Cleanthis orphanos cyprus[1]


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Cleanthis orphanos cyprus[1]

  1. 1. Cleanthis OrphanosHead Maritime Labour SectionDepartment of Merchant Shipping-CyprusNorwegian Centre for Maritime Medicine 4/23/2012 1
  2. 2. • Legal Implementation and Ratification Soft – Not over & above MLC, 2006 Ratification Bill passed – Imminent ratification of MLC, 2006 (25+1=26 Ratifications until now)  Inspection System FSC & PSC 2
  3. 3.  Definition of Shipowner: Same as MLC, 2006 Technical problems when the crew employer is not the Shipowner: Standard A2.1.1(a): “It is the responsibility of the Shipowner to make sure that Seafarers have contractual or similar arrangements providing them with decent working conditions as required by the Convention” 3
  4. 4.  Definition of Seafarer same as MLC, 2006 Incase of doubt: Resolution concerning info on occupational groups 4
  5. 5. Ratification Law stipulates categories not considered Seafarers scientists, researchers, divers, specialist off-shore technicians, etc. harbour pilots, inspectors, surveyors, auditors, superintendents etc. guest entertainers, repair technicians, port workers non-marine personnel, employed under outsourced service agreements, the terms of which determine the conditions under which the service provider will supply the personnel 5
  6. 6. Flag State Control 5.1.2 - Authorization of ROs 5.1.3 – Issue of MLC and DMLC 5.1.4 – Inspection and enforcement 5.1.5 – On-board complaint procedure 5.1.6 – Marine casualties Investigation 6
  7. 7. Authorization of ROs ROs Capacity – Checked (ROs submitted to DMS MLC, 2006 inspection & certification system)• Inspection and certification functions will be delegated to ROs - all IACS1. ABS 5. GL 9. PRS2. BV 6. KR 10. RINA3. CCS 7. LRS 11. RMRS4. DNV 8. NK 7
  8. 8. Issue of MLC and DMLC Issue by the DMS of a DMLC Part I to about 850 ships Preparation of the DMLC Part II and Ship by the Shipowner Approval of the DMLC Part II and issue of the Maritime Labour Cert. (MLC) by ROs 8
  9. 9. • No instructions will be given by DMS for preparation of the DMLC PART II• ROs have prepared instructions and check-lists to assist shipowners 9
  10. 10. Inspection and Enforcement Three (3)Marine Surveyors have been trained at ILO Training Centre at Turin These (3) trained in house all DMS Surveyors who perform FSC & PSC 10
  11. 11. On-board complaint procedure: Model Format will be provided to assist Shipping Companies but it will not be compulsory 11
  12. 12. Marine casualties Investigation: DMS/Marine Casualties Investigation Division will continue to investigate Labour Accidents 12
  13. 13. Port State Control: ILOGuidelines for PSCOs carrying out inspections under the MLC, 2006 Paris MOU Guidance follow the ILO Guidelines The Paris MOU procedures and instructions will be followed 13
  14. 14. PORT STATE CONTROL•MLC, 2006 inspections inconjunction with SOLAS, MARPOL ,STCW, LL etc.•On-ShoreComplaint HandlingProcedures have been established 14
  15. 15. Seafarer Recruitment & Placement Agencies: There are no in Cyprus Nevertheless there is a legal Framework in case of future establishment 15
  16. 16.  Reg. 2.5: Repatriation Reg. 2.6: Seafarer compensation for the ship’s loss or foundering Reg. 4.2: Shipowners liability Generally covered by P&I Clubs but will need either to be widened or Shipowners will need to obtain separate insurances 16
  17. 17. IG PANDI is currently exploring thepossibility of a group solution and one ofthe proposals is that a shipowner obtainsa ‘Certificate of Financial Responsibility’(COFR), backed by commercial insurers,which would provide specific cover forthese new liabilities as an extension totheir P&I cover. 17
  18. 18.  Some P&I Clubs provide in their Rules, that even if a Member (Shipowner) has not paid its calls, the Club will pay damages or compensation for personal injury, illness or death of a seaman directly to the seaman A P&I Club “Certificate of Entry” is deemed to satisfy this requirement by Cyprus and other Flag States (Even if it does not cover all provisions) 18
  19. 19. Cyprus recognises Medical Certificatesissued by Countries which are on theIMO’s STCW White List 19
  20. 20. According to the STCW ManilaAmendments (came into force on 1stJan., 2012) the procedures for the issueof Medical Certificates will be added tothe Quality System for the issue ofSTCW CoC. Therefore, a Procedure forAudit of Medical Examiners will have tobe included in the Quality System 20
  21. 21. • Member State Department of Merchant Shipping• Shipowners Organizations Cyprus Shipping Chamber (CSC) Cyprus Union of Shipowners (CUS)• Seafarers SEK trade Union (SEK) (Affiliated with ITF) Pancyprian Federation of Labour (PEO) 21
  22. 22. Contact person(s):1..................................2.................................. TEL: + 357 25 823715 Fax: /+357 25-305030 E – Mail: 22
  23. 23.  It shall be used for: 1. Asking questions regarding the implementation of the Convention 2. Submission of Applications for the issue of the DMLC Part I 3. Requests for information from PSC Authorities 4. Reporting Seafarers complaints serving on Cyprus Flagged ships 23
  24. 24.  The shipowner shall submit to the DMS/MLC, 2006 Contact Point electronically (E-Mail: an application “Application for the issue of a DMLC” properly completed and pay the required fee 24
  25. 25.  The DMS based on the information submitted by the shipowner, will issue the DMLC Part I for the ship, duly completed Part II will have to be completed by the shipowner. 25
  26. 26. The shipowner shall prepare the DMLCPart II and request an authorized RO toapprove it, inspect the ship and thenissue the MLC. 26
  27. 27.  Standard Medical Certificate Seafarer’s Book (Record of Employment) Seafarer Employment Agreement (SEA) CBA (IF ANY) Copy of National Repatriation Provisions Standardized Table of Shipboard Working Arrangements Standardized Table of Daily Hrs of Work/Rest 27
  28. 28.  Safe Manning Document (Circ. 16/2002) Standard Medical Report Form for Seafarers Doc. for On-Board Complaint Procedures Report Form for Personal Injury or Loss of Life Risk Assessment Form (Circ. 20/2005) P&I Club “Certificate of Entry” 28
  29. 29.  A copy of the MLC, 2006 A copy of the Cyprus Code of Safe Working Practices (Circ. 20/2005) A copy of the ILO publication Accident Prevention at Sea and in Port A copy of the ILO publication Ambient Factors in the Workplace International Medical Guide for Ships, 3rd Edition (WHO) 29
  30. 30.  Medical First Aid Guide for use in Accidents Involving Dangerous Goods (MFAG), 2004 Edition (IMO) / (IMO/WHO/ILO) (Ships that carry or might carry Dang. Goods International Code of Signals, 2005 Edition (IMO) IAMSAR Manual Vol.3, 2010 Edition Cyprus Laws implementing the MLC, 2006 30