02_POEA Casco - MLC-OSHC [Compatibility Mode]

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POEA-OSHC

Transcript of 02_POEA Casco - MLC-OSHC [Compatibility Mode]

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�Highly significant to the Philippines as a flag state and major supplier of seafarers worldwide

�Sets international labor standards for

MARITIME LABOUR CONVENTIONMARITIME LABOUR CONVENTION

�Sets international labor standards for better protection of seafarers

�Provides a socio-economic floor to fair and just competition in the maritime sector

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�referred to as the “Bill ofRights of Seafarers”, it setsout seafarers’ rights to decent

MARITIME LABOUR CONVENTIONMARITIME LABOUR CONVENTION

out seafarers’ rights to decentconditions of work and helps tocreate conditions of faircompetition for shipowners.

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MARITIME LABOUR CONVENTIONMARITIME LABOUR CONVENTION

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�A single coherent instrument consolidating 36ILO Maritime Conventions

�Embodies all up-to-date standards of existing

MARITIME LABOUR CONVENTIONMARITIME LABOUR CONVENTION

�Embodies all up-to-date standards of existinginternational maritime Conventions andRecommendations

� Is intended to be globally applicable, easilyunderstandable, readily updatable anduniformly enforced.

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Includes requirement for seafarers’ protection which are not in the IMO Conventions and instruments such

as:

MARITIME LABOUR CONVENTIONMARITIME LABOUR CONVENTION

as:

�Employment agreement

�Wages

�Access to medical care

�Social security

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�17 Oct. 2011 – MITC Resolution No. 03, S- 2011

�19 Jan. 2012 – DOLE Sec. Rosalinda D. Baldoz signed the Certificate of Concurrence and submitted the same

MARITIME LABOUR CONVENTIONMARITIME LABOUR CONVENTION

Baldoz signed the Certificate of Concurrence and submitted the same to the DFA

�28 May 2012- Pres. Aquino ratified and confirmed the MLC 2006

�August 2012 – Senate concurred its ratification

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Ratification 20 August 2012

Entry into Force

20 August 2013

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Country Date

1 Liberia 7-Jun-06

2 Marshall Islands 25-Sep-07

3 Bahamas 11-Feb-08

4 Panama 6-Feb-09

5 Norway 10-Feb-09

6Bosnia &

Herzegovina18-Jan-10

7 Spain 4-Feb-10

17 Antigua and Barbuda 11-Aug-11

18 Latvia 12-Aug-11

19 Luxembourg 20-Sep-11

20 Kiribati 24-Oct-11

21 Netherlands 13-Dec-11

22 Australia 21-Dec-11

23 Tuvalu 16-Feb-12

24 St. Kitts and Nevis 21-Feb-12

List of Country RatificationsList of Country Ratifications

7 Spain 4-Feb-10

8 Croatia 12-Feb-10

9 Bulgaria 12-Apr-10

10 Canada 15-Jun-10

11St.Vincent & the

Grenadines9-Nov-10

12 Switzerland 21-Feb-11

13 Gabon 12-May-11

14 Benin 13-Jun-11

15 Singapore 15-Jun-11

16 Denmark 23-Jun-11

24 St. Kitts and Nevis 21-Feb-12

25 Togo 14-Mar-12

26 Poland 3-May-12

27 Palau 29-May-12

28 Sweden 12-Jun-12

29 Cyprus 20-Jul-12

30 Philippines 20-Aug-1231 Russian Federation 20-Aug-12

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Philippines ratification marks global milestone for decent work

for seafarers.The Philippines is the 30th

Member to have its ratification registered and join the group of the “first 30” ILO countries to

20 August 2012

the “first 30” ILO countries to demonstrate their commitment

to ensuring decent work for seafarer and a level playing field

for quality shipowners.

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1.1. Minimum requirements for seafarers to Minimum requirements for seafarers to work on a shipwork on a ship

� Reg. 1.1 – Minimum Requirements for Seafarers

MLC 2006 TitlesMLC 2006 Titles

� Reg. 1.1 – Minimum Requirements for Seafarers to work on a ship

� Reg. 1.2 – Medical Certificate� Reg. 1.3 – Training & Qualifications� Reg. 1.4 – Recruitment & Placement

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2. Conditions of employment2. Conditions of employment

Reg. 2.1 – Seafarers’ employment agreementsReg. 2.2 – WagesReg. 2.3 – Hours of work & hours of restReg. 2.4 – Entitlement to leave

MLC 2006 TitlesMLC 2006 Titles

Reg. 2.4 – Entitlement to leaveReg. 2.5 – RepatriationReg. 2.6 – Seafarer Compensation for ship’s loss or

founderingReg. 2.7 – Manning LevelsReg. 2.8 – Career & skill development & opportunities

for seafarer’s employment

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3. Accommodation, Recreational Facilities, 3. Accommodation, Recreational Facilities, Food and CateringFood and Catering

Reg. 3.1 – Accommodation & Recreational Facilities

MLC 2006 TitlesMLC 2006 Titles

Reg. 3.1 – Accommodation & Recreational FacilitiesReg. 3.2 – Food and catering

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4. Health Protection, Medical Care, 4. Health Protection, Medical Care, Welfare and Social Security ProtectionWelfare and Social Security Protection

Reg. 4.1 – Medical Care on board ship and ashoreReg. 4.2 – Shipowner’s liability

MLC 2006 TitlesMLC 2006 Titles

Reg. 4.2 – Shipowner’s liabilityReg. 4.3 – Health & Safety protection & accident

preventionReg. 4.4 – Access to shore-based welfare facilitiesReg. 4.5 – Social Security

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5. Compliance and enforcement5. Compliance and enforcement

Reg. 5.1 – Flag state responsibilitiesReg. 5.2 – Port state responsibilities

MLC 2006 TitlesMLC 2006 Titles

Reg. 5.2 – Port state responsibilitiesReg. 2.3 – Labour-supplying responsibilities

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Standard A3.1 Standard A3.1 -- Accommodation and Accommodation and recreational facilitiesrecreational facilities

(a) the size of rooms and other accommodation spaces;

(b) heating and ventilation;

(c) noise and vibration and other (c) noise and vibration and other ambient factors;

(d) sanitary facilities;

(e) lighting; and

(f) hospital accommodation.

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(b) ensure that seafarers are given health protection and medical care as comparable as possible to that which is generally available to

Standard A4.1 Standard A4.1 -- Medical care on board Medical care on board ship and ashoreship and ashore

which is generally available to workers ashore, including prompt access to the necessary medicines, medical equipment and facilities for diagnosis and treatment and to medical information and expertise;

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Standard A4.1 Standard A4.1 -- Medical care on board Medical care on board ship and ashoreship and ashore

1. Each Member shall ensure that measures providing for health protection and medical care, including essential dental care, for seafarers working on board a ship that flies its flag are adopted which:flag are adopted which:

(a) ensure the application to seafarers of any general provisions on occupational health protection and medical care relevant to their duties, as well as of special provisions specific to work on board ship;

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(c) give seafarers the right to visit a qualified medical doctor or dentist without delay in ports of call, where practicable;

(d) ensure that, to the extent consistent

Standard A4.1 Standard A4.1 -- Medical care on board Medical care on board ship and ashoreship and ashore

(d) ensure that, to the extent consistent with the Member's national law and practice, medical care and health protection services while a seafarer is on board ship or landed in a foreign port are provided free of charge to seafarers; and

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(e) are not limited to treatment of sick or injured seafarers but include measures of a preventive character such as health promotion and health

Standard A4.1 Standard A4.1 -- Medical care on board Medical care on board ship and ashoreship and ashore

such as health promotion and health education programmes.

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The competent authority shall adopt a standard medical report form for use by the ships' masters and relevant onshore and on-board

Standard A4.1 Standard A4.1 -- Medical care on board Medical care on board ship and ashoreship and ashore

and relevant onshore and on-board medical personnel. The form, when completed, and its contents shall be kept confidential and shall only be used to facilitate the treatment of seafarers.

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The Maritime OSH should also include a provision to comply with the following MLC requirement:

(c) ships which do not carry a medical doctor shall be required to have either at least one seafarer on board who is in charge of medical

Standard A4.1 Standard A4.1 -- Medical care on board Medical care on board ship and ashoreship and ashore

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; persons in charge of medical care on board who are not medical doctors shall have

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have satisfactorily completed training in medical care that meets the requirements of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended ( STCW ); seafarers designated to provide medical first

Standard A4.1 - Medical care on board ship and ashore

Seafarers, 1978, as amended ( STCW ); seafarers designated to provide medical first aid shall have satisfactorily completed training in medical first aid that meets the requirements of STCW; national laws or regulations shall specify the level of approved training required taking into account, inter alia, such factors as the duration, nature and conditions of the voyage and the number of seafarers on board;

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Regulation 3.1 Regulation 3.1 –– Accommodation & Recreational Accommodation & Recreational FacilitiesFacilities

OSH Standards to be developed by OSHC to adopt laws and regulations requiring that ships that fly the Philippine flag:

Philippine measures to address gapsPhilippine measures to address gaps

Philippine flag:

(a) meet minimum standards to ensure that any accommodation for seafarers, working or living on board, or both, is safe, decent and in accordance with the relevant provisions of this Standard; and

(b) are inspected to ensure initial and ongoing compliance with those standards.

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The BWC and OSHC should conductan orientation / training for theRecognized Organizations (ROs) or

Philippine measures to address gapsPhilippine measures to address gaps

Recognized Organizations (ROs) orPOLOs to ensure theimplementation of the requiredstandards for accommodation,recreational facilities, food andcatering.

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Regulation 4.1 Regulation 4.1 –– Medical Care on board and Medical Care on board and ashoreashore

The Maritime OSH should include a provision

Philippine measures to address gapsPhilippine measures to address gaps

The Maritime OSH should include a provision that medical care and health protection should not be limited to treatment of the sick or injured seafarers. It should also include health promotion & health education programs.

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Regulation 4.1 Regulation 4.1 –– Medical Care on board and Medical Care on board and ashoreashore

The Maritime OSH should include adopting

Philippine measures to address gapsPhilippine measures to address gaps

The Maritime OSH should include adoptinglaws and regulations in the establishment of anon-board hospital and medical care facilitiesand equipment.

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An Annual Medical Report Form shouldbe developed by the BWC andOSHC which will form part of the

Philippine measures to address gapsPhilippine measures to address gaps

OSHC which will form part of theManual for Inspection for bothdomestic and ocean-going vessels.

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The Manual for Inspection shouldinclude national laws for the

Philippine measures to address gapsPhilippine measures to address gaps

include national laws for theminimum requirements on medicalequipment and personnel on boardvessels.

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Way ForwardWay Forward

By 4th quarter of 2012:

� Finalize action plan on implementation of ILO MLC 2006

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End of PresentationEnd of PresentationEnd of PresentationEnd of Presentation

Thank youThank you