1. The Maritime Labour Convention, 2006
(MLC, 2006)
The Republic of the Marshall Islands’ Approach
18 April 2012 | Bergen, Norway
Presented by: Elizabeth S. Bouchard
Deputy Commissioner of Maritime Affairs
Office of the Maritime Administrator, Republic of the Marshall Islands

2. REPUBLIC OF THE MARSHALL ISLANDS REGISTRY
 The Republic of the Marshall Islands
(RMI) Registry is the world’s third
largest ship registry, reaching nearly
81 million gross tons and more than
2,630 vessels at the end of March
2012
 Vessel types include oil tankers,
LNG/gas carriers, bulk carriers,
container ships, mobile offshore
drilling units, passenger vessels and
yachts, among others

3. OFFICER CERTIFICATES BY NATIONALITY
As of 31 March 2012

4. MLC, 2006 - IMPLEMENTATION
 Each Member State has the responsibility to fully implement the
Convention once ratified
 Ratification is an ongoing commitment to a Member State’s ships
and seafarers
 Responsibilities of the Member State for implementation are
significant
 Member State’s processes for implementation are different
 Implementation is normally multi-faceted

5. MLC, 2006 – IMPLEMENTATION
REPUBLIC OF THE MARSHALL ISLANDS EXAMPLE
 Ratification  RMI ratified 25 September 2007
 Gap Analysis of Laws  Propose Amendments to Laws  Nitijela
(Parliament)  Amended MI-107
 Gap Analysis of Regulations  Regulations Amended by Maritime
Administrator  Amended MI-108
 Draft and Promulgate Marine Notices (mandatory) and Marine
Guidelines (non-mandatory)

6. MLC, 2006 – IMPLEMENTATION
RMI REGULATION
AND GUIDANCE
Go to:
www.register-iri.com
> Maritime Services
> MLC, 2006

7. MLC, 2006 – IMPLEMENTATION
A Member State must:
 Establish an effective system for the inspection of maritime labour
conditions
 Put in place agreements with its Recognized Organizations
(RO)
 Institute a training program for its nautical inspectors
 Make certain National standards are understood and interpreted
properly by shipowners, ROs, nautical inspectors and port
State control
 Publish an annual report on inspection activities

8. MLC, 2006 –IMPLEMENTATION
A Member State also must:
 Establish an effective system for certification of maritime labour
conditions:
 DMLC, Part I: Issued by the registry (the flag State /
Member State)
 DMLC, Part II: Developed by the shipowner / operator
to show compliance with DMLC, Part I
 DMLC: DMLC, Part I and Part II together; must be
attached to the Maritime Labour Certificate for validity
 Maritime Labour Certificate: Issued by the RO on
behalf of the flag State; must be carried aboard the ship
to show compliance

9. MLC, 2006 VOLUNTARY CERTIFICATION AND
INSPECTION PROGRAM
 Issued 235 DMLC, Part I
 63 ships with Statements of
Compliance (SOCs); other
ships scheduled for inspections
 Continue to refine Marshall
Islands requirements
 Providing compliance
assistance; ROs and
owners/operators

10. MLC, 2006 – IMPLEMENTATION
RMI has implemented the MLC, 2006 to the greatest extent possible
without:
 The Convention coming into force
 Going through tripartite consultations

11. RMI TRIPARTITE ADVISORY COMMITTEE

12. MLC, 2006 VOLUNTARY CERTIFICATION AND
INSPECTION PROGRAM – HEALTH ISSUES
Q: How will a shipowner confirm that a medical practitioner has
been duly qualified by the competent authority (Std A1.2.4)?
A: Approval is to be granted by the competent authority of the Member
in which the practitioner is located.

13. MLC, 2006 VOLUNTARY CERTIFICATION AND
INSPECTION PROGRAM – HEALTH ISSUES (continued)
Q: What happens to all the existing engineers on board who are color
blind since they need to identify the color of various alarms (red,
yellow or green) (Std A1.2.6)?
A: There is no international requirement, therefore, if there is satisfactory
performance of assigned shipboard duties, then there should be no
question regarding fitness for duty.
 Color coding is not the only means for identification of alarms, valves,
controls, etc.
 See ILO / IMO Guidelines on the Medical Examination of Seafarers
(Appendix A)

14. MLC, 2006 VOLUNTARY CERTIFICATION AND
INSPECTION PROGRAM – HEALTH ISSUES (continued)
Q: How many berths are required in the hospital?
A: The number of hospital berths required are to be prescribed by the
Administrator or an organization authorized to act on its behalf
(See MN 7-044-1). However, the rule of thumb is:
 1 berth for each ship carrying a crew of 15 or more persons
and engaged in a voyage of more than 3 days
 1 additional berth for every 50 or fraction of 50 members of
crew or special personnel
 Not more than 6 berths

15. RMI POLICIES
Q: Will the new “ILO-IMO International Guidelines for Medical
Examination of Seafarers” lead to a change in the recognition
of medical certificates?
A: No. The Maritime Administrator currently recognizes medical
examiners approved by competent authorities of States that are party
to the MLC, 2006, Medical Examination (Seafarers) Convention
1946 (ILO No. 73), or an STCW White Listed country.

16. RMI POLICIES (continued)
Q: Will there be changes in approval and quality assurance
of medical examiners
A: No. The Maritime Administrator does not credential medical
examiners.

17. RMI POLICIES (continued)
Q: Are preventive occupational health services in the maritime industry
planned?
A: We cannot answer this on an industry-wide basis. At the national level, the
Maritime Administrator requires companies to address occupational health
and safety issues aboard their vessels. Some examples include:
 MI-108 §7.43.1: Seafarers must be provided with occupational health
protection and live, work and train on board vessels in a safe and hygienic
environment.
 MG-2-11-3: Guidelines in the Basic Elements of a Shipboard Health and
Safety Program
 MN 2-011-13: International Safety Management (ISM) Code
 MN-7-041-1: Entering Enclosed Spaces Aboard Ships - Safety Precautions
 MN 7-049-1: Hazardous Work and Consideration of Health and Safety Issues
for Seafarers Under the Age of 18

18. RMI POLICIES (continued)
Q: Will the flag State adopt MLC, 2006’s definition of a ship
owner?
A: Yes. The Maritime Administrator has already done so and it has
not presented any problems thus far. The key is to ask the
question, “Who is the entity with operational control?”

19. RMI POLICIES (continued)
Q: How will the term “seafarer” be defined (offshore, support
vessels, passenger vessels)?
A: The term is defined per MLC, 2006.
 Deviations from this definition shall be decided through tripartite
consultations, noting however, that MI-107,§ 820 requires all
seafarers to sign articles of agreement and that certain persons
who are not regularly assigned to perform shipboard safety and
pollution duties are not considered part of the ship’s crew
 See, for example, MI-108§§ 1.12.16 and 7.46.2(c)

20. RMI POLICIES (continued)
Q: Will you delegate certification and control to ROs?
A: Yes, we already do. Amending the RO Agreements to include
MLC, 2006 inspections was one of the first steps taken by the
Maritime Administrator in the implementation process.

21. RMI POLICIES (continued)
Q: Will the flag State give precise instructions on how to comply with
the 14 certification points, or will it be up to the shipowners to
come up with the proposals.
A: The Administrator has published:
 DMLC, Part I, which contains all requirements pertaining to the
14 certification points; and
 A total of 11 Marine Notices and Marine Guidelines that provide
information on how to comply
Each shipowner/company is different, and therefore, compliance must be
on an individual basis in a manner that conforms to a company’s own
policies and procedures.

22. RMI POLICIES (continued)
Q: Will the flag State accept that P&I coverage is sufficient for
compliance, recognizing P& I system limitations (Std. A 4.2)?
A: This situation is likely to change when the MLC, 2006 enters into
force. Once there is a product on the market for full coverage under the
MLC, 2006, the Administrator will recommend that it is acquired by
shipowners as a safeguard.
In the interval, MI-108 § 7.52.2 allows the Maritime Administrator to
require additional financial security (beyond that currently required for
repatriation and unemployment compensation). Shipowners
participating in the Voluntary Inspection and Compliance program are
reviewed on a case-by-case basis.

23. THANK YOU
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