Guidelines for flag State inspections under the Maritime Labour Convention, 2006

Transcription

1 Guidelines for flag State inspections under the Maritime Labour Convention, 2006 Contents Information which may be deemed relevant for you as Captain to remember upon any inspection:... 2 Seafarers... 2 SEAFARERS EMPLOYMENT AND SOCIAL RIGHTS... 2 MLC Article IV... 2 RECREATIONAL FACILITIES... 2 Substantial equivalence Complaint procedures SEA (Seafarer s Employment Agreements)... 6 WINADMI form 1 B Record and condition of employment for repair men and service engineers ( In WINADMI Crew Section Requesting Lists MLC 2006 Reports 1 B ) 8 Menu plans... 8 WIN-ADMI form called Record and Conditions of employment... 9 WINADMI Check list for monthly inspections of Accommodation and Recreational Facilities and check of food supplies... 9 Important prerequisites governing daily service on board Interview, in private, a representative number of seafarers to confirm compliance with requirements ISM audit versus a MLC audit Walk the Talk The audit on board how to show evidence of MLC compliance What kind of information could I expect to receive further to this document before the MLC audit will be performed on board Final notes P a g e

2 Information which may be deemed relevant for you as Captain to remember upon any inspection: Seafarers Seafarer according to the MLC, means any person who is employed or engaged or works in any capacity on board a ship to which this Convention applies. This definition is broad and includes all of Maersk Supply Service s crew members. Further it may also include others, even if they are not employed by the ship owner. Where there is doubt about whether a category of person is to be regarded as a seafarer, the flag state will decide, and clarification at national level may be required. As far as we are aware, this means that everyone onboard the vessel when it is sailing can be regarded a seafarer and must thus live up to the MLC requirements, including service engineers and charter representatives. SEAFARERS EMPLOYMENT AND SOCIAL RIGHTS MLC Article IV 1. Every seafarer has the right to a safe and secure workplace that complies with safety standards. 2. Every seafarer has a right to fair terms of employment. 3. Every seafarer has a right to decent working and living conditions on board ship. 4. Every seafarer has a right to health protection, medical care, welfare measures and other forms of social protection. 5. Each Member shall ensure, within the limits of its jurisdiction, that the seafarers employment and social rights set out in the preceding paragraphs of this Article are fully implemented in accordance with the requirements of this Convention. Unless specified otherwise in the Convention, such implementation may be achieved through national laws or regulations, through applicable collective bargaining agreements or through other measures or in practice. RECREATIONAL FACILITIES When evaluating item to be audited regarding the MLC Certificate Item 9 On-board recreational facilities (Regulation 3.1) you may refer to some of the below mentioned facilities and arrangements as deemed relevant for your vessel. 1. Recreational facilities do conform to national standards 2 P a g e

3 2. Space or spaces on open deck to which the seafarers can have access when off duty, which are of adequate area having regard to the size of the ship and the number of seafarers on board. 3. Furnishings for recreational facilities should as a minimum include a book case and facilities for reading, writing and, where practicable, games. 4. Consideration should also be given to including the following facilities where practicable a smoking room television viewing and the reception of radio broadcasts showing of films, sports equipment including exercise equipment, table games and deck games a library containing vocational and other books, the stock of which should be adequate for the duration of the voyage electronic equipment such as a radio, television, video recorders, DVD/CD player, computer and software and cassette recorder/player reasonable access to ship-to-shore telephone communications, and Internet facilities, where available, with any charges for the use of these services being reasonable in amount. every effort should be given to ensuring that the forwarding of seafarers mail is as reliable and expeditious as possible whenever possible and reasonable seafarers are expeditiously granted permission to have their partners and relatives on board when in port. Such measures should meet any concerns for security clearances. the possibility of allowing seafarers to be accompanied by their partners on occasional voyages where this is practicable and reasonable. Substantial equivalence. As Captain you should also be made aware of what is called MLC substantial equivalence and the definition of this expression. Ratifying Flag States could assess their national provisions and legislation from the point of view of what is called substantial equivalence, identifying the general object and purpose of the MLC, 2006 Code, Part A provision concerned and determining whether or not the proposed national provision and legislation could, in good faith, be considered as giving effect (being equal) to the Part A provision Any such substantial equivalences that has been adopted by the Flag State must be stated in Part I of the declaration of maritime labour compliance. Thus any such substantial equivalents does not imply total autonomy with the MLC Code. That is why you may become somewhat bewildered when you later on read the Part I Certificate plain text and one or more national laws, declarations and notifications referred to in the Part I Certificate. Suddenly you may become in doubt as to how and where the relevant MLC Part A recommendation text has been disguised. You may even come into a state where you 3 P a g e

4 would have preferred the MLC Part A recommendation text to have been directly copied into the Flag State Part I Certificate. If that is the case you would be best guided to read the relevant MLC Part A recommendation text itself, because the overall meaning and intention of the text in the Flag State Part I Certificate would and should be on par with the relevant MLC Part A text. On the other hand, you may also benefit from using the bearing of substantial equivalence yourself. Although this expression is used in connection with Flag State Authorities adaptation of the MLC recommendations, you could also use this expression when you have to show evidence to a RO or Flag State Inspector that you are operating your vessel in compliance with the main objectives of the MLC and that you are able to show and explain that procedures and routines have been carried out in good faith and in such a way as to ensure that the objective of implementing the principles and rights set out in the MLC Regulations is adequately achieved in a way that ought to be considered as giving required effect to the relevant Part A provision and/or the MLC Part I Certificate text. All the above items 1-14 may be used full or partly, depending on the auditor. For many of the checks the related question to you as Captain may very well be based on substantial equivalence not only on the basis of the stipulations in the MLC Part I and MLC Part II certificate but certainly also based on the RO s prior knowledge and acquaintance about The Maersk way of MLC compliance. How the RO s will be acquainted with The Maersk way of MLC compliance will be explained later in this document. All above is now introduction, but there is always more to it. Please as always stay perfectly calm. You are already now able to show evidence to the fact that Yes I certainly run my vessel in compliance with the basic principle of the MLC. However any more specific guidelines would be nice for you to know. The following text and information relates to matters which you are actually already aware of, but maybe you have not put it into a MLC perspective. Complaint procedures. Proper procedures for the handling of seafarer complaints alleging breaches of the MLC is by many prominent authorities and stakeholders regarded as a very important part of the new MLC. We have been told that Captains would be able to show evidence. We expect that you as Captain will inform your crew accordingly upon (or shortly after) each and every seafarers signs on. Whatever matter which may cause reason for discontentedness should be informed immediately, regardless whether the matter may be deemed of only minor magnitude. 4 P a g e

5 There is no reason why any crewmember should not be able to bring up complaints that relate to any form of dissatisfaction. All involved will be best served with having such issues solved once and for all, and at a very early stage in order to avoid the problem growing bigger, to an almost irresolvable problem and conflict. Thus also such matters that you may be inclined to categorise as trivialities but of importance to the seafarers who raised the complaint could be reported solved by using the existing on board complaint procedure template. Such matters will be solved on board, and the company need not be informed. When being audited, you as Captain will benefit form being able to show examples of such forms of complaints that have already been solved - regardless of how trivial they may be. It still shows evidence, that you, as Captain, look after your crew, and that you respect, take serious and resolve and unravel all matters of discontentedness related to the service on board. All the seafarers have been informed about the Complaint and Grievance procedure in their employment contract and then again at the time of sign-on when receiving the document called Important prerequisites governing daily service on board. Some Flag States may require the name of a specific seafarer or officer on board the ship who can, on a confidential basis, provide seafarers with impartial advice on their complaints or assist them on the complaint procedure should be provided to the seafarer. Now it is our opinion that if such a person is designated by the Captain or the Company then she/he will see it as an additional responsibility. It will be difficult for the company to ensure that the seafarer nominated is able to handle the task effectively to the satisfaction of the seafarer. Thus in our current procedure we have given this option to the seafarer to choose a person from the on-board crew whom the seafarer feels would be best able to assist him/her in such a situation. All senior officers on board have been instructed to provide seafarers with impartial advice on their complaint and otherwise assist them in following the complaint procedures available to them on board the ship. The seafarer and the person(s) chosen by him should express agreement to this arrangement by signing the complaint form. It is expected that a grievance complaint can be properly investigated and solved on board within 14 days. Some Flag States may have issued legislation whereby such complaints must be solved within quite less than 14 days. However, in today s world of busy schedules and shorter port stays it may not always be possible to resolve a complaint within less 5 P a g e

6 than 14 days if they have to be thoroughly investigated to be fair and to the best interest of the complainant and any other person involved. Any shorter timeline may lead to closure of the complaints for the sake of closing it without addressing it effectively. Thus we recommend that such complaints should always be solved effectively and without undue delay and as a minimum timeline of 14 days. As previously mentioned all the seafarers have been informed about the Complaint and Grievance procedure in their employment contract and then again at the time of Sign-on when receiving the document called Important prerequisites governing daily service on board. However, some Flag State may require that the exact pre-printed Complaint template presently controlled by the Captain, should also be given to all seafarers upon signing on. We have deemed it most appropriate to keep the exact pre-printed Complaint template within the Captain s WINADMI access. We wish to safeguard the Captain as well as the Company against any such complaint forms to be filled in without the knowledge of the Captain. Furthermore we also wish to safeguard the Captain and the Company against any such complaint forms being fraudulently falsified by for example by crewmembers who have been dismissed from the vessel. If the way we handle Complaints would apparently deviate from any exact specifics of any Flag State regulation we could rightfully claim our procedures to be accepted as substantial equivalent in order to make sure that any complaint on board your vessel is thoroughly investigated, fair and to the best interest of the complainant and any other person involved and not just for the sake of closing it without addressing it effectively. SEA (Seafarer s Employment Agreements) 1. The seafarer must bring along a copy of her SEA (Seafarers Employment Agreement) and present it to the Captain on board. The Captain may keep the copy in file until the seafarer signs off. 2. SEA ought to have a reference to the on-board Complaint procedures. However this requirement can also be said to have been achieved by the information given to all seafarers in the document called Important prerequisites governing daily service on board 3. SEA should contain the information stated in MLC Standard and as far as practicable possible stated in a chronological sequence 4. SEA and Collective Bargaining Agreements ought to be translated to English language 6 P a g e

7 Ad. 1 : Please note that all seafarers with contracts that are not MLC compliant will have new contracts issued over the next few months. We will all have to acknowledge, that presently seafarers do not always bring along their employment contracts, even though many of the new SEA s contain a sentence and passage about this obligation. For this purpose we have now introduced a new WINADMI document called Waiver - To be signed by seafarers who did not bring along an employment agreement. This document is already a part the Captain s access to the WIN-ADMI system. It is our belief that such a document may be accepted by the majority of PSCI (Port State Control Inspectors) as a temporary arrangement until a copy of the SEA can be forwarded. However, you, as Captain, should show some sort of grave displeasure towards seafarers who comes on board without a copy of their SEA. SEA s and CBA s to be translated to English language may still be a challenge. Danish or Brazilian/ Portuguese contracts may still exist, but will be amended and updating within a forthcoming period. Some Flag States will most probably show a rather flexible and pragmatic approach other Flag States may be more strict and a least require copies of English standard template contracts either made available or quickly forwarded to the vessel in case the seafarer did not bring along her SEA. Philippine ratings and maybe also a small number of voyage contract employed officers are expected to be covered by the so-called POEA Standard Contract and reference(s) to a CBA (Collective Bargaining Agreement). Although the POEA Standard Contract may be said to merely display minimum terms, and although we may expect the details of the POEA Standard Contract to be amended and updated within a forthcoming period, we may still expect the present existing contracts to be sufficient. Ad. 2 : As described above under Complaint procedures, SEA s contain a reference to the on board pre-printed Complaint Form template and/or all seafarers have been informed accordingly in connection with each and every signing on in the document called Important prerequisites governing daily service on board. Ad. 3 : We have reason to expect that all Flag States will show a flexible and pragmatic approach as to the chronological sequence of such info as long as we can show some sort of correlation to MLC Standard A2.1, paragraph 4(a) (k) particulars. 7 P a g e

8 As for the info required ref. MLC Standard A2.1, paragraph 4(h) the health and social security protection benefits to be provided to the seafarer by the ship owner you could in case required refer to reference(s) to an underlying CBA (Collective Bargaining Agreement) but first and foremost by reference to Flag State Maritime Legislation regardless whether the latter has been specifically mentioned or referred to in the SEA or not. WINADMI form 1 B Record and condition of employment for repair men and service engineers ( In WINADMI Crew Section Requesting Lists MLC 2006 Reports 1 B ) For seafarers not employed by and being paid wages by the ship owner (for example service engineers and charterers representatives) we may have a challenge. The reason is, that according to MLC requirements it could be claimed to be the responsibility of the Captain and the ship owner to make sure that such service engineers have an employment contract issued according to MLC minimum requirements and that they receive their monthly wages according to their employment contract. The definition of seafarers according to the MLC is basically all seafarers signed on to carry out work on board a vessel at sea - thus also mariners who are employed on board by others than the ship owner to carry out work on board - i.e repair men, painters, charterer's or the cargo owner's representative on board the vessel. The rules will not apply to spouses or repairmen who sign on solely to carry out work on board during the vessel's port stay and thus not required to stay on board and sail with the vessel. Thus, by way of departure we may say that only spouses, pilots, passengers, Suez Boat Men, military personnel, surveyors and similar categories are excluded. For this purpose we have produced the WINADMI form 1 B as a statement of guarantee to be approved by any such third party employed seafarers - by electronically confirming and accepting the sign-on information and the prerequisites governing daily service on board - in the WINADMI Personal User Section. Although you would know that the expenses paid for having such Service Engineers on board are more than exorbitant, and that if the Service Engineers received just a fraction they would still be paid well above any minimum norms, you would still be required to show some sort of evidence as to having investigated and assure compliance. The above WINADMI form 1 B can be used for this purpose. (Signed on in the WINADMI Crew Management Details as Employee Type = OTH (Other)) Menu plans 8 P a g e

9 We have been informed that check of menu plans are to be taken very literally. Thus it will most probably be required that you can show evidence of weekly menu plans. If this is not already common practice on board you ought to gradually implement such practices. WIN-ADMI form called Record and Conditions of employment On board Danish Flagged vessels all seafarers will upon on-signing receive information derived from the payroll system regarding her present monthly wages, any overtime payment and extra on board allowances as well as information about the planned date of off signing. These information are being shown in a document called Record and Conditions of employment made available for seafarers employed and on payroll by the Ship Owner. By accepting the signing on information about wages and various other relevant MLC related information called Record and condition of employment the seafarer confirms that she has freely entered the planned signing on and tour of duty agreement with sufficient understanding of her rights and responsibilities. The above form and functionality of the Record and Conditions of employment will also be made available for all non-danish flagged vessels within the first half year of At the same time the planned date of off-signing is expected to be automatically transferred from the MAPS personnel planning system. The above document and electronic accept of receipt from the seafarer does not exempt the ship owner for issuing of a SEA, however it may rightfully support your understanding as explained to the RO during any audit as to the fact, that Yes certainly my crew have been fully and properly informed about the particulars of their employment contract terms and conditions as to wages and overtime payment. WINADMI Check list for monthly inspections of Accommodation and Recreational Facilities and check of food supplies Please note that it is still called a monthly check list. However, we have now been informed that such check should actually be performed weekly. It has been agreed that the very extensive and thorough inspection as recorded in the monthly check list need not necessarily be performed weekly. Intermediate inspections performed weekly may be performed less extensively. Thus it has been mentioned in the monthly check list, that such intermediate weekly inspections must be recorded in the vessel s Log Book as Intermediate inspection of items covered by the monthly check list of Accommodation and Recreational Facilities and check of food supplies It has more or less been accepted by Flag State authorities and RO s that if the present extensive monthly inspection would be required performed at least once a week, it would not only create unnecessary administrative burdens but it would also tend to 9 P a g e

10 become a check list provided only as documentary evidence rather than for the real purpose. Many RO s have informed us that they would most probably wish to see and inspect the hospital and one or two vacant cabins. By experience they often see that articles of furniture and sanitary appliances from spare cabins are being used as repair parts and reconditioning of other cabins. They may also wish to be shown some sort of evidence as to how fresh water taps and showers have been flushed through (in order to avoid legionella pneumophila bacteria). In this connection you may be guided and in case required to show evidence ref. one or more of flw. AMOS BS routines as applicable as per vessel s Flag of Registry : POTABLE WATER QUALITY, TEST "POTABLE WATER, SHORE LABORATORY TEST, NTH, YEARLY" "SHOWERHEAD DISINFECTION, 3MONTHLY, NTH. CC-INSPECTION, FRESH WATER TANK XX Remarks: This activity is available for all fleet vessels except for the U.K. flagged vessels where the requirement is to do a yearly inspection and cleaning. FRESH WATER TANK XX, PUMPED OUT & REFILL, MCA SHOWER HEAD DISINFECTION, 3 MONTHLY, MCA, UK Apart from the above the maintenance as per maker s instruction is available for all the fleet vessels irrespective of the flag of registry. They are registered with the following equipment (as applicable) that form a part of the Fresh Water System onboard: Fresh Water Generator, FW Activated Carbon Filter, Sterilizer, Rehardening Filter, Mineralizer, Salinometer, Salinity Indicator and Calorifier. The maintenance intervals could vary from maker to maker. You could or would maybe also choose and opt for a more simple solution and then just now and then add a note in the vessel s official log book to be used for such entries - in line with for example : Fresh water taps and showers have been flushed through in the hospital and all spare cabins and the shower hose properly drained off. Important prerequisites governing daily service on board All seafarers receive a document called Important prerequisites governing daily service on board upon each and every sign on. They actually also electronically confirm to have read and understood the content of the document. Important prerequisites governing daily service on board contains various information directly or indirectly related to various matters and recommendation of the overall MLC recommendations as to the seafarers rights. However it also contains information about the seafarer s duties. 10 P a g e

11 Some of the information has been inserted just in order for you as Captain to be able to show evidence that all seafarers have been informed accordingly. The definition of Harassment and Bullying has been inserted because some stakeholders have claimed that seafarers threshold limits as to any acceptance of harassment and bullying are deemed higher than for shore based personnel. Regardless, we can show evidence that all seafarers have been informed about the definition of Harassment and Bullying, that it is not accepted at all, and that the Captain undertakes to properly protect all seafarers from harassment and bullying, whether sexually, racially or otherwise motivated. Such matter should of course be solved by using the existing Complaint procedures. Interview, in private, a representative number of seafarers to confirm compliance with requirements If you read the Guidelines for port State control officers carrying out inspections under the Maritime Labour Convention, 2006 at normes/documents/publication/wcms_ pdf you can see a list over the 14 basic requirements and examples of deficiencies and get a further idea of what to expect. When you read the questions that could be asked by the RO s or Flag State Inspectors about item 1-14 according to the Guidelines for flag State inspections under the Maritime Labour Convention, 2006 you will notice that the RO may interview your crew in private. Any such interview would of course not be an examination of whether your crewmembers are absolutely and perfectly acquainted with each and every detail of the full MLC text. However just a plain forward answer to the questions asked by the RO as to the matter concerned. Neither you as Captain, nor your crew, have anything to fear. Before the scheduled audit you may, if deemed appropriate, inform your crew accordingly. If they seek further guidance as to how they could prepare themselves you could inform them that first and foremost they should once again read the document called Important prerequisites governing daily service on board. Furthermore they should also be reminded that they have actually already received a full copy of the MLC 2006 text in Winadmi also in Portugese. Now, it will be you as Captain who should, in case required, guide your officers and crew. Please note that any such private interview would of course not be an examination of whether your crewmembers are absolutely and perfectly acquainted with each and every detail of the full MLC text. 11 P a g e

12 If they would be asked whether they are made familiar with the Maritime Labour Convention the answer could be: Yes Sir, I have received a copy of the MLC, and in case I may find reason to further investigate any such related matters, I ll know how to use the MLC guidelines. In case of doubt I ll just ask the Captain to guide me towards proper understanding of the text. ISM audit versus a MLC audit The MLC audit should, as way of departure, not be compared with an ISM audit / Letter of Compliance. Although we may have had the RO s or Flag State Inspectors invited for a meeting at our office, the MLC is not a Company Office audit to ascertain that proper procedures are in place and various other practices implemented. RO s or Flag State Inspectors do not issue an MLC Letter of Compliance to the Company. MLC audits are performed on board each and every vessel and each and every vessel will hopefully be issued with proper Certificates or a so-called Letter of MLC Compliance right away. Any meetings with RO s or Flag State Inspectors would then mainly be in order to agree on the logistics of organizing audits of all vessels. However, during such meeting we would of course also wish to familiarise the RO s or Flag State Inspectors with some common practices being implemented on board all vessels whereby the audit on board could be facilitated and in order to lessen and ease the audit on board. Furthermore we would also deem it appropriate to show the RO s or Flag State Inspectors about how we have informed you as per this and other relevant documents. Finally RO s or Flag State Inspectors should of course have a copy of the MLC Part II Certificate text filled in by the Company and thus also be briefed on how and why the text has been compounded as to the best description of compliance of the Part I and relevant MLC regulation. Thus RO s will have prior knowledge and have been acquainted with The Maersk way of MLC compliance. Walk the Talk In order to do what we say we do and not just make empty promises, you could just make notes of the various AMOS2 procedures as full evidence of MLC compliance. You may of course use relevant AMOS2 procedures as memory reference when you have to explain or show MLC compliance. After having explained how we practically do, you could maybe add: And by the way we also have an AMOS2 procedure which covers fully or partly. 12 P a g e

13 This may come as a surprise to many stakeholders, and of course you as Captain will unavoidable be most inclined to make references to any relevant AMOS2 procedures. However please also be prepared to hear the following statement from any RO: That is fine Captain, but please try to explain in plain language or show evidence that you actually also follow the wording of this procedure or any substantial equivalence. The audit on board how to show evidence of MLC compliance Ever since the implementation of the so-called MLC compliant version of the WIN- ADMI system January 2011, you have been made familiar with the full text of the MLC At the same time you have also been made familiar with various WIN-ADMI information and documents directly or indirectly related to the MLC 2006 requirement. The MLC compliant WIN-ADMI version contains a number of functionalities whereby you as Captain will be able to show evidence to the fact that Yes I certainly run my vessel in compliance with the basic principle of the MLC Thus your adoption of the MLC line of thoughts and composition has been done gradually rather than a last minute full scale angle of approach and thereby hopefully making the final transition process incorporated as an almost already known and integrated part of our present business and practices. The same goes for your officers and crew. As for the various documents contained in WINADMI, which could if required be used as documentation please see procedure for an overview. Below are some of the relevant documentation contained in only the Captains access to WINADI Crew Appraisal Crew lists Medical reports Complaint procedures Grievance procedures Check list for monthly inspections of Accommodation and Recreational Facilities and check of food supplies Statement of sea service Waiver (To be signed by seafarers who did not bring along an employment agreement.) Monthly copies of all seafarers payroll pay slip information Rest Hour registration and rest hour planning 13 P a g e

14 Below some of the relevant information contained in each seafarer s private access to the WIN-ADMI system Rest Hour registration Crew Appraisal Important prerequisites governing daily service on board Record of employment on board for seafarers on payroll from the owner ( presently only fully implemented on board Danish flagged vessels later also to be implemented on all other vessels ) Record of employment on board for third party employed seafarers Whistle Blower Chapter STCW VIII Standards regarding Watch keeping A copy of the full text of the MLC 2006 Monthly payroll information Personal account For the sake of good order it should also be informed that you as Captain need not be prepared to memorise and explain the exact relevant MLC article references for whichever practices and routines you use in the way you run you vessel and treat your crew. A simple statement: In my perception this practise is directly or indirectly related to the best practices of the overall purpose, aim and intention of the MLC would be deemed sufficient if you can not remember the exact MLC reference. What kind of information could I expect to receive further to this document before the MLC audit will be performed on board We expect that following information may at a later time be made available full or partly. A. MLC Part II Certificate B. RO (Lloyd s) report declaration of conformity between the MLC Part I and Part II ( the full report or only relevant parts ) C. FAQ on MSSMarineHR.com Ad. A : MLC Part I Certificate template The final MLC Part I Certificate issued by the flag state will be ship specific. However, there is a draft example for you to see now. The same may go for those MLC Convention ratifying flag States (or States that are expected to ratify within 2013) that have not yet issued a MLC Part I Certificate. For vessels registered in countries that have not yet ratified the MLC Convention (Brazil flagged vessels) we may at a later time to be able to provide you with our own Maersk MLC compliant Part I Certificate to be endorsed by the RO s. 14 P a g e

15 Ad. B : MLC Part II Certificate template The MLC Part II Certificate will be filled in by the Company for each of the 14 items described in the MLC Part I Certificate. The MLC Part II Certificate will contain information about how we, as a Company, have implemented and carried out proper plans for ensuring that the applicable national laws, regulations or other measures to implement the Convention as described in the MLC Part I Certificate and relevant MLC regulations - are actually being complied with. This is done by free text and references to specific existing AMOS2 procedures. Ad. C : RO (Lloyd s) report declaration of conformity between the MLC Part I and Part II While it is not required, we will have an office audit by Lloyds, which will result in a report. This report is expected to be a non-applicable ILO MLC, 2006 office declaration of conformity analysis review report produced by Lloyds and the Company in unison. The review will be made against the mandatory requirements (Articles, Regulations and Part A of the Code) of the Maritime Labour Convention, 2006 (MLC, 2006) and Flag State MLC Part I certificate. This report or part of it may be expected to become useful to know for you as Captain in connection with the upcoming MLC audit on board. If you by now find the issuing of such a report to be somewhat contradictory to what has previously been mentioned about the onboard MLC audit being only on board each vessel, and not a Company Office audit as to ascertaining proper AMOS2 procedures in place and various other practices implemented then you are perfectly right. However it has also been deemed only fair and conducive for the audits on board all vessels if the RO s get access to the background material applied alike on board all vessels as the basis foundation and references used. Thus RO s will have prior knowledge and have been acquainted with The Maersk way of MLC compliance. It is expected that as a working tool it will become much easier for the RO s as well as Captains to prepare the audit if all such documentation is easily available. Ad. D : Best guidance as to which ship specific documents to be easily available upon the MLC audit 15 P a g e

16 In order to ease the MLC audit on board and in order to expedite the process we hope to agree with Lloyds about various documents which could as far as practicable possible be made easily available upon the audit. If such documentation has been made easily available upon the audit we would expect that any such audit can be performed smoother and faster. As of now copies of following documentation would be deemed more or less relevant just here mentioned in no order of priority Crew List Copy of Vessel s Minimum Safe Manning Certificate Copy of all officers and ratings COC (Certificate of Competency) or COP (Certificate of Proficiency) as required according to the vessel s Minimum Safe Manning Certificate as well as any required separate personal Certificates. Copy of any Certificate of Compliance for Crew Accommodation (not available nor applicable on board Danish flagged vessels however DIS vessels may or may not have a so-called Certificate of Compliance) Medical Certificate for Seafarers (on board Danish flagged vessels a so-called Blue Book) for all seafarers on board Copy of any Complaint Forms filled in and already solved or alternatively a blank Complaint Form Template Copy of Check list for monthly inspections of Accommodation and Recreational Facilities and check of food supplies for previous weeks. Copy of Log Book entries as to Intermediate inspection of items covered by the monthly check list of Accommodation and Recreational Facilities and check of food supplies Copy of Medicine Chest Certificate - any available evidence for last stock taking in case deemed appropriate evidence for outstanding purchase orders for replenishment Medical Records (Records For Crew Visit To Doctor) Copy of Wage slips / Payroll slips for last months for all seafarers Copy of typical SEA s for a representative number of seafarers Copy of the latest updated Shipboard Watch keeping Schedule and where the board has been posted on board Rest Hour Sheets for last month either in hard copy or easily available in your electronic filing system Copy of Menu plans Copy of Safety meetings If any such relevant documentation or any other relevant evidence you may deem appropriate have been made ready upon the audit, it will of course ease the audit process. As previously mentioned you could hardly expect that mere presentations of copies of many various procedures would be deemed sufficient, conducive or promote the audit process maybe quite the opposite. 16 P a g e

17 You could of course have a separate file of procedures within you own reach and for your private reference but only to be used in case required during a timeout or if you against expectations are being asked by the RO to show a reference to a procedure. Final notes Dear Captains and crew - pls. rest assured that the MLC Flag State or RO s coming on board to do the audit do not come on board with the only purpose to nail, dump and capture you in non-conformances. You would rather expect that they would be more inclined to quite unofficially escort you out of any unfortunate situations you may unintentionally have entered. You will maybe remember, that we have informed you about the upcoming MLC in connection with WINADMI updating in 2010, 2011 and The main messages being gradually intensified from Just a slice of cake and later to Maybe not just as easy as previously expected and then again later to There may be more to it than just on the face of it. This is because we informed you based on the knowledge we had at that point of time, but also in order to avoid scaring you off from the beginning. Your adoption of the MLC line of thoughts and composition has been done gradually. Now we are all ready for a more full scale angle of approach. The full process of verification and issuing of proper certificates may not be just as simple as maybe displayed previously however certainly not that much more complicated. You are all very well prepared to manage the task. Apart from the above general references and guidelines we can hardly display any more exact questions you will be expected to answer and the exact answer. Each vessel will be audited differently, unassisted and independently. There will be an FAQ added to where all relevant questions received will be posted continuously. It is first and foremost you as captain who will be audited against the way you run your vessel and treat you crew. It is not the Company office which will be audited and issued a certificate. Please remember that the RO s or Port State Inspector s first impression when she or he comes on board is of paramount importance. Meet him or her with a smile, displaying the self-confidence you rightfully have. It is a challenge and a new challenge for you. We certainly hope that you will embrace this challenge as a welcome and appreciated opportunity to show your superiority and pioneering as a well esteemed Maersk Captain second to none. Rest assured that you will get your certificates. 17 P a g e

18 Any questions please send to: Marine HR Alexandra Davies Or Marine Standards Jens Jacob Ladegaard FAQ can be found soon on: 18 P a g e