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Annex D: MIN 705 Maritime Labour Convention 2006 (MLC): implementation of the MLC 2006, amendments 2022

Published 10 December 2024

Summary

This notice outlines how to apply the required changes resulting from the 2022 amendments to the MLC, 2006, in practice.

1. Background

1.1 In 2022, the International Labour Organization’s Special Tripartite Committee on the Maritime Labour Convention agreed eight amendments to MLC standards (part A of the MLC Code).

1.2 The purpose of the MLC 2006, amendments 2022 is to promote decent living and working conditions for seafarers globally and to encourage an international level playing field for shipping as part of the UK’s implementation of the MLC. This is intended to be achieved by:

 a) bringing UK legislation into line with the minimum global standards for repatriation;

 b) fully complying with MLC standards under UK international obligations as a ratifying country; and

 c) enforcing these global minimum standards for repatriation on non-UK registered ships that call at UK ports.

1.3 The COVID-19 pandemic greatly impacted seafarers and the 2022 amendments reflect the lessons learned to seek to improve conditions for seafarers in the future.

2. The amendments to Part A of the MLC Code

2.1 Amendment to the Code relating to Regulation 1.4 – Recruitment and Placement

The current requirements

2.1.1 Standard A1.4 – Recruitment and placement, paragraph 5 states that ‘A Member adopting a system referred to in paragraph 2 of this Standard shall, in its laws and regulations or other measures, at a minimum:

[…]

(c) ensure that seafarer recruitment and placement services operating in its territory:

[…]

(vi) establish a system of protection, by way of insurance or an equivalent appropriate measure, to compensate seafarers for monetary loss that they may incur as a result of the failure of a recruitment and placement service or the relevant shipowner under the seafarers’ employment agreement to meet its obligations to them.’

The amendment to the requirements

Standard A1.4 – Recruitment and Placement, paragraph 5, point vi, shall be amended to read:

‘(vi) establish a system of protection, by way of insurance or an equivalent appropriate measure, to compensate seafarers for monetary loss that they may incur as a result of the failure of a recruitment and placement service or the relevant shipowner under the seafarers’ employment agreement to meet its obligations to them, and ensure that seafarers are informed, prior to or in the process of engagement, of their rights under that system.’

The effect of these requirements

Providing additional information regarding financial security arrangements during the contract signature stage of onboarding will help seafarers to clarify how to access compensation if the employment opportunity does not materialise.

How recruitment and placement services can meet these requirements

• Private seafarer recruitment and placement services based in the UK must inform seafarers prior to, or in the process of, engagement regarding their right to compensation for loss arising from the shipowners’ breach of their Seafarers’ Employment Agreement.

• Where the insurance policy provides a schedule of the insurance cover this should be shared with seafarers during the onboarding process.

• Details of the equivalent appropriate measures, and the process the seafarer should follow to make a claim under this protection, can also be outlined in the onboarding documentation.

• Specific wording can also be included on the Seafarers’ Employment Agreement and other documentation, including terms and conditions.

• Details of systems of protection can be included as a standard clause in recruitment and placement service companies’ complaints procedures.

Shipowners, when selecting in recruitment and placement services to supply crews, should ensure they meet these standards.

3. Amendments to the Code relating to Regulation 1 – Accommodation and recreational facilities

The current requirements

Standard A3.1, paragraph 17 states that ‘Appropriate seafarers’ recreational facilities, amenities and services, as adapted to meet the special needs of seafarers who must live and work on ships, shall be provided on board for the benefit of all seafarers, taking into account Regulation 4.3 and the associated Code provisions on health and safety protection and accident prevention.’

The amendment to the requirements

Standard A3.1, paragraph 17, shall be amended to read ‘Appropriate seafarers’ recreational facilities, amenities and services, including social connectivity, as adapted to meet the special needs of seafarers who must live and work on ships, shall be provided on board for the benefit of all seafarers, taking into account Regulation 4.3 and the associated Code provisions on health and safety protection and accident prevention.’

The effect of these requirements

Social connectivity encompasses ways of enabling seafarers to maintain contact with their families through mechanisms such as social media, email and other messaging apps. Improving social connectivity onboard is an important step towards tackling onboard isolation and loneliness for those who are away from home for long periods of time, and is intended to improve mental health onboard.

This amendment introduces a new requirement under The Merchant Shipping (Maritime Labour Convention) (Miscellaneous Amendments) Regulations 2024 for social connectivity onboard as part of the mandatory standards for crew accommodation for which non-compliance will be an offence.

How shipowners can meet these requirements

• Shipowners should provide reasonable access to ship-to-shore telephone communications, where available. Charges for the use of these services, if any, should be reasonable in amount.

• Shipowners should, so far as is reasonably practicable, provide seafarers on board their ships with Internet access with charges, if any, being reasonable in amount. Options include, but are not limited to, increasing bandwidth sufficiently to absorb the increased use of onboard internet access on seafarers’ own devices, or providing access to a Wi-Fi or broadband-enabled device in a central location, such as a mess room. The number of shared devices needs to be adequate for the number of seafarers using them, and consideration should be given to the privacy of their location.

• The social connectivity requirement covers access to communication mechanisms only, therefore providing sufficient bandwidth to download films, for example, is not required under this amendment.

• As the goal is to ensure that seafarers can keep in touch with loved ones, provision should be proportionate to the time that seafarers are away. Seafarers who are living and working away from home for extended periods of time may require more regular communications to be embedded into their routine onboard. Seafarers working on day boats are more likely to be able to communicate with their families on a regular basis, due to their pattern of work and proximity to shore.

• It is recognised that social connectivity may not be guaranteed at all times due to factors that are external to the operation of the ship, such as lack of satellite coverage.

4. Amendments to the Code relating to Regulation 3.2 – Food and catering

The current requirements

Standard A3.2, paragraph 2a, states that ‘each Member shall ensure that ships that fly its flag meet the following minimum standards:

• food and drinking water supplies, having regard to 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, shall be suitable in respect of quantity, nutritional value, quality and variety’.

Standard A3.2b also states that ‘(b) the organization and equipment of the catering department shall be such as to permit the provision to the seafarers of adequate, varied and nutritious meals prepared and served in hygienic conditions’.

The amendment to the requirements

Standard A3.2a, paragraph 2 will be amended to state that ‘each Member shall ensure that ships that fly its flag meet the following minimum standards:

(a) food and drinking water supplies, having regard to 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, shall be suitable in respect of quantity, nutritional value, quality and variety, and shall be provided free of charge during the period of engagement’.

(b) the organization and equipment of the catering department shall be such as to permit the provision to the seafarers of adequate, varied, balanced and nutritious meals prepared and served in hygienic conditions

The effect of these requirements

This amendment recognises that the ship is both a seafarer’s place of work and rest. Due to the isolated nature of the workplace opportunities to supplement catering are minimal. Therefore, it is key to ensure that water is available for free onboard, and that sufficient quantities are available to allow seafarers to remain hydrated while they are both on and off duty onboard. Similarly, the clarification that meals should be balanced ensures that seafarers are able to maintain a healthy diet for the duration of their time onboard, without the need to supplement their diet from outside the vessel. Sufficient water intake, and a healthy diet, are important factors in fatigue management.

How shipowners can meet these requirements

• Shipowners must ensure that seafarers onboard their vessels have food and water provided to them free of charge, and that the food that is available to them is nutritionally balanced.

• Shipowners may consult guidance that can be found in MSN 1845 Amendment 1, Annex 1, regarding what constitutes a balanced diet.

• Shipowners can provide educational information in mess rooms regarding the mental and physical benefits of staying hydrated to encourage seafarers to do so.

5. Amendments to the Code relating to Regulation 4.1 – Medical care on board ship and ashore

The current requirements - this is a new requirement.

The amendment to the requirements

New paragraphs will be added to Standard A4.1 to state that:

‘Each Member shall ensure prompt disembarkation of seafarers in need of immediate medical care from ships in its territory and access to medical facilities ashore for the provision of appropriate treatment.

Where a seafarer has died during a ship’s voyage, the Member in whose territory the death has occurred or, where the death has occurred on the high seas, into whose territorial waters the ship next enters, shall facilitate the repatriation of the body or ashes by the shipowner, in accordance with the wishes of the seafarer or their next of kin, as appropriate.’

The effect of these requirements

This amendment is designed to ensure that seafarers who are in need of immediate medical care are able to be taken to shore at the first possible instance and provided with access to medical care. Port States will also need to be made ready to receive casualties at short notice.

It will also ensure that seafarers’ wishes regarding the handling of their body or ashes in the case of their death are met.

How shipowners can meet these requirements

• Seafarers should be considered to be in need of immediate medical care in cases of, but not limited to:

(a) any serious injury or disease

(b) any injury or disease which might lead to temporary or permanent disability

(c) any communicable disease which poses a risk of transmission to other members of the crew

(d) any injury involving broken bones, severe bleeding, broken or inflamed teeth or severe burns

(e) severe pain which cannot be managed on board ship, taking account of the operational pattern of the ship, the availability of suitable analgesics and the health impacts of taking these for an extended period

(f) suicide risk, and

(g) a tele-medical advisory service recommending treatment ashore

• Shipowners can consult the Telemedical Advice Service for guidance on how to manage a medical emergency at sea while enroute to onshore medical attention. The officially designated providers are at Queen Alexandra Hospital, Portsmouth, and at Aberdeen Royal Infirmary. More information can be found in MGN 623 (M+F) - Telemedical Advice Service (TMAS) for Ships at Sea.

• Shipowners can help to enable a prompt shoreside response by communicating with the Port State at the earliest opportunity regarding the status of the casualty and port that they are destined for.

• Shipowners should ensure that seafarers are not prevented from disembarking for public health reasons, and that they are able to replenish ships’ stores, fuel, water, food and supplies. Where public health issues present a risk to those going ashore, a risk assessment should be undertaken based on the disembarkation location. Recognising that risk cannot be eliminated, a balance must be struck between the detriment to seafarers’ wellbeing of withholding or restricting shore leave and the risk of infection. Shipowners should always consult with crews and the safety committee on the measures proposed in accordance with health and safety regulations and provide information on the risk assessment and the safety measures agreed.

6. Amendment to the Code relating to Regulation 4.3 – Health and safety protection and accident prevention

The current requirements

The laws and regulations and other measures to be adopted in accordance with Regulation 4.3, paragraph 3, shall include the following subjects:

(a) the adoption and effective implementation and promotion of occupational safety and health policies and programs on ships that fly the Member’s flag, including risk evaluation as well as training and instruction of seafarers;

(b) 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 ambient factors and chemicals as well as the risk of injury or disease that may arise from the use of equipment and machinery on board ships;

The amendment to the requirements

6.2.1 Standard A4.3 shall be amended to read: ‘The laws and regulations and other measures to be adopted in accordance with Regulation 4.3, paragraph 3, shall include the following subjects:

(a) the adoption and effective implementation and promotion of occupational safety and health policies and programs on ships that fly the Member’s flag, including risk evaluation as well as training and instruction of seafarers;

(b) reasonable precautions to prevent occupational accidents, injuries and diseases on board ship, including through the provision of all necessary ‘appropriately-sized personal protective equipment’ and measures to reduce and prevent the risk of exposure to harmful levels of ambient factors and chemicals, as well as the risk of injury or disease that may arise from the use of equipment and machinery on board ships’

The effect of these requirements

6.3.1 Access to appropriately-sized personal protective equipment (PPE) will help to ensure a safer working environment and may contribute to widening job opportunities to a broader spectrum of possible candidates who seek employment in the maritime industry, including women.

How shipowners can meet these requirements

• Shipowners must ensure that due consideration is given to provide, store and maintain a suitable amount of PPE in different sizes to fit different body frames.

• Expanding the range of PPE providers to include those with a wider range of sizes and styles would help to achieve this.

7. More information

Seafarer Safety and Health Branch

Maritime and Coastguard Agency

Bay 2/17

Spring Place

105 Commercial Road

Southampton

SO15 1EG

Telephone: +44 (0) 7880 278066

Email: [email protected]

Website: www.gov.uk/mca

Please note that all addresses and telephone numbers are correct at time of publishing.