5 approach of marshall islands bouchard, elizabeth s. 
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
MLC, 2006 - IMPLEMENTATION 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 REPUBLIC OF THE MARSHALL ISLANDS EXAMPLE 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 – IMPLEMENTATIONA 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 –IMPLEMENTATIONA 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 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
MLC, 2006 – IMPLEMENTATIONRMI has implemented the MLC, 2006 to the greatest extent possiblewithout: The Convention coming into force Going through tripartite consultations
MLC, 2006 VOLUNTARY CERTIFICATION AND INSPECTION PROGRAM – HEALTH ISSUESQ: How will a shipowner confirm that a medical practitioner hasbeen duly qualified by the competent authority (Std A1.2.4)?A: Approval is to be granted by the competent authority of the Memberin which the practitioner is located.
MLC, 2006 VOLUNTARY CERTIFICATION ANDINSPECTION PROGRAM – HEALTH ISSUES (continued) 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 ANDINSPECTION 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
RMI POLICIESQ: 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.
RMI POLICIES (continued)Q: Will there be changes in approval and quality assurance of medical examinersA: 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 complyEach shipowner/company is different, and therefore, compliance must beon an individual basis in a manner that conforms to a company’s ownpolicies 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.