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Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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The Committee notes the observations made by Nautilus International, received with the Government’s third report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes that the amendments to the Code approved by the International Labour Conference in 2018 entered into force for the Cayman Islands on 26 December 2020.
Impact of the COVID-19 pandemic. The Committee refers to the observations of the International Transport Workers’ Federation (ITF) and the International Chamber of Shipping (ICS), received by the Office on 1 and 26 October 2020 and 4 October 2021, alleging that ratifying States have failed to comply with certain provisions of the Convention during the COVID-19 pandemic. The Committee notes that it did not have the opportunity to examine the application of the MLC, 2006, by the Cayman Islands during the peak of the pandemic. Noting with deep concern the impact that the COVID-19 pandemic had on the protection of seafarers’ rights as laid out in the Convention, the Committee refers to its general observation of 2020 and its comments in the general report of 2021 on this issue and requests the Government to ensure that any remaining restrictions are lifted in order to guarantee full compliance with the MLC, 2006.
Regulation 1.2 and the Code. Medical certificate. In reply to the Committee’s previous request regarding the application of paragraph 7 of the Merchant Shipping (Maritime Labour Convention) (Medical Certification) Regulations, 2014, the Government indicates that the powers of the Chief Executive Officer (CEO) to dispense referred to in this regulation are intended to protect the employment of seafarers serving on ships flagging into the Cayman Islands. In such circumstances the CEO may accept the validity of the seafarer’s medical certificate to allow the opportunity for the seafarer to continue in employment until the certificate’s expiry, should the CEO be satisfied that it was issued against acceptable or equivalent medical standards. The Government further indicates that such powers have never been used. The Committee takes note of this information.
Regulations 2.1 and 2.2 and Standards A2.1, paragraph 7 and A2.2, paragraph 7. Seafarers’ employment agreements and wages. Captivity as a result of acts of piracy or armed robbery against ships. The Government indicates that, as provided for in Shipping Notice CISN 07/2020, shipowners should review their policies and procedures to ensure compliance with the 2018 amendments to the Code of the Convention. A surveyor will then check that the amendments have been addressed in full at the vessel’s next MLC, 2006, inspection. The Committee notes the observations made by Nautilus International urging the Government to implement the 2018 amendments and indicating that implementation by Shipping Notice will not have the same force as legal implementation by way of the usual form of Regulations. The Committee also notes that, while the Merchant Shipping Act contains a definition of piracy, the Government has not provided information on the national provisions containing the definition of armed robbery against ships for the purpose of the application of Standards A2.1, paragraph 7 and A2.2, paragraph 7 of the Convention. The Committee draws the Government’s attention to the following questions included in the revised report form for the Convention: (a) do laws or regulations provide that a seafarer’s employment agreement shall continue to have effect while the seafarer is held captive on or off the ship as a result of acts of piracy or armed robbery against ships?; (b) how is the term armed robbery against ships defined under national legislation? (Standard A2.1, paragraph 7); and (c) do laws or regulations provide that wages and other entitlements under the seafarers’ employment agreement, relevant collective bargaining agreement or applicable national laws, including the remittance of any allotments, shall continue to be paid during the entire period of captivity and until the seafarer is released and duly repatriated or, where the seafarer dies while in captivity, until the date of death in accordance with national legislation? (Standard A2.2, paragraph 7). The Committee requests the Government to reply to the above-mentioned questions, indicating in each case the applicable national provisions.
Regulation 2.4 and Standard A2.4, paragraph 2. Entitlement to leave. Minimum paid annual leave. Method of calculation. In its reply to the Committee’s previous comment, following an observation submitted by the ITF, the Government indicates that the matter of public holiday entitlement was considered and, due to the reference in Guideline B2.4.1, paragraph 4 of the Convention to “recognized as such in the flag State”, it decided that the public holiday entitlement of the United Kingdom complied most closely with the guideline, as the United Kingdom is the “flag State” for all Cayman Islands ships. The Committee notes however that, while the UK Secretary of State retains oversight to ensure that appropriate standards are applied and maintained with respect to the implementation of international Conventions, the Convention has been extended to the Cayman Islands by the United Kingdom and takes effect regarding Cayman Islands flagged vessels through Cayman Islands legislation or the adaptation of relevant UK legislation to local conditions. The Committee once again requests the Government to indicate how it has given due consideration to Guideline B2.4, paragraph 4.
Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. The Committee notes the Government’s reply to its previous comment, indicating that the Government is currently comprehensively revising the Merchant Shipping Act (MSA) and that this legislative text, once enacted, will give legal effect to Shipping Notices, allowing the Cayman Islands to fully implement the 2014 amendments and all future amendments to the Code of the Convention. The Committee also notes that, in its observations, Nautilus International once again requests the full implementation of such amendments into the legislation of the Cayman Islands. The Committee requests the Government to adopt without delay the necessary legislation to give effect to the 2014 amendments to the Code of the Convention, and to provide a copy once available.
Regulation 2.7 and Standard A2.7, paragraph 1. Manning levels. Adequate manning. In reply to the Committee’s previous request, the Government indicates that completely revised Manning Regulations have been prepared and will shortly be ready for submission to the Cayman Islands Government once the revised Merchant Shipping Act is enacted. For the avoidance of doubt, a reference to the requirement for the minimum safe manning to include a ship’s cook when operating with 10 or more crew (with the qualifications required by the Food and Catering Regulations) will also be added to the new Manning Regulations. The Committee expects that the revised Manning Regulations will be adopted in the near future and requests the Government to provide a copy of the text with its next report.
Regulation 3.1 and the Code. Accommodation and recreational facilities. The Committee notes the Government’s reply to its previous comment that the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 2002 require such vessels to comply with either the REG Yacht Code (>24m) or the UK MGN 280(<24m). The Government indicates that both of these Codes require annual surveys and inspections that cover all applicable MLC, 2006, requirements, including any alteration to the provision of accommodation on board. The Committee notes, however, that the REG Yacht Code or the UK MGN 280 do not refer to the inspection of living and working conditions under the MLC, 2006. The Committee accordingly requests the Government to indicate how it gives effect to Standard A3.1, paragraph 3 for ships of less than 500 gross tonnage.
Regulation 3.2 and Standard A3.2, paragraphs 5 and 6. Food and catering. Dispensation of a fully qualified cook. The Committee notes with interest that the Government has revised Section 6.2 of Shipping Notice 07/2014, eliminating the criterion of duration of the voyage (more than 3 days or more than 36 hours from a safe port) to the requirement to carry a fully qualified cook. The Committee takes note of this information, which addresses its previous request.
Regulation 4.2, Standard A4.2.1, paragraphs 8–14, and Standard A4.2.2. Shipowners’ liability. Financial security. The Committee notes the Government’s reply to its previous comment, indicating that the Government is currently comprehensively revising the Merchant Shipping Act (MSA) and that this legislative text, once enacted, will give legal effect to Shipping Notices, allowing the Cayman Islands to fully implement the 2014 amendments and all future amendments to the Code of the Convention. The Committee also notes that, in its observations communicated with the Government’s report, Nautilus International once again requests the full implementation of such amendments into the laws of the Cayman Islands. The Committee requests the Government to adopt without delay the necessary legislation to give effect to the 2014 amendments to the Code of the Convention, and to provide a copy with its next report.
Regulation 4.4 and the Code. Access to shore-based welfare facilities. The Committee recalls that each Member shall promote the development of welfare facilities in appropriate ports of the country and determine, after consultation with the shipowners’ and seafarers’ organizations concerned, which ports are to be regarded as appropriate. The Committee requests the Government to indicate the measures adopted to give effect to Regulation 4.4 and Standard A4.4.
Regulation 4.5 and Standard A4.5, paragraph 6. Social security. Comparable benefits for seafarers in the absence of adequate coverage. The Committee notes the Government’s indication in reply to its previous comment that, while there have been no changes, it will keep the matter under consideration. The Committee also notes the observations of Nautilus International regarding the lack of improvement in this respect. The Committee recalls that although the primary obligation concerning social security rests with the Member in which the seafarer is ordinarily resident, under Standard A4.5, paragraph 6. Members also have an obligation to give consideration to the various ways in which comparable benefits will be provided to seafarers in the absence of adequate social security coverage. This can be provided in different ways, including in laws or regulations, in private schemes, in collective bargaining agreements or a combination thereof. The Committee requests the Government to provide, with its next report, updated information on any consideration given to this issue.
Regulation 5.1.3 and Standard A5.1.3, paragraphs 3 and 4. Flag State responsibilities. Renewal of Maritime Labour Certificate. The Committee requests the Government to indicate how effect is given to the 2016 amendments to the Code of the Convention with regard to the renewal of certificates (Standard A5.1.3, paragraphs 3 and 4).
Regulation 5.1.6. Flag State responsibilities. Marine casualties. In reply to the Committee’s previous comment, the Government provided a copy of the Merchant Shipping (Marine Casualty Reporting and Investigation) Regulations, 2018, and of the memorandum of understanding signed with the UK Marine Accident Investigation Branch covering the investigation of “very serious marine casualties”. While noting this information, the Committee recalls that Regulation 5.1.6, paragraph 1, provides that each Member shall hold an official inquiry into “any serious marine casualty, leading to injury or loss of life that involves a ship that flies its flag”. The Committee accordingly requests the Government to indicate how it ensures full conformity with this requirement of the Convention.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the Government’s second report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes that the amendments to the Code approved by the International Labour Conference in 2014 and in 2016 entered into force for the Isle of Man, respectively, on 18 January 2017 and on 8 January 2019. Based on its second review of the information and documents available, the Committee draws the Government’s attention to the following issues.
General questions on application. Implementing measures. The Committee noted, in its previous comment, the Government’s indication that the Convention is implemented by the Merchant Shipping (Maritime Labour Convention) Regulations 2013 (SD 234/2013) (hereinafter MS Regulations 2013) and by several additional Regulations and Marine Labour Notices (hereinafter MLN). The purpose of MLNs is to provide guidance on compliance with Isle of Man Regulations and in most cases; therefore MLNs are not legally binding. MLNs are only legally binding if the underlying Regulations specify that something must be done in accordance with a particular MLN. The Committee notes that the 2018 MLC Report, published by the Isle of Man Ship Registry, indicates that the Isle of Man Ship Registry will consider alternative methods of compliance to those set out in the MLN on a case-by-case basis. Recalling that flexible application of the MLC, 2006, is allowed only in the cases and under the conditions provided for in the Convention, the Committee requests the Government to provide detailed information on the alternative methods of compliance that have been considered and granted by the competent authority.
Article II, paragraphs 1(i) and 4. Definitions and scope of application. Ships. The Committee notes that Regulation 1(3) of the MS Regulations 2013 provides that these Regulations do not apply to pleasure vessels and to ships, which navigate exclusively within 60 nautical miles of the island’s coast. The Committee recalls that Article II, paragraph 1(i) provides that “ship” means a ship other than one which navigates exclusively in inland waters or waters within, or closely adjacent to, sheltered waters or areas where port regulations apply. The Committee also recalls that Article II, paragraph 4, provides that the Convention applies to all ships, whether publicly or privately owned, ordinarily engaged in commercial activities, other than ships engaged in fishing or in similar pursuits and ships of traditional build such as dhows and junks. The Committee requests the Government to indicate how it ensures that the Convention applies to all ships navigating beyond inland waters or waters within, or closely adjacent to, sheltered waters or areas where port regulations apply. The Committee further requests the Government to indicate how it ensures that the requirements of the Convention apply to pleasure ships that are ordinarily engaged in commercial activities.
Regulation 1.1 and Standard A1.1, paragraphs 2 and 3. Minimum age. Night work. Noting Standard A1.1, paragraphs 2 and 3, are implemented by the non-binding provisions of the MLN 1.1 Young Persons, the Committee requested the Government to provide further information on the implementation of this requirement of the Convention. The Committee notes the Government’s indication that Regulation 35 of the MS Regulations 2013 gives effect to these requirements of the Convention. The Committee takes notes of this information, which addresses its previous request.
Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. The Committee noted that while section 7.2 of the MLN 1.1 Young Persons contains a list of types of work considered hazardous and prohibits young seafarers from engaging in that type of work, this section is not binding and permits exceptions to this prohibition. The Committee requested the Government to indicate whether the Ship Registry’s determination of hazardous work under MLN 1.1 was made after the consultations prescribed under Standard A1.1, paragraph 4, and to clarify how the national legislation implements the absolute prohibition provided for in the Convention. The Committee notes the Government’s explanation on the consultations that have been carried out in accordance with the Convention. Furthermore, the Committee notes with interest that, in order to give full effect to the requirements of the Convention, Regulation 115 of the MS Regulations 2013 and MLN 1.1 have been amended to remove any exception to the prohibited tasks for young seafarers. The Committee takes note of this information, which addresses its previous request.
Regulation 1.4 and Standard A1.4, Paragraph 7. Recruitment and placement. Investigation of complaints. The Committee notes the Government’s indication that Standard 1.4, paragraph 7, of the Convention is implemented by Regulation 11(2)(g) of the MS Regulations 2013, which provides that a private seafarer recruitment and placement service must examine and respond to any complaint concerning its activities and advise the Department of any unresolved complaint. Noting, however, that this Regulation is giving effect to Standard 1.4, paragraph 5(c)(v), the Committee recalls that Standard 1.4, paragraph 7, provides that the “competent authority” shall ensure that adequate machinery and procedures exist for the investigation, if necessary, of complaints concerning the activities of seafarer recruitment and placement services, involving, as appropriate, representatives of shipowners and seafarers. The Committee requests the Government to indicate how full effect is given to Standard 1.4, paragraph 7.
Regulation 2.3 and Standard A2.3, paragraph 13. Hours of work and hours of rest. Exceptions. The Committee notes that the MLN 2.3 on Hours of Work and Hours of Rest indicates that the Isle of Man Ship Registry may permit exceptions to the minimum hours of rest required by the regulations that have been either: (i) produced as part of a collective agreement; (ii) applied for by the shipowner with evidence that the exception being applied for has been agreed by the seafarers and/or the seafarers’ representatives. Recalling that, under Standard A2.3, paragraph 13, exceptions to the limit on hours of rest shall only be permitted by an authorized or a registered collective agreement, the Committee requests the Government to indicate the measures taken to ensure full compliance with this provision of the Convention.
Regulation 2.5 and Standard A2.5.1, paragraph 3. Repatriation. Prohibition of advance payment and to recover costs from seafarers. The Committee notes that Regulation 53 of the MS Regulations 2013 provides that a shipowner is prohibited from … (b) recovering the cost of repatriation from the seafarer’s wages or other entitlements except if – (i) permitted by any applicable collective agreement; and (ii) the seafarer has been found in accordance with any applicable collective agreement, to be in serious default of his or her employment obligations. The Committee requests the Government to provide information on the procedure to be followed and the standard of proof to be applied before any seafarer covered by the Convention can be found to be in “serious default of the seafarers’ employment obligations” (Standard A2.5.1, paragraph 3).
Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that, pursuant to Standard A2.5.2, the Government shall ensure the provision of an expeditious and effective financial security system to assist seafarers in case of their abandonment. In this regard, the Committee takes note with interest that the MS Regulations 2013 have been amended to give effect to Standard A2.5.2. The Committee requests the Government to provide an example of the kind of documentation that is accepted or issued with respect to the financial security that must be provided by shipowners.
Regulation 3.1, paragraph 2. Accommodation and recreational facilities. Scope of application. The Committee notes that, pursuant to Regulation 61(3) to (5) of the MS Regulations 2013, the requirements concerning crew accommodations on large commercial yachts are those included in three Codes published by the UK’s Maritime and Coastguard Agency, instead of Regulations 61 to 79 of the MS Regulations 2013, which have been adopted to implement Regulation 3.1 and Standard A3.1 of the Convention. The Committee further notes that the MSN 054 issued in January 2019 indicates that the Red Ensign Group Yacht Code, launched on 13 November 2017, is also applicable to all “commercial yachts of 24 metres in load line length or over, constructed on or after 1 January 2019” which are permitted to carry a maximum of 12 passengers. In order to properly assess how Standard A3.1 is applied to large commercial yachts, the Committee requests the Government to provide detailed information on this issue indicating any eventual substantial equivalence adopted for this category of ships.
Regulation 4.1 and Standard A4.1, paragraph 4(d). Medical care on board and ashore. Minimum requirements. Medical advice by radio or satellite. The Committee notes that the MLN 4.1 indicates that Radio Medical Advice is available to all ships at sea by contacting HM Coastguard. The Committee requests the Government to clarify it these services are provided free of charge to all ships irrespective of the flag that they fly, as required by the Convention.
Regulation 4.2, Standard A4.2.1, paragraphs 8 to 14, and Standard A4.2.2. Shipowners’ liability. Financial security. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that pursuant to Standards A4.2.1 and A4.2.2, national laws and regulations shall provide that the financial security system to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard meet certain minimum requirements. In this regard, the Committee takes note with interest that the MS Regulations 2013 have been amended to give effect to Standard A4.5.1, paragraphs 8 to 14 and to Standard A4.2.2. The Committee requests the Government to provide an example of the kind of documentation that is accepted or issued with respect to the financial security that must be provided by shipowners.
Regulation 4.3 and Standard A4.3, paragraphs 1 and 2. Health and safety protection and accident prevention. Policies and programmes. Noting that, under Regulation 110(7) of the MS Regulations 2013, the requirement that shipowners provide protective equipment does not apply to self-employed seafarers or any other person working in any capacity on board the ship, who is not employed by the shipowner or the shipowner’s representative, the Committee requested the Government to explain how it ensures that all seafarers are provided with the required protective equipment in accordance with Standard A4.3, paragraph 1(c). The Committee notes the Government’s indication that self-employed seafarers are normally employed on board a ship for a short period for a specialist task which they are familiar with and trained in. Because the task is of a specialist nature, the self-employed seafarers would normally own and bring their own personal protective equipment (PPE) to the ship with them and they have better knowledge than the shipowner to choose and purchase the most appropriate PPE for the task they are carrying out. The Government further indicates that because self-employed seafarers are normally contracted on-board the ship, if new or additional PPE is required it can be factored into the contract which is agreed between the self-employed seafarer and the shipowner. The Committee takes note of this information, which addresses its previous request.
Regulation 4.5 and Standard A4.5, paragraph 3. Social security. Protection for seafarers ordinarily resident in its territory. The Committee requested the Government to provide clarifications concerning the social security benefits of seafarers ordinarily resident in the Isle of Man (around 240 according to the available information). The Committee notes the detailed explanations provided by the Government in this regard, including the specific provisions made for these seafarers in the social security legislation taking into account that their place of work is a ship. The Government indicates that although they may be physically off-island (i.e. technically abroad) when on board ship, this does not affect their Isle of Man domiciled status (See Regulation 117(1)(b) Social Security (Contributions) Regulations 2001 (SI 2001/1004)). The Committee takes note of this information, which addresses its previous request.
Regulation 4.5 and Standard A4.5, paragraph 6. Social security. Comparable benefits for seafarers in the absence of adequate coverage. The Committee recalled that, although the primary obligation regarding social security rests with the Member in which the seafarer is ordinarily resident, Members also have an obligation to give consideration to the various ways in which comparable benefits will, in accordance with national law and practice, be provided to non-resident seafarers in the absence of adequate coverage in the applicable branches of social security (Standard A4.5, paragraph 6). Noting that there are 9,684 seafarers working on board Isle of Man flagged vessels, the Committee requested the Government to explain how it gives consideration to this issue. Noting that the Government has not taken any measures in this regard, the Committee requests the Government to provide information on any future developments of the situation.
Regulation 4.5 and Standard 4.5, paragraph 9. Social security. Fair and effective procedures for the settlement of disputes. Noting the Government’s indication that the shipowners’ and seafarers’ contributions to relevant social protection and social security systems or schemes are not monitored to verify that they are made, the Committee requested the Government to explain how it ensures compliance with the required contributions to relevant social protection and social security schemes. The Committee notes the detailed information provided by the Government on the enforcement mechanisms contained in its legislation and on the inspections that are carried out. The Committee takes note of this information, which addresses its previous request.
Regulation 5.1.2 and the Code. Flag State responsibilities. Authorization of recognized organizations. The Committee requested further information regarding recognized organization. The Committee notes that the Government has provided a document called “Generic Class Agreement”, which contains relevant information concerning survey procedures and issue of certificates by recognized organizations. The Committee takes note of this information, which addresses its previous request.
Regulation 5.1.6, paragraph 1. Flag State responsibilities. Marine casualties. Official inquiry. The Committee notes that, under Regulation 10(1) of the Merchant Shipping (Accident Reporting and Investigation) Regulations 2001, where a casualty, accident, or incident occurs, the Department shall decide whether or not an investigation should be carried out. The Committee recalls that Regulation 5.1.6, paragraphs 1 and 2, provides that each Member shall hold an official inquiry into “any serious marine casualty, leading to injury or loss of life that involves a ship that flies its flag”. The Committee requests the Government to indicate the measures taken to ensure full conformity with this requirement of the Convention.
[The Government is asked to reply in full to the present comments in 2022.]

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the Government’s first report on the application of the Maritime Labour Convention, 2006 (MLC, 2006). It also notes that 14 maritime labour Conventions have been declared applicable to the Isle of Man by the Government of the United Kingdom, which are no longer applicable following the entry into force of the MLC, 2006, for the Isle of Man. The Committee notes the efforts undertaken by the Government and the social partners to implement the Convention. Following a first review of the information and documents available, the Committee draws the Government’s attention to the following issues. If considered necessary, the Committee may come back to other matters at a later stage.
Regulation 1.1 and Standard A1.1. Minimum age. The Committee notes the Government’s reference to the Isle of Man Merchant Shipping (Maritime Labour Convention) Regulations 2013 (hereafter, Merchant Shipping Regulations). The Committee notes that these Regulations, under Part 2, section 7, prohibit the engagement of seafarers under the age of 16 to work in any capacity on board a ship, and prohibits seafarers under the age of 18 from working on board a ship if the work is likely to jeopardize his or her health or safety. However, the Committee notes that these provisions are silent with respect to the prohibition of night work for young seafarers (Standard A1.1, paragraphs 2 and 3). Instead, the Committee notes that this prohibition is contained in the Maritime Labour Notice MLN 1.1 (Rev. No. 1) of August 2012, entitled MLC Title 1.1 Young Persons. The Committee notes, in this respect, that the explanatory chapeau of the MLN 1.1 states: “This MLN provides guidance on compliance with Isle of Man (IOM) regulations which give effect to parts of MLC, 2006, Title MLC 1.1, 1.2, 2.3, 2.4, 2.5, and 4.3 in relation to young persons. Implementation of these guidelines will be taken as evidence of compliance with the Isle of Man regulations”. The Committee requests the Government to clarify whether the provisions of the MLN 1.1 are legally binding. If not, the Committee requests the Government to take all of the necessary measures to ensure implementation of all of the requirements of Regulation 1.1 and Standard A1.1, paragraphs 2 and 3. The Committee further notes that, under section 7.2 of the MLN 1.1, the Ship Registry has determined that young seafarers are prohibited from carrying out certain hazardous work. The Committee also notes, however, that the provision sets out exceptions to this prohibition where the work is: (i) an indispensable part of their established training programme; (ii) performed under the supervision of a competent person; and (iii) carried out in a way in which the young person’s health and safety is ensured (so far as is reasonably practicable) when performing the activity. It recalls, in this respect, that paragraph 4 of Standard A1.1 of the Convention requires that the determination by national laws or regulations or by the competent authority be made only after consultations with the shipowners’ and seafarers’ organizations concerned. Furthermore, this paragraph prohibits the employment, engagement or work of seafarers under the age of 18 for hazardous work, without exception. The Committee requests the Government to indicate whether the Ship Registry’s determination of hazardous work under MLN 1.1 was made after the consultations prescribed under Standard A1.1, paragraph 4. It further requests the Government to clarify how its national legislation implements the prohibition provided for in the Convention.
Regulation 4.3 and Standard A4.3. Health and safety protection and accident prevention. The Committee notes that Part 15, sections 100 to 113, of the Merchant Shipping Regulations regulates the health and safety protection of seafarers. It also notes, however, that under section 110(7) of the Regulations, the requirement that shipowners provide protective equipment does not apply to self-employed seafarers or any other person working in any capacity on board the ship, who is not employed by the shipowner or the shipowner’s representative. The Committee recalls, in this respect, that Standard A4.3, paragraph 1(c) concerning on-board procedures and protective equipment applies to all seafarers, irrespective of their employment relationship. The Committee requests the Government to explain how it ensures that all seafarers on ships flying its flag are provided with occupational health protection and live, work and train on board ship in a safe and hygienic environment, including by receiving protective equipment. Furthermore, noting the absence of any express provision on this matter, the Committee requests the Government to explain how it ensures that its laws and regulations and other measures referred to in Regulation 4.3, paragraph 3, of the Convention are regularly reviewed in consultation with representative shipowners’ and seafarers’ organizations, as required under Standard A4.3, paragraph 2.
Regulation 4.5 and Standard A4.5. Social security. The Committee notes that, in accordance with Standard A4.5, paragraphs 2 and 10, of the Convention, the Government has specified the following branches of social security: medical care; sickness benefit; unemployment benefit; old-age benefit; employment injury benefit; family benefit; maternity benefit; invalidity benefit and survivors’ benefit. The Committee notes that the Government’s report does not contain explanations concerning its implementing legislation; rather, it refers to the Isle of Man Social Security: Benefits Information Guide (2014–15). While certain benefits, such as maternity benefits, are clearly defined in the Guide, the Committee notes that it is not clear how other benefits, such as medical care, are provided to seafarers ordinarily resident in the Isle of Man. Furthermore, the Committee notes that, under section 17 of the Benefits Information Guide, the Isle of Man has been included in the definition of the territory of the United Kingdom for the purposes of its reciprocal agreements with several countries. Finally, the Committee notes the Government’s indication that its shipowners’ and seafarers’ contributions to relevant social protection and social security systems or schemes are not monitored to verify that they are made. The Government further indicates that it has not adopted any measures for providing benefits to non-resident seafarers working on ships flying its flag who do not have adequate social security coverage. The Committee requests the Government to provide clarifications concerning the social security benefits that are provided to seafarers ordinarily resident in the Isle of Man. It also requests the Government to explain how it ensures compliance with the required contributions to relevant social protection and social security schemes (Standard A4.5, paragraph 5). Furthermore, the Committee requests the Government to explain how it gives consideration to the various ways in which comparable social security benefits are provided to non-resident seafarers working on ships flying its flag in the absence of adequate coverage (Standard A4.5, paragraph 6).
Regulation 5.1.2 and Standard A5.1.2. Authorization of recognized organizations. The Committee notes the Government’s reference to Shipping Notice MSN 020 of June 2014, entitled Recognised Organisations. The Committee notes that, according to its terms, Shipping Notice MSN 020 “provides that certain functions may be delegated by the Department to a ‘recognised organisation’ or an ‘organisation acceptable to the Department’. The purpose of this notice is to specify which organisations are currently authorised to act in this capacity.” The Committee notes that the Shipping Notice does not refer to the Convention. The Government indicates in its report that those recognized organizations may be used for purposes related to the Convention “if the need arises” and that appointment and certification instructions have been inserted into the applicable Class Guidelines. The Committee recalls, however, that under Regulation 5.1.2, paragraph 2, the Government must provide information regarding any recognized organization which is authorized to carry out inspection or certification functions under the Convention, the extent of authorizations given and the arrangements made to ensure that those activities are carried out completely and effectively. Furthermore, Standard A5.1.2, paragraph 4, requires Members to provide a current list of any recognized organizations authorized to act on its behalf, including the functions that the recognized organizations have been authorized to carry out, under the Convention. The Committee accordingly requests the Government to provide this information and a sample of the agreement signed between the Government and the authorized organizations.
[The Government is asked to reply in detail to the present comments in 2017.]
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