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Maritime Labour Convention

Maritime Labour Convention. Dinesh Thareja Director, Management Systems Certification Houston, TX 30 September 2013. HOUSTON MARINE INSURANCE SEMINAR. Agenda. ABS’ Role Under the Convention ABS Experience with the Convention to Date Regulations Relevant to Insurance How ABS Can Help.

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Maritime Labour Convention

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  1. Maritime Labour Convention Dinesh Thareja Director, Management Systems Certification Houston, TX 30 September 2013 HOUSTON MARINE INSURANCE SEMINAR

  2. Agenda • ABS’ Role Under the Convention • ABS Experience with the Convention to Date • Regulations Relevant to Insurance • How ABS Can Help

  3. ABS Role Under the Convention • Recognized Organization (MLC, Regulation 5.1.2) • MLC inspections and certification services worldwide on behalf of the ILO Member States • Authorized by over 40 Member States (flag States) to date

  4. ABS Role Under the Convention • Convention is implemented through National Laws and practice • Ratifying States are obliged to develop, adopt and implement national requirements that give full effect to all provisions of the Convention • The ship operators must comply with the applicable national requirements implementing the Convention, rather than the Convention itself • ABS performs these inspections and certification in accordance with the national requirements of the flag State

  5. ABS Experience with the Convention • Over 1850 Declaration of Maritime Labour Compliance reviewed • Over 1550 vessels inspected and certified on behalf of • Signatory States and Non-signatory States* • * Note: Article V, Para. 7 has “no favorable treatment” clause which does not allow any favorable treatment to non-signatory States • Maritime Labour Certificates issued on behalf of signatory States • Statement of Compliance (SOC) issued on behalf of non-signatory States unless specified otherwise by the flag State

  6. Regulations: Insurance Related • Regulation 1.4/Standard A1.4.5, Para c(vi) • Failure of the recruitment and placement service or the shipowner • Regulation 4.2/Standard A4.2/Guidelines B4.2 • Medical insurance • Disability insurance • Financial security • Loss of wages • Regulation 4.5/Guidelines B4.5.2 • Social Security, where provided under national law

  7. How ABS Can Help • Surveys and Inspections • Review of accommodation plans for compliance with design and constructionrequirements under Reg. 3.1 • Accommodation surveys under ILO 92/133 or MLC, Reg. 3.1 • Review of Declaration of Maritime Labour Compliance • MLC inspections onboard for seafarers working and living conditions • Over 250 MLC Inspectors worldwide

  8. How ABS Can Help • Training • ABS Academy • Public courses • Client specific courses

  9. How ABS Can Help • Software • ABS Nautical Systems NS5 Software for recordkeeping and demonstrating compliance with the Convention • Areas covered by NS5 • Crew manning levels (Reg. 2.7), Qualification requirements (Reg. 1.3), Crew medical requirements (Reg. 1.2), Age of crew members (Reg. 1.1), Payment of wages (Reg. 2.2), Entitlement to leave (Reg. 2.4), Health and safety and accident prevention (Reg. 4.3), Accommodation and recreational facilities inspections (Reg. 3.1), Food and catering inspections (Reg. 3.2) • Tracking document approvals and acknowledgements

  10. Summary • All “ships” trading internationally are subject to Port State Inspection regardless of the ratification by the flag State • MLC is considered a prima facie evidence of compliance • A ship without a certificate may be subject to detailed inspection by the Port State Control and may be detained • Shipowners must demonstrate financial security as per national requirements • ABS stands ready to help the industry with training, inspections and certification requirements

  11. WELCOME Houston Marine Insurance Seminar48th Anniversary www.houstonmarineseminar.com

  12. WELCOME Houston Marine Insurance Seminar48th Anniversary www.houstonmarineseminar.com

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