Question 1

A PSC inspector boards for an MLC inspection and finds 3 seafarers without valid medical fitness certificates (ENG1) and discovers rest hour records show systematic violations over 3 weeks. What happens?

Accepted Answer

MLC PSC INSPECTION — SUBSTANTIAL NON-COMPLIANCE: TRIGGERING DETENTION: MLC Regulation 5.2 provides for port state control inspection. The vessel can be DETAINED if the PSC inspector finds "substantial non-compliance" with MLC requirements. THE TWO DEFICIENCIES: (1) MEDICAL CERTIFICATES: (a) MLC Regulation 1.2 and STCW Regulation I/9 both require valid medical fitness certificates; (b) Three seafarers without valid ENG1s = immediate concern; (c) Each seafarer without a valid medical certificate is not medically certified to serve; (d) Resolution: either immediate renewal (MLC allows for a 3-month grace period if the certificate expired during the voyage and cannot be renewed) or the seafarers are stood off and replacements are sourced; (2) REST HOUR SYSTEMATIC VIOLATIONS: (a) Systemic rest hour violations over 3 weeks = pattern of non-compliance; (b) Under MLC Standard A2.3 — a single accidental violation in heavy weather can be documented as a temporary exception; (c) Systematic violations are NOT excusable by operational necessity alone; (d) PSC will compare actual log entries (bell book, engine movements, log book) against rest hour records — discrepancies in fabricated records are a further offence; CONSEQUENCE — DETENTION: with two substantial MLC non-compliances — DETENTION is likely. The vessel cannot sail until: (a) Medical certificates are renewed or unfit seafarers are replaced; (b) A credible corrective action plan for rest hours is submitted and accepted by the PSC; MASTER's RESPONSE: (1) Do not argue with the inspector — acknowledge the deficiencies; (2) Immediately contact DPA; (3) Arrange emergency renewal of medical certificates through the port medical facility; (4) Submit a corrective action plan addressing the root cause of rest hour violations (manning level, trading pattern, SMS). MLC detention powers: MLC Regulation 5.2.1(7) gives port state control officers the power to detain a vessel for "more serious deficiencies" or in cases of "substantial non-compliance." This is treaty-level authority. The Paris MOU and Tokyo MOU operate MLC inspections specifically. The 2013 Paris MOU amendments specifically incorporated MLC into the NIR risk-profiling system. MLC detention is treated with the same seriousness as SOLAS/MARPOL detention. Systemic rest hour violations: the key word is "systematic." A single violation during heavy weather, where the master has documented the exception and compensated rest, is MLC-defensible. Three weeks of systematic violations indicates a structural manning or operational problem that the company has not addressed. PSC inspectors specifically look for: (a) does the rest hour record match what the log book shows the crew were actually doing?; (b) Are there obvious implausible patterns (e.g., rest hours show full rest during port calls where intensive cargo operations occurred?)  Medical certificate — 3-month grace: MLC Regulation 1.2 Para 7 and STCW Reg I/9 provide that if a seafarer's certificate expires during a voyage and it is impractical to be renewed — the seafarer may continue to serve for up to 3 months to allow renewal at the next suitable port. The certificate must have expired during the voyage — not before embarkation. Certificates that were already expired when the seafarer boarded = no grace period. "Conditions of departure only" (option D): MLC non-compliance CAN result in detention — not merely a condition of departure. The severity and pattern of the deficiency determines whether a detention (stay until fixed) or a condition of departure (fix by next port) is appropriate. Systemic violations trigger detention.

Question 2

As Master of a UK-flagged vessel, what are your specific personal obligations under MLC 2006, and how does the MLC create direct obligations on the master as distinct from the shipowner?

Accepted Answer

MLC 2006 — MASTER's SPECIFIC OBLIGATIONS: MLC STRUCTURE: the Maritime Labour Convention 2006 (as amended) sets minimum standards for seafarers' rights. It distinguishes between obligations on the SHIPOWNER and obligations on the MASTER personally. MASTER's DIRECT MLC OBLIGATIONS: (1) SAFETY MANAGEMENT (Regulation 4.3): the master is responsible for the implementation of the shipboard safety and health policy. This includes: (a) maintaining safe working conditions; (b) occupational health and safety management specific to the vessel; (c) ensuring seafarers are provided with protective equipment; (2) MEDICAL CARE (Regulation 4.1): the master must ensure medical care is provided to sick or injured seafarers. On vessels without a medical doctor — the master (or designated officer) bears responsibility for medical treatment. The STCW A-VI/4 medical first aid training is mandated; (3) SEAFARERS' COMPLAINTS (Regulation 5.1.5): the master must establish an on-board complaints procedure for seafarers (separate from ISM non-conformities). Seafarers must be able to submit complaints without fear of retaliation. The master must address complaints fairly and promptly; (4) OFFICIAL LOG ENTRIES: certain MLC-related events must be entered in the OLB (Merchant Shipping (Official Log Books) Regulations 1981 and equivalent): (a) deaths on board; (b) disciplinary actions; (c) wages disputes; (5) CREW AGREEMENTS (SEA): the master must ensure every seafarer has signed a valid SEA before departure. This is a mandatory MLC Regulation 2.1 requirement. Departure with an unsigned SEA = MLC violation; (6) REST HOURS (Regulation 2.3): the master ensures the rest hour system is maintained and that records are kept. The master bears personal responsibility for the watchkeeping schedule. MLC and UK law: MLC 2006 was incorporated into UK law primarily through the Merchant Shipping (Maritime Labour Convention) (Minimum Notice and Entitlements on Repatriation) Regulations 2014, the Merchant Shipping (Maritime Labour Convention) (Surveyors and Inspection) Regulations 2013, and various amendments to the Merchant Shipping Act 1995. The MLC DMLC (Declaration of Maritime Labour Compliance): the DMLC has two parts: (a) Part I — flag state attestation that the ship meets MLC requirements; (b) Part II — shipowner statement of how MLC is complied with on the specific ship. PSC inspectors check the DMLC and may speak directly to the master to verify MLC compliance. If the master cannot demonstrate compliance with the DMLC Part II — this is a PSC deficiency. Seafarers' complaints procedure: this is one area where the MCA specifically holds the master accountable. A master who fails to maintain an on-board complaints procedure, or who retaliates against a seafarer for making a complaint, is in breach of MLC Regulation 5.1.5. The ITF and seafarers' unions actively monitor this. SEA before departure: many masters overlook the requirement that all SEAs must be signed before departure. A seafarer who boards without signing a valid SEA is not protected by the MLC — and the shipowner/master is in violation. PSC port state control (option D): port state control inspectors DO interview masters and can cite the master personally for MLC violations. The master is not "shielded" by the company structure in a PSC inspection context.

Question 3

Your vessel has been under arrest for 3 weeks. The owner has gone into administration (bankruptcy) and seafarers have not been paid for 6 weeks. What MLC protections apply?

Accepted Answer

MLC 2014 AMENDMENT — ABANDONMENT FINANCIAL SECURITY: THE PROBLEM: maritime labour abandonment occurs when a shipowner fails to: (a) maintain seafarers' wages; (b) provide food and accommodation; (c) provide repatriation. This leaves seafarers stranded, unpaid, on a vessel they cannot leave. MLC 2014 AMENDMENT — FINANCIAL SECURITY REQUIREMENTS: the 2014 Amendment (now in force) requires all MLC-ratifying flag states to mandate that shipowners maintain FINANCIAL SECURITY for: (1) OUTSTANDING WAGES: up to 4 months' outstanding wages for all seafarers; (2) REPATRIATION COSTS: costs to repatriate all seafarers to their home country; (3) ESSENTIAL NEEDS: costs of essential needs (food, accommodation, medical care) during the period from abandonment to repatriation. HOW FINANCIAL SECURITY WORKS: (a) The shipowner obtains financial security from a P&I Club, insurance company, or bank guarantee; (b) The security must be documented on board (MLC Financial Security Certificate displayed); (c) If the shipowner fails to meet the obligations — seafarers claim DIRECTLY against the financial security; (d) The financial security provider pays the outstanding amounts; (e) For UK-flagged vessels — the MLC Financial Security Certificate is issued by the MCA or its RO; ABANDONMENT PROCEDURE: (1) SEAFARERS DECLARE ABANDONMENT: under Guideline B2.2.2 — seafarers may leave the vessel and claim under the financial security; (2) FLAG STATE NOTIFICATION: the flag state (MCA for UK) must be notified; (3) PORT STATE ACTION: the port state (Rotterdam) can facilitate the seafarers' claims and assist with departure; (4) ITF INVOLVEMENT: the International Transport Workers' Federation (ITF) is highly active in assisting abandoned seafarers. MLC abandonment definition: MLC Standard A2.5.2 defines abandonment as when the shipowner has failed to fulfil certain obligations to seafarers, including: (a) failure to cover the cost of the seafarer's repatriation; (b) failure to provide for essential maintenance and support of the seafarer, including adequate food, accommodation, drinking water supplies, essential fuel, and medical care. Importantly — the 2014 Amendment requires financial security to be in place BEFORE abandonment occurs — it is a pre-arranged safety net. The master and abandonment: the master has the same MLC rights as other seafarers in the event of abandonment. The master is not legally required to stay on board indefinitely without pay and without crew welfare. The ISM Code creates obligations to the company — but those obligations do not extend to requiring the master to remain in an abandonment situation at personal financial cost. The master should contact the MCA (as flag state) and the ITF for guidance. ITF Blue Card: if the vessel has an ITF-approved Collective Bargaining Agreement (CBA) — the ITF has a mechanism to pay stranded seafarers from its Seafarers' International Assistance, Welfare and Protection Fund while claims are being resolved. Flag state emergency funding (option D): flag states are NOT required to directly fund crew wages from state funds. The financial security mechanism (insurance-backed) is the required mechanism under MLC 2014 Amendment. Some flag states have welfare funds for extreme situations — but this is not a MLC requirement. Priority of wages: in many jurisdictions (including the UK under the Merchant Shipping Act 1995), seafarers' wages have a MARITIME LIEN — a priority claim against the vessel that ranks AHEAD of most other creditors including mortgages. This gives crew wages priority in the distribution of the vessel's value if sold under arrest.