Maritime Labour Convention
MLC Manual
- How to obtain the MLC Certificate
Danish Shipowners’ Association The Shipowners’ Association of 2010
Danish Car Ferry Association
MLC MANUAL
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Table of contents
I. Preface p. 2-3
II. Introduction to MLC and the MLC-certification p. 4-5
III. “Get started” - a detailed and practical introduction to preparing for, acquiring and
maintaining an MLC-certificate, departing from the examples in the Manual p. 6-10.
IV. Presentation and review of the 14 points, one by one.
1) Minimum Age p. 11-13
2) Medical Certification p. 14-16
3) Qualifications of seafarers p. 17-18
4) Seafarers’ employment agreements p. 19-22
5) Use of any licensed or certified or regulated private recruitment and
placement service p. 23-24
6) Hours of work or rest p. 25-27
7) Manning levels for the ship p. 28-29
8) Accommodation p. 30-31
9) On-board recreational facilities p. 32-33
10) Food and catering p. 34-37
11) Health, safety and accident prevention p. 38-40
12) On-board medical care p. 41-43
13) On – board complaint procedure p. 44-45
14) Payment of wages p. 46-47
V. Example of duly executed certificate and statements of compliance
VI. Index of the collection of data
VII. Sound advice regarding the process of certification (how, documentation, time-wise
coincidence with other surveys etc.)
VIII. Traps - do’s and don’ts (Collection of god and bad experiences with systems,
procedures, expert appraisals, documentation etc. from this or similar systems).
IX. Questions and answers (exchange of questions and answers arisen in the process.
X. Useful links
XI. Collection of data
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I - Preface
At a maritime conference in 2006 the UN’s International Labour Organization (ILO)
adopted a convention concerning working conditions for seafarers, the Maritime Labour
Convention (MLC). The convention compiles 37 conventions and 30 recommendations
into one single instrument comprising all requirements for seafarers’ working conditions.
The convention determines the level of working conditions for seafarers globally. Flag
states, and consequently shipowners, who have so far observed lower standards for
working conditions, can after the implementation of the convention no longer continue this
practice. This is expected to hold advantages for Danish shipping, which already offers
seafarers on board Danish ships a high level of employment conditions and social
protection.
The convention is regarded a corner stone in modern shipping, along with the SOLAS-,
MARPOL- AND STCW-conventions. Similar to the requirements in these conventions, the
enforcement of the MLC will take place through port state control and by flag states - in the
latter case by the Danish Maritime Authority (DMA), which is expected to partly or fully
delegate the practical work to the classification societies.
The countries that have ratified the MLC will enforce the obligations of the convention -
also in regard to ships flying flags of countries that have not ratified it. This is assuring a
global implementation of the convention and also prevents any competitive advantage
from flying the flag of a non-ratifying country.
In order to document that a ship is in compliance with the requirements of the MLC - as
implemented in national (i.e. Danish) legislation - a certificate, which must enclose a
statement of compliance in two parts, is issued. Part I is executed by the DMA and
defines, among other things, where and how the stipulations of the convention are
incorporated in the Danish rules. Part II is executed by the shipowner and defines, among
other things, the measures taken in order to ensure continuous compliance with the
national requirements as described in Part I.
With a view to outlining and facilitating the members’ obligations in connection with this
certification, a project group within the Associations (Danish Shipowners’ Association,
Danish Car Ferry Association and Shipowners’ Association of 2010), duly assisted by the
DMA, have issued these guidelines in the shape of an “MLC manual”.
The objective of the MLC Manual is to offer recommendable and practical guidelines for
the ways in which Danish shipowners and their vessels can be MLC-certified. Departing
from the chapter “get started” and the mentioned examples of measures to be taken in
order to fulfil the requirements, the project group hopes that the tasks leading to MLC-
certification will stand in a clearer and more tangible light.
An electronic version of the MLC Manual from which members are free to copy and
elaborate on the text is available on the member area of the shipowners website. The
electronic version of the MLC Manual will be updated regularly upon the receipt of relevant
additional information.
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This manual would not have been possible without the support and co-cooperativeness of
the members of the three working groups chaired by Palle B. Jensen, Scandlines, Hans
Christian Orloff Petersen, A. P. Møller – Maersk and Tom F. Møller, DFDS. The
Shipowners’ Associations would like to acknowledge and express their gratitude for the
assistance provided, not only by those named but by all involved in the process.
We wish you happy reading.
While the advice given in this manual has been developed using the best information
currently available, it is intended purely as guidance to be used at the user's own risk. No
responsibility is accepted by the Shipowners’ Associations or by any person, firm or
organisation furnishing information or data to this manual or for the accuracy of any
information or advice given herein or for any omission here from or from any
consequences whatsoever resulting directly or indirectly from compliance with or adoption
of guidance contained herein even if caused by a failure to exercise reasonable care.
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II - Introduction
Much of what has been said and written about MLC in recent years has been strongly
inspired by the contents of the guidelines that the ILO has issued since the adoption of the
convention in 2006. The guidelines are largely relevant to those flag- and port states which
have no profound tradition for regulating the conditions dealt with by the convention.
An international legal framework on social standards ensures a level playing field in the
global economy. It helps governments and employers to avoid the temptation of lowering
labour standards in the belief that this could give them a greater competitive advantage in
international trade. In the long run such practices do not benefit anyone. Because
international labour standards are minimum standards adopted by governments and the
social partners, it is in everyone's interest to see these rules applied across the board, so
that those who do not put them into practice do not undermine the efforts of those who do.
For flag states like Denmark, where there is a long tradition for regulating the conditions
dealt with by the convention and where the implementation of MLC has only entailed minor
adjustments of the maritime set of rules, the guidelines of the ILO are prone to giving a
rather distorted picture of the task facing the shipowners in connection with MLC-
certification.
With that in mind, it is especially important to emphasize that conventions like MLC apply
to and obligates the ratifying states rather than the individual shipowners and ships.
Conventions do not constitute universal sets of rules, but rather international norms,
which the individual states can implement each in its own way and on the background of
their own regulatory traditions.
Consequently, Danish shipping companies and ships need not concern themselves with
the text of the convention and related guidelines, but focus on compliance with the Danish
regulations implementing the convention. Danish regulations has only been altered to the
extent that elements of the convention has been found not already incorporated in existing
legislation.
The creation of the MLC Manual has therefore focused more on the adapted Danish
regulations than on the ILO inspired material, which has been the main focal point of other
players, e.g. the classification societies, in their approach to the task.
Due to the fact that it is the classification societies who - on behalf of the DMA - are going
to carry out the MLC-inspection of the majority of Danish ships, it has been crucial that the
DMA is prepared to adopt the model and the solutions on which the MLC Manual is based.
This should preclude any unnecessary discussion between the surveyors and the
shipowners concerning choice of method in connection with the certification.
On the other hand it cannot be ignored that the conditions dealt with by the convention will
be subject to port state control. This will entail some sort of evaluation by the authorities of
other nations as to whether ships entering their territories live up to the convention. As a
principal rule, however, it is deemed sufficient that a ship can produce its MLC-certificate
issued by - or on behalf of - the DMA. Never the less, it cannot be ruled out that some port
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state inspectors may challenge, question and examine some of the conditions described in
the statements of compliance.
Inspectors performing port state control must be expected to be more conversant with the
text of the convention than with the contents of the Danish rules of implementation.
Especially in cases where Danish authorities appear to be more pragmatic than the word
of the convention and the ILO guidelines, there may be reasons for enhanced efforts to
“practice what one preaches”.
The chosen model consequently does not only consider the certification of the ship but
also directions as to how the material can be brought into use at inspections.
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III - “Get started”
In this chapter it is attempted to illustrate the task facing the shipowner in connection with
MLC survey and certification and to convey one or more possible ways to go about it.
Certification - who, what, when and which elements
1. Who is responsible for the survey and certification:
The shipowner is responsible for the execution of the certification and for the ship’s
compliance with the convention at all times.
The shipowner can, besides the owner, be any person or organization, viz.:
• a managing owner
• a bare-boat charterer
• a technical or other manager
having assumed responsibility for the running of the ship and having thereby
accepted all tasks and duties imposed on the shipowner by legislation (i.e. MLC-
regulations), irrespective of any other organizations or persons taking care of some
of the tasks and duties on the shipowner’s behalf.
This definition of the shipowner is known from the ISM-code. Normally the ISM-
responsible entity shall be the same person or organization responsible for MLC.
When it comes to MLC obligations the shipowner is ultimately responsible to all
seafarers on board - also seafarers employed by a different employer.
The Danish Maritime Authorities (DMA) is fully responsible for inspection and
certification of the relevant working or living conditions on ships flying its flag,
regardless of the possibility that inspection and approval is delegated to a
classification society.
2. What shall be surveyed and certified:
• Cargo and passenger ships above 500 GT in international trade.
3. What shall be surveyed and may be voluntarily certified
• Cargo and passenger ships below 500 GT in international trade
• Cargo and passenger ships irrespective of size in domestic trade
• Cargo ships with a length (L) below 15 m or with a dimension figure below
100 regardless of international or domestic trade. Common for commercial
vessels of this category and for wooden ships of a primitive construction is,
that they shall not be certified.
4. When must survey and certification happen:
When the convention comes into force, existing ships falling under the requirements
must have their certification in place. The convention comes into force on 20 August
2013.
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New ships must be certified before entering into service and a temporary certificate
may be issued on delivery, valid for max. 6 months. The same applies when a ship
changes its flag or its owner, responsible for the certification.
An intermediate inspection must be made between the 2nd and the 3rd year before
the day of expiry of the existing certificate. The certificate is normally valid for 5
years. Renewal inspection is normally done up to 3 months for the expiry of the
certificate.
Survey of ships not required to be certified, to be conducted at next ordinary
existing survey. Subsequent surveys to be conducted at intervals not exceeding 3
years.
5. Which elements must be inspected:
Both the first inspection and subsequent renewal inspections must constitute a
complete inspection of the working- and living conditions of the seafarers, including
but not limited to inspection of minimum age, medical certificates, the seafarers’
qualifications, contracts of employment, use of authorized / certified or regulating
recruitment- or intermediary services, work and recreation hours, ship’s manning,
day rooms, recreational facilities on board, food and provisions, health and security
measures as well as accident prevention, sick care, complaints procedure on board,
and payment of wages.
The intermediate inspection shall ensure conformity with the above.
Points of action:
- INTERNAL DISTRIBUTION OF RESPONSIBILITES AND TASKS
- CREATION OF TIME SCHEDULE
The MLC Manual
As mentioned in the preface, and stated in Regulation 5.2.1 qouted below the ship’s MLC-
certificate will be prima facie evidence of the ship’s compliance with the convention, and in
formulating the MLC Manual the work group has therefore given its main attention to the
14 points forming part of this certification. An example of an executed certificate with
related statements of compliance has been added in section V.
Regulation 5.2.1. Each Member shall accept the maritime labour certificate and the
declaration of maritime labour compliance required under Regulation 5.1.3 as prima
facie evidence of compliance with the requirements of this Convention (including
seafarers’ rights). Accordingly, the inspection in its ports shall, except in the
circumstances specified in the Code, be limited to a review of the certificate and
declaration.
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Each of the 14 points is treated separately in the MLC Manual, and each point is built on 6
elements, clearly separated from each other by different colour codes in the printed
version:
- A repetition of the text belonging to the point as it will appear in the DMLC Part I
(the requirements).
- Proposals for text in DMLC Part I (stating measures taken by the shipowner to
comply with the requirements).
- ISF proposals for / example of document execution of DMLC Part II.
- Reference to relevant annex texts (specifying more precisely how the shipowner
complies with the requirements).
- Proposals for instruction to the Master or standing order, specifying the Master’s -
or that a person designated by him - special role in relation to the point.
- Comments and guidelines, inspired inter alia by the views exchanged by the
respective work groups in relation to the point.
The DMA has laid down the contents of DMLC Part I which explain where and how the
requirements of the convention have been implemented in the Danish rules. Although it
must be expected that the MLC inspection will first and foremost focus on the set of rules
reflected in DMLC Part I, it can of course not be ignored that it is the actual wording of the
more detailed legislative texts, circulars or announcements, being referred to, that the
shipowners must generally comply with.
The contents of DMLC Part II are proposals for describing what overall measures the
shipowner has taken to comply with the applicable rules and regulations as outlined in
DMLC Part I. In the annex texts, these are extended with proposals as to how measures
can be carried out specifically. There is no doubt that there is an obligation to illustrate
measures taken, but if these measures are detailed in DMLC Part II, the option to make
changes hereto cease to exist once the certificate has been issued. Such changes can,
however, still be made if, as suggested here, a closer description of the measures taken is
made in the annexes, to which reference is made.
The text of DMLC Part II and the contents of the suggested annexes are rooted in what is
already common practice with many shipowners today, supplemented and extended with
new initiatives following from the implementation of Danish rules as changed by the MLC.
In many areas it is appropriate to say that industry-related standards already exist and that
they have now been put to paper in connection with the Manual. Many shipowners,
therefore, will easily recognize the contents of the annexes and, if so desired, will easily
adapt to them if they do not already do so.
International Shipping Federation (ISF) has recently updated its MLC Guide (Guidelines on
the Application of the ILO MLC) and the 2nd edition is now available. It contains, among
other things, an example of how the text of DMLC Part II could be worded. Apart from a
few differences, there is considerable coincidence in the approaches taken in the ISF
Guide and the MLC Manual, respectively. For that reason we have chosen to include the
text from the ISF Guide as an example of alternative ways to do it, even though this text is
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not in total conformity with the Danish rules and regulations but rather aims at the text of
the convention.
As previously mentioned, most shipowners are already today to a great extent in
compliance with the requirements of the convention, which is due to the fact that the
requirements are already an incorporated part of the existing Danish rules. Compliance
with these rules, however, has not been systematized in all shipowner organizations in
such a way that it would stand up to an actual inspection. This is exactly where the MLC
may prove to impose the biggest difference as far as Danish ships are concerned.
How to use this MLC Manual
There are many ways for a shipowner to go about the task of obtaining his MLC certificate.
The purpose of this MLC Manual is not to account for all of these ways but rather to
demonstrate a simple way. - A solution which will live up to the requirements and
represent a relatively simple and smooth solution for those opting to use it, without
burdening the shipowners and crews more than necessary. For the shipowners opting to
use another solution, the MLC Manual may be used simply as an expression of the
working groups understanding of the requirements and what it takes to fulfil them.
The solution suggested in the MLC Guide is based partly on a systematized approach to
the 14 points forming part of the MLC and partly on consideration for the method deemed
to come closest to the realities of shipowners’ daily life.
If the shipowner considers that the text of the proposals for DMLC Part II corresponds to
his existing practice or to his intentions, then the text can be written directly into the
document of compliance prepared by the shipowner, DMLC Part II. Alternatively, it will be
necessary to modify the text to reflect the shipowners steps or to formulate and insert a
text entirely of his own design. Once it has been decided what steps are to be taken in
order to live up to each of the requirements it will be necessary to get it clear how these
steps will be taken. While there seems to be great concurrence among the shipowners in
what is being done, there is quite naturally a tendency towards greater variance in how
they take their steps.
Such variances are also reflected in the wording and the volume of the annexes
sponsored by the individual members of the working group, some of which appearing to be
shaped quite simple while others seems to be more complex.
Consequently, the MLC Manual does not necessarily offer only one suggestion for each of
the 14 points, but in some cases several suggestions for annex texts, containing
examples of how the shipowner can take the measures which he has indicated in DMLC II
that he will take. These texts, suggestions and examples have been named “procedures”
as a common denominator but are in reality just a description of measures taken and
should not, therefore, be confounded with e.g. ISM procedures.
In the printed version of the MLC Manual the annexes have been organized in the section
called “collection of data”. In the electronic version the annexes appear as text or web
links.
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As regards the annex texts it is particularly important that the shipowner - possibly using
gab-analyses - actively evaluates and decides if and to what extent the text is a reflection
of his own action leading to fulfilment of each requirement. It must be expected that a
certain adaptation will be necessary, because the description must reflect reality as it
actually looks.
Lack of correspondence between what the shipowner says that he will do and what an
inspection reveals that he actually does, should of course be avoided.
The individual shipowners are then, over and above the task of illustrating what and how
the requirements are met, left with the exercise of communicating this to everybody
involved in the process and ensuring that they act and perform accordingly. Especially for
the benefit of the Master and his key function in connection with the inspection on board
and in port state controls, a standing order, in the shape of a short instruction to the
Master, has been formulated for each of the 14 points.
There are no special demands regarding the form of the description or how to live up to
the requirements but there is a number of good reasons for currently keeping record of the
whereabouts of the descriptions, and possibly keeping them together, so that they can be
easily produced in connection with an inspection or for other reasons. As an illustration, an
index for the collection of such data has been included in section VI.
Points of action
- AGREE/DISAGREE IN DMLC PART II
- ADAPT PROCEDURES
- COLLECT DOCUMENTS
- IMPLEMENT
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IV – Presentation and review of the 14 points, one by one
1. Minimum age (Regulation 1.1)
Declaration of Maritime Labour Compliance Part I
Act on seafarers' conditions of employment, etc., section 4, Minimum age
provisions
• The minimum age required of seafarers working on Danish ships is the one
stipulated in the MLC, i.e. 16 years. For the protection of seafarers between the age
of 16 and 18 years, special regulations have been laid down on hours of rest, night
work, etc., that are mentioned below.
Act on the manning of ships, section 8, Ship's cooks
• Ship's cooks prescribed in the ship's minimum safe manning document must not be
below the age of 18.
Order on seafarers' hours of rest
Regulations on prohibition against night work, etc. for young persons below the age
of 18
• A seafarer below the age of 18 must have at least a 12-hour period of rest during a
24-hour working day. A seafarer below the age of 18 must not work during the
period from 20.00 to 06.00 hours, and this period determines the concept of a night.
However, the master can require that seafarers below the age of 18 work when it is
necessary in consideration of the immediate safety of the ship, those on board or the
cargo or to assist other ships or persons in distress at sea.
• For watchkeeping seafarers below the age of 18, the 12-hour period of rest can be
divided into a maximum of two periods, one of which must have a duration of at least
8 hours and fall between 20.00 and 06.00 hours.
• However, the prohibition against night work does not apply if any other placement is
necessary as part of a vocational training programme, a maritime training
programme approved by the Danish Maritime Authority or similar training of at least
2 years' duration leading to professional qualification.
Notice A from the Danish Maritime Authority, chapter I, part B, Young people's work
on board ships
• Seafarers below the age of 18 must not carry out work that is harmful to health.
Chapter I, part B, describes work that is considered harmful to young seafarers'
health. This includes, for example, work using certain technical equipment.
• Young seafarers must not be exposed to noise or vibrations that may present a risk
to their health. In addition, work is prohibited in for example surroundings that, due to
extremely high or extremely low temperatures, may present a risk to the safety of
young seafarers, just as young seafarers must not work with or in any other way be
exposed to the effects of harmful substances and materials.
• A seafarer below the age of 18 can, however, carry out certain types of risky work to
the extent that it is necessary to complete certain types of training. As regards work
after the completion of the training programme, the same exemptions apply to the
extent that they are necessary for the young person's employment and on the con-
dition that he or she is still below the age of 18.
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Declaration of Maritime Labour Compliance Part II (DSA)
The shipowner checks the seafarer’s age by means of official papers of identification and
will not employ anybody under the age of 16 for duty on board. The Master takes care
that seafarers under the age of 18 are not made to carry out work assumed to be
detrimental to the health of youths, and that youths are not exposed to noise or vibrations
that may be detrimental to their health. The special rest hour regulations for seafarers
under the age of 18 must be observed. To the extent that educational considerations for
seafarers under the age of 18 call for their engagement in risky but lawful duties, special
precautions must be taken to take the inherent risks into account.
Declaration of Maritime Labour Compliance Part II (ISF)
A list of any seafarers under the age of 18 is provided by the Company and maintained as
part of the Safety Management System (SMS). A comment concerning the age of any
such seafarers is entered into the ISF Watchkeeper work/rest hour software used on
board the ship. In accordance with standing orders, upon arrival on board, the Master or
designated officer checks the passport and/or Seafarer's Identity Document of seafarers
to confirm that no person working on board is below the age of 16 and that any seafarers
under 18 years old are identified. Standing orders prohibit seafarers below the age of 18
from work that may jeopardise their safety or health and night work (as defined by
national regulation) except during an emergency or, with respect to night work, as part of
their professional development, in which case such work is recorded with a comment on
the seafarer's work/rest hour record (which is signed by the seafarer) as well as being
recorded in the ship's log. Any questions that arise concerning the age of seafarers are
communicated to the Designated Person Ashore (DPA).
Annexes
Manning Procedure
Instructions to the Master (standing orders)
Young people aged under 18 employed to work on board
Instructions to the Master
In connection with signing on (the manning procedure) the Master will check that the
seafarer is at least 18 years old or at least 16 years old if he is employed in an
educational position. Educational positions are defined as employment in positions for
which the DMA has issued requirements to the effect that the practical part of the
education follows an approved book of education. The restrictions applying to seafarers
under the age of 18 and dealing with the types of work that is permitted, at which times
the work may take place and under what conditions it may be carried out, must be
considered in the planning and execution of the work delegated to the young seafarer.
Comments
The point (minimum age) is the one first covered by the rather comprehensive
suggestions for manning procedures, and is therefore introduced under this point.
The manning procedure is available in both an A and an M version, depending on
whether the point of departure is primarily an electronic or a manual personnel system.
The procedures departs from the obviously rather common working procedures
surrounding the recruitment and deployment of seafarers with many shipowners. The
working procedure is based on a relatively clear distribution of tasks and responsibilities
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between the respective players, where the various tasks, depending on the size of the
company, can be shared out between varying numbers of persons. The composition of
the procedure resembles a check list, and the fulfilment of the individual points is best
documented by a lack of examples on board the ship deviating from the text of the
procedure in connection with inspections. The procedure assumes that the shipowners
choose the obvious solutions but is far from adequate for shipowners wanting for instance
to use recruitment- and intermediary services in non-ratifying countries.
The age of the seafarer, documented by CPR-number or birthday, as stated in official
identification papers, shall be determined by the shipowner at the time of employment and
by the Master at the time of signing on. It must already at this stage be verified that no
seafarers under the age of 16 are employed and that no seafarers under the age of 18
are employed in positions involving preparation of foodstuff on board. The number of
employees under 18 in Danish ships is very limited, and consequently, there is
supposedly no need for record-keeping of such seafarers in the shipowner’s SMS lists.
The restrictions laid down for youths under 18 do basically apply to all seafarers under 18,
with specific exceptions necessitated with regard to education. In the collection of data a
procedure has been inserted, in which the Master may find useful support in connection
with protection of seafarers under the age of 18. It also talks about the special measures
that should be taken when youths, for reasons of their education, are deployed in areas of
work, which they are normally restricted from doing because of their age. Especially when
such work is directly mentioned in the seafarer’s book of education, it must be beyond
doubt that his participation in it is a prerequisite for his education.
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2. Medical certification (Regulation 1.2)
Declaration of Maritime Labour Compliance Part I
Order on medical examinations of seafarers and fishermen
• In order to work on board a ship, seafarers must hold a valid health certificate
documenting that the seafarer has been found fit for ship service, if relevant with
certain limitations, through the special medical examination of seafarers.
• The form and contents of the certificate is determined by the Danish Maritime
Authority and it is in both Danish and English.
• In Denmark, medical examinations must be carried out only by maritime medical
practitioners appointed by the Danish Maritime Authority who have been assigned a
special maritime medical practitioner's number. An overview of maritime medical
practitioners is available from the webpage of the Danish Maritime Authority
(www.dma.dk). Outside Denmark, the medical examination can be carried out by
medical practitioners approved in the relevant country to carry out national medical
examinations of seafarers.
• The maritime medical practitioner uses the digital medical certificate prescribed by
the Danish Maritime Authority laying down, inter alia, the scope of the medical
examination and whether the seafarer is fit for lookout duty. If the examination is
carried out outside Denmark, the English paper version of the medical certificate is
used with the associated guidelines containing information about when a seafarer's
diseases and defects result in unfitness for ship service, limitations in the period of
validity, the work area on board or the trade area. The medical certificate is available
from the webpage of the Danish Maritime Authority (www.dma.dk) and can be
downloaded. Other medical certificates must not be used for medical examinations
outside Denmark unless otherwise provided by the Danish Maritime Authority’s
webpage (www.dma.dk).
• The maritime medical practitioner issues or endorses the seafarer's health certificate
as regards the result of the medical examination and whether the examination of the
seafarer's sight and hearing makes him or her fit for lookout duty. In this connection,
the maritime medical practitioner states his name and address and stamps the
certificate with the assigned maritime medical practitioner's number. In connection
with medical examinations outside Denmark, this is done by the master stating the
examining medical practitioner's name and address as well as the master's name
and the ship's name. The Danish Maritime Authority can also issue a health
certificate to a seafarer or endorse it.
• For seafarers of 18 years of age or older, the medical examination and thus also the
health certificate has a validity of 2 years, calculated from the date of the
examination, whereas the medical examination for seafarers below the age of 18
has a validity of 1 year. However, the examining medical practitioner can limit the
medical examination and thus also the period of validity of the health certificate. If
the period of validity of the health certificate expires during a ship's voyage, the
certificate remains valid until its first call at a port where it is possible to carry out the
examination without unnecessary delay, however no more than 3 months from the
date of expiry.
• When the seafarer signs on, he or she must hand over the health certificate to the
master who must keep it for as long as the seafarer serves on board.
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• Complaints
The decision by the maritime medical practitioner or by the foreign medical practitioner
that a seafarer is unfit for ship service or fit with limitations and the subsequent
endorsement of the health certificate can in writing be brought before the special Danish
Shipping Tribunal, which has inter alia maritime medical knowledge. The Danish Shipping
Tribunal is a Danish independent public authority. As regards complaints about decisions
about the importance of a seafarer's sight and hearing for the work on board, the Danish
Maritime Authority is the complaint authority.
Declaration of Maritime Labour Compliance Part II (DSA)
The shipowner will check that the seafarer is in possession of a valid health certificate at
the commencement of service. The Master will take steps to deal with possible limitations
and ensure that the seafarer undergoes a new medical examination as soon as the health
certificate expires during service. The Master will inform the shipowner in the event that
the seafarer is not capable of carrying out his duties.
Declaration of Maritime Labour Compliance Part II (ISF)
Upon arrival on board, the Master or designated officer checks the validity of the
seafarers' medical certificates and, where relevant, colour blindness certificates.
The SMS establishes the criteria for checking the validity of medical certificates, and
procedures with respect to certificates that may become out of date during the voyage.
Any questions that arise concerning the validity of medical certificates or the fitness of
seafarers are communicated to the Designated Person Ashore (DPA).
In the event that during the voyage new medical certificates are issued following an
examination by a qualified medical examiner or become out of date, this is recorded in
the SMS.
Annexes
Manning Procedure
Instructions to the Master (standing orders)
Health Certificate for Seafarers and Fishermen
Medical Certificate for Examination of Seafarers
Guidelines for Medical Practitioners on Medical Certificates
Instructions to the Master
As part of signing on control (cf. the manning procedure) the Master will take care that the
seafarer is in possession of a valid health certificate. In the event that the seafarer is not,
but can produce a Danish medical examination for seafarers performed abroad, the
Master will issue a health certificate to the seafarer and enter the result of the medical
examination the health certificate. After the issuance of the health certificate the medical
examination shall be confidentially sent to the DMA. If the seafarer can neither produce a
valid certificate of health nor a Danish medical examination for seafarers performed
abroad, the Master will arrange such an examination before the ship’s departure. The
Master will take care that possible limitations in trading area are observed and that
possible limitations of suitability stated in the health certificate are made known to the
seafarer’s day-to-day head.
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Comments
In the manning procedure it is assumed that the seafarer is in possession of a valid
Danish health certificate in the shape of the “blue book” or - as a minimum - has
undergone a Danish medical examination for seafarers abroad, performed by a doctor,
who is authorized to perform medical examinations of his country’s own seafarers. In the
instruction to the Master, as far as medical certificates are concerned, it has been stated
what the Master is expected to do to fulfil the requirement, as well as suggestions for
observing possible limitations. It should be ensured that there is a supply of health
certificates, “blue books” available on board, which the Master can endorse and issue.
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3. Qualifications of seafarers (Regulation 1.3)
Declaration of Maritime Labour Compliance Part I
Act on the manning of ships and act on the maritime training programmes
• Requirements for seafarers' qualifications are primarily regulated through the act on
the manning of ships and the act on the maritime training programmes. A number of
regulations have been issued pursuant to the two acts mentioned above, and those
regulations fully consider the requirements of regulation 1.3. Denmark ratified the
STCW Convention in 1981. Thus, ship's officers holding both Danish and foreign
certificates of competency are certified in accordance with the STCW Convention, as
amended. Similarly, other seafarers must be instructed about personal safety in
accordance with the STCW Convention before the service is started on board.
Declaration of Maritime Labour Compliance Part II (DSA)
The shipowner will take care, at the commencement of service, that the seafarer is in
possession of the qualifications and certificate required by the ship’s safe manning
certificate and that their time of expiry is sufficiently far advanced. Any questions
concerning the validity of STCW certificates or other qualifications are communicated to
the shipowner. In accordance with standing orders, personal safety familiarization and
ship specific familiarization are given to each seafarer upon joining the ship and before
commencing their duties.
Declaration of Maritime Labour Compliance Part II (ISF)
The Company advises the Master of seafarers joining ship, stating their qualifications,
including any seafarers providing medical care on board and ship's cooks or catering
personnel. As part of its SMS, the Company has procedures for checking the validity of
appropriate certificates and/or dispensations as required by the STCW Convention, as
well as the qualifications of seafarers providing medical care on board and of ship's cooks
or catering personnel. In accordance with standing orders, upon arrival on board, the
Master or designated officer checks that all seafarers hold valid and original STCW
certificates and appropriate endorsements, including flag state recognition endorsements,
and that these correspond with the capacity in which the seafarer is employed as
described in the ship's Safe Manning Document. Any questions concerning the validity of
STCW certificates or other qualifications are communicated to the Designated Person
Ashore (DPA). In accordance with standing orders, personal safety familiarization and
ship specific familiarization are given to each seafarer upon joining the ship and before
commencing their duties by the designated on board training officer. This is recorded in
the seafarer's Personal Training and Service Record Book and in the on board record of
training that forms part of the SMS.
Annexes
Manning Procedure
Instructions to the Master (standing orders)
Qualification Matrix
Qualifications - Catering Staff
Procedure concerning introduction on board
Familiarization - Checklist
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Instructions to the Master
The Master will take care, at the time of signing on (the manning procedure) that the
seafarer has certificates necessary to hold the position and that he can produce valid
original certificates to that effect. To get an overview of the requirements in force
regarding the crew and the individuals composing it, the Master should preferably mark
the requirements following from the ship’s safe manning certificate, as well as other
requirements to be observed, in a matrix of qualifications, which may henceforth serve as
a check list.
In the matrix, distinction should be made between job requirements, that is requirements
for the filling of a specific and typical position as prescribed in the safe manning certificate
(e.g. Certificate of Competence), and function requirements, that is requirements calling
for the existence on board of qualifications of a specific nature (e.g. Fast Rescue Boat),
not necessarily calling for this qualification to be linked to a specific person or position on
board. If the function requirements are fulfilled by another position than the one filling it
according to the matrix it may be necessary to alter the distribution of functions and/or the
muster roll on board. It falls upon the Master to take care of making such alterations.
Comments
In the event that the shipowner has stipulated additional qualification requirements for the
prescribed crew or requirements for surplus seafarers, including seafarers employed by
others than the shipowner, such requirements may be incorporated in the matrix of
qualifications. The requirements of the matrix can be either programmed in the personnel
system, so that it will not be possible to employ an unqualified seafarer in a given position,
or the relevant control can be made manually. In regard to actual uncertainty about the
validity of certificates, a text as suggested by ISF could be incorporated. As regards the
duty to instruct new on-signers, this should be amply described in the ship’s ISM
procedure. In the collection of data an example of this, accompanied by a check list, has
been copied.
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4. Seafarers’ employment agreements (Regulation 2.1)
Declaration of Maritime Labour Compliance Part I
Order on the shipowner's obligation to conclude a written contract with the
seafarer about the conditions of employment
• A written employment contract must be concluded between the seafarer and the
shipowner or the employer or the one who has assumed the responsibilities of the
shipowner or the employer. The contract must be concluded no later than at the start
of the employment; and for ship-employed seafarers no later than at the start of the
service on board. The seafarer must have a chance of going through the
employment contract and seeking advice about its terms before signing it.
Contents of the employment contract
• The seafarer must receive a copy of the employment contract signed by the
shipowner/employer or the one who has assumed the responsibilities of the
shipowner or the employer. There is no requirement for a special form of the
seafarer's employment contract.
• The employment contract must contain information about all conditions of
importance to the employment as they are stipulated in the order which is available
in English from the webpage of the Danish Maritime Authority (www.dma.dk). When
the seafarer or the employer terminates the employment, the date hereof as well as
how the employment has been terminated must be given in writing.
• As regards some of the information about the employment, the shipowner's
information obligation is considered met if the employment contract refers to acts,
administrative provisions or collective agreements pertaining to the relevant
conditions.
• If a collective agreement constitutes the entire or parts of the seafarer's employment
contract, the shipowner must ensure that a copy of this collective agreement is
available on board. As regards ships engaged on international voyages, only the
parts of or the collective agreements subject to port State control inspections must
be available in English.
A copy of the employment contract must be available on board
• The seafarer must bring along or, before the ship's departure, procure a copy of the
employment agreement for the master, who must keep it on board for as long as the
employee serves on board. The seafarer's signature must be evident from the copy
when it is handed over on board. As regards ships engaged on international
voyages, an English copy of any standard form used must also be available on
board.
Act on seafarers' conditions of employment, etc., section 74
• The master must ensure that a copy of the act and the provisions issued pursuant
hereof is available on board in Danish and English and is available to the seafarers.
Order on the reporting of the signing on and signing off of seafarers to the Danish
Maritime Authority and on discharge books
• A seafarer who is a Danish citizen must, when signing on, hold a Danish discharge
book. However, this is the case only when he or she signs on in a position covered
by the ship's minimum safe manning document. The master of the ship must in
connection with the signing on and signing off of seafarers fill in and sign the sea-
farer's Danish discharge book.
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• As regards other Danish seafarers and foreign seafarers, the master must upon
request confirm the employment by endorsing the relevant person's discharge book
or in some other way, for example through a special statement.
• A filled in discharge book or a written statement from the master is considered
sufficient recording of the seafarer's employment to meet the provision of Standard
A2.1, paragraph 1e.
Act on seafarers' conditions of employment, etc., sections 5, 37, 47, etc., Provisions
on notice of termination and resignation/dismissal
Notice of termination
• Able-bodied seafarers must be given or give 7 days' notice unless otherwise agreed
by contract or by collective agreement. The seafarer can have a shorter notice than
the shipowner, but not the other way around.
• Ship's officers must in general be given or give 3 months' notice if the officer is
engaged through an open-ended contract. However, the shipowner's notice cannot
be less than 1 month during the first year. If the officer is engaged on a time
contract, the notice will typically be shorter and in general either 1 month or 7 days.
Just as is the case for able-bodied seafarers, shorter notice cannot be agreed for the
shipowner than for the officer.
Resignation/dismissal (unilateral termination of the contract without notice before the
expiry of the employment period)
• By the seafarer
The act contains a number of provisions entitling the seafarer to terminate the
contract without notice (resignation). For example in cases where the ship is
unseaworthy, is to call at a port with a virulent epidemic or no longer flies the Danish
flag. In each individual case, certain conditions must be met that are described in
more detail in the individual provisions of the act. Thus, the regulation of Standard
A.2.1, paragraph 6, is met.
• By the shipowner
Furthermore, the act contains provisions entitling the shipowner/master to terminate
the seafarer's employment without notice in case of, for example, incompetence,
missing the ship, gross neglect by the seafarer, repeated disobedience, violent
behaviour or drunkenness on board, etc. Thus, the regulation in Standard A.2.1,
paragraph 6, is met.
• Special regulations apply to the master meeting the requirements of Standard A.2.1,
paragraph 6.
Declaration of Maritime Labour Compliance Part II (DSA)
The shipowner will take care, before commencement of service, that a written contract of
employment fulfilling the requirements for contents has been entered into, and that the
contract of employment and the documents and references therein referred to will be
available on board, and that the contract is supplemented by English translations of
standard contracts and terms used if that is deemed necessary. On signing off the
seafarer, the shipowner will certify the employment by completing his seaman’s book or,
on request, a certificate of service in cases where a seaman’s book is not prescribed.
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Declaration of Maritime Labour Compliance Part II (ISF)
Prior to joining the ship, the Company or its manning agencies issue each seafarer with a
signed copy of the Seafarers' Employment Agreement (SEA), compliant with national
regulations. Signed copies of the SEA are kept with the SMS documentation on board.
Some seafarers on board the ship may be covered by Collective Bargaining Agreements.
Prior to joining the ship, the Company or its manning agencies issue each seafarer with a
signed copy of the CBA, compliant with national regulations. Copies are kept with the
SMS documentation on board. The Company has a procedure for ensuring that the
provisions of any applicable CBA conform to the relevant SEA, details of which are kept
with the SMS. Each crew member has a Personal Training and Service Record Book to
provide proof of employment on board the ship.
Annexes
Manning Procedure
Instructions to the Master (standing orders)
Collective Bargaining Agreements (CBA’s) referred to in the Employment Contracts
Explanatory extracts of Danish Standard Deep Sea CBA’s
Employee Information
Record of Employment
Agreement between seafarer and owner/master
Instructions to the Master
At the time of signing on (the manning procedure) the Master will check that the seafarer
has entered into and brings along a contract of employment signed by the shipowner (or
employer) as well as the seafarer himself. The Master will check that collective
agreements, which may be referred to in the contract, are readily available and will also
see to it, possibly in consultation with the shipowner, that actual deficiencies in the
contract will be rectified. The Master will check that the seafarer has received or will
receive the information pertaining to seafarers’ working conditions which it is deemed
relevant to give at the time of commencement of the employment. During the time of
service on board the contract of employment shall be in the Master’s custody. Notice of
the time and place of termination of employment must be given in writing. At the end of
service the Master will attest the service in the seafarer’s seaman’s book or, in lack of
same or on request he will issue a certificate of service.
Comments
The point, which can be an administrative burden to comply with but which at the same
time is relatively easy to inspect, is expected to receive a great deal of attention.
Consequently, it is highly recommendable that the shipowner’s handling of contracts of
employment is closely investigated and put into a good framework. It follows from the
section in the manning procedure concerning first time engagements and new
employments that the person in charge must take care that a written contract has been
established with the seafarer. A standard contract of employment living up to the
minimum requirements of the order forms part of the collection of data (Agreement/Crew
list). If the shipowner uses a contract language other than English, then written
translations into English of the standard contracts in use must be available on board. The
document named “MLC information” copied to the collection of data is not only aimed at
the point “seafarers’ contracts of employment” but is also a kind of “assembly document”.
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It has been drafted with the seafarer in mind but it addresses both the seafarer and the
shipowner in view of the fact that what is a right for the one party is often a liability for the
other. If the shipowner’s liabilities, for instance that a copy of the law on seafarers’ terms
of employment must be available on board, is assured in an alternative manner, it may be
omitted in the “MLC information”. By issuing the “MLC information” as an appendix to the
contract of employment the shipowner will meet the requirement of point 14, saying that
all seafarers must be issued with a copy of the complaints procedure on board in addition
to their contract of employment. The English explanation of the standard terms in Danish
collective agreements, which has been copied to the collection of data, is considered a
better way of giving the parties involved the necessary insight and understanding of the
terms than an actual translation of the collective agreements. Consequently, translation of
collective agreements is considered redundant in cases where the explanation covers the
need. The relevant editions of the collective agreements entered into by the Shipowners’
Associations can either be handed out to the seafarer or be accessed via the member
area of www.shipowners.dk and distributed electronically to the seafarers and the ships.
In the cases where seafarers employed and engaged by other employers are working on
board the ships, it falls on the shipowner to take care that such employers comply with the
requirements falling on them pursuant to the shipowner’s manning procedure, so that
such seafarers are not rejected by the Master for lack of a valid Danish medical certificate
and/or contract of employment.
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5. Use of any licensed or certified or regulated private recruitment and
placement service (Regulation 1.4)
Declaration of Maritime Labour Compliance Part I
Act on seafarers' conditions of employment, etc., sections 8a-8e, Provisions on the
recruiting and placing of seafarers and order on the activities of private recruitment
and placement services in Denmark
• Private recruitment and placement services for seafarers, the primary purpose of
which is to recruit or place seafarers or which recruit or place a considerable number
of seafarers must be operated in Denmark only if they are certified for this purpose
by the Danish Maritime Authority.
• Shipowners using such Danish private recruitment and placement services must
ensure that the relevant services hold a valid certificate issued by the Danish
Maritime Authority. The certificate is normally valid for 5 years.
• Shipowners using private recruitment and placement services for seafarers in
countries that have ratified the MLC or ILO Convention no. 179 on the recruitment
and placement of seafarers (1996) must ensure that the relevant services hold a
certificate or a licence documenting that they are operated in accordance with the
requirements of the relevant convention.
• If the relevant country does not issue such certificates or licences to private
recruitment or placement services, the shipowners must procure any other type of
official confirmation that the relevant services are operated in accordance with the
requirements of one of the conventions mentioned above.
• Shipowners using private recruitment and placement services for seafarers in
countries that have not ratified the MLC or ILO Convention no. 179 must be able to
document that the relevant services meet the requirements for recruitment and
placement services stipulated in the relevant conventions.
• The Danish Maritime Authority can approve a shipowner's use of a private
recruitment and placement service for seafarers in a country that has not ratified the
MLC or ILO Convention no. 179. The approval is granted for a limited period of time
that is normally 5 years.
Declaration of Maritime Labour Compliance Part II (DSA)
The shipowner will take care that private recruitment and placement services that he uses
can verify that they operate in accordance with the requirements for such activities as
stipulated in international conventions.
Declaration of Maritime Labour Compliance Part II (ISF)
Ships officers are recruited and employed directly by the Company. Manning agencies
used by the Company to provide ratings and cooks are licensed by the competent
authority in the nations concerned. Where relevant, documentary evidence including
evidence of inspections by the flag state, RO or the Company to confirm that manning
agencies in nations not party to the MLC or which have not been licensed by the
competent authority are in compliance with the Convention, are kept with the on board
SMS documentation. Arrangements for ensuring that seafarers are protected against
monetary loss as a result of any failure by manning agencies are contained in the
Seafarers' Employment Agreement and/or Collective Bargaining Agreement, kept with the
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SMS documentation on board.
Annexes
Manning Procedure
Instructions to the Master (standing orders)
Procedure for audits of Manning Agencies
Instructions to the Master
The Master’s tasks in relation to crewing appear from the shipowner’s manning
procedure. Unless the Master in each individual case of employment via private
recruitment and placement services is advised to the contrary, the shipowner, , shall
vouch for such services being domiciled in a country having ratified the MLC and being
duly certified. If the shipowner uses private recruitment and placement services in
countries that have not ratified the MLC or ILO Convention 179, the shipowner can certify
that such services meet the requirements of said conventions. In case of need, the Master
can obtain information from the shipowner certifying that such a service meets the
requirements of said conventions or has been approved by the DMA.
Comments
The Master should be familiar with the mode of operation of private recruitment and
placement services used by the shipowner and the shipowners control of this, for instance
by possessing copies of the inspections performed by the shipowner and/or
documentation in the shape of a certificate verifying the service’s compliance with the
conventions. In the collection of data an example has been copied of an ISM procedure
for audit of private recruitment and placement services.
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6. Hours of work or rest (Regulation 2.3)
Declaration of Maritime Labour Compliance Part I
The MLC and EU law make it possible to choose between regulating seafarers'
hours of work or their hours of rest. Denmark has chosen solely to regulate
seafarers' hours of rest.
Order on seafarers' hours of rest
Hours of rest per 24 hours and per week
• The seafarer must have at least 10 hours of rest during a 24-hour working day, at
least 6 hours of which must be consecutive. The 10 hours must be divided into a
maximum of two periods of rest, and there must be a maximum of 14 hours between
the periods of rest. Absence from work counts as rest only if it has a duration of at
least 1 hour. A seafarer's total hours of rest in a week must amount to at least 77
hours. All periods of rest are included.
• A working day is a 24-hour period commencing the first time the seafarer starts to
work during a calendar day. A week is a consecutive period of 7 days. The Danish
Maritime Authority can permit that the daily and weekly hours of rest are calculated
within the calendar day (00.00-24.00 hours). A copy of the permit must be available
on board.
Exemptions in case of recorded collective agreements
• Watchkeeping seafarers or seafarers working on ships engaged on short voyages
(such as ferry crossings) can be entitled to shorter periods of rest. However, this
presupposes that a collective agreement has been concluded providing
compensation in the form of more spare-time, compensation time or the like. The
agreement must also take appropriate account of the seafarer's health and safety.
The special collective agreement must not be used until it has been recorded by the
Danish Maritime Authority. The recorded agreement must be available on board.
Exemptions in special cases
• Seafarers on call must have a compensating period of rest if the normal period of
rest is interrupted due to work and if such interruption without compensation of the
employee means that the requirement for the rest hours of the 24-hour working day
cannot be met.
• Employees on call must have total hours of rest during the 24-hour working day of at
least 10 hours. One of the periods of rest must amount to at least 6 hours.
• Musters, fire and rescue drills and other prescribed drills must be carried out so that
they interfere as little as possible with the seafarers' periods of rest and do not lead
to fatigue. The total hours of rest during a 24-hour working day for a seafarer,
irrespective of interruption, must be of at least 10 hours. . One of the periods of rest
must amount to at least 6 hours.
• Exemptions can be granted from the provisions on hours of rest in unforeseen
emergencies, for example when it is necessary for the immediate safety of the ship,
those on board or the cargo or to assist other ships or persons in distress at sea.
The decision is made by the master and, as soon as it is practicable, he or she must
make sure that the seafarer has a sufficient period of rest.
Posters and recording of hours of rest
• In an easily accessible place on board, a record must be posted with information
about each function on board and about the employees’ periods of work at sea and
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in port, including watchkeeping periods for watchkeeping employees The seafarer's
periods of rest must be recorded on a special rest hour form on an on-going basis.
The Danish Maritime Authority has issued forms of watchkeeping and rest hours in a
standardised format. The forms are available as annexes to the order on hours of
rest. If a shipping company wants another format, this must be approved by the
Danish Maritime Authority. The rest hour form must be kept in duplicate.
• The master or a person authorised by him and the seafarer must sign the hours of
rest form every month. At suitable intervals and when the service on board
terminates, the seafarer must receive a signed copy of the rest hour form. The ship's
copy must be kept on board for 6 months after the termination of the ship service.
• The Danish Maritime Authority can permit that seafarers' rest hour data are recorded
and kept electronically on board. A copy of the Danish Maritime Authority's approval
must be available on board.
Declaration of Maritime Labour Compliance Part II (DSA)
The shipowner will take care that the work hours are planned and the duties performed in
such a way that the seafarer will get adequate rest. The shipowner will see to it that the
seafarer’s rest hours are continuously recorded and monitored and that necessary
precautions are taken to prevent violation of the rules concerning rest hours. The official
schedule or table of work/rest hours at sea and in port is posted on the noticeboard
outside the ship’s office. In the event that the schedule is suspended due to emergencies
this is recorded in the ship’s official log, with a comment included in the seafarer’s
work/rest hour record.
Declaration of Maritime Labour Compliance Part II (ISF)
The official schedule or table of work/rest hours at sea and in port is posted on the
noticeboard outside the ship's office. In the event that the schedule is suspended due to
emergencies this is recorded in the ship's official log, with a comment included with the
seafarers' work/rest hour record. The hours of work/rest are recorded on board and
checked for compliance with ILO and STCW requirements using the ISF Watchkeeper
program, which forms part of the on board SMS documentation. In accordance with
standing orders, the Master, Chief Engineer or designated officers conduct advance
checks of planned work/rest hours using the ISF Watchkeeper program, in order to avoid
the possibility of non-compliance. The ship is permitted by the flag state to use the STCW
2010 `Manila exceptions'. In accordance with standing orders, copies of individual
seafarers' work/rest hour records are given to all seafarers on board, and checked and
signed by each seafarer at least once a month. The Master or designated officer
examines the work/rest hour records to ensure compliance, and any concerns about
compliance are reported to the DPA using ISF Watchkeeper Online.
Annexes
Manning Procedure
Instructions to the Master (standing orders)
Rest Periods
Instructions to the Master
It is the responsibility of the Master to see to it that the work hours are planned and the
duties performed in such a way that the seafarer will get adequate rest. The Master takes
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care that the prescribed duty rosters are prepared and displayed at an easily accessible
location on board. He furthermore takes care that a continuous recording of rest hours
takes place and will react on possible violation of the rules concerning rest hours. In the
event that it is impossible to plan the work in compliance with rest hours, the shipowner
shall be contacted. The Master shall approve work assigned to seafarers under the age of
18 between 20.00 pm and 06.00 am. In cases where unplanned situations have
necessitated a deviation from the rules concerning rest hours, this shall be recorded in the
ship’s official log. Unless a dispensation from the DMA can be produced, the Master or a
person designated by him shall together with the seafarer sign the latter’s rest hour
record, to be kept in two copies, each month. One copy is handed to the seafarer and the
other is kept in a binder, which is to be made for that purpose, separated into calendar
months and stored on board. Copies of rest hour records shall be kept in the binder for six
months. Records more than six months old are sent to the shipowner or kept on board.
Rest hour records more than 18 months old may be discarded.
Comments
Rest hours have for many years been an area surrounded by requirements for special
measures, for instance detailed registration. The biggest challenges regarding additional
measures for safeguarding of seafarers’ rest hours seem to involve situations where
difficulties in adhering to the prescribed rest hours may be anticipated. In such situations it
may be necessary to take special measures, for instance adjustments of the planned
work pattern / the fixed duty roster or the ship’s activity in general. Such special
measures will often be contained/described in the shipowner’s SMS, and an example of
this has been copied in the collection of data.
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7. Manning levels for the ship (Regulation 2.7)
Declaration of Maritime Labour Compliance Part I
Act on the manning of ships
Minimum safe manning document
• The act on the manning of ships prescribes that, on all ships, there must be a master
and in addition the crew necessary in consideration of the safety of human lives at
sea.
• Passenger ships, irrespective of size, cargo ships with a gross tonnage of or above
20 and cargo ships with a gross tonnage below 20 engaged on international
voyages must hold a certificate issued by the Danish Maritime Authority containing
the minimum safe manning. It is issued in consideration of IMO resolution
A.1047(27) on the manning of ships.
• The minimum safe manning is established for each individual ship in consideration
of the ship's type, arrangement, equipment, use and trade area so that the size and
composition of the crew makes it possible to carry out all tasks of importance to the
safety of the ship and those on board, including:
• maintenance of a safe bridge and engine watch;
• operation and maintenance of life-saving appliances;
• operation and maintenance of damage control, fire-extinguishing and
communication equipment;
• other maintenance and cleaning of a safety-related nature;
• mooring operations;
• food and health conditions.
• In addition, the following must be taken into consideration when determining the
minimum safe manning:
• the watchkeeping arrangements on board;
• shift work;
• the actual working hours of each individual crew member;
• the provisions on rest hours in force; and
• the use of general purpose crews.
Complaint
• During a period of 4 weeks from the issue of a minimum safe manning document,
the shipping company or the seafarer organisations have a possibility of bringing a
minimum safe manning document before the Danish Shipping Tribunal, which will
take the final administrative decision on the composition of the crew.
Declaration of Maritime Labour Compliance Part II (DSA)
The shipowner will take care that the ship’s manning meets the requirements of the ship’s
safe manning certificate, quantitatively as well as qualitatively. If the ship’s activity and the
resulting work load should dictate it, the shipowner will see to it that the ship’s manning is
adjusted to the needs.
Declaration of Maritime Labour Compliance Part II (ISF)
The ship is manned in accordance with the requirements of the Safe Manning Document
approved by the flag state, which is kept with the on board SMS documentation.
Any questions about manning levels that might be identified from analysis of work hour
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records using the ISF Watchkeeper software are reported to the DPA.
Annexes
Manning Procedure
Instructions to the Master (standing orders)
Minimum Safe Manning Document
Qualification Matrix
Instructions to the Master
At the time of signing on (the manning procedure) the Master checks that the seafarer has
the qualifications necessary to hold the position and that he can produce valid original
certificates to that effect. The Master shall in that connection see to it that the crew on
board meets the requirements of the ship’s safe manning certificate. To get an overview
of the requirements in force regarding the crew and the individuals composing it, the
Master should preferably mark the requirements following from the ship’s safe manning
certificate, as well as other requirements to be observed, in a matrix of qualifications,
which may henceforth serve as a check list.
Comments
According to the manning procedure both the person responsible for manning and the
Master are obligated to take care that the ship’s safe manning certificate is adhered to. In
the collection of data the safe manning certificate forming the basis of the matrix of
qualifications has been copied. Besides, reference is made to point 3 concerning
seafarers’ qualifications.
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8. Accommodation (Regulation 3.1)
Declaration of Maritime Labour Compliance Part I
Order on Notice B from the Danish Maritime Authority, technical regulation on the
construction and equipment, etc. of ships
Order on Notice D from the Danish Maritime Authority, technical regulation on the
construction and equipment, etc. of passenger ships engaged in domestic voyages
• Accommodation
Requirements for accommodation spaces are stipulated by chapter II-3 of Notice B
and Notice D, respectively. Notice B applies to new cargo ships with a length (L) of
or above 15 metres or with scantlings of or above 100 and to passenger ships
engaged in international voyages. Notice D applies to all new passenger ships
engaged in domestic voyages.
The regulation contains provisions on the location, construction and arrangement of
accommodation spaces, including standing height, insulation of accommodation
spaces and materials, corridors, staircases and doors, exits, ventilation, air
conditioning and heating as well as mosquito nets, lighting, the arrangement of
cabins, including provisions on berths, floor area, fittings, provisions on dining
rooms, galleys and storerooms, provisions on sanitary installations (toilets and
bathrooms), special changing rooms, laundry facilities, offices as well as cleaning
and inspection, etc.
The requirements implementing this part, in which it is related to ship construction
and equipment, apply only to ships the keel of which is laid or which are at a similar
stage of construction on or after 20 August 2013, when the MLC enters into force.
As regards ships constructed before this date, the requirements on ship construction
and equipment stipulated in ILO Convention no. 92 on the accommodation of ship's
crews (revised) as well as ILO Convention no. 133 on the accommodation of ships
crews (supplementary provisions) will continue to apply if they applied before the
relevant date according to law and practice. A ship must be considered to be
constructed on the date when the ship's keel is laid or when it is at a similar stage of
construction.
• Both ILO 92 and ILO 133 are fully implemented in Danish law.
Thus, chapter II-3 issued in connection with the implementation of the MLC on
accommodation spaces fully takes account of the requirements of the MLC,
regulation 3.1.
Exemptions and equivalents
• Any exemptions or equivalent solutions in relation to chapter II-3 must, however, be
documented on board so that it is possible to verify compliance with the regulations
during an inspection in a manner that is easy for the surveyor.
• No exemptions have been made in the Danish provisions. This is not possible within
the framework of regulation 3.1.
Declaration of Maritime Labour Compliance Part II (DSA)
The ship, including its accommodation and day rooms, has been built pursuant to the
rules valid prior to 20 August 2013 and no changes to the construction of the
accommodation have been made since then. In accordance with standing orders, regular
inspections of the cleanliness and general condition of the accommodation are made, and
if any deviations are noted they are entered in the ship’s log or planned maintenance
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system, indicating also the remedial measures taken.
Declaration of Maritime Labour Compliance Part II (ISF)
The crew accommodation and equipment on this ship, whose keel was laid in June 2010,
was constructed in accordance with ILO Conventions No. 92 and No. 133. In accordance
with standing orders, the accommodation, mess rooms, sanitary facilities and hospital
accommodation are inspected by the Master or a designated officer at intervals not
exceeding one week. The results of the inspections, and any deficiencies and corrective
actions taken, are recorded in documents kept with the on board SMS.
Annexes
Procedure for Inspection of the Accommodation
Check list for monthly inspections of accommodation and recreational facilities and check
of food supplies
Instructions to the Master (standing orders)
Instructions to the Master
The Master shall regularly and at least once a week carry out an inspection of the ship’s
day rooms in accordance with the relevant established procedure.
Comments
In view of the fact that the construction-related requirements are supposed to be met
already at the building/registration of the ship, attention is solely given to the continuous
maintenance and cleaning. As regards inspections of the accommodation, which has
been very broadly defined in the procedure copied in the collection of data, it is suggested
that with few exceptions this can be carried out in connection with the daily work (on the
way to and from work locations, deficiencies noted during ordinary cleaning etc.). The
need for fixed and formal inspections, therefore, would be most outspoken as far as parts
of the accommodation not inspected during the daily work are concerned. An example of
a more comprehensive system for monthly inspections has been copied in the collection
of data.
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9. On-board recreational facilities (Regulation 3.1)
Declaration of Maritime Labour Compliance Part I
Order on Notice B from the Danish Maritime Authority, technical regulation on the
construction and equipment, etc. of ships
[Notice D from the Danish Maritime Authority, technical regulation on the
construction and equipment, etc. of passenger ships engaged in domestic
voyages]
Recreational facilities
• Requirements for recreational facilities are regulated by chapter II-3 of Notice B and
Notice D, respectively. Notice B applies to new cargo ships with a length (L) of or
above 15 metres or with scantlings of or above 100 and to passenger ships engaged
in international voyages. Notice D applies to all new passenger ships engaged on
domestic voyages.
The regulation contains provisions on outdoor areas/recreational areas and
recreational rooms.
The requirements implementing this part, in which it is related to ship construction
and equipment, apply only to ships the keel of which is laid or which are at a similar
stage of construction on or after 20 August 2013, when the MLC enters into force.
• As regards ships constructed before this date, the requirements on ship construction
and equipment stipulated in ILO Conventions no. 92 no. 133 on the accommodation
of ships crews on board will continue to apply if they applied before the relevant date
according to law and practice. A ship must be considered to be constructed on the
date when the ship's keel is laid or when it is at a similar stage of construction.
• Both Conventions are fully implemented in Danish law.
Thus, chapter II-3 issued in connection with the implementation of the MLC on
accommodation spaces fully takes account of the requirements of regulation 3.1.
Exemptions and equivalents
• Any exemptions or equivalent solutions in relation to chapter II-3 must be
documented on board so that it is possible to verify compliance with the regulations
during an inspection in a manner that is easy for the surveyor.
Declaration of Maritime Labour Compliance Part II (DSA)
The shipowner will take care that regular inspection is made of the ship’s recreational
areas and equipment, which are considered an integral part of the ship’s accommodation,
cf. point 8. To the extent that welfare activities on board and in port are not arranged by
the ship’s club, it falls on the shipowner to ensure that a minimum of recreational options
are available for the seafarers (viz. TV/film monitor, library, exercise equipment, slop
chest, postage and telecommunications etc.).
Declaration of Maritime Labour Compliance Part II (ISF)
In conformity with national regulations, crew members may send mail from the vessel
whilst the vessel is in port. Outgoing mail is placed in a receptacle outside the ship's
office. Incoming mail will be distributed by the duty officer upon receipt. Seafarers also
have access to email where practicable.
Seafarers are provided with the following recreational facilities:
• Televisions and DVD players in officer and crew lounges;
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• CD radio players in every cabin;
• Ship's library;
• Exercise equipment;
• Bar facilities in officer and crew lounges ;and
• Smoking room.
Seafarers, when off duty, may utilise the deck area aft of the accommodation on Deck 3
for relaxation purposes.
Annexes
Procedure for Inspection of the Accommodation
Check list for monthly inspections of accommodation and recreational facilities and check
of food supplies
Instructions to the Master (standing orders)
Instructions to the Master
If the recreational and welfare activities on board are not adequately arranged and
maintained under the auspices of a ship’s club run by the crew, the Master shall take care
that a minimum of recreational options are available for the seafarers. These options
shall, apart from a ship’s library, exercise equipment, slop chest, postage and
telecommunications, TV and film, include access to and circulation of the offers from
Danish Government Seamen’s Service (distribution of books, news services etc.). Day
rooms and recreational facilities, including exercise equipment as it is, shall be regularly
inspected and kept in a good working condition. To the extent that circumstances and
expenditure permit, the Master shall give the seafarer opportunities to go ashore during
off-duty hours when the ship is in port or at safe anchorage.
Comments
In the ISF guide accommodation and recreational facilities appear together. As regards
inspection, maintenance and follow-up, accommodation and recreational facilities are
considered to be contained in point 8, accommodation, and shall be handled as part
hereof.
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10. Food and catering (Regulation 3.2)
Declaration of Maritime Labour Compliance Part I
Order on food in Danish ships
• The food must be composed in such a manner that account is taken of the
necessary content of proteins, fat and carbohydrates as well as of vitamins, minerals
and salts. The food must be as varied as possible and appear appetizing. The
composition of the food must be adjusted to the climatic conditions. Fresh or deep-
frozen raw materials must be used insofar as possible.
• The food must be cooked and served under appropriate conditions of hygiene.
• Drinking water must be of sufficient quality and available in ample supplies in
relation to the size of the crew on board.
• The food must be distributed on three main meals and one or more snacks between
meals.
• The food must be offered in such quantities that everyone on board can get enough
to eat.
• The composition of the food must be adjusted to the seafarers' religious beliefs and
cultural background.
• The food must be free of charge to the seafarer during the period of service.
However, it can be agreed between the parties that the right to free food can be met
through the payment of compensating board-wages when the seafarer does not
sleep on board.
Order on the hygiene competences of seafarers handling articles of food on board
ships
• Persons signing on for a position on a Danish merchant ship involving this person's
handling of articles of food on board and not having a certificate of competency as a
ship's cook must be able to document competences within self-monitoring of
procedures concerning the treatment of articles of food, including critical items to be
checked and monitoring procedures, general microbiology, including foodborne
diseases, and hygienic principles, including cleaning, personal hygiene and the
handling and storage of articles of food.
• The competences can be acquired either as part of a training programme or through
a certificate training programme in food hygiene the contents of which is decided by
the Danish Veterinary and Food Administration where a certificate is acquired upon
completion, or through training on board a ship of at least 7 days' duration where,
among other things, e-learning is used.
• The master is responsible for the persons handling articles of food on board having
documentation of the above-mentioned competences.
Act on the manning of ships and order on the qualification requirements of cooks
not holding a Danish certificate of competency as a ship's cook to serve as a ship's
cook on board merchant ships registered in the Danish International Ship Register
• A cook prescribed in the minimum safe manning document of a ship must hold a
Danish certificate as a ship's cook. Nobody younger than 18 years must serve as a
ship's cook.
• In ships registered in the Danish International Ship Register no Danish certificate as
a ship's cook is required. Persons can serve in prescribed positions as ship's cooks
if they can document apprenticeship in the cooking profession of 48 months, hereof
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at least 24 months in seagoing ships, or satisfactory completion of a cook's training
programme with the relevant contents from a recognised training centre
supplemented by service as a cook on board a seagoing ship for at least 5 months.
The documentation must be accompanied by an endorsement by the Danish
Maritime Authority confirming that the holder can serve as a prescribed cook.
• Persons who have acquired the right to work as a prescribed cook on board Danish
ships in accordance with regulations in force before the entry into force of the ILO
Maritime Labour Convention retain this right.
Order on Notice B from the Danish Maritime Authority, technical regulation on the
construction and equipment, etc. of ships
Order on Notice D from the Danish Maritime Authority, technical regulation on the
construction and equipment, etc. of ships engaged in domestic voyages
Keeping of stores, etc.
(Notice B, chapter II-3, regulation 11.6) and (Notice D, chapter II-3, regulation 11.6)
• Suitable and sufficient possibilities of storing provisions as well as refrigerating and
freezing arrangements must be available for easily perishable articles of food.
Drinking water
(Notice B, chapter II-3, regulation 20.2) and (Notice D, chapter II-3, regulation 17.2)
• It shall be ensured that the drinking water on board (which is used for human
purposes) is of a satisfactory quality suitable for the intended purpose. It shall be
possible to prove this through regular analyses assessed against international
standards.
Cleaning and inspection
(Notice B, chapter II-3, regulation 11.6) and (Notice D, chapter II-3, regulation 11.6)
• Accommodation spaces (including the galley) must be kept clean and proper.
Cleaning must take place on a daily basis. They must be used only for goods or
stores belonging to the one(s) for whom the room is intended.
• Accommodation spaces must be disinfected to the extent necessary following every
contagious disease on board.
• Accommodation spaces in which vermin are found must be cleaned and disinfected
immediately.
• The master or the one whom he or she has entrusted with this task must, together
with one or more crew members, inspect all accommodation spaces at intervals of
no more than one week.
• The result hereof must be entered in the ship's logbook if one is available or
otherwise in the annexed file.
Declaration of Maritime Labour Compliance Part II (DSA)
The shipowner will take care that the crew is offered good and adequate food and that it
is prepared and served under proper hygienic conditions and is handled by persons
having the prescribed competencies in food hygiene. The shipowner will take care that
the cook responsible for the preparation of food is at least 18 years of age. The shipowner
will take care that provisions are stored under secure and hygienic conditions. The
shipowner will take care that drinking water on board is adequate, qualitatively and
quantitatively.
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Declaration of Maritime Labour Compliance Part II (ISF)
In accordance with standing orders, potable water is tested by a designated officer, prior
to and on completion of loading. Test results are recorded as part of the SMS. Where
potable water does not reach the required standard this is recorded in the ship's official
log and rejected prior to loading. In accordance with standing orders, food stores are
ordered to ensure a minimum of one month's useable food (or longer if operationally
required). Upon receipt of the stores they are inspected by the Chief Officer or a
designated officer and the ship's cook to ensure that they conform to the required
standard. Any substandard food is rejected, with a record of such rejections maintained in
the galley. In accordance with the SMS, food is stored in the dry store, cold store or
freezers as appropriate. In accordance with standing orders, food preparation only takes
place in the galley, which conforms to national regulations. Menu plans are located in the
galley. Any unresolved issues arising from cultural or religious requirements are reported
to the Company and recorded in the ship's official log. Ship's cooks and catering staff are
qualified in accordance with national regulations. Documentation concerning qualifications
is kept with the on board SMS. In accordance with standing orders, the galley, food
storage areas and supplies of food and water are inspected by the Master or a designated
officer at intervals not exceeding one week, with particular reference to hygiene. The
results of the inspections, and any deficiencies and corrective actions taken, are recorded
in documents kept with the on board SMS. Standing orders prohibit seafarers under the
age of 18 from being involved in food preparation.
Annexes
Food and Catering - Good and Sufficient Food
Food and Catering - Preparation under Proper Hygienic Conditions
Food and Catering - Drinking Water
Self Assessment - Weekly Report
Manning Procedure
Qualifications - Catering Staff
Check list for monthly inspections of accommodation and recreational facilities and check
of food supplies
Instructions to the Master (standing orders)
Instructions to the Master
The Master will take care that the provisions of the order in force regarding food on board
Danish ships are followed, including:
• that only persons able to document on signing on that they are in possession of the
necessary competencies, in the shape of training as ship’s cook or an approved
hygienic course, are allowed to be involved in the handling of food on board.
• that the person responsible for food preparation (the cook) prepares and displays
menus ensuring a varied and nutritional diet, with due consideration for the
provisions of the above order, including the religious and cultural background of the
crew.
• that the food, which shall be distributed over three main meals and one or more
snacks, is prepared and served under hygienic and proper conditions in adequate
quantities.
• that the person responsible for food preparation currently and regularly checks the
provisions and the conditions under which they are kept and that faults or
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insufficiencies are remedied at once. Also, that drinking water is of a proper quality
and available in adequate quantities.
• documentation for completed training in accordance with the e-learning material
prepared by Seahealth.
• that inspection of the galley and the provisions shall be a fixed point in the
procedure for the weekly inspection of the accommodation and that observations, if
any, are noted in the ship’s journal.
Doubt regarding the quality of the drinking water shall be handled under the auspices of
the safety committee, and this is also the relevant forum to discuss and make remarks
about the food.
Comments
Instead of stating that “the shipowner will take care…” in DMLC Part II, it can also be
stated that “the shipowner has procedures…” dealing with the various conditions.
Examples of such procedures, divided into topics, form part of the collection of data. It will
make good sense to merge these procedures with, or supplement them with, more
operational measures, so that they match and reflect the conditions of the individual
shipowner/ship. As to the on board training of hygienic competencies, reference is made
to the education material prepared by Seahealth, where viewing the instructional film,
reading the pamphlet “the hygiene material” and the practical training on board are
considered to meet the minimum requirement. Regarding the requirement for cleanliness
and weekly inspections there is a certain overlap with point 8, accommodation, and point
9, recreational facilities.
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11. Health and safety and accident prevention (Regulation 4.3)
Declaration of Maritime Labour Compliance Part I
Act on safety at sea
Order on Notice A from the Danish Maritime Authority, occupational health in ships
Act on safety investigations of marine accidents
• The Danish regulations on occupational health apply to all work carried out on board
ships and prescribe that the obligations rest with the shipowners, masters, foremen
and other persons carrying out work on board. The regulations implement EU
directives on the health and safety of employees during work, including pregnant
employees, employees who have just given birth or who are breast-feeding. The
regulations concern the planning and arrangement of the work, the performance of
the work, training and instructions, control of occupational health, general preventive
principles as well as occupational health effects (physical, biological and chemical
ones). In addition, there are special regulations on young persons' work on board
ships, including certain types of work that must not be carried out by young persons
below the age of 18.
• The planning and arrangement of the work presupposes that a workplace
assessment is made which must be available in writing to the extent that it is of
special importance to health and safety during work. The workplace assessment
must, inter alia, be made in consideration of the best possible prevention of
accidents or occupational injuries.
Occupational accidents and injuries
• The master of any ship must report occupational accidents and incidents of
poisoning that have occurred on board the ship if the accident or the poisoning has
lead to incapacity for work for one day or more in addition to the day of the incident
or if the injured person has not been able to carry out his or her usual work on board
for one day or more in addition to the day of the injury.
The safety organisation on board
• In merchant ships with a fixed manning of 4 or more persons, a safety organisation
must be established.
• The members of a safety group must have completed a course in occupational
health approved by the Danish Maritime Authority.
• The members of the safety organisation must strive to solve health- and safety-
related problems on board.
• The safety group must check that the working conditions and the work are arranged
and carried out in a manner that is appropriate in terms of health and safety.
Seahealth Denmark, etc.
• Seahealth Denmark has been established the task of which is to further both the
physical and mental health and safety of the employees, to prevent occupational
health injuries, including occupational accidents, occupational diseases and attrition
among those employed on Danish merchant ships and to support the safety
organisations of the ships. The tasks of Seahealth Denmark are, inter alia, to identify
and assess the occupational health problems of the merchant fleet in cooperation
with the shipping company and the safety organisation, to present proposals for
improving the conditions of health and safety on board merchant ships and to
contribute to the collection and revision of statistical material on the conditions of
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health and safety on merchant ships. Seahealth Denmark is headed by a board on
which shipowners and seafarers are equally represented.
Investigation of accidents
• Pursuant to the act on safety investigations of marine accidents, a Maritime
Accident Investigation Board has been established, which investigates very serious
accidents at sea. Other occupational accidents are investigated by the Danish
Maritime Authority.
Declaration of Maritime Labour Compliance Part II (DSA)
The shipowner will ensure the seafarers’ safety and health through a number of
precautions incorporated in the special procedures and working instructions forming part
of the shipowner’s Safety Management System. These procedures enable the Master to
maintain the ship in a safety- and health-wise secure condition, and ensure that the work
on board can be planned and carried out in a safety- and health-wise secure manner. The
procedures and the instructions enable those in charge of the work on board to ensure
that the employees are adequately protected against accidents and injurious conditions.
At the same time, it enables those in charge, through instruction and supervision , to
ensure that the work is carried out in a secure manner under due consideration for risks of
accidents and damage to health. Procedures and instructions ensure that the employees
on board contribute to making the measures, aimed at protecting them from accidents
and injurious influence, work according to plan. Procedures and instructions ensure that
everybody on board respect the safety measures taken on board with regard to the ship’s
seaworthiness and the safety of those on board.
Declaration of Maritime Labour Compliance Part II (ISF)
Health and safety and accident prevention policies and programmes, including risk
evaluation, are covered by the Safety Management System. This is subject to internal and
external audit and certification as required by the IMO ISM Code.
Occupational accidents are recorded within the SMS and the ship's official log, and
reported to the DPA.
In accordance with the SMS, a Permit to Work system is in operation.
In accordance with standing orders and the SMS, Personal Protective Equipment is
always provided and must be worn by crew members when required.
This ship has a Safety Committee in accordance with national regulation. Minutes can be
found with the on board SMS documentation. Issues identified, including any issues that
cannot be immediately resolved, are reported to the Master and the DPA.
Annexes
Risk Assessments
Work Permit System
Notification of Accident at Work Concerning Seafarers and Fishermen
Instructions to the Master (standing orders)
Instructions to the Master
The Master will take care that the work on board is planned and the duties performed in a
safety- and health-wise secure manner. The Master will take care that the safety work on
board is organized and that everybody on board has the possibility to be familiar with the
composition of the safety committee. The Master will see to it that members of the safety
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committee who have not completed the work environment course will soonest possible
receive on board training and be enrolled in a work environment course. The Master shall
report work-related injuries and cases of poisoning resulting in inability to work for one
day or more, beyond the day of the incident. As chairman of the safety committee the
Master will ensure that meetings in the safety committee are held regularly and at least
once every quarter, during which the safety- and health-related conditions on board are
discussed. The Master will see to it that minutes of meetings are taken and that a copy
hereof is made available to the crew and to the shipowner. The Master will find further
guidelines in the shipowner’s SMS, and in his daily handling of the safety work he can
moreover make use of the material prepared by e.g. Seahealth, adjusted to the duties
occurring on the ship.
Comments
Work environment and the handling hereof, including the organization of the safety work
is one of the areas where Danish shipowners/ships are already supposed to have taken
quite comprehensive measures, which to a great extent are incorporated in the
shipowners’ SMS. In the collection of data a few examples of this are copied. It is
assumed that all ships are capable of producing documentation for the organized safety
work, including minutes of meeting held in the safety committee, examples of written risk
assessments as well as work-related injuries, if applicable, and the follow up on these.
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12. On-board medical care (Regulation 4.1)
Declaration of Maritime Labour Compliance Part I
Act on seafarers' conditions of employment, etc., section 27 – order on seafarers'
right to care and order on a special health insurance scheme for seafarers
• All in all, the regulations ensure the seafarer free medical treatment, medicine, etc.
during the service on board and during stays in foreign ports. The special health
insurance scheme for seafarers includes treatment services corresponding to those
applicable in Denmark, but adjusted to the special conditions at sea. During the
service on board, the seafarer also has a possibility of receiving financial subsidies
from the State for certain types of acute dental treatments.
Order on Notice A from the Danish Maritime Authority, occupational health in ships,
chapter A IX B, investigations, medical treatment and ship's medicine
Medical treatment, etc.
• The regulations on medical treatment and ship's medicine apply to seafarers on
board all ships with the exception of ships engaged in voyages of no more than half
an hour's duration at sea and towboats and other ships navigating port areas.
Similarly, the regulations on occupational health apply to all commercial work carried
out on board new as well as existing Danish ships.
• The regulations ensure that, in consideration of a ship's trade area, a ship's
medicine chest is on board with the prescribed equipment, guidelines and medicine
and that the master and another seafarer has completed a medical examiner training
programme meeting, inter alia, the requirements of the STCW Convention hereon.
• The medical treatment on board must be arranged and carried out in accordance
with the instructions given in the medical book authorised by the Danish Maritime
Authority.
• Through Radio Medical Denmark, professional assistance for both Danish and
foreign ships free of charge is ensured 24 hours a day.
• The ship's medical records, containing information about examinations, ordination
from Radio Medical, treatment and the supply of medicaments, are confidential and
handed over to the seafarer when he or she signs off. A copy of the record must be
kept on board for a year, and subsequently the copy must be destroyed.
• Seahealth Denmark publishes information and training material about job
satisfaction, health prevention and accident prevention for seafarers.
Order on the health service on board ships
• A medical practitioner must be available on board if the number of persons on board
exceeds 100. However, this is conditional upon the ship being engaged in voyages
abroad of more than three days' duration.
Order on Notice B from the Danish Maritime Authority, technical regulation on the
construction and equipment, etc. of ships
Order on Notice D from the Danish Maritime Authority, technical regulation on the
construction and equipment, etc. of passenger ships engaged on domestic
voyages
• Requirements for the medical treatment on board are stipulated in chapter II-3 of
Notice B and Notice D, respectively.
• Notice B applies to new cargo ships with a length (L) of or above 15 metres or with
scantlings of or above 100 and to passenger ships engaged in international
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voyages.
• Notice D applies to all new passenger ships engaged in domestic voyages.
• The provision on medical treatment on board in Notice B is found in chapter II-3 and
describes the requirements for a separate sickness bay where one is required.
• However, instead of a sickness bay a treatment room can be established that must
be appropriately equipped, including a washbasin and an acute treatment place
when each member of the crew has his or her own cabin with associated toilet and
shower.
Exemptions and equivalents
• Any exemptions or equivalent solutions in relation to chapter II-3 must, however, be
documented on board so that it is possible to verify compliance with the regulations
during an inspection in a manner that is easy for the surveyor.
Declaration of Maritime Labour Compliance Part II (DSA)
The Master or the medical attendant appointed by him is in charge of medical treatment
on board pursuant to the guidelines issued by the DMA. The medical attendant is
authorized to give and request necessary assistance, including referrals to doctor and
dentist treatment ashore at no cost to the seafarer. All treatments and Medical Request
forms are entered into or kept within the control document of the medical chest.
Declaration of Maritime Labour Compliance Part II (ISF)
The rights of seafarers to free medical care and health protection are set out in the SEA,
copies of which are kept with the on board SMS documentation. Occasions when
seafarers require medical care on board or in port are recorded in the ship's official log
and reported to the DPA. Seafarers designated to provide medical care are qualified in
accordance with STCW standards, and are identified on the crew list. The ship's Medical
Chest is contained in the hospital accommodation. Records of flag state inspections of the
chest are kept with the on board SMS documentation. As required by national regulation,
the `International Medical Guide for Ships' and the `Medical First Aid Guide for Use in
Accidents Involving Dangerous Goods' are kept in the hospital accommodation.
Blank medical report forms, meeting flag state requirements, are kept in the hospital
accommodation, with completed report forms being kept by the Master to ensure
confidentiality.
Annexes
Manning Procedure
Instructions to the Master (standing orders)
User Instructions for the Contents of Ship’s Medicine Chest
Medical Report
Instructions to the Master
A seafarer falling ill shall advise the medical attendant on board, who will commence a
treatment according to the guidelines stated in the DMA’s Medical Book and draw up a
medical file. The medical attendant shall as far as possible have the sick seafarer
examined by a doctor ashore or commence treatment through consultation with doctors
under Radio Medical. The medical examination and the ensuing medication/treatment are
done at no cost to the seafarer. For the visit to the doctor the special Medical Report,
issued by the DMA, is to be used, which shall be treated confidentially after completion.
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The ship’s copy of the report shall be part of the medical file. The shipowner’s expenses
for doctor consultations and medicine can possibly be refunded via the special medical
insurance, administered by the DMA and financed by the shipowners, and it will equally
cover the shipowner’s expenses for hospitalization and possible repatriation of the
seafarer. On termination of treatment on board a special note is made in the seafarer’s
personal papers, saying that the confidential medical file shall be handed to the seafarer
on his signing off.
Comments
The comments for this point are considered as contained in the Instruction to the Master
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13. On-board complaint procedures (Regulation 5.1.5)
Declaration of Maritime Labour Compliance Part I
Order on complaints on board Danish ships
• The shipowner is responsible that a written procedure is drawn up for the treatment
of employee complaints. It must be stipulated in the complaint procedure that
complaints must be given to the seafarer's superior.
• The complaint procedure must ensure that the complaint is promoted without any
groundless delay to provide the employee with a reasonable possibility of bringing
the complaint further.
• The complaint procedure drawn up must contain protective measures against the
risk of personal persecution.
• The procedure must at all times entitle the plaintiff to be accompanied or
represented during the complaint procedure.
• All complaints and decisions related to the complaints must be recorded on board
and the plaintiff must receive a copy.
• All employees must, as an addition to their employment contracts, be furnished with
a copy of the procedures on complaints on board the ship.
• Moreover, reference is made to the order that must be available on board the ship
and can be found in an English version on the webpage of the Danish Maritime
Authority (www.dma.dk).
Declaration of Maritime Labour Compliance Part II (DSA)
The shipowner has established a complaints procedure applicable when a seafarer
wishes to lodge a formal complaint over the conditions that the seafarer encounters on
board or over the settlement of his wages. The procedure can form part of, but cannot
replace, the possibilities for complaint following from other legislation, collective
agreements and other agreements. The seafarer shall be advised, not later than on his
introduction to the ship, about the shipowner’s complaints procedure, which shall equally
be displayed at an easily accessible location on board, stating contact information to the
relevant authorities and persons on board, who can assist the seafarer with the complaint.
Declaration of Maritime Labour Compliance Part II (ISF)
In accordance with standing orders, all seafarers are provided with a copy of the on
board complaint procedures in the working language of the ship. A copy is available in the
officer and crew lounges and a copy is kept with the on board SMS documentation.
Annexes
Procedure for Handling Complaints on Board
Employee Information
Instructions to the Master (standing orders)
Instructions to the Master
The Master will take care that the complaints procedure is displayed at an easily
accessible location on board and that contact information to the relevant authorities and
persons is kept updated and correct. The other obligations of the Master regarding the
handling of complaints, including registration, appear from the complaints procedure.
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Comments
The requirement for an on board complaints procedure is one of the new additions
following from the MLC. In the collection of data a suggestion for a complaints procedure
has been copied, as well as a simple system for handling of complaints. In order to avoid
establishing a “complaints organization”, the procedure suggests that the existing safety
organization is used as far as identification of the person on board, who can be of
assistance to the complainant, is concerned.
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14. Payment of wages (Regulation 2.2)
Declaration of Maritime Labour Compliance Part I
Act on seafarers' conditions of employment, etc., sections 21-26, provisions on the
payment of wages to seafarers
Danish law does not regulate the amount of wages and allowances to be paid to a
seafarer and any adjustments hereof. Normally, this will be decided by collective
agreement between the two sides of industry or by an individual agreement
between the seafarer and the employer.
Seafarers' wages
• According to law, a seafarer is entitled to wages during the work, and it is earned on
an on-going basis though the amount of wages is normally fixed at an amount per
month.
• Wages normally mean basic wages and increments. To this can be added other
types of allowances for special service or for especially hard and burdensome work
or the like.
• Information about wages and allowances must be stated in the seafarer's
employment contract or through reference to a collective agreement.
• Wages run from the time agreed by the parties, however not later than from the time
when the seafarer starts serving on board or as otherwise stipulated in section 21 of
the act.
Payment of wages and monthly statement
• The seafarer's wages must be paid at intervals of no more than 1 month.
• The seafarer can require the wages earned paid in cash only when the ship is in port
and, while in the same country, not more frequently than every seventh day.
• Cash payment can be required in the local currency used in the port where the ship
is berthed and the exchange rate of the day must be used. The seafarer can also
choose to have the wages paid as a special authorisation of payment by the
shipping company.
• According to the law, the seafarer must receive a monthly account of the wages
earned including allowances, the wages paid and the rate of exchange used if the
payment is made in another currency than the one agreed upon.
Transfer of seafarers' wages
• According to the law, a seafarer can require his or her wages paid as monthly
allotments to a specific person. However, payment cannot be required according to
more than three parallel allotment notes. A seafarer can require all wages or parts
hereof transferred to one or more financial institutions in Denmark or abroad.
Prohibition against set-offs in wages
• Without the seafarer's consent, deductions can be made from wages only of
amounts for covering liability to pay compensation claims incurred during the
service, in addition to such amounts as the shipowner is ordered to withhold
pursuant to statutory provisions. Deductions must be made from wages paid to the
seafarer rather than from wages paid as allotments unless the seafarer decides
otherwise.
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Declaration of Maritime Labour Compliance Part II (DSA)
The seafarer shall receive a statement of earned, paid and outstanding wages in
connection with monthly accounts. Unless the statement is prepared on board it shall be
mailed to the seafarer or to the Master, who will then hand it to the seafarer.
Declaration of Maritime Labour Compliance Part II (ISF)
Wages are paid on a monthly basis and seafarers receive a monthly wage slip.
Documentation relating to payments, allotments and instructions from seafarers, as well
as currency conversion arrangements, are held by the Master or a designated officer.
Annexes
Procedure for Calculation and Payment of Wages
Manning Procedure
Employee Information
Instructions to the Master (standing orders)
Instructions to the Master
The Master shall to a suitable extent be familiar with and comply with the shipowner’s
procedure for calculation and payment of wages for seafarers on board.
The Master will see to it that the seafarer receives a monthly statement of earned, paid
and possible outstanding wages and takes care that possible questions to the statement
are answered.
Comments
As stated in the instruction to the Master he is expected, to a suitable extent, to be familiar
with and be able to account for the shipowner’s procedure for calculation and payment of
wages, which includes showing examples of monthly statements of wages, also as far as
seafarers employed through recruitment services are concerned. In the collection of data
an example of a procedure for calculation and payment of wages, prepared ashore, on
board or in a combination hereof, has been copied for inspiration.
47
V - Example of duly executed certificate and statement of compliance
MARITIME LABOUR CERTIFICATE
(Note: This Certificate shall have a Declaration of Maritime Labour Compliance attached)
Issued under the provisions of Article V and Title 5 of the
Maritime Labour Convention, 2006
(referred to below as "the Convention")
under the authority of the Government of:
The Kingdom of Denmark
by DANISH MARITIME AUTHORITY, Carl Jacobsens Vej 31, 2500 Valby , Denmark
Particulars of the ship
Name of ship No Name
Distinctive number or letters OXDK 2
Port of registry Hals
Date of registry 01-09-2013
1
Gross tonnage 5000
IMO number 1234567
Type of ship Bulk carrier
2
Name and address of the shipowner No Name Shipping A/S, Skibsgade 3, 9280 Storvorde,
Denmark
THIS IS TO CERTIFY:
1. That the ship has been inspected and verified to be in compliance with the requirements of the
Convention, and the provisions of the attached Declaration of Maritime Labour Compliance.
2. That the seafarers’ working and living conditions specified in Appendix A5-I of the Convention
were found to correspond to the abovementioned country’s national requirements implementing the
Convention. These national requirements are summarized in the Declaration of Maritime Labour
Compliance, Part I.
1
For ships covered by the tonnage measurement interim scheme adopted by the IMO, the gross tonnage is that
which is included in the REMARKS column of the International Tonnage Certificate (1969). See Article II(1)(c) of
the Convention.
2
Shipowner means the owner of the ship or another organization or person, such as the manager, agent or bareboat
charterer, who has assumed the responsibility for the operation of the ship from the owner and who, on assuming
such responsibility, has agreed to take over the duties and responsibilities imposed on shipowners in accordance
with this Convention, regardless of whether any other organizations or persons fulfil certain of the duties or
responsibilities on behalf of the shipowner. See Article II(1)(j) of the Convention.
The date formatting used on this certificate is: dd-mm-yyyy 1/3
This certificate is valid until 01-05-2018 subject to inspection in accordance
with standards A5.1.3 and A5.1.4 of the Convention
Completion date of the inspection on which this Certificate is based was 01-05-2013
Issued at København on 01-05-2013
Jette Lisbeth Bloch Arrias
(Signature of the duly authorized official issuing the (Seal or stamp of issuing authority, as appropriate)
interim certificate
Endorsements for mandatory intermediate inspection and, if required, any additional
inspection.
This is to certify that the ship was inspected in accordance with Standards A5.1.3 and A5.1.4 of
the Convention and that the seafarer’s working and living conditions specified in Appendix A5-I
of the Convention were found to correspond to the above mentioned country’s national
requirements implementing the Convention.
Intermediate inspection Signed:
(to be completed between the second and
third anniversary dates)
(Signature of authorized official)
Place:
Date:
(Seal or stamp of the authority, as appropriate)
The date formatting used on this certificate is: dd-mm-yyyy 2/3
Additional endorsements (if required)
This is to certify that the ship was the subject of an additional inspection for the purpose of
verifying that the ship continued to be in compliance with the national requirements
implementing the Convention, as required by Standard A3.1, paragraph 3 of the Convention (re-
registration or substantial alteration of accommodation) or for other reasons.
Additional inspection: Signed:
(if required)
(Signature of authorized official)
Place:
Date:
(Seal or stamp of the authority, as appropriate)
Additional inspection: Signed:
(if required)
(Signature of authorized official)
Place:
Date:
(Seal or stamp of the authority, as appropriate)
Additional inspection: Signed:
(if required)
(Signature of authorized official)
Place:
Date:
(Seal or stamp of the authority, as appropriate)
The date formatting used on this certificate is: dd-mm-yyyy 3/3
tANMARK
Maritime Labour Convention, 2006 D ENMARK
Declaration of Maritime Labour Compliance - Part I
(NoteS. This Declaration must be attached to the ship 's Maritime Labour Certificate)
Issued under the authority of
DANISH MARITIME AUTHORITY, Carl Jacobsens Vej 31, 2500 Valby, Denmark
With respect to the provisions of the Maritime Labour Convention,2006, the following referenced ship:
Name of ship -
IMO number
J Gross tonnage
No Name -T 1234567 -J 5000
is maintained in accordance with Standard A5.1.3 of the Convention.
The undersigned declares, on behalf of the abovementioned competent authority, that:
a) the provisions of the Maritime Labour Convention are fully embodied in the national requirements referred
to below;
b) these national requirements are contained in the national provisions referenced below; explanations
concerning the content of those provisions are provided where necessary;
c) the details of any substantial equivalencies under Article VI, paragraphs 3 and 4, are provided
in the section provided for this purpose below;
d) any exemptions granted by the competent authority in accordance with Title 3 and clearly indicated in the
section provided for this purpose below; and
e) any ship-type specific requirements under national legislations are also referenced under the requirements
concerned.
1. Minimum age (Regulation 1.1)
Act on seafarers' conditions of employment, etc., section 4, Minimum age provisions
• The minimum age required of seafarers working on Danish ships is the one stipulated in the MLC, i.e. 16
years. For the protection of seafarers between the age of 16 and 18 years, special regulations have been laid
down on hours of rest, night work, etc., that are mentioned below.
Act on the manning of ships, section 8, Ship's cooks
• Ship's cooks prescribed in the ship's minimum safe manning document must not be below the age of 18.
Order on seafarers' hours of rest
Regulations on prohibition against night work, etc. for young persons below the age of 18
A seafarer below the age of 18 must have at least a 12-hour period of rest during a 24-hour working day. A
seafarer below the age of 18 must not work during the period from 20.00 to 06.00 hours, and this period
determines the concept of a night. However, the master can require that seafarers below the age of 18 work
when it is necessary in consideration of the immediate safety of the ship, those on board or the cargo or to
assist other ships or persons in distress at sea.
The above gross tonnage has been determined in accordance with the International Convention on T ssnage Measurement of Ships, 1969.
2 The above gross tonnage has been determined by the authorities of the Administration in accordan cewith national tonnage rules which were in three
prior to the coming into force for existing ships of the Intemational Convention on Tonn sge Mea t1rement of Ships, 1969.
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• For watchkeeping seafarers below the age of 18, the 12-hour period of rest can be divided into a maximum
of two periods, one of which must have a duration of at least 8 hours and fall between 20.00 and 06.00 hours.
• However, the prohibition against night work does not apply if any other placement is necessary as part of a
vocational training programme, a maritime training programme approved by the Danish Maritime Authority
or similar training of at least 2 years' duration leading to professional qualification.
Notice A from the Danish Maritime Authority, chapter I, part B, Young people's work on board ships
• Seafarers below the age of 18 must not carry out work that is harmful to health. Chapter 1, part B, describes
work that is considered harmful to young seafarers' health. This includes, for example, work using certain
technical equipment.
• Young seafarers must not be exposed to noise or vibrations that may present a risk to their health. In
addition, work is prohibited in for example surroundings that, due to extremely high or extremely low
temperatures, may present a risk to the safety of young seafarers, just as young seafarers must not work with
or in any other way be exposed to the effects of harmful substances and materials.
• A seafarer below the age of 18 can, however, carry out certain types of risky work to the extent that it is
necessary to complete certain types of training. As regards work after the completion of the training
programme the same exemptions apply to the extent that they are necessary for the young person's
employment and on the condition that he or she is still below the age of 18.
2. Medical certification (Regulation 1.2)
Order on medical examinations of seafarers and fishermen
• In order to work on board a ship, seafarers must hold a valid health certificate documenting that the seafarer
has been found fit for ship service, if relevant with certain limitations, through the special medical
examination of seafarers.
• The form and contents of the certificate is determined by the Danish Maritime Authority and it is in both
Danish and English.
• In Denmark, medical examinations must be carried out only by maritime medical practitioners appointed by
the Danish Maritime Authority who have been assigned a special maritime medical practitioner's number.
An overview of maritime medical practitioners is available from the webpage of the Danish Maritime
Authority (www.dma.dk). Outside Denmark, the medical examination can be carried out by medical
practitioners approved in the relevant country to carry out national medical examinations of seafarers.
• The maritime medical practitioner uses the digital medical certificate prescribed by the Danish Maritime
Authority laying down, inter alia, the scope of the medical examination and whether the seafarer is fit for
lookout duty. If the examination is carried out outside Denmark, the English paper version of the medical
certificate is used with the associated guidelines containing information about when a seafarer's diseases and
defects result in unfitness for ship service, limitations in the period of validity, the work area on board or the
trade area. The medical certificate is available from the webpage of the Danish Maritime Authority
(www.dma.dk) and can be downloaded. Other medical certificates must not be used for medical
examinations outside Denmark unless otherwise provided by the Danish Maritime Authority's webpage
(www.dma.dk).
• The maritime medical practitioner issues or endorses the seafarer's health certificate as regards the result of
the medical examination and whether the examination of the seafarer's sight and hearing makes him or her fit
1 The above gross tonnage has been detmined in accordance with the International Con ntion on Tonnage Measurement of Ships, 1969.
2 The above gross tonnage has been determined by the authonties of the Administration in accordance with national tonnage rules which were in fbrce
prior to the coming into fotte for existtng tips of the International Convention on Tonnage Measurement of Ships, 1969.
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for lookout duty. In this connection, the maritime medical practitioner states his name and address and
stamps the certificate with the assigned maritime medical practitioner's number. In connection with medical
examinations outside Denmark, this is done by the master stating the examining medical practitioner's name
and address as well as the master's name and the ship's name. The Danish Maritime Authority can also issue
a health certificate to a seafarer or endorse it.
• For seafarers of 18 years of age or older, the medical examination and thus also the health certificate has a
validity of 2 years, calculated from the date of the examination, whereas the medical examination for
seafarers below the age of 18 has a validity of 1 year. However, the examining medical practitioner can limit
the medical examination and thus also the period of validity of the health certificate. If the period of validity
of the health certificate expires during a ship's voyage, the certificate remains valid until its first call at a port
where it is possible to cany out the examination without unnecessary delay, however no more than 3 months
from the date of expiry.
• When the seafarer signs on, he or she must hand over the health certificate to the master who must keep it for
as long as the seafarer serves on board.
• Complaints
The decision by the maritime medical practitioner or by the foreign medical practitioner that a seafarer is
unfit for ship service or fit with limitations and the subsequent endorsement of the health certificate can in
writing be brought before the special Danish Shipping Tribunal, which has inter alia maritime medical
knowledge. The Danish Shipping Tribunal is a Danish independent public authority. As regards complaints
about decisions about the importance of a seafarer's sight and hearing for the work on board, the Danish
Maritime Authority is the complaint authority.
3. Qualifications of seafarers (Reulation 1.3)
Act on the manning of ships and act on the maritime training programmes
Requirements for seafarers' qualifications are primarily regulated through the act on the manning of ships
and the act on the maritime training programmes. A number of regulations have been issued pursuant to the
two acts mentioned above, and those regulations fully consider the requirements of regulation 1.3. Denmark
ratified the STCW Convention in 1981. Thus, ship's officers holding both Danish and foreign certificates of
competency are certified in accordance with the STCW Convention, as amended. Similarly, other seafarers
must be instructed about personal safety in accordance with the STCW Convention before the service is
started on board.
4. Seafarers' employment agreements (Regulation 2.1)
Order on the shipowner's obligation to conclude a written contract with the seafarer about the conditions of
employment
• A written employment contract must be concluded between the seafarer and the shipowner or the employer
or the one who has assumed the responsibilities of the shipowner or the employer. The contract must be
concluded no later than at the start of the employment; and for ship -employed seafarers no later than at the
start of the service on board. The seafarer must have a chance of going through the employment contract and
seeking advice about its terms before signing it.
I The above gross tonnage has been determined in accordance with the International Convention on Tonnage Measurement of Ships, 1969.
2 The above gross tonnage has been determined by the authorities of the Administration in accordance with national tonnage rules which were In force
prior to the coming into force for existing ships of the International Convention on Tonnage Measurement of Ships, 1969-
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Contents of the employment contract
• The seafarer must receive a copy of the employment contract signed by the shipowner/employer or the one
who has assumed the responsibilities of the shipowner or the employer. There is no requirement for a special
form of the seafarer's employment contract.
• The employment contract must contain information about all conditions of importance to the employment as
they are stipulated in the order which is available in English from the webpage of the Danish Maritime
Authority (wwdrna.dk). When the seafarer or the employer terminates the employment, the date hereof as
well as how the employment has been terminated must be given in writing.
• As regards some of the information about the employment, the shipowner's information obligation is
considered met if the employment contract refers to acts, administrative provisions or collective agreements
pertaining to the relevant conditions.
• If a collective agreement constitutes the entire or parts of the seafarer's employment contract, the shipowner
must ensure that a copy of this collective agreement is available on board. As regards ships engaged on
international voyages, only the parts of or the collective agreements subject to port State control inspections
must be available in English.
A copy of the employment contract must be available on board
• The seafarer must bring along or, before the ship's departure, procure a copy of the employment agreement
for the master, who must keep it on board for as long as the employee serves on board. The seafarer's
signature must be evident from the copy when it is handed over on board. As regards ships engaged on
international voyages, an English copy of any standard form used must also be available on board.
Act on seafarers' conditions of employment, etc., section 74
• The master must ensure that a copy of the act and the provisions issued pursuant hereof is available on board
in Danish and English and is available to the seafarers.
Order on the reporting of the signing on and signing off of seafarers to the Danish Maritime Authority and on
discharge books
• A seafarer who is a Danish citizen must, when signing on, hold a Danish discharge book However, this s
the case only when he or she signs on in a position covered by the ship's mthimum safe manning document.
The master of the ship must in connection with the signing on and signing off of seafarers fill in and sign the
seafarer's Danish discharge book.
• As regards other Danish seafarers and foreign seafarers, the master must upon reque confirm the
employment by endorsing the relevant person's discharge book or in some other way, for example through a
special statement.
• A filled in discharge book or a written statement from the master s considered sufficient recording of the
seafarer's employment to meet the provision of Standard A2.1, paragraph le.
Act on seafarers' conditions of employment, etc., sections 5, 37, 47, etc., Pro'asions on notke of termination and
resignation/dismissal
Notice of termination
• Able-bodied seafarers must be given or give 7 days' notice unless otherwise agreed by contract or by
collective agreement. The seafarer can have a shorter notice than the shipowner, but not the other way
around.
• Ship's officers must in general be given or give 3 months' notice if the officer s engaged through an open-
ended contract. However, the shipowner's notice cannot be less than 1 month during the first year. If the
I The above gross tonnage has been determined in accordance with the International Convai (ion on Tonnage Meas me me ti of Shi, 1969.
2 The above gross tonnage has been determined by the authorities of the Administration inaccordance with national tonna rules whEh were in force
pnor to the coming into force for existing ships of the International Convention on Tonrig e Measurement of Ship 1969.
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officer is engaged on a time contract, the notice will typically be shorter and in general either 1 month or 7
days. Just as is the case for able-bodied seafarers, shorter notice cannot be agreed for the shipowner than for
the officer.
Resignation/dismissal (unilateral termination of the contract without notice before the expirv of the employment
period)
By the seafarer
The act contains a number of provisions entitling the seafarer to terminate the contract without notice
(resignation). For example in cases where the ship is unseaworthy, is to call at a port with a virulent epidemic
or no longer flies the Danish flag. In each individual case, certain conditions must be met that are described
in more detail in the individual provisions of the act. Thus, the regulation of Standard A.2. 1, paragraph 6, is
met.
• By the shipowner
Furthermore, the act contains provisions entitling the shipowner/master to terminate the seafarer's
employment without notice in case of, for example, incompetence, missing the ship, gross neglect by the
seafarer, repeated disobedience, violent behaviour or drunkenness on board, etc. Thus, the regulation in
Standard A.2.1, paragraph 6, is met.
• Special regulations apply to the master meeting the requirements of Standard A.2. 1, paragraph 6.
5. Use p fan V licensed or certi fled or re.ulated ivate recruitment and placement service te4lation 1.4)
Act on seafarers' conditions of employment, etc., sections 8a-8e, Provisions on the recruiting and placing of sea-
farers and order on the activities of private recruitment and placement services in Denmark
• Private recruitment and placement services for seafarers, the primary purpose of which is to recruit or place
seafarers or which recruit or place a considerable number of seafarers must be operated in Denmark only if
they are certified for this purpose by the Danish Maritime Authority.
• Shipowners using such Danish private recruitment and placement services must ensure that the relevant
services hold a valid certificate issued by the Danish Maritime Authority. The certificate is normally valid
for 5 years.
• Shipowners using private recruitment and placement services for seafarers in countries that have ratified the
MLC or ILO Convention no. 179 on the recruitment and placement of seafarers (1996) must ensure that the
relevant services hold a certificate or a licence documenting that they are operated in accordance with the
requirements of the relevant convention.
• If the relevant country does not issue such certificates or licences to private recruitment or placement
services, the shipowners must procure any other type of official confirmation that the relevant services are
operated in accordance with the requirements of one of the conventions mentioned above.
• Shipowners using private recruitment and placement services for seafarers in countries that have not ratified
the MLC or ILO Convention no. 179 must be able to document that the relevant services meet the
requirements for recruitment and placement services stipulated in the relevant conventions.
• The Danish Maritime Authority can approve a shipowner's use of a private recruitment and placement
service for seafarers in a country that has not ratified the MLC or ILO Convention no. 179. The approval is
granted for a limited period of time that is normally 5 years.
I The above gross tonnage has been determined in accordance with the International Convention on Tonnage Measurement of Ships, 1969.
2 The above gross tonnage has been determined by the authonties of the Administration in accordance with national tonnage rules which were in force
prior to the coming into force for existing ships of the International Convention on Tonnage Measurement of Ships, 1969.
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6. Hours of work or rest (Reulation 2.3)
The MLC and EU law make it possible to choose between regulating seafarers' hours of work or their hours of rest.
Denmark has chosen solely to regulate seafarers' hours of rest.
Order on seafarers' hours of rest
Hours of rest per 24 hours and per week
• The seafarer must have at least 10 hours of rest during a 24-hour working day, at least 6 hours of which must
be consecutive. The 10 hours must be divided into a maximum of two periods of rest, and there must be a
maximum of 14 hours between the periods of rest. Absence from work counts as rest only if it has a duration
of at least 1 hour. A seafarer's total hours of rest in a week must amount to at least 77 hours. All periods of
rest are included.
• A working day is a 24-hour period commencing the first time the seafarer starts to work during a calendar
day. A week is a consecutive period of 7 days. The Danish Maritime Authority can permit that the daily and
weekly hours of rest are calculated within the calendar day (00.00-24.00 hours). A copy of the permit must
be available on board.
Exemptions in case of recorded collective agreements
• Watchkeeping seafarers or seafarers working on ships engaged on short voyages (such as ferry crossings)
can be entitled to shorter periods of rest. However, this presupposes that a collective agreement has been
concluded providing compensation in the form of more spare-time, compensation time or the like. The
agreement must also take appropriate account of the seafarer's health and safety. The special collective
agreement must not be used until it has been recorded by the Danish Maritime Authority. The recorded
agreement must be available on board.
Exemptions in special cases
• Seafarers on call must have a compensating period of rest if the normal period of rest is interrupted due to
work and if such interruption without compensation of the employee means that the requirement for the rest
hours of the 24-hour working day cannot be met.
• Employees on call must have total hours of rest during the 24-hour working day of at least 10 hours. One of
the periods of rest must amount to at least 6 hours.
• Musters, fire and rescue drills and other prescribed drills must be carried out so that they interfere as little as
possible with the seafarers' periods of rest and do not lead to fatigue. The total hours of rest during a 24-hour
working day for a seafarer, irrespective of interruption, must be of at least 10 hours. . One of the periods of
rest must amount to at least 6 hours.
• Exemptions can be granted from the provisions on hours of rest in unforeseen emergencies, for example
when it is necessary for the immediate safety of the ship, those on board or the cargo or to assist other ships
or persons in distress at sea. The decision is made by the master and, as soon as it is practicable, he or she
must make sure that the seafarer has a sufficient period of rest.
Posters and recording of hours of rest
• In an easily accessible place on board a record must be posed with information about each function on
board and about the employees' periods of work at sea and in port, including watchkeeping periods for
watchkeeping employees The seafarer's periods of rest must be recorded on a special rest hour form on an
ongoing basis. The Danish Maritime Authority has issued forms of watchkeeping and rest hours in a
standardised format. The forms are available as annexes to the order on hours of rest. If a shipping company
I The above gross tonnage has been determrn k1 in accordance with the International Con 'ntion on Tonnage Measurement of Ships, 1969.
2 The above gross tonnage has been determined by the authorities of the Administration in accordance with national tonnage rules which were in force
prior to the coming into force for existing hip1of the International Convention on Tonnage Measurement of Ships, 1969.
Page 6 of 15
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wants another format this must be approved by the Danish Maritime Authority. The rest hour form must be
kept in duplicate.
• The master or a person authorised by him and the seafarer must sign the hours of rest form every month. At
suitable intervals and when the service on board terminates, the seafarer must receive a signed copy of the
rest hour form. The ship's copy must be kept on board for 6 months after the termination of the ship service.
• The Danish Maritime Authority can permit that seafarers' rest hour data are recorded and kept electronically
on board. A copy of the Danish Maritime Authority's approval must be available on board.
7. Manning levels for the ship (Regulation 2.7)
Act on the manning of ships
Minimum safe manning document
• The act on the manning of ships prescribes that, on all ships, there must be a master and in addition the crew
necessary in consideration of the safety of human lives at sea.
• Passenger ships, irrespective of size, cargo ships with a gross tonnage of or above 20 and cargo ships with a
gross tonnage below 20 engaged on international voyages must hold a certificate issued by the Danish
Maritime Authority containing the minimum safe manning. It is issued in consideration of IMO resolution
A.1047(27) on the manning of ships.
• The minimum safe manning is established for each individual ship in consideration of the ship's type,
arrangement, equipment, use and trade area so that the size and composition of the crew makes it possible to
carry out all tasks of importance to the safety of the ship and those on board, including:
• maintenance of a safe bridge and engine watch;
• operation and maintenance of life-saving appliances;
• operation and maintenance of damage control, fire-extinguishing and communication equipment;
• other maintenance and cleaning of a safety-related nature;
• mooring operations;
• food and health conditions.
In addition, the following must be taken into consideration when determining the minimum safe manning:
• the watchkeeping arrangements on board;
• shift work;
• the actual working hours of each individual crew member;
• the provisions on rest hours in force; and
• the use of general purpose crews.
Complaint
• During a period of 4 weeks from the issue of a minimum safe manning document, the shipping company or
the seafarer organisations have a possibility of bringing a minimum safe manning document before the
Danish Shipping Tribunal, which will take the final administrative decision on the composition of the crew.
8. Accommodation (Regulation 3.1)
Order on Notice B from the Danish Maritime Authority, technical regulation on the construction and equipment,
etc. of ships
1 The above gross tonnage has been determined in accordance with the International Convention on Tonnage Measurement of Ships, 1969.
2 The above gross tonnage has been determined by the authorities of the Administration in accordance with national tonnage rules which were in force
prior to the coming into force for existing ships of the International Convention on Tonnage Measurement of Ships, 1969.
Page 7 of 15
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j
Order on Notice D from the Danish Maritime Authority, technical regulation on the construction and equipment
etc. of passenger ships engaged in domestic voyages
• Accommodation
Requirements for accommodation spaces are stipulated by chapter 11-3 of Notice B and Notice ,
respectively. Notice B applies to new cargo ships with a length (L) of or above 15 metres or with scantlings
of or above 100 and to passenger ships engaged in international voyages. Notice D applies to all new
passenger ships engaged in domestic voyages.
The regulation contains provisions on the location, construction and arrangement of accommodation spaces,
including standing height, insulation of accommodation spaces and materials, corridors, staircases and doors,
exits, ventilation, air conditioning and heating as well as mosquito nets, lighting, the arrangement of cabins,
including provisions on berths, floor area, fittings, provisions on dining rooms, galleys and storerooms,
provisions on sanitary installations (toilets and bathrooms), special changing rooms, laundry facilities,
offices as well as cleaning and inspection, etc.
The requirements implementing this part, in which it is related to ship construction and equipment, apply
only to ships the keel of which is laid or which are at a similar stage of construction on or after 20 August
2013, when the MLC enters into force.
As regards ships constructed before this date, the requirements on ship construction and equipment stipulated
in ILO Convention no. 92 on the accommodation of ship's crews (revised) as well as ILO Convention no.
133 on the accommodation of ships crews (supplementary provisions) will continue to apply if they applied
before the relevant date according to law and practice. A ship must be considered to be constructed on the
date when the ship's keel is laid or when it is at a similar stage of construction.
• Both ILO 92 and ILO 133 are fully implemented in Danish law.
Thus, chapter 11-3 issued in connection with the implementation of the MLC on accommodation spaces fully
takes account of the requirements of the MLC, regulation 3.1.
Exemptions and equivalents
• Any exemptions or equivalent solutions in relation to chapter 11-3 must, however, be documented on board
so that it is possible to verify compliance with the regulations during an inspection in a manner that is easy
for the surveyor.
• No exemptions have been made in the Danish provisions. This is not possible within the framework of
regulation 3.1.
9. On-board recreational facilities (Regulation 3.1)
Order on Notice B from the Danish Maritime Authority, technical regulation on the construction and equipment,
etc. of ships
[Notice D from the Danish Maritime Authority, technical regulation on the construction and equipment, etc. of
passenger ships engaged in domestic voyages]
Recreationalfacilities
• Requirements for recreational facilities are regulated by chapter 11-3 of Notice B and Notice D,respectively.
Notice B applies to new cargo ships with a length (L) of or above 15 metres or with scantlings of or above
100 and to passenger ships engaged in international voyages. Notice D applies to all new passenger ships
engaged on domestic voyages.
I The above gross tonnage has been determined in accordance with the International Conention on Tonne M easurement Shi, 19 ®
2 The above gross tonnage has been determined by the authorities of the Administration inaccorda nec with national tonnage rul which were in frce
prior to the coming into force for existing ships of the International Convention on Tonrnge Meas urement of Ships, 1969.
Pa 8 of 15
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The regulation contains provisions on outdoor areas ecreational areas and recreational rooms.
The requfrements implementing this part, in which it is related to ship construction and equipment apply
only to ship S the keel of which is laid or which are at a similar stage of construction on or after 20 August
2013 when the ML C enters into force.
As regards ships constructed before this date, the requirements on ship construction and equipment stipulated
in ILO Conventions no. 92 no. 133 on the accommodation of ships crews on board will continue to apply if
they applied before the relevant date according to law and practice. A ship must be considered to be
constructed on the date when the ship's keel is laid or when it is at a similar stage of construction.
Both Conventions are fully implemented in Danish law.
Thus chapter 11-3 issued in connection with the implementation of the MLC on accommodation spaces fully
takes account of the requirements of regulation 3.1.
Exemptions and equivalents
Any exemptions or equivalent solutions in relation to chapter 11-3 must be document €tI on board so that it is
possible to verify compliance with the regulations during an inspection in a manner that is easy for the
surveyor.
10. Food and catering (Regulation 3.2)
Order on food in Danish ships
• The food must be composed in such a manner that account is taken of the necessary content of proteins, fat
and carbohydrates as well as of vitamins, minerals and salts. The food must be as varied as possible and
appear appetizing. The composition of the food must be adjusted to the climatic conditions. Fresh or deep-
frozen raw materials must be used insofar as possible.
• The food must be cooked and served under appropriate conditions of hygiene.
• Drinking water must be of sufficient quality and available in ample supplies in relation to the siZe of the crew
on board.
• The food must be distributed on three main meals and one or more snacks between meals.
• The food must be offered in such quantities that everyone on board can get enough to eat.
• The composition of the food must be adjusted to the seafarers' religious beliefs and cultural background.
• The food must be free of charge to the seafarer during the period of service. However, it can be agreed
between the parties that the right to free food can be met through the payment of compensating board-wages
when the seafarer does not sleep on board.
Order on the hygiene competences of seafarers handling articles of food on board ships
Persons signing on for a position on a Danish merchant ship involving this person's handling of articles of
food on board and not having a certificate of competency as a ship's cook must be able to document
competences within self-monitoring of procedures concerning the treatment of articles of food, including
critical items to be checked and monitoring procedures, general microbiology, including foodborne diseases,
and hygienic principles, including cleaning, personal hygiene and the handling and storage of articles of
food.
The competences can be acquired either as part of a training programme or through a certificate training pro-
gramme in food hygiene the contents of which is decided by the Danish Veterinary and Food Administration
The above gross tonnage has been determined in accordance with the International Convention on Tonnage Measurement of Ships, 1969.
The above gross tonnage has been determined by the authorities of the Administration in accordance with national tonnage rules which were in force
prior to the coming into force for existing ships of the International Convention on Tonnage Measurement of Ships, 1969.
Page 9 of 15
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where a certificate s acquired upon completion, or through training on board a ship of at least 7 days'
duration where, among other things, e-learning is used.
• The master is responsible for the persons handling articles of food on board having documentation of the
above-mentioned competences.
Act on the manning of ships and order on the qualification requirements of cooks not holding a Danish certificate
of competency as a ship's cook to serve as a ship's cook on board merchant ships registered in the Danish
International Ship Register
• A cook prescribed in the minimum safe manning document of a ship must hold a Danish certificate as a
ship's cook. Nobody younger than 18 years must serve as a ship's cook.
• In ships registered in the Danish International Ship Register no Danish certificate as a ship's cook is required.
Persons can serve in prescribed positions as ship's cooks if they can document apprenticeship in the cooking
profession of 48 months, hereof at least 24 months in seagoing ships, or satisfactory completion of a cook's
training programme with the relevant contents from a recognised training centre supplemented by service as
a cook on board a seagoing ship for at least 5 months. The documentation must be accompanied by an
endorsement by the Danish Maritime Authority confirming that the holder can serve as a prescribed cook.
• Persons who have acquired the right to work as a prescribed cook on board Danish ships in accordance with
regulations in force before the entry into force of the ILO Maritime Labour Convention retain this right.
Order on Notice B from the Danish Maritime Authority, technical regulation on the construction and equipment,
etc. of ships
Order on Notice D from the Danish Maritime Authority, technical regulation on the construction and equipment
etc. of ships engaged in domestic voyages
Keeping of stores, etc.
(Notice B, chapter 11-3, regulation 11.6) and (Notice D, chapter 11-3, regulation 11.6)
• Suitable and sufficient possibilities of storing provisions as well as refrigerating and freezing arrangements
must be available for easily perishable articles of food.
Drinking water
(Notice B, chapter II3, regulation 20.2) and (Notice D, chapter 11-3, regulation 17.2)
• It shall be ensured that the drinking water on board (which is used for human purposes) is of a satisfactory
quality suitable for the intended purpose. It shall be possible to prove this through regular analyses assessed
against international standards.
Cleaning and inspection
(Notice B, chapter 11-3, regulation 11.6) and (Notice D, chapter 11-3, regulation 11.6)
• Accommodation spaces (including the galley) must be kept clean and proper. Cleaning must take place on a
daily basis. The V must be used oni V for goods or stores belonging to the one(s) for whom the room is
intended.
• Accommodation spaces must be disinfected to the extent necessary following every contagious disease on
board.
• Accommodation spaces in which vermin are found must be cleaned and disinfected immediately.
• The master or the one whom he or she has entrusted with this task must, together with one or more crew
members, inspect all accommodation spaces at intervals of no more than one week.
• The result hereof must be entered in the ship's logbook if one is available or otherwise in the annexed file.
I The above gross tonnage has been determined In accordance with the International Convention on Tonnage Measurement of Ships, 1969.
2 The above gross tonnage has be n determined by the authorities of the Administration in accordance with national tonnage rules which were in force
prior to the coming into force for existing *iip of the In ernatjonaI Convention on Tonnage Measurement of Ships, 1969.
Page 10 of 15
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11. Health and safety and accident prevention (Regulation 4.3)
Act on safety at sea
Order on Notice A from the Danish Martme Authority, occupational health in ships
Act on safety investigations of marine accidents
• The Danish regulations on occupational health apply to all work carried out on board ships and prescribe that
the obligations rest with the shipowners, masters, foremen and other persons carrying out work on board.
The regulations implement EU directives on the health and safety of employees during work, including
pregnant employees, employees who have just given birth or who are breast-feeding. The regulations
concern the planning and arrangement of the work, the performance of the work, training and instructions,
control of occupational health, general preventive principles as well as occupational health effects (physical,
biological and chemical ones). In addition, there are special regulations on young persons' work on board
ships, including certain types of work that must not be carried out by young persons below the age of 18.
• The planning and arrangement of the work presupposes that a workplace assessment is made which must be
available in writing to the extent that it is of special importance to health and safety during work. The
workplace assessment must, inter alia, be made in consideration of the best possible prevention of accidents
or occupational injuries.
Occupational accidents and injuries
• The master of any ship must report occupational accidents and incidents of poisoning that have occurred on
board the ship if the accident or the poisoning has lead to incapacity for work for one day or more in addition
to the day of the incident or if the injured person has not been able to carry out his or her usual work on
board for one day or more in addition to the day of the injury.
The safety oranisation on board
• In merchant ships with a fixed manning of 4 or more persons, a safety organisation must be established.
• The members of a safety group must have completed a course in occupational health approved by the Danish
Maritime Authority.
• The members of the safety organisation must strive to solve health- and safety-related problems on board.
• The safety group must check that the working conditions and the work are arranged and carried out in a
manner that is appropriate in terms of health and safety.
Seahealth Denmark, etc.
• Seahealth Denmark has been established the task of which is to further both the physical and mental health
and safety of the employees, to prevent occupational health injuries, including occupational accidents,
occupational diseases and attrition among those employed on Danish merchant ships and to support the
safety organisations of the ships. The tasks of Seahealth Denmark are, inter alia, to identify and assess the
occupational health problems of the merchant fleet in cooperation with the shipping company and the safety
organisation, to present proposals for improving the conditions of health and safety on board merchant ships
and to contribute to the collection and revision of statistical material on the conditions of health and safety on
merchant ships. Seahealth Denmark is headed by a board on which shipowners and seafarers are equally
represented.
I The above gross tonnage has been deteniined in accordance with the International Convention on Tonnage Measurement of Ships, 1969.
2 The above gross tonnage has been determined by the authorities of the Administration in accordance with national tonnage rules which were in force
prior to the coming into force for existing ships of the international Convention on Tonnage Measurement of Ships, 1969.
Page ii of 15
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Investigation qf accidents
• Pursuant to the act on safety investigations of marine accidents, a Maritime Accident Investigation Board has
been established, which investigates very serious accidents at sea. Other occupational accidents are
investigated by the Danish Maritime Authority.
12. On-board medical care (Reu1ation 4.1)
Act on seafarers' conditions of employment, etc., section 27 -order on seafarers' right to care and order on a special
health insurance scheme for seafarers
• All in all, the regulations ensure the seafarer free medical treatment, medicine, etc. during the service on
board and during stays in foreign ports. The special health insurance scheme for seafarers includes treatment
services corresponding to those applicable in Denmark, but adjusted to the special conditions at sea. During
the service on board, the seafarer also has a possibility of receiving financial subsidies from the State for
certain types of acute dental treatments.
Order on Notice A from the Danish Maritime Authority, occupational health in ships, chapter A IX B, investi-
gations, medical treatment and ship's medicine
Medical treatment, etc.
• The regulations on medical treatment and ship's medicine apply to seafarers on board all ships with the
exception of ships engaged in voyages of no more than half an hour's duration at sea and towboats and other
ships navigating port areas. Similarly, the regulations on occupational health apply to all commercial work
carried out on board new as well as existing Danish ships.
• The regulations ensure that, in consideration of a ship's trade area, a ship's medicine chest is on board with
the prescribed equipment, guidelines and medicine and that the master and another seafarer has completed a
medical examiner training programme meeting, inter alia, the requirements of the STCW Convention hereon.
• The medical treatment on board must be arranged and carried out in accordance with the instructions given
in the medical book authorised by the Danish Maritime Authority.
• Through Radio Medical Denmark, professional assistance for both Danish and foreign ships free of charge is
ensured 24 hours a day.
• The ship's medical records, containing information about examinations, ordination from Radio Medical,
treatment and the supply of medicaments, are confidential and handed over to the seafarer when he or she
signs off. A copy of the record must be kept on board for a year, and subsequently the copy must be
destroyed.
• Seahealth Denmark publishes information and training material about job satisfaction, health prevention and
accident prevention for seafarers.
Order on the health service on board ships
• A medical practitioner must be available on board if the number of persons on board exceeds 100. However,
this is conditional upon the ship being engaged in voyages abroad of more than three days' duration.
Order on Notice B from the Danish Maritime Authority, technical regulation on the construction and equipment,
etc. of ships
Order on Notice D from the Danish Maritime Authority, technical regulation on the construction and equipment.
etc. of passenger ships engaged on domestic voyages
I The above gross tonnage has been determined in accordance with the International Convention on Tonnage Measurement of Ships, 1969 -
2 The above gross tonnage has been determined by the authontes of the Administration in accordance with national tonnage rules which were in force
pnor to the coming into force for existing ships of the International Convention on Tonnage Measurement of ShipS 1969.
Page 12 of 15
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• - Requirements for the medical treatment on board are stipulated in chapter 11-3 of Notice B and Notice D,
respectively.
• Notice B applies to new cargo ships with a length (L) of or above 15 metres or with scantlings of or above
100 and to passenger ships engaged in international voyages.
• Notice D applies to all new passenger ships engaged in domestic voyages.
• The provision on medical treatment on board in Notice B is found in chapter 11-3 and describes the
requirements for a separate sickness bay where one is required.
• However, instead of a sickness bay a treatment room can be established that must be appropriately equipped,
including a washbasin and an acute treatment place when each member of the crew has his or her own cabin
with associated toilet and shower.
Exemptions and equivalents
• Any exemptions or equivalent solutions in relation to chapter 11-3 must, however, be documented on board
so that it is possible to verify compliance with the regulations during an inspection in a manner that is easy
for the surveyor.
13. On-board complaint procedures (Regulation 5.1.5)
Order on complaints on board Danish ships
• The shipowner is responsible that a written procedure is drawn up for the treatment of employee complaints.
It must be stipulated in the complaint procedure that complaints must be given to the seafarer's superior.
• The complaint procedure must ensure that the complaint is promoted without any groundless delay to
provide the employee with a reasonable possibility of bringing the complaint further.
• The complaint procedure drawn up must contain protective measures against the risk of personal persecution.
• The procedure must at all times entitle the plaintiff to be accompanied or represented during the complaint
procedure.
• All complaints and decisions related to the complaints must be recorded on board and the plaintiff must
receive a copy.
• All employees must, as an addition to their employment contracts, be furnished with a copy of the
procedures on complaints on board the ship.
• Moreover, reference is made to the order that must be available on board the ship and can be found in an
English version on the webpage of the Danish Maritime Authority (www.dma.dk).
14. Payment of wages (Regulation 2.2)
Act on seafarers' conditions of employment, etc., sections 21-26, provisions on the payment of wages to seafarers
Danish law does not regulate the amount of wares and allowances to be paid to a seafarer and any adjustments
hereof Normally, this will be decided by collective agreement between the two sides of industry or by an individual
agreement between the seafarer and the employer.
Seafarers' wages
• According to law, a seafarer is entitled to wages during the work, and it is earned on an ongoing basis though
the amount of wages is normally fixed at an amount per month.
• Wages normally mean basic wages and increments. To this can be added other types of allowances for
special service or for especially hard and burdensome work or the like.
I The above gross tonnage has been determined in accordance with the International Convention on Tonnage Mea .irement of Ships, 1969.
2 The above gross tonnage has been determined by the authorities of the Administration in accordance with national tonna rubs which were in force
prior to the coming into force for existing ships of the International Con vqtjofl on Tonnage Measurement of s, l9.
Page 13 of 15
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th
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Information about wages and allowances must be stated in the seafarer's employment contract or through
reference to a collective agreement.
• Wages run from the time agreed by the parties, however not later than from the time when the seafarer starts
serving on board or as otherwise stipulated in section 21 of the act.
Payment of wares and monthly statement
• The seafarer's wages must be paid at intervals of no more than 1 month.
• The seafarer can require the wages earned paid in cash only when the ship is in port and, while in the same
country not more frequently than every seventh day.
• Cash payment can be required in the local currency used in the port where the ship is berthed and the
exchange rate of the day must be used. The seafarer can also choose to have the wages paid as a special
authori aton of payment by the shipping company.
• According to the law, the seafarer must receive a monthly account of the wages earned including allowances
the wages paid and the rate of exchange used if the payment is made in another currency than the one agreed
upon.
Transfer of seafarers' wages
• According to the law, a seafarer can require his or her wages paid as monthly allotments to a specific person.
However, payment cannot be required according to more than three parallel allotment notes. A seafarer can
require all wages or parts hereof transferred to one or more financial in stitutons in Denmark or abroad.
Prohibition against set-oils in wages
• Without the seafarer's consent, deductions can be made from wages only of amounts for covering liability to
pay compensation claims incurred during the service, in addition to such amounts as the shipowner is
ordered to withhold pursuant to statutory provisions. Deductions must be made from wages paid to the
seafarer rather than from wages paid as allotments unless the seafarer decides otherwise -
Name: Jette Lisbeth Bloch Arrias
Title: Ship Surveyor
DANISH MARItIME AUTHORITY Signature:
Place: København
Date: 25-04-2013
(Seal or stamp of the authority, as appropriate)
I The above gross tonnage has been determined in accordance with the International Convention on Tonnage Measurement of Ships, 1969.
2 The above gross tonnage has been determined by the authorities of the Administration in accordance with national tonnage rules which were in force
prior to the coming into force for existing ships of the International Convention on Tonnage Measurement of Ships, 1969.
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Substantial equivalencies
(Note. Strike out the statement which is not applicable)
The following substantial equivalencies, as provided under Article VI, paragraphs 3 and 4, of the Convention,
except where stated above are noted (insert description fapplicab1e):
No equivalency has been granted.
Name:
Title:
Signature:
Place:
Date:
(Seal or stamp of the authority, as appropriate)
Exemptions
(Note: Strike out the statement which is not applicable)
The following exemptions granted by the competent authority as in Title 3 of the Convention are noted:
No exemption has been granted.
Name:
Title
Signature:
Place:
Date:
(Seal or stamp of the authority, as appropriate)
I The above gross tonnage has been determined in accordance with the International Convention on Tonnage Measurement of Ships, 1969.
2 The above gross tonnage has been determined by the authorities of the Administration in accordance with national tonnage rules which were in force
prior to the coming Into force for existing ships of the International Convention on Tonnage Measurement of Ships, 1969.
Page 15 of 15
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Declaration of Maritime Labour Compliance – Part II
Measures adopted to ensure ongoing compliance between inspections
The following measures have been drawn up by the shipowner, named in the Maritime
Labour Certificate to which this Declaration is attached, to ensure ongoing compliance
between inspections:
(State below the measures drawn up to ensure compliance with each of the items in Part I)
Minimum age (Regulation 1.1)
The shipowner checks the seafarer’s age by means of official papers of
identification and will not employ anybody under the age of 16 for duty on
board. The Master takes care that seafarers under the age of 18 are not
made to carry out work assumed to be detrimental to the health of youths,
and that youths are not exposed to noise or vibrations that may be
1
detrimental to their health. The special rest hour regulations for seafarers
under the age of 18 must be observed. To the extent that educational
considerations for seafarers under the age of 18 call for their engagement in
risky but lawful duties, special precautions must be taken to take the
inherent risks into account.
Medical certification (Regulation 1.2)
The shipowner will check that the seafarer is in possession of a valid health
certificate at the commencement of service. The Master will take steps to
deal with possible limitations and ensure that the seafarer undergoes a new
2
medical examination as soon as the health certificate expires during service.
The Master will inform the shipowner in the event that the seafarer is not
capable of carrying out his duties.
Qualifications of seafarers (Regulation 1.3)
The shipowner will take care, at the commencement of service, that the
seafarer is in possession of the qualifications and certificate required by the
ship’s safe manning certificate and that their time of expiry is sufficiently far
advanced. Any questions concerning the validity of STCW certificates or
3
other qualifications are communicated to the shipowner. In accordance with
standing orders, personal safety familiarization and ship specific
familiarization are given to each seafarer upon joining the ship and before
commencing their duties.
Seafarers’ employment agreements (Regulation 2.1)
The shipowner will take care, before commencement of service, that a
4 written contract of employment fulfilling the requirements for contents has
been entered into, and that the contract of employment and the documents
and references therein referred to will be available on board, and that the
The date formatting used on this certificate is: dd-mm-yyyy 1/5
contract is supplemented by English translations of standard contracts and
terms used if that is deemed necessary. On signing off the seafarer, the
shipowner will certify the employment by completing his seaman’s book or,
on request, a certificate of service in cases where a seaman’s book is not
prescribed.
Use of any licensed or certified or regulated private recruitment and
placement service (Regulation 1.4)
The shipowner will take care that private recruitment and placement services
5
that he uses can verify that they operate in accordance with the
requirements for such activities as stipulated in international conventions.
Hours of work or rest (Regulation 2.3)
The shipowner will take care that the work hours are planned and the duties
performed in such a way that the seafarer will get adequate rest. The
shipowner will see to it that the seafarer’s rest hours are continuously
recorded and monitored and that necessary precautions are taken to
6 prevent violation of the rules concerning rest hours. The official schedule or
table of work/rest hours at sea and in port is posted on the noticeboard
outside the ship’s office. In the event that the schedule is suspended due to
emergencies this is recorded in the ship’s official log, with a comment
included in the seafarer’s work/rest hour record.
Manning levels for the ship (Regulation 2.7)
The shipowner will take care that the ship’s manning meets the
requirements of the ship’s safe manning certificate, quantitatively as well as
7
qualitatively. If the ship’s activity and the resulting work load should dictate it,
the shipowner will see to it that the ship’s manning is adjusted to the needs.
Accommodation (Regulation 3.1)
The ship, including its accommodation and day rooms, has been built
pursuant to the rules valid prior to 20 August 2013 and no changes to the
construction of the accommodation have been made since then. In
8 accordance with standing orders, regular inspections of the cleanliness and
general condition of the accommodation are made, and if any deviations are
noted they are entered in the ship’s log or planned maintenance system,
indicating also the remedial measures taken.
On-board recreational facilities (Regulation 3.1)
The shipowner will take care that regular inspection is made of the ship’s
recreational areas and equipment, which are considered an integral part of
the ship’s accommodation, cf. point 8. To the extent that welfare activities on
9 board and in port are not arranged by the ship’s club, it falls on the
shipowner to ensure that a minimum of recreational options are available for
the seafarers (viz. TV/film monitor, library, exercise equipment, slop chest,
postage and telecommunications etc.).
The date formatting used on this certificate is: dd-mm-yyyy 2/5
Food and catering (Regulation 3.2)
The shipowner will take care that the crew is offered good and adequate
food and that it is prepared and served under proper hygienic conditions
and is handled by persons having the prescribed competencies in food
hygiene. The shipowner will take care that the cook responsible for the
10
preparation of food is at least 18 years of age. The shipowner will take care
that provisions are stored under secure and hygienic conditions. The
shipowner will take care that drinking water on board is adequate,
qualitatively and quantitatively.
Health and safety and accident prevention (Regulation 4.3)
The shipowner will ensure the seafarers’ safety and health through a
number of precautions incorporated in the special procedures and working
instructions forming part of the shipowner’s Safety Management System.
These procedures enable the Master to maintain the ship in a safety- and
health-wise secure condition, and ensure that the work on board can be
planned and carried out in a safety- and health-wise secure manner. The
procedures and the instructions enable those in charge of the work on board
to ensure that the employees are adequately protected against accidents
11
and injurious conditions. At the same time, it enables those in charge,
through instruction and supervision , to ensure that the work is carried out in
a secure manner under due consideration for risks of accidents and damage
to health. Procedures and instructions ensure that the employees on board
contribute to making the measures, aimed at protecting them from accidents
and injurious influence, work according to plan. Procedures and instructions
ensure that everybody on board respect the safety measures taken on board
with regard to the ship’s seaworthiness and the safety of those on board.
On-board medical care (Regulation 4.1)
The Master or the medical attendant appointed by him is in charge of
medical treatment on board pursuant to the guidelines issued by the DMA.
The medical attendant is authorized to give and request necessary
12
assistance, including referrals to doctor and dentist treatment ashore at no
cost to the seafarer. All treatments and Medical Request forms are entered
into or kept within the control document of the medical chest.
On-board compliant procedures (Regulation 5.1.5)
The shipowner has established a complaints procedure applicable when a
seafarer wishes to lodge a formal complaint over the conditions that the
seafarer encounters on board or over the settlement of his wages. The
procedure can form part of, but cannot replace, the possibilities for complaint
following from other legislation, collective agreements and other
13
agreements. The seafarer shall be advised, not later than on his introduction
to the ship, about the shipowner’s complaints procedure, which shall equally
be displayed at an easily accessible location on board, stating contact
information to the relevant authorities and persons on board, who can assist
the seafarer with the complaint.
The date formatting used on this certificate is: dd-mm-yyyy 3/5
Payment of wages (Regulation 2.2)
The seafarer shall receive a statement of earned, paid and outstanding
wages in connection with monthly accounts. Unless the statement is
14
prepared on board it shall be mailed to the seafarer or to the Master, who
will then hand it to the seafarer.
The date formatting used on this certificate is: dd-mm-yyyy 4/5
I hereby certify that the above measures have been drawn up to ensure ongoing
compliance, between inspections, with the requirements listed in Part I.
Name of shipowner: 1
Company address:
Name of the authorized signatory:
Title:
Signature of the authorized signatory:
Date:
(Stamp or seal of the shipowner)1
The above measures have been reviewed by and, following inspection of the ship,
have been determined as meeting the purposes set out under Standard A5.1.3, paragraph
10(b), regarding measures to ensure initial and ongoing compliance with the requirements
set out in Part I of the Declaration.
Name:
Title:
Address:
Signature:
Place:
Date:
(Seal or stamp of the authority, as appropriate)
1
Shipowner means the owner of the ship or another organization or person, such as the manager, agent or bareboat charterer, who has
assumed the responsibility for the operation of the ship from the owner and who, on assuming such responsibility, has agreed to take
over the duties and responsibilities imposed on shipowners in accordance with this Convention, regardless of whether any other
organizations or persons fulfil certain of the duties or responsibilities on behalf of the shipowner. See Article II(1)(j) of the Convention.
The date formatting used on this certificate is: dd-mm-yyyy 5/5
MLC MANUAL – Index of the collection of data
Version 1 - March 2013
VI - Index of the Collection of Data
1. Minimum age
1.1 Manning Procedure
1.2 Instructions to the Master
1.3 Young people aged under 18 employed to work on board
2. Medical certification
1.1 Manning Procedure
1.2 Instructions to the Master
2.1 Health Certificate for Seafarers and Fishermen
2.2 Medical Certificate for Examination of Seafarers
2.3 Guidelines for Medical Practitioners on Medical Certificates
3. Qualifications of seafarers
1.1 Manning Procedure
1.2 Instructions to the Master
3.1 Qualification Matrix
3.2 Qualifications - Catering Staff
3.3 Procedure concerning introduction on board
3.4 Familiarization - Checklist
4. Seafarers’ employment agreements
1.1 Manning Procedure
1.2 Instructions to the Master
4.1 Collective Bargaining Agreements (CBA’s) referred to in the Employment Contracts
4.2 Explanatory extracts of Danish Standard Deep Sea CBA’s
4.3 Employee Information
4.4 Record of Employment
4.5 Agreement between seafarer and owner/master
5. Use of any licensed of certified or regulated private recruitment and placement
service
1.1 Manning Procedure
1.2 Instructions to the Master
5.1 Procedure for audits of Manning Agencies
6. Hours of work or rest
1.1 Manning Procedure
1.2 Instructions to the Master
6.1 Rest Periods
7. Manning levels for the ship
1.1 Manning Procedure
1.2 Instructions to the Master
7.1 Minimum Safe Manning Document
3.1 Qualification Matrix
MLC MANUAL – Index of the collection of data
Version 1 - March 2013
8. Accommodation
8.1 Procedure for Inspection of the Accommodation
8.2 Check list for monthly inspections of accommodation and recreational facilities and
check of food supplies
1.2 Instructions to the Master
9. On-board recreational facilities
8.1 Procedure for Inspection of the Accommodation
8.2 Check list for monthly inspections of accommodation and recreational facilities and
check of food supplies
1.2 Instructions to the Master
10. Food and catering
10.1 Food and Catering - Good and Sufficient Food
10.2 Food and Catering - Preparation under Proper Hygienic Conditions
10.3 Food and Catering - Drinking Water
10.4 Self Assessment - Weekly Report
1.1 Manning Procedure
3.2 Qualifications - Catering Staff
8.2 Check list for monthly inspections of accommodation and recreational facilities and
check of food supplies
1.2 Instructions to the Master
11. Health and safety and accident prevention
11.1 Risk Assessments
11.2 Work Permit System
11.3 Notification of Accident at Work Concerning Seafarers and Fishermen
1.2 Instructions to the Master
12. On-board medical care
1.1 Manning Procedure
1.2 Instructions to the Master
12.1 User Instructions for the Contents of Ship’s Medicine Chest
12.2 Medical Report
13. On-board complaint procedures
13.1 Procedure for Handling Complaints on Board
4.3 Employee Information
1.2 Instructions to the Master
14. Payment of wages
14.1 Procedure for Calculation and Payment of Wages
1.1 Manning Procedure
4.3 Employee Information
1.2 Instructions to the Master
MLC MANUAL – Sound Advice regarding the process of certification
Version 1 - March 2013
VII – Sound advice regarding the process of certification
How do I get started with the certification/survey?
Ships covered by certification must be issued with the following:
• Maritime Labour Certificate.
• Declaration of Maritime Labour Certificate, Part I (Document of Compliance issued by
the Danish Maritime Authority).
• Declaration of Maritime Labour Certificate, Part II (Documentation of Compliance
issued by the shipowner).
Ships that are to be certified:
Classed cargo ships Passenger ships engaged in
international trade as well as voluntary
certification
1. Contact the Danish Maritime Authority at Contact the Danish Maritime Authority at
cfs@dma.dk with an application for the cfs@dma.dk to arrange for the
issuance of a DMCL, Part I. certification.
Forward the following: Forward the following:
Application for the issuance of a DMLC, Draft DMLC, Part II.
Part I, indicating ship's particulars. Documentation of the ship’s exemptions
Documentation of the ship’s exemptions related to accommodation spaces and
related to accommodation spaces and recreational facilities, if any.
recreational facilities, if any. Documents referred to in the DMLC, Part
II.
Based on the above, the DMA can issue a Company procedures on the handling of
DMLC, Part I, and the following step be complaints on board.
initiated by the shipowner:
2. Contact the recognized organization for a
survey, DMLC Part II approval and MLC
certification.
As a minimum, the following should be
forwarded to the RO:
DMLC, Part I, issued by the DMA.
Draft DMLC, Part II.
Documents referred to in the DMLC, Part
II.
Company procedures on the handling of
complaints on board.
MLC MANUAL – Sound Advice regarding the process of certification
Version 1 - March 2013
Information on the date of registry of the
ship according to the Royal Danish
Certificate of Nationality.
If the documents mentioned below are of relevance to the ship concerned, they must also
be forwarded to the Danish Maritime Authority before the survey:
• Samples of the seafarers’ working and rest hour forms.
• Documentation if recruitment and placement services are used.
• Drawing of the accommodation in case of new-buildings or in case of major repairs
after the entry into force.
• Standard table of the arrangement of the work on board.
• If applicable and used by company standard format of Seafarers Employment
Agreement
When the above has been considered by either the Danish Maritime Authority or the
classification society, a ship surveyor will visit your ship to inspect whether the ship has
implemented the requirements of the Maritime Labour Convention 2006 on board.
If the ship surveyor finds that the ship meets the requirements of the Maritime Labour
Convention 2006, the certificate will be issued along with the DMLC, Part I and Part II.
MLC MANUAL – Traps – do’s and don’ts
Version 1 - March 2013
VIII – Traps – do’s and don’ts
Don´t refer to specific documents (SMS procedure 2.4.1) but refer more generically
(the company has established procedures).
Don’t refer to specific rules and regulations (Act of seafarers´ conditions of
employment article 2) but refer more generically (to comply with the obligations
referred to in DMLC part I).
Give thought to how evidence of compliance of each requirement may be provided,
but don’t reflect this in the DMLC Part II.
If written evidence of compliance with a specific requirement is deemed necessary,
this should be reflected in the procedures supporting the measures described in
DMLC part II.
MLC MANUAL – Questions and answers
Version 1 - March 2013
IX – Questions and answers
Questions Answers
Is it a requirement that the MLC certificate The certificate and the declarations shall be
and the declarations of compliance are easily available. A practical solution could be
framed and posted on-board. to frame a copy of the certificate and point out
where the officially posted declarations, also
available for the crew, can be found (for
instance on the bridge or in the mess room).
In the MLC manual numerous references are No, it is purely an example of how the master
made to “Instructions to the master (standing may be given a total overview of his
orders). Is such an instruction required. obligations laid down in the procedures
detailing the measures contained in DMLC
Del II. Obligations the master during
inspection are expected to have thorough
knowledge of.
Is it recommendable to use ISM/SMS If the handling of a specific requirement, such
procedures or should one establish a as prevention of work accident is already
separate MLC system. covered by the ISM/SMS, it would be obvious
to refer to this system, but one should
carefully consider to include non
safety/pollution related subject in its ISM.
Will inspections be performed as independent MLC inspections are basically independent,
MLC inspections or in combination with other but may to the extent feasible and if the
required (ISM) inspections. inspecting entity agrees be performed
simultaneously and combined with other
required inspections.
Must all required documentation be available No, in general there is no specific
on board in paper. requirements to the form of documentation,
which may be available only electronically.
How do I make changes to the DMLC Part II You can´t unless recertified.
after having obtained the MLC certificate.
MLC MANUAL – Useful links
Version 1 - March 2013
X – Useful links
ILO – The official ILO introduction to the MLC where you can find the text of the
convention, the various official ILO guidelines and handbooks to assist national authorities
on the implementation of the MLC.
www.ilo.org/global/standards/maritime-labour-convention/lang--en/index.htm
DMA – The Danish Maritime Authorities webpage containing MLC related information for
owners and seafarers, including the relevant Danish orders and regulations.
www.dma.dk
SHIPOWNERS – The Danish Shipowners’ Associations webpage containing the MLC
Manual and a knowledge sharing feature.
www.shipowners.dk
SEAHEALTH – The Danish maritime occupational health service.
www.seahealth.dk