Maritime Labor Convention (MLC) 2006

 Annual Report

  Inspection Activities

  1 January 2022 to 31 December 2022

Purpose

This report is prepared in accordance with Standard A5.1.4.13 of the Maritime Labor Convention (MLC 2006), taking into consideration the guidance provided in B5.1.4.10. This report covers the period from January 1 to December 31, 2022. The statistics contained herein consider only ships to which MLC 2006 applies and to all seafarers onboard.

1.       Liberian Administration’s Legislation, Amendments and Guidance 

During the 2022 period, Liberia Maritime Regulations (RLM-108) were amended as follow:

    • Liberia Maritime Regulation 2.66(2) ( Proof of Liability Insurance) was amended to replace ‘on file proof of satisfactory third-party liability insurance’ with ‘evidence of insurance or other financial security required by the Liability Conventions and MLC 2006.
    • Liberia Maritime Regulation 10.292(7) added ‘Maritime Labor Convention, 2006’ to the text.

2.   System of Inspection

The Liberian Administration is the ‘Competent Authority’ for Liberian-registered ships to which MLC 2006 applies. The Administration has trained over 500 inspectors and/or auditors to serve as Liberian Maritime Labor Inspectors (LMLI), in order to provide effective and efficient inspection and verification of the working and living conditions onboard Liberian flagged ships and issue Maritime Labor Certificates. These inspectors are also specially trained by the Mission to Seafarers for addressing seafarers’ welfare concerns and complaint resolution.

The Administration, after having considered the requirements for authorization of Recognized Organizations (RO) in accordance with Standard A5.1.2.1 of ML 2006, has also authorized ROs to conduct Maritime Labor verification inspections and certification of Liberian flagged ships, with the exception that a shipowner can choose whether to have the onboard verification inspections and certification conducted by the Administration or an authorized RO. The list of authorized ROs can be found   on   www.liscr.com   under   the   “Maritime”   tab   by   clicking   on   Maritime  Operations Services/Regulations and Standard Department and ‘Recognized Organizations.’

The performance of the LMLIs is monitored by a thorough review of the inspection reports that are submitted after the inspections, and if necessary, additional training and oversight through the Administration’s ‘ Auditor and Inspector Oversight’ program. The performance of the authorized ROs is monitored through regular audits of the ROs pursuant to the Code for Recognized Organizations (“RO Code”).

The Liberia Administration carefully reviews the deficiencies raised during MLC inspections and actively monitors the evidence of implementation of the corrective action plan within the agreed timeline.

3.   Ships and Premises Inspected 

    1. The following is a record of inspections for certification and to ensure continuing compliance on Liberian-registered ships during the period (2022) of this report:

Number of inspections conducted by Liberian Maritime Labor Inspectors

1,441
Number of inspections conducted by authorized ROs 951
Total number of inspections 2,392
Number of inspections without deficiencies 2,126
Number of inspections with deficiencies 266
Total number of deficiencies 491

The total number of deficiencies noted during these inspections is broken down by category as follows:

Regulation 1.2 – Medical Certificates 7
Regulation 1.3 – Training and Qualifications 26
Regulation 1.4 – Seafarers Recruitment and Placement Services 4
Regulation 2.1 – Seafarers Employment Agreements 63
Regulation 2.2 – Payment of Wages 14
Regulation 2.3 – Hours of Work and Rest 35
Regulation 2.5 – Repatriation 6
Regulation 2.7 – Manning Levels 2
Regulation 3.1 – Accommodation and Recreational Facilities 102
Regulation 3.2 – Food and Catering 80
Regulation 4.1 – Medical Care Onboard and Ashore 28
Regulation 4.2 – Shipowners’ Liability 10
Regulation 4.3 – Health and Safety Protection and Accident Prevention 87
Regulation 5.1.5 – Onboard Complaint Handling Procedures 18
Regulation 5.1.1 – General Principles 7
Other 2

The following is a description of the top five (5) deficiency categories with the most occurrences:

a.       Standard A2.1 – Seafarers’ Employment Agreements (SEAs) (63 deficiencies)

    • Seafarers were not provided original and signed copy of SEAs
    • Early termination without notice
    • SEAs exceeding agreed upon term
    • Seafarers not paid per CBA

b.       Standard A2.3 – Hours of Work and Rest (35 deficiencies)

    • Table of working hours inaccurate
    • Crew forced to work additional overtime; no rest hours
    • Record of rest hours inconsistent with ships’ log and/or overtime records

c.        A3.1 – Accommodation and Recreational Activities (102 deficiencies)

    • Missing cabins light cover
    • Air conditioning and refrigerating systems not working properly
    • Accommodation temperature unbearable
    • Water too hot for showering
    • Overall poor living and work conditions

d.       Standard A3.2 – Food and Catering (80 deficiencies)

– Insufficient provisions; shortage of bottled drinking water

  • Galley found dirty and untidy
  • Galley hot plate exhaust fan greasy
  • Provisions stores untidy

e.        Standard A4.3 – Health and Safety (87 deficiencies)

    • Crew safety familiarization records not available
    • PPE missing in various places, including engine room, workshop, etc.
    • Urgent call for hospitalization unanswered
    • Accident prevention guide not available onboard
    1. A total of 26 SRPS were audited and issued Authorization Letters by the Liberian Administration during the period of this report.

4.   Seafarers Subject to Liberian Administration’s Legislation 

4.1  Seafarer 

A seafarer is defined as any person who is employed or engaged or works in any capacity onboard a ship to which MLC 2006 applies. Those categories of persons which are not considered seafarers for the purpose of MLC 2006 are included in Marine Notice MLC-001 (Rev. 07/2020), page 4 of 21.

As of December 31, 2022, there was a total of 374,591 seafarers holding valid Liberian Seaman’s Books, Endorsement Certificates and/or Special Qualification Certificates.

5.  Violations of Legislation, Penalties Imposed and Cases of detention of Ships 

5.1  Violation of legislation and penalties imposed 

There were no cases of violation of Liberian legislation implementing MLC 2006.

5.2    Detention of Liberian registered ships 

During the period of this report, thirty-eight (38) Liberian-registered ships were detained with sixty- eight (68) deficiencies related to:

                
            5.3   Cases of Abandonment of seafarers including those reported to    the ILO and IMO 

There was a total of three (3) Liberian flagged vessels reported as abandoned in 2022: one (1) reported by the Liberian Administration and two (2) reported by the ITF.

5.4 Complaints / Disputes received from seafarers on Liberian-registered ships 

The Liberian Administration is committed to ensuring that Seafarers who serve onboard Liberian flagged ships have decent working and living conditions, a safe and secure workplace and fair employment terms and conditions.

Seafarers are encouraged to utilize the ships’ Onboard Complaint Procedures in order to resolve complaints at the lowest level possible in accordance with MLC 2006. However, in the event a complaint is unable to be resolved onboard, the Liberian Administration provides an online complaint form through the link below and will assist Seafarers with valid complaints.

http://www.liscr.com/maritime/mlc-complaint

 

6.   Reported Occupational Injuries and Diseases affecting Seafarers 

The owner or operator of a Liberian-registered ship is required by law to report in detail any loss of life or injury causing any persons to remain incapacitated for a period exceeding 72 hours. Form RLM 109-1 is to be used for this purpose. The tables below indicate seafarer deaths and injuries.

6.1  Task or activity being conducted leading to an injury or death        

                  

6.2  Type of incident leading to death or injury         

                    

Shipowners conducting risk assessment and/or evaluation in relation to management of occupational safety and health should refer to appropriate statistical information from their ships and to the statistics of injuries and deaths provided in this report.

It is worth noting that several deaths onboard were related to cardiac arrest and unspecified causes, including crew missing from ships and suspected suicide. All accidents involving serious injury and death are investigated by the Liberian Administration and published in the IMO’s Global Integrated Shipping Information System (GISIS). Where a new trend is identified as the cause of deaths, Marine Safety Advisories are published and information shared with the Marine Accident Investigator’s International Forum (MAIIF). The Administration’s proactive approach of annual and special safety inspections ensure that all Liberian registered ships comply with applicable Conventions and Codes related to maritime safety, thereby contributing to prevention of accidents and injuries.

Shipowners are encouraged to be cognizant of the role of medical examinations in the enhancement of safety and health at sea, and in assessing the ability of seafarers to perform their routine and emergency duties onboard. Ship owners are also urged to take note of various initiatives to improve conditions for seafarers regarding issues related to seafarers’ wellbeing and mental health and guidance for management of COVID-19 aboard ships.

Some of these initiatives include the following:        

1. The International Seafarers’ Welfare and Assistance Network (ISWAN) has published ISWAN guidance, including a series of three self-help guides, a range of mental health and wellbeing infographics, and guidance for shipping companies and ship operators to help devise and implement mental health policies and practices to promote and protect seafarers’ mental health.

2. INTERTANKO Guidance on Crew Welfare Management and Mental Wellness, 2nd Edition, January 2021.

3. Maritime Wellbeing program for seafarers.

4. International Chamber of Shipping Guidance for Ship Operators for the Protection of the Health of Seafarers, Fifth Edition.

5. WHO, IMO and Industry guidance on COVID-19 in Marine Advisory 07/2022.

7. Conclusion 

The report has been prepared to provide an accurate account of the implementation of MLC onboard Liberian-registered ships from January through December 2022. The average number of deficiencies is approximately 0.2 per inspection. The overall detention rate for the Liberian fleet to which MLC applies was about 0.72%, higher than usual.

It is the goal of the Liberian Administration to reduce detentions in port under MLC to zero (0) in the year 2024. In that regard, the Administration is continuously working with shipowners to ensure that their ships are always in compliance, through regular monitoring during shipboard attendance and complaints resolution, including increased inspections on higher risk ships, owners, and operators.

Please contact RegsandStandards@liscr.com if you have any questions.

For a list of inspection MLC activity reports, please view our website link at “MLC Annual Report

Best Regards,

Lakshmi Reddymachu
Administrative Assistant, Maritime Operations, LISCR, LLC
For the Deputy Commissioner of Maritime Affairs
Republic of Liberia
22980 Indian Creek Drive, Suite 200 Dulles, Virginia 20166 USA
D: +1 571 495 5944 / O: +1 703 790 3434 / F: +1 703 790 5655
Email: Lreddymachu@liscr.com
www.liscr.com

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