Maritime Questions › Mlc Advanced Master

Your vessel was built in 2011 but MLC's accommodation standards require certain specifications. Do pre-MLC vessels comply? Describe the inspection obligations.

A. MLC accommodation standards only apply to vessels built after 2013. A 2011-built vessel is permanently exempt from all MLC accommodation requirements.
B. MLC ACCOMMODATION — GRANDFATHERING AND INSPECTION: MLC REGULATION 3.1 SCOPE: MLC Regulation 3.1 sets minimum accommodation standards. The MLC entered into force on 20 August 2013. KEY QUESTION — PRE-MLC VESSELS: vessels built before 20 August 2013 (the MLC entry into force date) are subject to the provisions of the previous ILO Conventions they were built under (ILO Conventions 92, 133, 147, etc.). They are NOT automatically required to be rebuilt to full MLC Regulation 3.1 specifications. HOWEVER: (a) Substantial alterations or renewals: if a pre-MLC vessel undergoes major accommodation alterations — the new sections must meet MLC standards; (b) Progressive compliance: some flag states have adopted progressive compliance approaches, requiring pre-MLC vessels to move toward MLC standards over time; (c) DMLC Part I states whether the vessel is subject to MLC or earlier conventions; A 2011-BUILT VESSEL: a vessel built in 2011 — before the MLC entered into force in August 2013 — may have been built to older ILO standards. The flag state will have documented this in the DMLC Part I. If the vessel was built before the flag state had transposed MLC into national law — the vessel is covered by transitional provisions. MASTER's INSPECTION OBLIGATION: (a) MLC Standard A3.1 Para 20: the accommodation shall be inspected at least once per month; (b) The master or a designated officer carries out the inspection; (c) A record must be kept (PSC inspection target); (d) Inspection should cover: cleanliness, ventilation, heating, lighting, sanitary facilities, mess rooms, recreation facilities; (e) Deficiencies reported to DPA for repair.
C. Monthly accommodation inspections are optional. MLC Regulation 3.1 requires annual accommodation inspections which can be combined with the annual safety inspection.
D. Accommodation inspections are the purser's responsibility on vessels carrying passengers and the chief steward's responsibility on cargo vessels. The master has no inspection role.
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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?
A. MLC obligations rest entirely with the shipowner. The master implements whatever policies the company establishes — there are no direct MLC obligations on the master personally.
B. 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.
C. MLC applies only to crew welfare and accommodation standards. Navigation, cargo, and safety matters are governed by SOLAS and STCW, not MLC.
D. MLC creates obligations on the flag state and port state — not directly on the master. The master is shielded by the company from any direct MLC liability.
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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?
A. The master must stay on board until the arrest is resolved, regardless of the duration or lack of wages. Deserting the vessel in arrest is a criminal offence.
B. Seafarers have no legal claim against the arrested vessel. The arrest proceedings must conclude before any crew claims can be considered.
C. 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.
D. Contact the flag state and request emergency state funding to pay the crew. Flag states are required to directly fund crew wages if the shipowner is insolvent.
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