The Maritime Labour Convention, 2006

(MLC, 2006)

The Republic of the Marshall Islands’ Approach

18 April 2012 | Bergen, Norway

Presented by: Elizabeth S. Bouchard

Deputy Commissioner of Maritime Affairs

Office of the Maritime Administrator, Republic of the Marshall Islands

REPUBLIC OF THE MARSHALL ISLANDS REGISTRY

The Republic of the Marshall Islands

(RMI) Registry is the world’s third

largest ship registry, reaching nearly

81 million gross tons and more than

2,630 vessels at the end of March

2012

Vessel types include oil tankers,

LNG/gas carriers, bulk carriers,

container ships, mobile offshore

drilling units, passenger vessels and

yachts, among others

OFFICER CERTIFICATES BY NATIONALITY

As of 31 March 2012

Each Member State has the responsibility to fully implement the

Convention once ratified

Ratification is an ongoing commitment to a Member State’s ships

and seafarers

Responsibilities of the Member State for implementation are

significant

Member State’s processes for implementation are different

Implementation is normally multi-faceted

MLC, 2006 - IMPLEMENTATION

Ratification RMI ratified 25 September 2007

Gap Analysis of Laws Propose Amendments to Laws Nitijela

(Parliament) Amended MI-107

Gap Analysis of Regulations Regulations Amended by Maritime

Administrator Amended MI-108

Draft and Promulgate Marine Notices (mandatory) and Marine

Guidelines (non-mandatory)

MLC, 2006 – IMPLEMENTATION

REPUBLIC OF THE MARSHALL ISLANDS EXAMPLE

Go to:

www.register-iri.com

> Maritime Services

> MLC, 2006

RMI REGULATION

AND GUIDANCE

MLC, 2006 – IMPLEMENTATION

A Member State must:

Establish an effective system for the inspection of maritime labour

conditions

Put in place agreements with its Recognized Organizations

(RO)

Institute a training program for its nautical inspectors

Make certain National standards are understood and interpreted

properly by shipowners, ROs, nautical inspectors and port

State control

Publish an annual report on inspection activities

MLC, 2006 – IMPLEMENTATION

A Member State also must:

Establish an effective system for certification of maritime labour

conditions:

DMLC, Part I: Issued by the registry (the flag State /

Member State)

DMLC, Part II: Developed by the shipowner / operator

to show compliance with DMLC, Part I

DMLC: DMLC, Part I and Part II together; must be

attached to the Maritime Labour Certificate for validity

Maritime Labour Certificate: Issued by the RO on

behalf of the flag State; must be carried aboard the ship

to show compliance

MLC, 2006 –IMPLEMENTATION

MLC, 2006 VOLUNTARY CERTIFICATION AND

INSPECTION PROGRAM

Issued 235 DMLC, Part I

63 ships with Statements of

Compliance (SOCs); other

ships scheduled for inspections

Continue to refine Marshall

Islands requirements

Providing compliance

assistance; ROs and

owners/operators

RMI has implemented the MLC, 2006 to the greatest extent possible

without:

The Convention coming into force

Going through tripartite consultations

MLC, 2006 – IMPLEMENTATION

RMI TRIPARTITE ADVISORY COMMITTEE

MLC, 2006 VOLUNTARY CERTIFICATION AND

INSPECTION PROGRAM – HEALTH ISSUES

Q: How will a shipowner confirm that a medical practitioner has

been duly qualified by the competent authority (Std A1.2.4)?

A: Approval is to be granted by the competent authority of the Member

in which the practitioner is located.

Q: What happens to all the existing engineers on board who are color

blind since they need to identify the color of various alarms (red,

yellow or green) (Std A1.2.6)?

A: There is no international requirement, therefore, if there is satisfactory

performance of assigned shipboard duties, then there should be no

question regarding fitness for duty.

Color coding is not the only means for identification of alarms, valves,

controls, etc.

See ILO / IMO Guidelines on the Medical Examination of Seafarers

(Appendix A)

MLC, 2006 VOLUNTARY CERTIFICATION AND

INSPECTION PROGRAM – HEALTH ISSUES (continued)

Q: How many berths are required in the hospital?

A: The number of hospital berths required are to be prescribed by the

Administrator or an organization authorized to act on its behalf

(See MN 7-044-1). However, the rule of thumb is:

1 berth for each ship carrying a crew of 15 or more persons

and engaged in a voyage of more than 3 days

1 additional berth for every 50 or fraction of 50 members of

crew or special personnel

Not more than 6 berths

MLC, 2006 VOLUNTARY CERTIFICATION AND

INSPECTION PROGRAM – HEALTH ISSUES (continued)

RMI POLICIES

Q: Will the new “ILO-IMO International Guidelines for Medical

Examination of Seafarers” lead to a change in the recognition

of medical certificates?

A: No. The Maritime Administrator currently recognizes medical

examiners approved by competent authorities of States that are party

to the MLC, 2006, Medical Examination (Seafarers) Convention

1946 (ILO No. 73), or an STCW White Listed country.

Q: Will there be changes in approval and quality assurance

of medical examiners

A: No. The Maritime Administrator does not credential medical

examiners.

RMI POLICIES (continued)

Q: Are preventive occupational health services in the maritime industry

planned?

A: We cannot answer this on an industry-wide basis. At the national level, the

Maritime Administrator requires companies to address occupational health

and safety issues aboard their vessels. Some examples include:

MI-108 §7.43.1: Seafarers must be provided with occupational health

protection and live, work and train on board vessels in a safe and hygienic

environment.

MG-2-11-3: Guidelines in the Basic Elements of a Shipboard Health and

Safety Program

MN 2-011-13: International Safety Management (ISM) Code

MN-7-041-1: Entering Enclosed Spaces Aboard Ships - Safety Precautions

MN 7-049-1: Hazardous Work and Consideration of Health and Safety Issues

for Seafarers Under the Age of 18

RMI POLICIES (continued)

Q: Will the flag State adopt MLC, 2006’s definition of a ship

owner?

A: Yes. The Maritime Administrator has already done so and it has

not presented any problems thus far. The key is to ask the

question, “Who is the entity with operational control?”

RMI POLICIES (continued)

Q: How will the term “seafarer” be defined (offshore, support

vessels, passenger vessels)?

A: The term is defined per MLC, 2006.

Deviations from this definition shall be decided through tripartite

consultations, noting however, that MI-107,§ 820 requires all

seafarers to sign articles of agreement and that certain persons

who are not regularly assigned to perform shipboard safety and

pollution duties are not considered part of the ship’s crew

See, for example, MI-108§§ 1.12.16 and 7.46.2(c)

RMI POLICIES (continued)

Q: Will you delegate certification and control to ROs?

A: Yes, we already do. Amending the RO Agreements to include

MLC, 2006 inspections was one of the first steps taken by the

Maritime Administrator in the implementation process.

RMI POLICIES (continued)

Q: Will the flag State give precise instructions on how to comply with

the 14 certification points, or will it be up to the shipowners to

come up with the proposals.

A: The Administrator has published:

DMLC, Part I, which contains all requirements pertaining to the

14 certification points; and

A total of 11 Marine Notices and Marine Guidelines that provide

information on how to comply

Each shipowner/company is different, and therefore, compliance must be

on an individual basis in a manner that conforms to a company’s own

policies and procedures.

RMI POLICIES (continued)

Q: Will the flag State accept that P&I coverage is sufficient for

compliance, recognizing P& I system limitations (Std. A 4.2)?

A: This situation is likely to change when the MLC, 2006 enters into

force. Once there is a product on the market for full coverage under the

MLC, 2006, the Administrator will recommend that it is acquired by

shipowners as a safeguard.

In the interval, MI-108 § 7.52.2 allows the Maritime Administrator to

require additional financial security (beyond that currently required for

repatriation and unemployment compensation). Shipowners

participating in the Voluntary Inspection and Compliance program are

reviewed on a case-by-case basis.

RMI POLICIES (continued)

THANK YOU

www.register-iri.com