| Print | Close Window | AMO Currents - Posted: August 2, 2013 |
Maritime Labor Convention takes effect Aug. 20; USCG establishes 'voluntary compliance' procedures
The International Labor Organization's MLC addresses a wide range of matters, including the obligations of vessel owner/operators regarding seafarers' contractual arrangements, working hours, health and safety, crew accommodation, catering standards and seafarers' welfare. Although the U.S. has not ratified the convention and cannot issue certificates of compliance, the U.S. Coast Guard has established procedures for owners and operators of U.S. vessels to obtain statements of voluntary compliance (SOVC-MLC).
"U.S. laws and regulations and the policies of U.S.-flag carriers, as well as AMO collective bargaining agreements, are already substantially in compliance with the MLC," said American Maritime Officers National Vice President for Government Relations Mike Murphy. "However, since the U.S. has not ratified the MLC, our nation can neither enforce the provisions nor issue official MLC compliance certificates.
"In an effort to protect U.S. ships and crews from port state control inspections and detentions, the U.S. Coast Guard has published a NVIC outlining procedures to obtain a statement of voluntary compliance from classification societies like the American Bureau of Shipping," Murphy said. "I strongly recommend that all owners and crews avail themselves of this opportunity."
The MLC contains a 'no more favorable treatment' clause that stipulates the government of each nation that has ratified the convention must enforce its requirements on vessels calling at its ports. This includes vessels from non-signatory nations, such as the U.S.
"As a result, U.S. vessels that cannot demonstrate compliance with the MLC may be at risk for port state control actions, including detention, when operating in the port of a ratifying nation," the U.S. Coast Guard stated.
Detailed information on the MLC, including a listing of all nations that have ratified the convention, can be found on the International Labor Organization's website.
Through NVIC 02-13, dated July 30, the U.S. Coast Guard has established "a voluntary inspection program for vessel owners/operators who wish to document compliance with the standards of the Maritime Labor Convention, 2006."
In the NVIC, the Coast Guard notes: "Through receipt of an SOVC-MLC, a vessel is recognized by the United States as being 'certified' to the standards of the MLC. However, foreign port state authorities are not obligated to accept the SOVC-MLC as prima facie evidence of compliance. Therefore, owners or operators should ensure that they are able to demonstrate to PSC authorities the compliance measures they have put in place for their vessels."
NVIC 02-13 can be downloaded from the AMO Currents website.
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