The 2010 Manila amendments to STCW convention require existing Certificate of Competency (COC) holders to upgrade and attend bridging courses to meet the new requirements of the revised convention by 1 Jan 2017. MPA has been working with Singapore Maritime Academy (SMA) to develop new courses and bridging courses so that seafarers can upgrade their COC and continue to serve on ships. The additional requirements are as follows:
Various Grades of COC | Additional training required | |
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1 | Class 3 & 5 Deck Officer |
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2 | Class 1 & 2 Deck Officer |
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3 | Class 5 Marine Engineer Officer (MEO), & Class 5 MEO Special Limits. |
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4 | Class 3 & 4 MEO |
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5 | Class 1 & 2 MEO |
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1 Revalidation required if the Advanced Fire Fighting or Proficiency in Survival Craft and Rescue boats training was done more than 5 years ago.
2 Revalidation required if these courses were done more than 5 years ago.
The entry into force of the ILO’s Maritime Labour Convention on 20th August 2013, has been smooth so far for Singapore ships. Due credit has to be given to the tripartite partners within the Singapore shipping community for the prior preparations put in over the years.
Since the entry-into-force date, key follow-ups have continued to complete the intense legislative work. The Merchant Shipping (Maritime Labour Convention) Bill (the MLC Bill) which was passed by the Singapore Parliament on 21st January 2014 took effect on 1st April 2014.
Key Provisions of the MLC Act
The MLC Act is reflective of the comprehensive and rigorous standards of the MLC. Some of Singapore’s existing legislation dealing with various aspects of seafarer employment are consolidated together with revised employment standards, under a single piece of legislation. This provides greater clarity for both employers and seafarers on the applicable standards under the MLC. The MLC Act is broken down into parts, laid out as follows:
Parts I and II set out definitions and cover the type of ships and personnel which the Act will be applicable to.
Parts III and IV set out minimum requirements and conditions for seafarers’ employment. These include requirements on minimum age, medical fitness requirement, seafarer recruitment and placement services, minimum hours of rest, payment of wages, annual leave and provision for the repatriation etc.
Parts V, VI and VII set out requirements for working conditions on board ships. These include the proper provision of food and water, medical care and other measures to ensure the health and safety of seafarers. The provisions here also set out the liabilities of shipowners in the event of sickness and injury sustained by seafarers in the service of the ship.
Part IX requires shipowners to implement procedures to allow seafarers to lodge complaints regarding breaches of employment conditions.
Parts VIII and X create an enforcement regime comprising the certification and inspection of Singapore-registered ships.
Part XI includes related amendments to the Merchant Shipping Act to repeal or dis-apply sections that are superseded by this Bill. It also includes amendments to the Employment Act and Work Injury Compensation Act to streamline the interaction between the Bill and existing employment legislation. The MLC Act is freely available from the website Singapore Statutes Online (http://statutes.agc.gov.sg/).
With the MLC Act put in place by the Parliament, the subsidiary legislations have been finalised and passed by the MPA, with the approval of the Minister of Transport. These are regulations consisting of the specific operational details and having the flexibility of being amended more efficiently. These regulations are listed in the following table and will be freely available from the website – Electronic Gazette (http://www.egazette.com.sg).
List of subsidiary legislations | |
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1 | MS (MLC) (Composition of Offences) Regulations |
2 | MS (MLC) (Forms, Certificates and Fees) Regulations |
3 | MS (MLC) (Health and Safety Protection and Accident Prevention) Regulations |
4 | MS (MLC) (Medicines and Medical Equipment) Regulations |
5 | MS (MLC) (Repatriation) Regulations |
6 | MS (MLC) (Requirements and Conditions of Employment) Regulations |
7 | MS (MLC) (Seafarer Recruitment and Placement Services) Regulations |
8 | MS (MLC) (Seafarer’s Employment Agreement, Crew List and Discharge of Seafarers) Regulations |
9 | MS (MLC) (Training and Certification of Cooks and Catering Staff) Regulations |
10 | MS (MLC) (Wages) Regulations |
11 | MS (MLC) (Seafarers Definition) Order |
12 | MS (MLC) (Ships Exclusion) Order |
13 | MS (Crew Accommodation) (Amendment) Regulations |
14 | MS (Provisions and Water) (Amendment) Regulations |
15 | MS (Training, Certification and Manning) (Amendment) Regulations |
The requirements in both the MLC Act and the subsidiary regulations translate into the measures and conditions that shipowners shall implement on board ships, according to the Declaration of Maritime Labour Compliance developed and verified on board. With this, the national legislative framework for Singapore to implement the MLC is complete.