Liberia Marine Notice MLC 005
Liberia Marine Notice MLC 005
SUBJECT: Health and safety protection, accident prevention, medical care, welfare and
social security protection of seafarers under the Maritime Labour
Convention (MLC), 2006
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Inquiries concerning the subject of this Notice should be directed to the Office of the Deputy Commissioner, Republic of
Liberia, the Liberian International Ship & Corporate Registry, 22980 Indian Creek Drive., Suite 200, Dulles, VA 20166,
USA. The most current version of all Marine Notices are available in the Online Library at: http://www.liscr.com
a. Added consultation with shipowners’ and seafarers’ organizations for
determining potentially hazardous work for young seafarers in paragraph
3.3.5;
b. Added new paragraphs 3.3.11, 3.3.12 and 3.3.13 regarding reporting and risk
evaluation in relation to occupational safety and health.
PURPOSE:
This notice sets forth the Administration’s requirements, to ensure that seafarers’ work
environment on board ships promotes occupational safety and health; to protect the health of
seafarers and ensure their prompt access to medical care on board ship and ashore; to ensure that
seafarer’s are protected from the financial consequences of sickness, injury or death occurring in
connection with their employment; to ensure that measures are taken with a view to providing
seafarers with access to social security protection; and to ensure that seafarer’s working on board
a ship have access to shore-based facilities and services to secure their health and well-being under
the Maritime Labour Convention (MLC), 2006.
1. APPLICABILITY:
This notice applies to all ships and seafarers serving on board these ships to which MLC,
2006 applies.
2. DEFINITIONS:
2.1 Contractual claim: Any claim which relates to death or long-term disability of
seafarers due to an occupational injury, illness or hazard as set out in national law,
the seafarers’ employment agreement or collective agreement.
3. REQUIREMENTS
These requirements are supplemental to DMLC-I, the Maritime Law (RLM-107), Maritime
Regulations (RLM-108) and Marine Notices contained in the Combined Publication Folder
(RLM-300).
3.1.1 Shipowners shall ensure that seafarers working on board their ships have
prompt access to the necessary medicine, medical equipment and facilities
for diagnosis and treatment, and to medical and occupational health
protection information and expertise, which is generally comparable to that
provided to workers ashore.
3.1.2 Shipowners shall ensure that seafarers are given the right to visit a qualified
medical doctor or dentist without delay in ports of call, where practicable.
3.1.3 Health protection and medical care, including essential dental care, shall be
provided free of charge to seafarers while the seafarer is on board ship or
landed in a foreign port.
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3.1.4 Shipowners shall adopt programs of a preventive character such as health
promotion and health education on board their ships.
3.1.5 Shipowners shall use the standard medical report form or forms provided for
in the Annex to the current edition of the WHO ‘International Medical Guide
for ships’, for use by the master and relevant medical personnel onshore and
on-board. The form, when completed and its contents shall be kept
confidential and shall only be used to facilitate the treatment of seafarers.
Other medical report forms may be accepted provided the necessary
information is included.
3.1.6 Every ship shall maintain a medical log for recording all medical treatment
on-board and onshore.
3.1.7 All ships shall carry a medicine chest and medical equipment that complies
with the requirements in the current edition of the WHO ‘International
Medical Guide for Ships and Quantification Addendum’, references (g) and
(h), and bearing in mind the number of persons on board and the nature and
duration of the voyage. The Administration will accept a medicine chest and
medical equipment that meets a similar national standard provided the
inventories are effectively equivalent to the WHO standards.
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shall be maintained on board for a period of two (2) years from
the date of the last entry.
3.1.8 The medicines & medical equipment shall be inspected at regular intervals,
not exceeding 12 months, by the designated medical officer on board or a
pharmacist, who shall ensure that the quantities, labelling, expiry dates and
conditions of storage of all medicines and directions for their use are checked
and all equipment functioning as required.
3.1.9 All ships carrying 100 or more persons and ordinarily engaged on
international voyages of more than 3 days duration shall carry a qualified
medical doctor.
3.1.10 On ships which do not carry a medical doctor, there shall be at least one
seafarer on board who is in charge of medical care and administering
medicine as part of their regular duties or at least one seafarer on board
competent to provide medical first aid; such persons shall have completed
the relevant training required by the STCW 1978, as amended.
3.1.11 All ships shall carry on board the current edition of the WHO publication
‘International Medical Guide for Ships and Quantification Addendum’ and
for those ships carrying dangerous cargoes, in addition shall carry the
‘Medical First Aid Guide’ for use in accidents involving dangerous cargoes.
3.1.12 Ships carrying dangerous goods not listed in the most recent edition of the
Medical First Aid Guide (MFAG), reference (i) for use in accidents
involving dangerous cargoes, shall carry ‘Material Safety Data Sheets’
available for these cargoes.
3.1.13 All ships shall carry a complete and up-to-date list of radio stations through
which medical advice can be obtained; and, if equipped with a system of
satellite communication, carry an up-to-date and complete list of coast earth
stations through which medical advice can be obtained.
Such publications shall include, but not be limited to: the current editions of
the ITU publication ‘List IV-List of coast stations and special service
stations’, reference (j); the ‘Admiralty List of Radio Signals Vol.1; and the
‘International Code of Signals’.
3.1.14 The seafarer’s responsible for medical care or first aid care should be
instructed in the use of the current editions of the International Medical
Guide, the medical section of the International Code of Signals and the
radio/satellite communication system.
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3.1.15.1 Expired non-controlled medicines and medical supplies should
be:
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3.2 Shipowners’ liability
3.2.1 Shipowners shall be liable to bear the costs for seafarers working on their
ships in respect of:
b) Sickness and injury while off the ship pursuant to an actual mission
assigned to the seafarer, by the master or by the authority of the master.
Where the sickness or injury results in incapacity for work the shipowner
shall be liable:
However, this does not prohibit the seafarer’s employment agreement or any
applicable collective agreement from limiting the shipowners’ liability to
more favorable terms and conditions for the seafarers, than those
provided for above.
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contractual amount.
3.2.2.7 The financial security shall not cease before the end of the period of
validity of the financial security unless the financial security
provider has given prior notification of at least 30 days to the
Administration.
3.2.2.8 The financial security shall provide for the payment of all
contractual claims covered by it which arise during the period for
which the document is valid.
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security is to be cancelled or terminated.
3.2.3.3 Parties to the payment of a contractual claim may use the Model
Receipt and Release Form set out in the Annex I.
3.2.4 Shipowners shall be liable to defray the expense of medical care, including
medical treatment and the supply of necessary medicines and therapeutic
appliances, and board and lodging away from home until the sick or injured
seafarer has recovered, or until there is a declaration of permanent
incapacity.
Liberian regulations limit the liability of the shipowner to defray the expense
of medical care and board and lodging to a period which shall not be less
than 16 weeks, from the day of the injury or the commencement of the
sickness.
However, this does not prohibit the seafarers’ employment agreement or any
applicable collective agreement from limiting the shipowners’ liability to
more favorable conditions for the seafarers than those provided for above.
3.2.5 Shipowners shall be liable to pay the cost of burial expenses in the case of
death occurring on board or in the case of death occurring ashore, if at the
time the seafarer was entitled to medical care and maintenance.
3.2.6 Liberian regulations exclude the shipowner from liability in the following
circumstances:
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e) if at the time of engagement, the seafarer refused to be medically
examined; or
f) if death was caused directly by war or an act of war, declared or
undeclared. But this clause shall not apply if at the time of the act the
vessel had entered a known zone of international hostility for the
purpose of trade.
3.2.7 Shipowners are exempted from the liability to defray the expense of medical
care and board and lodging and burial expenses in so far as such liability is
assumed by the public authorities.
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which may include audiovisual material, display of posters, articles and
periodicals;
d) periodic safety inspections at least once every three (3) months or more
frequently if there have been substantial changes in the conditions of
work;
e) reporting and correcting hazardous conditions and unsafe practices;
f) investigation and reporting of on-board occupational accidents and
injuries while ensuring the protection of seafarers’ personal data;
g) prevention of occupational accidents, injuries and diseases on board
ship, and for continuous improvement in occupational safety and health
protection, involving seafarers’ representatives and all other persons
concerned in their implementation, taking account of preventive
measures, including engineering and design control, substitution of
processes and procedures and procedures for collective and individual
tasks, and the use of personal protective equipment;
h) fire-prevention and fire-fighting;
i) handling anchors, chains and mooring lines;
j) the effects of drugs and alcohol abuse and dependency;
k) responding to accidents and emergencies;
l) loading & unloading equipment;
m) working on deck, below deck and in machinery spaces;
n) work involving electrical equipment, working at heights/overside & in
enclosed spaces;
o) safe access to ship;
p) safe movement about the ship;
q) dangerous cargo & ballast;
r) HIV/AIDS protection and prevention;
s) harassment and bullying; and
t) potentially hazardous work for young seafarers under the age of 18 years
undertaken only under appropriate supervision and instruction.
3.3.4 Additionally, the shipowner should ensure that the implications for health
and safety are taken into account, particularly in the following areas:
3.3.5 The Administration has determined after consultation with the shipowners’
and seafarers’ organizations, the following types of work involving the
activities below are potentially hazardous and likely to jeopardize the health
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and safety of young seafarers under the age of 18 years. When assigning
potentially hazardous work to young seafarers under the age of 18 years, the
shipowner should consider, in particular, work involving the activities
below, but not limited to;
3.3.6 Each ship with five or more seafarers shall establish a safety and health
committee.
3.3.7 Safety and health committee meetings shall be held at least once every
month.
3.3.8 Record keeping documenting the effectiveness of the health & safety
programme for as long as necessary in light of their intended use.
3.3.9 Shipowners shall ensure that the issues raised by the safety committee and
safety inspections are addressed in a timely manner.
3.3.10 The occupational health and safety programme in 3.3.3 above shall also
specify:
a) The duties & responsibilities of the ship owner to comply with the safety
and health policy and programme;
b) The duties & responsibilities of the master to comply with the safety
and health policy and programme;
c) The duties & responsibilities of the master or a person designated by the
master, or both, to take specific responsibility for the implementation of
and compliance with the ship’s occupational safety and health policy
and programme;
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d) The duties & responsibilities of the seafarers to comply with the safety
and health policy and programme; and
e) The authority of the appointed or elected safety representative to
participate in meetings of the safety & health committee, to have access
to all parts of the ship, to participate in investigation of accidents,
incidents and near-misses, to have access to all necessary
documentation, including investigation reports, past reports of safety &
health committee meetings.
3.3.11 In accordance with Liberian Maritime Regulations RLM-108, shipowners
shall report occupational accidents, injuries and diseases, taking into account
the requirements in chapter 9 of Liberian Maritime Regulations RLM-108.
3.3.13 The standards for occupational safety and health protection and accident
prevention on Liberian registered ships are reviewed regularly by the
Administration in consultation with the representatives of the shipowners’
and seafarers’ organizations to facilitate continuous improvement in
occupational safety and health policies and programmes and to provide a safe
occupational environment for seafarers on ships that fly its flag.
Seafarers shall be granted shore leave, taking due account of the operational
requirements of their positions, to access shore-based welfare facilities.
3.5.1 Countries and territories that are party to MLC, 2006, will ensure the
implementation of the convention requirements relating to social security
protection for seafarers that are nationals or are resident or are otherwise
domiciled in its territory. MLC Regulation 4.5 requires that social security
protection include at least three of the following branches: medical care,
sickness benefit, unemployment benefit, old-age benefit, employment injury
benefit, family benefit, maternity benefit, invalidity benefit and survivors’
benefit, complementing the protection provided for under MLC Regulation
4.1, on Medical care on board ship and ashore and Regulation 4.2, on
shipowners’ liability and under other titles of this Convention.
3.5.2 Shipowners that employ seafarers on board theirs ships that are from a
country or territory that is not a party to MLC, 2006, must ensure the
seafarers are provided with the health and social security protection benefits
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required under MLC Regulation 4.5, as noted in 3.5.1 above, during the
period of employment with the shipowner.
* * * * *
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ANNEX I
The certificate or other documentary evidence of financial security required under subparagraph
3.2.2.7 shall include the following information:
Shipowner: …………………………………………………………………..…………...…….….
I, [Seafarer] [Seafarer’s legal heir and/or dependant]* hereby acknowledge receipt of the sum of
[currency and amount] in satisfaction of the Shipowner’s obligation to pay contractual
compensation for personal injury and/or death under the terms and conditions of [my] [the
Seafarer’s]* employment and I hereby release the Shipowner from their obligations under the
said terms and conditions.
The payment is made without admission of liability of any claims and is accepted without
prejudice to [my] [the Seafarer’s legal heir and/or dependant’s]* right to pursue any claim at law
in respect of negligence, tort, breach of statutory duty or any other legal redress available and
arising out of the above incident.
Dated: ……………………………………………………………………….………………….…
Signed: …………………..……