In order to be prepared for the external MLC-2006 audit an Internal Audit with respect of MLC-2006 requirements is carried out on board of the vessel.
Also after certification by the external auditor and issuing of the MLC-2006 certificate is compliance with the MLC-2006 requirements important.
Non-compliance with the requirements of the ILO Maritime Labour Convention (MLC-2006) is becoming an increasingly common reason for Port State Control (PSC) to detain a vessel on this grounds in addition to defective or missing equipment or records, which have been identified as reasons for detention for some time.
Prior to the start of this inspection ensure that a copy of the crew list, certificate of accommodation, declaration of maritime labor compliance part 1 certificate, declaration of maritime labor compliance part 2 certificate, the most recent inspection carried out by the recognized organization, minimum safe manning certificate, officer and crew certificates and seaman's books, sample seafarer's employment agreement (SEA), collective bargaining agreements (CBAs), last safety committee meeting minutes, the log book / log entries for the Master's weekly public area inspections and safety/Hess inspections results, weekly health and sanitation inspections and results, certification of the crew cooks, certification and training matrix, on board OHS training and familiarization records, shipboard complaint log, position descriptions of Safety Officer and, sample job hazard analysis and risk assessments, DMLC Part 2 company policy document, are all available to the inspector.
1.). DMLC Part I
2.) DMLC Part II incl. Endorsement for Review against DMLC I
3.) Continuous Synopsis Record
4.) Safe Manning Document
5.) Document of compliance (Safety Management)
6.) Recruitment and Placement Services - Certificates
7.) Crew list (Copy for Inspection and filing LR)
8.) Seaman books & Endorsements
9.) Medical Certificates of each seafarer on board (add certificate for hearing and colour vision if applicable)
10.) Seafarers Employment Agreement and if applicable respective Collective Bargaining Agreements
11.) Shipboard working arrangement
12.) Hours of Work and Rest for each seafarer on board
13.) Record of Overtime worked for each seafarer on board
14.) Familiarisation and Training Records for each seafarer on board
15.) Wage Accounts/ Payslips of each seafarer on board
16.) Log book, Oil Record Book
17.) Inspection Record of Supplies of Food and Drinking Water,
18.) Inspection Records of Accommodation, Galley and Provision Stores
19.) Risk Assessment
20.) Safety Committee Meeting Reports and follow Ups
21.) Incident Reporting System
22.) Medical Chest Inspection Reports / Certificate
23.) Complaint Procedure
24.) Copy of MLC 2006
Is a Maritime Labor Certificate on board?
Is a original Declaration of Maritime Labour Compliance Part I on board?
Is the original Declaration of Maritime Labour Compliance Part II on board?
Are two copies of the most recent inspection carried out by the recognized organization on board? One copy should be located with the master and the other be posted in a pubic area accessible by all seafarers.
Is the folder 50 (MLC-2006 Documentation) on board and up to date? ( same data inside as in in GLSM Documentation MLC-2006?)
Is employment of any seafarer under the age of 18 prohibited?
Is the age of seafarers confirmed upon boarding through photo ID?
Does the Human Resources Department contractually require manning agencies and placement services to not hire seafarers under the age of 18?
Documentary evidence is available to indicate that the private seafarer recruitment and placement service (SRPS) or agency contracted by the operator to engage the crew members is operated in accordance with the MLC 2006
Are valid medical certificates on board for each seafarer?
Are they issued by an appropriately qualified medical practitioner?
Are they valid for a period not exceeding the Flag State requirements or two years, whichever is the shortest?
Are they in English and in a format acceptable to the Flag State? Certificates issued in accordance with the requirements of STCW shall be accepted.
Do they provide details of hearing, sight, and color where appropriate for the seafarer?
(Have a validity period for colour vision not exceeding the flag state's requirements or six (6) years, whichever is shortest)
Do they include a statement to say that the seafarer is fit for duty?
Medical certificate expiry dates tracked on board?
No seafarers without valid medical certificate allowed to work on board?
In case of change medical condition is the seafarer's certificate validation reviewed?
Are valid training and competency certificates available for all seafarers in accordance with stcw regulations and specific Flag State requirements?
Confirmation of their competency or that they are otherwise qualified to perform their duties in accordance with the flag state’s requirements.
Training and certification in accordance with Standards of Training, Certification and Watchkeeping (STCW), as amended, or the flag state's specific requirements are accepted as meeting these requirements
Are records of personal safety training kept on board?
Is the crew management or similar system used to do so?
Is the seafarers' employment agreement (SEA) signed by the seafarer and the shipowner, or his authorized representative?
Does the seafarer have an original copy of the SEA?
Are copies of the SEA and Collective Bargaining Agreements (CBAs) available on board? (If applicable)
Dutch flag vessels:
-CBA The Dutch Amosup agreement ( Philipino seafarers)
-CBA Association of Employers in the Merchant Shipping up to 9000GT ( Dutch seafarers)
-CBA NEMEA ( non EU-Officers)
-CBA KPI agreement (Indonesian seafarers)
Foreign flag vessels
-CBA IBF agreement ( non EU Officers and EU(non Dutch) seafarers
-CBA POEA agreement ( Philipino seafarers)
-CBA KPI agreement ( Indonesian seafarers)
Are English translations of the SEA and CBAs available on board?
Employment agreements presented for review prior to boarding?
Are copies of employment agreements for seafarers onboard available?
Does the SEA include the items listed in reg 2.1, standard A2.1.4?( And any other particulars that the flag state's law may require.)
Does the SEA include a notice for early termination of not less than 7 days?
Does the SEA include the right to terminate the contract for compensate reasons?
Is documentary evidence available to indicate that the private seafarer recruitment and placement services (SRPS) or agency contracted by the company to engage the seafarers is operated in accordance with MLC 2006?
Are copies of the Crewing Agencies Certificates on board?
-Associated Shio Managment Services Inc. , Philippines.
-Hartmann Crew Consultants Sp. zo.o., Poland.
-M.O.D.I.N UKRCAJ d.o.o., Croatia.
-Trans W, Russia.
Is a copy of the manning agreement on board?
Are the shipboard working arrangements for all seafarers posted in an accessible place or places?
(Feederlines Form 2039)
Are accurate records of hours of work and rest available for all seafarers, and signed by the Master/his designee and the seafarers?
Normal working hours are based on eight (8) hours per day, with a minimum one (1) day of rest per week and rest on public holidays.
Do the maximum work hours not exceed 14 hours in any 24 hour period and weekly not 72 hours? N.A. Feederlines is working with rest hours.
Are the minimum rest hours at least 10 hours in any 24 hour period and 77 hours in any 7 day period?
Is the daily rest period divided in two periods, one of which is at least 6 hours duration?
Are non compliances tracked and followed up on by the Master?
Are muster and drills held at times to minimize the disturbance to rest periods and not induce fatigue?
Are safety drills and training recorded as work hours?
Muster and LSA/FFA drills are held at times to minimise disturbance to rest periods and not induce fatigue?
Is compensatory rest for call outs during normal rest periods considered?
Are records of exemptions from permitted by the Flag State available?
Are arrangements in place to allow for hours of work that may be required in case of an emergency?
Do seafarers have minimum annual leave with pay based on 2.5 days per month of employment?
Do all seafarers have access to shore-based welfare facilities
Are the Flag State's provisions regarding repatriation available on board?
Are all seafarers entitled to repatriation as stated in the SEA?
Are all seafarers entitled to repatriation after a maximum 12 month period?
Are all seafarers entitled to repatriation in case of termination for justified reasons ( by the company or seafarer)?
Are all seafarers entitled to repatriation when they are not able to carry out their duties on board due to injury, illness, etc.?
Are repatriation costs, including tickets, meals, accommodation, luggage and medical expenses are covered by the shipowner except in cases of serious default of the employment terms by the seafarer?
Is a valid minimum safe manning document on board issued by the Flag State or recognized organization on their behalf?
Are all manning, training and certification requirements on the safe manning document met?
The manning level must be in accordance with the at least in accordance with the Minimum Safe Manning Certificate.
The manning level must be adequate, in terms of number and qualifications, to ensure the safety and security of the ship and its personnel under all operating conditions.
Are non-compliances properly followed up on by the Master?
Is a valid certificate of accommodation on board?
Are general arrangement plans of the vessels accommodation available and up to date?
Are records of the Master's inspection of the vessel accommodations maintained and available?
Are Accommodation spaces are clean and in a good state of repair, and fixtures and fittings are in place and in good working order?
Are mess rooms clean, hygienic and comfortable?
Do cabins have hot and cold running water?
Is bedding clean and hygienic?
Is heating and ventilation, including air-conditioning, where fitted, adequate and well maintained?
Are sanitary facilities accessible, hygienic and working correctly?
Are laundry facilities in good working order?
Is adequate natural and artificial light available?
Are noise and vibrant experienced within the accommodation within limits established by the flag state?
Are recreational facilities appropriate and in good working order, and include TVs, DVDs and recreational equipment including exercise equipment and games?
For ships with keel laying dates after August 20, 2013, are the new MLC construction requirements met? (For Feederlines N.A. on the moment )
Are on board recreational facilities adequate?
For ships with keel laying dates after August 20, 2013, are appropriate recreational facilities as per MLC 2006 Guideline B 188.8.131.52 in place?
Is the galley clean, hygienic and in a good state of repair?
Are spaces used for food storage clean, hygienic and in a good state of repair?
Are temperatures of refrigerators appropriate?
Is food of good quality and quantity and caters for a different religious beliefs among crew?
Is food provided free of charge on board the vessel?
Is drinking water of good quality and the quantity available is appropriate?
Is the crew cook over 18 years of age and holds appropriate qualifications, in accordance with the Flag State's laws and regulations?
Note: For ships with less than 10 crew no cook is required, but the crew handling food are to be trained in food hygiene
Is the crew cook certified as per Flag State Requirements?
Are all other catering staff adequately trained?
Note: All other catering staff are adequately trained (a training programme, posters, etc., may be available)
Is a good quality of food provided to all seafarers that is of an appropriate nutritious level?
Are periodic inspections of food service preparation areas conducted by the Master or person designated by the Master at least every 7 days?
Is the Master or this person accompanied by at least another crew member?
Are these inspections recorded in the ships log?
Are all applicable occupational health and safety policy, procedures and programmes in place as per the Flag State requirements?
Are the people responsible for implementing OHS policies on board clearly designated and their responsibilities clearly documented?
Are risk assessments carried out and documented?
Are accidents and incidents investigated and reported, and records available?
Are safety committee meetings held regularly and meeting minutes available?
Are all seafarers aware of their responsibilities and these clearly documented?
Is on board training and familiarization carried our and are records available?
Are safe working practices implemented?
Is Personal Protective Equipment readily available and used as appropriate for the task?
Is Personal Protective Equipment in date and are arrangements in place to obtain replacement items when required?
Are appropriate measures in place to address OHS risks associated with fatigue, drug and alcohol use, smoking, asbestos, high and low temperatures, noise and vibration, infections?
Are health and safety inspections and surveillance carried out regularly and documented?
Are OHS risks associated with sub-contractors working on board addressed? Are all sub-contractors subject to documented procedures?
Is healh protection and medical care, including essential dental care available, and free of charge to all seafars?
Do seafarers have the right to visit a qualified medical doctor or dentist without delay in ports, where practicable?
Is the ship's hospital clean and hygienic and for medical use only? It is not used as a cabin or storage place?
Are all medical equipment and supplies provided and certified in accordance with the Flag State requirements?
Are all medical publications available on board in accordance with the Flag State requirements?
Is an up-to-date list of radio contacts where medical advice can be obtained is readily available?
Are the medical log and visit reports kept up to date?
Is a standard medical report form used for both onshore and on-board medical personnel and are the completed forms kept confidential?
Social security: Is as a minimum, cover for medical care, sickness and injury benefit provided?
Is there a complaints procedure on board?
Does each seafarer have a copy of this procedure?
Is there a complaints log on board?
Are complaints handled in a timely, fair, and effective manner?
Are contact details available for the Flag State and the competent authority in seafarers country of residence?
Is an individual monthly statement of account provided to all seafarers on board, indicating their monthly wage and any authorized deductions, such as allotments?
Are wages paid in accordance with the SEA (or CBA if any)?
Do seafarers have the right to make an allotment of all or part of their earnings?
Are the charges for the allotment and exchange rates reasonable and in accordance with the Flag State requirements?
Are there no unauthorized deductions, such as payments for travel to or from the ship?
Is the used currency exchange rate not unfavorable to the seafarer?
Are wages being paid at least monthly as statement of earnings provided?
Do seafarers have the ability to receive payments in cash or electronically?