MLC-002 - Minimum Requirements For Seafarers To Work On A Ship Under The Maritime Labour Convention (MLC), 2006

TO: ALL SHIPOWNERS, OPERATORS, MASTERS AND OFFICERS OF MERCHANT SHIPS AND AUTHORIZED CLASSIFICATION SOCIETIES

SUBJECT: Minimum requirements for seafarers to work on a ship under the Maritime Labour Convention (MLC), 2006

Reference: (a) Maritime Labour Convention (MLC), 2006, as amended (b) Liberian Maritime Law (RLM-107) Articles: 325, 326.

(c) Liberian Maritime Regulations (RLM 108) Regulations: 10.293, 10.296, 10.325, 10.326, 10.327 (d) Requirements for Merchant Marine Personnel (RLM 118 including Annexes)

(e) Liberian Marine Notices: MLC-001, MLC-003, MLC-004, MLC-005, MLC-006, INS-001, INT-001, ISM-001, MAN-001, SEA-001, SEA-004, SEA-003, SEA-005

Supersedes: Marine Notice MLC-002, dated 07/20

The following changes have been included:

a. Added a new paragraph 1.4.4

PURPOSE:

This notice sets forth the Administration’s minimum requirements for seafarers to work on a ship under the Maritime Labour Convention (MLC), 2006, having due regard to protection of human rights, safety of life, ship and cargo and protection of the environment.

APPLICABILITY:

This notice applies to any person who is employed or engaged or works in any capacity on board ships to which MLC, 2006 applies, except as provided otherwise in Marine Notice MLC-001. 1. REQUIREMENTS

These requirements are supplemental to DMLC-I, the Maritime Law (RLM-107), Maritime Regulations (RLM- 108) and Marine Notices contained in the Combined Publication Folder (RLM-300).

1.1 Minimum age

of 4

Inquiries concerning the subject of this Notice should be directed to the Office of the Deputy Commissioner, Republic of

Liberia, the Liberian International Ship & Corporate Registry, 22980 Indian Creek Drive., Suite 200, Dulles, VA 20166,

USA. The most current version of all Marine Notices are available in the Online Library at: http://www.liscr.com

1.1.1 No person below the minimum age of 16 years shall be employed or engaged or work on a ship. A ships cook shall not be less than 18 years old.

1.1.2 No seafarer under the age of 18 years shall work at night, except:

1. when the seafarer is engaged in a training programme established by the shipowner and accepted by the Administration; or
2. when the Administration has determined after consultation with the shipowners’ and seafarers’ organizations, that the work performed due to its specific nature or under a recognized training programme is not detrimental to their health and well-being.

1.1.3 Night is defined as a period of at least nine (9) consecutive hours starting at 2100 (9:00 p.m.) and ending no earlier than 0600 (6 a.m.).

Where seafarers under the age of 18 years are engaged at night, the beginning and end of this period shall be determined by the shipowner.

1.1.4 No seafarer under the age of 18 years shall be engaged or employed in any hazardous work, which is likely to jeopardize their health and safety (refer MLC-005/3.3.4 for determination of hazardous work).

Medical Certificate

1.2.1 Every seafarer shall, prior to beginning work on a 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.

1.2.2 A medical certificate solely concerning eyesight shall be issued by a person recognized by the competent authority at the place of examination, as qualified to issue such a certificate.

1.2.3 The Administration has determined, after consultation with the shipowners’ and seafarers’ organizations, that the medical examination shall be conducted and certificate issued in accordance with the current joint ILO/IMO Guidelines on the medical examination of seafarers.

1.2.4 The Medical certificates issued in accordance with the requirements of STCW 1978, as amended will be accepted.

1.2.5 Medical certificates shall state in particular that the seafarer concerned:

1. has satisfactory hearing and sight, as well as colour vision where the nature of the work to be performed requires it;
2. is medically fit to perform the duties they are to carry out; and
3. 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.

1.2.6 All medical certificates shall be issued in English for ships engaged in

international voyages and shall be valid for a maximum period of two years, except that for seafarers under the age of 18 years, the maximum period of validity shall be one year and certificates of color vision shall be valid for a maximum period of six years.

1.2.7 In urgent cases, the Administration may issue a dispensation to a seafarer joining a ship, to work without a valid medical certificate until the next port of call where a medical certificate can be obtained provided that: a) such a dispensation shall not exceed three months; and

b) the seafarer concerned is in possession of a medical certificate that has expired within the last ninety days.

1.2.8 If the period of validity of a medical certificate expires in the course of a voyage, the certificate shall continue in force until the next port of call where the seafarer can obtain a medical certificate from a qualified medical practitioner, provided that the period shall not exceed three months.

Training and qualifications of seafarers

1.3.1 Every seafarer serving on board a Liberian registered ship, shall be required to possess a Liberian ‘Seafarers Identification and Record Book’ (SIRB) in accordance with RLM-118.

1.3.2 Seafarers shall not work on a ship unless they are trained or certified as competent or otherwise qualified to perform their duties.

1.3.3 Seafarers shall 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 Code.

1.3.4 All Seafarers covered under STCW 1978, as amended, including those in positions listed in the minimum safe manning certificate shall be trained and certified as competent, in accordance with STCW and shall possess appropriate and valid Liberian certification and any additional special qualifications equivalent to the duties they are required to undertake on the ship.

Recruitment and placement of seafarers

1.4.1 Seafarer recruitment and placement services (“SRPS”) located in a country or territory that is not party to MLC, 2006, shall be audited and certified by the Administration in order to provide SRPS services to a shipowner operating a Liberian flagged vessel.

When scheduling an audit using the services of a Liberian Maritime Labour Inspector, the shipowners’ representative with MLC responsibilities should complete form 201 “Audit and Inspection Application form” and submit it to the Audit department at LISCR.

1.4.2 Where a private SRPS located in a country which has ratified the Convention, is used by a shipowner to supply seafarers to a Liberian registered ship, such a SRPS shall operate only in conformity with a standardized system of licensing or certification or other form of regulation, issued by the competent authority in that country.

1.4.3 A private SRPS shall not charge seafarers any fee for recruitment or placement or for providing employment to them, other than the cost of the seafarer obtaining a national statutory medical certificate, the national seafarer’s book and a passport. The cost of obtaining any visas for the purpose of employment on board shall be borne by the shipowner.

1.4.4 Seafarers, prior to or in the process of engagement, shall be informed about their rights under the seafarers’ recruitment and placement services’ system of protection, to compensate seafarers for monetary loss that they may incur as a result of the failure of the recruitment and placement service or the relevant shipowner under the seafarers’ employment agreement to meet its obligations to them,

* * * * *