Merchant Shipping (Maritime Labour Convention) Regulations, 2015 (S.I. 25 of 2015)

[29th Ivray 20ts] Supplement to Official Gazette 191 S.I.25 of 2015 MERCHANT SHIPPING ACT (Cap t27A) Merchant Shipprn g (Maritime Labour Convention) Regulations, 2015 In exercise of the^powers conferred by section 242 of the Y::^lry,ship,pine Ait, the Minister oiiorrign Atr"il;; r ransperr hereby makes the following regulatiois PART I. PRELIMINARY 1. These regulations may be cited as the Merchant citationShipping (Maritime iauo*conuJrionl ii"grrutions, 20 r 5. 2.(l) In these regulations, unless the context otherwise rnterpretationsrequires (a) ..Act?,meanstheMerchant ShippingAc t(Capt27A); ,, : (b) *Administration,, means the Seychelles Maritime an! S^a.fttf Administrati;r;;f;;;; to in section 6 oftheAct; (c) ..Authorisqd. ofEcer,,, for the purpose of mspections in ports in Seychell"i, rn.un, u surveyor appointed under section 236 of the Act; (d) '.catering dgpartment,, means the galley, mess roomsand any other af,eas on boird irtl.a.J or used for the storage or preparation offood for^seafarers or thi service of ,."fr-io seafarers; 192 Supplement to Official Gazette [29th May 20151 (e) "catering staff'means seafarers whose normal duties include the preparation and storage of food, the seryice ofmeals to seafarers onboard the ship or other work in the galley or in areas where food is stored orhandled; (0 "Convention" means the Maritime Labour Convention, 2006, and includes any amendments made thereto from time to time; (g) 'tonsultation" means after consultation with thd appropriate shipowners' and seafarers' organisations or, in case there are none, employers' and workers' organisations, concerned with the matter in question ; (h) "crew accommodation" means accommodation, including the construction, machinery fiuings and equipment of that accommodation, intended for or used by seafarers; (i) "directive': means a directive issued under section6 oftheAct; CI) "fishing vessel" means, except in regulation 5, . a vessel for the time being used (or intended to be used) for, or in conneiion with, fishing for seafish, otherthan ' (i)' avesselused(orintendedtobeused)for (iil any vessel for the time being used (or intended to be used) wholly for the : : purpose of conveying persons wishing to fishforpleasure; ' (k) ,:tintr"ctor" means a person mentioned in section236oftheAcq,'' [29ttiMary/.2015] Supplemeint,to'Officiut6azstfe 193 :. i i i {, ir i, "-, r i r(I);.i r i tf ffi 6ft 1*16 tShippfofg i}rtrotice" means a notice issued to the shipownerby the Administration describing therein the requir.emenls, in respect of a shipS:'ib'rber;toinD'fi€il with by the shipowner and the master to satistr the I :' I;' ' ' rcotnbliitn0e'of'thEiCori-ventibn under these ;:i.r. ,,,,regillatiOtfs;, ,, ,l '.:.t':..:".,. .:i.' ,. :i ',': - ., :.: . :.;.r :r :;i(fiI), . tOffghoyejinstcltrdiofl?,rmeans any installation which is intended for underwater exploitation ii:, "i'./i1 ,:,ii ;:ii .rirbf rit'rihbt&t,,rds6mtib's; tll exsloration with a ' : , fieryitosirchexploftati6n; i^.,:i1 tji,.ii:.i;r;r;.4i1,'rr;il:.;li: rr-;.',:rt,it-.r:;i;'ar.'fr:.i , t,,,", I 1 1,'; r ; ($ 1ollqualified',ship's,nook'1 rneans a person who , ';i ,1i, -,rii.:.,,rthasl,,betri,..issued ,vritlrl,a valid ship's cook certificate which has,inot expired or been cancelled or suspended; , (o) !'seagoing?'in rclaJis-rl.to a ship has the same me4ningasinthO4oft.r r .': l:,.:r '.:; 1:'' . (p) lsnb'lmeans 4,sh!p,or hovercraft other than ,. , ,,, , ,, j , ong,wlich ,l,fgates.,,e;clusively in inland r,, ., : I, \yaters.ofwaterswithii."orcloselyadjacentto, sheltered j.w4tq1si.i .or:. &r€&s where port regulations apply; .)' ', tl , ,. ,'>' ;;. (0' t'!hip'scookcbrtifiiate"'riieans (n a 'certificate of bompetency as a ship's cook issued uridEr regul ationlT (2); ,':i:i, , ,,i1, , : '.,(ii); 'ii,Certifleate,Srrhibh urtder regulation 18 ..,j:rr 'r. i, ,, ., ,:'!.has effect as if it were a certificate of competeri0flirii!::'[: ship's cook issued underregulatiop \7;., " .i;,'.t,li ..:i , :i: :: t'.: jt' :: :\ra' '-rlr" ,,',I: ,i!r' iii I ., ii : :,, I . (iVt,a, eertifiCate',qlhiChthe,Administration . i'. r.: .r:.: : r",J;.,.: has,speoified,,iilthe,lvletchant Shipping .:r": i,.. ;,:Noticetas'equivalert to a certificate of Supplarne nt,,to:' Offi. aiql,'Gaz q tte ;r..ii'..ir rir:tl.,,f r :r,:icotgpCItg{.t}}4asi&,-Shiplscookissuedunder ' ii 1,,,i.. : ,,. : : tl' ;,i : t',t :, r,f,€EUlatiqqitrTi :',',,'.. ; :. . : l"t:;:'ir,'.1'1,;i .!jIl:r..l rj;ii.;l',Ii ;,i:l ii.r,r.l'.:lll ,.: ,: ;': ' .',ii tij ,;(r).' li*lip,o.ry,nerii"rne@ns,:-. , ; ' I i .t ,: .,,,..,:;j :ri.,rrir .'.(d,.,in rplation to,a ship h?,yirg a Maritime Labour Cqrtifi.,galq 91 interim Maritime Labour Certificate, the person identified ,. t,';.;i. ! i,ri: i ,.iii: .ri;,'.'r&s ths$hi@wnef oethatCe.ftificate, or , ,rt($i),"t in rslA.tiou tq @" y'odrer.Sip, the owner or ' an,+n$hEe .ar.piSation,Qr person such as the manager, or the bareboat charterer, .i,: i ::':'., i, fli61:,has, assumed; the r€sponsibility for : , r : r, " r:tho bperation;of the ship from the owner; and , r .1,. (iit) wlro assuming such responsibility" has ' i- " agreed' to take over the duties and responsibilities imposed on shipowners in accordance with the Convention, '' ' " 'r''1'eBaldless' of whether any other or$anisation or persons fulfill certain of the duties orresponsibilities onbehalf of G) illeygle[esslqip"4eangashipwhichis ,0) , ,a.Seyphelles ship-withiu the meaning of ,,, I,,,', ",, "PartIII ofthcAct; or ,, ,,.:i!,..:,, ,(ii),.a Governqgnt ship which is ordinarily ,,,,",,,-, ..,:,...::. e4gagqd in cornmercial maritime , ,i, ,,., .,' l::' QPQf€tiOnS;, (t) "STCW Convention" means the International , :,: t ,,!t,'C.onventiorl,.orl: ,Standards of Training, I: :. :r;, r''rCeftification'and Watchkeeping for Seafarers ,'. :,,,.. . l9TS,asamendedfromtimetotime. l29thMay 2015) Supplement to Official Gazette 195 (2) The words used in these regulations and not defined, but defined in the Convention shall have the meaning as assigned to it in the Convention. (3) Any reference in these regulations to a Code of Practice is areference to that Code forthe time being in force. (4) For the puqposes of these regulations, .,competent authority", in reference to Seychelles, shall be deemed to be the reference to the Administration. 3.(1) 'In these regulations aseafarer,, means any person, including a master, who is employed or engaged or wbrks in any capacity on board a ship, but does not include (a) a person undergoing fraining in a sail training vessel; or (b) a person who is on board a sail training vessel other than for training but (, is not engaged in of responsible for the navigation of the vessel; and (iil has no emergency safetyresponsibilities onthevessel, or (c) apilot; (d) a person carrying out advisory or inspection . activities on behalf of the Administration or publicbodyonboard; (e) a person who works on board on behalf of a shipyard or of a systems manufacturer for no longer than 96 hours in order to implement warrantee or guarantee work or other work necessary on board or to give instructions to thecrew; ldcaning of seafarer Igq S:!rylrynt to Official Gazerte l}gthMay 20151 (0 a person who works on board for less than96 hours in order to carry out repairs or maintenance work urgently needed and which cannot not be carried out by the crew members themselves; (g) a shipowner or his or her employees who, on the basis of the itinerary, is not permitted to work on tloard for more than 72 hours; (h) a cargo inspector who, on the basis of the itinerary are not permitted to work on board for more than 72 hours; (i) a person working on board for the entertainment of the passengers for a period not exceeding 72 hours; O a scientist who works on board temporarily; (k) a person who is on a ship in order to carry out special activities from there in order to construct, alter or operate strucfures, artificial islands orother systems at sea; (l) a pupil who is serving an internship on board from technical and nautical schools and universities; (rm) .a studentofarey university undergoing training at trainiry facilities and undergoing practical training and sea-service experience on a ship forthispurpose; or (n) a pupil who is granted an insight into the practice of seafaring professions during the school holidays withsut such persons working on bard on a contractual basis ; (o) ahelmsmanontheKielCanal; or [29th May 20ls] Supplement to Official Gazette t97 (p) a security staffofa licensed private security company. ' @ Notwithstanding paragmphs (e), (f) and (g), the Administration may permit, on request by the employeior the shipowner, that a person specified in paragrapd (e), (f) and (g), may work on board beyond the period specifiea Aesifiatea therein without being a seafarer, as long as (t) the activity takes place or is to take place on a specific voyage;.. (iil an activity on board is necessary beyond the said period to perform a sfecific task which ' cannot be performed by the crew members working on board in accordance with the provisions of the regulation relating to safety ofships; and . (ii, thedeploymentdoesnotexceedthreeweeks. (3)' The Administration may, while granting any perrnission under subregulation (2), reskict the period likely to be necessary for the activity, which shall noi exceed three weeks. (4) A copy of the permission granted. under subregulation (2) shall be kept on board the ship. (5) In subregulation (1) "sail training vessels" means a sailing vessel being used to provide instruction on (a) the principles ofresponsibility, resourcefulness, loyalty and team endeavour and to advance education in the art of seamanship; or (b) navigationandseamanshipforyachtsmen.' 4.(1) Theseregulationsapplyto- Application 198 'supplement to Official Gazette lzgth May 20151 Implementation ofConvention (a) a seagoing Seychelles ship, wherever the ship maybe; . (b) a seagoing ship, other than Seychelles ship, whilethe ship isin Seychelleswaters; ant (c) aseafarer. (2) These regulations do not apply to (a) pleasurevessels; O) fishingvessels; (c) shipsoftraditionalbuild;and (d) warshipsornavalauxiliaries. (3) Any question as to whether these regulations apply to a ship or a particular category of ships, a person falls under any category of seafarer, shall, after consultation, be determined by the Adminisffation. PART II. MINIMUM REQTIIREMENTS 5. The Administration shall be responsible for the implementation of the Convention in accordance with these regulations and ensure that every seafarerhas the rtghtto (a) a safe and secure workplace that complies with safety standards; (b) fairterms ofemployment; (c) decent working and living conditions on board . ship; and (d) health protection, medical care, welfare . measuresandotherformsofsocialproteetion. [29th May 2015] Supplement to Official Gazette 199 6.(1) The Administration may, after consultation, Exceptions determine that all or any ofthe requirements ofthe Convention and exclusions shall not apply to a ship of less than200 gross tons not engaged on international voyages, in accordance with Article II(6) of theConvention. (2) The Administration shall determine the area of Seychelles waters which are within or closely adjacent to shelteredwaters or areas where the HorbourAct apply. 7.(l) Every shipowner and the master of a Seychelles ship shall comply with these rejirhtions and shall ensure that the ship complies with the requirement set out in the Schedule appended to these regulations. (2) A person upon whom an obligation is imposed by, or to whom a direction is given pursuant to these regulationi shall comply with such obligation or direction, as the case may be. (3) Where any person or entity, other than the shipowner or master, has control of any matter under these regulations or has responsibility for that matter in relation to the operation of a ship, the obligation imposed under these regulations shall extend to that person. (4) Every shipowner and the master shall take all reasonable steps to ensure that a person referred to in subregulation (3) is aware of the obligation impobed and is capable of performing such obligation. (5) In complying with any requirement of these regulations, the person doing so shall take into account any Guideline of the Convention; and it shall be a defence to a charge ofnon compliance with these regulations that the action taken was in accordance with such Guidelines. (6) Any question as to the meaniug or extent of any General compliance duty 200 Supplement to Official Gazette [29th May 2015] Cariage of documents Detentiotr' Fraud, misuse of certificate, etc. requirement of the regulations shall be determined in accordance with the Gr.ridelines ofthe Corvention. (7) Every shipowner and the master of a ship which is not a ship of Seychelles, when in Seychelles waters, shall comply with the Convention in the manner determined by the national authority ofthe ship's flag state and in the case ofships flying lhe flag of a State which is not a parly to the Convention, the shipowner and master shall ensure that the ships meet with the Standards laid down in the Convention. (8) Any person who contravenes provisions of'this regulation, commits an offence and is liable on conviction to a fine of SCR10,000, or to imprisonment for a term not exceeding 12 months, orto both such fine and imprisonment. 8. Every ship of Seychelles shall carry a copy of the Convention and a copy of these regulations which shall be available to all seafarers working onthe ship. g. Where a ship does not comply with the Convention and the laws of its flag State, the ship shall be liable to be detained, provided that a ship shall not be unreasonably delayed or detained. 10.(1) Nopersonshall (a) without valid authority intentionally alter a certificate or declaration issued for the purposes of the convention or these regulations; (b) falsely make a certificate or declaration referred to in the Convention; (c) knowingly or recklessly furnish false information in connection with any survey required by the Convention; l2gthMay 20151 Supplement to Official Gazette 201 (d) with intent to deceive, use, lend, or allow to be used by another, a certificate or declaration referredto inthe Convention; or (e) fail to surrender a certificate or declaration to be surrendered issued for the purposes ofthe Convention (2) A person who contravenes subregulation (1). commits an offence and is liable on conviction to a fine of' SCR10,000, or to imprisonmers for a term not exceeding 12 months, or toboth such fine and imprisonment. 11.(1) Apersonwho .o"ff;[a," (a) obstructs any inspector or authorised offrcer in inspections . the exercise ofhis powers under the Schedule; O) without reasonable excuse fails to comply .' with any requirement made by an inspector or authorised officer acting in exercise of his powers inthe Schedule; or (c) knowingly gives a false answer to any question put to him by an inspector or authorised officer acting in exercise of his powers inthe Schedule, \ commits an offence and is liable on conviction to a fine of SCR10,000, or imprisonment foi a term not exceeding six months orboth such fine and imprisonment. PART III - CREWACCOMMODATION 12.(1) Every ship shall comply with the reqrdrements crew relating to crew accommodation set out in Merchant Shippiog ffiffi#* Notice. Supplement to Official Gazette (2) The crew accommodation shall be cleaned and maintained to conform with the he requirements set out in Merchant Shipping Notice. (3) The master or a person authorised by the master, at no longerthan monthly intervals, shall (a) inspect (il thecrewaccommodation;and (ii) the cleanliness and maintenance of the crew accommodation; and (b) record the findings of that inspection in the official log book ofthe shiP. (4) A ship, whether Seychelles ship or non Seychelles ship, constructed after the date of the commencement of this regulation and all of its eqrripments shall comply with' the re(uirements of Regulation 3.1 and Standard A3.1 of 'the Convention (5) A ship shall be deemed to have been constructed on the date when its keel is laid or when it is at a similar stage of construction. (6) The master or a person acting under the master's authority shall (a) carry out inspections of a ship to which this regulation applies in accordance with StandardA3. 1. 1 8 ofthe Convention; and (b) record the findings of such inspections and keep them available for review. (7) If a ship proceeds or attempts to proceed to sea or on a voyage or excursion without complying with the l29thMay 20ts) Supplement to Official Gazette 203 requirements of this Part, the shipowner commits an offence and is liable on conviction to a fine of SCR10,000 or to imprisonment for a term not exceeding 12 months, or to both such fine and imprisonment. (8) If a ship proceeds or attempts to proceed to sea or on a voyage or excursion without complying with a condition or limitation of an exemption under regulation 6 or of an approval under regulation 7, the shipowner commits an offenceind is liable on convictionto a fine of SCR10,000 orto imprisonment for a term not exceeding 12 months, or to both suLh fine and PART tV - FOOD AND CATERING 13.( 1) The shipowner and the master of a ship shall ensure that food and drinking water are provided on the ship which (a) are suitable in respect of quantity, nutritional value, quality and variety, taking into account (t) the number of seafarers on board and the character, nature and duration of the voyage; and (ii) the different religious requirements and cultural practices in relation to food of the seafarers onboard; (b) do not contain anything which is likely to cause sickness or injury to health or which renders any food or drinking water unpalatable;and (c) are otherwise fit for consumption. (2) The shipowner and master of a ship shall ensure that food and drinking water provided in accordance with subregulation (1) are provided free ofcharge to all seafarers while they are on board. Provision of food and drinking water Swpplement to Official Gazette Organisation and oquipment ofcatering deparffnent Inspection of food and catering provision 14" The shipowner and the master of a ship shall ensur€ that (a) food and drinking water which are provided for seafarers are stored and handled; and (b) the catering department is organised and equiPPed, in accordance with the requirements set out in Merchant 'shippingNotice. 15.(l) The masier of a ship shall ensure that, not less than oncearnonth (a) the supplies of food and drinking water on board iie inspected to check compliance with regtrlations 13 and 14; and (b) the catering departnent and its equipment are inspected to check compliance with regulation 14. {2) An inspection under subregulation (l) shall be carriedoutby (a) themaster; or (b) a person authorised by the master, together with a naernber of catering staff. (3) Ttre. master strall ensure that the results of any inspeciion urder subregulation (1) are recorded in the offrcial logbookofthe shiP. 15.(1) This regulation applies to a seagoing Se^ychelles ship which ordinarily operates with 10 or more seafarers on board. (2) Subject to subregulations (3) and (4), the shipowner and the master-of a ship to which this regulation applies shall Requirement to carry aqualified ship's cook l29thMay 20rsl Supplement to Official Gazette 205 ensure that the ship does not proceed to sea unless a qualifred ship's cook is on board. (3) In circumstances'of exceptional necessity, the Administration may grant an exemption from the application of subregulation (2) (a) untilthenextportofcall;or (b) for a period not exceeding one month, but only if there is a.person ontoard the ship who is trained or instructed (in areas including food and personal hygiene and handling) in accordance with the requirements of Merchant ShippingNotice. (4) The Administration may approve in respect of a particular ship, or in respect of ships of a particular description, requirements which, when taken together with the conditions and limitations to which the approval is subject, the Administration considers are su6itantially equivalent to the requirement specified in subregulation (2) to have a qualified ship's cook on board. (5) The Administration may grant an exemption or approval, in writing, in compliance with the requirement of the Convention, subject to such conditions and limitations as it consider necessary. 17.(I) Inthisregulation (a) "eligible person" means a person who Certificate of competency as a ship's cook (, is l8yearsofageorover; (it) has completed a specified training course and passed a , specified examination . for ship's cooks at a specified institution; and Supplement to Official G-gt" l2gthMay 2015 (iii) has served for not less than one month at sea; and O) "sperified'means specifiedbytheAdministation in Merchant ShiPPing Notice. (2) If an eligible person applies to the Administration for the'issue of a certificate or an approval of competency as a ,hip't .ook and pays the appropriate fee (if any), the Administration shall (a) issub a certificate of competency in duplicate; (b) deliverthe original to the eligible person; and (c) retaintheduPlicate. (3) The Administration may, before issuing any certifriale or approval, require the applicant to produce such certificutes of &ischarge and such otlier certificates as may be ".".ss*V to establishlo the satisfaction of theAdministration that the applicant meets the criteria for an eligible person prescribed in subregulation (1 ) (a). (4) A record of all certificates of competency issued .rrder tt is regulation, including the suspension, cancellation or alteration thlreof, and any oiher matters affecting a1V suc! ".Jntut", shall 6e kept by the Regisffar of Shipping and Seamen. (5) IfaneligiblePerson (a) satisfies the Administration that a certificate issued to that person has been lost, destroyed or taken away without fault on that person's Part; and (b) PaYs the aPProPriate fee, the Administration shall issue a copy of the certificate to that person. [29th May 20ls] Supplement to Official Gazette 207 (6) The copy ofthe certificate, before it is issued under subregulation (5), shall be certified as such by the Registrar of Shipping and Seamen. 18.(l) Subject to subregulation (2), a certificate of competency which is treated as an equivalent under these regulations and which is valid prior to the entry into force of these regulations has effect as if it is a certificate of competency as a ship's cook issued under regulation 1 7. (2) A certificate referred to in subregulation (1) shall be valid for a period of 5 years from the date of cofllmencement of these regulations, unless it is suspended or cancelled earlier. 19. The shipowner and the master of a ship shall ensure that (a) every member of catering staff is properly hained or instructed for their position in accordance with the relevant requirements set out in Merchant"Shipping Notice; and (b) any person processing food in the galley is properly trained or instructed (in areas including food and personal hygiene and handling)in accordance with the relevant requirements set out in Merchant Shipprng Notice. 20.(l) Where the shipowner or the master contravenes regulation 13,14 or 19, he commits an offence and is liable on conviction to a fine not eiceeding SCR10,000 or 'to imprisonment for a term not exceeding 12 months, or a fine, or both such fine and imprisonment. (2) Where the master contravenes regulation 15(l) or (3), he commits an offence and is liable on conviction to a fine Recognition of existing certificate of competency Training requirements for catering staf and persom processing food in galley Penalty for contravention of regulation 13, 14 and 19 208 Supplement to Official Gazette l29thMay 20151 Food and catering requirements for'non Seychelles ships with certificates not exceeding SCR10,000 or to imprisonment for a term not exceeding 12 months, orboth such fine and imprisonment. (3) In any proceedings for an offence under this regulation, it is a defence for the person charged to prove that all reasonable steps had been taken by that person to ensure the compliance with the requirements of the provisions of the regulation. 21.(1) This regulation applies to a non-Seychelles ship having Maritime Labour Convention compliance certificate. (2) A ship to which this regulation applies shall comply with the requirements of Regulation 3.2 and StandardA3.2 ofthe Convention. (3) The shipowner of a ship to which this regulation applies and the master of such ship shall comply with the requirements of Regulation3.2.3 and Standard A3.2.3 of the Convention (4) The master or a person acting under the master's authority shall (a) carry out inspections of a ship to which this regulation applies in accordance with StandardA3 .2.7 of the Convention; and (b) record the findings of such inspections and keep them available for review. (5) If a ship proceeds to sea in Seychelles waters or attempts to proceed to sea or on a voyage or excursion in Seychelles waters without complying with the requirements of subregulatiort (2), the shipowner commits an offence and is liable on conviction to a fine of SCRl0,000 or to imprisonment for a term not exceeding 12 months, or both such fin6 and imprisonment. [29th May 201s] Supplement to Official Gazette 209 (6) Aperson who contravenes subregulation (3) or (a) commits an offence and is liable on conviction to a fine of SCR10,000 or to imprisonment for a term not exceeding 12 months, or a fine, orboth such fine and imprisonment. (7) In any proceedings for an offence under this regulation, it is a defence for the person charged to prove that all reasonable steps had been taken by that person to ensure compliance with the provision ofthe regulation. PART V. MEDICAL CARE 22.(l) This Part applies in relation to a seafarer who experiences any sickness or injury which first occurs (a) during a period starting from the date on which that seafarer's seafarer employment agreement commences and ends on the date on which the shipowner's duty to repatriate thatseafarerends; or (b) subsequent to the period referred to in paragraph (a) but caused by circumstances or events arising during that period. (2) Subject to subregulations (4) to (6), the shipowner shall meet any expenSes reasonably incurred in connection with the seafarer's sickness or injury except if (a) the rnjury incurred otherwise than in the service ofthe ship; (b) the injury or sickness due to the willful misconduct of the sick, injured or deceased seafarer; or (c) the sickness or infirmity intentionally concealed when the engagement is entered into. Shipowner duty to make provision for seafarer medical and other expenses (3) The expenSes incurred in connection with a sickness or injury include the expenses (a) of surgical, medical, dental or optical treatment (including the repair or replacement ofanyaPPliance); and (b) forboardandlodging. (4) The liabitity under subregulation (2) does not affect any tiaUitity of the shipowner under any other regulation ,.iutirg to repatriatlon of seafarers, and does not apply in respeci of anyi*perrset met by the shipowner under that duty' (5) Subject to subregulation (6), the liability under subreguiatior, (Z; is limited to the expenses inc,rred during whichever of the following periods is the shorter (a) a period of 16 weeks beginning on the day on : which the sickness or injury first occurs; and (b) a period beginning on the day on whigh the sickness or injury first occurs and ending on the day on whieh a certiffing medical practitioner notifies the seafarer ofa decision that (t) the seafarer is not fit to carry out the duties which that seafarer is required to carry out under the terms of that seafarer's seafarer emPloYment agreement, and (ii) the seafarer is unlikely to be fit to carry out duties ofthat nature in the future. (6) Where subregulation (5Xb) appligl.the liability under'subregulation til shall, if a certiffing m9di3l pru"tition". nitifies the ieafarer that the decision referred to in [29th May 20151 Supplement to Official Gazette 2il that subregulation is reversed, be limited to expenses incurred during the period set out in subregulation (5)(a). (7) If any expenses are incurred by a seafarer to which the liability under subregulation (2) applies, the seafarer may recover the expenses from the shipowner as a civil debt. (8) Where the sickness or injury results in incapacity for work, the shipowner shall be liable for 16 weeks (t) to pay full wages as long as the sick or injured seafarers remain on board or until the seafarers have been repatriated in accordance with the Convention; and (i, to pay wages in whole from the time when the seafarers are repatriated or landed until their recovery. (9) A shipowner who contravenes this regulation commits an offence and is liable on conviction to a fine of SCR10,000 or to imprisonment for a term not exceeding 12 months, or both such fine and imprisonment. 23.( I ) Where a ship has 100 or more persons on board and the ship ip engaged on a voyage which is (a) an international voyage lasting more than 72 hours; or O) a voyage during which the ship is more than 36 hours' sailing time from a port with adequate medical equipment, the shipowner shall not allow the ship to put to sea or if it is akeady at sea, to remain at sea, unless a medical practitioner is deployed on board the shiF. (2) A shipowner who contravenes subregulation (l) commits an offence and is liable on conviction to a fine of Duty to carry a medical practitioner on ship 212 Supplement to Official Gazette [29th May 2015] Right to medical attnetion SCR10,000 or to imprisonment for a term not exceeding 12 months, or both such fine and imprisonment. 24.(l) When a ship is in a port of call, the shipowner shall (a) permit a seafarer to seek medical attention, where reasonablY Practicable ; and (b) provide health education and promotion programs of preventative character as far as r"easonablY Practicable,. (2) A shipowner who contravenes subregulatio" (1) commiis an offence and is liable on conviction to a fine of SCRI0,000 or to imprisonment for a term not exceeding L2 months, or both such fine and imprisonment. 25.(1) A shipowner shall provide medical care, including dental'care, and health protective measures for seafarers working on board the shiP. (2) Aseafarer shall have access to promptmedical care at no costs while working on board the ship. (3) A shipowner shall permit a seafarer to visit a ' medical practitioner or dentist in ports of call, where practicable, withoutdelay and atno cost. (4) A standard medicalrenort form shall be adopted and that form shall be used by the ships' master. (5) The filled form referred to in subregulation (4) and its contents shall be kept confidential and only be used to facilitate the ffeatment of seafarers. (6) Amedicine chest,medical equipment and amedical guide stratt be carried and maintained on board a ship and be inspected at intervals notexceeding 12 months. Medical care [29th May 201s] Supplement to Official Gazette 213 (7) Where a medical practitioner is not on board a ship, the shipowner shall ensure tliat a seafarerwho works onboard ah; rhtp and who has satisfactorily completed training in medical care in accordance with the Convention, is (a) in charge of medical care and administering medicine;and (b) competent to provide medical first aid' (S) The Administration shall, in consultation with the authori( responsible for Health, ensure bV 1.nreg*g.:d wr,"-ifrra meaicat advice,includin-g expert advice, by radio o". rut"[it. .ommunication is available to ships 24 hours a day. (9) A shipowner who contravenes this regulation commiis an offence and is liable on eonviction to a fine of scnio,ooo or to imprisonment for a tenn not exceeding 12 months; or both such fine and imprisonment' 26.(l) A ship to which this regulation applies shall .o-piy' *itft in. requirements of Regutation 4'l and Standard A4. 1 of the Convention' Q) The master or a person acting under the master's authority shall (a) carry out inspections-of a ship in accordance with StandardA4' I ofthe Convention; and (b) record the findings of such inspections and keeP them available for review' (3) Ifa ship to which this regulation applies proceeds to sea in beychelles-watersjr ale.:.npts to proceed to sea or on a voyage or excursron in Seychelles waterg without complying *iitrit e requirements of subregulation (l), the shipowner commits urr^off"n"" and is liabli on conviction to a fine of iCnf OpOO or to imprisonment for a term not exceeding 12 months, or to both such fine and imprisonment' Medical care requirements for non-Seychelles ships l29thMay 2015 Shipowner liability for seafarer unemployment and losses following wreck or loss of ship (4) A master or a person, acting under master's arlthority, who contravenes subregulation (2) commits an offence and is liable on conviction to a fine of SCR10,000 or to imprisonment for a term not exceeding 12 months, or to both such fine and imprisonment. (5) In any proceedings for an offence under this regulation, it is a defence for the person charged to prove that all reasonable steps had been taken by that person to ensure compliance with the provisions in question. PART VI - SHIPOWNERS' LIABILITY Z7 .(I) This Part applies in relation to a seafarer working on a ship which is wrecked or lost. (2) Subject to subregulation (3), if the wreck or loss of the ship causes the seafarer to be unemployed, the shipowner shall pay to the seafarer an amount equivalent to the wages which would otherwise have been payibte under the seafarer employment agreement for the pirioa the seafarer remainsunemployed. (3) The liability of the shipowner under subregulation (2) ends on the day which is two months after the daie of the wreck or loss ofthe ship. (4) Subject to subregulation (5), if the wreck or loss of the ship causes the seafarer to suffer injury or loss, the shipowner shall pay to the seafarer compensation (5) In relation to loss other than personal injury or {"uth, the liability of shipowner under subregulatiori t4l i, limited to the amount specified (if any) in ttre ,.rf*", empioymentagreement. (6) A seafarer may recover any sum due from the shipownerunder subregulations (2) or(4) as acivil debt. [29th May zALs] Supplement to Official Gazette 215 28.( 1) A shipowner shall not allow a ship to put to sea, or if it is already at sea, to remain at sea, unless the requirement under subregulation (2) is complied with. (2) The requirement referred to in subregulation (l) is that there is in force a contract of insurance or other s€curity adequqte to ensure that the shipowner will be able to rneet any liability in respect ofpayment of compensation in the event of death or long term disability to seafarers arising from occupational *jury, illness or hazard. (3) The liability of the shipowner referred to iu subregulatibn (2) include liabilities arising under (a) Regulation 4.5 and Standard A 4.5 of the Convention;and (b) the seafarer employment agreements of seafarers working on the ship. (4) A shipowner who contravenes this regulation commits an offence and is liable on conviction to a fine of SCR10,000 or to imprisonment for a term not exceeding'1,2 months, or both such fine and imprisonment. 2g.(l) Subject to subregulation (8), this regulation applies in relation to a seafarer who experiences sickness or injury which (a) first occurs during a period which ctarts on the date on which that seafarer's employrnent agreement commences and ends on (, the date on which the shipowne/s liability to repatriate that seafarer ends; or (ii) if there is no such liability, the date on which the seafarer ernployment agreementends; or Finncial seour$ r.equirement Shipowoer liability for wagEs following sickness or injury sustainedby seafarer [29th MaY 2015 (b) first occurs subsequent," ,ff ,r:Jr.*:::ti under ParagraPh (a) b circumstances or events arising during that period, and results in the seafarer's incapacity forwork' (2) If the seafarer does not receive the full wages ,ravable'under the seafarer employment agregmenJ fot^tg I"i"O trrtii"* "r.ft. date of the *iur or the first day ofthe ["t""* i.]"tiJio in subregulation (t) and ending on the date ""*tti"t tt e seafarefis repafoated or otherwise leaves the ship' ;;;"Jhd;;;i ttuu pavto the seafarer sums equpl to the differencebetween (a) any wages received by the seafarer for that Penod under that agreement; and (b) the full wages which would have been payable to the seafJrerunder that agreement if the \ seafarer had remained fit for work throughout thatPeriod' (3) Subject to subregulatiop (a) and (5), if,tlt-1?qt:: remains'incapacitated for work for the reason descrtbed rn "U[grf",io" 1f; after being 1ep1{ated or otherwise leaving irr. rttTp, una adei ,,oirr.ti'E tni ryu wages.pavabtylt-'11: seafarei employment agreement for the Ptti:g tt"{'ne,91-tll Auy ut.t t"patriation or deparnre from the ship anct endmg on ,# d"t. on which ttre siafarer is again fit for work, the ;i;p;il;Lall pay to the seafarer sums equal'to the difference between (a) any wage: received by the seafarer for that Period under that agreement; and (b) the full wages which would have been payable to lhe ,"ui*t qnder that agregmgnt if the seafarer had remained fit for work throughout thatPeriod' [29th May 2015] Supplement to Olficial Gszette 21V (4) The amount payable to a seafarer under subregulation (3) in relation to any period is to be reduced by an amount equal to any sums which the seafarer is entitled to receive in respect of that period under the Agency for Social ProtectionAct,z}ll or any other written law or arrangements in the country to which the seafarer is repatriatbd under which the seafarer is entitled to similar financial support. (5) The liability of payment under subregulation (3) ends on explry of the period of 15 weeks commencing on the day following the date of the injury or the first day of the sickness referred to in subregulation ( 1). (6) The sums payable to the seafarer under subregulations (2) and (3) shall be paid in the same manner and at the same frequency as wages payable under the seafarer employmentagreement. (7) A seafarer may recover any sum due from the shipowner under subregulation (2) or (3) as a civil debt. (8) Subregulations (1) to (7) do not apply to a seafarer in so faras (a) the injury referred to in subregulation (1) was incurred while the seafarer was not at work; (b) the injuqy or sickness referred to in subregulation (1) was incurred due to the seafarer's wilfu I misconduct; and (c) the sickness or incapacity for work existed on the date on vfhich the seafarer entered the seafarer's employment agreement, and the seafarer deliberately concealed the sickness or incapacity from the shipowner 30.(1) Subject to subregulations (2) and (3), ifa seafarer dies while employed to work on a ship, the shipowner shall meet any expenses reasonably incurred in connection with the seafarer's burial or cremation. Shipowner liability in respect of burial or cremation of seafarer (2) The liability of shipownerunder subregulation (1) does not apply to expenses which are met by a public authoritY. (3) In relation to a seafarer emplgyedJq work on a ship which i. "oiu i.v.n.[es ship, the liability of shipownerunder subregulation (1) does nof apply to expenses which are incunid in relation with cremation' (4) The legal heirs ofthe seafarer rnay recover any sum due from th; ;hid;r* under subregulaticjn ( 1) as a civil debt. (5) The shipowners 9r their representatives shall take measures fb;;6i"tding the property left on board by sick' injured o, a...u.Ja ,.uf*.rr ind for returning to them or to theirnextofkin' Repatriation , 31.(1) A shipowner shall repatriate a seafarer at no cost of the seafarer (a) where the seafarers' employment agreement \ / expires while the seafarer is abroad; (b) upon the expiry of the-period of notice giYe'-'n \-/ aicordance- 'i,itn the provisions of the seafarers' employment agfeement' wherS 4e seafarers' employment agreement rs terminated- . (i) bYthe shiPowner; or (ii) by the seafarer forjustified reasons; (c) where the seafarer is no longer able to carry out the seafarer's duties under the employment agreement or cannot be expqcted to carry out the duties inthe specific circumstances' (2) AshiPownershall- \ [29th May 2015] Supplement to Official Gazette 219 (a) not require a seafarer to make an advance payment towards the cost ofrepatriation at the beginning ofthe seafarer's employment; and (b) not recover the cost of repatriation from the seafarers' wages or other entitlements, except, the seafarer has been found, to be in serious default of the seafarer's employment obligations under the law or collective bargaining agreements. (3) A shipowner of a Seychelles flag ship shall provide the recognised organisation with evidence of financial iecurity to ensure that seafarers are duly repatriated. (4) Notwithstanding subregulations (l) to (3), a shipowner may recover the cost of repatriation under thfud pa.rty contractual arrangements. (5) Where a shipowner fails to make arrangements for, orto meet, the cost ofrepatriation of seafarers (a) the Administration shall arrange for repatriation ofthe seafarers, and recover the costs incurred in repatriation ofseafarers from theshipowner; (b) the expenses ofrepatriation shall in no case be a charge upon the seafarers, except as provided in subregulation (2); and (c) the ship or other ships of the shipowner may be detained by the Adminishation until the reimbursement has been made. (6) A copy of this regulation, written in English, shall be carried on board a Seychelles flag ship and shall be available to seafarers. 220 Supplement to Official Gazette [29thMay 201s] Inspections of ships Inspection of non Seychelles ships with certificates Detention of ships (7) A shipowner who contravenes this regulation cofilmits an offence and is liable on conviction to a fine of SCR10,000 or to imprisonment for a term not exceeding 12 months, or a fine, or both such fine and imprisonment. PART VII . MISCELLAI{EOUS 32. An inspector may, for the pulpose of ensuring the compliance with these regulations,may atall reasonable times go on board a ship and inspect the ship, its equipment any article and any document carried on it. 33.(1) Aninspectormay (a) review the ship's Maritime Labour Certificate and Declaration of Maritime Labour Compliance or the ship's interim Maritime Labour Certificate; (b) where Standard A5.1.3 of the Convention applies, carry out a detailed inspection, in accordance with that Standard. (2) Where the inspector carries out any inspection of a ship under subregulation (1), the provisions of regulation 32 apply. 34.(1) Where an inspector has reasonable grounds for believingthat (a) a ship is not in compliance with these regulations; and (b) the non-compliance represents a significant danger to the safety, health or security ofseafarers; or a serious breach of the requirements of these regulations, (i) (i, [29thMay 20Is] Supplement to Official Gazette 221 that ship is liable to be detained. (2) The power under this regulation to detain a ship may only be exercised ifthe ship in question is (a) aSeychelles ship; (b) in a port or shipyard in the Seychelles; or (c) at an offshore terminal in Seychelles waters or controlled waters. (3) Where a ship is liable to be detained under this regulation, the person detaining the ship shall serve on the master ofthe ship a detention notice which (a) states the grounds forthe detention; and (b) requires the terms ofthe notice to be complied with until the ship is released. (4) Where a ship other than a Seychelles ship is detained, the Administration shall immediately inform the c91sul or diplomatic representative ofthe State whose flag the ship is entitled to fly or the appropriate maritime authorities of that State. (5) Where a ship is detained under subregulation (1) but the failure to comply referred to in that subregulation has ceased, the ship, at the request ofthe shipowner or master, shall bereleased (a) 'if no proceedings for an offence under these regulations are instituted within the period of seven days beginning with the day on which the ship is detained; (b) if proceedings for an offence under these regulations, having been instituted within that period, are concluded without the shipowner or master being convicted; [29th May 2015 (c) if, asecurityof (, a sum of SCR5,500,000 is furnished to theAdministration; or (i, security of an amount which, in the oPinion of the 'Administration is satisfactorY, of not less than SCR4,500,000 is furnished to the by or on behalf ofthe shipowner or master; (d) where the shipowner or master is convicted of an offenoe under these regulations, ifany costs of expenses ordered to be paid by that person' and iny fine imposed on that person, have been paid,or (e) if the release is ordered by a court or tribunal referred to in article 292 of theUnited Nations Convention on the Law of the Sea, and any bond or other financial security ordered by such court ortribunal is Posted' (6) The Administration shall repay any sum P?id i" p*rourr.. of subregulation (5)(c) or release any security so given (a) if no proceedings for an offence under these regulations are instituted within the period oJ seven days beginning with the day on which the sum is paid or the security is given, or O) if proceedings for that offence, having been instituted *itt in that period, are concluded without the shipowner or master being convicted. [29th May 2015] S"pplement to fficial Gazitte 223 (7) Where a sum has been paid,,or security has been given, by any person in pursuance ofsubregulation (5)(c) and the shipowner or master is convicted of an offence under these regulations, the sum so paid or ttre,amount rnade available (a) first in payment of any costs or €xpenses ordered by the court to be paid by the shipownerormaster; and '] l (b) next'in payment of any fine imposed by the court, and ahi balance must be repaid to the first-mentionedperson. 35.( 1) The Administration shall, from time to time Review (a) carry out a review of the compliance of these regulations and the Convention; O) set out the conclusions of the review in a report; and (c) publish the report. (2) In carrying out the review uoder subregulation (l), the Administation shall have regard to experience of other member States in the implementation ofthe Convention. (3) The report referred to subregulation ( 1) shall (a) set out the objectives intended to be achieved by those regulations; (b) assess the extent to which those objectives are achieved; and (c) assess whether those objectives remain appropriate and, if so, the extent to which they 224 Supplement to Official Gazette [29th May 2015] Penalty for non compliance of these regulations could be achieved with a system that imposes lessregulation. (4) The review under this regulation shall be oonducted before the end of a period of 5 years from the date of commencement of these regulations and thereafter such review tobe conductedinevery 5 years. 36.(1) A person who contravenes any provisions of these regulations or the Schedule, for which no penalty has specifically been provided, commits an offence and is on conviction liable io a fine of SCRI0,000 or to imprisonment for a term not exceeding 12 months, or to both such fine and imprisonment. (2) In a proceedings for an offence under subregulation ( 1), it shall be a defence for the shipowner or the master to prove thathe didnothave control ofthe mattertowhichthe offence or he did not have responsibility for that aspect of the operation of the ship and that regulation was complied with. SCIIEDTJLE lRegulat,ion 7(1)l NATIONAL REQUIREMENTS PART 1 . MINIMUM REQUIREMENTS FORA SEAFARER TO WORI( ON A SHIP 1. MinimumAge. (1) The minimum age of employment of a seafarer shallbe l6yearsold. (2) The employment of or work carried out by young crew members with activities which may place their health or safety at risk shall be prohibited. [29th May 2015] Supplement to Official Gazette 225 (3) In accordance with subparagraph (l), young crew members shall not be employed or assigned with work (il which is beyond their physical or mental ability; ' (i, in which they are exposed to moral dangers; (iii) which entail accident risks where it is to be presumed that young crew members are unable to recognise or avert them because of a lack of safety'consbipusness or experience;'. (w) in which their health is endangered by exceptional heat or cold or excessively wet conditions; (t) in which they are exposed to harm from noise, vibrations orradiation; (vil in which they are exposed to harm from hazardous substances above acceptable limits; and (viil in which they are exposed to harm from biological agents above accePtable limits. (4) Subparagraphs (3)(iii) to (vii) shall not apply to young crew members insofar as itis necessaryto achieve the objective oftheirtraining unless they are protected by the appropriate supervision; the air pollution limit regarding hazardous substances in accordance with the relevant laws has not reached. (5) The master shall take the necessary precautions and issue requisite orders for the protection of young crew mernbers against dangers to life, limb and health, as well as to avoid harm to their physigal or mental and emotional development, while considering (t) (il 226 Supptement to fficial Gazette [29th May 2015] O the lack of safety consciousness and experience, as well as of the state of development of youngrcrew members; and (il the generally recognised regulations on safety and oceupational health regulations, as well as of the other established knowledge in the field ofwork science. : (6) The master shall in partlcular exarnine in the case of the following aetivities whcther work by young crew members is ruled out in accordance with subparagraph (5) (n hfting, moving 9r canqrng heavy lgads or objects; (it) enteringboilers, tanks and cofferdams; (iil operating winches and other powerdriven devices and tools or working as a signaller for communication with the persons who operate such devices; handling mooring lines, towing cables or anchor gear; riggingwork; (vl working at heights or on deck in poor weather; (vil watch keeping during the night; (viii) maintaining of electrical systems and devices; (ix) cleaning kitchen devices; or (x) operating ships' boats or taking responsibility for these. " tZ) The mast{r shall, prior to young crew members taking up work and in case of a major change to the working conditions, assess the hazards to young crew members associated with the work. (iv) (v) [29th May 2015] Supplement to Official Gazette 227 (8) The master shall, prior to youpg crew members taking up work, and in case of a major change to the workin[ conditions, provide instructions to the young crew members abou{ the accident and health risks to which they are exposed during work, as uiell as about the facilities and measures for averting these dangers. (9) The master shall, prior to yourig crew members first taking up work at machines and dangerous workplaces or engage in work in which they come into contact with substances that are harmful to health, instruct the young crew members on the particular risks posed by this work and of the conduct to be practiced when carry.ing it out and repeat such instructions at suitable intervals, at least on a six-monthly basis. (10) In relation to crew members who are not employed by the shipowner, the employer or trainer of such crew members and the master shall together ensure compliance of the provisions of subparagraphs (1) to (9) and the employer, the trainer or the person representing the employer shall, in place of the master, be responsible on board to give orders to such crew members for occupational safety and health with the consent ofthe master. 2. Medicalcertilication (1) Every shipowner shlll ensure that prior to beginning work on a ship, all seafarers hold a valid medical certificate affesting that they are medically fittoperformthe duties they are to carry out at sea. (2) A valid medical certificate is a certificate that is issued to a seafarer in accordance with the standards in Regulation Il9 of the STCW Convention and is issued by Seychelles or by another member state which is a signatory to the STCW Convention. (3) StandardsA I .2paragraphs 3 to 10 ofthe Convention shall apply tomedical examinations, medical certificates andthevalidityofcertificates. (4) In cases where a seafarer's medical certificate has expired and it is impracticable to obtain another, the Administration may on application from the shipowner, perrhit the seafbrer to sail for a period not exceeding 3 months provided that the seafarer's previous medical certificate has expired no more than 3 months previously. ?! Supplement to Official Gazette [29th May 20t51 (5) A medical practitioner carrying out medical examinations and issuing certificates on behalf of the Administration shall comply as a minimum with the following requilsmsnfs (i) be a licensed physician; (it) be experienced in general and occupational medicine or maritime occupational medicine ; (ii'F:.Tr"ni:[:i,:l'3i,i:xlff #r-,"Jiii:?ff *HH:x through personal experience of seafaring; ( i v ) Lx f ::ill'31 lxl'E: ff l*llT. fl*tH. ;li' pjy#3 . Medical Fitness examinations for Seafarers (ILO/WHO1D.2fie97); (v) remain absolutely professionally independent from employers, workers and their representatives in exercising their medical judgment in terms of the medical examination procedures ; and (vil be familiar with the World Health Organisation Publication, The International Medical Guide for Ships, andotherapplicable medical guide foruse on ships. 3. Training (1) Subject to subparagraph (2), every seafarer employed on a seychelles ship in a position which is covered by the srcw convention shall be hained and certificated in accordance with the requirements of that Convention as appropriate to his role onboard. (2) A seafarer whose role on board is not covered by the certification and training provisions of the STCW Convention shall receive familiarisation, personal safety on board training and instruction appropriate to their role on board before commencing work on board. [29th May 20ls) Supplement to Official Gazette 229 4, Recruitment (1) The operator of every private seafarer recruitment and placement service in Seychelles, the primary purpose of which is the recruitment and placement of seafarers or whiih recruits and places a significant number of seafarers, shall ensure such a service is operated only in conformity with a licence issued by the Administration. (2) The Administration shall establish, modifu or change such a system of licensing only after consultation. In the event of doubt as to whether thr-s qaragraph applies to a service, the question shall be deterrnined by the Adminishation after consultation. .(:l Subparagraphs (l) and (Z),to the extent determined by the Administration to be appropriate after consultation shall apply to any recrujtment and placement-services operated by a seafarers' organisation in Seychelles for the supply of seafarers who are nitionals of Seychilles to ships whichflyitsflag. (4) Aservice referredtb in subparagraph (3) is (, one which is operatedpursuant to a colrective bargaining agreement between that organization and a shipowner; (i, in relation to which both the seafarers' organization and the shipowner are based in Seychelles; and (iil one in which the Adminishation has authorised the collective bargaining agreement permitting the operation' ofthe recruitment andplacement service. (5) The operator shall ensure that a service referred to in subparagraph (3) is operated in an orderly manner and shall put in place measures to protect and promote seafarers' employment measureJcomparable to the protection provided by subparagraph (7). (6) ' Any seafarer recruitment and pracement service shall not 230 Supplement to Official Gazette l29thMay 201s1 (7) shall (, use means, mechanisms or lists intended to prevent or deter seafarers from gaining employment for which they are qualified; or (i, require that fees or other charges for seafarer recruitment or placement or for providing employment to seafarers be borne directly or indirectly, in whole or in part, by the seafarer, other than the cost ofthe seafarer obtaining a national statutory medical certificate, the national seafarer's book and a passport or other similar personal travel document's not including however, the cost of visas, whicf shall be borne by the shipowner. A seafarer recruitment and placement service in Seychelles (, maintain an up-to-date register of all seafarers recruited or placed through them, to be available for inspection by theAdministration; (ii) make sure that seafarers are informed of their rights and duties under their employment agreements prior to or in the process of engagement and that proper arrangements are made for seafarers to examine their employment agreements before and afterthey are signed and forthem to receive a copy ofthe agreements, (iiil verifu that seafarers recruited or placed by them are qualified and hold the documents necessary for the job concerned, and that the seafarers' employment agreements are in accordance with applicable laws and regulations and any collective bargainlng agreement that forms part ofthe employment agreement; (iv) make sure, asfar as is practicable, that the shipowner has the means to protect seafarers from being stranded in a foreignport; [29th May 201s] Supplement to Official Gazettg 231 (v) examine and respond to any complaint conceming their activities and advise the competent authofity of any (vi) establish a system of:protection, by way'of insurdnce or an equivalent appropriate measwe, to compensate seafarers for monetary loss that they may incS'r as a result of the failure of a recruitmenJ and placement service or :HJ:*:;ilJl?;H:iru*':H:',lH:oempl0v4en'f (8) A shipowner, who use seafarer 'recruitrnent and Plleryent services that are based in countries or territories in which the Convention does . , not apply, shall ensure, as far as practicable, that such services conform to the requiriments set out in StandardAl.4.-of the Convention Td t":h shipowner shal have evidence to demonstrate that the shipowner has taken adequate ! 'steps to veriff this. i: (9) The Adminisffation shall closely supeivise and control :,'recruitment and placement services and ensure adequate machinery for r r handling complaints against the activities of such services' PART 2 - CONDITIONS OF EMPLOYMENT : 5. Employmentagreements (1) The shipowner shall ensure that every-seafarer has a seafarer's "" employmint agreement that is agreed to ar rd signed-in accordance-wi1h-the^ requirements ii sub-paragraphs (a) to (e) ofparagraph 1 qf StandardA.2.l of theConvention. (2) A collective bargaining agrgement ma-Y form all or part.of.a seafareris'employment agreemJnt provided that, if it does, a copy is available onboardinEnglish. (3) A Seychelles.Seafarer's Book mav be y*U lilTr:Xt".*:lemployment on board provided that no statemelt as to the qui farer's work or wages shall be included. 232 Supplement to Official Gazette l29thMay 20151 (4) Intheeventthataseafarerdoesnotholda Seychelles Seafarer's Record Book or wishes the record to be made elsewhere, it may be entered in a seaman's record book from another administration, if held by the seafarer, or may be contained in a certificate of discharge issued by the master provided thatthe requirements as to content in subparagraph (3) shall apply. (5) Every Seafarer's Employment Agreement shall contain the particulars set out in sub-paragraphs (a) to O ofparagraph 4 StandardA ./.l,of theConvention. (6) The duration of.fhe minimum notice periods to be given by seafarers and shipowners on ships for the early termination of a seafarer's employment agreement shall be seven days. (7) A seafarer shall be entitled to terminate an employment agreement without notice and without penalty and in accordance with any collective bargaining agreement that is in place O on compassionate grounds where there has occurred thc death or, a partner or a child, or the death or serious illness ofa parent in the case ofa single seafarer; (it) if the ship is detained for non-compliance with aay provisions ofthe Convention, or the Safety OflifeAt Sea Convention or the Load line Convention and has remained so detained for a period of 30 days; (iiil if the ship in which he is serving is arrested and remains undgr arrest for a period of30 days; or (rv) if the vessel in which he or she is serving is about to sail into a war like area as defined by the Joint War Committee and to which the seafarer does not consent to go. (8) Ashipownermay terminate a seafarer's employment agreement without notice, or on less than 7 days notice, on any occasion when (t) the ship is sold; (ii) the ship is lost; (iiil the seafarer is unable to continue to perform his or her duties on board as a result of injury or iliness; or (iv) it'is estabrished through an agreed disciplinary process that the seafarer is incompet"it o, t a, U6en ir;"i;;Ji; serious misconduct. (ql A seafarers.shall be provided with a copy of the on-board complaintprocedures applicable ontfie ship, which shall io.rrroa (i) :ontlct information for the competent authority in the flag State; (i, contact information fol.the competent authority in the seafarers' counky of residence, the name of a person or persons on board the ship who can, on a confidential basis,provide seafarers withimpartial advice ontheircompllirt*a"trr".*i* assist them in following the complaint procedures availabie ,. ,h;;-;;;;;; the ship. 6. Paymentofwages . (l) The words and expression associated with wages and the calculation and payment of wages used but not defined l, iti. Scf,edule, shall 1ry1,1. ryga1ings rysigned to those words ano erp.es.i"" i, Guideline 8.2.2.I andB.2.2.2of the Cbnvention. (2) The payments of wages due to seafarers shall be made at no greater than monthly intervals and in accordance with the seafarer,s employment agreement and with any cor lective bargaining ugr."*ri;. * -^ " (3) The seafarers shall be given a monthly account of the payments due and the amounts paid and the account shall specifi, at teusi l29thMay 20151 Supplement to Official Gazette 233 (t) wages; (i, additionalpayments;and 234 Supplement to Official Gazette [29th May 2015] (iit) the rate of exchange used where the payment has been made in a crurency or at a rate different from the one agreedto. (4) ,The seafarers shall be provided with an appropriate means to fiansmit all or part of their eamings to their families or dependents or legal beneficiaries in accordance with the measures referred to in paragraph 4of Standard 42. 2 of the Convention. (5) The rate of currency exchange associated with the measures to transmit wages in subparagraph (4) shall be the rates set and published internationally for currency transabtions on the day of transmission and any charges for the service shall be reasonable and shall not include any charges in excess ofthose charged by the banks making the transactions. (6) For the pu{poses of the calculation of wages and payment of wages the requirements in Guideline B 2.2.2 paragraphsl ,2,3 and4 of the Convontion shall apply and unless provided otherwise in an applicable collective bargaining agreement (i) the normal hours per week for calculating basic pay shall be48; (ii) open overtime rate shall not be less than 125 percent of the basic hourly rate computed based on 208 regular working hours per month; and (iit) guaranteed or fixed overtimo phall not be less than 30 percent ofthe basic monthly salary ofthe seafarer. (7) The fixed rate overtime referred to in subparagraph (6)(ifl shall include overtime work performed on Sundays and holidays but shall not exceed eighty five hours a month, 7, Iloursofrest* (1) Hours of rest means time outside hours when the seafarers are required to do work on account of the ship and does not include short breaks of less than one hour. [29th May 2015] Supplement to Oficial Gazette 235 (2) Every seafarer shall be entitled to minimum hours of rest of not lessthan O l0hours inpny24-hourperiod; and (i, 77 hours in any seven-day period. (3) The hours of rest may be divided into no more than two periods, one of which shall be at least six hours in length, and the interval between consecutive periods ofrest shall not exceed 1 4 hours. (4) Time when a seafarer is on call may be regarded as rest time provided that he is not called to work during that time and ifhe is called to work during the time on call he shall be provided with adequate compensatory rest. (5) Musters, lifeboat drills, security drills and other drills and training exercises required by Seychelles laws and by the applicable maritime conventions shall be arranged in such a manner as to minimizethe disturbance to hours ofrest and to avoid fatigue. (6) ' The Administration may, after consultation, agree and approve a collective bargaining agreement that varies from the standards in subparagraphs (2) and (3) to allow for more frequent or longer leave periods, or the grant of compensatory leave for seafarers working on board ships on short voyages provided that the agreement follows the intent ofthe standard. (7) The seafarers who are engaged as Watchkeeping offrcers or as ratings forming part of a watch or whose duties involve designated safety, prevention, of pollution, or security duties maybe exempted from the requirements of subparagraph (3) provided that (, they receive not less than 70 hours rest in any 7 day period; (i, any exception shall not persist for more than 2 consecutiveweeks; and (iit) the period between any two periods of exception is not less than the period of exception. 236 Supplement to Official Gazette [29th May 2015] (S) The seafarers who aie engaged as Watchkeeping officers or as ratings forming part of a watch or whose duties involve designated safety, prevention ofpollution, or security duties may exceptionally have the hours of rest in subparagraph (2) divided into more than two periods, but no more than 3 periods, provided that * O one period is at least 6 hours in length and the other two are not less than I hour; (ii) the intervals between consecutive periods of rest are not morethanl4hours; and (iit) any exception under this paragraph does not extend beyondtrvo 24 hourperiods in any 7 dayperiod. (9) Nothing in subparagraphs (2), (3) or (8) shall be deemed to impair the right of the master of a ship to require a seafarer to perform any hours of work necessary for the immediate safety of the ship, persons on board or cargo, or for the purpose of giving assistance to other ships or persons in distress at sea and the master may suspend the schedule of hours of work or hours ofrest and require a seafarer to perform any hours ofwbrk necessary until the normal situation has been restored and as soon as practicable after the norrnal situation has been restored, the master shall ensure that any seafarers who have performed work in a.scheduled rest period are provided with an adequate period of rest. (10) Atable of the shipboard working alrangements shall be posted in accordance with StandardA2.3 paragraph l0 ofthe Convqntion which shall be in English and in the working language of the ship where that language is not English, and in the format published by the IMO/ ILO in the Guidelines for the Development of Tables of Seafarers' Shipboard Working Arrangements and Formats of Records of Seafarers'Hours of Work or Hours of Rest or in a format recognisably similar. (11) Tlie fecords of seafarers' ilaily hours of rest, in the format published by the IMO/ ILO in the Guidelines for the Development of Tables of Seafarers' Shipboard Working Arrangements and Formats of Records of Seaf,arers' Hours ofWork or Hours ofRest or in a fomtat recognisably similar, shall be maintaired and copies kept on board for a period of 3 years . [29th May 20ls) Supplernent to Official Gazette 2i7 (12) Each seafarer shall receive a copy ofthe records pertaining to him which shall be endorsed by the master, or a person authorised by the master, and by the seafarer. 8. Leave (1) The seafarers on ships shall be entitled to paid annual reave amounting to a minimum of 2.5 calendar days per month of employment paid at the seafarer's normal basic rate of pay or the rate specified in any cofleCtive bargaining agreement where that is higher. (2) The justified abtences from work, periods off work due to illness or injury arising from work on board, and attendance at approved maritime training courses orformaternity shallnotbe consideredannual leave and shall be counted as part of the period of service for the purpose. of calculation of annual leave entitlement. (3) Temporary shore leave granted to a seafarer and Seychelles public holidays shall not be counted as part of leave with pay. (4) Any agreement to forgo the minimum annual leave with pay is prohibited. (5) The seafarers shall be granted shore leave whenever possible and where the operational requirements of their position on board pirmits it and shore leave shall not be counted against the requirement of annual leave. (6) A female seafarer is entitted 14 weeks,paid maternity leave of which not less than 12 weeks shall be taken afterthe dite of confinement, and to 4 weeks' unpaid maternity leave to be taken either before or after paid maternityleave. (7) Where a female seafarer, at any time during her pregnancy, is medically certified as unfit for work on grounds of illness, or of disability arising out of pregnancy or confinement, she is entitled to sick leave in accordance the rules governing the leave. (8) Where a female seafarer, at any time during her pregnancy, is medically certified to the effect that she is unfit for the particular duties for 238 Supplement to Official Gazette [29th May 2015] which she was engaged but may perform alternative duties, she shall, on her request instead of sick leave, be allowed to perform such alternative duties ashore. (9) Where a female seafarer is under a contract for a fixed term her eligibility to maternity leave under subregulation (6) ends upon the date of expiry ofthe contract. 9. Repatriafion (1) Every ship subject to these regulations shall have financial security which covers the cost of repatriation of seafarers in accordance with these regulations. (2) The themselves (n (iit) (iv) (ii) seafarers are entitled to repatriation..at no cost to whenthe seafarer's employment agreement expires while the seafareris abroad; when the seafarer's employment agreement is terminated by the employer in accordance with its terrns; when the seafarer's employment agreement is terminated by the seafarer forjustified reasons; in the event of illness or injury or other medical condition which requiies their repatriation when found medically fittotravel; in the event of shipwreck; inthe event ofthe shipownernotbeing able to continueto fulfiIt his or her legal or contractual obligations as an employer ofthe seafarers by reason of insolvency, sale of ship, change of ship's registration or any other similar reason; and (v) (vi) l29thMay 20151 Supplement to Official Gazette 2i9 (vil in the event of a ship being bound for a war zone, as specified by the Joint War Cornmittee or seafarers' employment agreements, to which the seafarer does not consentto go. (3) The maximum duration of service periods on board following which a seafarer is entitled to repatriation in accordance with subparagraph (2) (iiil shall be specified in his or her employment agreement, but in every case shall not exceed 12 months. (4) The costs to be borne by a shipowner for repatriation under subparagraph (2) shall include thefollowing (, passage to the repatriation destination; (ii) accommodation and food from the moment the seafarer leaves the ship until he reaches the repatriation destination; (iii) pay and allowances from the ,.ro-.rJrh. seafarer leaves the ship until he reaches the repatriation destination; (iv) transportation of 30 kg of the seafarer's personal luggage to the repatriation destination; and (t) medical ffeatment when necessary until the seafarer is medically fitto fravel to the repatriation destination. (5) The repatriation destination shall be the place where the seafarer was recruited unless the employment agreement specifies otherwise or the seafarer and the shipowner agree an alternative and the mode of transport to that destination shall normally be by air. (6) The seafarers shall not be required to make any contribution towards the cost of repatriation at the commencement of, or in advance of their employment and the costs of repatriation shall not be recovered froin a seafarerls wages or other entitlements except in a case where the seafarer is found to have been in serious default of his employment obligations. 240 Supplement to Official Gazette [29th May 20ls] (7) Nothing in this Schedule shall prejudice the right of a shipowner to recover the cost ofiepatriation under third party confractual arrangements. (8) If a shipowner fails to make arrangements for, or to meet the cost of repatriation of seafarers serving in an Seychelles ship who are entitled to be repatriated O theAdministrationshallarrange fortherepatriationofthe seafarers involved; and (i, costs incurred by the Administuation in meeting the obligation under this subparagraph shall be recoverable fromthe shipowner. (9) The expense ofrepatriation shall in no case be a charge upon seafarers except as provided in subparagraph (6). : (10) The right of repaffiation in accordance with these regulations shall not be refused because of the financial circumstances of a shipowner or because of a shipowner's inability or unwillingness to replace a se afarer. (11) If the Administration has repatriated a seafarer pursuant to subparagraph (8) and costs incurred have not been recovered; it may arrest the ship until such costs are reimbursed, subject to any provisions in the Act relating to arrest of ships. (12) Where the details of requirements governing, repatriation are not set out exactly in the seafarer's employment agreement, each seafarer shall have access at anytime and in an appropriate language, to the Seychelles provisions in these regulations. (13) TheAdministration shall facilitate the repatiiation of seafarers serving on ships which call in Seychelles'ports orpass through its territorial or interrial waters, as well as their replacement on board 10. Seafarer'sCompensation (1) In the case of loss or foundering of a ship, the"shipowner shall indemniff each ofthe seafarers onboard against the unemployment causedby l29thMay 201s1 Supplement to Official Gazette 241 the loss, at the basic rate of the wages he would have earned up to a maximum oftwo monthswages (2) Nothing in subparagraph (1) shall prejudice any other rights a seafarer may have for losses or injuries arising from a ship's loss or foundering. (3) The shipowner of a Seychelles flagged ship shall provide the Adminishation with evidence of financial security to ensure that seafarers are duly repatriated. (4) The financial securityundersubparagraph(3) shallbe abondor guarantee through an association of shipowners or other financial security. 11. Manning (l ) All ships shall have a sufftcient number of seafarers on board in the appropriate positions to ensure that they are operated safely, effrciently and with due regard to security under all conditions. (2) A ship shall be deemed to be manned by a crew that is adequate, in terms of size and qualifications when it is manned in accordance with the safe manning document such as the Minimum Safe Manning Certificate issued by the Adminisfration. PART 3 . ACCOMMODATION, RECREATIONAL FACILITIES, FOOD AND C,dTERING 12. Accommodation ( I ) All ships shall, subject to subparagraph (6), meet such standards so as to ensure that any accommodation for seafarers, working or liviug on board is safe anddecent. (2) The crew accommodation standards relating to ship construction, equipment and recreational facilities in ships for which the keels are laid, or which are at a similar stage of constructiorr, on or after the date on which the Convention for Seychelles comes into force shall be as a.ntinimum in accordance with StandardA3. 1 paragraphs 6 to 17 ofthe Convention. 242 Supplement to Official Gazette [29th May 2015] (3) For ships constructed prior to the commencement of these regulations, in so far as requirements relating to ship construction and equipment that were applicable to Seychelles flag vessels shall continue to apply to the extent that they were applicable, on or prior to that date, under the Seychelles law or practice concerned and the ship shall be deemed to have been constructed on the date when its keel is laid or when it is at a similar stage ofconstruction. (4) Aship towhich subparagraph (2) applies shall comply with the Guidelines in Part B.3. 1 of the Convention as the national standards in so far as giving effect to the Standards A.3.1 paragraphs 6 to 17 of the Convention are ioncerned and with any directiv6s or other guidance that is issued from time to time on the interpretation of those Guidelines and the technical standards required. (5) Unless expressly provided otherwise, any requirement under an amendment to the Convention relating to the provision of seafarers accommodation and recreational facilities shall apply only to ships constructed on or after the amendment takes effect for the Seychelles. (6) On any occasion when a ship is first registered or when the seafarer's accommodation is substantially altered an inspection of the accommodation and facilities provided for seafarers shall be carried out by the Administration or by a Recoguised Organisation on behalf of the Administration to verifu compliance with the standards specified in this Schedule. (7) In the case of ships where there is need to take account, without discrimination, .of the interests of seafarers having differing and distinctive religious and social practices, the Administration may, after consultation, permit fairly applied variatioirs in respect of subparagraphs (2) and (3). (8) The Administration may, after consultation, exempt ships of less than 200 gross tons from the requirements enumerated in Standard A 3.1(20) of the Convention but shall only do so in particular circumstances in which such exemption can be clearly justified on strong grounds and subject to protecting the seafarers'health and safety on cordition that such variations do not result in overall facilities less favourable than those which would result from the application ofthese provisions. [29th May 2015] Suppl,ement to fficicl Gazette (9) Every master of a Seychelles ship shall ensure that regular inspections, at not more than monthly intervals, are made of the accommodationprovided for seafarers toverifli that itremains clea& deeently habitable, and maintained in a good state of repair and any def,ects that are discovered during an inspection shall be rectified promptly and the results of each inspection, including any defects that are found, shall be reeorded and the records of inspections shall be retained on board fur at least 3 years and available for inspection to any inspector. 13. Foodandcatering , (1) Every ship shall cbrry on board and senre food and drinking water, having regard to the number of seafarers on board and the duration of the voyage, of appropriate quality, nutritional value, variety andquantity that adequately covers therequirements ofthe ship'andtakes intoaccount differing cultural and religious backgrounds. (2) The food and drinking water provided to seafarers during their engagement on board shall be at no charge to the seafarers. (3) Every shipowners shall ensure that the organisation of the catering department and the equipment provided is such that adequate, varied, and nutritious meals are prepared and served in hygienic conditions. (4) Every ship operating with manning level of l0 persons or more shall carry a competent and qualified ships cook. (5) Acookshallbe qualified ifhe isl8 years ofage ormore andhe* (, has attended a training course at an approved school of cookery and passed an approved examination for ship's cooks; or (i, has served at sea for at least one month and also received training in handling foods, storage of foods onboard ships and hygiene in the galley and food preparation areas; or (iil possesses the approved qualifications in cookery valid in a commercial cooking establishment. 243 244 Supplement to Official Gazette [29thMay 207s] (6) "Approved" in subparagraph (5)(i) or (iii) means approved by the Administration or by the maritime administration of another state party to theConvention. (7) On a ship operating with a prescribed manning of less than ten and which does not cafiy a cook the shipowner shall ensure that any one processing food in the galley is trained or instructed in argas lnclu$i1g food ind personal hygiene as well as handling and storage of food' on board ship. (8) In any case where due to exceptional circumstances a qualified cook is not available, or has been required to leave a ship in which a qualified cook is required, the Administration may issue a dispensation perrnitting another perion to serve as cook for a period not exceeding one month or until the next suitable port whichever occurs first provided that the person taking on the role of cook has received instruction or training in food and personal hygiene and the handling and storage of food on board. (9) The master of every Seychelles ship shall ensure that monthly inspections are earried out of (, supplies of food and drinking water, (i' yr?::l11tffiHffH#::, # the storage and handring , (iit) galleys Td o-th.t equipment for the preparation and service ofmeals. (10) The defects.that are discovered during an inspection shall be rectified promptly and the results of each inspection, including any defects that are found, shafi be recorded and the records ofinspections shall be retained on board for at least 3 years and available for inspection to any inspector. PART 4. HEAXTH PROTECTION, MEDICAL CARE, WELFARE AND,SOCIAL PROTECTION 14. Medical care on board and ashore. (1) Every seafarer on board a Seychelles ship shall be prwided, wherever practical and where necessary with an opportrrnity to visit a doctor or a dentisi without delay in anyport of call. [29th May 2015] Supplement to Official Gazette 245 (2) The medical care, necessary dental care and health protection services provided to seafarers bn board, or in a foreign port shall, be provided at no cost to the seafarers. (3) Wheneverit is necessary fora ship to arrangemedicaltreatment for seafurers ashore the ship's master shall use a standard medical report form such as that contained in the International Medical Guide for Ships or in the Ship Captain's Medical Guide or a similar publication to fJcilitate the treatment of the seafarers and such records, when completed, shall remain confidential. (4) The shipowner snaii provide medical care, including dental care and health protective measures for seafarers during their time on board. (5) Every ship shall comply with Standard ,A.4.1, paragraph 4, sub paragraphs (a) to (c) ofthe Convention. (6) The Administration shall ensure by a prearranged system that medical advice by radio or satellite communication to ships at sea, including specialist advice, is available 24 hours a day; medical advice, including the onward tansmission of medical messages by radio or satellite communication between a ship and those ashore giving the advice, shall be available free of chargeto all ships irrespective ofthe flagthatthey fly. (7) A Seychellois seafarer shall be entitled to the same social security protection as onshore workers such as ' (, medicalcare; (ii) sicknessbenefit; (iil unemploymentbenefit; (iv) old-agebenefit; (v) employmentinjurybenefit; On familybenefit; (vil maternitybenefit; 246 Supplement to Official Gazette [29th May 2015] (viii) invalidity benefit; and (tx) survivors'benefit, as provided for by the Agency for Social Protection under the Social Protection Act,20l1 or any other authority that administers social security protection as may be designated from time to time 16. Health and safety protection (1) Every shipowner shall put in place measures intended to ensure the health and safety of seafarer3 and the provision of a working environment onboard any ship for which they are responsible in which the occupational health ofseafarers is protected and which is safe, clean, and hygienic. (2) Without prejudice to the shipowner's responsibility under subparagraph ( 1), the matters to which that responsibility extends shall include in particular and so far as is practicable (, the provision and maintenance of plant, machinery and equipment, and systems of work that are safe and without risktohealth; (iil arrangements for ensuring safety and absence of risk to health in connection with the use, handling, stowage and hansport of articles and substances; (iit) the provision to the seafarers of such information, instruction, training and supervision as is necessary to ensure thehealth and safety ofpersons aboardship; (iv) the provision of on-board progrcmmes on accident prevention; (v) the maintenance of all places of work in the ship in a condition that is safe and without risk to health; and (vil the provision and maintenance of an environment aboard ship that is safe and without risk to health. [29th May 201s] Supplement to Official Gazette 247 (3) It shall be the duty of every shipowner to prepare and, as often as maybe appropriate, revise a written statement of his general policy with respect to the health and safety aboard ship and the arrangements for the time being in force for carrying o-ut that policy, and to bring the statement and any revision ofit to the notice ofseafarers. (4) For ships registered in Seychelles, the standards and practices required for occupational health, risk analysis, safe working practices and measures to reduce the risk of exposure to harmful levels of ambient factors and chemicals and the risk of injury or disease shall be those set out in (i) the ILO Cod! Accident prevention onboard ships at sea andinPort 1996, (iil the Code of Safe Working Practices for Merchant Seamen prescribed by the MCA (IJK), or any other comparable system establishedby a flag state; and (iit) such other guidance as the Administration may speciff from time to time in the form of directive or other official guidance. (5) Every Seychelles ship shall carry on board an up to date copy of the Code of Safe Working Practices for Merchant Seamen which may be in paper format or in electronic format provided that all the seafarers have access at anytime to its content appropriate to their roles on board. (6) No shipowner shall levy or permit to be levied on any seafarer any charge in respect of anything done in pursuance of subparagraph (2) or (a). (7) The master of a ship shall, all accidents, injuries, diseases and marine casualties, including (r) thedeathof, orserious injuryto, aperson; (iil the loss ofapersonfroma ship; (iii) the loss, presumed loss or abandonment ofa ship; 248 Supplement to Official Gazette [29th May 201s] (vil material damage to a ship; the stranding or disabling of a ship, or the involvernent of ashipina collision; material damage to marine infrastrucfure external to a ship, that could seriously endanger the safety of the ship, anothership oran individual; or severe damage to the environment, or the potential for severe damage to the environment, brought about by the damage ofa ship or ships, occurring on board any Seychelles ship, report to the Administration at the earliest possible opportunity and in any event no later than 48 hours from its occurrence taking into account the requirements of the Marine Accident Investigation Board and the Administration. (S) The Administration shall ensure that occupational accidents, injuries, diseases are adequately reported, taking into accotrnt the guidance provided by the International Labour Organisation's Maritime Safety Committee Resolution 255(84) adopted in 2008 with respect to the reporting and recording ofoccupational accidents and diseases. (9) A standard medical report form shall be adopted by the shipowner, and that form shall be used by the ships' master. (10) In every Seychelles ship in which there are 5 or more seafarers, the shipowner shall establish a Safety Committee which includes representatives from deparhnents on board. (11) The Safety Committee established under subparagpaph (10) shall have the authority, and the seafarer representatives on it shall have the duties and authority, set out in the Code of Safe Working Practices and the committee shall meet at the intervals set out in the Code and perform the functions set out in the Code. (iv) (v) (vil [29tti May 20ls] Supplement to Official Gazette 249 PART 5 . COMPLIANCE AI\D ENFORCEMENT 17. Recognisedorganisation (1) The Administration may recognise, any Classification Societies, member ofthe IntemationalAssociation of Classification Societies (IACS), on being satisfied that such society is capable of being function as ryqutred by Regulation 5.1.2 of the Convention, as recognised organisations for the conduct of inspections and the issue of certification in accordance with these regulations. (2) The Administration may from time to time authorise the reco gnised organisations and enter into an agreement with them. (3) The recognised organisations referred to in subparagraph (l) shall have the authority defined in the agreement between thern and the Administration and shall, in particular, have power to require the rectification of deficiencies that its surveyors identi$r in seafarer's working and living conditions. 18. Certification (1) Except as provided in subparagr aph (2),every Seychelles ship of 500 GT or over engaged in international voyages or operating from a port; or (, a validMaritime LabourCertificate; and (ii) a Declaration ofMaritime Labour Compliance, conforming to the model in the convention. (2) An interim maritime labour certificate valid for not more than 6 months may be issued to a ship in accordance with Standard As.1.3 of the Convention, when (n itis anew ship onits delivery; (it) it is a ship that has changed from another flag to Seychelles flag;or 2s0 Supplement to Olficial Gazette [29th May 2015] (iii) a shipowner assumes responsibility for the operation of the ship when the ship is new to him. (3) Avessel of less than 500 GT need not oarry a Maritime Labour Certificate and declaration of maritime labour compliance but may elect to do so. (4) AMaritime Labour Certificate shall O be issued by the Administration and recognised organisation with a validity period of 5 years; aqd (i, be subjeJt to an interrnediate inspection by the Administration and the recognised organisation which shall take place within the second and third anniversary dates of the certificate. (5) The "anniversary date" in subparagraph(4)(ii) means the day and month of each year which will correspond to the date of expiry of the Maritime Labour Certifi cate. (6) A Declaration of Maritime Labour Compliance Part I is issued bytheAdministration. (7) A Declaration of Maritime Labour Compliancs Part Itr is issued j ointly by the shipowner with the approval of the Administation. (8) TheDeclarationsofMaritimeLabourComplianceissuedunder Part I and Part II are valid for an indefinite period, except (r) ifchanges occurinrespecttotheDeclarationofMaritime Labour Compliance Part II, the Administration shall inform the shipowner immediately and issue new declaration in so far as requirements have been met; and (iil in case of substantive changes applicable to the Declaration of Maritime Labour Compliance Part II, the shipowner shall re-submit the declaration for approval to theAdministration. [29th May 201s] Supplement to Official Gazette 25] (9) A Maritime Labour Certificate and Deelaration of Maritime LabourCompliance issued by theAdministration shall cease to be valid (, if any of the inspections are not completed within the eriods specified in the Convention; (iil if the certificate is not endorsed in accordance with the Convention (iii) iftheship changes flagto anotherflag; (iv) when the shiio*oe, ceases to have the responsibility f.or the operationofthe ship; or (v) when substantial changes are made to the structure or . equipment coveredby Title 3 ofthe Convention (10) The Administration or a recognised organisation on its behalf maywithdraw'a Maritime Labour certificate from any seychelles ship, taking into account the seriousness or the frequency ofany defieiencics ifthere is evidence that the ship concerned does not comply with the requirements ofthe convention and these Regulations and any required corrective action has not beentaken. (11) Without prejudice to Part XI of the Act, the appointmenj of inspectors for the verification that the measures relating to working and living conditions as set out in the declaration of maritime labour compliance, where applicable, are being followed, and that the requiremEnts of this Convention are met, and the conduct of such inspections, shall be in accordanee with Standard A5. I .4 of the Convention. (12) Nothing in paragraph 7(c) of StandardAs.14 ofthe Convention shall affect any right of appeal to the Supreme Court against administrative action. (13) lf the shipowner proves that there was no reasonable cause for action taken by an inspector, the shipowner shall be entitle to plaim compensation for loss or damage caused by the action. 2s2 Supplement to Official Gazette [29th May 20151 19. Complaints (1) No person shall victimise any seafarer for filing a complaint. (2\ Any person who contravenes subparagraph (1) commits an offence andis liable onconvictionto afine of SCRl0,000 andto imprisonment for term not exceeding 12 months, or to both such fine and imprisonment. (3) Every shipowner shall develop an internal complaints procedure that is available to all the seafarers on board ships for which he is responsible (4) The internal complaint procedure under subparagraph (3) shall (il seek to resolve complaints at the lowest level possible but shall not prevent a seafarer from making a complaint directly to the ship's master or to the Administration or the appropriate external authorities ifthe seafarer considers it necessary or appropriate; (ii) provide for the seafarer making a complaint to have the right to be accompanied or represented during the procedure; and (iii) include safeguards against victimisation of any seafarer making a complaint where victimisation includes any ' adverse action taken against a seafarer by any person following a complaint which is not malicious or vexatious. (5) The internal complaint complaints procedure shall ensurethat (i) complaints are addressed to the head ofthe department in which the seafarer works or to his superior offrcer; (iil resolution is attempted by the head of department or the senior officer, within 48 hours, whenever practicable; l29thMay 20rsl Supplement to Official Gazette 253 (ii, when resolution by the head of department or the senior offtcer is not successfi.rl the seafarer can take the matter to the master who shall deal with it within a stated period-whichshallnotexceed4Shours; { (rr) any seafarer making a complaint is ailowed to be. accompanied and to be representedby another seafarer of their choice onboardthe ship; (v) all complaints and the decisions made are recorded and a copy of the record is made available to the seafarer concerned;. (tt) when a complaint cannot be resolved on board the , complaint is referred to the shipowner or his representativd ashore who shall resolveihe matterwithin onemonth; and ' (viil on-board complaint procedures are without prejudice to the seafarer's right to.seek redress through other legal means as seafarer considers appropriate. (6) Every seafarer shall be provided with a copy of the on-board complaints procedure put in place by the shipowner and with the Administration and the maritime authorities in the seafarer's country of residence. (7) Every seafarer shall be provided, in addition to the complaints procedure,with (i) the contact details of the competent authority of tlie flag state and where different, in the seafarer's country of residence; and name of the person or persons on board who can, on a confidential basis, provide them with impartial advice on a complaint and otherwise assist them in following the complaint procedures available to them on board the ship. (i, 254 Supplement to Official Gazette l29thMay 2015) (8) Where a seafarer is not satisfied with the redress of his complaint under the internal complaint procedure, the seafarer may apply to the Administration for redress of his complaint through the mediation procedure by the Administration. (9) Without prejudice to the generality of the foregoing provisions of this paragraph, a seafarer shall have right to apply to the Employment Tribunal establish6d under section 73A of the Employment Act to determine any matter relating to his complaint that have not been successful at mediation procedure under subparagraph (8) and the Tribunal shall have power to hear and determine such matter. 20. Portstatecontrol (l) Every ship which is not a"ship of Seychelles calling, in the normal course of its business or for operational reasons, in aport in Seychelles may be the subject to an inspection for the purpose of ensuring compliance with the requirements of the Convention (including seafarers'rights) relating to the working and living conditions of seafarers on the ship. (2) The inspection under subparagraph (1) shall be carried out by authorised offrcers. (3) The conduct of an inspection, including action taken as a result of the inspection, shall be in accordance with StandardA5 .2.l,paragraphs I to 6 ofthe Convention. (4) If the shipowner proves that the ship was unduly delayed or detained as a result of an inspection under subparagraph (1), the shipowner shall be entitle to claim compensation for loss or damage caused by the action. (5) The seafarers on a Seychelles ship in anyport and seafarers on Seychelles ships and othel ships calling at a port in Seychelles who allege a breach ofthe requirements ofthe Convention (including seafarers'rights) have the right to report such a complaint in order to facilitate a prompt and practical means ofredress. (6) The report referred to in subparagraph (5) shall be made to an authorised offrcer at the port where the ship is located. (7) When a complaint is made by seafarer,s ou a shipin q,po6t in Seychelles, the authorised officer shall be the Adminisaatiou: ind the investigation and inspeciion shall be in accordance with the requirernents in Standard A.5.2 of the Convention. .: .. t . . : MADE thtu 2Eth day of May, 2015. ' . ' . :. . : JOELMORGAII ' N IvTTNISTER or FoREIGN AFFAIRsI AI\TDTRANSPORT [29*r May 2015] Supplementto @fieial.Gweiae 255 .l'