SAMI Briefing Maritime Labour Convention FAQs and Text March 2013

RO. In this respect, the Code uses wording such as “by the competent authority, or by arecognized organization duly authorized for this purpose”.Most of the tasks related to flag State inspection and certification under theMLC, 2006 can be undertaken by an RO. When an RO is appointed, the flag State (or itscompetent authority) needs to specify the scope of the RO’s role with respect toverification of national requirements. Although the attention of an RO carrying out a flagState inspection might be drawn to a possible deficiency on a ship by seafarers andreported to the flag State, the investigation of complaints that are made to the flag Stateregarding its ships (Standard A5.1.4, paragraph 5) or the enforcement of the nationalrequirements implementing the MLC, 2006 should be dealt with by the competentauthority in each flag State. Information as to the role of ROs and the scope of theirauthority should also be made available to seafarers in the event that they have acomplaint.C5.1.g. Must all ships be inspected?All ships covered by the MLC, 2006 [see B4. What ships does the MLC, 2006 applyto?], are subject to inspection for all the requirements of the Convention (Regulation 5.1.4,paragraph 1). For ships that will be certified the provisions of Regulation 5.1.3 andStandard A5.1.3 will also apply. The inspection standards are the national requirementsimplementing the MLC, 2006.C5.1.h. What is the list of 14 areas to be certified?Standard A5.1.3, paragraph 1 provides that:A list of 14 areas in the working and living conditions of seafarers that must be inspectedand certified as complying with the national laws and regulations or other measuresimplementing the requirements of the MLC, 2006 is contained in Appendix A5-I to theConvention. These areas are:Minimum ageMedical certificationQualifications of seafarersSeafarers’ employment agreementsUse of any licensed or certified or regulated private recruitment and placement serviceHours of work or restManning levels for the shipAccommodationOn-board recreational facilitiesFood and cateringHealth and safety and accident preventionOn-board medical careOn-board complaint proceduresPayment of wagesC5.1.i. Do the requirements in the MLC, 2006) that are not in the list of 14 areas in AppendixA5-I have to be inspected?All ships covered by the MLC, 2006, are subject to inspection for all the requirementsof the Convention (Regulation 5.1.4, paragraph 1). For ships that will be certified, theFAQ 41