Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s first and second reports on the application of the Convention. It would appreciate receiving further information on the following issues.

Article 1, paragraph 3, of the Convention. Seagoing tugs. The Government report states that the relevant national legislation applies to seagoing tugs. The specific statutory instrument is however not indicated. Please specify which statutory instrument is referred to in the report as giving effect to this provision of the Convention.

Article 2(a). (Conventions listed in the Appendix to Convention No. 147,
but not ratified by Trinidad and Tobago)

Conventions Nos. 55, 56, and 130. In order to allow the Committee to assess the substantial equivalence of the social security measures with the provisions of Conventions Nos. 55, 56 and 130, respectively, the Committee requests the Government to indicate which of these three Conventions the Government intends to apply for the purposes of substantial equivalence. Please also indicate the specific provisions of the national legislation substantially equivalent to the selected Convention and provide copies of the respective laws and regulations.

Convention No. 73. Article 4, paragraph 3. Please indicate the provisions in national law attesting the hearing of a seafarer.

Article 5, paragraph 2. Please indicate the period of validity of colour vision certificates.

Article 5, paragraph 3. Please indicate the provisions in national law providing that, if the period of validity of a certificate expires in the course of a voyage, that certificate shall continue in force until the end of that voyage.

Furthermore, the Committee wishes to point to the availability of the ILO/WHO Guidelines for Conducting Pre-sea and Periodic Medical Fitness Examinations for Seafarers, available in printed form or on the ILO’s web site under http://www.ilo.org/public/english/dialogue/sector/techmeet/ilowho97/index.
htm.

Convention No. 134. Article 4. Please provide regulations and provisions giving effect to this Article, and more particularly those giving effect to the nine specific subjects listed in Article 4, paragraph 3, of the Convention.

Article 7. Please indicate provisions ensuring that, from amongst the crew of the ship, a suitable person or suitable persons, or a suitable committee responsible, under the master, for accident prevention, is appointed.

The Committee wishes to point out that, should there be a lack of regulations concerning occupational safety and health, the ILO’s code of practice on accident prevention on board ship at sea and in port is available in print form and on the ILO’s web site under http://www.ilo.org/public/english/support/publ/pdf/
accident.pdf.

Convention No. 68. Article 5. Food and water supplies. Substantial equivalence for the purposes of this provision requires food and water supplies which are suitable in quantity, nutritive value and quality to secure the health of the crew. Please indicate provisions in national law regulating food and water supply.

Convention No. 92. Please provide a copy of the Shipping (Crew Accommodation) Regulations, 1996.

Convention No. 22

Article 3(3), (5) and (6), and Article 4. Please indicate the specific provisions of the national legislation giving effect to these provisions.

Article 5. Please indicate the specific provisions of the national legislation governing the issuance of maritime books and provide a sample of such book.

Article 6(3)(10)(c). Please indicate if an agreement has been made for an indefinite period, the conditions which shall entitle either party to rescind it, as well as the required period of notice for rescission.

Article 6(3)(5). Please indicate whether the agreement provides for the indication of the voyage or voyages to be undertaken.

Article 6(3)(11). Please indicate the national provisions concerning annual leave with pay.

Article 8. Please indicate specific provisions of national law laying down the measures to be taken to enable clear information to be obtained on board as to the conditions of employment.

Article 9. Please indicate specific provisions of the national legislation governing the termination of agreements made for an indefinite period.

Articles 11 and 12. Please provide information concerning the circumstances, as determined by national law, in which the owner or master may immediately discharge a seafarer, and in which the seafarer may demand his immediate discharge.

Article 14, paragraph 1. Please indicate whether under national law, in case of termination or rescission of the engagement contract, an entry showing that he has been discharged shall be made in the maritime book issued to the seafarer and in the list of crew.

Article 14, paragraph 2. Please indicate whether under national law the seaman has the right to obtain, in addition to the maritime book, from the master, a separate certificate as to the quality of his work or, failing that, a certificate indicating whether he has fully discharged his obligations under the agreement.

Article 2, paragraph (b)(i) of Convention No. 147. Effective jurisdiction or control in respect of safety standards, including standards of competency, hours of work and manning, prescribed by national laws and regulations. Please provide statistical information on ship inspections, broken down to indicate which inspections have dealt with matters relevant to the present Convention (not only those related to SOLAS, the Load Lines Convention and the International Regulations for Preventing Collisions at Sea).

Article 2, paragraph (b)(ii). Social security measures. Please indicate, how the supervision of the observance on board ships of social security measures prescribed by national laws or regulations is exercised (see also under Article 2(a)).

Article 2, paragraph (d)(i). Complaints. Please indicate the relevant provisions of national legislation or other legal instrument, which provide for investigation of complaints arising in connection with the engagement of seafarers.

Article 2, paragraph (e). Qualification of seafarers. Section 26(1) of the Shipping (Training, Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations, 2002, states that a company shall ensure that a seafarer on its ship has had training and holds a certificate in respect of a function he is required to perform on the ship, and documentation including data on his experience, training, medical fitness, and competence in respect of his assigned duties. Please provide information on the measures taken in law and practice to ensure that seafarers employed on ships registered in your country are properly qualified or trained for the duties for which they are engaged.

Article 4. Port State control. Please describe any measures taken in pursuance of this Article and give information on the functioning of these measures (such as the number and nature of cases considered and the nature of any action taken).

Part IV of the report form. Practical application. Please provide an appreciation of the manner in which the Convention is applied in your country, including extracts from reports of the authority or authorities responsible for the application of the Convention.