Post Piracy care of Seafarers

The Seamen’s Church Institute (SCI) has published Preliminary Guidelines: Post-Piracy Care for Seafarers, outlining preliminary strategies on caring for seafarers (merchant mariners) affected by piracy. The document, based on cutting-edge mental health research and ongoing discussions with shipowners, crewing agencies, representatives of governments, and other stakeholders in the industry, provides practical guidelines for the maritime industry.

SCI presented the Preliminary Guidelines to Working Group 3 of the United Nations Contact Group on Piracy off the Coast of Somalia on January 27, prior to the Plenary Meeting of the Contact Group the following day. SCI also plans to submit the document to the International Maritime Organization (IMO) at the meeting of the Maritime Security Committee in May.

Based on experience gained through the clinical study and stakeholder responses, SCI will update Preliminary Guidelines, available online at:

http://www.seamenschurch.org/law-advocacy/piracy-trauma-study

SCI desires to speak with seafarers who have experienced piracy, including attacks, hostage-taking, or simply sailing through high risk piracy areas. Contact Clinical Researcher Michael Garfinkle, PhD at +1 212 349 9090 ext. 240 or by email at mgarfinkle@seamenschurch.org.

SCI researchers strictly protect privacy.

MLC 2010 and the seafarer onboard a ship - some new bits . . .

Many shipowners and seafarers do not realise it as yet, but the Maritime Labour Convention 2010 (MLC 2010) which is going to come into force next year (2011), will be implemented by Port State Control. So it does not matter if your Flag State has ratified or signed on to the convention or not - if the Port State has signed on, then compliance by owners, operators, Master and seafarers will be essential.

States that have already ratified the MLC 2010 include Panama, Canada, Bahams, Norway, Liberia, Marshall Island, Bulgaria, Croatia, and Spain. Countries that are expected to ratify before the end of 2010 are the European Union countries and the Pacific Rim countries.

So what are the significant changes for seafarers?

One aspect would be the contract between seafarer and owner. Some significant new points would include:-

# The seafarer has been given enough time to read and review and also take advice on the contract or agreement before signing. What is "enough time"? That is left to the seafarer. If he feels he has not been given enough time, then he asks for more.

# The full name and address of the shipowner will have to be entered into the contract or agreement. In case the ownership is multiple layered, then all the names and addresses will be required to be entered.

# Full details of the health and social security benefits provided to the seafarer shall have to be entered. In this context, the new rules pertaining to NRIs and "foreign workers/Indians working abroad" under the EPFO may also be seen.

# Where the seafarer is liable for any reason to pay for his repatriation and other expenses, then a maximum amount needs to be set out in the contract/agreement itself. This can not be open ended as it is now.

# A :Shipowner's Complaint Procedure" will have to be defined and made available to the seafarer. The exact mechanics of this are yet unknown, but it is expected that this will have provision for referral back to flag and port state.

# Disciplinary rules and procedures will have to be set down, in detail, in keeping with flag and port state requirements. This appears to be a tough one. Each Port State will have different rules for such actions.

# On rest periods, much was expected, but little has changed. Maximum interval between 2 rest periods will be 14 hours. Extra work impacting rest hours for any reason - emergency, drills, musters, safety, peril - must be compensated.

# Paid leave entitlement is now a minimum of 40 days in each year of employment. This means 325 days work, 40 days leave, which works backwards to about 3.75 days per month. Pro-rata if employed for less than a year. In other words, for a 3-month contract, onboard for 2 months and 20 days entitles you to 10 days leave. Encashment of leave permitted.

# Termination of contract by seafarer for urgent or compassionate reasons shall be without cost to the seafarer. Notice period for termination of contract shall be not less than 7 days on both sides, and both seafarer as well as shipowner shall have equal number of days for this.

# Dental treatment will now be included in medical care, when visiting doctors ashore.

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Ofcourse, the above is still evolving, and there may be variations as and when the MLC 2010 comes into force in your Flag State. But expect the Port State Control to implement their version of MLC 2010 with vigour, and  soon.

Good luck. One more inspector . . .

Curious shipping accidents, and photos therein

This is not morbid, but in a way amusing - you wonder how some of them got there?

http://curiousphotos.blogspot.com/2009/08/marine-accidents-19-pics.html

And here's one of the most amazing ones I read about - the Second Mate thought the radar showed a huge big cloud, de-selected it around 0330, and then handed over watch to the Chief Officer at 4am.  Nobody looked at the other radar, nobody looked at the charts, both electronic and paper, and nobody apparently looked outside at the breakers too.

Clear visibility as far as you could see. And then this tanker simply climbed onboard the island. What sort of coffee were they serving on the SICHEM OSPREY, then?

http://maritimeaccident.org/2010/10/sichem-osprey-athol-story-of-pirate-island-clouded-judgement-and-coffee-grounds/

(Thank you, Bob Couttie)

During the investigation, the Second Officer, who was the only passage planner on board since the others weren't competent apparently (????!!!!) did not know if it was a great circle course or a rhumbline, from Panama to Ulsan

http://cdn.tahitipresse.pf/wp-content/uploads/2010/02/clipperton.jpg

How many people should we have on board ships??

I believe the Port State authorities in Spain and the US, and now to some extent Greece also, have recently as Port States started taking some interesting initiatives in placing their National interests first as far as safe manning onboard ships of other flags visiting their waters and ports/countries is concerned. I do not have the exact details, but have heard about how the number of watch-keepers, for example, has to be "better" if that from the flag state is at variance to what the port state expects.

There is no reason to not motivate the Indian Government to do so for all vessels calling Indian ports, also - we are not exactly minnows in the world of ocean trade either. Likewise, with some foresight, the same can be applied to ships entering Indian waters in their voyages worldwide - especially now that ships from the PG to the Far East as well as others tend to hug the Indian coast because of the Red Sea/Somalia piracy issues.

Just a thought - but worth pursuing. Or we keep our peace - Black Rose at Paradeep and similar not-withstanding. Volvo buses plying between Mumbai and Bangalore now have 4 drivers (2 for city at each end and 2 for the long haul) like do Suez Pilots - but at sea, we keep worrying about Indian seafarers becoming non-competitive?

As far as reduced manning is concerned - it is my submission that for the typical ship-owner/operator, human beings on board are certificates of competency that eat food, so the fewer the better. In the risk analysis of seaworthy in terms of documentation versus seaworthy in terms of actual facts, the cost of those lives is factored in - so the fewer the better. Barring the Derbyshire and maybe a few other cases, has anybody here heard of family or flag state pressing for investigations, lately?