Use Of Alcohol May Be Done As Provided By The
Company’s Policy Under Master’s Directions. The Same Directions Also Apply To Visitors
/Passengers.
No Private Spirits Are Allowed On Board.
The Operators Of This Vessel Will Co-Operate Fully With Public Authorities In The
Criminal Prosecution Of Anyone Using Or Possessing Illegal Drugs Or Drug Paraphernalia
Aboard This Vessel.
Safety And Success At Sea = Knowledge, Programming, Cooperation, Inspection,
Maintenance, Precaution.
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HEALTH PROTECTION, MEDICAL CARE,WELFARE AND SOCIAL SECURITY
PROTECTION
The Company has developed this procedure for monitoring, implementing and integrating the specific Flag
requirements concerning medical care on board its ships and ashore. In particular, the procedure addresses
as per Flag requirements, implementation of the following aspects:
1. medical care for seafarers on board and in port, medical evaluation, medical reports, medical
certificates, training programs with regard to seafarers’ health care
2. monitoring and maintenance of access to and integration of current Flag requirements and other
applicable regulations with regard to seafarers’ health care
3. assisting ship’s in distress, seafarers repatriation and death of a seafarer
4. communication with ship’s agents, medical care for seafarers in port, medical treatment and services
and for their dependents
5. medical supplies and equipment
6. Personal protective equipment, respiratory protection and handling hazardous materials.
Company will provide coverage by means of an insurance policy that guarantees health protection as well as
rapid and adequate medical care to Seafarers while working on board. The insurance policy coverage will be
for the whole duration of the Seafarers’ employment agreement.
The protection and medical care provided in the preceding will be offered without any cost to Seafarers.
The Company has designated the Master for being the person in charge of medical care and administering
medicine on board and one Deck Officer to assist him competent to provide medical first aid.
All aspects concerning medical care are monitored by the ship’s Master on board and verified for
compliance during shipboard internal audits as per Company’s SMS requirements. The process includes
inspection and maintenance of medical supplies and equipment.
Furthermore, as per Flag requirements stated hereunder it is Company’s responsibility to ensure compliance
with the following aspects:
a. Seafarers working on board ships have prompt access to the necessary medicine, medical
equipment and facilities for diagnosis and treatment, and to medical and occupational health
protection information and expertise, which is generally comparable to that provided to
workers ashore.
b. Seafarers are given the right to visit a qualified medical doctor or dentist without delay
in ports of call, where practicable.
c. Health protection and medical care, including essential dental care, will be provided free
of charge to seafarers while the seafarer is on board ship or landed in a foreign port.
d. The Company will adopt programs of a preventive character such as health promotion
and health education on board the ships.
e. Assisted by the ship’s doctor or crew members assigned to basic medical duties, the ship’s
Master shall complete the Ship Master’s Report Form (Form MLC-09) for each medical case
managed on board that is the result of a seafarer being injured or ill for 72 hours or more in
duration, or requires medical advice or assistance from a medical facility or practitioner
ashore. This form shall be filed in the ship’s medical log (Form MLC-10) with the Seafarer
Injury and Illness Medical Record (Form MLC-14).
f. The Ship Master’s Report (Form MLC-09) shall be kept by the Company for a period of two
(2) years.
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g. The Seafarer Injury and Illness Medical Record shall be kept by the Company for a period of
two (2) years.
h. All vessels will provide commercially available first aid kits for their engine room and galley
i. All vessels will maintain a medical log for recording all medical treatment on-board and
onshore.
j. All vessels will carry a medicine chest and medical equipment that complies with the
requirements in the current edition of the WHO ‘International Medical Guide for Ships’, as
Appendix 1 and bearing in mind the number of persons on board and the nature and duration
of the voyage.
k. The medicines i. & medical equipment will be inspected at intervals, not exceeding 12
months, by the designated medical officer on board or a pharmacist, who will ensure that the
labeling, expiry dates and conditions of storage of all medicines and directions for their use
are checked and all equipment functioning as required. Where physical attendance on board
is not feasible, the Master shall: Ensure that the medicines and supplies packaging are not
damaged and the medical equipment is usable and free from damage. Provide to the entity
conducting the inspection the updated medicine list required in paragraph below. Provide
information to the entity conducting the inspection whether the ship falls into WHO Category
A and whether the medicine chest is stocked in accordance with the recommendations
contained in Appendix 1 and/of WHO or with other guidance. In either case, the
recommendations/guidance on which the medicine chest is based shall be identified and
forwarded to the entity conducting the inspection. Confirm with the entity conducting the
inspection the number of persons allowed on board by the safety equipment certificate.
Inform the entity conducting the inspection of whether the vessel carries dangerous
good/chemicals.
l. At least one (1)j. seafarer on board is in charge of medical care and administering
medicine as part of their regular duties or at least (1) one seafarer on board competent to
provide medical first aid; such persons shall have completed the relevant training required
by the STCW 1978, as amended.
m. All ships will k. carry on board the current edition of the WHO publication ‘International
Medical Guide for Ships’ and for those ships carrying dangerous cargoes, in addition will
carry the ‘Medical First Aid Guide’ for use in accidents involving dangerous
cargoes(MFAG). Medicines and equipment already available in the IMGS list may be
counted toward the MFAG numerical requirement, if appropriate. They should be stored and
registered together with the regular medicines and medical supplies carried on board.
n. Ships carrying l. dangerous goods not listed in the IMDG Code, will carry ‘Material Safety
Data Sheets’ available for these cargoes.
o. All ships will carry a complete and up-to-date list of radio stations through which medical
advice can be obtained; and, If equipped with a system of satellite communication, carry an
up-to-date and complete list of coast earth stations through which medical advice can be
obtained. Such publications shall include, but not be limited to: the current editions of the
ITU publication ‘List VI - List of radio determination and special service stations’; the
‘Admiralty List of Radio Signals Vol.1; and the ‘International Code of Signals’.
p. The seafarer’s responsible n. for medical care or first aid care will be instructed in the use of
the current editions of the International Medical Guide, the International Code of Signals and
the radio/satellite communication system.
q. Where a cargo which is classified as dangerous has not been included in the most recent
edition of MFAG, the necessary information on the nature of the substances, the risks
involved, the necessary personal protective devices, the relevant medical procedures and
specific antidotes should be made available to the seafarers via the ships safety and
health policy.
r. A list of medicines and medical supplies will be maintained on board all vessels. The list will
be regularly updated and contain for each item the expiry date, storage conditions, quantities
remaining after purchase or use and disposal information. The medicine chest shall be
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inventoried no less than once a year. All items contained in the medicine chest should have
an expiration date and should be re-supplied as necessary by the expiry date.
s. Company will bear the costs for seafarers working on her ships in respect of health, medical
protection, medical care, sickness and injury of the seafarers occurring between the date
commencing duty and the date upon which they are deemed duly repatriated, or arising from
their employment between those dates.
t. All vessels r. will utilize the tables contained in Appendix 1 (CATEGORY A) as guidance in
establishing the contents of their medicine chest. The types, amounts and quantities indicated
by these tables are expected to vary based on the vessel route, operation and the number of
persons on board. The contents of the medicine chest will be established by the Company in
consultation with a qualified medical practitioner or pharmacist.
u. Vessels carrying 15 or more seafarers and engaged in a voyage of more than three (3) days’
duration will provide separate hospital accommodation to be used exclusively for medical
purposes and that will, in all weathers, be easy of access, provide comfortable housing for the
occupants and be conducive to their receiving prompt and proper attention.
v. All ships will t. carry a medical chest containing:
w. A register of controlled drugs (Form MLC-11) will be maintained by the Master. Controlled
drugs must be entered into the controlled drugs register on reception by the vessel. The
information logged will include the type, quantity, supplier name and date received. The
following shall also be recorded in the Controlled Drugs Register: the doses given, including
the name of the person ordering the dose, the name of the person giving it and the name of
the person receiving it; date and time when a dose is lost or spoiled (e.g., broken ampoule,
drug prepared, but not injected, etc.);
The WHO International Health Regulations (2005) (IHR (2005)) provide a code of procedures and practices
for preventing the trans boundary spread of infectious disease. Article 37 of the regulations require, in
general, a Master of a ship arriving from a foreign port to provide a State that is a Party to IHR (2005) with a
Maritime Declaration of Health (MDH) prior to arrival in port. The MDH contains a series of health-related
questions, including those addressing illness, death and sanitary measures on board, to which a Master must
attest.
A model MDH is included in Appendix 2 for use by vessels that call on ports where a MDH is required.
RECORDS
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12. International Code of Signals;
13. Ship’s Medical Guide by WHO/IMO;
14. IAMSAR Manual (Volumes I-III);
15. Medical log (Form MLC-10);
16. Company’s PMS maintenance records;
17. Garbage management plan and Garbage records book;
18. Crew Lists;
19. Medicines inventory (Form Cr 13);
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Appendix 1 – Inventory Guidelines for Medicines and Medical Supplies for Ships without a Doctor On
Board
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Model Declaration of Health
APPENDIX 2
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The following publications, forms and charts must be carried on board each vessel
International Medical Guide For Ships (Imgs) (Hard Copy Of Most Recent Edition): 1
Quantification Addendum, International Medical Guide For Ships, 3rd Edition, World Health
1
Organization, 2010
Medical First Aid Guide For Use In Accidents Involving Dangerous Goods (Mfag) (Hard
1
Copy Of Most Recent Edition; Carry If Transporting Dangerous Goods)
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The Company has established this procedure for monitoring, implementing and integrating in its
management system the current Flag requirements concerning its liability for the medical treatment of the
seafarers it employs.
A. Company will be liable to bear the costs for seafarers working on their ships in respect of:
illnesses or accidents of all Seafarers employed in their vessel occurred between the date of initiating
service and the date considered as the date when Seafarers have been duly repatriated, or that derive
from the employment carried out between those dates.
Company will provide insurance coverage in order to guarantee the payment of an indemnity in the
event of death or long-term disability of Seafarers, as a result of a work accident, illness or
occupational risk.
Company will bear, directly or through an insurance, the expenses for medical care, including any
medical treatment, surgery, hospitalization, necessary medicines and therapeutic devices, as well as
accommodation and food away from home until recuperation of ill or injured Seafarers, or until the
permanent nature of the illness or disability has been proven.
Company will bear all funeral costs in the event of death onboard or ashore during the employment
period.
Company’s liability with regards to medical care expenses, hospitalization, accommodation and food
will extend for sixteen (16) weeks as of the date on which the injury took place or the start of the
illness. When the illness or injury incapacitates a Crewmember for work, the Company must pay the
totality of the wage while the ill or injured Seafarer is onboard, or until recovery, if occurred first.
Benefits may be excluded from this payment. The seafarers’ employment agreement or any
applicable collective agreement will contain the information on the Company’s liability to bear the
costs in respect of sickness and injury.
B. The Company will provide evidence of financial security to assure compensation in the event of the
death or long-term disability of seafarers due to an occupational injury, illness or hazard. The
seafarers’ employment agreement or any applicable collective agreement will contain the
information on the Company’s liability to provide such compensation. c. The Company will be liable
to defray the expense of medical care, including medical treatment and the supply of necessary
medicines and therapeutic appliances and board and lodging away from home, until the sick or
injured seafarer has recovered or there is a declaration of permanent incapacity. Regulations limit the
liability of the Company to defray the expense of medical care and board and lodging to a period
which will not be less than 16 weeks, from the day of the injury or the commencement of the
sickness. However, this does not prohibit the seafarers’ employment agreement or any applicable
collective agreement from limiting the Company’s liability to more favorable conditions for the
seafarers than those provided for above.
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Company will take all necessary measures to protect the belongings left onboard by the ill, injured or
deceased Crewmember.
4.3 HEALTH AND SAFETY PROTECTION AND ACCIDENT PREVENTION
1. General:
The Company has established this procedure for monitoring, implementing and integrating in its
management system the current Flag requirements concerning health and safety protection and accident
prevention for its seafarers. In particular, the Company already maintains and implements through its
management system procedures and instructions regarding:
a. Lifesaving and fire-fighting equipment, risk assessment, permit to work system, competency
requirements for seafarers, behavioral based safety, personal protection equipment and
seafarer on board familiarization process.
b. Monitoring and maintenance of safety meetings, management of change, job descriptions and
competency requirements.
c. Incident reporting and statistics, including corrective and preventive actions, internal
auditing of the management system and document control.
The Company’s MS already contains instructions for the monitoring of asbestos handling, noise and
vibration reports, working in enclosed spaces, health and safety committee meetings, emergency response
training and drills. The Master’s responsibility and authority has also been defined in the Company’s
Management System.
Furthermore, the Company identifies in its Management System through applicable procedures acceptable
levels of exposure to workplace hazards, emergency response training and drills, seafarer on board
familiarization process, internal auditing of the management system and documents provided to seafarers
during recruitment.
The Company also maintains and implements, through the relevant Management Systems procedure,
incident investigation reports and records, concerning incidents, accidents, sickness and diseases.
It is Company’s Policy that the seafarer’s personal data are treated and processed in a protected and
confidential manner.
The Company uses appropriate notices / posters on board its ships for communicating to its shipboard
personnel potential hazards and their effects which they may have on the seafarers’ health and safety.
Procedures are already in place in the Company’s Management System for the familiarization of seafarers
with hazards on board and applicable control measures, including but not limited to, risk assessment,
personal protection equipment, etc.
The Company will report to the St Vincent & Grenadines Maritime Authority any labour accident, injury or
occupational disease adequately using the ILO standard for notification and registry of labour accident and
occupational disease.
The Company monitors the specific Flag requirements for implementation as stated hereunder.
a. The Company adopt and effectively implement and promote an occupational safety
and health policies on board their ships.
b. The Company take reasonable precautions to prevent occupational accidents, injuries and
diseases on board ship, including measures to reduce and prevent the risk of exposure to
harmful levels of noise and vibration and other ambient factors and chemicals as well as the
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risk of injury or disease that may arise from the use of equipment and machinery on board
ships.
c. The Company has provided the ship with copies of the ILO code of practice "Accident
prevention on board ship at sea and in port,” 1996 and subsequent versions and other related
ILO and international standards, guidelines, and codes of practice regarding occupational
safety and health protection.
d. Company will ensure that machinery used onboard is properly protected, and to ban the use
of machinery that lack the adequate protection devices.
e. The Company adopts, effectively implement and promote an occupational health and safety
program taking into account the ILO code of practice entitled ‘Accident prevention on board
ship at sea and in port’ for the following, but not limited to:
f. Each ship has established a safety and health committee. Safety and health committee
meetings are held at least once every month. The Safety Committee will ensure the
continuous improvement of protection an health at work, taking into consideration preventive
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measures that include the control of engineering and design, the use of the personal
protection equipment, as well as the requirements for inspecting, notifying and correcting any
unsafe conditions and investigating and notifying any work accidents onboard.
g. Record keeping . documenting the effectiveness of the health & safety program for as long
as necessary in light of their intended use.
h. The Company ensures that the issues raised by the safety committee and safety inspections
are addressed in a timely manner.
i. The occupational health and safety program above also specify:
The duties & responsibilities of the ship owner to comply with the safety and
health policy and program;
The duties & responsibilities of the master to comply with the safety and health policy
and program;
The duties & responsibilities of the master or a person designated by the master, or
both, to take specific responsibility for the implementation of and compliance with
the ship’s occupational safety and health policy and program;
The duties & responsibilities of the seafarers to comply with the safety and health
policy and program; and
The authority of the appointed or elected safety representative to participate in
meetings of the safety & health committee, to have access to all parts of the ship, to
participate in investigation of accidents, incidents and near-misses, to have access to
all necessary documentation, including investigation reports, past reports of safety &
health committee meetings.
2. Company’s Obligations
The Company has established a documented procedure to identify the types of PPE that should be used by
the seafarers and training needed in their use. Ship's Safety Officer has been assigned with the responsibility
for maintaining the equipment and to train the seafarers. Crew is required to wear appropriate gear.
Behavioral-based safety programs will be implemented to help the seafarer identify risks and implement
appropriate safeguards. Disciplinary measures may need to be invoked for seafarers that negligently fail to
use the provided PPE. The Company has provided for machinery to be properly guarded to protect the
seafarers when operating it. Likewise, the seafarer has been instructed not to operate machinery that is not
properly guarded, and cautioned against bypassing any machinery safeguards during regular operations. The
Company has taken note of Articles 7 and 11 of the Guarding of Machinery Convention. 1963 (No. 119),
and the corresponding provisions of the Guarding of Machinery Recommendation, 1963 (No. 118) for
developing guidance for seafarers in the management system.
The Company should record and collect health, safety and environmental data regarding occupational
accidents, injuries, and diseases. Trending analyses should be conducted. Statistical data collection
parameters should include the numbers, nature, causes and effects of occupational accidents and
occupational injuries and diseases. The Company will identify the affected department, type of accident, and
whether the accident occurred in port or at sea.
Company’s may wish to collect data regarding time of day, weather, person" s length of service on board,
and number of years’ experience on board ships. Root cause analysis is a vital tool in any marine
investigation for corrective action. Implemented corrective action should be followed-up for effectiveness.
When determining the corrective actions, the Company should consider the following areas as
subjects of investigation. The resulting corrective action should effectively eliminate the contributing
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factors (root causes) to the accidents throughout the fleet.
a. working environment, such as working surfaces, layout of machinery, means of
access, lighting and methods of work
b. incidence in different age groups of occupational accidents and occupational injuries and
diseases
c. special physiological or psychological problems created by the shipboard environment,
such as trading in extremely dangerous waters
d. problems arising from physical stress on board a ship, in particular as a consequence of
increased workload
e. problems arising from and effects of technical developments and their influence on
the composition of crews
f. problems arising from any human failures
The Company monitors flag State requirements and guidelines to identify measures for improving safety,
health, and environmental performance of seafarers.
The Company has developed appropriate training programs for the seafarers. The Company has established
a documented procedure which defines the maximum ambient levels and to provide for appropriate PPE, as
applicable. On-board committees should be formed to assist implementation of relevant protection
programs.
The Company has defined the roles of the seafarers in the protection and prevention programs. Flag State
and other industry organization regulations and recommendations should be monitored. Best practices are
incorporated into the Company's management system, as appropriate.
3.3 Instruction in Occupational Safety and Health Protection and the Prevention of Occupational
Accidents
The Company monitors new developments to update established training programs to meet current flag State
requirements.
The Company has provided means by which seafarers are regularly apprised of safety and health protection
and accident prevention methods and reminders. Means include educational audiovisual materials, posters,
industry publications, and focused campaigns on safety and health issues that have indicated upward trends
of frequency and consequence.
The Company has defined the roles of personnel so that reviews of available material are conducted
and corrective actions implemented as appropriate.
Nationalities, languages, and cultures of seafarers on board ship should be taken into account.
The GM has defined the roles of personnel to monitor flag State activities and verify that current codes of
practice and standards regarding safety and health are incorporated into the management system, as
applicable. The Company should ascertain if reciprocity agreements between flag States have been
established for an approved training facilities that might be used to further enhance safety and health
practices on board.
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The Company should provide training for personnel regarding all identified risks as appropriate. The
Company should define the types of equipment that will be needed, including those tasks that require the use
of outside technical experts. Seafarers should be familiarized with their duties with maintenance of
equipment or structures with an obligation to ensure that only trained seafarers are allowed to handle such
tasks.
The Company will provide training during orientation and periodically so that seafarers are made aware of
issues regarding the effects of coming into contact with surfaces that are at extremely high or low
temperature.
The Company will verify that personnel are competent to operate equipment, particularly that equipment
associated with loading and unloading of cargo.
The Company will provide for applicable seafarers to receive appropriate on-the-job training in the use of
anchors, chains, lines, and ground tackle.
The Company will provide for applicable seafarers to receive appropriate on-the-job training in the use and
operation of dangerous cargo and ballast equipment.
The Company will consider providing awareness training for seafarers in assessing fatigue.
The Company will consider providing relevant information to new seafarers and to seafarers on board the
ships regarding drug and alcohol dependency. Assistance programs may also be considered.
The Company should consider providing relevant information to new seafarers and to seafarers on board the
ships regarding HIV/AIDS. Assistance programs may also be considered.
Safety of Equipment
The Company will verify that guards are maintained on equipment and that competent personnel operate and
maintain the equipment.
The Company has defined the type of personal protective equipment (PPE) that is required, maintenance
requirements for this equipment, and training of personnel that are to use the equipment. Regarding
respiratory protection, designated personnel should be fit tested.
3.6 Surveys
The Company has considered conducting noise surveys, augmented with awareness training, a hearing
protection program, and signage.
The Company has considered full asbestos abatements whenever possible. Asbestos surveys should be
conducted periodically.
The Company has considered lighting, ventilation and heating factors as they affect the seafarer. Included in
the consideration for ventilation, the effects of exposure to tobacco smoke in the accommodations should be
addressed.
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3.7 Committees
The Company has established on-board safety committees as per SMM. Issues that are identified should be
promptly addressed. The authority of the seafarers elected as safety representatives should be defined.
Master of each vessel should appoint – from amongst the crew a suitable person and a committee
responsible for accident prevention, and such person or committee should in addition to any other duties
assigned by the Master ensure that any conditions aboard the vessel not in substantial compliance with the
applicable provisions of the accident prevention code including the ILO Code of practice entitled “Accident
prevention on board ship at sea and in port” or codes currently approved by the Flag Administration are
brought to the prompt attention of the Master.
Station bills and emergency response teams have been established, including a program of training and
drills.
The Company has put in place emergency plans and programs which are referred in SMSM. Emergency
response programs are at both ship and shore locations.
The Company has addressed working within enclosed spaces as per SMM. The Company has included
requirements for assessing the risk of a task, checking for oxygen content, explosive limits, and toxic vapors.
Rescue plans have been developed. Appropriate test equipment have been provided and calibrated in
accordance with manufacturer's instructions before use. Personnel will be appropriately trained in
monitoring work and effecting rescue of personnel within the enclosed space who are injured or overcome.
The Company will monitor changes in the laws, regulations, and new developments, as applicable, to reduce
health and safety risks on the ships. Lifting gear inspections and waste handling procedures are means of
reducing risks to safety and the environment. Physical occupational health effects, including manual
handling of loads, noise and vibration, the chemical and biological occupational health effects, the mental
occupational health effects, the physical and mental health effects of fatigue, and occupational accidents
should be addressed within the risk assessments.
The Company has provided seafarers with information regarding potential hazards aboard ships. This
information may be obtained from the flag States; international bodies such as IMO. ILO and WHO; and
industry organizations such as ICS and ISF. The information may be provided by posting, official notices,
posters, memoranda, etc.
The Company will conduct risk assessment of working and living conditions on board ships. Statistics
provided by flag States and other sources should be considered for risk assessment and developing
mitigation measures including training.
The Company will conduct awareness training for adverse effects of high noise levels. The Company should
attempt to reduce the effects of exposure to excessive noise on the hearing, health and comfort of seafarers
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and the measures to be prescribed or recommended to reduce shipboard noise to protect seafarers. Noise
reduction can be achieved during the design phase of new ships.
The Company has established a hearing protection program incorporating awareness training regarding the
effects of exposure to high noise levels and the use of personal protective equipment (PPE) to mitigate the
exposure.
The Company will identify approved types of PPE that best suit the needs of the seafarers in the workplace.
Safety catalogues could be established.
The Company will consider providing appropriate levels of insulation and noise reduction materials on the
ship. Risk assessments will be conducted prior to work in high-noise areas in order to mitigate risks in the
most effective manner.
The Company should consider implementing a program of safety posters and topics in safety meetings to
discuss vibration issues. Vibration studies should be conducted and corrective action implemented as
applicable. Vibration reduction within the accommodations, recreational, and catering facilities should be
emphasized.
The Company should consider maintaining the ILO publication “Ambient Factors in the Workplace”, 2001
in the Company and ships libraries. The Company should provide information on the effects of prolonged
exposure to vibration. Approved PPE should be obtained as necessary.
RECORDS
Copies of relevant publications related to health and safety protection, both on the ship and in the
Company’s office (Form PL 13);
Training records (Form Cr 17, Cr 18, Cr 19);
Risk assessment records;
Permit to work records; (Forms OPS 01,OPS 02,OPS 03,OPS 04)
Corrective/preventive action records(non-conformities reports ; (Form OFF 12)
Audit records; (Form OFF 04)
PPE maintenance records (SA 01);
Statistical records;
Trending analyses;
Incident investigation reports;
Follow-up activities to determine effectiveness of corrective and preventive actions;
Membership Committee minutes;
Work list items (status of completion);
Reviews of flag State requirements;
Safety and health video libraries;
Posted signs in relevant languages;
Time sheets;
Payroll records;
Operations and Maintenance Manual for asbestos, if applicable;
Safety committee meeting minutes; (Form Cr 20)
Survey reports;
Noise survey reports, if applicable;
Vibration survey reports, if applicable;
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All Time
SAFETY HELMETS
WORK PLATFORMS
LEATHER / CLOTH
EAR DEFENDERS
ISOLATE / CHECK
HEAT RESISTANT
SAFETY SHOES /
WARNING SIGNS
RUBBER GLOVES
FLOTATION AID
DRAIN / VENT
DARK VISORS
SAFETY LINE
PVC GLOVES
DUST MASK
OVERALLS
/GOOGLES
GOGGLES
HARNESS
GLOVES
GLOVES
VISORS
BOOTS
Extra Care
As required
MOORING OPERATIONS
WIRE HANDLING
ANCHORING OPERATIONS
CARGO OPERATIONS
CRANE OPERATIONS
OUTSIDE DECKS
LIFEBOATS
WORK OVERSIDE
ENGINEROOM SPACES
ACCOMODATION AREAS
DESCALING
PAINTING
CLEANING EQMT
ELECTRICAL
HYDRAULIC
PRESSURE
STEAM
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The ports of the Republic of St Vincent & Grenadines, both state-run and privately-run, shall provide easy
access to shore-based welfare, cultural entertainment and information facilities and services to Seafarers on
vessels docked thereat, regardless of the Flag State of the vessel wherein they work, are employed or hired.
These facilities and services must be at the disposal of all Seafarers, without distinction of nationality, race,
color, sex, religion, political beliefs or social background, and regardless of the Flag State of the vessel
wherein they work, are employed or hired.
The ports of the Republic of St Vincent & Grenadines, both state-run and privately-run must provide
Seafarers with regular and efficient transportation services from the side of the vessel to the Port Terminal’s
Security Control Post and vice-versa. Once Seafarers are outside the perimeters of the port terminal, they
may use any transportation means they choose.
The General Directorate of Ports and Auxiliary Maritime Industries of the St Vincent & Grenadines
Maritime Authority shall have the power to determine the port terminals that, given their size and/or
operational conditions, must comply with this service.
The ports of the Republic of St Vincent & Grenadines, both state-run and privately-run, in compliance with
what is provided in the ISPS Code, must allow access to the representatives of duly certified Welfare
Commissions to all port installations. Representatives of the Welfare Commissions must coordinate in
advance with Port Terminals.
The ports of the Republic of St Vincent & Grenadines, both state-run and privately-run can deny access to
port installations to any person who cannot prove his/her identity and confirm the purpose of his/her visit
when requested.
Representatives of Welfare Commissions must comply with all security rules and procedures as required by
the Port Installation Protection Plan (PIPP).
The ports of the Republic of St Vincent & Grenadines, both state-run and privately-run may cancel any
access permits to the representatives of Welfare Commissions that have taken part in any documented
incident that constitutes a threat to safety, pursuant to what is established in the Port Installation Protection
Plan (PIPP).
The Competent Authority shall ensure that port installations to which the PIPP Code and all resulting port
safety rules apply, comply with them, therefore they shall be subject to annual evaluations in order to
guarantee their proper compliance.
The Republic of St Vincent & Grenadines, together with Company and Seafarers, shall promote the
development of welfare facilities in the appropriate ports of the country. The Competent Authority shall
establish which ports are appropriate. Support for the development of welfare facilities may come from
public grants, taxes or other special contributions stemming from maritime groups, voluntary contributions
from Company, Seafarers or their organizations and voluntary contributions from other sources.
The Company has established this procedure to monitor and integrate current Flag requirements in its MS
concerning the subject matter. In this respect, the Company monitors for implementation the applicable
requirements regarding seafarer compensation, seafarer benefits, payroll deductions and seafarer complaints
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as per Flag requirements and applicable terms of the Collective Bargaining Agreement incorporated in the
Seafarer’s Employment Agreement.
Specifically, the Flag requirements integrated in this procedure concerning the seafarer’s social security are
as follows.
The Republic of St Vincent & Grenadines will provide all Seafarers who reside regularly in its territory and
the persons under their care, access to protection in matters of social security, pursuant to the national laws
and regulations in force.
Protection in matters of social security established in MLC 4.5 are additional to the protection provided
pursuant to MLC 4.1 and MLC 4.3 of this Title.
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The Company has established this procedure in order to ensure that each ship has on-board ,approved by the
St Vincent & Grenadines Maritime Authority, procedures for the fair ,effective, well-documented and
expeditious/speedy handling of seafarer complaints alleging breaches/violations of the provisions of this
Executive Decree, including all seafarers’ rights.
This procedure was established for the monitoring the specific Flag Requirements for the handling of
complaints, internal ship inspections of its system in line with such Flag Requirements. During the internal
MLC inspections on board , the Company monitors as regards raised findings the effectiveness of corrective
and preventive actions required and tracks the closure of findings up to completion. Equally, registered
complaints are handled in the same manner , by the Company’s MLC Designated Representative as well as
appropriate personnel on board and ashore.
An on-board procedure for the fair, effective and expeditious handling of seafarer complaints alleging
Breaches/violations of the requirements of MLC and the provisions of the Executive Degree, including all
seafarers’ rights is in effect by using Form MLC-05 for on-board complaint handling procedure.
The procedure shall seek to resolve complaints at the lowest level possible. However, in all cases, seafarers
shall have the right to complain directly to the Master and, if necessary, to the competent alien authorities,
understanding as these, the Port or Flag State Control surveyors.
Seafarers will have the right to be accompanied or represented during the complaints procedure as well as to
be protected against the possibility of harassment of seafarers for filing complaints. The term “harassment”
covers any adverse action taken by any person with respect to a seafarer for lodging a complaint which is
not manifestly abusive or maliciously made.
In addition to receiving a signed original of their seafarers’ employment agreement, each seafarer will also
receive a copy of the on-board complaint procedures applicable on the ship.
The On-Board Complaints procedure, approved by the St Vincent & Grenadines Maritime Authority,
includes the competent authority contact information in the flag State and the seafarers’ country of
residence, if different from the State, as well as the name of one or more persons on board the ship who can,
on a confidential basis, provide seafarers with impartial advice on their complaints and also assistance
regarding the procedure for the processing of complaints available on board the ship.
All consults related to Title 5 of the MLC, 2006, on the Compliance and Enforcement of the Application are
the competence of the Directorate General of Merchant Marine, and must be directed to the following email
accounts:
Point of Contact of the General Directorate of Merchant Marine:
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Crew Manager is nominated as the MLC designated Representative ashore who can, on a confidential
basis, provide seafarers with impartial advice on their complaint and otherwise assist them in following the
complaint procedures available to them on board the ship. Full contact details are provided in the on board
complaint procedure - Form MLC-05.
A copy of the complaint together with the action and decision taken on it shall be provided to the seafarer
concerned.
The complaint processing procedure on board, approved by the Competent Authority, subject to the
provisions of a collective agreement with a broader scope of application, will be the following:
a. In accordance with St Vincent & Grenadines Rules, the process of complaints begins when
seafarers first refer to the head of the department of the seafarer lodging the complaint or to
the seafarer’s superior officer.
b. The head of department or superior officer should then attempt to resolve the matter within
prescribed time limits and terms on board the ship, according to the seriousness of the
issues put forward. This term shall not be longer than five (5) days.
c. If the head of department or superior officer cannot resolve the complaint to the satisfaction
of the seafarer, the latter may refer it to the Master, who should handle the matter
personally.
d. Seafarers will at all times have the right to be accompanied and represented by another
seafarer of their choice on board the ship in question while processing the complaint, as
well as to protection against any possible harassment.
e. Every complaint and the decision made about it will be recorded on board, and copies will be
provided to all interested Seafarers. The vessel must keep on board a record book for
complaints, were all of these as well as the decisions made related to the same, should be
recorded. Also a copy of this will be provided to the seafarer.
f. If a complaint cannot be resolved on board, the matter should be referred ashore to the
Company, who will have a period of eight (8) days, to resolve the matter, in consultation
with the concerned seafarer or any person they may appoint as their representative
g. In all cases, Seafarers have the right to submit their complaints directly to the master and
the Company, as well as to the competent authorities, being understood as such the flag
state inspectors, port state inspectors ,representatives of the Technical Office of St. Vincent
in a foreign country, who shall submit the complaint to the Competent Authority in a
foreign country or directly to the offices of the General Directorate of Seafarers.
h. If within the period of eight (8) days, the complaint on board has not been resolved, the
period shall be extended for twenty two (22) more additional days, with the sole purpose to
find a favorable solution, which shall be recorded on the registries of the ship and be
available to the competent authorities.
i. Complaints submitted by Seafarers and decisions taken about them must be attached to the
ship’s Crew List.
Any kind of harassment against seafarers filing complaints is banned/prohibited. All acts of harassment will
be penalized pursuant to provisions of national laws. The no compliance with the aforementioned is subject
to the penalizations described on Chapter X, of Law No. 57 of August 6th, 2008 of the General
Directorate of Merchant Marine of the St Vincent & Grenadines Maritime Authority.
Seafarers may resort to procedures for the handling of complaints on board to submit claims related to any
matter that is alleged to constitute a violation of the provisions of the MLC.
Provisions contained in this chapter will not be to the detriment of Seafarers’ rights to claim repatriation
through the legal means deemed appropriate.
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2. ILO MLC INSPECTION PROCEDURE
Ongoing compliance onboard will be verified by internal Maritime Labor inspection which should be
conducted by the Superintendents or Auditors at intervals not exceeding 12 months to ensure ongoing
compliance and continuous improvement.
Company’s inspection will be carried out by MLC personnel whose competency and selection shall be
verified by Crew Manager.
Personnel carrying out the inspections should be independent of the areas being inspected unless this is
impracticable due to the size and the nature of the Company.
Records of MLC inspection checklist shall be kept for 5 years onboard and sent to office for review and
handling in cases of any relevant deficiency identified.
RECORDS
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