Inspection of labour conditions on board ship: Guide-lines for procedure

Transcription

1 Inspection of labour conditions on board ship: Guide-lines for procedure International Labour Office Geneva

2 Copyright International Labour Organization 1990 First published 1990 Second impression 1997 Publications of the International Labour Office enjoy copyright under Protocol 2 of the Universal Copyright Convention. Nevertheless, short excerpts from them may be reproduced without authorization, on condition that the source is indicated. For rights of reproduction or translation, application should be made to the Publications Bureau (Rights and Permissions), International Labour Office, CH-1211 Geneva 22, Switzerland. The International Labour Office welcomes such applications. Libraries, institutions and other users registered in the United Kingdom with the Copyright Licensing Agency, 90 Tottenham Court Road, London W1P9HE (Fax: ), in the United States with the Copyright Clearance Center, 222 Rosewood Drive, Danvers, MA (Fax: ), or in other countries with associated Reproduction Rights Organizations, may make photocopies in accordance with the licences issued to them for this purpose. ILO Inspection of labour conditions on board ship: Guide-lines for procedure. An ILO code of practice. Geneva, International Labour Office, 1990 /Guide/, /Labour inspection/, /Merchant marine/, /Seafarer/s ISBN Also published in French: Inspection des conditions de travail à bord des navires: Directives concernant les procédures applicables (ISBN ), Geneva, 1990 and in Spanish: Inspección de las condiciones de trabajos a bordo de buques: Directrices sobre procedimientos (ISBN ), Geneva, 1996 ILO Cataloguing in Publication Data The designations employed in ILO publications, which are in conformity with United Nations practice, and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the International Labour Office concerning the legal status of any country, area or territory or of its authorities, or concerning the delimitation of its frontiers. The responsibility for opinions expressed in signed articles, studies and other contributions rests solely with their authors, and publication does not constitute an endorsement by the International Labour Office of the opinions expressed in them. Reference to names of firms and commercial products and processes does not imply their endorsement by the International Labour Office, and any failure to mention a particular firm, commercial product or process is not a sign of disapproval. ILO publications can be obtained through major booksellers or ILO local offices in many countries, or direct from ILO Publications, International Labour Office, CH-1211 Geneva 22, Switzerland. Catalogues or lists of new publications are available free of charge from the above address. Printed in Switzerland

3 Contents Introduction 1 Recommended procedures for the inspection of ships 7 Guide-lines for ship inspectors 13 Minimum age 17 Medical examination 19 Articles of agreement 23 Vocational training 25 Officers' certificates of competency 27 Food and catering 30 Crew accommodation 32 Hours of work and manning 40 Prevention of occupational accidents 42 Sickness or injury benefits 51 Repatriation 56 Freedom of association, protection of the right to organise and collective bargaining 59 Annexes I. Substantive provisions of the Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147) 65 II. Substantive provisions of the Labour Inspection (Seamen) Recommendation, 1926 (No. 28) 70 V

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5 Introduction Accidents involving merchant ships resulting in the loss of both human life and valuable ships as well as damage to the marine environment are a fact of modern times. This development can be traced in part to the consistent growth of sea-borne commerce, a parallel growth in the size of the world's merchant fleet, and the evolving nature of ocean shipping and its operations in terms of the variety of ships, their management, trading patterns, cargoes and manning. Equally significant, however, are the changes which have taken place over the years in the conditions of employment for seafarers and the problem of the operation of substandard ships ships which do not fully comply with accepted international standards and regulations on safe operation and manning and on social and labour conditions on board. The non-observance of accepted international standards governing ship safety and crew conditions has been a subject of discussion within the ILO for some time. As early as the 1930s and 1940s, the Organisation drew the attention of governments, shipowners and seafarers to this problem with a view to correcting deficient practices. The Seafarers' Engagement (Foreign Vessels) Recommendation (No. 107) and the Social Conditions and Safety (Seafarers) Recommendation (No. 108), adopted in 1958, requested ILO member States to discourage their seafarers from serving on foreign flag ships under substandard conditions, in particular as regards repatriation, medical care and maintenance in foreign ports, supervision of signing on and off ships, freedom of association, certificates of competency and the provision of a ship inspection service. As part of its long-standing efforts and in response to greater international concern for safety at sea and the 1

6 Inspection of labour conditions on board ship prevention of marine pollution, the ILO adopted the Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147). This Convention is recognised as having strengthened substantially the international will to eliminate the operation of substandard ships. It aims to improve the efficiency and safety of navigation, enhance measures to protect the marine environment and advance seafarers' interests in the fields of health and safety, working conditions and trade union rights. The Convention, which essentially applies to every seagoing ship employed for any commercial purpose, entered into force in November Convention No. 147 prescribes a set of minimum standards relating to safety, social security, shipboard conditions of employment and living arrangements to be observed in merchant shipping registered under any flag, 1 by reference to a number of other ILO Conventions listed in an Appendix to Convention No These Conventions cover minimum age, medical examination, articles of agreement, officers' competency certificates, food and catering on board ship, crew accommodation, prevention of occupational accidents, sickness or injury benefits and repatriation. The Appendix also refers to two other Conventions, on freedom of association and the protection of the right to organise, and on collective bargaining. In addition, one provision of Convention No. 147 refers to standards of hours of work and manning to ensure the safety of human life aboard ships. Another requires that due attention be given to an ILO Recommendation concerning the vocational training of seafarers, so as to ensure that seafarers are properly qualified and trained for the duties for which they are engaged. The substantive obligations on States parties to Convention No. 147 are set out in Article 2, which requires that ratifying States undertake to have laws or regulations 1 The substantive provisions of the Convention are reproduced as Annex I. 2

7 Introduction laying down, for ships registered in their territory, provisions which are "substantially equivalent" to those of the Conventions or Articles of Conventions referred to in the Appendix to Convention No. 147, in so far as such States are not otherwise bound to give effect to any of the Conventions in question by virtue of having ratified them. In other words, if a State is already a party to any of the Conventions listed in the Appendix, it must apply precisely the terms of those Conventions. Convention No. 147 also requires ratifying States to exercise effective jurisdiction or control over ships which are registered in their territory as regards: (a) safety standards, including standards of competency, hours of work and manning, prescribed by national laws or regulations; (b) social security measures prescribed by national laws or regulations; and (c) shipboard conditions of employment and shipboard living arrangements prescribed by national laws or regulations, or laid down by competent courts in a manner equally binding on the shipowners and seafarers concerned. In addition, a ratifying flag State must satisfy itself that measures for the effective control of other shipboard conditions of employment and living arrangements, where it has no effective jurisdiction, are agreed between the organisations of shipowners and of seafarers concerned. Under Convention No. 147, a ratifying flag State also undertakes to ensure that adequate procedures exist for: (a) the engagement of seafarers on ships registered in its territory and for the investigation of complaints arising in that connection, and (b) for the investigation of any complaint made in connection with the engagement in its territory of seafarers of its own nationality on ships registered in a foreign country. It also undertakes to ensure that any complaint made in connection with the engagement in its territory of foreign seafarers on ships registered in a foreign country is reported to the competent authority of the country in which the ship is registered. 3

8 Inspection of labour conditions on board ship A further point under Convention No. 147 is that ratifying flag States must verify by inspection or other means that their ships comply with national laws and regulations which apply the standards prescribed by the Convention and with applicable collective agreements. Under the terms of Convention No. 147, a ratifying State may, on the basis of a complaint or evidence that a ship does not conform to the standards of the Convention, inspect any foreign ship calling at its ports, regardless of whether the flag State has ratified Convention No This represents an innovation since, prior to the adoption of Convention No. 147, international rules had been concerned almost solely with the condition of vessels in relation to the threat they might pose to safety and the external environment. That is, port States refrained from intervening in the internal affairs of ships, such as crew conditions, except for certain matters affecting safety. The adoption of Convention No. 147 in 1976 has enlarged the concerns of international shipping regulations. An inspection may be made by the port State whenever it obtains evidence that a ship does not conform to the standards of the Convention or when it receives a complaint from a member of the crew, or any other person or entity concerned with the safety of the ship and the well-being of its crew. On the basis of evidence or a complaint, the port State may prepare a report addressed to the government of the flag State, with a copy to the Director-General of the International Labour Office. In addition, the port State can take action, including detention, to rectify any conditions on board which are clearly hazardous to safety or health, even if the ship is registered in a country which has not ratified the Convention. In taking such action, the ratifying port State must notify the nearest maritime, consular or diplomatic representative of the flag State and must, if possible, have such a representative present. It must not unreasonably delay or detain the ship. The full and effective application of the standards prescribed by Convention No. 147 is a matter for the country 4

9 Introduction whose flag a ship is flying. Compliance with the standards in force depends to a large extent on surveys and inspections carried out not only before the entry into service of a ship but also during the course of its operation. Under the Convention, countries may also play their part, as port States, in ensuring the effective application of the Convention's provisions dealing with the control of foreign ships calling at their ports, and thereby discourage the operation of substandard ships. These guide-lines for procedures for the inspection of labour conditions on board ship were adopted by a tripartite ILO meeting of experts held in October They are intended to assist ship inspectors, labour inspectors and others concerned with labour and social conditions on board ship to carry out examinations or inquiries which they consider necessary in order to verify that national laws and regulations or agreements between shipowners and seafarers relating to seafarers' labour and social conditions, laid down in conformity with the provisions of Convention No. 147, are being observed by both national and foreign flag ships calling at their ports. The guide-lines should not be seen as an interpretation of the provisions of the ILO instruments to which they refer. Note Throughout this text and the relevant international labour standards quoted here, the pronoun "he" is used to refer to inspectors, seafarers, shipowners and others. This is not intended to imply that such occupations are exclusively performed by men, and the text applies equally to women in such occupations. 5

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11 Recommended procedures for the inspection of ships General Under the provisions of the Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147), the governments of ratifying States undertake to have laws, regulations and procedures to ensure that ships flying their flags respect certain minimum standards regarding shipboard conditions of employment, safety and living arrangements. At the same time, the authorities of ratifying States can make effective use of the provisions of the Convention for rectifying clearly hazardous conditions on board foreign flag ships visiting their ports. In providing the means for the inspection of ships registered in their own territory or in foreign countries, governments should take into consideration provisions of the Labour Inspection (Seamen) Recommendation, 1926 (No. 28), 1 which set out the general principles regarding the scope and organisation of inspection; the reports of the inspection authorities; and the rights, powers and duties of inspectors. These guide-lines are formulated with a view to assist in the uniform implementation of the standards covered by Convention No The guide-lines are not intended to supersede international agreements, national laws, regulations or rules relating to inspection. Convention No. 147 also provides that States which have ratified that Convention but have not ratified a particular Convention listed in the Appendix are required to ensure that their laws and regulations are "substantially equivalent" to the 1 The substantive provisions of Recommendation No. 28 are set out as Annex II. 7

12 Inspection of labour conditions on board ship provisions of the Convention in the Appendix (except in respect of shipboard conditions of employment and living arrangements in so far as these are, in the State's opinion, covered by collective agreements or laid down by competent courts in a manner equally binding on the shipowners and seafarers concerned). The term "substantially equivalent" implies that the State is committed to the goals of the Convention in question and has taken steps to ensure that they are respected in its national legislation, even though the national standards may be different in detail from the international standards. Inspections should be carried out by properly qualified persons authorised for that purpose by the government concerned and acting on its behalf. Though governments may entrust the inspection of ships to surveyors or recognised organisations, it is preferable that the inspection of ships should be performed by government inspectors. In cases where governments are unable to exercise satisfactory control over certain national ships, such as those which do not regularly call at a port of the flag State, they may appoint inspectors at foreign ports, or authorise foreign governments to act on their behalf. Foreign flag ships The inspection of foreign ships with respect to seafarers' conditions may, depending on national legislation, be performed whenever there is evidence or a complaint that such ships do not conform to the requirements of Convention No Evidence of serious deficiencies might come to light, for example, during shipboard visits for the routine examination of ships' certificates and documents under other international maritime Conventions. Complaints might be received, for example, from crew members, trade unions or any person or 8

13 Recommended procedures for inspection organisation having an interest in the safety of a ship, including the safety and health of its crew. In taking action on the basis of such evidence or complaint, the authorities of a port State should first, in consultation with the ship's master, determine the validity and seriousness of the evidence or complaint. If this initial determination justifies an inspection, the ship inspector should examine any relevant ship's documents and certificates required under national and international regulations. He should also ascertain whether any laws or regulations of the flag State apply. (If necessary, the inspector should request the assistance of the ship's master in the translation of texts in the language of the flag State.) Such documents, certificates, laws or regulations, etc., if valid, should be accepted as a basis for concluding that the conditions on board are satisfactory, unless there are clear grounds for believing that these conditions do not substantially meet the requirements of relevant national and international instruments. Such clear grounds, together with general impressions of the standard of maintenance and of crew conditions on board, should guide the inspector in determining the extent of the survey or inspection necessary. In the case of a complaint the inspector should investigate the matter and take action accordingly. The investigation of any complaint made in connection with the engagement in the territory of the port State of seafarers who are nationals of the port State on ships registered in a foreign country should, if possible, be made at the time of engagement. As regards other complaints, if there is visual evidence of a generally good standard of maintenance on board, the inspection can be confined to the reported deficiency. However, should the inspector's general impression or observations on board give him cause to believe that the ship might be substandard, he should proceed with a more detailed inspection. Should a ship's failure to meet the requirements of Convention No. 147 come to light as a result of such evidence 9

14 Inspection of labour conditions on board ship or complaint, the port State authorities may prepare a report addressed to the government of the country in which the ship is registered, with a copy to the Director-General of the International Labour Office. Where the complaint concerns the engagement in the territory of the port State of foreign seafarers on foreign flag ships, the report must be made promptly, if possible at the time of the engagement of the seafarers concerned. As regards any deficiencies which are clearly hazardous to the safety or health of seafarers, the port State authorities should ensure that the hazard is removed before the ship is allowed to proceed to sea and, for this purpose, take appropriate action, which may include detention. In this case, the port State authorities should, as soon as possible, notify the flag State through its nearest maritime, consular or diplomatic representative of the action taken and, if possible, have such a representative present. National and foreign flag ships On the basis of their professional judgement, ship inspectors should determine whether clearly hazardous conditions on board warrant detaining a ship until any deficiencies are corrected, or whether to allow it to sail with certain deficiencies which are not clearly hazardous to the safety of ships or to the safety and health of the crew. Every effort should be made to avoid any unreasonable delay or detention of a ship. Inspectors and port State authorities should weigh the importance of any deficiencies which affect safety and health on board against the circumstances of the voyage. They should ensure that any vital remedial measures to safeguard the ship or the safety or health of those on board are taken before permitting it to sail. Inspectors may decide that the correction of deficiencies not vital to the safety of the ship or health on board, which proves 10

15 Recommended procedures for inspection impossible owing to technical reasons or the ship's sailing schedule, may be postponed to the next port of call. In such cases the port authorities should inform the authorities of the next port of call, whether in the same or a different country. The failure of a foreign ship to co-operate with inspectors in the exercise of their duties, in accordance with Article 4 of Convention No. 147, by denying them access on board or by obstructing their lawful inspections should, in accordance with the national regulations of the port State, be reported to the nearest maritime, consular or diplomatic representative of the flag State. The ship may be detained until a satisfactory inspection can be made to determine whether there are any conditions on board that are clearly hazardous to safety and health. 11

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17 Guide-lines for ship inspectors The following guide-lines for the inspection of labour conditions on board ships are based on the provisions of Convention No. 147 and various other Conventions and Articles of Conventions listed in the Appendix to Convention No They are intended to guide the maritime administrations of flag States at home and abroad, as well as port state authorities and ship inspectors in general, in the inspection of national and foreign flag ships as regards the standards of safety, living arrangements and conditions of employment of seafarers, including social security, defined in Convention No Control procedures for national flag ships 1. The inspector may, in accordance with national regulations, visit a national flag ship without prior notice for the purpose of verifying compliance with national laws and regulations implementing the provisions of Convention No The inspector should ask to be shown and examine any ship's papers, documents, certificates and other documents and records relevant to national laws and regulations implementing Convention No. 147, which national legislation may require to be kept on board. 3. Where the inspector considers it necessary for the purpose of his investigation, he may question the ship's master and crew or any person who may be in a position to provide relevant information. 13

18 Inspection of labour conditions on board ship 4. The inspector, in accordance with national regulations, should respond promptly to requests for inspection or complaints lodged by a ship's master, a crew member or any person with an interest in the safety of the ship with respect to any'provision of Convention No. 147 or practices which are contrary to national legislation. 5. Where there is failure to comply with the laws and regulations that apply the provisions of Conventions or Articles in the Appendix to Convention No. 147, or with the laws and regulations that satisfy the requirement of Convention No. 147 calling for "substantially equivalent" provisions, the inspector should recommend the issuing of orders to the shipowner, ship operator or master for securing compliance with such legislation. 6. Where the safety of the ship or the safety or health of the crew are seriously endangered, the inspector should, in accordance with national regulations, take effective measures to ensure that the ship is prohibited from leaving port until measures have been taken on board to comply with national legislation. The inspector should recommend the detention of the ship only after all other means at his disposal to correct deficiencies have proved ineffective. Control procedures for foreign flag ships Each of the various subjects covered by the guide-lines for foreign flag ships set out below is introduced by a summary of the basic requirements of relevant international instruments. This is followed by remarks intended to assist the ship inspector as regards inspections and investigations of evidence or complaints of the failure to comply with the standards set by Convention No If a complaint is received from a crew member, a trade union, or any person or organisation having an interest in the 14

19 Guide-lines for ship inspectors safety of the foreign flag ship, including the health and safety of the crew, or evidence is obtained that the ship does not comply with the standards of Convention No. 147, the inspector may, by virtue of Article 4 of Convention No. 147 and should, if his national regulations so provide, investigate whether there is non-compliance with Convention No The guide-lines detailed herein for each individual Convention contained in the Appendix or for other provisions of Convention No. 147 are intended to assist the ship inspector with investigations of such evidence or complaints. 3. In order to determine if a foreign flag ship complies with the provisions of a Convention in the Appendix to Convention No. 147, it is necessary for the inspector to decide whether the applicable standard of compliance should be "full" compliance or "substantially equivalent" compliance. The following four cases apply: Case one: The flag State has ratified Convention No. 147 and has ratified the particular Convention listed in the Appendix to Convention No. 147 full compliance with the provisions of the Convention in the Appendix and, whenever relevant, with the flag State's national laws or regulations. Case two: The flag State has ratified Convention No. 147 but has not ratified the particular Convention listed in the Appendix to Convention No. 147 "substantially equivalent" compliance with the provisions of the Convention in the Appendix in accordance with the flag State's national laws or regulations. Case three: The flag State has not ratified Convention No. 147 but has ratified the particular Convention listed in the Appendix to Convention No. 147 full compliance with the provisions of the Convention in the Appendix and, whenever relevant, with the flag State's national laws or regulations. 15

20 Inspection of labour conditions on board ship Case four: The flag State has not ratified Convention No. 147 and has not ratified the particular Convention listed in the Appendix to Convention No. 147 "substantially equivalent" compliance with the provisions of the Convention in the Appendix. 4. Where reference is made in the guide-lines to the requirement to meet the standard of a Convention listed in the Appendix to Convention No. 147, a footnote draws the attention of the inspector to the standard of compliance (whether it is to be "full" or "substantially equivalent") in accordance with one of the four cases detailed above. 5. In the event that a port State has national legislation specifically applicable to foreign flag ships and the standards of this legislation are higher than the requirements of a provision or provisions of ILO Convention No. 147, the inspector should comply with his national regulations. 6. As a result of the investigation, the inspector may also: (a) recommend that a report be prepared and addressed to the government of the flag State, with a copy to the Director-General of the ILO; (b) require that any conditions on board which are clearly hazardous to the safety of the vessel or safety or health of the crew be rectified. 7. Before taking measures to rectify any such conditions, the inspector or other maritime authority should immediately notify the nearest maritime, consular or diplomatic representative of the flag State and, if possible, ensure that such a representative is present. 8. The inspector should not unreasonably detain or delay a ship owing to its failure to meet the required standards. Consideration should be given to detaining a ship until corrective action is taken only when the failure to satisfy the required standards poses clear hazards to the safety of the vessel or to the safety or health of the crew. 16

21 Minimum age Minimum age Basic requirements The Appendix to Convention No. 147 lists three ILO Conventions on minimum age pertaining to seafarers. States which have ratified Convention No. 147 are required to have laws or regulations laying down standards (in so far as these are not covered by collective agreements or court awards equally binding upon the shipowners and seafarers concerned) which are substantially equivalent to the provisions of any one of those three Conventions. On the other hand, States which have ratified any one of the three minimum age Conventions are bound to implement the corresponding standards in full. The Minimum Age (Sea) Convention, 1920 (No. 7), requires essentially that children under the age of 14 years shall not be employed or work on any ship engaged in maritime navigation. Exempt from this rule are ships in which only members of the same family are employed, and work performed in school ships or training ships which is approved and supervised by public authority. A ship's master shall keep a register of all persons under the age of 16 years employed on board his ship, or a list of them in the articles of agreement, and of their dates of birth. The provisions of the Minimum Age (Sea) Convention (Revised), 1936 (No. 58), are similar but set the minimum age at 15 years. In addition, national laws or regulations may provide for the issue in respect of children of not less than 14 years of age of certificates permitting them to be employed in cases authorised by an appropriate national authority, due regard being given to the health and physical condition of the child and to the prospective benefit of such employment to the child. The Minimum Age Convention, 1973 (No. 138), a general instrument which applies to all workers in any occupation, 17

22 Inspection of labour conditions on board ship requires the abolition of child labour and the progressive raising of the minimum age for employment. The minimum age for admission to employment shall not be less than 15 years, except that under certain specified national conditions this may be reduced to 14 years. In the case of employment which is likely to jeopardise the health, safety or morals of young persons, the minimum age shall not be less than 18 years, which may be reduced to 16 years under certain conditions prescribed by the Convention. Control procedures for foreign flag ships Countries which have ratified Conventions Nos. 58 or 138 are bound by the minimum standards prescribed by those two instruments. These standards are higher than those of Convention No. 7. On the other hand, the national legislation of a country may have established a minimum age still higher than that specified by either Convention No. 58 or No If a complaint is received from a crew member, a trade union, or any person or organisation having an interest in the safety of the ship, including the safety and health of its crew, or if there is evidence that the ship does not conform to the standards set by: (a) Conventions Nos. 7, 58 or 138, where one or more of these has been ratified by the flag State; or (b) Convention No. 7, where the flag State has not ratified any of the above-mentioned Conventions, the inspector should verify that: (a) no person under the age of 14 or 15 years, as the case may be, is employed on board ship (excepting ships on which only members of the same family are employed) ; (b) the ship's articles of agreement, official crew list or similar document identifying all members of the crew, show that none are under the age of 14 or 15 years, as the case may be; 18

23 Medical examination (c) as regards school ships or training ships, any work performed by persons on board under the age of 14 or 15 years, as the case may be, is approved and supervised by public authority. 2. The inspector may also: (a) recommend that a report be prepared and addressed to the government of the flag State, with a copy to the Director-General of the International Labour Office; (b) require that any conditions on board which are clearly hazardous to safety and health be rectified. 3. Before taking measures to rectify any such conditions, the inspector or other maritime authority should immediately notify the nearest maritime, consular or diplomatic representative of the flag State and, if possible, ensure that such a representative is present. 4. The inspector should not unreasonably detain or delay a ship owing to its failure to meet minimum age standards. Medical examination Basic requirements The substantive provisions of the Medical Examination (Seafarers) Convention, 1946 (No. 73), may be summarised as follows : 1. Every person who is engaged in any capacity on board a seagoing merchant ship of 200 gross registered tons or over, except wooden vessels of primitive build, fishing vessels and estuarial craft, shall possess a certificate attesting to his fitness for the work for which he is employed, signed by a medical practitioner. A certificate pertaining only to eyesight may be 19

24 Inspection of labour conditions on board ship signed by a person authorised by the competent authority to issue such a certificate. 2. Without prejudice to the steps which should be taken to ensure that the persons mentioned below are in good health and are not likely to endanger the health of other persons on board, the above-mentioned medical certificates are not required of: a pilot (not a member of the crew) ; persons employed on board by an employer other than the shipowner, except radio officers or operators in the service of a wireless telegraphy company; travelling dockers (longshoremen) not members of the crew; and persons employed in ports who are not ordinarily employed at sea. 3. The medical certificates shall in particular attest: (a) that the person concerned is not suffering from any disease likely to be aggravated by, or to render him unfit for, service at sea or likely to endanger the health of other persons on board; (b) that the hearing and sight of the person concerned are satisfactory; and (c) that the colour vision of persons employed in the deck department (except for certain specialist personnel, whose fitness for the work which they are to perform is not liable to be affected by defective colour vision) is satisfactory. 4. The medical certificate shall be valid for a period not exceeding two years from its date of issue, except as it relates to colour vision, in which case the period of validity may extend to up to six years. 5. Official evidence issued by the flag State in a prescribed form to the effect that the required medical certificates have been given may be accepted in substitution of such certificates. 20

25 Medical examination 6. In urgent cases the competent authority may allow a person who does not hold a valid medical certificate to be employed for a single voyage. Control procedures for foreign flag ships 1. If a complaint is received from a crew member, a trade union, or any person or organisation having an interest in the safety of the ship, including the safety and health of its crew, or if there is evidence that the ship does not conform to the standards set by Convention No. 73, 1 the inspector should: (a) compare the medical certificates on board with the crew list to verify that each seafarer concerned holds the required certificate; (b) examine the medical certificates to verify their authenticity and period of validity. If the period of validity of a given certificate expires in the course of a voyage, the certificates should be considered as valid until the end of that voyage (outward and return passages); (c) confirm that the medical certificates include an attestation to satisfactory hearing and sight, and also to satisfactory colour vision for seafarers requiring this qualification; (d) confirm that no persons on board who are exempt from the requirement of a medical certificate pose a threat to the health of other persons on board. In doubtful cases, advice should be sought from the national health authorities of the port State. 2. If there is no medical certificate on board for any person required to have one, or if there are no medical certificates at all on board, the inspector should determine whether there is 1 See paragraph 3, pp , for the standard of compliance to be applied to foreign flag ships. 21

26 Inspection of labour conditions on board ship any other satisfactory evidence of compliance with the medical examination requirements. In this regard the national health authorities of the port State may provide guidance. 3. If satisfactory evidence is not obtained, the inspector may require that the persons concerned undergo a medical examination performed by a medical practitioner or other person authorised to issue a medical certificate, before allowing the ship to sail. 4. The inspector may also: (a) recommend that a report be prepared and addressed to the government of the flag State, with a copy to the Director-General of the International Labour Office; (b) require that any conditions on board which are clearly hazardous to safety and health be rectified. 5. Before taking measures to rectify any such conditions, the inspector or other maritime authority should immediately notify the nearest maritime, consular or diplomatic representative of the flag State and, if possible, ensure that such a representative is present. 6. The inspector should not unreasonably detain or delay a ship owing to its failure to meet standards concerning medical examinations. Consideration should be given to detaining a ship until corrective action is taken only when the failure to satisfy the requirements of Convention No pose clear hazards to safety or health. 1 See paragraph 3, pp , for the standard of compliance to be applied to foreign flag ships. 22

27 Articles of agreement Articles of agreement Basic requirements The Seamen's Articles of Agreement Convention, 1926 (No. 22), specifies various particulars relating to the terms of agreement between a shipowner or ship's master and members of the crew. It applies to all seagoing vessels with the exception, essentially, of government ships not engaged in trade, coastal vessels, fishing or pleasure vessels and vessels of less than 100 gross tons or 300 cubic metres. The following provisions of the Convention are relevant to on-the-spot investigations by ship inspectors. 1. All persons employed in any capacity on board a ship shall have signed articles of agreement with the shipowner or his representative for a definite period or for a voyage or, if permitted by national law, for an indefinite period. 2. Excluded from this requirement are: masters, pilots, trainees on training ships, cadets, indentured apprentices, naval ratings and other persons in the permanent service of a government ; persons employed on "home trade vessels", in other words, ships engaged in trade between a country and the ports of a neighbouring country within geographical limits determined by national law. 3. The articles of agreement shall be signed both by the shipowner or his representative and the seafarer and they shall state clearly the respective rights and obligations of each of the parties. The agreement shall not contain anything which is contrary to national law and shall contain the following particulars, among others: the surname, date and place of birth of the seafarer; the name of the ship and the place at which and date on which the agreement was completed; 23

28 Inspection of labour conditions on board ship the voyage or voyages to be undertaken, if this can be determined at the time of making the agreement ; the capacity in which the seafarer is employed and the amount of his wages; the scale of provisions to be supplied to the seafarer; the term of the agreement and the conditions for its termination ; any other particulars which may be required by national law. 4. Clear information should be available to the seafarer on board as to his conditions of employment and his rights and obligations, either by posting the conditions of the agreement in a place easily accessible to the crew or by some other appropriate means. Control procedures for foreign flag ships 1. If a complaint is received from a crew member, a trade union, or any person or organisation having an interest in the safety of the ship, including the safety and health of its crew, or if there is evidence that the ship does not conform to the standards concerning articles of agreement set by Convention No. 22, * the inspector should determine whether: (a) signed articles of agreement exist; (b) the existing articles of agreement specifying the conditions of employment are readily available to the crew either by posting in a place on board easily accessible to the crew or by some other appropriate means. 2. If the inspector determines that no articles of agreement exist, or if he obtains clear evidence or receives a complaint 1 See paragraph 3, pp , for the standard of compliance to be applied to foreign flag ships. 24

29 Vocational training that they do not conform to the requirements specified by Convention No. 22, 1 he may: (a) recommend that a report be prepared and addressed to the government of the flag State, with a copy to the Director-General of the International Labour Office ; (b) require that any conditions on board which are clearly hazardous to safety or health as a result of non-compliance with Convention No. 22 ï be rectified. 3. Before taking measures to rectify any such conditions, the inspector or other maritime authority should immediately notify the nearest maritime, consular or diplomatic representative of the flag State and, if possible, ensure that such a representative is present. Vocational training Basic requirements Under Article 2 (e) of Convention No. 147, each ratifying State is required to ensure that seafarers employed on ships registered in its territory are properly qualified or trained for the duties for which they are engaged, due regard being given to the Vocational Training (Seafarers) Recommendation, 1970 (No. 137). The basic objectives of this training should be : to maintain and improve the efficiency and the professional ability of seafarers; to improve accident prevention standards on board ship; 1 See paragraph 3, pp , for the standard of compliance to be applied to foreign flag ships. 25

30 Inspection of labour conditions on board ship to enable technical developments in the operation and safety of ships to be put into effect. Recommendation No. 137 does not embody binding obligations with regard to vocational training. However, in paying due attention to the provisions of the Recommendation, flag States may introduce national laws or regulations to implement all or certain provisions of the Recommendation. Control procedures for foreign flag ships 1. If a complaint is received from a crew member, a trade union, or any person or organisation having an interest in the safety of the ship, including the safety and health of its crew, the inspector should ask to be shown and examine any papers, documents or records relevant to qualifications and training which may be required under flag state legislation to be kept on board. 2. Should such an examination reveal that the documentary evidence found on board is not in accordance with flag state legislation, the inspector may (a) recommend that a report be prepared and addressed to the government of the flag State, with a copy to the Director-General of the International Labour Office; (b) require that any conditions on board which are clearly hazardous to safety or health as a result of noncompliance with flag state legislation be rectified. 3. Before taking measures to rectify any such conditions, the inspector or other maritime authority should immediately notify the nearest maritime, consular or diplomatic representative of the flag State and, if possible, ensure that such a representative is present. 4. The inspector should not unreasonably detain or delay a ship owing to a deficiency concerning vocational training. 26

31 Officers' certificates of competency Officers' certificates of competency Basic requirements The Officers' Competency Certificates Convention, 1936 (No. 53), applies to all vessels engaged in maritime navigation, except for government vessels not engaged in trade, and wooden ships of primitive build. Also, national laws or regulations may grant exceptions as regards vessels of less than 200 gross tons. The substantive provisions of Convention No. 53 lay down precise requirements regarding certificates of competency for certain ship's officers and the qualifications needed for such certificates; in addition, the Convention calls for systems of inspection to ensure the enforcement of its provisions, and calls for penalties and disciplinary measures for cases in which they are not respected. Only Articles 3 and 4 of Convention No. 53 must be fulfilled in order to satisfy the minimum standards set by Convention No These Articles may be summarised as follows: 1. Any person engaged to perform or performing the duties of master or skipper, navigating officer in charge of a watch, chief engineer, or engineer officer in charge of a watch, must hold a certificate of competency to perform such duties, issued or approved by the flag State. Exceptions are permitted only in cases of force majeure. 2. No person shall be granted a certificate of competency unless he has: (a) reached the minimum age and obtained the minimum duration of professional experience prescribed by the flag State for the issue of the certificate in question; and (b) passed examinations organised and supervised by the flag State confirming his qualifications for performing the duties corresponding to the certificate for which he is a candidate. 27

32 Inspector of labour conditions on board ship Convention No. 147 provides that in cases where the established licensing system or certification structure of a State would be prejudiced by problems arising from strict adherence to the relevant standards of Convention No. 53, the principle of substantial equivalence shall be applied so that there will be no conflict with the State's established arrangements for certification. Control procedures for foreign flag ships 1. If a complaint is received from a crew member, a trade union, or any person or organisation having an interest in the safety of the ship, including the safety and health of its crew, or if there is evidence that the ship does not conform to the standards set by the two relevant Articles of Convention No. 53, 1 the inspector should: (a) determine whether evidence exists on board that the individuals designated as master, chief engineer and navigating and engineering officers in charge of a watch possess valid certificates of competency, which are officially issued or approved by the flag State, and that the respective certificates correspond to the positions held by the individuals concerned and to the type and size of ship in question, the waters in which it is navigating, and the type and power of its main propulsion engines; (b) determine, with respect to ships of less than 200 gross registered tons whose masters and officers do not have the certificates indicated above, that national laws or regulations of the flag State have granted an exception or exemption from the requirement that such members of the crew must possess a certificate of competency; 1 See paragraph 3, pp , for the standard of compliance to be applied to foreign flag ships. 28

33 Officers' certificates of competency (c) determine, with respect to ships required to carry certificated personnel but not having certificates of competency on board, how compliance is given to the requirement for such certificates; (d) determine whether official confirmation of the flag State is available on board regarding any declared cases of persons performing duties requiring a certificate of competency under the permissive exception of force majeure specified by Convention No The inspector may also: (a) recommend that a report be prepared and addressed to the government of the flag State, with a copy to the Director-General of the International Labour Office; (b) require that any conditions on board which are clearly hazardous to safety or health be rectified. 3. Before taking measures to rectify any such conditions, the inspector or other maritime authority should immediately notify the nearest maritime, consular or diplomatic representative of the flag State and, if possible, ensure that such a representative is present. 4. In judging whether a ship should be detained, the inspector should take account of the circumstances of the case in question, in particular: whether the deficiency creates a clear hazard to the safety of the ship or to life on board; the length and nature of the ship's voyage; the size, type and technical equipment of the ship; and the nature of the ship's cargo. 5. The inspector should not unreasonably detain or delay a ship owing to a deficiency regarding officers' certificates of competency. Consideration should be given to detaining a ship until corrective action is taken only when the failure to satisfy 29

34 Inspection of labour conditions on board ship the requirements of Articles 3 and 4 of Convention No. 53 ' poses clear hazards to safety or health. Food and catering Basic requirements The Food and Catering (Ships' Crews) Convention, 1946 (No. 68), prescribes minimum standards concerning the food supply and catering service for the crews of ships. It applies to all seagoing ships which are engaged in the transport of cargo or passengers for the purpose of trade. Basically, the Convention requires that national laws and regulations lay down such standards, to be enforced through inspections both by the competent authorities and the ship's personnel. Only Article 5 of the Convention must be applied under the terms of Convention No This Article provides that: 1. Countries shall maintain in force laws or regulations concerning food supply and catering arrangements designed to secure the health and well-being of ships' crews. 2. Ships shall have on board food and water supplies which, having regard to the size of the crew and the duration and nature of the voyage, are suitable in respect of quantity, nutritive value, quality and variety. 3. The arrangement and equipment of the catering department in every ship shall be such as to permit the service of proper meals to the members of the crew. 1 See paragraph 3, pp , for the standard of compliance to be applied to foreign flag ships. 30