Has anyone heard how this Maritime Labour Convention will affect U.S. Flag vessels. I mean in any meaningful way. From what I can tell we are going to post some more placards on the bulkheads and supposedly we have to have a copy of our original contract of employment. Mind you I work for an “At Will” company and the conditions of my original hire have changed many times in the 5-6 years I’ve been with them and as far as I’m concerned they aren’t worth the paper they are printed on. I’m sure there are more to it that that and I’ll admit I haven’t read up on it and disected everything down but my guess is that for older vessels they are going to enforce work/rest and maybe improve living spaces… What is the galley’s take.
When did the US ratify the convention?
I’m not exactly sure. I just know we had office personnel onboard making sure we were up to date. I assumed it was part of sub chapter M.
Who is your TPO?
Er no!
It didn’t and this was the subject of another thread.
Thanks. Been absent for a bit on here. My concern on this thread is the mention of sub M, now wondering what TPO has done the COI audit and whether they are enforcing some MLC regulations. Look MLC has leveled the playing field for Mariners, it is a wonderful convention that has helped so many non American seafarers. Yes, there are still issues, but Flags investigate every breach of MLC reported. The US is and will always be behind until they change certain rules in the Jones Act, i.e shipbuilding overseas, to allow US shipowners the way forward to update their fleets at a financially viable solution.
It requires inspections to get and keep the certificate, but as far as PSC, no inspection as long as you can show a valid certificate.
From the USCG CVC Website …
The Maritime Labour Convention, 2006 will enter into force on August 20, 2013. The MLC requires certain
ships that engage on international voyages have a valid Maritime Labour Convention certificate issued by its
flag administration. The U.S. has not ratified the MLC. Until such time that the U.S. ratifies the MLC, the Coast
Guard will not mandate enforcement of its requirements on U.S. vessels or upon foreign vessels while in the
Navigable Waters of the United States. However, Article V, paragraph 7 of the Convention contains a “no more
favorable treatment clause” which requires ratifying governments to impose Convention requirements on
vessels from a non-ratifying government when calling on their ports irrespective of their status of
ratification. As a result, U.S. vessels not in compliance with the MLC may be at risk for Port State Control
actions including detention when operating in a port of a ratifying nation.
U.S. flag ships that sail foreign can carry a SOVC-MLC as below.
From:NAVIGATION AND VESSEL INSPECTION CIRCULAR NO. 02-13
The Coast Guard intends to issue a Statement of Voluntary Compliance-Maritime Labour Convention (SOVC-MLC) certificate to U.S. flagged-vessels demonstrating compliance with the U.S. laws and regulations or other measures conforming to the MLC requirements. Thus,
the owner/operator of a U.S. vessel, while not required to possess a SOVC-MLC, may obtain one for evidence of voluntary compliance with the standards of the MLC
I have shown our SOVC-MLC to port officials many times while routinely doing arrival clearance in foreign ports, it has been accepted without question.
No MLC inspections except as required to obtain and maintain the SOVC-MLC certificate.