Solicitud directa (CEACR) - Adopción: 2007, Publicación: 97ª reunión CIT (2008)

The Committee notes the information supplied by the Government in its first report. It draws the Government’s attention to the following points.

Article 3, paragraph 2(c), of the Convention. Adequate penalties. Regulation No. 25403 of 15 March 2004 on Rules and Guidelines regarding Construction, Alterations, Maintenance and Repair of Ships and Sea Vessels does neither contain any specific provisions on crew accommodation nor any applicable sanctions in case of their infringement. The Committee, therefore, asks the Government to specify the provisions on crew accommodation and the penalties applicable for any violation thereof.

Article 3, paragraph 2(d). Inspection system. The Government refers to the provisions concerning inspection of working conditions contained in the Labour Act. The Committee requests the Government to provide information on the organization and working of the inspection system specific to the maritime sector.

Article 3, paragraph 2(e). Consultation of shipowners’ and seafarers’ organizations. In the absence of information on the subject, the Committee asks the Government to indicate the provisions in national legislation requiring the competent authority to consult the organizations of shipowners and/or the shipowners and the recognized bona fide trade unions of seafarers in regard to the framing of regulations, and to collaborate so far as practicable with such parties in the administration thereof.

Article 4, paragraph 1. Submission of plans of crew accommodation before construction of the ship. According to section 5 of Regulation No. 25403, prior to construction, the owner of the ship or his representative shall submit to the port authority two copies of form 1-A containing plans of the ship (form, transverse and longitudinal cut, etc.). The Committee asks the Government to indicate whether those plans include, on a prescribed scale, the location and general arrangement of crew accommodation.

Article 4, paragraph 2. Submission of detailed plans of crew accommodation before the construction or alteration of crew accommodation. Section 70 of the Regulations Pertaining to Accommodation and Food and Catering for Seafarers and Seafarers’ Health, No. 20378, which provides for the submission of plans for the installation of sleeping rooms, recreation areas, mess rooms, washrooms, laundry rooms and sanitation facilities, only apply to vessels that are already built or being purchased. This section specifies that these plans shall be submitted when the employer or the owner of such a ship applies for a sailing permission. The Convention permits the submission, for approval by the competent authority, of the plans of the crew accommodation, when a ship is already built, only in the case of emergency or temporary alterations or reconstruction effected outside the territory of registration. The Committee, therefore, requests the Government to take measures to ensure that before the construction of the crew accommodation is begun and before the crew accommodation in an existing ship is altered or reconstructed, detailed plans of, and information concerning the accommodation, are submitted for approval to the competent authority; these plans shall show on a prescribed scale and in prescribed detail the allocation of each space, the disposition of furniture and fittings, the means and arrangement of ventilation, lighting and heating, and the sanitary arrangements. It further requests the Government to indicate to which authority these plans shall be submitted.

Article 5. Inspection. As the Government’s report contains no information on the issue, the Committee requests the Government to indicate the competent authority responsible for inspection, as well as the provisions in national law which ensure that the competent authority shall inspect each ship and satisfy itself that the crew accommodation complies with the requirements of the laws and regulations when: (i) a ship is registered or re-registered, or the crew accommodation has been substantially altered or reconstructed; and (ii) a complaint has been made to it.

Article 6, paragraphs 4 and 7. Vermin. According to section 53(l) of the Regulations Pertaining to Accommodation and Food and Catering for Seafarers and Seafarers’ Health, every possible measure shall be taken to prevent vermin in sleeping rooms. The Committee asks the Government to indicate whether those measures include: (i) the construction of internal bulkheads in an approved material which is not likely to harbour vermin; and (ii) the prohibition of tongued and grooved boarding or any other form of construction likely to harbour vermin.

Article 6, paragraph 8. Fire-prevention and fire-retarding measures in the construction of accommodation. In the absence of information, the Committee asks the Government to indicate whether the competent authority requires that fire-prevention or fire-retarding measures shall be taken in the construction of the accommodation.

Article 6, paragraph 10. Renewal of wall surfaces. Section 54 of the Regulations Pertaining to Accommodation and Food and Catering for Seafarers and Seafarers’ Health provides that sleeping rooms shall constantly remain clean. Section 56(d) further provides that mess rooms shall be clean and bright. The Committee asks the Government to indicate whether this implies that the wall surfaces shall be renewed or restored as necessary.

Article 6, paragraph 11. Approval of the material and construction of the flooring of the crew accommodation. Section 38 of the Regulations Pertaining to Accommodation and Food and Catering for Seafarers and Seafarers’ Health provides that the flooring of living quarters shall be damp-proof and easy to clean. The Committee asks the Government to indicate whether the material and construction of the flooring of the crew accommodation are approved by the competent authority.

Article 6, paragraph 12. Floorings of composition. As the report gives no information on the issue, the Committee asks the Government to indicate whether, where the floorings are of composition, the joinings with sides are to be rounded to avoid crevices.

Article 7, paragraph 5. Operation of ventilation system when the crew is on board. The Committee asks the Government to indicate whether the power for the operation of the aids to ventilation is available at all times when the crew is living or working on board and conditions so require.

Article 10, paragraph 5(a). Sleeping space allotted and employment of a larger number of ratings. In the absence of information, the Committee asks the Government to indicate the national law provisions which provide that, even in the case of ships in which are employed such groups of ratings as necessitate the employment of a substantially larger number of ratings than would otherwise be employed, the total sleeping space allotted to the group or groups is not less than would have been allotted had the numbers not been so increased.

Article 10, paragraph 6. Calculation of the area of sleeping rooms. Section 49 of the Regulations Pertaining to Accommodation and Food and Catering for Seafarers and Seafarers’ Health provides that the surface covered by bunks, lockers, tables and chairs is included in the calculation of the area of sleeping quarters. The Committee asks the Government to indicate whether small or irregularly shaped spaces which do not add effectively to the space available for free movement and cannot be used for installing furniture are excluded from this calculation.

Article 10, paragraph 8. Sleeping rooms by department. The Convention applies to all vessels of 500 tons or over. If the ratifying State so wishes, it may extend application to vessels of 200–500 tons, which would constitute small ships. The Convention provides that each department shall be provided with a separate room or rooms, except for small ships for which exceptions may be granted by the competent authority. Moreover, the Accommodation of Crews (Supplementary Provisions) Convention, 1970 (No. 133), as well as the Maritime Labour Convention, 2006 (MLC) provide that each seafarer shall, as far as practicable, be provided with an individual sleeping room. However, exceptions may be permitted for ships of less than 3,000 tons, after consultation with shipowners’ and seafarers’ organizations (Standard 3.1, paragraph 9(a)). Nevertheless, section 51 of the Regulations Pertaining to Accommodation and Food and Catering for Seafarers and Seafarers’ Health provides that on vessels of 3,000 tons (8,490 m³) or over, each department (deck and machine) shall have separate sleeping rooms. This clearly does not comply with the requirements of Convention No. 92 and of the MLC. The Committee, therefore, requests the Government to take measures to ensure that in ships of 500 tons (1,415 m³) or over each department is provided with a separate room or rooms.

Article 10, paragraph 9(a). Individual sleeping rooms for senior radio officers or operators. Section 52(a) of the Regulations Pertaining to Accommodation and Food and Catering for Seafarers and Seafarers’ Health provides that where there are several wireless and electricity officers, no more than three people may be berthed per cabin. According to the Convention, however, those officers shall be provided with an individual sleeping room. The Committee, therefore, asks the Government to indicate the measures envisaged to ensure that even when there are several radio or electricity officers on board a ship, they are provided with an individual sleeping room.

Article 10, paragraph 9(d). Maximum number of ratings per room. See comment under Convention No. 133.

Article 10, paragraph 10. Passenger ships – exceptions to the number of ratings per room. The Committee asks the Government to indicate whether, after consultation with the organizations of shipowners and/or the shipowners and the bona fide trade unions of seafarers, permissions have been granted in the case of certain passenger ships. With regard to the number of ratings per sleeping room, see comment under Article 5(3) of Convention No. 133.

Article 10, paragraph 28. Arrangement of berthing and watches. The Committee asks the Government to indicate whether, as far as practicable, berthing of crew members are so arranged that watches are separated and that no daymen share a room with watchkeepers.

Article 11, paragraph 3. Separate mess rooms. Whereas section 55 of the Regulations Pertaining to Accommodation and Food and Catering for Seafarers and Seafarers’ Health provides that on every vessel seafarers shall eat their meals in the places assigned to them according to class, it does not specify whether, in ships of 1,000 tons (2,830 m³) or over, deck and engine departments petty officers and other ratings are provided with separate mess room accommodation. The Committee, therefore, asks the Government to indicate whether in practice, separate mess room accommodation is provided in ships of 1,000 tons (2,830 m³) and over for: (i) deck department petty officers and other ratings; and (ii) engine department petty officers and other ratings.

Article 11, paragraph 4. Separate mess rooms for the catering department. According to section 55 of the Regulations Pertaining to Accommodation and Food and Catering for Seafarers and Seafarers’ Health, in ships of 5,000 tons (14,150 m³) or over with more than five persons in the catering department, a separate mess room shall be assigned to the seafarers of this department. The Committee asks the Government to indicate whether, in conformity with the Convention, adequate provisions exist for ships of less than 5,000 tons (14,150 m³).

Article 11, paragraph 7. Mess room accommodation and exceptions. In the absence of information, the Committee asks the Government to indicate whether exceptions to the rules concerning mess room accommodation, as may be necessary to meet the special conditions in passenger ships, have been permitted by the competent authority.

Article 11, paragraph 9. Facilities for washing utensils. Section 56 (c) of the Regulations Pertaining to Accommodation and Food and Catering for Seafarers and Seafarers’ Health provides that mess rooms must be equipped with buffets for serving the meals and stands on which crockery and cutlery can be set out. The Committee asks the Government to indicate whether proper facilities for washing utensils are provided even where available pantries are not accessible to mess rooms.

Article 11, paragraph 10. Mess rooms – material for tops of seats. Section 56(e) provides that dining tables shall be covered with a material easy to clean and that officers’ tables shall have tablecloths. According to paragraph (d) of this section, mess rooms shall also be well ventilated. The Committee asks the Government to indicate whether seats are also of a damp-resisting material capable of being easily cleaned.

Article 13, paragraph 2(d). Adjacent sanitary facilities. The national legislation does not deal specifically with the situation provided for under this subparagraph. The Committee asks the Government to indicate whether in ships where the radio officers or operators are accommodated in an isolated position, sanitary facilities near or adjacent thereto are provided.

Article 13, paragraph 3 and 4. Allocation of water closets. The national legislation does not appear to prescribe the allocation of water closets to various groups of the crew. The Committee, therefore, asks the Government to take measures to prescribe, subject to the provisions of paragraph 4 of this Article of the Convention, the allocation of water closets to various groups of the crew.

Article 13, paragraph 5. Exceptions to the number of sanitary facilities. The Committee asks the Government to indicate whether special arrangements or a reduction in the number of facilities required have been granted when the total number of the crew exceeds 100 and in passenger vessels normally engaged on voyages of not more than four hours’ duration.

Article 13, paragraph 8. Water closets and ventilation to the open air. According to section 62(b) of the Regulations Pertaining to Accommodation and Food and Catering for Seafarers and Seafarers’ Health, measures must be taken in the toilets to deal with odours, such as installing ventilation apparatus. The Committee asks the Government to indicate whether these measures include ventilation to the open air, in conformity with the provisions of the Convention.

Article 13, paragraph 10. Soil pipes and waste pipes in the toilets. Whereas provisions relating to the draining of waste water in shower cubicles are contained in section 62(a) of the Regulations Pertaining to Accommodation and Food and Catering for Seafarers and Seafarers’ Health, section 62(h) provides that the toilet waste water must be collected in a sewage tank or similar installation. The Committee asks the Government to take measures to ensure that all sanitary facilities are provided with soil pipes and waste pipes of adequate dimensions and so constructed as to minimize the risk of obstruction and to facilitate cleaning.

Article 13, paragraph 14. Heating of facilities for drying clothes. According to section 64 of the Regulations Pertaining to Accommodation and Food and Catering for Seafarers and Seafarers’ Health, drying rooms shall be installed in places that are separated from sleeping rooms and mess rooms and equipped with apparatus for hanging laundry as well as for airing. The Committee asks the Government to indicate whether these rooms are also heated.

Article 14, paragraph 1. Hospital on board. The national legislation only provides that when a ship’s infirmary is provided for on board, dispensaries or medicine cabinets shall be installed adjacent to it, without specifying the ships covered by this provision. The Committee asks the Government to indicate in which ships separate hospital accommodation is required.

Article 14, paragraph 2. Easy access to hospital accommodation. According to the national legislation, ships’ infirmary shall be installed in a place which enables seafarers who fall ill to readily endure any type of weather conditions and to rest. The Committee asks the Government to indicate the provisions of the legislation which provide that hospital accommodation shall also be of easy access.

Article 14, paragraph 5. Separate water closets in the hospital accommodation. The Committee asks the Government to take measures to ensure that water closet accommodation is provided for the exclusive use of the occupants of the hospital accommodation, either as part of the accommodation or in close proximity thereto.

Article 15, paragraph 1. Outside wardrobes. According to section 54 of the Regulations Pertaining to Accommodation and Food and Catering for Seafarers and Seafarers’ Health, the locker provided for each seafarer in the sleeping rooms shall have a middle compartment with a special bar for hanging two uniforms. The Committee asks the Government to indicate whether for the hanging of seafarers’ oilskins, sufficiently and adequately ventilated accommodation is also provided outside of the sleeping rooms.

Article 15, paragraph 2. Office. The Committee asks the Government to indicate whether, in ships of over 3,000 tons (8,490 m³), one room for the deck department and one room for the engine department are provided and equipped for use as an office.

Article 15, paragraph 3. Protection against mosquitoes. The Committee asks the Government to indicate whether measures have been taken to protect the crews’ quarters in ships regularly trading to mosquito-infested ports by the fitting of suitable screens to side scuttles, ventilators and doors to the open deck.

Article 16. Exceptions related to distinctive national habits and customs. The Government merely refers in its report to provisions of the Regulations Pertaining to Accommodation and Food and Catering for Seafarers and Seafarers’ Health which relate to sleeping rooms but does not specify whether, in conformity with the provisions of paragraph 1 of this Article, the standards prescribed in the Convention have been modified. The Committee asks the Government to indicate whether, in the case of ships in which are employed such groups of ratings as necessitate the employment of a substantially larger number of ratings than would otherwise be employed, the competent authority has made special arrangements, to take account of distinctive national habits and customs, concerning the number of persons occupying sleeping rooms and concerning mess room and sanitary facilities. If so, please enclose a copy of the special regulations framed for this purpose and indicate whether the requirement in regard to consultation contained in paragraph 5 of this Article has been observed.

Article 17, paragraph 2. Weekly inspections. The Committee asks the Government to indicate whether it is provided that the master, or an officer specially deputed for the purpose by him, accompanied by one or more members of the crew, shall inspect all crew accommodation at intervals of not more than one week, and that the results of each such inspection shall be recorded.

Part V of the report form. Information on the practical application of the Convention. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied, including, for instance, extracts from reports of inspection services.