UIK-FLAGGED VESSELS

DECLARATION OF MARITIME LABOUR COMPLIANCE PART II

MCA GUIDANCE ON PART II WHAT INFORMATION TO PROVIDE

1. MINIMUM AGE (Reg 1.1)

The following should be included; Upon boarding, each seafarer’s Passport and Discharge book is
checked by the Master or their designated representative, in
No person under the age of 16 will be employed on the ship. order to:
No seafarer under the age of 18 will work at night (as defined in • ensure that no person below the age of 16 is employed upon
the DMLC part I) unless it is part of a recognised training this vessel.
scheme. • compile a list of seafarers aged under 18 years, which is kept
A list of hazardous work that seafarers under the age of 18 are available for inspection.
prohibited from undertaking. Rosters are prepared to ensure that, during a continuous nine-
A list of seafarer who are under 18 years of age. hour period starting no later than midnight and ending no earlier
To ensure compliance the Master will check that the seafarer is than 5.00am each day, seafarers under the age of 18 do not
over 16 by inspecting the individual’s passport/discharge book. work. The only exceptions are in the event of an emergency or
where night work is a necessary part of their training
programmes.

Seafarers below the age of 18 are not permitted to carry out

work such as the following:
• Working at height.
• Working overboard except during safety training drills.
• Working within enclosed spaces.
• Food preparation or catering.

2. MEDICAL CERTIFICATION (Reg.1.2)

A statement to the effect that: Upon arrival on board and prior to commencing work, each
Only medical certificates approved by the MCA (including those seafarer is required to submit their medical certificate to the
issued by other Administrations) will be accepted. Master or their designated representative to ensure the
No seafarer will be engaged without a valid medical certificate. certificate is -
Medical certificates should be given in English or accompanied • valid and appropriate for the duties that the seafarer will
by an English translation undertake;
Reference should be made regarding who checks the individual • in English (or with an English translation available); and
certificates ensuring that any restrictions are complied with • issued by a doctor approved or accepted by the Flag
What the procedure is if either the Master or the owner has State.
concerns about the medical fitness of a seafarer to undertake A note is taken of any certificate that will expire during the
their duties course of the voyage.

Seafarers not in possession of a valid medical certificate are not

permitted to join the vessel. They are either directed to the
nearest Approved Doctor or repatriated.

Where doubt exists as to the validity of the medical certificate or

the fitness of the seafarer, the Master shall contact the company
superintendent and arrange an independent medical
assessment without delay.

The procedure may be set out in the company’s Safety

Management System, developed by the company and audited
by the flag State.

3. QUALIFICATIONS OF SEAFARERS (Reg 1.3)

The declaration should state: Upon arrival on board and prior to commencing work, each
That only certificated seafarers in accordance with national and seafarer is required to submit their STCW certificates to the
international requirements will be employed on board. Master or their designated representative to ensure the
What evidence will be provided in the event of a seafarers certificates are valid and appropriate for the duties that the
Certificate of Competency requiring revalidation. seafarer will undertake.
That all seafarers are required to carry their certificates with
them. Seafarers arriving without the original copies of their certificates
Who is responsible for ensuring that individual seafarers have are not permitted to join the vessel.
the correct certificates and what happens if a seafarer joins a Where a Certificate of Competency requires revalidation, the
ship without the required qualifications. company will ensure that this is completed prior to joining the
The procedure used to instruct seafarers on board personal vessel.
safety training and how this training is to be recorded.
Basic Safety training and familiarisation is given to each seafarer
upon joining the vessel by the designated safety training officer.
This may be recorded in the seafarers’ individual training and
record books and in the on-board record of training and drills.
4. SEAFARERS' EMPLOYMENT AGREEMENTS (reg 2.1)
This section should include: The employer provides each seafarer with a copy of the SEA
Confirmation that the seafarers’ employment agreements (SEA) and permits an opportunity for the seafarer to examine and seek
include the items listed in paragraph 4 of Standard A2.1. advice on it before signing. In the event of difficulties, the
A statement indicating whether a collective bargaining seafarer shall raise queries with the company or its associated
agreement [or any other supplementary documentation?] forms recruitment/manning agency prior to departing for the vessel.
all or part of the SEA.
Confirmation that the seafarer has been given a signed original Where members of the crew are employed by Offshore
copy of the SEA and how this is recorded. Employer Ltd, this company is authorised to sign Seafarer
Confirmation that the seafarer has been given an opportunity to Employment Agreements as a representative of the Shipowner
examine and seek advice prior to signing the SEA and how this for MLC purposes.
is recorded.
The method used to provide seafarers with a record of An example of the company’s Seafarers’ Employment
employment on board the ship. Agreement is available for inspection at the company’s offices
The procedure for granting shore leave. ashore.
Annual leave provision and how this is calculated.
Details of authorised representatives for signing the SEA on A Collective Bargaining Agreement exists between the
behalf of the shipowner. Shipowner and the National Seafarers’ unions/ITF, which
contains parts of the Seafarers’ Employment Agreements.
 A seafarers’ discharge book provides evidence of their
employment.

5. USE OF ANY LICENSED OR CERTIFIED OR REGULATED

PRIVATE RECRUITMENT AND PLACEMENT SERVICE (Reg
1.4)
This section should include: Seafarers on the vessel are recruited and employed directly by
Information whether seafarers are directly or indirectly engaged Offshore Employment (Guernsey) Ltd
by the shipowner. Offshore Employment (Singapore) Ltd
A list of manning agencies that supply seafarers to the ship. Offshore Employment (Manila) Ltd
Confirmation that the manning agencies reside in a ratifying Offshore Employment (Jakarta) Ltd
country. OR
If the manning agencies are based in a non ratifying country a The above listed agencies are audited as part of the company
statement to the effect that the agency operates in accordance ISM and ISO audits and comply fully with the requirements of
with MLC,2006 requirements and what evidence is available to MLC, 2006. Copies of the audits are available for inspection at
confirm this. the company’s offices ashore.
Confirmation that no fees or other charges are borne either
directly or indirectly by the seafarer when gaining employment Offshore Employment Services (Jakarta) Ltd has been audited
and how this is verified. by Lloyd Veritas Ltd and found to be fully compliant with the
Confirmation that the manning agencies do not operate blacklists applicable MLC requirements. A certificate to that effect from
in order to prevent seafarers gaining employment and how this is Lloyd Veritas is available for inspection at the company’s offices
verified ashore.
Confirmation that as far as practicable the shipowner has the
means to protect seafarers from being stranded in a foreign port All of the above listed agencies are authorised to sign SEAs on
together with confirmation that a system of protection is in place behalf of the shipowner.
by way of insurance or an equivalent measure to compensate
seafarers for monetary loss resulting from the failure of either the
manning agencies or the shipowner to meet their obligations to
the
seafarers.
6. HOURS OF WORK AND REST (Reg 2.3)
This section should include information on: A table showing the schedule of service at sea and in port, along
Details of any authorized exception with the minimum hours of rest required to be observed on the
Where the schedule is posted up. vessel, is posted upon the Official noticeboard located on deck 3
Who monitors the hours of work/rest for compliance both on outside the ships office.
board and ashore.
Under what circumstances can the schedule be suspended. The hours of work/rest are monitored on board and ashore for
How are any suspensions recorded. compliance with the applicable standards [and exception as
How details of any compensatory rest periods granted resulting explained in DMLC Part I] utilising “ISF Watchkeeper 3
from the schedule being suspended are recorded. software”. Individual reports are inspected weekly by the Master
and then forwarded to the ship’s superintendent. Copies are
available for inspection.

The schedule shall only be suspended in the event of a serious

incident affecting or threatening the safety of this vessel, its crew
and the environment; or whilst rendering such assistance to a
person or vessel in distress as required by Article 92 of
UNCLOS and Chapter V, Regulation 33(1) of the SOLAS
Convention. Any such suspension shall be recorded in the
seafarers’ individual records as well as the vessels Official
Logbook.

Compensatory rest periods granted resulting from the schedule

being suspended are recorded in the seafarers’ individual
records and the official logbook.
7 MANNING LEVELS FOR THE SHIP (Reg 2.7)
The following should be included: The vessel is manned at all times in accordance with the
A statement to the effect that the ship will be manned in requirements of the Minimum Safe Manning Document and
accordance with national and international regulations. Safety Management System, developed by the company and
A statement to the effect that the contents of the safe manning approved by its Flag State.
document will be adhered to at all times.
Information on who the Master should contact if he has any In the event that the Master has concerns regarding the safe
concerns regarding manning. manning of the vessel, they shall immediately contact the
Designated Person Ashore to seek guidance.
8. ACCOMMODATION (Reg 3.1)
If the ship was constructed prior to the MLC, 2006 coming in to The crew accommodation on this vessel, whose keel was laid on
force then a statement should be made to the effect that the the ……… of ………., YYYY, was constructed in accordance
crew accommodation was constructed in accordance with ILO with ILO Conventions C92 and C133. Approved plans of the
Conventions C92 and C133. If so the keel laying date should be crew accommodation are available for inspection on the vessel
included. and in the company offices ashore.
In addition the following should be included:
How the requirements or paragraph 2(a) of Standard A3.1 are The accommodation is inspected for cleanliness and safety at
dealt with. least weekly by the Master and the senior management team.
Who is responsible for carrying out inspections of the crew Records are kept by the Master in the vessel’s official logbook.
accommodation, the frequency that inspections are carried out
and where they are recorded should be included. All items necessary to ensure seafarers’ comfort and safety are
What is provided by way of bedding, mess utensils and provided by the company, this includes all bedding, towels, mess
miscellaneous provisions. utensils and any other items which may be deemed necessary to
The procedure for the sending and receiving of seafarers mail. comply with or in addition to the requirements of the MLC (2006)
Whether seafarers may be accompanied by their partners for
occasional voyages. Crew members may send mail from the vessel at any time whilst
Whether seafarers partners, relatives or friends are permitted to the vessel is in port. Outgoing mail should be placed in the
visit the ship when it is in port. receptacle outside the ships office for delivery to the nearest
suitable post office. Incoming mail will be distributed by the duty
officer upon receipt. Seafarers also have access to email.

Subject to the vessel’s itinerary and company approval,

seafarers may be accompanied by partners. Travel expenses
 must be met by the seafarer.

Subject to port byelaws, vessel itinerary, and the Masters’

approval, seafarers may receive visitors provided that this does
not impede the operation of the vessel.
9. ONBOARD RECREATIONAL FACILITIES (Reg 3.1)
This section should, as a minimum give information on what The following recreational facilities are provided for seafarers
recreation facilities (for example, DVD players, televisions, sports use:
equipment etc) are provided on board.
Where appropriate the location of the upper deck area that is Televisions and associated DVD players in Officers and Crew
reserved for seafarers. Lounges.
CD Radio Players are available in every cabin.
Ships Library
Gym equipment (Treadmill, Rowing Machine & Free Weights)
are provided next to the ships office.

Seafarers, when off duty, may utilise the Deck area aft of the
accommodation on Deck 3 for relaxation purposes, loungers and
tables have been provided for this purpose, provided the Master
is satisfied that the prevailing weather conditions do not make it
unsafe for them to be on deck.
10. FOOD AND CATERING (Reg. 3.2)
The following should be included: Potable Water is loaded as required at each port call. Testing is
Details concerning the loading, storage and treating potable carried out by the 2nd Officer prior to and on completion of
water. loading. Test results are recorded as part of the Shipboard
Procedures for storing, preparing and serving food. Maintenance system and in the vessels official logbook. Where
That seafarers are not charged for their food. potable water does not reach the required standard it shall be
However the shipowner ensures that food is suitable in quantity, rejected prior to loading. Where possible water shall be made on
nutritional value, quality and variety for the number of crew and board whilst the vessel is at sea.
operation of the ship. In the event of any failure of the above processes, the seafarers
How religious and cultural practices os seafarers are catered for. will be supplied with bottled drinking water.
The qualifications and traning of the cook and any other catering
staff. Food stores are ordered as required from audited suppliers in
Details of who carries out the inspections of the galley and food order to maintain a minimum of 1 month’s useable food (or
handling/storage areas and how these inspections are recorded. longer if operationally required). Upon receipt of the stores they
are inspected by the Chief Officer and Ship’s Cook to ensure
that they conform to the required standard. Any substandard
food shall be highlighted to the vessels agent and rejected. Food
shall be stored in the Dry store, Cold Store or Freezers as
appropriate. Food Preparation shall only take place in the
vessel’s galley.

Three meals per day are provided by the company free of

charge to seafarers.

The Weekly meal plan is inspected by the Master to ensure that

variety is maintained and that all cultural/religious requirements
are strictly observed. Seafarers with specific dietary
requirements should inform the Master prior to their
embarkation. The Master and Ship’s Cook devise appropriate
meal plans to take these requirements into account.

Ship’s Cook’s certificates, which have been either issued or

approved by the Flag State, are available for inspection on
board.

The Galley and all food storage areas are inspected at least
weekly. These inspections, any findings and corrective actions
required shall be recorded in the Official Log Book. Any
corrective actions required are to take place a quickly as
practicable and their successful completion is to be logged upon
 satisfactory inspection.

No Seafarer below the age of 18 is permitted take part in food

preparation on board this vessel
11. HEALTH AND SAFETY AND ACCIDENT PREVENTION
(Reg 4.3)
The following should be included: The vessel has a Safety Committee. A list of members of the
If a ship has 5 or more seafarers then a safety committee is Safety committee is posted upon the Official noticeboard located
required. The composition of the safety committee and the on deck 3.
frequency of meetings together with the responsibilities of the The responsibilities of each member of the committee are
Master, safety officer and safety representatives. detailed in the vessel’s safety management system as approved
Details of the on board programmes for the prevention of by the flag state.
occupational accidents, injuries and diseases and for continuous
improvement in occupational health and safety. The company occupational health and safety policy and
Details of the adoption, the effective implementation and programme is set out in the Company Safety Management
promotion of occupational safety and health policies and System. This covers compliance with the flag state’s health and
programmes. safety laws and regulations as listed in the DMLC Part I and as
The procedure for generating risk assessments (including those applicable to the ship, risk assessments, prevention of
for young seafarers) and how frequently they are reviewed. occupational accidents, injuries and diseases, incident reporting
The precautions taken to prevent occupational accidents, and a scheme encouraging continuous improvement in
injuries and diseases. occupational health and safety. Copies are available for
The procedure for investigating, reporting and correcting unsafe inspection on board and in the company offices ashore
conditions.
The procedure for investigating, reporting on board occupational
accidents.
Details of the type of work that seafarers under the age of 18 are
prohibited from undertaking.
12. ONBOARD MEDICAL CARE (Reg4.1)
This section should cover: The provision of Medical Care on board and the upkeep of the
The provision of on board medical care including the medical Ship’s Medical Chest is the responsibility of the Master who may
chest and who is responsible for maintaining same. delegate responsibilities to a suitably qualified deputy – normally
Who is responsible for providing on board medical care. the [2nd Officer]. Audits of medical supplies are carried out every
Confirmation that the person(s) responsible for providing on [ ] months to ensure that they are at all times in compliance with
board medical care is trained (including refresher training). the statutory requirements.
The provision of on shore medical care for seafarers and
confirmation that this medical care is provided free of charge to At all times there is at least one crew member who has met the
the seafarer. standards of competence set out in Part A-VI/4-1 or Part A-VI/4-
The procedure for sending a seafarer ashore for medical 2 of the STCW Code. Their names are indicated on the ship’s
attention. Including, if necessary, the use of the medical report noticeboard and copies of their Certificates of Competency or
form, Certificates of Proficiency as appropriate are available for
inspection.

Where a Seafarer requires urgent medical attention whilst in

port, such attention shall, where practicable, be arranged
through the Medical Officer and the ship’s Agent.

Prior to sending the seafarer ashore, depending on the urgency

of the situation, the medical officer completes company form
“Med 1A-2”, in English, indicating symptoms, observations and
treatment provided and send the form with the seafarer. The
form should then be completed by medical professional and
returned with the seafarer.

Medical or emergency dental assistance that is necessary for a

seafarer whilst on company business, including the requirement
for medical treatment whilst travelling to or from the vessel, is
provided at no cost to the seafarer.

13. ONBOARD COMPLAINT PROCEDURES (Reg 5.1.5)

The following should be included: The on board complaints procedure has been prepared in
Confirmation that the on board complaints procedure complies consultation with the [trade union] with reference to the ACAS
with national laws and requirements. A copy should be Code of Practice. A copy is available for inspection on board
submitted to the MCA for review. and in the company office ashore.
Confirmation that a copy of the on board complaints procedure
is to be given to every seafarer and how this is recorded. Each seafarer receives a copy of the on board Complaints
procedure and is requested to confirm receipt by signing the on
board familiarisation record sheets. This contains contact
information for the competent authorities in the flag state and the
seafarers’ state of residence and the name of a seafarer/other
person who can give, on a confidential basis, impartial advice on
making a complaint.
14. PAYMENT OF WAGES (Reg.2.2)
This section should include information concerning pay slips, Wages are paid in [currency] at the exchange rate published by
charges for allotments and frequency of the payment of wages [Bank] on the [23rd] day of each month. Seafarers receive pay
together with how the rate of exchange is determined. advice on board and may elect to send some, or all, of their net
wages to a nominated bank account of their choice. This will be
done electronically, in accordance with the seafarer’s
instructions, at no cost to the seafarer.
15. FINANCIAL SECURITY FOR REPATRIATION
(Reg.2.5)
This section covers the financial security the shipowner must Financial security which covers the shipowner’s liability under
have to ensure the repatriation of seafarers. Reg 4.2 is provided by [….] A copy of the certificate of insurance
is posted [location] and includes contact details in the event of a
claim.
16. FINANCIAL SECURITY RELATED TO SHIP
OWNERS LIABILITY (Reg.4.2)
This section details the responsibilities of the ship Financial security which covers the shipowner’s liability under
owner with regard to the financial security they need to Reg 4.2 is provided by [….] A copy of the certificate of insurance
arrange to cover their liability is posted [location] and includes contact details in the event of a
claim.