Resolução n.º 5/2018

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Resolução n.º 5/2018

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Texto do artigo · p. 182 2. Seafarers on board a ship shall be provided with food free of charge during the period of engagement.

Texto do artigo · p. 182 3. Seafarers employed as ships’ cooks with responsibility for food preparation must be trained and qualified for their position on board ship. Standard A3.2 – Food and catering

Texto do artigo · p. 182 1. Each Member shall adopt laws and regulations or other measures to provide minimum standards for the quantity and quality of food and drinking water and for the catering standards that apply to meals provided to seafarers on ships that fly its flag, and shall undertake educational activities to promote awareness and implementation of the standards referred to in this paragraph.

Texto do artigo · p. 182 2. Each Member shall ensure that ships that fly its flag meet the following min- imum standards: (a) food and drinking water supplies, having regard to the number of seafarers on board, their religious requirements and cultural practices as they pertain to food, and the duration and nature of the voyage, shall be suitable in respect of quantity, nutritional value, quality and variety; (b) the organization and equipment of the catering department shall be such as to permit the provision to the seafarers of adequate, varied and nutritious meals prepared and served in hygienic conditions; and (c) catering staff shall be properly trained or instructed for their positions.

Texto do artigo · p. 182 3. Shipowners shall ensure that seafarers who are engaged as ships’ cooks are trained, qualified and found competent for the position in accordance with require- ments set out in the laws and regulations of the Member concerned.

Texto do artigo · p. 182 4. The requirements under paragraph 3 of this Standard shall include a comple- tion of a training course approved or recognized by the competent authority, which covers practical cookery, food and personal hygiene, food storage, stock control, and environmental protection and catering health and safety.

Texto do artigo · p. 182 5. On ships operating with a prescribed manning of less than ten which, by vir- tue of the size of the crew or the trading pattern, may not be required by the competent authority to carry a fully qualified cook, anyone processing food in the galley shall be trained or instructed in areas including food and personal hygiene as well as handling and storage of food on board ship.

Texto do artigo · p. 182 6. In circumstances of exceptional necessity, the competent authority may issue a dispensation permitting a non-fully qualified cook to serve in a specified ship for a specified limited period, until the next convenient port of call or for a period not ex- ceeding one month, provided that the person to whom the dispensation is issued is trained or instructed in areas including food and personal hygiene as well as handling and storage of food on board ship.

Texto do artigo · p. 182 7. In accordance with the ongoing compliance procedures under Title 5, the competent authority shall require that frequent documented inspections be carried out on board ships, by or under the authority of the master, with respect to:

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Texto do artigo · p. 183 Accommodation, recreational facilities, food and catering (a) supplies of food and drinking water; (b) all spaces and equipment used for the storage and handling of food and drinking water; and (c) galley and other equipment for the preparation and service of meals.

Texto do artigo · p. 183 8. No seafarer under the age of 18 shall be employed or engaged or work as a ship’s cook. Guideline B3.2 – Food and catering Guideline B3.2.1 – Inspection, education, research and publication

Texto do artigo · p. 183 1. The competent authority should, in cooperation with other relevant agencies and organizations, collect up-to-date information on nutrition and on methods of purchasing, storing, preserving, cooking and serving food, with special reference to the requirements of catering on board a ship. This information should be made available, free of charge or at reasonable cost, to manufacturers of and traders in ships’ food supplies and equipment, masters, stewards and cooks, and to shipowners’ and seafarers’ organizations concerned. Appropriate forms of publicity, such as manuals, brochures, posters, charts or advertisements in trade journals, should be used for this purpose.

Texto do artigo · p. 183 2. The competent authority should issue recommendations to avoid wastage of food, facilitate the maintenance of a proper standard of hygiene, and ensure the maximum practicable convenience in working arrangements.

Texto do artigo · p. 183 3. The competent authority should work with relevant agencies and organizations to develop educational materials and on-board information concerning methods of ensuring proper food supply and catering services.

Texto do artigo · p. 183 4. The competent authority should work in close cooperation with the shipowners’ and seafarers’ organizations concerned and with national or local authorities dealing with questions of food and health, and may where necessary utilize the services of such authorities. Guideline B3.2.2 – Ships’ cooks

Texto do artigo · p. 183 1. Seafarers should only be qualified as ships’ cooks if they have: (a) served at sea for a minimum period to be prescribed by the competent authority, which could be varied to take into account existing relevant qualifications or experience; (b) passed an examination prescribed by the competent authority or passed an equivalent examination at an approved training course for cooks.

Texto do artigo · p. 183 2. The prescribed examination may be conducted and certificates granted either directly by the competent authority or, subject to its control, by an approved school for the training of cooks.

Texto do artigo · p. 183 3. The competent authority should provide for the recognition, where appropriate, of certificates of qualification as ships’ cooks issued by other Members, which have ratified this Convention or the Certification of Ships’ Cooks Convention, 1946 (No. 69), or other approved body.

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Texto do artigo · p. 184 TITLE 4. HEALTH PROTECTION, MEDICAL CARE, WELFARE AND SOCIAL SECURITY PROTECTION Regulation 4.1 – Medical care on board ship and ashore Purpose: To protect the health of seafarers and ensure their prompt access to medical care on board ship and ashore

Texto do artigo · p. 184 1. Each Member shall ensure that all seafarers on ships that fly its flag are covered by adequate measures for the protection of their health and that they have access to prompt and adequate medical care whilst working on board.

Texto do artigo · p. 184 2. The protection and care under paragraph 1 of this Regulation shall, in principle, be provided at no cost to the seafarers.

Texto do artigo · p. 184 3. Each Member shall ensure that seafarers on board ships in its territory who are in need of immediate medical care are given access to the Member’s medical facilities on shore.

Texto do artigo · p. 184 4. The requirements for on-board health protection and medical care set out in the Code include standards for measures aimed at providing seafarers with health protection and medical care as comparable as possible to that which is generally available to workers ashore. Standard A4.1 – Medical care on board ship and ashore

Texto do artigo · p. 184 1. Each Member shall ensure that measures providing for health protection and medical care, including essential dental care, for seafarers working on board a ship that flies its flag are adopted which: (a) ensure the application to seafarers of any general provisions on occupational health protection and medical care relevant to their duties, as well as of special provisions specific to work on board ship; (b) ensure that seafarers are given health protection and medical care as comparable as possible to that which is generally available to workers ashore, including prompt access to the necessary medicines, medical equipment and facilities for diagnosis and treatment and to medical information and expertise; (c) give seafarers the right to visit a qualified medical doctor or dentist without delay in ports of call, where practicable; (d) ensure that, to the extent consistent with the Member’s national law and practice, medical care and health protection services while a seafarer is on board ship or landed in a foreign port are provided free of charge to seafarers; and (e) are not limited to treatment of sick or injured seafarers but include measures of a preventive character such as health promotion and health education programmes.

Texto do artigo · p. 184 2. The competent authority shall adopt a standard medical report form for use by the ships’ masters and relevant onshore and on-board medical personnel. The form,

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Texto do artigo · p. 185 Health protection, medical care, welfare and social security prote when completed, and its contents shall be kept confidential and shall only be us facilitate the treatment of seafarers.

Texto do artigo · p. 185 3. Each Member shall adopt laws and regulations establishing requireme on-board hospital and medical care facilities and equipment and training on ships fly its flag.

Texto do artigo · p. 185 4. National laws and regulations shall as a minimum provide for the follow requirements: (a) all ships shall carry a medicine chest, medical equipment and a medical guide, specifics of which shall be prescribed and subject to regular inspection by the cc petent authority; the national requirements shall take into account the type of sh the number of persons on board and the nature, destination and dura voyages and relevant national and international recommended medical standar (b) ships carrying 100 or more persons and ordinarily engaged on internation voyages of more than three days' duration shall carry a qualified medical doct who is responsible for providing medical care; national laws or regulations sh also specify which other ships shall be required to carry a medical doctor, taki into account, inter alia, such factors as the duration, nature and conditions of th voyage and the number of seafarers on board; (c) ships which do not carry a medical doctor shall be required to have either at lea one seafarer on board who is in charge of medical care and administering medi cine as part of their regular duties or at least one seafarer on board competent t provide medical first aid; persons in charge of medical care on board who are n medical doctors shall have satisfactorily completed training in medical care tha meets the requirements of the International Convention on Standards of Train ing, Certification and Watchkeeping for Seafarers, 1978, as amended (“STCW”) seafarers designated to provide medical first aid shall have satisfactorily com pleted training in medical first aid that meets the requirements of STCW national laws or regulations shall specify the level of approved training require taking into account, inter alia, such factors as the duration, nature and conditions of the voyage and the number of seafarers on board; and (d) the competent authority shall ensure by a prearranged system that medical ad vice by radio or satellite communication to ships at sea, including specialist advice, is available 24 hours a day; medical advice, including the onward trans mission of medical messages by radio or satellite communication between a ship and those ashore giving the advice, shall be available free of charge to all ships irrespective of the flag that they fly. Guideline B4.1 – Medical care on board ship and ashore Guideline B4.1.1 – Provision of medical care

Texto do artigo · p. 185 1. When determining the level of medical training to be provided on board ships that are not required to carry a medical doctor, the competent authority should require (a) ships which ordinarily are capable of reaching qualified medical care and medical facilities within eight hours should have at least one designated seafarer with the approved medical first-aid training required by STCW which will enable such persons to take immediate, effective action in case of accidents or illnesses likely

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Texto do artigo · p. 186 Maritime Labour Convention, 2006 to occur on board a ship and to make use of medical advice by radio or satellite communication; and (b) all other ships should have at least one designated seafarer with approved training in medical care required by STCW, including practical training and training in life-saving techniques such as intravenous therapy, which will enable the persons concerned to participate effectively in coordinated schemes for medical assistance to ships at sea, and to provide the sick or injured with a satisfactory standard of medical care during the period they are likely to remain on board.

Texto do artigo · p. 186 2. The training referred to in paragraph 1 of this Guideline should be based on the contents of the most recent editions of the International Medical Guide for Ships, the Medical First Aid Guide for Use in Accidents Involving Dangerous Goods, the Document for Guidance – An International Maritime Training Guide, and the medical section of the International Code of Signals as well as similar national guidance.

Texto do artigo · p. 186 3. Persons referred to in paragraph 1 of this Guideline and such other seafarers as may be required by the competent authority should undergo, at approximately five-year intervals, refresher courses to enable them to maintain and increase their knowledge and skills and to keep up-to-date with new developments.

Texto do artigo · p. 186 4. The medicine chest and its contents, as well as the medical equipment and medical guide carried on board, should be properly maintained and inspected at regular intervals, not exceeding 12 months, by responsible persons designated by competent authority, who should ensure that the labelling, expiry dates and conditions of storage of all medicines and directions for their use are checked and all equipment functioning as required. In adopting or reviewing the ship’s medical guide used nationally, and in determining the contents of the medicine chest and medical equipment, the competent authority should take into account international recommendations in this field, including the latest edition of the International Medical Guide for Ships, and other guides mentioned in paragraph 2 of this Guideline.

Texto do artigo · p. 186 5. Where a cargo which is classified dangerous has not been included in the most recent edition of the Medical First Aid Guide for Use in Accidents Involving Dangerous Goods, the necessary information on the nature of the substances, the risks involved, the relevant personal protective devices, the relevant medical procedures and specific antidotes should be made available to the seafarers. Such specific antidotes and personal protective devices should be on board whenever dangerous goods are carried. This information should be integrated with the ship’s policies and programmes on occupational safety and health described in Regulation 4.3 and related Code provisions.

Texto do artigo · p. 186 6. All ships should carry a complete and up-to-date list of radio stations through which medical advice can be obtained; and, if equipped with a system of satellite communication, carry an up-to-date and complete list of coast earth stations through which medical advice can be obtained. Seafarers with responsibility for medical care or medical first aid on board should be instructed in the use of the ship’s medical guide and the medical section of the most recent edition of the International Code of Signals, so as to enable them to understand the type of information needed by the advising doctor as well as the advice received. Guideline B4.1.2 – Medical report form

Texto do artigo · p. 186 1. The standard medical report form for seafarers required under Part A of this Code should be designed to facilitate the exchange of medical and related information concerning individual seafarers between ship and shore in cases of illness or injury.

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Texto do artigo · p. 187 Health protection, medical care, welfare and social security protection Guideline B4.1.3 – Medical care ashore

Texto do artigo · p. 187 1. Shore-based medical facilities for treating seafarers should be adequate for the purposes. The doctors, dentists and other medical personnel should be properly qualified.

Texto do artigo · p. 187 2. Measures should be taken to ensure that seafarers have access when in port to: (a) outpatient treatment for sickness and injury; (b) hospitalization when necessary; and (c) facilities for dental treatment, especially in cases of emergency.

Texto do artigo · p. 187 3. Suitable measures should be taken to facilitate the treatment of seafarers suffering from disease. In particular, seafarers should be promptly admitted to clinics and hospitals ashore, without difficulty and irrespective of nationality or religious belief, and, whenever possible, arrangements should be made to ensure, when necessary, continuation of treatment to supplement the medical facilities available to them. Guideline B4.1.4 – Medical assistance to other ships and international cooperation

Texto do artigo · p. 187 1. Each Member should give due consideration to participating in international cooperation in the area of assistance, programmes and research in health protection and medical care. Such cooperation might cover: (a) developing and coordinating search and rescue efforts and arranging prompt medical help and evacuation at sea for the seriously ill or injured on board a ship through such means as periodic ship position reporting systems, rescue coordination centres and emergency helicopter services, in conformity with the International Convention on Maritime Search and Rescue, 1979, as amended, and the International Aeronautical and Maritime Search and Rescue (IAMSAR) Manual; (b) making optimum use of all ships carrying a doctor and stations ships at sea which can provide hospital and rescue facilities; (c) compiling and maintaining an international list of doctors and medical care facilities available worldwide to provide emergency medical care to seafarers; (d) landing seafarers ashore for emergency treatment; (e) repatriating seafarers hospitalized abroad as soon as practicable, in accordance with the medical advice of the doctors responsible for the case, which takes into account the seafarer’s wishes and needs; (f) arranging personal assistance for seafarers during repatriation, in accordance with the medical advice of the doctors responsible for the case, which takes into account the seafarer’s wishes and needs; (g) endeavouring to set up health centres for seafarers to: (i) conduct research on the health status, medical treatment and preventive health care of seafarers; and (ii) train medical and health service staff in maritime medicine; (h) collecting and evaluating statistics concerning occupational accidents, diseases and fatalities of seafarers and integrating and harmonizing the statistics with any existing national system of statistics on occupational accidents and diseases concerning other categories of workers; (i) organizing international exchanges of technical information, training material and personnel, as well as international training courses, seminars and working groups;

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Texto do artigo · p. 188 Maritime Labour Convention, 2006 (j) providing all seafarers with special curative and preventive health and medical services in port, or making available to them general health, medical and re- habilitation services; and (k) arranging for the repatriation of the bodies or ashes of deceased seafarers, in ac- cordance with the wishes of the next of kin and as soon as practicable.

Texto do artigo · p. 188 2. International cooperation in the field of health protection and medical care for seafarers should be based on bilateral or multilateral agreements or consultations among Members. Guideline B4.1.5 – Dependants of seafarers

Texto do artigo · p. 188 1. Each Member should adopt measures to secure proper and sufficient medi- cal care for the dependants of seafarers domiciled in its territory pending the develop- ment of a medical care service which would include within its scope workers generally and their dependants where such services do not exist and should inform the Inter- national Labour Office concerning the measures taken for this purpose. Regulation 4.2 – Shipowners’ liability Purpose: To ensure that seafarers are protected from the financial consequences of sickness, injury or death occurring in connection with their employment

Texto do artigo · p. 188 1. Each Member shall ensure that measures, in accordance with the Code, are in place on ships that fly its flag to provide seafarers employed on the ships with a right to material assistance and support from the shipowner with respect to the financial conse- quences of sickness, injury or death occurring while they are serving under a seafarers’ employment agreement or arising from their employment under such agreement.

Texto do artigo · p. 188 2. This Regulation does not affect any other legal remedies that a seafarer may seek. Standard A4.2 – Shipowners’ liability

Texto do artigo · p. 188 1. Each Member shall adopt laws and regulations requiring that shipowners of ships that fly its flag are responsible for health protection and medical care of all sea- farers working on board the ships in accordance with the following minimum standards: (a) shipowners shall be liable to bear the costs for seafarers working on their ships in respect of sickness and injury of the seafarers occurring between the date of com- mencing duty and the date upon which they are deemed duly repatriated, or aris- ing from their employment between those dates; (b) shipowners shall provide financial security to assure compensation in the event of death or long-term disability of seafarers due to an occupational injury, ill- ness or hazard, as set out in national law, the seafarers’ employment agreement or collective agreement; (c) shipowners shall be liable to defray the expense of medical care, including med- ical treatment and the supply of the necessary medicines and therapeutic appli- ances, and board and lodging away from home until the sick or injured seafarer has recovered, or until the sickness or incapacity has been declared of a perma- nent character; and

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Texto do artigo · p. 189 Health protection, medical care, welfare and social security protection (d) shipowners shall be liable to pay the cost of burial expenses in the case of death occurring on board or ashore during the period of engagement.

Texto do artigo · p. 189 2. National laws or regulations may limit the liability of the shipowner to defray the expense of medical care and board and lodging to a period which shall not be less than 16 weeks from the day of the injury or the commencement of the sickness.

Texto do artigo · p. 189 3. Where the sickness or injury results in incapacity for work the shipowner shall be liable: (a) to pay full wages as long as the sick or injured seafarers remain on board or until the seafarers have been repatriated in accordance with this Convention; and (b) to pay wages in whole or in part as prescribed by national laws or regulations or as provided for in collective agreements from the time when the seafarers are repatriated or landed until their recovery or, if earlier, until they are entitled to cash benefits under the legislation of the Member concerned.

Texto do artigo · p. 189 4. National laws or regulations may limit the liability of the shipowner to pay wages in whole or in part in respect of a seafarer no longer on board to a period which shall not be less than 16 weeks from the day of the injury or the commencement of the sickness.

Texto do artigo · p. 189 5. National laws or regulations may exclude the shipowner from liability in respect of: (a) injury incurred otherwise than in the service of the ship; (b) injury or sickness due to the wilful misconduct of the sick, injured or deceased seafarer; and (c) sickness or infirmity intentionally concealed when the engagement is entered into.

Texto do artigo · p. 189 6. National laws or regulations may exempt the shipowner from liability to defray the expense of medical care and board and lodging and burial expenses in so far as such liability is assumed by the public authorities.

Texto do artigo · p. 189 7. Shipowners or their representatives shall take measures for safeguarding property left on board by sick, injured or deceased seafarers and for returning it to them or to their next of kin. Guideline B4.2 – Shipowners’ liability

Texto do artigo · p. 189 1. The payment of full wages required by Standard A4.2, paragraph 3(a), may be exclusive of bonuses.

Texto do artigo · p. 189 2. National laws or regulations may provide that a shipowner shall cease to be liable to bear the costs of a sick or injured seafarer from the time at which that seafarer can claim medical benefits under a scheme of compulsory sickness insurance, compulsory accident insurance or workers’ compensation for accidents.

Texto do artigo · p. 189 3. National laws or regulations may provide that burial expenses paid by the shipowner shall be reimbursed by an insurance institution in cases in which funeral benefit is payable in respect of the deceased seafarer under laws or regulations relating to social insurance or workers’ compensation.

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Texto do artigo · p. 190 Maritime Labour Convention, 2006 Regulation 4.3 — Health and safety protection and accident prevention Purpose: To ensure that seafarers’ work environment on board ships promotes occupational safety and health

Texto do artigo · p. 190 1. Each Member shall ensure that seafarers on ships that fly its flag are provided with occupational health protection and live, work and train on board ship in a safe and hygienic environment.

Texto do artigo · p. 190 2. Each Member shall develop and promulgate national guidelines for the management of occupational safety and health on board ships that fly its flag, after consultation with representative shipowners’ and seafarers’ organizations and taking into account applicable codes, guidelines and standards recommended by international organizations, national administrations and maritime industry organizations.

Texto do artigo · p. 190 3. Each Member shall adopt laws and regulations and other measures addressing the matters specified in the Code, taking into account relevant international instruments, and set standards for occupational safety and health protection and accident prevention on ships that fly its flag. Standard A4.3 — Health and safety protection and accident prevention

Texto do artigo · p. 190 1. The laws and regulations and other measures to be adopted in accordance with Regulation 4.3, paragraph 3, shall include the following subjects: (a) the adoption and effective implementation and promotion of occupational safety and health policies and programmes on ships that fly the Member’s flag, including risk evaluation as well as training and instruction of seafarers; (b) reasonable precautions to prevent occupational accidents, injuries and diseases on board ship, including measures to reduce and prevent the risk of exposure to harmful levels of ambient factors and chemicals as well as the risk of injury or disease that may arise from the use of equipment and machinery on board ships; (c) on-board programmes for the prevention of occupational accidents, injuries and diseases and for continuous improvement in occupational safety and health protection, involving seafarers’ representatives and all other persons concerned in their implementation, taking account of preventive measures, including engineering and design control, substitution of processes and procedures for collective and individual tasks, and the use of personal protective equipment; and (d) requirements for inspecting, reporting and correcting unsafe conditions and for investigating and reporting on-board occupational accidents.

Texto do artigo · p. 190 2. The provisions referred to in paragraph 1 of this Standard shall: (a) take account of relevant international instruments dealing with occupational safety and health protection in general and with specific risks, and address all matters relevant to the prevention of occupational accidents, injuries and diseases that may be applicable to the work of seafarers and particularly those which are specific to maritime employment; (b) clearly specify the obligation of shipowners, seafarers and others concerned to comply with the applicable standards and with the ship’s occupational safety and health policy and programme with special attention being paid to the safety and health of seafarers under the age of 18;

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Texto do artigo · p. 191 Health protection, medical care, welfare and social security protection (c) specify the duties of the master or a person designated by the master, or both, to take specific responsibility for the implementation of and compliance with the ship’s occupational safety and health policy and programme; and (d) specify the authority of the ship’s seafarers appointed or elected as safety representatives to participate in meetings of the ship’s safety committee. Such a committee shall be established on board a ship on which there are five or more seafarers.

Texto do artigo · p. 191 3. The laws and regulations and other measures referred to in Regulation 4.3, paragraph 3, shall be regularly reviewed in consultation with the representatives of shipowners’ and seafarers’ organizations and, if necessary, revised to take account of changes in technology and research in order to facilitate continuous improvement in occupational safety and health policies and programmes and to provide a safe occupational environment for seafarers on ships that fly the Member’s flag.

Texto do artigo · p. 191 4. Compliance with the requirements of applicable international instruments on the acceptable levels of exposure to workplace hazards on board ships and on the development and implementation of ships’ occupational safety and health policies and programmes shall be considered as meeting the requirements of this Convention.

Texto do artigo · p. 191 5. The competent authority shall ensure that: (a) occupational accidents, injuries and diseases are adequately reported, taking into account the guidance provided by the International Labour Organization with respect to the reporting and recording of occupational accidents and diseases; (b) comprehensive statistics of such accidents and diseases are kept, analysed and published and, where appropriate, followed up by research into general trends and into the hazards identified; and (c) occupational accidents are investigated.

Texto do artigo · p. 191 6. Reporting and investigation of occupational safety and health matters shall be designed to ensure the protection of seafarers’ personal data, and shall take account of the guidance provided by the International Labour Organization on this matter.

Texto do artigo · p. 191 7. The competent authority shall cooperate with shipowners’ and seafarers’ organizations to take measures to bring to the attention of all seafarers information concerning particular hazards on board ships, for instance, by posting official notices containing relevant instructions.

Texto do artigo · p. 191 8. The competent authority shall require that shipowners conducting risk evaluation in relation to management of occupational safety and health refer to appropriate statistical information from their ships and from general statistics provided by the competent authority. Guideline B4.3 – Health and safety protection and accident prevention Guideline B4.3.1 – Provisions on occupational accidents, injuries and diseases

Texto do artigo · p. 191 1. The provisions required under Standard A4.3 should take into account the ILO code of practice entitled Accident prevention on board ship at sea and in port, 1996, and subsequent versions and other related ILO and other international standards and guidelines and codes of practice regarding occupational safety and health protection, including any exposure levels that they may identify.

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Texto do artigo · p. 192 Maritime Labour Convention, 2006

Texto do artigo · p. 192 2. The competent authority should ensure that the national guidelines for the management of occupational safety and health address the following matters, in particular: (a) general and basic provisions; (b) structural features of the ship, including means of access and asbestos-related risks; (c) machinery; (d) the effects of the extremely low or high temperature of any surfaces with which seafarers may be in contact; (e) the effects of noise in the workplace and in shipboard accommodation; (f) the effects of vibration in the workplace and in shipboard accommodation; (g) the effects of ambient factors, other than those referred to in subparagraphs (e) and (f), in the workplace and in shipboard accommodation, including tobacco smoke; (h) special safety measures on and below deck; (i) loading and unloading equipment; (j) fire prevention and fire-fighting; (k) anchors, chains and lines; (l) dangerous cargo and ballast; (m) personal protective equipment for seafarers; (n) work in enclosed spaces; (o) physical and mental effects of fatigue; (p) the effects of drug and alcohol dependency; (q) HIV/AIDS protection and prevention; and (r) emergency and accident response.

Texto do artigo · p. 192 3. The assessment of risks and reduction of exposure on the matters referred to in paragraph 2 of this Guideline should take account of the physical occupational health effects, including manual handling of loads, noise and vibration, the chemical and biological occupational health effects, the mental occupational health effects, the physical and mental health effects of fatigue, and occupational accidents. The necessary measures should take due account of the preventive principle according to which, among other things, combating risk at the source, adapting work to the individual, es- pecially as regards the design of workplaces, and replacing the dangerous by the non- dangerous or the less dangerous, have precedence over personal protective equipment for seafarers.

Texto do artigo · p. 192 4. In addition, the competent authority should ensure that the implications for health and safety are taken into account, particularly in the following areas: (a) emergency and accident response; (b) the effects of drug and alcohol dependency; and (c) HIV/AIDS protection and prevention. Guideline B4.3.2 — Exposure to noise

Texto do artigo · p. 192 1. The competent authority, in conjunction with the competent international bodies and with representatives of shipowners’ and seafarers’ organizations concerned,

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Texto do artigo · p. 193 Health protection, medical care, welfare and social security protection should review on an ongoing basis the problem of noise on board ships with the objective of improving the protection of seafarers, in so far as practicable, from the adverse effects of exposure to noise.

Texto do artigo · p. 193 2. The review referred to in paragraph 1 of this Guideline should take account of the adverse effects of exposure to excessive noise on the hearing, health and comfort of seafarers and the measures to be prescribed or recommended to reduce shipboard noise to protect seafarers. The measures to be considered should include the following: (a) instruction of seafarers in the dangers to hearing and health of prolonged ex- posure to high noise levels and in the proper use of noise protection devices and equipment; (b) provision of approved hearing protection equipment to seafarers where neces- sary; and (c) assessment of risk and reduction of exposure levels to noise in all accommodation and recreational and catering facilities, as well as engine rooms and other machin- ery spaces. Guideline B4.3.3 – Exposure to vibration

Texto do artigo · p. 193 1. The competent authority, in conjunction with the competent international bodies. and with representatives of shipowners' and seafarers' organizations concerned, and taking into account, as appropriate, relevant inter- national standards, should review on an ongoing basis the problem of vibration on board ships with the objective of improving the protection of seafarers, in so far as practicable, from the adverse effects of vibration.

Texto do artigo · p. 193 2. The review referred to in paragraph 1 of this Guideline should cover the effect of exposure to excessive vibration on the health and comfort of seafarers and the measures to be prescribed or recommended to reduce shipboard vibration to protect seafarers. The measures to be considered should include the following: (a) instruction of seafarers in the dangers to their health of prolonged exposure to vibration; (b) provision of approved personal protective equipment to seafarers where neces- sary; and (c) assessment of risks and reduction of exposure to vibration in all accommodation and recreational and catering facilities by adopting measures in accordance with the guidance provided by the ILO code of practice entitled Ambient factors in the workplace, 2001, and any subsequent revisions, taking account of the differ- ence between exposure in those areas and in the workplace. Guideline B4.3.4 – Obligations of shipowners

Texto do artigo · p. 193 1. Any obligation on the shipowner to provide protective equipment or other accident prevention safeguards should, in general, be accompanied by provisions requiring their use by seafarers and by a requirement for seafarers to comply with the relevant accident prevention and health protection measures.

Texto do artigo · p. 193 2. Account should also be taken of Articles 7 and 11 of the Guarding of Machinery Convention, 1963 (No. 119), and the corresponding provisions of the Guarding of Machinery Recommendation, 1963 (No. 118), under which the obligation to ensure compliance with the requirement that machinery in use is properly guarded, and its use

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Texto do artigo · p. 194 Maritime Labour Convention, 2006 without appropriate guards prevented, rests on the employer, while there is an obligation on the worker not to use machinery without the guards being in position nor to make in- operative the guards provided. Guideline B4.3.5 – Reporting and collection of statistics

Texto do artigo · p. 194 1. All occupational accidents and occupational injuries and diseases should be reported so that they can be investigated and comprehensive statistics can be kept, analysed and published, taking account of protection of the personal data of the sea- farers concerned. Reports should not be limited to fatalities or to accidents involving the ship.

Texto do artigo · p. 194 2. The statistics referred to in paragraph 1 of this Guideline should record the numbers, nature, causes and effects of occupational accidents and occupational in- juries and diseases, with a clear indication, as applicable, of the department on board a ship, the type of accident and whether at sea or in port.

Texto do artigo · p. 194 3. Each Member should have due regard to any international system or model for recording accidents to seafarers which may have been established by the Inter- national Labour Organization. Guideline B4.3.6 – Investigations

Texto do artigo · p. 194 1. The competent authority should undertake investigations into the causes and circumstances of all occupational accidents and occupational injuries and diseases re- sulting in loss of life or serious personal injury, and such other cases as may be specified in national laws or regulations.

Texto do artigo · p. 194 2. Consideration should be given to including the following as subjects of investigation: (a) working environment, such as working surfaces, layout of machinery, means of access, lighting and methods of work; (b) incidence in different age groups of occupational accidents and occupational in- juries and diseases; (c) special physiological or psychological problems created by the shipboard environment; (d) problems arising from physical stress on board a ship, in particular as a conse- quence of increased workload; (e) problems arising from and effects of technical developments and their influence on the composition of crews; and (f) problems arising from any human failures. Guideline B4.3.7 – National protection and prevention programmes

Texto do artigo · p. 194 1. In order to provide a sound basis for measures to promote occupational safety and health protection and prevention of accidents, injuries and diseases which are due to particular hazards of maritime employment, research should be undertaken into general trends and into such hazards as are revealed by statistics.

Texto do artigo · p. 194 2. The implementation of protection and prevention programmes for the promo- tion of occupational safety and health should be so organized that the competent authority, shipowners and seafarers or their representatives and other appropriate bodies may

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Texto do artigo · p. 195 Health protection, medical care, welfare and social security protection play an active role, including through such means as information sessions, on-board guidelines on maximum exposure levels to potentially harmful ambient workplace fac- tors and other hazards or outcomes of a systematic risk evaluation process. In particular, national or local joint occupational safety and health protection and accident prevention committees or ad hoc working parties and on-board committees, on which shipowners’ and seafarers’ organizations concerned are represented, should be established.

Texto do artigo · p. 195 3. Where such activity takes place at company level, the representation of sea- farers on any safety committee on board that shipowner’s ships should be considered. Guideline B4.3.8 – Content of protection and prevention programmes

Texto do artigo · p. 195 1. Consideration should be given to including the following in the functions of the committees and other bodies referred to in Guideline B4.3.7, paragraph 2: (a) the preparation of national guidelines and policies for occupational safety and health management systems and for accident prevention provisions, rules and manuals; (b) the organization of occupational safety and health protection and accident pre- vention training and programmes; (c) the organization of publicity on occupational safety and health protection and ac- cident prevention, including films, posters, notices and brochures; and (d) the distribution of literature and information on occupational safety and health protection and accident prevention so that it reaches seafarers on board ships.

Texto do artigo · p. 195 2. Relevant provisions or recommendations adopted by the appropriate national authorities or organizations or international organizations should be taken into account by those preparing texts of occupational safety and health protection and accident prevention measures or recommended practices.

Texto do artigo · p. 195 3. In formulating occupational safety and health protection and accident pre- vention programmes, each Member should have due regard to any code of practice concerning the safety and health of seafarers which may have been published by the International Labour Organization. Guideline B4.3.9 – Instruction in occupational safety and health protection and the prevention of occupational accidents

Texto do artigo · p. 195 1. The curriculum for the training referred to in Standard A4.3, paragraph 1(a), should be reviewed periodically and brought up to date in the light of development in types and sizes of ships and in their equipment, as well as changes in manning practices, nationality, language and the organization of work on board ships.

Texto do artigo · p. 195 2. There should be continuous occupational safety and health protection and accident prevention publicity. Such publicity might take the following forms: (a) educational audiovisual material, such as films, for use in vocational training cen- tres for seafarers and where possible shown on board ships; (b) display of posters on board ships; (c) inclusion in periodicals read by seafarers of articles on the hazards of maritime employment and on occupational safety and health protection and accident pre- vention measures; and (d) special campaigns using various publicity media to instruct seafarers, including campaigns on safe working practices.

Texto do artigo · p. 197 Health protection, medical care, welfare and social security protection

Texto do artigo · p. 197 2. In developing programmes for promoting occupational safety and health protection and prevention of accidents under Standard A4.3, each Member should have due regard to relevant codes of practice published by the International Labour Organization and the appropriate standards of international organizations.

Texto do artigo · p. 197 3. Members should have regard to the need for international cooperation in the continuous promotion of activity related to occupational safety and health protection and prevention of occupational accidents. Such cooperation might take the form of: (a) bilateral or multilateral arrangements for uniformity in occupational safety and health protection and accident prevention standards and safeguards; (b) exchange of information on particular hazards affecting seafarers and on means of promoting occupational safety and health protection and preventing accidents; (c) assistance in testing of equipment and inspection according to the national regulations of the flag State; (d) collaboration in the preparation and dissemination of occupational safety and health protection and accident prevention provisions, rules or manuals; (e) collaboration in the production and use of training aids; and (f) joint facilities for, or mutual assistance in, the training of seafarers in occupational safety and health protection, accident prevention and safe working practices. Regulation 4.4 – Access to shore-based welfare facilities Purpose: To ensure that seafarers working on board a ship have access to shore-based facilities and services to secure their health and well-being

Texto do artigo · p. 197 1. Each Member shall ensure that shore-based welfare facilities, where they exist, are easily accessible. The Member shall also promote the development of welfare facilities, such as those listed in the Code, in designated ports to provide seafarers on ships that are in its ports with access to adequate welfare facilities and services.

Texto do artigo · p. 197 2. The responsibilities of each Member with respect to shore-based facilities, such as welfare, cultural, recreational and information facilities and services, are set out in the Code. Standard A4.4 – Access to shore-based welfare facilities

Texto do artigo · p. 197 1. Each Member shall require, where welfare facilities exist on its territory, that they are available for the use of all seafarers, irrespective of nationality, race, colour, sex, religion, political opinion or social origin and irrespective of the flag State of the ship on which they are employed or engaged or work.

Texto do artigo · p. 197 2. Each Member shall promote the development of welfare facilities in appropriate ports of the country and determine, after consultation with the shipowners' and seafarers' organizations concerned, which ports are to be regarded as appropriate.

Texto do artigo · p. 197 3. Each Member shall encourage the establishment of welfare boards which shall regularly review welfare facilities and services to ensure that they are appropriate in the light of changes in the needs of seafarers resulting from technical, operational and other developments in the shipping industry.

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Texto do artigo · p. 198 Maritime Labour Convention, 2006 Guideline B4.4 – Access to shore-based welfare facilities Guideline B4.4.1 – Responsibilities of Members

Texto do artigo · p. 198 1. Each Member should: (a) take measures to ensure that adequate welfare facilities and services are provided for seafarers in designated ports of call and that adequate protection is provided to seafarers in the exercise of their profession; and (b) take into account, in the implementation of these measures, the special needs of seafarers, especially when in foreign countries and when entering war zones, in respect of their safety, health and spare-time activities.

Texto do artigo · p. 198 2. Arrangements for the supervision of welfare facilities and services should in- clude participation by representative shipowners' and seafarers' organizations concerned.

Texto do artigo · p. 198 3. Each Member should take measures designed to expedite the free circulation among ships, central supply agencies and welfare establishments of welfare materials such as films, books, newspapers and sports equipment for use by seafarers on board their ships and in welfare centres ashore.

Texto do artigo · p. 198 4. Members should cooperate with one another in promoting the welfare of seafarers at sea and in port. Such cooperation should include the following: (a) consultations among competent authorities aimed at the provision and improve- ment of seafarers' welfare facilities and services, both in port and on board ships; (b) agreements on the pooling of resources and the joint provision of welfare facil- ities in major ports so as to avoid unnecessary duplication; (c) organization of international sports competitions and encouragement of the par- ticipation of seafarers in sports activities; and (d) organization of international seminars on the subject of welfare of seafarers at sea and in port. Guideline B4.4.2 – Welfare facilities and services in ports

Texto do artigo · p. 198 1. Each Member should provide or ensure the provision of such welfare facil- ities and services as may be required, in appropriate ports of the country.

Texto do artigo · p. 198 2. Welfare facilities and services should be provided, in accordance with national conditions and practice, by one or more of the following: (a) public authorities; (b) shipowners' and seafarers' organizations concerned under collective agreements or other agreed arrangements; and (c) voluntary organizations.

Texto do artigo · p. 198 3. Necessary welfare and recreational facilities should be established or devel- oped in ports. These should include: (a) meeting and recreation rooms as required; (b) facilities for sports and outdoor facilities, including competitions; (c) educational facilities; and (d) where appropriate, facilities for religious observances and for personal counselling.

Texto do artigo · p. 198 4. These facilities may be provided by making available to seafarers in accord- ance with their needs facilities designed for more general use.

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Texto do artigo · p. 199 . Health protection, medical care, welfare and social security protection

Texto do artigo · p. 199 5. Where large numbers of seafarers of different nationalities require facilities such as hotels, clubs and sports facilities in a particular port, the competent authorities or bodies of the countries of origin of the seafarers and of the flag States, as well as the international associations concerned, should consult and cooperate with the competent authorities and bodies of the country in which the port is situated and with one another, with a view to the pooling of resources and to avoiding unnecessary duplication.

Texto do artigo · p. 199 6. Hotels or hostels suitable for seafarers should be available where there is need for them. They should provide facilities equal to those found in a good-class hotel, and should wherever possible be located in good surroundings away from the immediate vicinity of the docks. Such hotels or hostels should be properly supervised, the prices charged should be reasonable in amount and, where necessary and possible, provision should be made for accommodating seafarers’ families.

Texto do artigo · p. 199 7. These accommodation facilities should be open to all seafarers, irrespective of nationality, race, colour, sex, religion, political opinion or social origin and irrespective of the flag State of the ship on which they are employed or engaged or work. Without in any way infringing this principle, it may be necessary in certain ports to provide several types of facilities, comparable in standard but adapted to the customs and needs of different groups of seafarers.

Texto do artigo · p. 199 8. Measures should be taken to ensure that, as necessary, technically competent persons are employed full time in the operation of seafarers’ welfare facilities and services, in addition to any voluntary workers. Guideline B4.4.3 – Welfare boards

Texto do artigo · p. 199 1. Welfare boards should be established, at the port, regional and national levels, as appropriate. Their functions should include: (a) keeping under review the adequacy of existing welfare facilities and monitoring the need for the provision of additional facilities or the withdrawal of underutilized facilities; and (b) assisting and advising those responsible for providing welfare facilities and ensuring coordination between them.

Texto do artigo · p. 199 2. Welfare boards should include among their members representatives of shipowners’ and seafarers’ organizations, the competent authorities and, where appropriate, voluntary organizations and social bodies.

Texto do artigo · p. 199 3. As appropriate, consuls of maritime States and local representatives of foreign welfare organizations should, in accordance with national laws and regulations, be associated with the work of port, regional and national welfare boards. Guideline B4.4.4 – Financing of welfare facilities

Texto do artigo · p. 199 1. In accordance with national conditions and practice, financial support for port welfare facilities should be made available through one or more of the following: (a) grants from public funds; (b) levies or other special dues from shipping sources; (c) voluntary contributions from shipowners, seafarers, or their organizations; and (d) voluntary contributions from other sources.

Texto do artigo · p. 199 2. Where welfare taxes, levies and special dues are imposed, they should be used only for the purposes for which they are raised.

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Texto do artigo · p. 200 Maritime Labour Convention, 2006 Guideline B4.4.5 – Dissemination of information and facilitation measures

Texto do artigo · p. 200 1. Information should be disseminated among seafarers concerning facilities open to the general public in ports of call, particularly transport, welfare, entertain- ment and educational facilities and places of worship, as well as facilities provided spe- cifically for seafarers.

Texto do artigo · p. 200 2. Adequate means of transport at moderate prices should be available at any reasonable time in order to enable seafarers to reach urban areas from convenient locations in the port.

Texto do artigo · p. 200 3. All suitable measures should be taken by the competent authorities to make known to shipowners and to seafarers entering port any special laws and customs, the contravention of which may jeopardize their freedom.

Texto do artigo · p. 200 4. Port areas and access roads should be provided by the competent authorities with adequate lighting and signposting and regular patrols for the protection of seafarers. Guideline B4.4.6 – Seafarers in a foreign port

Texto do artigo · p. 200 1. For the protection of seafarers in foreign ports, measures should be taken to facilitate: (a) access to consuls of their State of nationality or State of residence; and (b) effective cooperation between consuls and the local or national authorities.

Texto do artigo · p. 200 2. Seafarers who are detained in a foreign port should be dealt with promptly under due process of law and with appropriate consular protection.

Texto do artigo · p. 200 3. Whenever a seafarer is detained for any reason in the territory of a Member, the competent authority should, if the seafarer so requests, immediately inform the flag State and the State of nationality of the seafarer. The competent authority should promptly inform the seafarer of the right to make such a request. The State of nation- ality of the seafarer should promptly notify the seafarer’s next of kin. The competent authority should allow consular officers of these States immediate access to the seafarer and regular visits thereafter so long as the seafarer is detained.

Texto do artigo · p. 200 4. Each Member should take measures, whenever necessary, to ensure the safety of seafarers from aggression and other unlawful acts while ships are in their terri- torial waters and especially in approaches to ports.

Texto do artigo · p. 200 5. Every effort should be made by those responsible in port and on board a ship to facilitate shore leave for seafarers as soon as possible after a ship’s arrival in port. Regulation 4.5 – Social security Purpose: To ensure that measures are taken with a view to providing seafarers with access to social security protection

Texto do artigo · p. 200 1. Each Member shall ensure that all seafarers and, to the extent provided for in its national law, their dependants have access to social security protection in ac- cordance with the Code without prejudice however to any more favourable conditions referred to in paragraph 8 of article 19 of the Constitution.

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Texto do artigo · p. 201 1 Health protection, medical care, welfare and social security protection

Texto do artigo · p. 201 2. Each Member undertakes to take steps, according to its national circum- stances, individually and through international cooperation, to achieve progressively comprehensive social security protection for seafarers.

Texto do artigo · p. 201 3. Each Member shall ensure that seafarers who are subject to its social security legislation and, to the extent provided for in its national law, their dependants, are en- titled to benefit from social security protection no less favourable than that enjoyed by shoreworkers. Standard A4.5 – Social security

Texto do artigo · p. 201 1. The branches to be considered with a view to achieving progressively com- prehensive social security protection under Regulation 4.5 are: medical care, sickness benefit, unemployment benefit, old-age benefit, employment injury benefit, family benefit, maternity benefit, invalidity benefit and survivors' benefit, complementing the protection provided for under Regulations 4.1, on medical care, and 4.2, on ship- owners' liability, and under other titles of this Convention.

Texto do artigo · p. 201 2. At the time of ratification, the protection to be provided by each Member in accordance with Regulation 4.5, paragraph 1, shall include at least three of the nine branches listed in paragraph 1 of this Standard.

Texto do artigo · p. 201 3. Each Member shall take steps according to its national circumstances to pro- vide the complementary social security protection referred to in paragraph 1 of this Standard to all seafarers ordinarily resident in its territory. This responsibility could be satisfied, for example, through appropriate bilateral or multilateral agreements or contribution-based systems. The resulting protection shall be no less favourable than that enjoyed by shoreworkers resident in their territory.

Texto do artigo · p. 201 4. Notwithstanding the attribution of responsibilities in paragraph 3 of this Standard, Members may determine, through bilateral and multilateral agreements and through provisions adopted in the framework of regional economic integration organ- izations, other rules concerning the social security legislation to which seafarers are subject.

Texto do artigo · p. 201 5. Each Member's responsibilities with respect to seafarers on ships that fly its flag shall include those provided for by Regulations 4.1 and 4.2 and the related provi- sions of the Code, as well as those that are inherent in its general obligations under international law.

Texto do artigo · p. 201 6. Each Member shall give consideration to the various ways in which compar- able benefits will, in accordance with national law and practice, be provided to sea- farers in the absence of adequate coverage in the branches referred to in paragraph 1 of this Standard.

Texto do artigo · p. 201 7. The protection under Regulation 4.5, paragraph 1, may, as appropriate, be contained in laws or regulations, in private schemes or in collective bargaining agree- ments or in a combination of these.

Texto do artigo · p. 201 8. To the extent consistent with their national law and practice, Members shall cooperate, through bilateral or multilateral agreements or other arrangements, to ensure the maintenance of social security rights, provided through contributory or non-contributory schemes, which have been acquired, or are in the course of acquisi- tion, by all seafarers regardless of residence.

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Texto do artigo · p. 203 TITLE 5. COMPLIANCE AND ENFORCEMENT

Texto do artigo · p. 203 1. The Regulations in this Title specify each Member’s responsibility to fully implement and enforce the principles and rights set out in the Articles of this Convention as well as the particular obligations provided for under its Titles 1, 2, 3 and 4.

Texto do artigo · p. 203 2. Paragraphs 3 and 4 of Article VI, which permit the implementation of Part A of the Code through substantially equivalent provisions, do not apply to Part A of the Code in this Title.

Texto do artigo · p. 203 3. In accordance with paragraph 2 of Article VI, each Member shall implement its responsibilities under the Regulations in the manner set out in the corresponding Standards of Part A of the Code, giving due consideration to the corresponding Guidelines in Part B of the Code.

Texto do artigo · p. 203 4. The provisions of this Title shall be implemented bearing in mind that seafarers and shipowners, like all other persons, are equal before the law and are entitled to the equal protection of the law and shall not be subject to discrimination in their access to courts, tribunals or other dispute resolution mechanisms. The provisions of this Title do not determine legal jurisdiction or a legal venue. Regulation 5.1 - Flag State responsibilities Purpose: To ensure that each Member implements its responsibilities under this Convention with respect to ships that fly its flag Regulation 5.1.1 - General principles

Texto do artigo · p. 203 1. Each Member is responsible for ensuring implementation of its obligations under this Convention on ships that fly its flag.

Texto do artigo · p. 203 2. Each Member shall establish an effective system for the inspection and certification of maritime labour conditions, in accordance with Regulations 5.1.3 and 5.1.4 ensuring that the working and living conditions for seafarers on ships that fly its flag meet, and continue to meet, the standards in this Convention.

Texto do artigo · p. 203 3. In establishing an effective system for the inspection and certification of maritime labour conditions, a Member may, where appropriate, authorize public institutions or other organizations (including those of another Member, if the latter agrees) which it recognizes as competent and independent to carry out inspections or to issue certificates or to do both. In all cases, the Member shall remain fully responsible for the inspection and certification of the working and living conditions of the seafarers concerned on ships that fly its flag.

Texto do artigo · p. 203 4. A maritime labour certificate, complemented by a declaration of maritime labour compliance, shall constitute prima facie evidence that the ship has been duly inspected by the Member whose flag it flies and that the requirements of this Convention

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Texto do artigo · p. 204 Maritime Labour Convention, 2006 relating to working and living conditions of the seafarers have been met to the extent so certified.

Texto do artigo · p. 204 5. Information about the system referred to in paragraph 2 of this Regulation, including the method used for assessing its effectiveness, shall be included in the Member’s reports to the International Labour Office pursuant to article 22 of the Constitution. Standard A5.1.1 – General principles

Texto do artigo · p. 204 1. Each Member shall establish clear objectives and standards covering the administration of its inspection and certification systems, as well as adequate overall procedures for its assessment of the extent to which those objectives and standards are being attained.

Texto do artigo · p. 204 2. Each Member shall require all ships that fly its flag to have a copy of this Convention available on board. Guideline B5.1.1 – General principles

Texto do artigo · p. 204 1. The competent authority should make appropriate arrangements to promote effective cooperation between public institutions and other organizations, referred to in Regulations 5.1.1 and 5.1.2, concerned with seafarers’ shipboard working and living conditions.

Texto do artigo · p. 204 2. In order to better ensure cooperation between inspectors and shipowners, seafarers and their respective organizations, and to maintain or improve seafarers’ working and living conditions, the competent authority should consult the representatives of such organizations at regular intervals as to the best means of attaining these ends. The manner of such consultation should be determined by the competent authority after consulting with shipowners’ and seafarers’ organizations. Regulation 5.1.2 – Authorization of recognized organizations

Texto do artigo · p. 204 1. The public institutions or other organizations referred to in paragraph 3 of Regulation 5.1.1 (“recognized organizations”) shall have been recognized by the competent authority as meeting the requirements in the Code regarding competency and independence. The inspection or certification functions which the recognized organizations may be authorized to carry out shall come within the scope of the activities that are expressly mentioned in the Code as being carried out by the competent authority or a recognized organization.

Texto do artigo · p. 204 2. The reports referred to in paragraph 5 of Regulation 5.1.1 shall contain information regarding any recognized organization, the extent of authorizations given and the arrangements made by the Member to ensure that the authorized activities are carried out completely and effectively. Standard A5.1.2 – Authorization of recognized organizations

Texto do artigo · p. 204 1. For the purpose of recognition in accordance with paragraph 1 of Regulation 5.1.2, the competent authority shall review the competency and independence of the organization concerned and determine whether the organization has demonstrated, to the extent necessary for carrying out the activities covered by the authorization conferred on it, that the organization:

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Texto do artigo · p. 205 Compliance and enforcement (a) has the necessary expertise in the relevant aspects of this Convention and an appropriate knowledge of ship operations, including the minimum requirements for seafarers to work on a ship, conditions of employment, accommodation, recreational facilities, food and catering, accident prevention, health protection, medical care, welfare and social security protection; (b) has the ability to maintain and update the expertise of its personnel; (c) has the necessary knowledge of the requirements of this Convention as well as of applicable national laws and regulations and relevant international instruments; and (d) is of the appropriate size, structure, experience and capability commensurate with the type and degree of authorization.

Texto do artigo · p. 205 2. Any authorizations granted with respect to inspections shall, as a minimum, empower the recognized organization to require the rectification of deficiencies that it identifies in seafarers’ working and living conditions and to carry out inspections in this regard at the request of a port State.

Texto do artigo · p. 205 3. Each Member shall establish: (a) a system to ensure the adequacy of work performed by recognized organizations, which includes information on all applicable national laws and regulations and relevant international instruments; and (b) procedures for communication with and oversight of such organizations.

Texto do artigo · p. 205 4. Each Member shall provide the International Labour Office with a current list of any recognized organizations authorized to act on its behalf and it shall keep this list up to date. The list shall specify the functions that the recognized organizations have been authorized to carry out. The Office shall make the list publicly available. Guideline B5.1.2 – Authorization of recognized organizations

Texto do artigo · p. 205 1. The organization seeking recognition should demonstrate the technical, administrative and managerial competence and capacity to ensure the provision of timely service of satisfactory quality.

Texto do artigo · p. 205 2. In evaluating the capability of an organization, the competent authority should determine whether the organization: (a) has adequate technical, managerial and support staff; (b) has sufficient qualified professional staff to provide the required service, representing an adequate geographical coverage; (c) has proven ability to provide a timely service of satisfactory quality; and (d) is independent and accountable in its operations.

Texto do artigo · p. 205 3. The competent authority should conclude a written agreement with any organization that it recognizes for purposes of an authorization. The agreement should include the following elements: (a) scope of application; (b) purpose; (c) general conditions; (d) the execution of functions under authorization; (e) legal basis of the functions under authorization;

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Texto do artigo · p. 206 Maritime Labour Convention, 2006 (f) reporting to the competent authority; (g) specification of the authorization from the competent authority to the recognized organization; and (h) the competent authority’s supervision of activities delegated to the recognized organization.

Texto do artigo · p. 206 4. Each Member should require the recognized organizations to develop a sys- tem for qualification of staff employed by them as inspectors to ensure the timely up- dating of their knowledge and expertise.

Texto do artigo · p. 206 5. Each Member should require the recognized organizations to maintain records of the services performed by them such that they are able to demonstrate achievement of the required standards in the items covered by the services.

Texto do artigo · p. 206 6. In establishing the oversight procedures referred to in Standard A5.1.2, para- graph 3(b), each Member should take into account the Guidelines for the Authoriza- tion of Organizations Acting on Behalf of the Administration, adopted in the frame- work of the International Maritime Organization. Regulation 5.1.3 – Maritime labour certificate and declaration of maritime labour compliance

Texto do artigo · p. 206 1. This Regulation applies to ships of: (a) 500 gross tonnage or over, engaged in international voyages; and (b) 500 gross tonnage or over, flying the flag of a Member and operating from a port, or between ports, in another country. For the purpose of this Regulation, “international voyage” means a voyage from a coun- try to a port outside such a country.

Texto do artigo · p. 206 2. This Regulation also applies to any ship that flies the flag of a Member and is not covered by paragraph 1 of this Regulation, at the request of the shipowner to the Member concerned.

Texto do artigo · p. 206 3. Each Member shall require ships that fly its flag to carry and maintain a mari- time labour certificate certifying that the working and living conditions of seafarers on the ship, including measures for ongoing compliance to be included in the declaration of maritime labour compliance referred to in paragraph 4 of this Regulation, have been inspected and meet the requirements of national laws or regulations or other measures implementing this Convention.

Texto do artigo · p. 206 4. Each Member shall require ships that fly its flag to carry and maintain a declaration of maritime labour compliance stating the national requirements imple- menting this Convention for the working and living conditions for seafarers and setting out the measures adopted by the shipowner to ensure compliance with the require- ments on the ship or ships concerned.

Texto do artigo · p. 206 5. The maritime labour certificate and the declaration of maritime labour com- pliance shall conform to the model prescribed by the Code.

Texto do artigo · p. 206 6. Where the competent authority of the Member or a recognized organization duly authorized for this purpose has ascertained through inspection that a ship that flies the Member’s flag meets or continues to meet the standards of this Convention, it shall issue or renew a maritime labour certificate to that effect and maintain a publicly available record of that certificate.

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Texto do artigo · p. 207 Compliance and enforcement

Texto do artigo · p. 207 7. Detailed requirements for the maritime labour certificate and the declara- tion of maritime labour compliance, including a list of the matters that must be in- spected and approved, are set out in Part A of the Code. Standard A5.1.3 – Maritime labour certificate and declaration of maritime labour compliance

Texto do artigo · p. 207 1. The maritime labour certificate shall be issued to a ship by the competent authority, or by a recognized organization duly authorized for this purpose, for a period which shall not exceed five years. A list of matters that must be inspected and found to meet national laws and regulations or other measures implementing the re- quirements of this Convention regarding the working and living conditions of seafarers on ships before a maritime labour certificate can be issued is found in Appendix A5-I.

Texto do artigo · p. 207 2. The validity of the maritime labour certificate shall be subject to an inter- mediate inspection by the competent authority, or by a recognized organization duly authorized for this purpose, to ensure continuing compliance with the national require- ments implementing this Convention. If only one intermediate inspection is carried out and the period of validity of the certificate is five years, it shall take place between the second and third anniversary dates of the certificate. Anniversary date means the day and month of each year which will correspond to the date of expiry of the maritime labour certificate. The scope and depth of the intermediate inspection shall be equal to an inspection for renewal of the certificate. The certificate shall be endorsed following satisfactory intermediate inspection.

Texto do artigo · p. 207 3. Notwithstanding paragraph 1 of this Standard, when the renewal inspection has been completed within three months before the expiry of the existing maritime labour certificate, the new maritime labour certificate shall be valid from the date of completion of the renewal inspection for a period not exceeding five years from the date of expiry of the existing certificate.

Texto do artigo · p. 207 4. When the renewal inspection is completed more than three months before the expiry date of the existing maritime labour certificate, the new maritime labour certificate shall be valid for a period not exceeding five years starting from the date of completion of the renewal inspection.

Texto do artigo · p. 207 5. A maritime labour certificate may be issued on an interim basis: (a) to new ships on delivery; (b) when a ship changes flag; or (c) when a shipowner assumes responsibility for the operation of a ship which is new to that shipowner.

Texto do artigo · p. 207 6. An interim maritime labour certificate may be issued for a period not ex- ceeding six months by the competent authority or a recognized organization duly authorized for this purpose.

Texto do artigo · p. 207 7. An interim maritime labour certificate may only be issued following verifica- tion that: (a) the ship has been inspected, as far as reasonable and practicable, for the matters listed in Appendix A5-I, taking into account verification of items under subpara- graphs (b), (c), and (d) of this paragraph; (b) the shipowner has demonstrated to the competent authority or recognized organ- ization that the ship has adequate procedures to comply with this Convention;

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Texto do artigo · p. 208 Maritime Labour Convention, 2006 (c) the master is familiar with the requirements of this Convention and the responsibilities for implementation; and (d) relevant information has been submitted to the competent authority or recognized organization to produce a declaration of maritime labour compliance.

Texto do artigo · p. 208 8. A full inspection in accordance with paragraph 1 of this Standard shall be carried out prior to expiry of the interim certificate to enable issue of the full-term maritime labour certificate. No further interim certificate may be issued following the initial six months referred to in paragraph 6 of this Standard. A declaration of maritime labour compliance need not be issued for the period of validity of the interim certificate.

Texto do artigo · p. 208 9. The maritime labour certificate, the interim maritime labour certificate and the declaration of maritime labour compliance shall be drawn up in the form corresponding to the models given in Appendix A5-II.

Texto do artigo · p. 208 10. The declaration of maritime labour compliance shall be attached to the maritime labour certificate. It shall have two parts: (a) Part I shall be drawn up by the competent authority which shall: (i) identify the list of matters to be inspected in accordance with paragraph 1 of this Standard; (ii) identify the national requirements embodying the relevant provisions of this Convention by providing a reference to the relevant national legal provisions as well as, to the extent necessary, concise information on the main content of the national requirements; (iii) refer to ship-type specific requirements under national legislation; (iv) record any substantially equivalent provisions adopted pursuant to paragraph 3 of Article VI; and (v) clearly indicate any exemption granted by the competent authority as provided in Title 3; and (b) Part II shall be drawn up by the shipowner and shall identify the measures adopted to ensure ongoing compliance with the national requirements between inspections and the measures proposed to ensure that there is continuous improvement. The competent authority or recognized organization duly authorized for this purpose shall certify Part II and shall issue the declaration of maritime labour compliance.

Texto do artigo · p. 208 11. The results of all subsequent inspections or other verifications carried out with respect to the ship concerned and any significant deficiencies found during any such verification shall be recorded, together with the date when the deficiencies were found to have been remedied. This record, accompanied by an English-language translation where it is not in English, shall, in accordance with national laws or regulations, be inscribed upon or appended to the declaration of maritime labour compliance or made available in some other way to seafarers, flag State inspectors, authorized officers in port States and shipowners' and seafarers' representatives.

Texto do artigo · p. 208 12. A current valid maritime labour certificate and declaration of maritime labour compliance, accompanied by an English-language translation where it is not in English, shall be carried on the ship and a copy shall be posted in a conspicuous place on board where it is available to the seafarers. A copy shall be made available in accordance with national laws and regulations, upon request, to seafarers, flag State inspectors, authorized officers in port States, and shipowners' and seafarers' representatives.

Texto do artigo · p. 208 13. The requirement for an English-language translation in paragraphs 11 and 12 of this Standard does not apply in the case of a ship not engaged in an international voyage.

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Texto do artigo · p. 209 Compliance and enforcement

Texto do artigo · p. 209 14. A certificate issued under paragraph 1 or 5 of this Standard shall cease to be valid in any of the following cases: (a) if the relevant inspections are not completed within the periods specified under paragraph 2 of this Standard; (b) if the certificate is not endorsed in accordance with paragraph 2 of this Standard; (c) when a ship changes flag; (d) when a shipowner ceases to assume the responsibility for the operation of a ship; and (e) when substantial changes have been made to the structure or equipment covered in Title 3.

Texto do artigo · p. 209 15. In the case referred to in paragraph 14(c), (d) or (e) of this Standard, a new certificate shall only be issued when the competent authority or recognized organization issuing the new certificate is fully satisfied that the ship is in compliance with the requirements of this Standard.

Texto do artigo · p. 209 16. A maritime labour certificate shall be withdrawn by the competent authority or the recognized organization duly authorized for this purpose by the flag State, if there is evidence that the ship concerned does not comply with the requirements of this Convention and any required corrective action has not been taken.

Texto do artigo · p. 209 17. When considering whether a maritime labour certificate should be withdrawn in accordance with paragraph 16 of this Standard, the competent authority or the recognized organization shall take into account the seriousness or the frequency of the deficiencies. Guideline B5.1.3 – Maritime labour certificate and declaration of maritime labour compliance

Texto do artigo · p. 209 1. The statement of national requirements in Part I of the declaration of maritime labour compliance should include or be accompanied by references to the legislative provisions relating to seafarers’ working and living conditions in each of the matters listed in Appendix A5-I. Where national legislation precisely follows the requirements stated in this Convention, a reference may be all that is necessary. Where a provision of the Convention is implemented through substantial equivalence as provided under Article VI, paragraph 3, this provision should be identified and a concise explanation should be provided. Where an exemption is granted by the competent authority as provided in Title 3, the particular provision or provisions concerned should be clearly indicated.

Texto do artigo · p. 209 2. The measures referred to in Part II of the declaration of maritime labour compliance, drawn up by the shipowner, should, in particular, indicate the occasions on which ongoing compliance with particular national requirements will be verified, the persons responsible for verification, the records to be taken, as well as the procedures to be followed where non-compliance is noted. Part II may take a number of forms. It could make reference to other more comprehensive documentation covering policies and procedures relating to other aspects of the maritime sector, for example documents required by the International Safety Management (ISM) Code or the information required by Regulation 5 of the SOLAS Convention, Chapter XI-1 relating to the ship’s Continuous Synopsis Record.

Texto do artigo · p. 209 3. The measures to ensure ongoing compliance should include general international requirements for the shipowner and master to keep themselves informed of the

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Texto do artigo · p. 210 Maritime Labour Convention, 2006 latest advances in technology and scientific findings concerning workplace design, taking into account the inherent dangers of seafarers’ work, and to inform the seafarers’ representatives accordingly, thereby guaranteeing a better level of protection of the seafarers’ working and living conditions on board.

Texto do artigo · p. 210 4. The declaration of maritime labour compliance should, above all, be drafted in clear terms designed to help all persons concerned, such as flag State inspectors, authorized officers in port States and seafarers, to check that the requirements are being properly implemented.

Texto do artigo · p. 210 5. An example of the kind of information that might be contained in a declaration of maritime labour compliance is given in Appendix B5-I.

Texto do artigo · p. 210 6. When a ship changes flag as referred to in Standard A5.1.3, paragraph 14(c), and where both States concerned have ratified this Convention, the Member whose flag the ship was formerly entitled to fly should, as soon as possible, transmit to the competent authority of the other Member copies of the maritime labour certificate and the declaration of maritime labour compliance carried by the ship before the change of flag and, if applicable, copies of the relevant inspection reports if the competent authority so requests within three months after the change of flag has taken place. Regulation 5.1.4 – Inspection and enforcement

Texto do artigo · p. 210 1. Each Member shall verify, through an effective and coordinated system of regular inspections, monitoring and other control measures, that ships that fly its flag comply with the requirements of this Convention as implemented in national laws and regulations.

Texto do artigo · p. 210 2. Detailed requirements regarding the inspection and enforcement system referred to in paragraph 1 of this Regulation are set out in Part A of the Code. Standard A5.1.4 – Inspection and enforcement

Texto do artigo · p. 210 1. Each Member shall maintain a system of inspection of the conditions for seafarers on ships that fly its flag which shall include verification that the measures relating to working and living conditions as set out in the declaration of maritime labour compliance, where applicable, are being followed, and that the requirements of this Convention are met.

Texto do artigo · p. 210 2. The competent authority shall appoint a sufficient number of qualified inspectors to fulfil its responsibilities under paragraph 1 of this Standard. Where recognized organizations have been authorized to carry out inspections, the Member shall require that personnel carrying out the inspection are qualified to undertake these duties and shall provide them with the necessary legal authority to perform their duties.

Texto do artigo · p. 210 3. Adequate provision shall be made to ensure that the inspectors have the training, competence, terms of reference, powers, status and independence necessary or desirable so as to enable them to carry out the verification and ensure the compliance referred to in paragraph 1 of this Standard.

Texto do artigo · p. 210 4. Inspections shall take place at the intervals required by Standard A5.1.3, where applicable. The interval shall in no case exceed three years.

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Texto do artigo · p. 211 Compliance and enforcement

Texto do artigo · p. 211 5. If a Member receives a complaint which it does not consider manifestly un- founded or obtains evidence that a ship that flies its flag does not conform to the re- quirements of this Convention or that there are serious deficiencies in the implement- ation of the measures set out in the declaration of maritime labour compliance, the Member shall take the steps necessary to investigate the matter and ensure that action is taken to remedy any deficiencies found.

Texto do artigo · p. 211 6. Adequate rules shall be provided and effectively enforced by each Member in order to guarantee that inspectors have the status and conditions of service to ensure that they are independent of changes of government and of improper external influ- ences.

Texto do artigo · p. 211 7. Inspectors, issued with clear guidelines as to the tasks to be performed and provided with proper credentials, shall be empowered: (a) to board a ship that flies the Member’s flag; (b) to carry out any examination, test or inquiry which they may consider necessary in order to satisfy themselves that the standards are being strictly observed; and (c) to require that any deficiency is remedied and, where they have grounds to be- lieve that deficiencies constitute a serious breach of the requirements of this Con- vention (including seafarers’ rights), or represent a significant danger to sea- farers’ safety, health or security, to prohibit a ship from leaving port until necessary actions are taken.

Texto do artigo · p. 211 8. Any action taken pursuant to paragraph 7(c) of this Standard shall be subject to any right of appeal to a judicial or administrative authority.

Texto do artigo · p. 211 9. Inspectors shall have the discretion to give advice instead of instituting or recommending proceedings when there is no clear breach of the requirements of this Convention that endangers the safety, health or security of the seafarers concerned and where there is no prior history of similar breaches.

Texto do artigo · p. 211 10. Inspectors shall treat as confidential the source of any grievance or com- plaint alleging a danger or deficiency in relation to seafarers’ working and living con- ditions or a violation of laws and regulations and give no intimation to the shipowner, the shipowner’s representative or the operator of the ship that an inspection was made as a consequence of such a grievance or complaint.

Texto do artigo · p. 211 11. Inspectors shall not be entrusted with duties which might, because of their number or nature, interfere with effective inspection or prejudice in any way their author- ity or impartiality in their relations with shipowners, seafarers or other interested par- ties. In particular, inspectors shall: (a) be prohibited from having any direct or indirect interest in any operation which they are called upon to inspect; and (b) subject to appropriate sanctions or disciplinary measures, not reveal, even after leaving service, any commercial secrets or confidential working processes or in- formation of a personal nature which may come to their knowledge in the course of their duties.

Texto do artigo · p. 211 12. Inspectors shall submit a report of each inspection to the competent author- ity. One copy of the report in English or in the working language of the ship shall be fur- nished to the master of the ship and another copy shall be posted on the ship’s notice board for the information of the seafarers and, upon request, sent to their representatives.

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Texto do artigo · p. 212 Maritime Labour Convention, 2006

Texto do artigo · p. 212 13. The competent authority of each Member shall maintain records of inspections of the conditions for seafarers on ships that fly its flag. It shall publish an annual report on inspection activities within a reasonable time, not exceeding six months, after the end of the year.

Texto do artigo · p. 212 14. In the case of an investigation pursuant to a major incident, the report shall be submitted to the competent authority as soon as practicable, but not later than one month following the conclusion of the investigation.

Texto do artigo · p. 212 15. When an inspection is conducted or when measures are taken under this Standard, all reasonable efforts shall be made to avoid a ship being unreasonably detained or delayed.

Texto do artigo · p. 212 16. Compensation shall be payable in accordance with national laws and regulations for any loss or damage suffered as a result of the wrongful exercise of the inspectors’ powers. The burden of proof in each case shall be on the complainant.

Texto do artigo · p. 212 17. Adequate penalties and other corrective measures for breaches of the requirements of this Convention (including seafarers’ rights) and for obstructing inspectors in the performance of their duties shall be provided for and effectively enforced by each Member. Guideline B5.1.4 – Inspection and enforcement

Texto do artigo · p. 212 1. The competent authority and any other service or authority wholly or partly concerned with the inspection of seafarers’ working and living conditions should have the resources necessary to fulfil their functions. In particular: (a) each Member should take the necessary measures so that duly qualified technical experts and specialists may be called upon, as needed, to assist in the work of inspectors; and (b) inspectors should be provided with conveniently situated premises, equipment and means of transport adequate for the efficient performance of their duties.

Texto do artigo · p. 212 2. The competent authority should develop a compliance and enforcement policy to ensure consistency and otherwise guide inspection and enforcement activities related to this Convention. Copies of this policy should be provided to all inspectors and relevant law-enforcement officials and should be made available to the public and shipowners and seafarers.

Texto do artigo · p. 212 3. The competent authority should establish simple procedures to enable it to receive information in confidence concerning possible breaches of the requirements of this Convention (including seafarers’ rights) presented by seafarers directly or by representatives of the seafarers, and permit inspectors to investigate such matters promptly, including: (a) enabling masters, seafarers or representatives of the seafarers to request an inspection when they consider it necessary; and (b) supplying technical information and advice to shipowners and seafarers and organizations concerned as to the most effective means of complying with the requirements of this Convention and of bringing about a continual improvement in seafarers’ on-board conditions.

Texto do artigo · p. 212 4. Inspectors should be fully trained and sufficient in numbers to secure the efficient discharge of their duties with due regard to:

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Texto do artigo · p. 213 Compliance and enforcement (a) the importance of the duties which the inspectors have to perform, in particular the number, nature and size of ships subject to inspection and the number and complexity of the legal provisions to be enforced; (b) the resources placed at the disposal of the inspectors; and (c) the practical conditions under which inspections must be carried out in order to be effective.

Texto do artigo · p. 213 5. Subject to any conditions for recruitment to the public service which may be prescribed by national laws and regulations, inspectors should have qualifications and adequate training to perform their duties and where possible should have a maritime education or experience as a seafarer. They should have adequate knowledge of seafarers' working and living conditions and of the English language.

Texto do artigo · p. 213 6. Measures should be taken to provide inspectors with appropriate further training during their employment.

Texto do artigo · p. 213 7. All inspectors should have a clear understanding of the circumstances in which an inspection should be carried out, the scope of the inspection to be carried out in the various circumstances referred to and the general method of inspection.

Texto do artigo · p. 213 8. Inspectors provided with proper credentials under the national law should at a minimum be empowered: (a) to board ships freely and without previous notice; however, when commencing the ship inspection, inspectors should provide notification of their presence to the master or person in charge and, where appropriate, to the seafarers or their representatives; (b) to question the master, seafarer or any other person, including the shipowner or the shipowner's representative, on any matter concerning the application of the requirements under laws and regulations, in the presence of any witness that the person may have requested; (c) to require the production of any books, log books, registers, certificates or other documents or information directly related to matters subject to inspection, in order to verify compliance with the national laws and regulations implementing this Convention; (d) to enforce the posting of notices required under the national laws and regulations implementing this Convention; (e) to take or remove, for the purpose of analysis, samples of products, cargo, drinking water, provisions, materials and substances used or handled; (f) following an inspection, to bring immediately to the attention of the shipowner, the operator of the ship or the master, deficiencies which may affect the health and safety of those on board ship; (g) to alert the competent authority and, if applicable, the recognized organization to any deficiency or abuse not specifically covered by existing laws or regulations and submit proposals to them for the improvement of the laws or regulations; and (h) to notify the competent authority of any occupational injuries or diseases affecting seafarers in such cases and in such manner as may be prescribed by laws and regulations.

Texto do artigo · p. 213 9. When a sample referred to in paragraph 8(e) of this Guideline is being taken or removed, the shipowner or the shipowner's representative, and where appropriate a seafarer, should be notified or should be present at the time the sample is taken or removed. The quantity of such a sample should be properly recorded by the inspector.

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Texto do artigo · p. 214 Maritime Labour Convention, 2006

Texto do artigo · p. 214 10. The annual report published by the competent authority of each Member, in respect of ships that fly its flag, should contain: (a) a list of laws and regulations in force relevant to seafarers' working and living conditions and any amendments which have come into effect during the year; (b) details of the organization of the system of inspection; (c) statistics of ships or other premises subject to inspection and of ships and other premises actually inspected; (d) statistics on all seafarers subject to its national laws and regulations; (e) statistics and information on violations of legislation, penalties imposed and cases of detention of ships; and (f) statistics on reported occupational injuries and diseases affecting seafarers. Regulation 5.1.5 – On-board complaint procedures

Texto do artigo · p. 214 1. Each Member shall require that ships that fly its flag have on-board proce- dures for the fair, effective and expeditious handling of seafarer complaints alleging breaches of the requirements of this Convention (including seafarers' rights).

Texto do artigo · p. 214 2. Each Member shall prohibit and penalize any kind of victimization of a sea- farer for filing a complaint.

Texto do artigo · p. 214 3. The provisions in this Regulation and related sections of the Code are with- out prejudice to a seafarer's right to seek redress through whatever legal means the seafarer considers appropriate. Standard A5.1.5 – On-board complaint procedures

Texto do artigo · p. 214 1. Without prejudice to any wider scope that may be given in national laws or regulations or collective agreements, the on-board procedures may be used by sea- farers to lodge complaints relating to any matter that is alleged to constitute a breach of the requirements of this Convention (including seafarers' rights).

Texto do artigo · p. 214 2. Each Member shall ensure that, in its laws or regulations, appropriate on- board complaint procedures are in place to meet the requirements of Regulation 5.1.5. Such procedures shall seek to resolve complaints at the lowest level possible. However, in all cases, seafarers shall have a right to complain directly to the master and, where they consider it necessary, to appropriate external authorities.

Texto do artigo · p. 214 3. The on-board complaint procedures shall include the right of the seafarer to be accompanied or represented during the complaints procedure, as well as safeguards against the possibility of victimization of seafarers for filing complaints. The term "vic- timization" covers any adverse action taken by any person with respect to a seafarer for lodging a complaint which is not manifestly vexatious or maliciously made.

Texto do artigo · p. 214 4. In addition to a copy of their seafarers' employment agreement, all seafarers shall be provided with a copy of the on-board complaint procedures applicable on the ship. This shall include contact information for the competent authority in the flag State and, where different, in the seafarers' country of residence, and the name of a person or persons on board the ship who can, on a confidential basis, provide seafarers with impartial advice on their complaint and otherwise assist them in following the complaint procedures available to them on board the ship.

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Texto do artigo · p. 215 Compliance and enforcement Guideline B5.1.5 – On-board complaint procedures

Texto do artigo · p. 215 1. Subject to any relevant provisions of an applicable collective agreement, the competent authority should, in close consultation with shipowners’ and seafarers’ organizations, develop a model for fair, expeditious and well-documented on-board complaint-handling procedures for all ships that fly the Member’s flag. In developing these procedures the following matters should be considered: (a) many complaints may relate specifically to those individuals to whom the complaint is to be made or even to the master of the ship. In all cases seafarers should also be able to complain directly to the master and to make a complaint externally; and (b) in order to help avoid problems of victimization of seafarers making complaints about matters under this Convention, the procedures should encourage the nomination of a person on board who can advise seafarers on the procedures available to them and, if requested by the complainant seafarer, also attend any meetings or hearings into the subject matter of the complaint.

Texto do artigo · p. 215 2. At a minimum the procedures discussed during the consultative process referred to in paragraph 1 of this Guideline should include the following: (a) complaints should be addressed to the head of the department of the seafarer lodging the complaint or to the seafarer’s superior officer; (b) the head of department or superior officer should then attempt to resolve the matter within prescribed time limits appropriate to the seriousness of the issues involved; (c) if the head of department or superior officer cannot resolve the complaint to the satisfaction of the seafarer, the latter may refer it to the master, who should handle the matter personally; (d) seafarers should at all times have the right to be accompanied and to be represented by another seafarer of their choice on board the ship concerned; (e) all complaints and the decisions on them should be recorded and a copy provided to the seafarer concerned; (f) if a complaint cannot be resolved on board, the matter should be referred ashore to the shipowner, who should be given an appropriate time limit for resolving the matter, where appropriate, in consultation with the seafarers concerned or any person they may appoint as their representative; and (g) in all cases seafarers should have a right to file their complaints directly with the master and the shipowner and competent authorities. Regulation 5.1.6 – Marine casualties

Texto do artigo · p. 215 1. Each Member shall hold an official inquiry into any serious marine casualty, leading to injury or loss of life, that involves a ship that flies its flag. The final report of an inquiry shall normally be made public.

Texto do artigo · p. 215 2. Members shall cooperate with each other to facilitate the investigation of serious marine casualties referred to in paragraph 1 of this Regulation. Standard A5.1.6 – Marine casualties (No provisions)

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Texto do artigo · p. 216 Maritime Labour Convention, 2006 Guideline B5.1.6 – Marine casualties (No provisions) Regulation 5.2 – Port State responsibilities Purpose: To enable each Member to implement its responsibilities under this Convention regarding international cooperation in the implementation and enforcement of the Convention standards on foreign ships Regulation 5.2.1 – Inspections in port

Texto do artigo · p. 216 1. Every foreign ship calling, in the normal course of its business or for operational reasons, in the port of a Member may be the subject of inspection in accordance with paragraph 4 of Article V for the purpose of reviewing compliance with the requirements of this Convention (including seafarers’ rights) relating to the working and living conditions of seafarers on the ship.

Texto do artigo · p. 216 2. Each Member shall accept the maritime labour certificate and the declaration of maritime labour compliance required under Regulation 5.1.3 as prima facie evidence of compliance with the requirements of this Convention (including seafarers’ rights). Accordingly, the inspection in its ports shall, except in the circumstances specified in the Code, be limited to a review of the certificate and declaration.

Texto do artigo · p. 216 3. Inspections in a port shall be carried out by authorized officers in accordance with the provisions of the Code and other applicable international arrangements governing port State control inspections in the Member. Any such inspection shall be limited to verifying that the matter inspected is in conformity with the relevant requirements set out in the Articles and Regulations of this Convention and in Part A only of the Code.

Texto do artigo · p. 216 4. Inspections that may be carried out in accordance with this Regulation shall be based on an effective port State inspection and monitoring system to help ensure that the working and living conditions for seafarers on ships entering a port of the Member concerned meet the requirements of this Convention (including seafarers’ rights).

Texto do artigo · p. 216 5. Information about the system referred to in paragraph 4 of this Regulation, including the method used for assessing its effectiveness, shall be included in the Member’s reports pursuant to article 22 of the Constitution. Standard A5.2.1 – Inspections in port

Texto do artigo · p. 216 1. Where an authorized officer, having come on board to carry out an inspection and requested, where applicable, the maritime labour certificate and the declaration of maritime labour compliance, finds that: (a) the required documents are not produced or maintained or are falsely maintained or that the documents produced do not contain the information required by this Convention or are otherwise invalid; or (b) there are clear grounds for believing that the working and living conditions on the ship do not conform to the requirements of this Convention; or

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Texto do artigo · p. 217 Compliance and enforcement (c) there are reasonable grounds to believe that the ship has changed flag for the purpose of avoiding compliance with this Convention; or (d) there is a complaint alleging that specific working and living conditions on the ship do not conform to the requirements of this Convention; a more detailed inspection may be carried out to ascertain the working and living conditions on board the ship. Such inspection shall in any case be carried out where the working and living conditions believed or alleged to be defective could constitute a clear hazard to the safety, health or security of seafarers or where the authorized officer has grounds to believe that any deficiencies constitutes a serious breach of the requirements of this Convention (including seafarers’ rights).

Texto do artigo · p. 217 2. Where a more detailed inspection is carried out on a foreign ship in the port of a Member by authorized officers in the circumstances set out in subparagraph (a), (b) or (c) of paragraph 1 of this Standard, it shall in principle cover the matters listed in Appendix A5-III.

Texto do artigo · p. 217 3. In the case of a complaint under paragraph 1(d) of this Standard, the inspection shall generally be limited to matters within the scope of the complaint, although a complaint, or its investigation, may provide clear grounds for a detailed inspection in accordance with paragraph 1(b) of this Standard. For the purpose of paragraph 1(d) of this Standard, “complaint” means information submitted by a seafarer, a professional body, an association, a trade union or, generally, any person with an interest in the safety of the ship, including an interest in safety or health hazards to seafarers on board.

Texto do artigo · p. 217 4. Where, following a more detailed inspection, the working and living conditions on the ship are found not to conform to the requirements of this Convention, the authorized officer shall forthwith bring the deficiencies to the attention of the master of the ship, with required deadlines for their rectification. In the event that such deficiencies are considered by the authorized officer to be significant, or if they relate to a complaint made in accordance with paragraph 3 of this Standard, the authorized officer shall bring the deficiencies to the attention of the appropriate seafarers’ and shipowners’ organizations in the Member in which the inspection is carried out, and may: (a) notify a representative of the flag State; (b) provide the competent authorities of the next port of call with the relevant information.

Texto do artigo · p. 217 5. The Member in which the inspection is carried out shall have the right to transmit a copy of the officer’s report, which must be accompanied by any reply received from the competent authorities of the flag State within the prescribed deadline, to the Director-General of the International Labour Office with a view to such action as may be considered appropriate and expedient in order to ensure that a record is kept of such information and that it is brought to the attention of parties which might be interested in availing themselves of relevant recourse procedures.

Texto do artigo · p. 217 6. Where, following a more detailed inspection by an authorized officer, the ship is found not to conform to the requirements of this Convention and: (a) the conditions on board are clearly hazardous to the safety, health or security of seafarers; or (b) the non-conformity constitutes a serious or repeated breach of the requirements of this Convention (including seafarers’ rights);

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Texto do artigo · p. 218 Maritime Labour Convention, 2006 the authorized officer shall take steps to ensure that the ship shall not proceed to sea until any non-conformities that fall within the scope of subparagraph (a) or (b) of this paragraph have been rectified, or until the authorized officer has accepted a plan of ac- tion to rectify such non-conformities and is satisfied that the plan will be implemented in an expeditious manner. If the ship is prevented from sailing, the authorized officer shall forthwith notify the flag State accordingly and invite a representative of the flag State to be present, if possible, requesting the flag State to reply within a prescribed deadline. The authorized officer shall also inform forthwith the appropriate ship- owners’ and seafarers’ organizations in the port State in which the inspection was car- ried out.

Texto do artigo · p. 218 7. Each Member shall ensure that its authorized officers are given guidance, of the kind indicated in Part B of the Code, as to the kinds of circumstances justifying de- tention of a ship under paragraph 6 of this Standard.

Texto do artigo · p. 218 8. When implementing their responsibilities under this Standard, each Member shall make all possible efforts to avoid a ship being unduly detained or delayed. If a ship is found to be unduly detained or delayed, compensation shall be paid for any loss or damage suffered. The burden of proof in each case shall be on the complainant. Guideline B5.2.1 – Inspections in port

Texto do artigo · p. 218 1. The competent authority should develop an inspection policy for authorized officers carrying out inspections under Regulation 5.2.1. The objective of the policy should be to ensure consistency and to otherwise guide inspection and enforcement ac- tivities related to the requirements of this Convention (including seafarers’ rights). Copies of this policy should be provided to all authorized officers and should be avail- able to the public and shipowners and seafarers.

Texto do artigo · p. 218 2. When developing a policy relating to the circumstances warranting a deten- tion of the ship under Standard A5.2.1, paragraph 6, of the competent authority should consider that, with respect to the breaches referred to in Standard A5.2.1, paragraph 6(b), the seriousness could be due to the nature of the deficiency concerned. This would be particularly relevant in the case of the violation of fundamental rights and principles or seafarers’ employment and social rights under Articles III and IV. For ex- ample, the employment of a person who is under age should be considered as a serious breach even if there is only one such person on board. In other cases, the number of different defects found during a particular inspection should be taken into account: for example, several instances of defects relating to accommodation or food and catering which do not threaten safety or health might be needed before they should be consid- ered as constituting a serious breach.

Texto do artigo · p. 218 3. Members should cooperate with each other to the maximum extent possible in the adoption of internationally agreed guidelines on inspection policies, especially those relating to the circumstances warranting the detention of a ship. Regulation 5.2.2 – Onshore seafarer complaint-handling procedures

Texto do artigo · p. 218 1. Each Member shall ensure that seafarers on ships calling at a port in the Member’s territory who allege a breach of the requirements of this Convention (in- cluding seafarers’ rights) have the right to report such a complaint in order to facilitate a prompt and practical means of redress.

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Texto do artigo · p. 219 Compliance and enforcement Standard A5.2.2 — Onshore seafarer complaint-handling procedures

Texto do artigo · p. 219 1. A complaint by a seafarer alleging a breach of the requirements of this Convention (including seafarers’ rights) may be reported to an authorized officer in the port at which the seafarer’s ship has called. In such cases, the authorized officer shall undertake an initial investigation.

Texto do artigo · p. 219 2. Where appropriate, given the nature of the complaint, the initial investigation shall include consideration of whether the on-board complaint procedures provided under Regulation 5.1.5 have been explored. The authorized officer may also conduct a more detailed inspection in accordance with Standard A5.2.1.

Texto do artigo · p. 219 3. The authorized officer shall, where appropriate, seek to promote a resolution of the complaint at the ship-board level.

Texto do artigo · p. 219 4. In the event that the investigation or the inspection provided under this Standard reveals a non-conformity that falls within the scope of paragraph 6 of Standard A5.2.1, the provisions of that paragraph shall be applied.

Texto do artigo · p. 219 5. Where the provisions of paragraph 4 of this Standard do not apply, and the complaint has not been resolved at the ship-board level, the authorized officer shall forthwith notify the flag State, seeking, within a prescribed deadline, advice and a corrective plan of action.

Texto do artigo · p. 219 6. Where the complaint has not been resolved following action taken in accordance with paragraph 5 of this Standard, the port State shall transmit a copy of the authorized officer’s report to the Director-General. The report must be accompanied by any reply received within the prescribed deadline from the competent authority of the flag State. The appropriate shipowners’ and seafarers’ organizations in the port State shall be similarly informed. In addition, statistics and information regarding complaints that have been resolved shall be regularly submitted by the port State to the Director-General. Both such submissions are provided in order that, on the basis of such action as may be considered appropriate and expedient, a record is kept of such information and is brought to the attention of parties, including shipowners’ and seafarers’ organizations, which might be interested in availing themselves of relevant recourse procedures.

Texto do artigo · p. 219 7. Appropriate steps shall be taken to safeguard the confidentiality of complaints made by seafarers. Guideline B5.2.2 — Onshore seafarer complaint-handling procedures

Texto do artigo · p. 219 1. Where a complaint referred to in Standard A5.2.2 is dealt with by an authorized officer, the officer should first check whether the complaint is of a general nature which concerns all seafarers on the ship, or a category of them, or whether it relates only to the individual case of the seafarer concerned.

Texto do artigo · p. 219 2. If the complaint is of a general nature, consideration should be given to undertaking a more detailed inspection in accordance with Standard A5.2.1.

Texto do artigo · p. 219 3. If the complaint relates to an individual case, an examination of the results of any on-board complaint procedures for the resolution of the complaint concerned should be undertaken. If such procedures have not been explored, the authorized officer should suggest that the complainant take advantage of any such procedures available. There should be good reasons for considering a complaint before any on-board

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Texto do artigo · p. 220 Maritime Labour Convention, 2006 complaint procedures have been explored. These would include the inadequacy of, or undue delay in, the internal procedures or the complainant’s fear of reprisal for lodging a complaint.

Texto do artigo · p. 220 4. In any investigation of a complaint, the authorized officer should give the master, the shipowner and any other person involved in the complaint a proper opportunity to make known their views.

Texto do artigo · p. 220 5. In the event that the flag State demonstrates, in response to the notification by the port State in accordance with paragraph 5 of Standard A.5.2.2, that it will handle the matter, and that it has in place effective procedures for this purpose and has submitted an acceptable plan of action, the authorized officer may refrain from any further involvement with the complaint. Regulation 5.3 – Labour-supplying responsibilities Purpose: To ensure that each Member implements its responsibilities under this Convention as pertaining to seafarer recruitment and placement and the social protection of its seafarers

Texto do artigo · p. 220 1. Without prejudice to the principle of each Member’s responsibility for the working and living conditions of seafarers on ships that fly its flag, the Member also has a responsibility to ensure the implementation of the requirements of this Convention regarding the recruitment and placement of seafarers as well as the social security protection of seafarers that are its nationals or are resident or are otherwise domiciled in its territory, to the extent that such responsibility is provided for in this Convention.

Texto do artigo · p. 220 2. Detailed requirements for the implementation of paragraph 1 of this Regulation are found in the Code.

Texto do artigo · p. 220 3. Each Member shall establish an effective inspection and monitoring system for enforcing its labour-supplying responsibilities under this Convention.

Texto do artigo · p. 220 4. Information about the system referred to in paragraph 3 of this Regulation, including the method used for assessing its effectiveness, shall be included in the Member’s reports pursuant to article 22 of the Constitution. Standard A5.3 – Labour-supplying responsibilities

Texto do artigo · p. 220 1. Each Member shall enforce the requirements of this Convention applicable to the operation and practice of seafarer recruitment and placement services established on its territory through a system of inspection and monitoring and legal proceedings for breaches of licensing and other operational requirements provided for in Standard A1.4. Guideline B5.3 – Labour-supplying responsibilities

Texto do artigo · p. 220 1. Private seafarer recruitment and placement services established in the Member’s territory and securing the services of a seafarer for a shipowner, wherever located, should be required to assume obligations to ensure the proper fulfilment by shipowners of the terms of their employment agreements concluded with seafarers. 90

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Texto do artigo · p. 221 APPENDIX A5-1 The working and living conditions of seafarers that must be inspected and ap- proved by the flag State before certifying a ship in accordance with Standard A5.1.3, paragraph 1: Minimum age Medical certification Qualifications of seafarers Seafarers’ employment agreements Use of any licensed or certified or regulated private recruitment and placement service Hours of work or rest Manning levels for the ship Accommodation On-board recreational facilities Food and catering Health and safety and accident prevention On-board medical care On-board complaint procedures Payment of wages

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Texto do artigo · p. 222 APPENDIX A5-II Maritime Labour Certificate (Note: This Certificate shall have a Declaration of Maritime Labour Compliance attached) Issued under the provisions of Article V and Title 5 of the Maritime Labour Convention, 2006 (referred to below as “the Convention”) under the authority of the Government of: (full designation of the State whose flag the ship is entitled to fly) by (full designation and address of the competent authority or recognized organization duly authorized under the provisions of the Convention) Particulars of the ship Name of ship Distinctive number or letters Port of registry Date of registry Gross tonnage ¹ IMO number Type of ship Name and address of the shipowner ² ¹ For ships covered by the tonnage measurement interim scheme adopted by the IMO, the gross tonnage is that which is included in the REMARKS column of the International Tonnage Certificate (1969). See Article II(1)(c) of the Convention. ² Shipowner means the owner of the ship or another organization or person, such as the manager, agent or bareboat charterer, who has assumed the responsibility for the operation of the ship from the owner and who, on assuming such responsibility, has agreed to take over the duties and responsibilities imposed on shipowners in accordance with this Convention, regardless of whether any other organizations or persons fulfil certain of the duties or responsibilities on behalf of the shipowner. See Article II(1)(j) of the Convention.

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Texto do artigo · p. 223 Appendix A5-II This is to certify:

Texto do artigo · p. 223 1. That this ship has been inspected and verified to be in compliance with the requirements of the Convention, and the provisions of the attached Declaration of Maritime Labour Compliance.

Texto do artigo · p. 223 2. That the seafarers’ working and living conditions specified in Appendix A5-I of the Convention were found to correspond to the abovementioned country's national requirements implementing the Convention. These national requirements are summarized in the Declaration of Maritime Labour Compliance, Part I. This Certificate is valid until ................................. subject to inspections in accordance with Standards A5.1.3 and A5.1.4 of the Convention. This Certificate is valid only when the Declaration of Maritime Labour Compliance issued at ...................................................... on ...................................................... is attached. Completion date of the inspection on which this Certificate is based was .............................. Issued at ...................................................... on .............................................................. Signature of the duly authorized official issuing the Certificate (Seal or stamp of issuing authority, as appropriate) Endorsements for mandatory intermediate inspection and, if required, any additional inspection This is to certify that the ship was inspected in accordance with Standards A5.1.3 and A5.1.4 of the Convention and that the seafarers’ working and living conditions specified in Appendix A5-I of the Convention were found to correspond to the above-mentioned country's national requirements implementing the Convention. Intermediate inspection: (to be completed between the second and third anniversary dates) Signed ............................................................... (Signature of authorized official) Place ................................................................. Date ................................................................. (Seal or stamp of the authority, as appropriate) Additional endorsements (if required) This is to certify that the ship was the subject of an additional inspection for the purpose of verifying that the ship continued to be in compliance with the national requirements implementing the Convention, as required by Standard A3.1, paragraph 3, of the Convention (re-registration or substantial alteration of accommodation) or for other reasons.

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Texto do artigo · p. 224 Maritime Labour Convention, 2006 Additional inspection: (if required) Signed .................................................................... (Signature of authorized official) Place ...................................................................... Date ....................................................................... (Seal or stamp of the authority, as appropriate) Additional inspection: (if required) Signed .................................................................... (Signature of authorized official) Place ...................................................................... Date ....................................................................... (Seal or stamp of the authority, as appropriate) Additional inspection: (if required) Signed .................................................................... (Signature of authorized official) Place ...................................................................... Date ....................................................................... (Seal or stamp of the authority, as appropriate)

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Texto do artigo · p. 225 Appendix A5-II Maritime Labour Convention, 2006 Declaration of Maritime Labour Compliance – Part I (Note: This Declaration must be attached to the ship’s Maritime Labour Certificate) Issued under the authority of: ................. (insert name of competent authority as defined in Article II, paragraph 1(a), of the Convention) With respect to the provisions of the Maritime Labour Convention, 2006, the following referenced ship: Name of ship IMO number Gross tonnage is maintained in accordance with Standard A5.1.3 of the Convention. The undersigned declares, on behalf of the abovementioned competent authority, that: (a) the provisions of the Maritime Labour Convention are fully embodied in the national requirements referred to be:», (b) these national requirements are contained in the national provisions referenced below; explanations concerning the content of those provisions are provided where necessary; (c) the details of any substantial equivalencies under Article VI, paragraphs 3 and 4, are provided <under the corresponding national requirement listed below> <in the section provided for this purpose below> (strike out the statement which is not applicable); (d) any exemptions granted by the competent authority in accordance with Title 3 are clearly indicated in the section provided for this purpose below; and (e) any ship-type specific requirements under national legislation are also referenced under the requirements concerned.

Texto do artigo · p. 225 1. Minimum age (Regulation 1.1) ...............................................................

Texto do artigo · p. 225 2. Medical certification (Regulation 1.2) ........................................................

Texto do artigo · p. 225 3. Qualifications of seafarers (Regulation 1.3) ................................................

Texto do artigo · p. 225 4. Seafarers’ employment agreements (Regulation 2.1) ....................................

Texto do artigo · p. 225 5. Use of any licensed or certified or regulated private recruitment and placement service (Regulation 1.4) .............................................................................

Texto do artigo · p. 225 6. Hours of work or rest (Regulation 2.3) ......................................................

Texto do artigo · p. 225 7. Manning levels for the ship (Regulation 2.7) ..............................................

Texto do artigo · p. 225 8. Accommodation (Regulation 3.1) ............................................................

Texto do artigo · p. 225 9. On-board recreational facilities (Regulation 3.1) .........................................

Texto do artigo · p. 225 10. Food and catering (Regulation 3.2) ..........................................................

Texto do artigo · p. 225 11. Health and safety and accident prevention (Regulation 4.3) ........................

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Texto do artigo · p. 226 Maritime Labour Convention, 2006

Texto do artigo · p. 226 12. On-board medical care (Regulation 4.1)

Texto do artigo · p. 226 13. On-board complaint procedures (Regulation 5.1.5)

Texto do artigo · p. 226 14. Payment of wages (Regulation 2.2) Name: Title: Signature: Place: Date: (Seal or stamp of the authority, as appropriate) Substantial equivalencies (Note: Strike out the statement which is not applicable) The following substantial equivalencies, as provided under Article VI, paragraphs 3 and 4, of the Convention, except where stated above, are noted (insert description if applicable): No equivalency has been granted. Name: Title: Signature: Place: Date: (Seal or stamp of the authority, as appropriate) Exemptions (Note: Strike out the statement which is not applicable) The following exemptions granted by the competent authority as provided in Title 3 of the Convention are noted: No exemption has been granted. Name: Title: Appendix 45-II Signature: Place: Date: (Seal or stamp of the authority, as appropriate)

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Texto do artigo · p. 227 Maritime Labour Convention, 2006 Declaration of Maritime Labour Compliance – Part II Measures adopted to ensure ongoing compliance between inspections The following measures have been drawn up by the shipowner, named in the Maritime Labour Certificate to which this Declaration is attached, to ensure ongoing compliance between inspections: (State below the measures drawn up to ensure compliance with each of the items in Part I)

Texto do artigo · p. 227 1. Minimum age (Regulation 1.1)

Texto do artigo · p. 227 2. Medical certification (Regulation 1.2)

Texto do artigo · p. 227 3. Qualifications of seafarers (Regulation 1.3)

Texto do artigo · p. 227 4. Seafarers’ employment agreements (Regulation 2.1)

Texto do artigo · p. 227 5. Use of any licensed or certified or regulated private recruitment and placement service (Regulation 1.4)

Texto do artigo · p. 227 6. Hours of work or rest (Regulation 2.3)

Texto do artigo · p. 227 7. Manning levels for the ship (Regulation 2.7)

Texto do artigo · p. 227 8. Accommodation (Regulation 3.1)

Texto do artigo · p. 227 9. On-board recreational facilities (Regulation 3.1)

Texto do artigo · p. 227 10. Food and catering (Regulation 3.2)

Texto do artigo · p. 227 11. Health and safety and accident prevention (Regulation 4.3)

Texto do artigo · p. 227 12. On-board medical care (Regulation 4.1)

Texto do artigo · p. 227 13. On-board complaint procedures (Regulation 5.1.5)

Texto do artigo · p. 227 14. Payment of wages (Regulation 2.2)

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Texto do artigo · p. 228 Appendix A5-II I hereby certify that the above measures have been drawn up to ensure ongoing com- pliance, between inspections, with the requirements listed in Part I. Name of shipowner: ¹ ........................................ ........................................ Company address: ........................................ ........................................ Name of the authorized signatory: ............ ........................................ Title: ........................................ Signature of the authorized signatory: ........................................ Date: ........................................ (Stamp or seal of the shipowner¹) The above measures have been reviewed by (insert name of competent authority or duly recognized organization) and, following inspection of the ship, have been deter- mined as meeting the purposes set out under Standard A5.3, paragraph 10(b), re- garding measures to ensure initial and ongoing compliance with the requirements set out in Part I of this Declaration. Name: ........................................ Title: ........................................ Address: ........................................ ........................................ ........................................ Signature: ........................................ Place: ........................................ Date: ........................................ (Seal or stamp of the authority, as appropriate) ¹ Shipowner means the owner of the ship or another organization or person, such as the manager, agent or bareboat charterer, who has assumed the responsibility for the operation of the ship from the owner and who, on assuming such responsibility, has agreed to take over the duties and responsibilities imposed on ship- owners in accordance with this Convention, regardless of whether any other organizations or persons fulfil cer- tain of the duties or responsibilities on behalf of the shipowner. See Article II(1)(j) of the Convention.

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Texto do artigo · p. 229 Maritime Labour Convention, 2006 Interim Maritime Labour Certificate Issued under the provisions of Article V and Title 5 of the Maritime Labour Convention, 2006 (referred to below as “the Convention”) under the authority of the Government of: (full designation of the State whose flag the ship is entitled to fly) by (full designation and address of the competent authority or recognized organization duly authorized under the provisions of the Convention) Particulars of the ship Name of ship Distinctive number or letters Port of registry Date of registry Gross tonnage 1 IMO number Type of ship Name and address of the shipowner 2 This is to certify, for the purposes of Standard A5.1.3, paragraph 7, of the Convention, that: (a) this ship has been inspected, as far as reasonable and practicable, for the matters listed in Appendix A5-I to the Convention, taking into account verification of items under (b), (c) and (d) below; (b) the shipowner has demonstrated to the competent authority or recognized organ- ization that the ship has adequate procedures to comply with the Convention; (c) the master is familiar with the requirements of the Convention and the responsi- bilities for implementation; and (d) relevant information has been submitted to the competent authority or recog- nized organization to produce a Declaration of Maritime Labour Compliance. 1 For ships covered by the tonnage measurement interim scheme adopted by the IMO, the gross ton- nage is that which is included in the REMARKS column of the International Tonnage Certificate (1969). See Article II(1)(c) of the Convention. 2 Shipowner means the owner of the ship or another organization or person, such as the manager, agent or bareboat charterer, who has assumed the responsibility for the operation of the ship from the owner and who, on assuming such responsibility, has agreed to take over the duties and responsibilities imposed on ship- owners in accordance with this Convention, regardless of whether any other organizations or persons fulfil cer- tain of the duties or responsibilities on behalf of the shipowner. See Article II(1)(j) of the Convention. Appendix A5-II This Certificate is valid until with Standards A5.1.3 and A5.1.4. Completion date of the inspection referred to under (a) above was Issued at Signature of the duly authorized official issuing the interim certificate (Seal or stamp of issuing authority, as appropriate)

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Texto do artigo · p. 230 APPENDIX A5-III General areas that are subject to a detailed inspection by an authorized officer in a port of a Member carrying out a port State inspection pursuant to Standard A5.2.1: Minimum age Medical certification Qualifications of seafarers Seafarers’ employment agreements Use of any licensed or certified or regulated private recruitment and placement service Hours of work or rest Manning levels for the ship Accommodation On-board recreational facilities Food and catering Health and safety and accident prevention On-board medical care On-board complaint procedures Payment of wages

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Name of ship	IMO number	Gross tonnage
M.S. EXAMPLE	12345	1,000

Texto do artigo · p. 231 APPENDIX B5-1 - EXAMPLE OF A NATIONAL DECLARATION See Guideline B5.1.3, paragraph 5 Maritime Labour Convention, 2006 Declaration of Maritime Labour Compliance - Part I (Note: This Declaration must be attached to the ship's Maritime Labour Certificate) Issued under the authority of: The Ministry of Maritime Transport of Xxxxxx With respect to the provisions of the Maritime Labour Convention, 2006, the following referenced ship: Name of ship IMO number Gross tonnage M.S. EXAMPLE 12345 1,000 is maintained in accordance with Standard A5.1.3 of the Convention. The undersigned declares, on behalf of the abovementioned competent authority, that: (a) the provisions of the Maritime Labour Convention are fully embodied in the national requirements referred to below; (b) these national requirements are contained in the national provisions referenced below; explanations concerning the content of those provisions are provided where necessary; (c) the details of any substantial equivalencies under Article VI, paragraphs 3 and 4, are provided under the corresponding national requirement listed below in the section provided for this purpose below (strike out the statement which is not applicable); (d) any exemptions granted by the competent authority in accordance with Title 3 are clearly indicated in the section provided for this purpose below; and (e) any ship-type specific requirements under national legislation are also referenced under the requirements concerned.

Name of ship	IMO number	Gross tonnage
M.S. EXAMPLE	12345	1,000

Texto do artigo · p. 231 1. Minimum age (Regulation 1.1) Shipping Law, No. 123 of 1905, as amended ("Law"), Chapter X; Shipping Regulations ("Regulations"), 2006, Rules 1111-2222. Minimum ages are those referred to in the Convention. "Night" means 9 p.m. to 6 a.m. unless the Ministry of Maritime Transport ("Ministry") approves a different period. Examples of hazardous work restricted to 18-year-olds or over are listed in Schedule A hereto. In the case of cargo ships, no one under 18 may work in the areas marked on the ship's plan (to be attached to this Declaration) as "hazardous area".

Name of ship	IMO number	Gross tonnage
M.S. EXAMPLE	12345	1,000

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Texto do artigo · p. 232 Maritime Labour Convention, 2006

Texto do artigo · p. 232 2. Medical certification (Regulation 1.2) Law, Chapter XI; Regulations, Rules 1223-1233. Medical certificates shall conform to the STCW requirements, where applicable; in other cases, the STCW requirements are applied with any necessary adjustments. Qualified opticians on list approved by Ministry may issue certificates concerning eyesight. Medical examinations follow the ILO/WHO Guidelines referred to in Guideline B1.2.1 Appendix B5-I Declaration of Maritime Labour Compliance – Part II Measures adopted to ensure ongoing compliance between inspections The following measures have been drawn up by the shipowner, named in the Maritime Labour Certificate to which this Declaration is attached, to ensure ongoing compliance between inspections: (State below the measures drawn up to ensure compliance with each of the items in Part I)

Texto do artigo · p. 232 1. Minimum age (Regulation 1.1) X Date of birth of each seafarer is noted against his/her name on the crew list. The list is checked at the beginning of each voyage by the master or officer acting on his or her behalf (“competent officer”), who records the date of such verification. Each seafarer under 18 receives, at the time of engagement, a note prohibiting him/ her from performing night work or the work specifically listed as hazardous (see Part I, section 1, above) and any other hazardous work, and requiring him/her to consult the competent officer in case of doubt. A copy of the note, with the sea- farer’s signature under “received and read”, and the date of signature, is kept by the competent officer.

Texto do artigo · p. 232 2. Medical certification (Regulation 1.2) X The medical certificates are kept in strict confidence by the competent officer, to- gether with a list, prepared under the competent officer’s responsibility and stating for each seafarer on board: the functions of the seafarer, the date of the current medical certificate(s) and the health status noted on the certificate concerned. In any case of possible doubt as to whether the seafarer is medically fit for a par- ticular function or functions, the competent officer consults the seafarer's doctor or another qualified practitioner and records a summary of the practitioner's conclu- sions, as well as the practitioner's name and telephone number and the date of the consultation. Preço — 1160,00 MT IMPRENSA NACIONAL DE MOÇAMBIQUE, E.P.

Fonte textual acessível e tabelas

Texto do artigo, página 182: 2. Seafarers on board a ship shall be provided with food free of charge during the period of engagement.
Texto do artigo, página 182: 3. Seafarers employed as ships’ cooks with responsibility for food preparation must be trained and qualified for their position on board ship. Standard A3.2 – Food and catering
Texto do artigo, página 182: 1. Each Member shall adopt laws and regulations or other measures to provide minimum standards for the quantity and quality of food and drinking water and for the catering standards that apply to meals provided to seafarers on ships that fly its flag, and shall undertake educational activities to promote awareness and implementation of the standards referred to in this paragraph.
Texto do artigo, página 182: 2. Each Member shall ensure that ships that fly its flag meet the following min- imum standards: (a) food and drinking water supplies, having regard to the number of seafarers on board, their religious requirements and cultural practices as they pertain to food, and the duration and nature of the voyage, shall be suitable in respect of quantity, nutritional value, quality and variety; (b) the organization and equipment of the catering department shall be such as to permit the provision to the seafarers of adequate, varied and nutritious meals prepared and served in hygienic conditions; and (c) catering staff shall be properly trained or instructed for their positions.
Texto do artigo, página 182: 3. Shipowners shall ensure that seafarers who are engaged as ships’ cooks are trained, qualified and found competent for the position in accordance with require- ments set out in the laws and regulations of the Member concerned.
Texto do artigo, página 182: 4. The requirements under paragraph 3 of this Standard shall include a comple- tion of a training course approved or recognized by the competent authority, which covers practical cookery, food and personal hygiene, food storage, stock control, and environmental protection and catering health and safety.
Texto do artigo, página 182: 5. On ships operating with a prescribed manning of less than ten which, by vir- tue of the size of the crew or the trading pattern, may not be required by the competent authority to carry a fully qualified cook, anyone processing food in the galley shall be trained or instructed in areas including food and personal hygiene as well as handling and storage of food on board ship.
Texto do artigo, página 182: 6. In circumstances of exceptional necessity, the competent authority may issue a dispensation permitting a non-fully qualified cook to serve in a specified ship for a specified limited period, until the next convenient port of call or for a period not ex- ceeding one month, provided that the person to whom the dispensation is issued is trained or instructed in areas including food and personal hygiene as well as handling and storage of food on board ship.
Texto do artigo, página 182: 7. In accordance with the ongoing compliance procedures under Title 5, the competent authority shall require that frequent documented inspections be carried out on board ships, by or under the authority of the master, with respect to:
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Texto do artigo, página 183: Accommodation, recreational facilities, food and catering (a) supplies of food and drinking water; (b) all spaces and equipment used for the storage and handling of food and drinking water; and (c) galley and other equipment for the preparation and service of meals.
Texto do artigo, página 183: 8. No seafarer under the age of 18 shall be employed or engaged or work as a ship’s cook. Guideline B3.2 – Food and catering Guideline B3.2.1 – Inspection, education, research and publication
Texto do artigo, página 183: 1. The competent authority should, in cooperation with other relevant agencies and organizations, collect up-to-date information on nutrition and on methods of purchasing, storing, preserving, cooking and serving food, with special reference to the requirements of catering on board a ship. This information should be made available, free of charge or at reasonable cost, to manufacturers of and traders in ships’ food supplies and equipment, masters, stewards and cooks, and to shipowners’ and seafarers’ organizations concerned. Appropriate forms of publicity, such as manuals, brochures, posters, charts or advertisements in trade journals, should be used for this purpose.
Texto do artigo, página 183: 2. The competent authority should issue recommendations to avoid wastage of food, facilitate the maintenance of a proper standard of hygiene, and ensure the maximum practicable convenience in working arrangements.
Texto do artigo, página 183: 3. The competent authority should work with relevant agencies and organizations to develop educational materials and on-board information concerning methods of ensuring proper food supply and catering services.
Texto do artigo, página 183: 4. The competent authority should work in close cooperation with the shipowners’ and seafarers’ organizations concerned and with national or local authorities dealing with questions of food and health, and may where necessary utilize the services of such authorities. Guideline B3.2.2 – Ships’ cooks
Texto do artigo, página 183: 1. Seafarers should only be qualified as ships’ cooks if they have: (a) served at sea for a minimum period to be prescribed by the competent authority, which could be varied to take into account existing relevant qualifications or experience; (b) passed an examination prescribed by the competent authority or passed an equivalent examination at an approved training course for cooks.
Texto do artigo, página 183: 2. The prescribed examination may be conducted and certificates granted either directly by the competent authority or, subject to its control, by an approved school for the training of cooks.
Texto do artigo, página 183: 3. The competent authority should provide for the recognition, where appropriate, of certificates of qualification as ships’ cooks issued by other Members, which have ratified this Convention or the Certification of Ships’ Cooks Convention, 1946 (No. 69), or other approved body.
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Texto do artigo, página 184: TITLE 4. HEALTH PROTECTION, MEDICAL CARE, WELFARE AND SOCIAL SECURITY PROTECTION Regulation 4.1 – Medical care on board ship and ashore Purpose: To protect the health of seafarers and ensure their prompt access to medical care on board ship and ashore
Texto do artigo, página 184: 1. Each Member shall ensure that all seafarers on ships that fly its flag are covered by adequate measures for the protection of their health and that they have access to prompt and adequate medical care whilst working on board.
Texto do artigo, página 184: 2. The protection and care under paragraph 1 of this Regulation shall, in principle, be provided at no cost to the seafarers.
Texto do artigo, página 184: 3. Each Member shall ensure that seafarers on board ships in its territory who are in need of immediate medical care are given access to the Member’s medical facilities on shore.
Texto do artigo, página 184: 4. The requirements for on-board health protection and medical care set out in the Code include standards for measures aimed at providing seafarers with health protection and medical care as comparable as possible to that which is generally available to workers ashore. Standard A4.1 – Medical care on board ship and ashore
Texto do artigo, página 184: 1. Each Member shall ensure that measures providing for health protection and medical care, including essential dental care, for seafarers working on board a ship that flies its flag are adopted which: (a) ensure the application to seafarers of any general provisions on occupational health protection and medical care relevant to their duties, as well as of special provisions specific to work on board ship; (b) ensure that seafarers are given health protection and medical care as comparable as possible to that which is generally available to workers ashore, including prompt access to the necessary medicines, medical equipment and facilities for diagnosis and treatment and to medical information and expertise; (c) give seafarers the right to visit a qualified medical doctor or dentist without delay in ports of call, where practicable; (d) ensure that, to the extent consistent with the Member’s national law and practice, medical care and health protection services while a seafarer is on board ship or landed in a foreign port are provided free of charge to seafarers; and (e) are not limited to treatment of sick or injured seafarers but include measures of a preventive character such as health promotion and health education programmes.
Texto do artigo, página 184: 2. The competent authority shall adopt a standard medical report form for use by the ships’ masters and relevant onshore and on-board medical personnel. The form,
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Texto do artigo, página 185: Health protection, medical care, welfare and social security prote when completed, and its contents shall be kept confidential and shall only be us facilitate the treatment of seafarers.
Texto do artigo, página 185: 3. Each Member shall adopt laws and regulations establishing requireme on-board hospital and medical care facilities and equipment and training on ships fly its flag.
Texto do artigo, página 185: 4. National laws and regulations shall as a minimum provide for the follow requirements: (a) all ships shall carry a medicine chest, medical equipment and a medical guide, specifics of which shall be prescribed and subject to regular inspection by the cc petent authority; the national requirements shall take into account the type of sh the number of persons on board and the nature, destination and dura voyages and relevant national and international recommended medical standar (b) ships carrying 100 or more persons and ordinarily engaged on internation voyages of more than three days' duration shall carry a qualified medical doct who is responsible for providing medical care; national laws or regulations sh also specify which other ships shall be required to carry a medical doctor, taki into account, inter alia, such factors as the duration, nature and conditions of th voyage and the number of seafarers on board; (c) ships which do not carry a medical doctor shall be required to have either at lea one seafarer on board who is in charge of medical care and administering medi cine as part of their regular duties or at least one seafarer on board competent t provide medical first aid; persons in charge of medical care on board who are n medical doctors shall have satisfactorily completed training in medical care tha meets the requirements of the International Convention on Standards of Train ing, Certification and Watchkeeping for Seafarers, 1978, as amended (“STCW”) seafarers designated to provide medical first aid shall have satisfactorily com pleted training in medical first aid that meets the requirements of STCW national laws or regulations shall specify the level of approved training require taking into account, inter alia, such factors as the duration, nature and conditions of the voyage and the number of seafarers on board; and (d) the competent authority shall ensure by a prearranged system that medical ad vice by radio or satellite communication to ships at sea, including specialist advice, is available 24 hours a day; medical advice, including the onward trans mission of medical messages by radio or satellite communication between a ship and those ashore giving the advice, shall be available free of charge to all ships irrespective of the flag that they fly. Guideline B4.1 – Medical care on board ship and ashore Guideline B4.1.1 – Provision of medical care
Texto do artigo, página 185: 1. When determining the level of medical training to be provided on board ships that are not required to carry a medical doctor, the competent authority should require (a) ships which ordinarily are capable of reaching qualified medical care and medical facilities within eight hours should have at least one designated seafarer with the approved medical first-aid training required by STCW which will enable such persons to take immediate, effective action in case of accidents or illnesses likely
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Texto do artigo, página 186: Maritime Labour Convention, 2006 to occur on board a ship and to make use of medical advice by radio or satellite communication; and (b) all other ships should have at least one designated seafarer with approved training in medical care required by STCW, including practical training and training in life-saving techniques such as intravenous therapy, which will enable the persons concerned to participate effectively in coordinated schemes for medical assistance to ships at sea, and to provide the sick or injured with a satisfactory standard of medical care during the period they are likely to remain on board.
Texto do artigo, página 186: 2. The training referred to in paragraph 1 of this Guideline should be based on the contents of the most recent editions of the International Medical Guide for Ships, the Medical First Aid Guide for Use in Accidents Involving Dangerous Goods, the Document for Guidance – An International Maritime Training Guide, and the medical section of the International Code of Signals as well as similar national guidance.
Texto do artigo, página 186: 3. Persons referred to in paragraph 1 of this Guideline and such other seafarers as may be required by the competent authority should undergo, at approximately five-year intervals, refresher courses to enable them to maintain and increase their knowledge and skills and to keep up-to-date with new developments.
Texto do artigo, página 186: 4. The medicine chest and its contents, as well as the medical equipment and medical guide carried on board, should be properly maintained and inspected at regular intervals, not exceeding 12 months, by responsible persons designated by competent authority, who should ensure that the labelling, expiry dates and conditions of storage of all medicines and directions for their use are checked and all equipment functioning as required. In adopting or reviewing the ship’s medical guide used nationally, and in determining the contents of the medicine chest and medical equipment, the competent authority should take into account international recommendations in this field, including the latest edition of the International Medical Guide for Ships, and other guides mentioned in paragraph 2 of this Guideline.
Texto do artigo, página 186: 5. Where a cargo which is classified dangerous has not been included in the most recent edition of the Medical First Aid Guide for Use in Accidents Involving Dangerous Goods, the necessary information on the nature of the substances, the risks involved, the relevant personal protective devices, the relevant medical procedures and specific antidotes should be made available to the seafarers. Such specific antidotes and personal protective devices should be on board whenever dangerous goods are carried. This information should be integrated with the ship’s policies and programmes on occupational safety and health described in Regulation 4.3 and related Code provisions.
Texto do artigo, página 186: 6. All ships should carry a complete and up-to-date list of radio stations through which medical advice can be obtained; and, if equipped with a system of satellite communication, carry an up-to-date and complete list of coast earth stations through which medical advice can be obtained. Seafarers with responsibility for medical care or medical first aid on board should be instructed in the use of the ship’s medical guide and the medical section of the most recent edition of the International Code of Signals, so as to enable them to understand the type of information needed by the advising doctor as well as the advice received. Guideline B4.1.2 – Medical report form
Texto do artigo, página 186: 1. The standard medical report form for seafarers required under Part A of this Code should be designed to facilitate the exchange of medical and related information concerning individual seafarers between ship and shore in cases of illness or injury.
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Texto do artigo, página 187: Health protection, medical care, welfare and social security protection Guideline B4.1.3 – Medical care ashore
Texto do artigo, página 187: 1. Shore-based medical facilities for treating seafarers should be adequate for the purposes. The doctors, dentists and other medical personnel should be properly qualified.
Texto do artigo, página 187: 2. Measures should be taken to ensure that seafarers have access when in port to: (a) outpatient treatment for sickness and injury; (b) hospitalization when necessary; and (c) facilities for dental treatment, especially in cases of emergency.
Texto do artigo, página 187: 3. Suitable measures should be taken to facilitate the treatment of seafarers suffering from disease. In particular, seafarers should be promptly admitted to clinics and hospitals ashore, without difficulty and irrespective of nationality or religious belief, and, whenever possible, arrangements should be made to ensure, when necessary, continuation of treatment to supplement the medical facilities available to them. Guideline B4.1.4 – Medical assistance to other ships and international cooperation
Texto do artigo, página 187: 1. Each Member should give due consideration to participating in international cooperation in the area of assistance, programmes and research in health protection and medical care. Such cooperation might cover: (a) developing and coordinating search and rescue efforts and arranging prompt medical help and evacuation at sea for the seriously ill or injured on board a ship through such means as periodic ship position reporting systems, rescue coordination centres and emergency helicopter services, in conformity with the International Convention on Maritime Search and Rescue, 1979, as amended, and the International Aeronautical and Maritime Search and Rescue (IAMSAR) Manual; (b) making optimum use of all ships carrying a doctor and stations ships at sea which can provide hospital and rescue facilities; (c) compiling and maintaining an international list of doctors and medical care facilities available worldwide to provide emergency medical care to seafarers; (d) landing seafarers ashore for emergency treatment; (e) repatriating seafarers hospitalized abroad as soon as practicable, in accordance with the medical advice of the doctors responsible for the case, which takes into account the seafarer’s wishes and needs; (f) arranging personal assistance for seafarers during repatriation, in accordance with the medical advice of the doctors responsible for the case, which takes into account the seafarer’s wishes and needs; (g) endeavouring to set up health centres for seafarers to: (i) conduct research on the health status, medical treatment and preventive health care of seafarers; and (ii) train medical and health service staff in maritime medicine; (h) collecting and evaluating statistics concerning occupational accidents, diseases and fatalities of seafarers and integrating and harmonizing the statistics with any existing national system of statistics on occupational accidents and diseases concerning other categories of workers; (i) organizing international exchanges of technical information, training material and personnel, as well as international training courses, seminars and working groups;
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Texto do artigo, página 188: Maritime Labour Convention, 2006 (j) providing all seafarers with special curative and preventive health and medical services in port, or making available to them general health, medical and re- habilitation services; and (k) arranging for the repatriation of the bodies or ashes of deceased seafarers, in ac- cordance with the wishes of the next of kin and as soon as practicable.
Texto do artigo, página 188: 2. International cooperation in the field of health protection and medical care for seafarers should be based on bilateral or multilateral agreements or consultations among Members. Guideline B4.1.5 – Dependants of seafarers
Texto do artigo, página 188: 1. Each Member should adopt measures to secure proper and sufficient medi- cal care for the dependants of seafarers domiciled in its territory pending the develop- ment of a medical care service which would include within its scope workers generally and their dependants where such services do not exist and should inform the Inter- national Labour Office concerning the measures taken for this purpose. Regulation 4.2 – Shipowners’ liability Purpose: To ensure that seafarers are protected from the financial consequences of sickness, injury or death occurring in connection with their employment
Texto do artigo, página 188: 1. Each Member shall ensure that measures, in accordance with the Code, are in place on ships that fly its flag to provide seafarers employed on the ships with a right to material assistance and support from the shipowner with respect to the financial conse- quences of sickness, injury or death occurring while they are serving under a seafarers’ employment agreement or arising from their employment under such agreement.
Texto do artigo, página 188: 2. This Regulation does not affect any other legal remedies that a seafarer may seek. Standard A4.2 – Shipowners’ liability
Texto do artigo, página 188: 1. Each Member shall adopt laws and regulations requiring that shipowners of ships that fly its flag are responsible for health protection and medical care of all sea- farers working on board the ships in accordance with the following minimum standards: (a) shipowners shall be liable to bear the costs for seafarers working on their ships in respect of sickness and injury of the seafarers occurring between the date of com- mencing duty and the date upon which they are deemed duly repatriated, or aris- ing from their employment between those dates; (b) shipowners shall provide financial security to assure compensation in the event of death or long-term disability of seafarers due to an occupational injury, ill- ness or hazard, as set out in national law, the seafarers’ employment agreement or collective agreement; (c) shipowners shall be liable to defray the expense of medical care, including med- ical treatment and the supply of the necessary medicines and therapeutic appli- ances, and board and lodging away from home until the sick or injured seafarer has recovered, or until the sickness or incapacity has been declared of a perma- nent character; and
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Texto do artigo, página 189: Health protection, medical care, welfare and social security protection (d) shipowners shall be liable to pay the cost of burial expenses in the case of death occurring on board or ashore during the period of engagement.
Texto do artigo, página 189: 2. National laws or regulations may limit the liability of the shipowner to defray the expense of medical care and board and lodging to a period which shall not be less than 16 weeks from the day of the injury or the commencement of the sickness.
Texto do artigo, página 189: 3. Where the sickness or injury results in incapacity for work the shipowner shall be liable: (a) to pay full wages as long as the sick or injured seafarers remain on board or until the seafarers have been repatriated in accordance with this Convention; and (b) to pay wages in whole or in part as prescribed by national laws or regulations or as provided for in collective agreements from the time when the seafarers are repatriated or landed until their recovery or, if earlier, until they are entitled to cash benefits under the legislation of the Member concerned.
Texto do artigo, página 189: 4. National laws or regulations may limit the liability of the shipowner to pay wages in whole or in part in respect of a seafarer no longer on board to a period which shall not be less than 16 weeks from the day of the injury or the commencement of the sickness.
Texto do artigo, página 189: 5. National laws or regulations may exclude the shipowner from liability in respect of: (a) injury incurred otherwise than in the service of the ship; (b) injury or sickness due to the wilful misconduct of the sick, injured or deceased seafarer; and (c) sickness or infirmity intentionally concealed when the engagement is entered into.
Texto do artigo, página 189: 6. National laws or regulations may exempt the shipowner from liability to defray the expense of medical care and board and lodging and burial expenses in so far as such liability is assumed by the public authorities.
Texto do artigo, página 189: 7. Shipowners or their representatives shall take measures for safeguarding property left on board by sick, injured or deceased seafarers and for returning it to them or to their next of kin. Guideline B4.2 – Shipowners’ liability
Texto do artigo, página 189: 1. The payment of full wages required by Standard A4.2, paragraph 3(a), may be exclusive of bonuses.
Texto do artigo, página 189: 2. National laws or regulations may provide that a shipowner shall cease to be liable to bear the costs of a sick or injured seafarer from the time at which that seafarer can claim medical benefits under a scheme of compulsory sickness insurance, compulsory accident insurance or workers’ compensation for accidents.
Texto do artigo, página 189: 3. National laws or regulations may provide that burial expenses paid by the shipowner shall be reimbursed by an insurance institution in cases in which funeral benefit is payable in respect of the deceased seafarer under laws or regulations relating to social insurance or workers’ compensation.
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Texto do artigo, página 190: Maritime Labour Convention, 2006 Regulation 4.3 — Health and safety protection and accident prevention Purpose: To ensure that seafarers’ work environment on board ships promotes occupational safety and health
Texto do artigo, página 190: 1. Each Member shall ensure that seafarers on ships that fly its flag are provided with occupational health protection and live, work and train on board ship in a safe and hygienic environment.
Texto do artigo, página 190: 2. Each Member shall develop and promulgate national guidelines for the management of occupational safety and health on board ships that fly its flag, after consultation with representative shipowners’ and seafarers’ organizations and taking into account applicable codes, guidelines and standards recommended by international organizations, national administrations and maritime industry organizations.
Texto do artigo, página 190: 3. Each Member shall adopt laws and regulations and other measures addressing the matters specified in the Code, taking into account relevant international instruments, and set standards for occupational safety and health protection and accident prevention on ships that fly its flag. Standard A4.3 — Health and safety protection and accident prevention
Texto do artigo, página 190: 1. The laws and regulations and other measures to be adopted in accordance with Regulation 4.3, paragraph 3, shall include the following subjects: (a) the adoption and effective implementation and promotion of occupational safety and health policies and programmes on ships that fly the Member’s flag, including risk evaluation as well as training and instruction of seafarers; (b) reasonable precautions to prevent occupational accidents, injuries and diseases on board ship, including measures to reduce and prevent the risk of exposure to harmful levels of ambient factors and chemicals as well as the risk of injury or disease that may arise from the use of equipment and machinery on board ships; (c) on-board programmes for the prevention of occupational accidents, injuries and diseases and for continuous improvement in occupational safety and health protection, involving seafarers’ representatives and all other persons concerned in their implementation, taking account of preventive measures, including engineering and design control, substitution of processes and procedures for collective and individual tasks, and the use of personal protective equipment; and (d) requirements for inspecting, reporting and correcting unsafe conditions and for investigating and reporting on-board occupational accidents.
Texto do artigo, página 190: 2. The provisions referred to in paragraph 1 of this Standard shall: (a) take account of relevant international instruments dealing with occupational safety and health protection in general and with specific risks, and address all matters relevant to the prevention of occupational accidents, injuries and diseases that may be applicable to the work of seafarers and particularly those which are specific to maritime employment; (b) clearly specify the obligation of shipowners, seafarers and others concerned to comply with the applicable standards and with the ship’s occupational safety and health policy and programme with special attention being paid to the safety and health of seafarers under the age of 18;
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Texto do artigo, página 191: Health protection, medical care, welfare and social security protection (c) specify the duties of the master or a person designated by the master, or both, to take specific responsibility for the implementation of and compliance with the ship’s occupational safety and health policy and programme; and (d) specify the authority of the ship’s seafarers appointed or elected as safety representatives to participate in meetings of the ship’s safety committee. Such a committee shall be established on board a ship on which there are five or more seafarers.
Texto do artigo, página 191: 3. The laws and regulations and other measures referred to in Regulation 4.3, paragraph 3, shall be regularly reviewed in consultation with the representatives of shipowners’ and seafarers’ organizations and, if necessary, revised to take account of changes in technology and research in order to facilitate continuous improvement in occupational safety and health policies and programmes and to provide a safe occupational environment for seafarers on ships that fly the Member’s flag.
Texto do artigo, página 191: 4. Compliance with the requirements of applicable international instruments on the acceptable levels of exposure to workplace hazards on board ships and on the development and implementation of ships’ occupational safety and health policies and programmes shall be considered as meeting the requirements of this Convention.
Texto do artigo, página 191: 5. The competent authority shall ensure that: (a) occupational accidents, injuries and diseases are adequately reported, taking into account the guidance provided by the International Labour Organization with respect to the reporting and recording of occupational accidents and diseases; (b) comprehensive statistics of such accidents and diseases are kept, analysed and published and, where appropriate, followed up by research into general trends and into the hazards identified; and (c) occupational accidents are investigated.
Texto do artigo, página 191: 6. Reporting and investigation of occupational safety and health matters shall be designed to ensure the protection of seafarers’ personal data, and shall take account of the guidance provided by the International Labour Organization on this matter.
Texto do artigo, página 191: 7. The competent authority shall cooperate with shipowners’ and seafarers’ organizations to take measures to bring to the attention of all seafarers information concerning particular hazards on board ships, for instance, by posting official notices containing relevant instructions.
Texto do artigo, página 191: 8. The competent authority shall require that shipowners conducting risk evaluation in relation to management of occupational safety and health refer to appropriate statistical information from their ships and from general statistics provided by the competent authority. Guideline B4.3 – Health and safety protection and accident prevention Guideline B4.3.1 – Provisions on occupational accidents, injuries and diseases
Texto do artigo, página 191: 1. The provisions required under Standard A4.3 should take into account the ILO code of practice entitled Accident prevention on board ship at sea and in port, 1996, and subsequent versions and other related ILO and other international standards and guidelines and codes of practice regarding occupational safety and health protection, including any exposure levels that they may identify.
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Texto do artigo, página 192: Maritime Labour Convention, 2006
Texto do artigo, página 192: 2. The competent authority should ensure that the national guidelines for the management of occupational safety and health address the following matters, in particular: (a) general and basic provisions; (b) structural features of the ship, including means of access and asbestos-related risks; (c) machinery; (d) the effects of the extremely low or high temperature of any surfaces with which seafarers may be in contact; (e) the effects of noise in the workplace and in shipboard accommodation; (f) the effects of vibration in the workplace and in shipboard accommodation; (g) the effects of ambient factors, other than those referred to in subparagraphs (e) and (f), in the workplace and in shipboard accommodation, including tobacco smoke; (h) special safety measures on and below deck; (i) loading and unloading equipment; (j) fire prevention and fire-fighting; (k) anchors, chains and lines; (l) dangerous cargo and ballast; (m) personal protective equipment for seafarers; (n) work in enclosed spaces; (o) physical and mental effects of fatigue; (p) the effects of drug and alcohol dependency; (q) HIV/AIDS protection and prevention; and (r) emergency and accident response.
Texto do artigo, página 192: 3. The assessment of risks and reduction of exposure on the matters referred to in paragraph 2 of this Guideline should take account of the physical occupational health effects, including manual handling of loads, noise and vibration, the chemical and biological occupational health effects, the mental occupational health effects, the physical and mental health effects of fatigue, and occupational accidents. The necessary measures should take due account of the preventive principle according to which, among other things, combating risk at the source, adapting work to the individual, es- pecially as regards the design of workplaces, and replacing the dangerous by the non- dangerous or the less dangerous, have precedence over personal protective equipment for seafarers.
Texto do artigo, página 192: 4. In addition, the competent authority should ensure that the implications for health and safety are taken into account, particularly in the following areas: (a) emergency and accident response; (b) the effects of drug and alcohol dependency; and (c) HIV/AIDS protection and prevention. Guideline B4.3.2 — Exposure to noise
Texto do artigo, página 192: 1. The competent authority, in conjunction with the competent international bodies and with representatives of shipowners’ and seafarers’ organizations concerned,
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Texto do artigo, página 193: Health protection, medical care, welfare and social security protection should review on an ongoing basis the problem of noise on board ships with the objective of improving the protection of seafarers, in so far as practicable, from the adverse effects of exposure to noise.
Texto do artigo, página 193: 2. The review referred to in paragraph 1 of this Guideline should take account of the adverse effects of exposure to excessive noise on the hearing, health and comfort of seafarers and the measures to be prescribed or recommended to reduce shipboard noise to protect seafarers. The measures to be considered should include the following: (a) instruction of seafarers in the dangers to hearing and health of prolonged ex- posure to high noise levels and in the proper use of noise protection devices and equipment; (b) provision of approved hearing protection equipment to seafarers where neces- sary; and (c) assessment of risk and reduction of exposure levels to noise in all accommodation and recreational and catering facilities, as well as engine rooms and other machin- ery spaces. Guideline B4.3.3 – Exposure to vibration
Texto do artigo, página 193: 1. The competent authority, in conjunction with the competent international bodies. and with representatives of shipowners' and seafarers' organizations concerned, and taking into account, as appropriate, relevant inter- national standards, should review on an ongoing basis the problem of vibration on board ships with the objective of improving the protection of seafarers, in so far as practicable, from the adverse effects of vibration.
Texto do artigo, página 193: 2. The review referred to in paragraph 1 of this Guideline should cover the effect of exposure to excessive vibration on the health and comfort of seafarers and the measures to be prescribed or recommended to reduce shipboard vibration to protect seafarers. The measures to be considered should include the following: (a) instruction of seafarers in the dangers to their health of prolonged exposure to vibration; (b) provision of approved personal protective equipment to seafarers where neces- sary; and (c) assessment of risks and reduction of exposure to vibration in all accommodation and recreational and catering facilities by adopting measures in accordance with the guidance provided by the ILO code of practice entitled Ambient factors in the workplace, 2001, and any subsequent revisions, taking account of the differ- ence between exposure in those areas and in the workplace. Guideline B4.3.4 – Obligations of shipowners
Texto do artigo, página 193: 1. Any obligation on the shipowner to provide protective equipment or other accident prevention safeguards should, in general, be accompanied by provisions requiring their use by seafarers and by a requirement for seafarers to comply with the relevant accident prevention and health protection measures.
Texto do artigo, página 193: 2. Account should also be taken of Articles 7 and 11 of the Guarding of Machinery Convention, 1963 (No. 119), and the corresponding provisions of the Guarding of Machinery Recommendation, 1963 (No. 118), under which the obligation to ensure compliance with the requirement that machinery in use is properly guarded, and its use
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Texto do artigo, página 194: Maritime Labour Convention, 2006 without appropriate guards prevented, rests on the employer, while there is an obligation on the worker not to use machinery without the guards being in position nor to make in- operative the guards provided. Guideline B4.3.5 – Reporting and collection of statistics
Texto do artigo, página 194: 1. All occupational accidents and occupational injuries and diseases should be reported so that they can be investigated and comprehensive statistics can be kept, analysed and published, taking account of protection of the personal data of the sea- farers concerned. Reports should not be limited to fatalities or to accidents involving the ship.
Texto do artigo, página 194: 2. The statistics referred to in paragraph 1 of this Guideline should record the numbers, nature, causes and effects of occupational accidents and occupational in- juries and diseases, with a clear indication, as applicable, of the department on board a ship, the type of accident and whether at sea or in port.
Texto do artigo, página 194: 3. Each Member should have due regard to any international system or model for recording accidents to seafarers which may have been established by the Inter- national Labour Organization. Guideline B4.3.6 – Investigations
Texto do artigo, página 194: 1. The competent authority should undertake investigations into the causes and circumstances of all occupational accidents and occupational injuries and diseases re- sulting in loss of life or serious personal injury, and such other cases as may be specified in national laws or regulations.
Texto do artigo, página 194: 2. Consideration should be given to including the following as subjects of investigation: (a) working environment, such as working surfaces, layout of machinery, means of access, lighting and methods of work; (b) incidence in different age groups of occupational accidents and occupational in- juries and diseases; (c) special physiological or psychological problems created by the shipboard environment; (d) problems arising from physical stress on board a ship, in particular as a conse- quence of increased workload; (e) problems arising from and effects of technical developments and their influence on the composition of crews; and (f) problems arising from any human failures. Guideline B4.3.7 – National protection and prevention programmes
Texto do artigo, página 194: 1. In order to provide a sound basis for measures to promote occupational safety and health protection and prevention of accidents, injuries and diseases which are due to particular hazards of maritime employment, research should be undertaken into general trends and into such hazards as are revealed by statistics.
Texto do artigo, página 194: 2. The implementation of protection and prevention programmes for the promo- tion of occupational safety and health should be so organized that the competent authority, shipowners and seafarers or their representatives and other appropriate bodies may
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Texto do artigo, página 195: Health protection, medical care, welfare and social security protection play an active role, including through such means as information sessions, on-board guidelines on maximum exposure levels to potentially harmful ambient workplace fac- tors and other hazards or outcomes of a systematic risk evaluation process. In particular, national or local joint occupational safety and health protection and accident prevention committees or ad hoc working parties and on-board committees, on which shipowners’ and seafarers’ organizations concerned are represented, should be established.
Texto do artigo, página 195: 3. Where such activity takes place at company level, the representation of sea- farers on any safety committee on board that shipowner’s ships should be considered. Guideline B4.3.8 – Content of protection and prevention programmes
Texto do artigo, página 195: 1. Consideration should be given to including the following in the functions of the committees and other bodies referred to in Guideline B4.3.7, paragraph 2: (a) the preparation of national guidelines and policies for occupational safety and health management systems and for accident prevention provisions, rules and manuals; (b) the organization of occupational safety and health protection and accident pre- vention training and programmes; (c) the organization of publicity on occupational safety and health protection and ac- cident prevention, including films, posters, notices and brochures; and (d) the distribution of literature and information on occupational safety and health protection and accident prevention so that it reaches seafarers on board ships.
Texto do artigo, página 195: 2. Relevant provisions or recommendations adopted by the appropriate national authorities or organizations or international organizations should be taken into account by those preparing texts of occupational safety and health protection and accident prevention measures or recommended practices.
Texto do artigo, página 195: 3. In formulating occupational safety and health protection and accident pre- vention programmes, each Member should have due regard to any code of practice concerning the safety and health of seafarers which may have been published by the International Labour Organization. Guideline B4.3.9 – Instruction in occupational safety and health protection and the prevention of occupational accidents
Texto do artigo, página 195: 1. The curriculum for the training referred to in Standard A4.3, paragraph 1(a), should be reviewed periodically and brought up to date in the light of development in types and sizes of ships and in their equipment, as well as changes in manning practices, nationality, language and the organization of work on board ships.
Texto do artigo, página 195: 2. There should be continuous occupational safety and health protection and accident prevention publicity. Such publicity might take the following forms: (a) educational audiovisual material, such as films, for use in vocational training cen- tres for seafarers and where possible shown on board ships; (b) display of posters on board ships; (c) inclusion in periodicals read by seafarers of articles on the hazards of maritime employment and on occupational safety and health protection and accident pre- vention measures; and (d) special campaigns using various publicity media to instruct seafarers, including campaigns on safe working practices.
Texto do artigo, página 197: Health protection, medical care, welfare and social security protection
Texto do artigo, página 197: 2. In developing programmes for promoting occupational safety and health protection and prevention of accidents under Standard A4.3, each Member should have due regard to relevant codes of practice published by the International Labour Organization and the appropriate standards of international organizations.
Texto do artigo, página 197: 3. Members should have regard to the need for international cooperation in the continuous promotion of activity related to occupational safety and health protection and prevention of occupational accidents. Such cooperation might take the form of: (a) bilateral or multilateral arrangements for uniformity in occupational safety and health protection and accident prevention standards and safeguards; (b) exchange of information on particular hazards affecting seafarers and on means of promoting occupational safety and health protection and preventing accidents; (c) assistance in testing of equipment and inspection according to the national regulations of the flag State; (d) collaboration in the preparation and dissemination of occupational safety and health protection and accident prevention provisions, rules or manuals; (e) collaboration in the production and use of training aids; and (f) joint facilities for, or mutual assistance in, the training of seafarers in occupational safety and health protection, accident prevention and safe working practices. Regulation 4.4 – Access to shore-based welfare facilities Purpose: To ensure that seafarers working on board a ship have access to shore-based facilities and services to secure their health and well-being
Texto do artigo, página 197: 1. Each Member shall ensure that shore-based welfare facilities, where they exist, are easily accessible. The Member shall also promote the development of welfare facilities, such as those listed in the Code, in designated ports to provide seafarers on ships that are in its ports with access to adequate welfare facilities and services.
Texto do artigo, página 197: 2. The responsibilities of each Member with respect to shore-based facilities, such as welfare, cultural, recreational and information facilities and services, are set out in the Code. Standard A4.4 – Access to shore-based welfare facilities
Texto do artigo, página 197: 1. Each Member shall require, where welfare facilities exist on its territory, that they are available for the use of all seafarers, irrespective of nationality, race, colour, sex, religion, political opinion or social origin and irrespective of the flag State of the ship on which they are employed or engaged or work.
Texto do artigo, página 197: 2. Each Member shall promote the development of welfare facilities in appropriate ports of the country and determine, after consultation with the shipowners' and seafarers' organizations concerned, which ports are to be regarded as appropriate.
Texto do artigo, página 197: 3. Each Member shall encourage the establishment of welfare boards which shall regularly review welfare facilities and services to ensure that they are appropriate in the light of changes in the needs of seafarers resulting from technical, operational and other developments in the shipping industry.
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Texto do artigo, página 198: Maritime Labour Convention, 2006 Guideline B4.4 – Access to shore-based welfare facilities Guideline B4.4.1 – Responsibilities of Members
Texto do artigo, página 198: 1. Each Member should: (a) take measures to ensure that adequate welfare facilities and services are provided for seafarers in designated ports of call and that adequate protection is provided to seafarers in the exercise of their profession; and (b) take into account, in the implementation of these measures, the special needs of seafarers, especially when in foreign countries and when entering war zones, in respect of their safety, health and spare-time activities.
Texto do artigo, página 198: 2. Arrangements for the supervision of welfare facilities and services should in- clude participation by representative shipowners' and seafarers' organizations concerned.
Texto do artigo, página 198: 3. Each Member should take measures designed to expedite the free circulation among ships, central supply agencies and welfare establishments of welfare materials such as films, books, newspapers and sports equipment for use by seafarers on board their ships and in welfare centres ashore.
Texto do artigo, página 198: 4. Members should cooperate with one another in promoting the welfare of seafarers at sea and in port. Such cooperation should include the following: (a) consultations among competent authorities aimed at the provision and improve- ment of seafarers' welfare facilities and services, both in port and on board ships; (b) agreements on the pooling of resources and the joint provision of welfare facil- ities in major ports so as to avoid unnecessary duplication; (c) organization of international sports competitions and encouragement of the par- ticipation of seafarers in sports activities; and (d) organization of international seminars on the subject of welfare of seafarers at sea and in port. Guideline B4.4.2 – Welfare facilities and services in ports
Texto do artigo, página 198: 1. Each Member should provide or ensure the provision of such welfare facil- ities and services as may be required, in appropriate ports of the country.
Texto do artigo, página 198: 2. Welfare facilities and services should be provided, in accordance with national conditions and practice, by one or more of the following: (a) public authorities; (b) shipowners' and seafarers' organizations concerned under collective agreements or other agreed arrangements; and (c) voluntary organizations.
Texto do artigo, página 198: 3. Necessary welfare and recreational facilities should be established or devel- oped in ports. These should include: (a) meeting and recreation rooms as required; (b) facilities for sports and outdoor facilities, including competitions; (c) educational facilities; and (d) where appropriate, facilities for religious observances and for personal counselling.
Texto do artigo, página 198: 4. These facilities may be provided by making available to seafarers in accord- ance with their needs facilities designed for more general use.
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Texto do artigo, página 199: . Health protection, medical care, welfare and social security protection
Texto do artigo, página 199: 5. Where large numbers of seafarers of different nationalities require facilities such as hotels, clubs and sports facilities in a particular port, the competent authorities or bodies of the countries of origin of the seafarers and of the flag States, as well as the international associations concerned, should consult and cooperate with the competent authorities and bodies of the country in which the port is situated and with one another, with a view to the pooling of resources and to avoiding unnecessary duplication.
Texto do artigo, página 199: 6. Hotels or hostels suitable for seafarers should be available where there is need for them. They should provide facilities equal to those found in a good-class hotel, and should wherever possible be located in good surroundings away from the immediate vicinity of the docks. Such hotels or hostels should be properly supervised, the prices charged should be reasonable in amount and, where necessary and possible, provision should be made for accommodating seafarers’ families.
Texto do artigo, página 199: 7. These accommodation facilities should be open to all seafarers, irrespective of nationality, race, colour, sex, religion, political opinion or social origin and irrespective of the flag State of the ship on which they are employed or engaged or work. Without in any way infringing this principle, it may be necessary in certain ports to provide several types of facilities, comparable in standard but adapted to the customs and needs of different groups of seafarers.
Texto do artigo, página 199: 8. Measures should be taken to ensure that, as necessary, technically competent persons are employed full time in the operation of seafarers’ welfare facilities and services, in addition to any voluntary workers. Guideline B4.4.3 – Welfare boards
Texto do artigo, página 199: 1. Welfare boards should be established, at the port, regional and national levels, as appropriate. Their functions should include: (a) keeping under review the adequacy of existing welfare facilities and monitoring the need for the provision of additional facilities or the withdrawal of underutilized facilities; and (b) assisting and advising those responsible for providing welfare facilities and ensuring coordination between them.
Texto do artigo, página 199: 2. Welfare boards should include among their members representatives of shipowners’ and seafarers’ organizations, the competent authorities and, where appropriate, voluntary organizations and social bodies.
Texto do artigo, página 199: 3. As appropriate, consuls of maritime States and local representatives of foreign welfare organizations should, in accordance with national laws and regulations, be associated with the work of port, regional and national welfare boards. Guideline B4.4.4 – Financing of welfare facilities
Texto do artigo, página 199: 1. In accordance with national conditions and practice, financial support for port welfare facilities should be made available through one or more of the following: (a) grants from public funds; (b) levies or other special dues from shipping sources; (c) voluntary contributions from shipowners, seafarers, or their organizations; and (d) voluntary contributions from other sources.
Texto do artigo, página 199: 2. Where welfare taxes, levies and special dues are imposed, they should be used only for the purposes for which they are raised.
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Texto do artigo, página 200: Maritime Labour Convention, 2006 Guideline B4.4.5 – Dissemination of information and facilitation measures
Texto do artigo, página 200: 1. Information should be disseminated among seafarers concerning facilities open to the general public in ports of call, particularly transport, welfare, entertain- ment and educational facilities and places of worship, as well as facilities provided spe- cifically for seafarers.
Texto do artigo, página 200: 2. Adequate means of transport at moderate prices should be available at any reasonable time in order to enable seafarers to reach urban areas from convenient locations in the port.
Texto do artigo, página 200: 3. All suitable measures should be taken by the competent authorities to make known to shipowners and to seafarers entering port any special laws and customs, the contravention of which may jeopardize their freedom.
Texto do artigo, página 200: 4. Port areas and access roads should be provided by the competent authorities with adequate lighting and signposting and regular patrols for the protection of seafarers. Guideline B4.4.6 – Seafarers in a foreign port
Texto do artigo, página 200: 1. For the protection of seafarers in foreign ports, measures should be taken to facilitate: (a) access to consuls of their State of nationality or State of residence; and (b) effective cooperation between consuls and the local or national authorities.
Texto do artigo, página 200: 2. Seafarers who are detained in a foreign port should be dealt with promptly under due process of law and with appropriate consular protection.
Texto do artigo, página 200: 3. Whenever a seafarer is detained for any reason in the territory of a Member, the competent authority should, if the seafarer so requests, immediately inform the flag State and the State of nationality of the seafarer. The competent authority should promptly inform the seafarer of the right to make such a request. The State of nation- ality of the seafarer should promptly notify the seafarer’s next of kin. The competent authority should allow consular officers of these States immediate access to the seafarer and regular visits thereafter so long as the seafarer is detained.
Texto do artigo, página 200: 4. Each Member should take measures, whenever necessary, to ensure the safety of seafarers from aggression and other unlawful acts while ships are in their terri- torial waters and especially in approaches to ports.
Texto do artigo, página 200: 5. Every effort should be made by those responsible in port and on board a ship to facilitate shore leave for seafarers as soon as possible after a ship’s arrival in port. Regulation 4.5 – Social security Purpose: To ensure that measures are taken with a view to providing seafarers with access to social security protection
Texto do artigo, página 200: 1. Each Member shall ensure that all seafarers and, to the extent provided for in its national law, their dependants have access to social security protection in ac- cordance with the Code without prejudice however to any more favourable conditions referred to in paragraph 8 of article 19 of the Constitution.
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Texto do artigo, página 201: 1 Health protection, medical care, welfare and social security protection
Texto do artigo, página 201: 2. Each Member undertakes to take steps, according to its national circum- stances, individually and through international cooperation, to achieve progressively comprehensive social security protection for seafarers.
Texto do artigo, página 201: 3. Each Member shall ensure that seafarers who are subject to its social security legislation and, to the extent provided for in its national law, their dependants, are en- titled to benefit from social security protection no less favourable than that enjoyed by shoreworkers. Standard A4.5 – Social security
Texto do artigo, página 201: 1. The branches to be considered with a view to achieving progressively com- prehensive social security protection under Regulation 4.5 are: medical care, sickness benefit, unemployment benefit, old-age benefit, employment injury benefit, family benefit, maternity benefit, invalidity benefit and survivors' benefit, complementing the protection provided for under Regulations 4.1, on medical care, and 4.2, on ship- owners' liability, and under other titles of this Convention.
Texto do artigo, página 201: 2. At the time of ratification, the protection to be provided by each Member in accordance with Regulation 4.5, paragraph 1, shall include at least three of the nine branches listed in paragraph 1 of this Standard.
Texto do artigo, página 201: 3. Each Member shall take steps according to its national circumstances to pro- vide the complementary social security protection referred to in paragraph 1 of this Standard to all seafarers ordinarily resident in its territory. This responsibility could be satisfied, for example, through appropriate bilateral or multilateral agreements or contribution-based systems. The resulting protection shall be no less favourable than that enjoyed by shoreworkers resident in their territory.
Texto do artigo, página 201: 4. Notwithstanding the attribution of responsibilities in paragraph 3 of this Standard, Members may determine, through bilateral and multilateral agreements and through provisions adopted in the framework of regional economic integration organ- izations, other rules concerning the social security legislation to which seafarers are subject.
Texto do artigo, página 201: 5. Each Member's responsibilities with respect to seafarers on ships that fly its flag shall include those provided for by Regulations 4.1 and 4.2 and the related provi- sions of the Code, as well as those that are inherent in its general obligations under international law.
Texto do artigo, página 201: 6. Each Member shall give consideration to the various ways in which compar- able benefits will, in accordance with national law and practice, be provided to sea- farers in the absence of adequate coverage in the branches referred to in paragraph 1 of this Standard.
Texto do artigo, página 201: 7. The protection under Regulation 4.5, paragraph 1, may, as appropriate, be contained in laws or regulations, in private schemes or in collective bargaining agree- ments or in a combination of these.
Texto do artigo, página 201: 8. To the extent consistent with their national law and practice, Members shall cooperate, through bilateral or multilateral agreements or other arrangements, to ensure the maintenance of social security rights, provided through contributory or non-contributory schemes, which have been acquired, or are in the course of acquisi- tion, by all seafarers regardless of residence.
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Texto do artigo, página 203: TITLE 5. COMPLIANCE AND ENFORCEMENT
Texto do artigo, página 203: 1. The Regulations in this Title specify each Member’s responsibility to fully implement and enforce the principles and rights set out in the Articles of this Convention as well as the particular obligations provided for under its Titles 1, 2, 3 and 4.
Texto do artigo, página 203: 2. Paragraphs 3 and 4 of Article VI, which permit the implementation of Part A of the Code through substantially equivalent provisions, do not apply to Part A of the Code in this Title.
Texto do artigo, página 203: 3. In accordance with paragraph 2 of Article VI, each Member shall implement its responsibilities under the Regulations in the manner set out in the corresponding Standards of Part A of the Code, giving due consideration to the corresponding Guidelines in Part B of the Code.
Texto do artigo, página 203: 4. The provisions of this Title shall be implemented bearing in mind that seafarers and shipowners, like all other persons, are equal before the law and are entitled to the equal protection of the law and shall not be subject to discrimination in their access to courts, tribunals or other dispute resolution mechanisms. The provisions of this Title do not determine legal jurisdiction or a legal venue. Regulation 5.1 - Flag State responsibilities Purpose: To ensure that each Member implements its responsibilities under this Convention with respect to ships that fly its flag Regulation 5.1.1 - General principles
Texto do artigo, página 203: 1. Each Member is responsible for ensuring implementation of its obligations under this Convention on ships that fly its flag.
Texto do artigo, página 203: 2. Each Member shall establish an effective system for the inspection and certification of maritime labour conditions, in accordance with Regulations 5.1.3 and 5.1.4 ensuring that the working and living conditions for seafarers on ships that fly its flag meet, and continue to meet, the standards in this Convention.
Texto do artigo, página 203: 3. In establishing an effective system for the inspection and certification of maritime labour conditions, a Member may, where appropriate, authorize public institutions or other organizations (including those of another Member, if the latter agrees) which it recognizes as competent and independent to carry out inspections or to issue certificates or to do both. In all cases, the Member shall remain fully responsible for the inspection and certification of the working and living conditions of the seafarers concerned on ships that fly its flag.
Texto do artigo, página 203: 4. A maritime labour certificate, complemented by a declaration of maritime labour compliance, shall constitute prima facie evidence that the ship has been duly inspected by the Member whose flag it flies and that the requirements of this Convention
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Texto do artigo, página 204: Maritime Labour Convention, 2006 relating to working and living conditions of the seafarers have been met to the extent so certified.
Texto do artigo, página 204: 5. Information about the system referred to in paragraph 2 of this Regulation, including the method used for assessing its effectiveness, shall be included in the Member’s reports to the International Labour Office pursuant to article 22 of the Constitution. Standard A5.1.1 – General principles
Texto do artigo, página 204: 1. Each Member shall establish clear objectives and standards covering the administration of its inspection and certification systems, as well as adequate overall procedures for its assessment of the extent to which those objectives and standards are being attained.
Texto do artigo, página 204: 2. Each Member shall require all ships that fly its flag to have a copy of this Convention available on board. Guideline B5.1.1 – General principles
Texto do artigo, página 204: 1. The competent authority should make appropriate arrangements to promote effective cooperation between public institutions and other organizations, referred to in Regulations 5.1.1 and 5.1.2, concerned with seafarers’ shipboard working and living conditions.
Texto do artigo, página 204: 2. In order to better ensure cooperation between inspectors and shipowners, seafarers and their respective organizations, and to maintain or improve seafarers’ working and living conditions, the competent authority should consult the representatives of such organizations at regular intervals as to the best means of attaining these ends. The manner of such consultation should be determined by the competent authority after consulting with shipowners’ and seafarers’ organizations. Regulation 5.1.2 – Authorization of recognized organizations
Texto do artigo, página 204: 1. The public institutions or other organizations referred to in paragraph 3 of Regulation 5.1.1 (“recognized organizations”) shall have been recognized by the competent authority as meeting the requirements in the Code regarding competency and independence. The inspection or certification functions which the recognized organizations may be authorized to carry out shall come within the scope of the activities that are expressly mentioned in the Code as being carried out by the competent authority or a recognized organization.
Texto do artigo, página 204: 2. The reports referred to in paragraph 5 of Regulation 5.1.1 shall contain information regarding any recognized organization, the extent of authorizations given and the arrangements made by the Member to ensure that the authorized activities are carried out completely and effectively. Standard A5.1.2 – Authorization of recognized organizations
Texto do artigo, página 204: 1. For the purpose of recognition in accordance with paragraph 1 of Regulation 5.1.2, the competent authority shall review the competency and independence of the organization concerned and determine whether the organization has demonstrated, to the extent necessary for carrying out the activities covered by the authorization conferred on it, that the organization:
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Texto do artigo, página 205: Compliance and enforcement (a) has the necessary expertise in the relevant aspects of this Convention and an appropriate knowledge of ship operations, including the minimum requirements for seafarers to work on a ship, conditions of employment, accommodation, recreational facilities, food and catering, accident prevention, health protection, medical care, welfare and social security protection; (b) has the ability to maintain and update the expertise of its personnel; (c) has the necessary knowledge of the requirements of this Convention as well as of applicable national laws and regulations and relevant international instruments; and (d) is of the appropriate size, structure, experience and capability commensurate with the type and degree of authorization.
Texto do artigo, página 205: 2. Any authorizations granted with respect to inspections shall, as a minimum, empower the recognized organization to require the rectification of deficiencies that it identifies in seafarers’ working and living conditions and to carry out inspections in this regard at the request of a port State.
Texto do artigo, página 205: 3. Each Member shall establish: (a) a system to ensure the adequacy of work performed by recognized organizations, which includes information on all applicable national laws and regulations and relevant international instruments; and (b) procedures for communication with and oversight of such organizations.
Texto do artigo, página 205: 4. Each Member shall provide the International Labour Office with a current list of any recognized organizations authorized to act on its behalf and it shall keep this list up to date. The list shall specify the functions that the recognized organizations have been authorized to carry out. The Office shall make the list publicly available. Guideline B5.1.2 – Authorization of recognized organizations
Texto do artigo, página 205: 1. The organization seeking recognition should demonstrate the technical, administrative and managerial competence and capacity to ensure the provision of timely service of satisfactory quality.
Texto do artigo, página 205: 2. In evaluating the capability of an organization, the competent authority should determine whether the organization: (a) has adequate technical, managerial and support staff; (b) has sufficient qualified professional staff to provide the required service, representing an adequate geographical coverage; (c) has proven ability to provide a timely service of satisfactory quality; and (d) is independent and accountable in its operations.
Texto do artigo, página 205: 3. The competent authority should conclude a written agreement with any organization that it recognizes for purposes of an authorization. The agreement should include the following elements: (a) scope of application; (b) purpose; (c) general conditions; (d) the execution of functions under authorization; (e) legal basis of the functions under authorization;
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Texto do artigo, página 206: Maritime Labour Convention, 2006 (f) reporting to the competent authority; (g) specification of the authorization from the competent authority to the recognized organization; and (h) the competent authority’s supervision of activities delegated to the recognized organization.
Texto do artigo, página 206: 4. Each Member should require the recognized organizations to develop a sys- tem for qualification of staff employed by them as inspectors to ensure the timely up- dating of their knowledge and expertise.
Texto do artigo, página 206: 5. Each Member should require the recognized organizations to maintain records of the services performed by them such that they are able to demonstrate achievement of the required standards in the items covered by the services.
Texto do artigo, página 206: 6. In establishing the oversight procedures referred to in Standard A5.1.2, para- graph 3(b), each Member should take into account the Guidelines for the Authoriza- tion of Organizations Acting on Behalf of the Administration, adopted in the frame- work of the International Maritime Organization. Regulation 5.1.3 – Maritime labour certificate and declaration of maritime labour compliance
Texto do artigo, página 206: 1. This Regulation applies to ships of: (a) 500 gross tonnage or over, engaged in international voyages; and (b) 500 gross tonnage or over, flying the flag of a Member and operating from a port, or between ports, in another country. For the purpose of this Regulation, “international voyage” means a voyage from a coun- try to a port outside such a country.
Texto do artigo, página 206: 2. This Regulation also applies to any ship that flies the flag of a Member and is not covered by paragraph 1 of this Regulation, at the request of the shipowner to the Member concerned.
Texto do artigo, página 206: 3. Each Member shall require ships that fly its flag to carry and maintain a mari- time labour certificate certifying that the working and living conditions of seafarers on the ship, including measures for ongoing compliance to be included in the declaration of maritime labour compliance referred to in paragraph 4 of this Regulation, have been inspected and meet the requirements of national laws or regulations or other measures implementing this Convention.
Texto do artigo, página 206: 4. Each Member shall require ships that fly its flag to carry and maintain a declaration of maritime labour compliance stating the national requirements imple- menting this Convention for the working and living conditions for seafarers and setting out the measures adopted by the shipowner to ensure compliance with the require- ments on the ship or ships concerned.
Texto do artigo, página 206: 5. The maritime labour certificate and the declaration of maritime labour com- pliance shall conform to the model prescribed by the Code.
Texto do artigo, página 206: 6. Where the competent authority of the Member or a recognized organization duly authorized for this purpose has ascertained through inspection that a ship that flies the Member’s flag meets or continues to meet the standards of this Convention, it shall issue or renew a maritime labour certificate to that effect and maintain a publicly available record of that certificate.
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Texto do artigo, página 207: Compliance and enforcement
Texto do artigo, página 207: 7. Detailed requirements for the maritime labour certificate and the declara- tion of maritime labour compliance, including a list of the matters that must be in- spected and approved, are set out in Part A of the Code. Standard A5.1.3 – Maritime labour certificate and declaration of maritime labour compliance
Texto do artigo, página 207: 1. The maritime labour certificate shall be issued to a ship by the competent authority, or by a recognized organization duly authorized for this purpose, for a period which shall not exceed five years. A list of matters that must be inspected and found to meet national laws and regulations or other measures implementing the re- quirements of this Convention regarding the working and living conditions of seafarers on ships before a maritime labour certificate can be issued is found in Appendix A5-I.
Texto do artigo, página 207: 2. The validity of the maritime labour certificate shall be subject to an inter- mediate inspection by the competent authority, or by a recognized organization duly authorized for this purpose, to ensure continuing compliance with the national require- ments implementing this Convention. If only one intermediate inspection is carried out and the period of validity of the certificate is five years, it shall take place between the second and third anniversary dates of the certificate. Anniversary date means the day and month of each year which will correspond to the date of expiry of the maritime labour certificate. The scope and depth of the intermediate inspection shall be equal to an inspection for renewal of the certificate. The certificate shall be endorsed following satisfactory intermediate inspection.
Texto do artigo, página 207: 3. Notwithstanding paragraph 1 of this Standard, when the renewal inspection has been completed within three months before the expiry of the existing maritime labour certificate, the new maritime labour certificate shall be valid from the date of completion of the renewal inspection for a period not exceeding five years from the date of expiry of the existing certificate.
Texto do artigo, página 207: 4. When the renewal inspection is completed more than three months before the expiry date of the existing maritime labour certificate, the new maritime labour certificate shall be valid for a period not exceeding five years starting from the date of completion of the renewal inspection.
Texto do artigo, página 207: 5. A maritime labour certificate may be issued on an interim basis: (a) to new ships on delivery; (b) when a ship changes flag; or (c) when a shipowner assumes responsibility for the operation of a ship which is new to that shipowner.
Texto do artigo, página 207: 6. An interim maritime labour certificate may be issued for a period not ex- ceeding six months by the competent authority or a recognized organization duly authorized for this purpose.
Texto do artigo, página 207: 7. An interim maritime labour certificate may only be issued following verifica- tion that: (a) the ship has been inspected, as far as reasonable and practicable, for the matters listed in Appendix A5-I, taking into account verification of items under subpara- graphs (b), (c), and (d) of this paragraph; (b) the shipowner has demonstrated to the competent authority or recognized organ- ization that the ship has adequate procedures to comply with this Convention;
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Texto do artigo, página 208: Maritime Labour Convention, 2006 (c) the master is familiar with the requirements of this Convention and the responsibilities for implementation; and (d) relevant information has been submitted to the competent authority or recognized organization to produce a declaration of maritime labour compliance.
Texto do artigo, página 208: 8. A full inspection in accordance with paragraph 1 of this Standard shall be carried out prior to expiry of the interim certificate to enable issue of the full-term maritime labour certificate. No further interim certificate may be issued following the initial six months referred to in paragraph 6 of this Standard. A declaration of maritime labour compliance need not be issued for the period of validity of the interim certificate.
Texto do artigo, página 208: 9. The maritime labour certificate, the interim maritime labour certificate and the declaration of maritime labour compliance shall be drawn up in the form corresponding to the models given in Appendix A5-II.
Texto do artigo, página 208: 10. The declaration of maritime labour compliance shall be attached to the maritime labour certificate. It shall have two parts: (a) Part I shall be drawn up by the competent authority which shall: (i) identify the list of matters to be inspected in accordance with paragraph 1 of this Standard; (ii) identify the national requirements embodying the relevant provisions of this Convention by providing a reference to the relevant national legal provisions as well as, to the extent necessary, concise information on the main content of the national requirements; (iii) refer to ship-type specific requirements under national legislation; (iv) record any substantially equivalent provisions adopted pursuant to paragraph 3 of Article VI; and (v) clearly indicate any exemption granted by the competent authority as provided in Title 3; and (b) Part II shall be drawn up by the shipowner and shall identify the measures adopted to ensure ongoing compliance with the national requirements between inspections and the measures proposed to ensure that there is continuous improvement. The competent authority or recognized organization duly authorized for this purpose shall certify Part II and shall issue the declaration of maritime labour compliance.
Texto do artigo, página 208: 11. The results of all subsequent inspections or other verifications carried out with respect to the ship concerned and any significant deficiencies found during any such verification shall be recorded, together with the date when the deficiencies were found to have been remedied. This record, accompanied by an English-language translation where it is not in English, shall, in accordance with national laws or regulations, be inscribed upon or appended to the declaration of maritime labour compliance or made available in some other way to seafarers, flag State inspectors, authorized officers in port States and shipowners' and seafarers' representatives.
Texto do artigo, página 208: 12. A current valid maritime labour certificate and declaration of maritime labour compliance, accompanied by an English-language translation where it is not in English, shall be carried on the ship and a copy shall be posted in a conspicuous place on board where it is available to the seafarers. A copy shall be made available in accordance with national laws and regulations, upon request, to seafarers, flag State inspectors, authorized officers in port States, and shipowners' and seafarers' representatives.
Texto do artigo, página 208: 13. The requirement for an English-language translation in paragraphs 11 and 12 of this Standard does not apply in the case of a ship not engaged in an international voyage.
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Texto do artigo, página 209: Compliance and enforcement
Texto do artigo, página 209: 14. A certificate issued under paragraph 1 or 5 of this Standard shall cease to be valid in any of the following cases: (a) if the relevant inspections are not completed within the periods specified under paragraph 2 of this Standard; (b) if the certificate is not endorsed in accordance with paragraph 2 of this Standard; (c) when a ship changes flag; (d) when a shipowner ceases to assume the responsibility for the operation of a ship; and (e) when substantial changes have been made to the structure or equipment covered in Title 3.
Texto do artigo, página 209: 15. In the case referred to in paragraph 14(c), (d) or (e) of this Standard, a new certificate shall only be issued when the competent authority or recognized organization issuing the new certificate is fully satisfied that the ship is in compliance with the requirements of this Standard.
Texto do artigo, página 209: 16. A maritime labour certificate shall be withdrawn by the competent authority or the recognized organization duly authorized for this purpose by the flag State, if there is evidence that the ship concerned does not comply with the requirements of this Convention and any required corrective action has not been taken.
Texto do artigo, página 209: 17. When considering whether a maritime labour certificate should be withdrawn in accordance with paragraph 16 of this Standard, the competent authority or the recognized organization shall take into account the seriousness or the frequency of the deficiencies. Guideline B5.1.3 – Maritime labour certificate and declaration of maritime labour compliance
Texto do artigo, página 209: 1. The statement of national requirements in Part I of the declaration of maritime labour compliance should include or be accompanied by references to the legislative provisions relating to seafarers’ working and living conditions in each of the matters listed in Appendix A5-I. Where national legislation precisely follows the requirements stated in this Convention, a reference may be all that is necessary. Where a provision of the Convention is implemented through substantial equivalence as provided under Article VI, paragraph 3, this provision should be identified and a concise explanation should be provided. Where an exemption is granted by the competent authority as provided in Title 3, the particular provision or provisions concerned should be clearly indicated.
Texto do artigo, página 209: 2. The measures referred to in Part II of the declaration of maritime labour compliance, drawn up by the shipowner, should, in particular, indicate the occasions on which ongoing compliance with particular national requirements will be verified, the persons responsible for verification, the records to be taken, as well as the procedures to be followed where non-compliance is noted. Part II may take a number of forms. It could make reference to other more comprehensive documentation covering policies and procedures relating to other aspects of the maritime sector, for example documents required by the International Safety Management (ISM) Code or the information required by Regulation 5 of the SOLAS Convention, Chapter XI-1 relating to the ship’s Continuous Synopsis Record.
Texto do artigo, página 209: 3. The measures to ensure ongoing compliance should include general international requirements for the shipowner and master to keep themselves informed of the
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Texto do artigo, página 210: Maritime Labour Convention, 2006 latest advances in technology and scientific findings concerning workplace design, taking into account the inherent dangers of seafarers’ work, and to inform the seafarers’ representatives accordingly, thereby guaranteeing a better level of protection of the seafarers’ working and living conditions on board.
Texto do artigo, página 210: 4. The declaration of maritime labour compliance should, above all, be drafted in clear terms designed to help all persons concerned, such as flag State inspectors, authorized officers in port States and seafarers, to check that the requirements are being properly implemented.
Texto do artigo, página 210: 5. An example of the kind of information that might be contained in a declaration of maritime labour compliance is given in Appendix B5-I.
Texto do artigo, página 210: 6. When a ship changes flag as referred to in Standard A5.1.3, paragraph 14(c), and where both States concerned have ratified this Convention, the Member whose flag the ship was formerly entitled to fly should, as soon as possible, transmit to the competent authority of the other Member copies of the maritime labour certificate and the declaration of maritime labour compliance carried by the ship before the change of flag and, if applicable, copies of the relevant inspection reports if the competent authority so requests within three months after the change of flag has taken place. Regulation 5.1.4 – Inspection and enforcement
Texto do artigo, página 210: 1. Each Member shall verify, through an effective and coordinated system of regular inspections, monitoring and other control measures, that ships that fly its flag comply with the requirements of this Convention as implemented in national laws and regulations.
Texto do artigo, página 210: 2. Detailed requirements regarding the inspection and enforcement system referred to in paragraph 1 of this Regulation are set out in Part A of the Code. Standard A5.1.4 – Inspection and enforcement
Texto do artigo, página 210: 1. Each Member shall maintain a system of inspection of the conditions for seafarers on ships that fly its flag which shall include verification that the measures relating to working and living conditions as set out in the declaration of maritime labour compliance, where applicable, are being followed, and that the requirements of this Convention are met.
Texto do artigo, página 210: 2. The competent authority shall appoint a sufficient number of qualified inspectors to fulfil its responsibilities under paragraph 1 of this Standard. Where recognized organizations have been authorized to carry out inspections, the Member shall require that personnel carrying out the inspection are qualified to undertake these duties and shall provide them with the necessary legal authority to perform their duties.
Texto do artigo, página 210: 3. Adequate provision shall be made to ensure that the inspectors have the training, competence, terms of reference, powers, status and independence necessary or desirable so as to enable them to carry out the verification and ensure the compliance referred to in paragraph 1 of this Standard.
Texto do artigo, página 210: 4. Inspections shall take place at the intervals required by Standard A5.1.3, where applicable. The interval shall in no case exceed three years.
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Texto do artigo, página 211: Compliance and enforcement
Texto do artigo, página 211: 5. If a Member receives a complaint which it does not consider manifestly un- founded or obtains evidence that a ship that flies its flag does not conform to the re- quirements of this Convention or that there are serious deficiencies in the implement- ation of the measures set out in the declaration of maritime labour compliance, the Member shall take the steps necessary to investigate the matter and ensure that action is taken to remedy any deficiencies found.
Texto do artigo, página 211: 6. Adequate rules shall be provided and effectively enforced by each Member in order to guarantee that inspectors have the status and conditions of service to ensure that they are independent of changes of government and of improper external influ- ences.
Texto do artigo, página 211: 7. Inspectors, issued with clear guidelines as to the tasks to be performed and provided with proper credentials, shall be empowered: (a) to board a ship that flies the Member’s flag; (b) to carry out any examination, test or inquiry which they may consider necessary in order to satisfy themselves that the standards are being strictly observed; and (c) to require that any deficiency is remedied and, where they have grounds to be- lieve that deficiencies constitute a serious breach of the requirements of this Con- vention (including seafarers’ rights), or represent a significant danger to sea- farers’ safety, health or security, to prohibit a ship from leaving port until necessary actions are taken.
Texto do artigo, página 211: 8. Any action taken pursuant to paragraph 7(c) of this Standard shall be subject to any right of appeal to a judicial or administrative authority.
Texto do artigo, página 211: 9. Inspectors shall have the discretion to give advice instead of instituting or recommending proceedings when there is no clear breach of the requirements of this Convention that endangers the safety, health or security of the seafarers concerned and where there is no prior history of similar breaches.
Texto do artigo, página 211: 10. Inspectors shall treat as confidential the source of any grievance or com- plaint alleging a danger or deficiency in relation to seafarers’ working and living con- ditions or a violation of laws and regulations and give no intimation to the shipowner, the shipowner’s representative or the operator of the ship that an inspection was made as a consequence of such a grievance or complaint.
Texto do artigo, página 211: 11. Inspectors shall not be entrusted with duties which might, because of their number or nature, interfere with effective inspection or prejudice in any way their author- ity or impartiality in their relations with shipowners, seafarers or other interested par- ties. In particular, inspectors shall: (a) be prohibited from having any direct or indirect interest in any operation which they are called upon to inspect; and (b) subject to appropriate sanctions or disciplinary measures, not reveal, even after leaving service, any commercial secrets or confidential working processes or in- formation of a personal nature which may come to their knowledge in the course of their duties.
Texto do artigo, página 211: 12. Inspectors shall submit a report of each inspection to the competent author- ity. One copy of the report in English or in the working language of the ship shall be fur- nished to the master of the ship and another copy shall be posted on the ship’s notice board for the information of the seafarers and, upon request, sent to their representatives.
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Texto do artigo, página 212: Maritime Labour Convention, 2006
Texto do artigo, página 212: 13. The competent authority of each Member shall maintain records of inspections of the conditions for seafarers on ships that fly its flag. It shall publish an annual report on inspection activities within a reasonable time, not exceeding six months, after the end of the year.
Texto do artigo, página 212: 14. In the case of an investigation pursuant to a major incident, the report shall be submitted to the competent authority as soon as practicable, but not later than one month following the conclusion of the investigation.
Texto do artigo, página 212: 15. When an inspection is conducted or when measures are taken under this Standard, all reasonable efforts shall be made to avoid a ship being unreasonably detained or delayed.
Texto do artigo, página 212: 16. Compensation shall be payable in accordance with national laws and regulations for any loss or damage suffered as a result of the wrongful exercise of the inspectors’ powers. The burden of proof in each case shall be on the complainant.
Texto do artigo, página 212: 17. Adequate penalties and other corrective measures for breaches of the requirements of this Convention (including seafarers’ rights) and for obstructing inspectors in the performance of their duties shall be provided for and effectively enforced by each Member. Guideline B5.1.4 – Inspection and enforcement
Texto do artigo, página 212: 1. The competent authority and any other service or authority wholly or partly concerned with the inspection of seafarers’ working and living conditions should have the resources necessary to fulfil their functions. In particular: (a) each Member should take the necessary measures so that duly qualified technical experts and specialists may be called upon, as needed, to assist in the work of inspectors; and (b) inspectors should be provided with conveniently situated premises, equipment and means of transport adequate for the efficient performance of their duties.
Texto do artigo, página 212: 2. The competent authority should develop a compliance and enforcement policy to ensure consistency and otherwise guide inspection and enforcement activities related to this Convention. Copies of this policy should be provided to all inspectors and relevant law-enforcement officials and should be made available to the public and shipowners and seafarers.
Texto do artigo, página 212: 3. The competent authority should establish simple procedures to enable it to receive information in confidence concerning possible breaches of the requirements of this Convention (including seafarers’ rights) presented by seafarers directly or by representatives of the seafarers, and permit inspectors to investigate such matters promptly, including: (a) enabling masters, seafarers or representatives of the seafarers to request an inspection when they consider it necessary; and (b) supplying technical information and advice to shipowners and seafarers and organizations concerned as to the most effective means of complying with the requirements of this Convention and of bringing about a continual improvement in seafarers’ on-board conditions.
Texto do artigo, página 212: 4. Inspectors should be fully trained and sufficient in numbers to secure the efficient discharge of their duties with due regard to:
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Texto do artigo, página 213: Compliance and enforcement (a) the importance of the duties which the inspectors have to perform, in particular the number, nature and size of ships subject to inspection and the number and complexity of the legal provisions to be enforced; (b) the resources placed at the disposal of the inspectors; and (c) the practical conditions under which inspections must be carried out in order to be effective.
Texto do artigo, página 213: 5. Subject to any conditions for recruitment to the public service which may be prescribed by national laws and regulations, inspectors should have qualifications and adequate training to perform their duties and where possible should have a maritime education or experience as a seafarer. They should have adequate knowledge of seafarers' working and living conditions and of the English language.
Texto do artigo, página 213: 6. Measures should be taken to provide inspectors with appropriate further training during their employment.
Texto do artigo, página 213: 7. All inspectors should have a clear understanding of the circumstances in which an inspection should be carried out, the scope of the inspection to be carried out in the various circumstances referred to and the general method of inspection.
Texto do artigo, página 213: 8. Inspectors provided with proper credentials under the national law should at a minimum be empowered: (a) to board ships freely and without previous notice; however, when commencing the ship inspection, inspectors should provide notification of their presence to the master or person in charge and, where appropriate, to the seafarers or their representatives; (b) to question the master, seafarer or any other person, including the shipowner or the shipowner's representative, on any matter concerning the application of the requirements under laws and regulations, in the presence of any witness that the person may have requested; (c) to require the production of any books, log books, registers, certificates or other documents or information directly related to matters subject to inspection, in order to verify compliance with the national laws and regulations implementing this Convention; (d) to enforce the posting of notices required under the national laws and regulations implementing this Convention; (e) to take or remove, for the purpose of analysis, samples of products, cargo, drinking water, provisions, materials and substances used or handled; (f) following an inspection, to bring immediately to the attention of the shipowner, the operator of the ship or the master, deficiencies which may affect the health and safety of those on board ship; (g) to alert the competent authority and, if applicable, the recognized organization to any deficiency or abuse not specifically covered by existing laws or regulations and submit proposals to them for the improvement of the laws or regulations; and (h) to notify the competent authority of any occupational injuries or diseases affecting seafarers in such cases and in such manner as may be prescribed by laws and regulations.
Texto do artigo, página 213: 9. When a sample referred to in paragraph 8(e) of this Guideline is being taken or removed, the shipowner or the shipowner's representative, and where appropriate a seafarer, should be notified or should be present at the time the sample is taken or removed. The quantity of such a sample should be properly recorded by the inspector.
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Texto do artigo, página 214: Maritime Labour Convention, 2006
Texto do artigo, página 214: 10. The annual report published by the competent authority of each Member, in respect of ships that fly its flag, should contain: (a) a list of laws and regulations in force relevant to seafarers' working and living conditions and any amendments which have come into effect during the year; (b) details of the organization of the system of inspection; (c) statistics of ships or other premises subject to inspection and of ships and other premises actually inspected; (d) statistics on all seafarers subject to its national laws and regulations; (e) statistics and information on violations of legislation, penalties imposed and cases of detention of ships; and (f) statistics on reported occupational injuries and diseases affecting seafarers. Regulation 5.1.5 – On-board complaint procedures
Texto do artigo, página 214: 1. Each Member shall require that ships that fly its flag have on-board proce- dures for the fair, effective and expeditious handling of seafarer complaints alleging breaches of the requirements of this Convention (including seafarers' rights).
Texto do artigo, página 214: 2. Each Member shall prohibit and penalize any kind of victimization of a sea- farer for filing a complaint.
Texto do artigo, página 214: 3. The provisions in this Regulation and related sections of the Code are with- out prejudice to a seafarer's right to seek redress through whatever legal means the seafarer considers appropriate. Standard A5.1.5 – On-board complaint procedures
Texto do artigo, página 214: 1. Without prejudice to any wider scope that may be given in national laws or regulations or collective agreements, the on-board procedures may be used by sea- farers to lodge complaints relating to any matter that is alleged to constitute a breach of the requirements of this Convention (including seafarers' rights).
Texto do artigo, página 214: 2. Each Member shall ensure that, in its laws or regulations, appropriate on- board complaint procedures are in place to meet the requirements of Regulation 5.1.5. Such procedures shall seek to resolve complaints at the lowest level possible. However, in all cases, seafarers shall have a right to complain directly to the master and, where they consider it necessary, to appropriate external authorities.
Texto do artigo, página 214: 3. The on-board complaint procedures shall include the right of the seafarer to be accompanied or represented during the complaints procedure, as well as safeguards against the possibility of victimization of seafarers for filing complaints. The term "vic- timization" covers any adverse action taken by any person with respect to a seafarer for lodging a complaint which is not manifestly vexatious or maliciously made.
Texto do artigo, página 214: 4. In addition to a copy of their seafarers' employment agreement, all seafarers shall be provided with a copy of the on-board complaint procedures applicable on the ship. This shall include contact information for the competent authority in the flag State and, where different, in the seafarers' country of residence, and the name of a person or persons on board the ship who can, on a confidential basis, provide seafarers with impartial advice on their complaint and otherwise assist them in following the complaint procedures available to them on board the ship.
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Texto do artigo, página 215: Compliance and enforcement Guideline B5.1.5 – On-board complaint procedures
Texto do artigo, página 215: 1. Subject to any relevant provisions of an applicable collective agreement, the competent authority should, in close consultation with shipowners’ and seafarers’ organizations, develop a model for fair, expeditious and well-documented on-board complaint-handling procedures for all ships that fly the Member’s flag. In developing these procedures the following matters should be considered: (a) many complaints may relate specifically to those individuals to whom the complaint is to be made or even to the master of the ship. In all cases seafarers should also be able to complain directly to the master and to make a complaint externally; and (b) in order to help avoid problems of victimization of seafarers making complaints about matters under this Convention, the procedures should encourage the nomination of a person on board who can advise seafarers on the procedures available to them and, if requested by the complainant seafarer, also attend any meetings or hearings into the subject matter of the complaint.
Texto do artigo, página 215: 2. At a minimum the procedures discussed during the consultative process referred to in paragraph 1 of this Guideline should include the following: (a) complaints should be addressed to the head of the department of the seafarer lodging the complaint or to the seafarer’s superior officer; (b) the head of department or superior officer should then attempt to resolve the matter within prescribed time limits appropriate to the seriousness of the issues involved; (c) if the head of department or superior officer cannot resolve the complaint to the satisfaction of the seafarer, the latter may refer it to the master, who should handle the matter personally; (d) seafarers should at all times have the right to be accompanied and to be represented by another seafarer of their choice on board the ship concerned; (e) all complaints and the decisions on them should be recorded and a copy provided to the seafarer concerned; (f) if a complaint cannot be resolved on board, the matter should be referred ashore to the shipowner, who should be given an appropriate time limit for resolving the matter, where appropriate, in consultation with the seafarers concerned or any person they may appoint as their representative; and (g) in all cases seafarers should have a right to file their complaints directly with the master and the shipowner and competent authorities. Regulation 5.1.6 – Marine casualties
Texto do artigo, página 215: 1. Each Member shall hold an official inquiry into any serious marine casualty, leading to injury or loss of life, that involves a ship that flies its flag. The final report of an inquiry shall normally be made public.
Texto do artigo, página 215: 2. Members shall cooperate with each other to facilitate the investigation of serious marine casualties referred to in paragraph 1 of this Regulation. Standard A5.1.6 – Marine casualties (No provisions)
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Texto do artigo, página 216: Maritime Labour Convention, 2006 Guideline B5.1.6 – Marine casualties (No provisions) Regulation 5.2 – Port State responsibilities Purpose: To enable each Member to implement its responsibilities under this Convention regarding international cooperation in the implementation and enforcement of the Convention standards on foreign ships Regulation 5.2.1 – Inspections in port
Texto do artigo, página 216: 1. Every foreign ship calling, in the normal course of its business or for operational reasons, in the port of a Member may be the subject of inspection in accordance with paragraph 4 of Article V for the purpose of reviewing compliance with the requirements of this Convention (including seafarers’ rights) relating to the working and living conditions of seafarers on the ship.
Texto do artigo, página 216: 2. Each Member shall accept the maritime labour certificate and the declaration of maritime labour compliance required under Regulation 5.1.3 as prima facie evidence of compliance with the requirements of this Convention (including seafarers’ rights). Accordingly, the inspection in its ports shall, except in the circumstances specified in the Code, be limited to a review of the certificate and declaration.
Texto do artigo, página 216: 3. Inspections in a port shall be carried out by authorized officers in accordance with the provisions of the Code and other applicable international arrangements governing port State control inspections in the Member. Any such inspection shall be limited to verifying that the matter inspected is in conformity with the relevant requirements set out in the Articles and Regulations of this Convention and in Part A only of the Code.
Texto do artigo, página 216: 4. Inspections that may be carried out in accordance with this Regulation shall be based on an effective port State inspection and monitoring system to help ensure that the working and living conditions for seafarers on ships entering a port of the Member concerned meet the requirements of this Convention (including seafarers’ rights).
Texto do artigo, página 216: 5. Information about the system referred to in paragraph 4 of this Regulation, including the method used for assessing its effectiveness, shall be included in the Member’s reports pursuant to article 22 of the Constitution. Standard A5.2.1 – Inspections in port
Texto do artigo, página 216: 1. Where an authorized officer, having come on board to carry out an inspection and requested, where applicable, the maritime labour certificate and the declaration of maritime labour compliance, finds that: (a) the required documents are not produced or maintained or are falsely maintained or that the documents produced do not contain the information required by this Convention or are otherwise invalid; or (b) there are clear grounds for believing that the working and living conditions on the ship do not conform to the requirements of this Convention; or
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Texto do artigo, página 217: Compliance and enforcement (c) there are reasonable grounds to believe that the ship has changed flag for the purpose of avoiding compliance with this Convention; or (d) there is a complaint alleging that specific working and living conditions on the ship do not conform to the requirements of this Convention; a more detailed inspection may be carried out to ascertain the working and living conditions on board the ship. Such inspection shall in any case be carried out where the working and living conditions believed or alleged to be defective could constitute a clear hazard to the safety, health or security of seafarers or where the authorized officer has grounds to believe that any deficiencies constitutes a serious breach of the requirements of this Convention (including seafarers’ rights).
Texto do artigo, página 217: 2. Where a more detailed inspection is carried out on a foreign ship in the port of a Member by authorized officers in the circumstances set out in subparagraph (a), (b) or (c) of paragraph 1 of this Standard, it shall in principle cover the matters listed in Appendix A5-III.
Texto do artigo, página 217: 3. In the case of a complaint under paragraph 1(d) of this Standard, the inspection shall generally be limited to matters within the scope of the complaint, although a complaint, or its investigation, may provide clear grounds for a detailed inspection in accordance with paragraph 1(b) of this Standard. For the purpose of paragraph 1(d) of this Standard, “complaint” means information submitted by a seafarer, a professional body, an association, a trade union or, generally, any person with an interest in the safety of the ship, including an interest in safety or health hazards to seafarers on board.
Texto do artigo, página 217: 4. Where, following a more detailed inspection, the working and living conditions on the ship are found not to conform to the requirements of this Convention, the authorized officer shall forthwith bring the deficiencies to the attention of the master of the ship, with required deadlines for their rectification. In the event that such deficiencies are considered by the authorized officer to be significant, or if they relate to a complaint made in accordance with paragraph 3 of this Standard, the authorized officer shall bring the deficiencies to the attention of the appropriate seafarers’ and shipowners’ organizations in the Member in which the inspection is carried out, and may: (a) notify a representative of the flag State; (b) provide the competent authorities of the next port of call with the relevant information.
Texto do artigo, página 217: 5. The Member in which the inspection is carried out shall have the right to transmit a copy of the officer’s report, which must be accompanied by any reply received from the competent authorities of the flag State within the prescribed deadline, to the Director-General of the International Labour Office with a view to such action as may be considered appropriate and expedient in order to ensure that a record is kept of such information and that it is brought to the attention of parties which might be interested in availing themselves of relevant recourse procedures.
Texto do artigo, página 217: 6. Where, following a more detailed inspection by an authorized officer, the ship is found not to conform to the requirements of this Convention and: (a) the conditions on board are clearly hazardous to the safety, health or security of seafarers; or (b) the non-conformity constitutes a serious or repeated breach of the requirements of this Convention (including seafarers’ rights);
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Texto do artigo, página 218: Maritime Labour Convention, 2006 the authorized officer shall take steps to ensure that the ship shall not proceed to sea until any non-conformities that fall within the scope of subparagraph (a) or (b) of this paragraph have been rectified, or until the authorized officer has accepted a plan of ac- tion to rectify such non-conformities and is satisfied that the plan will be implemented in an expeditious manner. If the ship is prevented from sailing, the authorized officer shall forthwith notify the flag State accordingly and invite a representative of the flag State to be present, if possible, requesting the flag State to reply within a prescribed deadline. The authorized officer shall also inform forthwith the appropriate ship- owners’ and seafarers’ organizations in the port State in which the inspection was car- ried out.
Texto do artigo, página 218: 7. Each Member shall ensure that its authorized officers are given guidance, of the kind indicated in Part B of the Code, as to the kinds of circumstances justifying de- tention of a ship under paragraph 6 of this Standard.
Texto do artigo, página 218: 8. When implementing their responsibilities under this Standard, each Member shall make all possible efforts to avoid a ship being unduly detained or delayed. If a ship is found to be unduly detained or delayed, compensation shall be paid for any loss or damage suffered. The burden of proof in each case shall be on the complainant. Guideline B5.2.1 – Inspections in port
Texto do artigo, página 218: 1. The competent authority should develop an inspection policy for authorized officers carrying out inspections under Regulation 5.2.1. The objective of the policy should be to ensure consistency and to otherwise guide inspection and enforcement ac- tivities related to the requirements of this Convention (including seafarers’ rights). Copies of this policy should be provided to all authorized officers and should be avail- able to the public and shipowners and seafarers.
Texto do artigo, página 218: 2. When developing a policy relating to the circumstances warranting a deten- tion of the ship under Standard A5.2.1, paragraph 6, of the competent authority should consider that, with respect to the breaches referred to in Standard A5.2.1, paragraph 6(b), the seriousness could be due to the nature of the deficiency concerned. This would be particularly relevant in the case of the violation of fundamental rights and principles or seafarers’ employment and social rights under Articles III and IV. For ex- ample, the employment of a person who is under age should be considered as a serious breach even if there is only one such person on board. In other cases, the number of different defects found during a particular inspection should be taken into account: for example, several instances of defects relating to accommodation or food and catering which do not threaten safety or health might be needed before they should be consid- ered as constituting a serious breach.
Texto do artigo, página 218: 3. Members should cooperate with each other to the maximum extent possible in the adoption of internationally agreed guidelines on inspection policies, especially those relating to the circumstances warranting the detention of a ship. Regulation 5.2.2 – Onshore seafarer complaint-handling procedures
Texto do artigo, página 218: 1. Each Member shall ensure that seafarers on ships calling at a port in the Member’s territory who allege a breach of the requirements of this Convention (in- cluding seafarers’ rights) have the right to report such a complaint in order to facilitate a prompt and practical means of redress.
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Texto do artigo, página 219: Compliance and enforcement Standard A5.2.2 — Onshore seafarer complaint-handling procedures
Texto do artigo, página 219: 1. A complaint by a seafarer alleging a breach of the requirements of this Convention (including seafarers’ rights) may be reported to an authorized officer in the port at which the seafarer’s ship has called. In such cases, the authorized officer shall undertake an initial investigation.
Texto do artigo, página 219: 2. Where appropriate, given the nature of the complaint, the initial investigation shall include consideration of whether the on-board complaint procedures provided under Regulation 5.1.5 have been explored. The authorized officer may also conduct a more detailed inspection in accordance with Standard A5.2.1.
Texto do artigo, página 219: 3. The authorized officer shall, where appropriate, seek to promote a resolution of the complaint at the ship-board level.
Texto do artigo, página 219: 4. In the event that the investigation or the inspection provided under this Standard reveals a non-conformity that falls within the scope of paragraph 6 of Standard A5.2.1, the provisions of that paragraph shall be applied.
Texto do artigo, página 219: 5. Where the provisions of paragraph 4 of this Standard do not apply, and the complaint has not been resolved at the ship-board level, the authorized officer shall forthwith notify the flag State, seeking, within a prescribed deadline, advice and a corrective plan of action.
Texto do artigo, página 219: 6. Where the complaint has not been resolved following action taken in accordance with paragraph 5 of this Standard, the port State shall transmit a copy of the authorized officer’s report to the Director-General. The report must be accompanied by any reply received within the prescribed deadline from the competent authority of the flag State. The appropriate shipowners’ and seafarers’ organizations in the port State shall be similarly informed. In addition, statistics and information regarding complaints that have been resolved shall be regularly submitted by the port State to the Director-General. Both such submissions are provided in order that, on the basis of such action as may be considered appropriate and expedient, a record is kept of such information and is brought to the attention of parties, including shipowners’ and seafarers’ organizations, which might be interested in availing themselves of relevant recourse procedures.
Texto do artigo, página 219: 7. Appropriate steps shall be taken to safeguard the confidentiality of complaints made by seafarers. Guideline B5.2.2 — Onshore seafarer complaint-handling procedures
Texto do artigo, página 219: 1. Where a complaint referred to in Standard A5.2.2 is dealt with by an authorized officer, the officer should first check whether the complaint is of a general nature which concerns all seafarers on the ship, or a category of them, or whether it relates only to the individual case of the seafarer concerned.
Texto do artigo, página 219: 2. If the complaint is of a general nature, consideration should be given to undertaking a more detailed inspection in accordance with Standard A5.2.1.
Texto do artigo, página 219: 3. If the complaint relates to an individual case, an examination of the results of any on-board complaint procedures for the resolution of the complaint concerned should be undertaken. If such procedures have not been explored, the authorized officer should suggest that the complainant take advantage of any such procedures available. There should be good reasons for considering a complaint before any on-board
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Texto do artigo, página 220: Maritime Labour Convention, 2006 complaint procedures have been explored. These would include the inadequacy of, or undue delay in, the internal procedures or the complainant’s fear of reprisal for lodging a complaint.
Texto do artigo, página 220: 4. In any investigation of a complaint, the authorized officer should give the master, the shipowner and any other person involved in the complaint a proper opportunity to make known their views.
Texto do artigo, página 220: 5. In the event that the flag State demonstrates, in response to the notification by the port State in accordance with paragraph 5 of Standard A.5.2.2, that it will handle the matter, and that it has in place effective procedures for this purpose and has submitted an acceptable plan of action, the authorized officer may refrain from any further involvement with the complaint. Regulation 5.3 – Labour-supplying responsibilities Purpose: To ensure that each Member implements its responsibilities under this Convention as pertaining to seafarer recruitment and placement and the social protection of its seafarers
Texto do artigo, página 220: 1. Without prejudice to the principle of each Member’s responsibility for the working and living conditions of seafarers on ships that fly its flag, the Member also has a responsibility to ensure the implementation of the requirements of this Convention regarding the recruitment and placement of seafarers as well as the social security protection of seafarers that are its nationals or are resident or are otherwise domiciled in its territory, to the extent that such responsibility is provided for in this Convention.
Texto do artigo, página 220: 2. Detailed requirements for the implementation of paragraph 1 of this Regulation are found in the Code.
Texto do artigo, página 220: 3. Each Member shall establish an effective inspection and monitoring system for enforcing its labour-supplying responsibilities under this Convention.
Texto do artigo, página 220: 4. Information about the system referred to in paragraph 3 of this Regulation, including the method used for assessing its effectiveness, shall be included in the Member’s reports pursuant to article 22 of the Constitution. Standard A5.3 – Labour-supplying responsibilities
Texto do artigo, página 220: 1. Each Member shall enforce the requirements of this Convention applicable to the operation and practice of seafarer recruitment and placement services established on its territory through a system of inspection and monitoring and legal proceedings for breaches of licensing and other operational requirements provided for in Standard A1.4. Guideline B5.3 – Labour-supplying responsibilities
Texto do artigo, página 220: 1. Private seafarer recruitment and placement services established in the Member’s territory and securing the services of a seafarer for a shipowner, wherever located, should be required to assume obligations to ensure the proper fulfilment by shipowners of the terms of their employment agreements concluded with seafarers. 90
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Texto do artigo, página 221: APPENDIX A5-1 The working and living conditions of seafarers that must be inspected and ap- proved by the flag State before certifying a ship in accordance with Standard A5.1.3, paragraph 1: Minimum age Medical certification Qualifications of seafarers Seafarers’ employment agreements Use of any licensed or certified or regulated private recruitment and placement service Hours of work or rest Manning levels for the ship Accommodation On-board recreational facilities Food and catering Health and safety and accident prevention On-board medical care On-board complaint procedures Payment of wages
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Texto do artigo, página 222: APPENDIX A5-II Maritime Labour Certificate (Note: This Certificate shall have a Declaration of Maritime Labour Compliance attached) Issued under the provisions of Article V and Title 5 of the Maritime Labour Convention, 2006 (referred to below as “the Convention”) under the authority of the Government of: (full designation of the State whose flag the ship is entitled to fly) by (full designation and address of the competent authority or recognized organization duly authorized under the provisions of the Convention) Particulars of the ship Name of ship Distinctive number or letters Port of registry Date of registry Gross tonnage ¹ IMO number Type of ship Name and address of the shipowner ² ¹ For ships covered by the tonnage measurement interim scheme adopted by the IMO, the gross tonnage is that which is included in the REMARKS column of the International Tonnage Certificate (1969). See Article II(1)(c) of the Convention. ² Shipowner means the owner of the ship or another organization or person, such as the manager, agent or bareboat charterer, who has assumed the responsibility for the operation of the ship from the owner and who, on assuming such responsibility, has agreed to take over the duties and responsibilities imposed on shipowners in accordance with this Convention, regardless of whether any other organizations or persons fulfil certain of the duties or responsibilities on behalf of the shipowner. See Article II(1)(j) of the Convention.
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Texto do artigo, página 223: Appendix A5-II This is to certify:
Texto do artigo, página 223: 1. That this ship has been inspected and verified to be in compliance with the requirements of the Convention, and the provisions of the attached Declaration of Maritime Labour Compliance.
Texto do artigo, página 223: 2. That the seafarers’ working and living conditions specified in Appendix A5-I of the Convention were found to correspond to the abovementioned country's national requirements implementing the Convention. These national requirements are summarized in the Declaration of Maritime Labour Compliance, Part I. This Certificate is valid until ................................. subject to inspections in accordance with Standards A5.1.3 and A5.1.4 of the Convention. This Certificate is valid only when the Declaration of Maritime Labour Compliance issued at ...................................................... on ...................................................... is attached. Completion date of the inspection on which this Certificate is based was .............................. Issued at ...................................................... on .............................................................. Signature of the duly authorized official issuing the Certificate (Seal or stamp of issuing authority, as appropriate) Endorsements for mandatory intermediate inspection and, if required, any additional inspection This is to certify that the ship was inspected in accordance with Standards A5.1.3 and A5.1.4 of the Convention and that the seafarers’ working and living conditions specified in Appendix A5-I of the Convention were found to correspond to the above-mentioned country's national requirements implementing the Convention. Intermediate inspection: (to be completed between the second and third anniversary dates) Signed ............................................................... (Signature of authorized official) Place ................................................................. Date ................................................................. (Seal or stamp of the authority, as appropriate) Additional endorsements (if required) This is to certify that the ship was the subject of an additional inspection for the purpose of verifying that the ship continued to be in compliance with the national requirements implementing the Convention, as required by Standard A3.1, paragraph 3, of the Convention (re-registration or substantial alteration of accommodation) or for other reasons.
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Texto do artigo, página 224: Maritime Labour Convention, 2006 Additional inspection: (if required) Signed .................................................................... (Signature of authorized official) Place ...................................................................... Date ....................................................................... (Seal or stamp of the authority, as appropriate) Additional inspection: (if required) Signed .................................................................... (Signature of authorized official) Place ...................................................................... Date ....................................................................... (Seal or stamp of the authority, as appropriate) Additional inspection: (if required) Signed .................................................................... (Signature of authorized official) Place ...................................................................... Date ....................................................................... (Seal or stamp of the authority, as appropriate)
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Texto do artigo, página 225: Appendix A5-II Maritime Labour Convention, 2006 Declaration of Maritime Labour Compliance – Part I (Note: This Declaration must be attached to the ship’s Maritime Labour Certificate) Issued under the authority of: ................. (insert name of competent authority as defined in Article II, paragraph 1(a), of the Convention) With respect to the provisions of the Maritime Labour Convention, 2006, the following referenced ship: Name of ship IMO number Gross tonnage is maintained in accordance with Standard A5.1.3 of the Convention. The undersigned declares, on behalf of the abovementioned competent authority, that: (a) the provisions of the Maritime Labour Convention are fully embodied in the national requirements referred to be:», (b) these national requirements are contained in the national provisions referenced below; explanations concerning the content of those provisions are provided where necessary; (c) the details of any substantial equivalencies under Article VI, paragraphs 3 and 4, are provided <under the corresponding national requirement listed below> <in the section provided for this purpose below> (strike out the statement which is not applicable); (d) any exemptions granted by the competent authority in accordance with Title 3 are clearly indicated in the section provided for this purpose below; and (e) any ship-type specific requirements under national legislation are also referenced under the requirements concerned.
Texto do artigo, página 225: 1. Minimum age (Regulation 1.1) ...............................................................
Texto do artigo, página 225: 2. Medical certification (Regulation 1.2) ........................................................
Texto do artigo, página 225: 3. Qualifications of seafarers (Regulation 1.3) ................................................
Texto do artigo, página 225: 4. Seafarers’ employment agreements (Regulation 2.1) ....................................
Texto do artigo, página 225: 5. Use of any licensed or certified or regulated private recruitment and placement service (Regulation 1.4) .............................................................................
Texto do artigo, página 225: 6. Hours of work or rest (Regulation 2.3) ......................................................
Texto do artigo, página 225: 7. Manning levels for the ship (Regulation 2.7) ..............................................
Texto do artigo, página 225: 8. Accommodation (Regulation 3.1) ............................................................
Texto do artigo, página 225: 9. On-board recreational facilities (Regulation 3.1) .........................................
Texto do artigo, página 225: 10. Food and catering (Regulation 3.2) ..........................................................
Texto do artigo, página 225: 11. Health and safety and accident prevention (Regulation 4.3) ........................
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Texto do artigo, página 226: Maritime Labour Convention, 2006
Texto do artigo, página 226: 12. On-board medical care (Regulation 4.1)
Texto do artigo, página 226: 13. On-board complaint procedures (Regulation 5.1.5)
Texto do artigo, página 226: 14. Payment of wages (Regulation 2.2) Name: Title: Signature: Place: Date: (Seal or stamp of the authority, as appropriate) Substantial equivalencies (Note: Strike out the statement which is not applicable) The following substantial equivalencies, as provided under Article VI, paragraphs 3 and 4, of the Convention, except where stated above, are noted (insert description if applicable): No equivalency has been granted. Name: Title: Signature: Place: Date: (Seal or stamp of the authority, as appropriate) Exemptions (Note: Strike out the statement which is not applicable) The following exemptions granted by the competent authority as provided in Title 3 of the Convention are noted: No exemption has been granted. Name: Title: Appendix 45-II Signature: Place: Date: (Seal or stamp of the authority, as appropriate)
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Texto do artigo, página 227: Maritime Labour Convention, 2006 Declaration of Maritime Labour Compliance – Part II Measures adopted to ensure ongoing compliance between inspections The following measures have been drawn up by the shipowner, named in the Maritime Labour Certificate to which this Declaration is attached, to ensure ongoing compliance between inspections: (State below the measures drawn up to ensure compliance with each of the items in Part I)
Texto do artigo, página 227: 1. Minimum age (Regulation 1.1)
Texto do artigo, página 227: 2. Medical certification (Regulation 1.2)
Texto do artigo, página 227: 3. Qualifications of seafarers (Regulation 1.3)
Texto do artigo, página 227: 4. Seafarers’ employment agreements (Regulation 2.1)
Texto do artigo, página 227: 5. Use of any licensed or certified or regulated private recruitment and placement service (Regulation 1.4)
Texto do artigo, página 227: 6. Hours of work or rest (Regulation 2.3)
Texto do artigo, página 227: 7. Manning levels for the ship (Regulation 2.7)
Texto do artigo, página 227: 8. Accommodation (Regulation 3.1)
Texto do artigo, página 227: 9. On-board recreational facilities (Regulation 3.1)
Texto do artigo, página 227: 10. Food and catering (Regulation 3.2)
Texto do artigo, página 227: 11. Health and safety and accident prevention (Regulation 4.3)
Texto do artigo, página 227: 12. On-board medical care (Regulation 4.1)
Texto do artigo, página 227: 13. On-board complaint procedures (Regulation 5.1.5)
Texto do artigo, página 227: 14. Payment of wages (Regulation 2.2)
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Texto do artigo, página 228: Appendix A5-II I hereby certify that the above measures have been drawn up to ensure ongoing com- pliance, between inspections, with the requirements listed in Part I. Name of shipowner: ¹ ........................................ ........................................ Company address: ........................................ ........................................ Name of the authorized signatory: ............ ........................................ Title: ........................................ Signature of the authorized signatory: ........................................ Date: ........................................ (Stamp or seal of the shipowner¹) The above measures have been reviewed by (insert name of competent authority or duly recognized organization) and, following inspection of the ship, have been deter- mined as meeting the purposes set out under Standard A5.3, paragraph 10(b), re- garding measures to ensure initial and ongoing compliance with the requirements set out in Part I of this Declaration. Name: ........................................ Title: ........................................ Address: ........................................ ........................................ ........................................ Signature: ........................................ Place: ........................................ Date: ........................................ (Seal or stamp of the authority, as appropriate) ¹ Shipowner means the owner of the ship or another organization or person, such as the manager, agent or bareboat charterer, who has assumed the responsibility for the operation of the ship from the owner and who, on assuming such responsibility, has agreed to take over the duties and responsibilities imposed on ship- owners in accordance with this Convention, regardless of whether any other organizations or persons fulfil cer- tain of the duties or responsibilities on behalf of the shipowner. See Article II(1)(j) of the Convention.
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Texto do artigo, página 229: Maritime Labour Convention, 2006 Interim Maritime Labour Certificate Issued under the provisions of Article V and Title 5 of the Maritime Labour Convention, 2006 (referred to below as “the Convention”) under the authority of the Government of: (full designation of the State whose flag the ship is entitled to fly) by (full designation and address of the competent authority or recognized organization duly authorized under the provisions of the Convention) Particulars of the ship Name of ship Distinctive number or letters Port of registry Date of registry Gross tonnage 1 IMO number Type of ship Name and address of the shipowner 2 This is to certify, for the purposes of Standard A5.1.3, paragraph 7, of the Convention, that: (a) this ship has been inspected, as far as reasonable and practicable, for the matters listed in Appendix A5-I to the Convention, taking into account verification of items under (b), (c) and (d) below; (b) the shipowner has demonstrated to the competent authority or recognized organ- ization that the ship has adequate procedures to comply with the Convention; (c) the master is familiar with the requirements of the Convention and the responsi- bilities for implementation; and (d) relevant information has been submitted to the competent authority or recog- nized organization to produce a Declaration of Maritime Labour Compliance. 1 For ships covered by the tonnage measurement interim scheme adopted by the IMO, the gross ton- nage is that which is included in the REMARKS column of the International Tonnage Certificate (1969). See Article II(1)(c) of the Convention. 2 Shipowner means the owner of the ship or another organization or person, such as the manager, agent or bareboat charterer, who has assumed the responsibility for the operation of the ship from the owner and who, on assuming such responsibility, has agreed to take over the duties and responsibilities imposed on ship- owners in accordance with this Convention, regardless of whether any other organizations or persons fulfil cer- tain of the duties or responsibilities on behalf of the shipowner. See Article II(1)(j) of the Convention. Appendix A5-II This Certificate is valid until with Standards A5.1.3 and A5.1.4. Completion date of the inspection referred to under (a) above was Issued at Signature of the duly authorized official issuing the interim certificate (Seal or stamp of issuing authority, as appropriate)
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Texto do artigo, página 230: APPENDIX A5-III General areas that are subject to a detailed inspection by an authorized officer in a port of a Member carrying out a port State inspection pursuant to Standard A5.2.1: Minimum age Medical certification Qualifications of seafarers Seafarers’ employment agreements Use of any licensed or certified or regulated private recruitment and placement service Hours of work or rest Manning levels for the ship Accommodation On-board recreational facilities Food and catering Health and safety and accident prevention On-board medical care On-board complaint procedures Payment of wages
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Name of ship IMO number Gross tonnage
M.S. EXAMPLE 12345 1,000
Texto do artigo, página 231: APPENDIX B5-1 - EXAMPLE OF A NATIONAL DECLARATION See Guideline B5.1.3, paragraph 5 Maritime Labour Convention, 2006 Declaration of Maritime Labour Compliance - Part I (Note: This Declaration must be attached to the ship's Maritime Labour Certificate) Issued under the authority of: The Ministry of Maritime Transport of Xxxxxx With respect to the provisions of the Maritime Labour Convention, 2006, the following referenced ship: Name of ship IMO number Gross tonnage M.S. EXAMPLE 12345 1,000 is maintained in accordance with Standard A5.1.3 of the Convention. The undersigned declares, on behalf of the abovementioned competent authority, that: (a) the provisions of the Maritime Labour Convention are fully embodied in the national requirements referred to below; (b) these national requirements are contained in the national provisions referenced below; explanations concerning the content of those provisions are provided where necessary; (c) the details of any substantial equivalencies under Article VI, paragraphs 3 and 4, are provided under the corresponding national requirement listed below in the section provided for this purpose below (strike out the statement which is not applicable); (d) any exemptions granted by the competent authority in accordance with Title 3 are clearly indicated in the section provided for this purpose below; and (e) any ship-type specific requirements under national legislation are also referenced under the requirements concerned.
Name of ship IMO number Gross tonnage
M.S. EXAMPLE 12345 1,000
Texto do artigo, página 231: 1. Minimum age (Regulation 1.1) Shipping Law, No. 123 of 1905, as amended ("Law"), Chapter X; Shipping Regulations ("Regulations"), 2006, Rules 1111-2222. Minimum ages are those referred to in the Convention. "Night" means 9 p.m. to 6 a.m. unless the Ministry of Maritime Transport ("Ministry") approves a different period. Examples of hazardous work restricted to 18-year-olds or over are listed in Schedule A hereto. In the case of cargo ships, no one under 18 may work in the areas marked on the ship's plan (to be attached to this Declaration) as "hazardous area".
Name of ship IMO number Gross tonnage
M.S. EXAMPLE 12345 1,000
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Texto do artigo, página 232: Maritime Labour Convention, 2006
Texto do artigo, página 232: 2. Medical certification (Regulation 1.2) Law, Chapter XI; Regulations, Rules 1223-1233. Medical certificates shall conform to the STCW requirements, where applicable; in other cases, the STCW requirements are applied with any necessary adjustments. Qualified opticians on list approved by Ministry may issue certificates concerning eyesight. Medical examinations follow the ILO/WHO Guidelines referred to in Guideline B1.2.1 Appendix B5-I Declaration of Maritime Labour Compliance – Part II Measures adopted to ensure ongoing compliance between inspections The following measures have been drawn up by the shipowner, named in the Maritime Labour Certificate to which this Declaration is attached, to ensure ongoing compliance between inspections: (State below the measures drawn up to ensure compliance with each of the items in Part I)
Texto do artigo, página 232: 1. Minimum age (Regulation 1.1) X Date of birth of each seafarer is noted against his/her name on the crew list. The list is checked at the beginning of each voyage by the master or officer acting on his or her behalf (“competent officer”), who records the date of such verification. Each seafarer under 18 receives, at the time of engagement, a note prohibiting him/ her from performing night work or the work specifically listed as hazardous (see Part I, section 1, above) and any other hazardous work, and requiring him/her to consult the competent officer in case of doubt. A copy of the note, with the sea- farer’s signature under “received and read”, and the date of signature, is kept by the competent officer.
Texto do artigo, página 232: 2. Medical certification (Regulation 1.2) X The medical certificates are kept in strict confidence by the competent officer, to- gether with a list, prepared under the competent officer’s responsibility and stating for each seafarer on board: the functions of the seafarer, the date of the current medical certificate(s) and the health status noted on the certificate concerned. In any case of possible doubt as to whether the seafarer is medically fit for a par- ticular function or functions, the competent officer consults the seafarer's doctor or another qualified practitioner and records a summary of the practitioner's conclu- sions, as well as the practitioner's name and telephone number and the date of the consultation. Preço — 1160,00 MT IMPRENSA NACIONAL DE MOÇAMBIQUE, E.P.

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