Merchant Shipping Notice 1769(M) now makes ilo 178 inspections mandatory


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Maritime and Coastguard Agency
Operations Advice Note

Document

Number:
OAN 378

Revision: 01

ILO 178 INSPECTIONS

Page 1 of 21

Date: 25 Oct 04

Distribution A B D






1. IMMEDIATE ACTIONS
Merchant Shipping Notice 1769(M) now makes ILO 178 inspections mandatory.

It applies to all seagoing ships of 500 GT and over (excluding Fishing Vessels).

Even though mandatory inspections are limited to ships of 500 GT and over, national regulations still apply to all ships as appropriate.

1.1 ISM SHIPS
This convention applies from 2 July 2004 to UK flag vessels. No ISM Audits after this date should be undertaken without an ILO inspection (Unless special arrangements have been made, for example the ship is visiting a UK port regularly and the ILO inspection follows a few days later). (In future it is anticipated that ISM, ILO and ISPS will be carried out concurrently).
1.2 DOMESTIC SHIPS (Non – ISM)
These need to be targeted separately, but should all be inspected within the same phase in period of 3 years. In due course a list of ships will be produced to aid targeting.
We have yet to agree an interpretation of “seagoing “for the purposes of ILO 178, but we are proposing the following - “vessels proceeding to sea more than 3 miles from land and being lived on either at sea or in port. For example, it does not apply to Class VI passenger ships on day excursions only.
Though ILO 178 does not apply to vessels below 500gt, certain free standing ILO Conventions do. With MCA’s greater focus on such issues, surveyors should also give consideration to living and working conditions on vessels below 500gt and continue to record these as a GI on MSF 1603 ( not as an ILO 178 inspection on MSF 1656).
2. REQUIRED STANDARDS
Only apply the requirements which are within UK law – do not go beyond statutory requirements. A list of UK Merchant Shipping regulations (updated list) is attached at Annex I for reference. These are the responsibility of MCA to enforce as appropriate. There will be other regulations applicable to ships and seafarers which are the responsibility of other Government Departments (OGD’s ) and you should be guided by those conventions ratified by the UK (at Annex II). Further copies of ILO documentation can be found on the ILO Website under :ILO Library, ILO Data base, ILOLEX.



Maritime and Coastguard Agency
Operations Advice Note

Document

Number:
OAN 378

Revision: 01

ILO 178 INSPECTIONS

Page 2 of 21

Date: 25 Oct 04

Distribution A B D





3. ARRANGING INSPECTIONS
Customer Service Managers have been asked to write to their companies and the Chief Executive has written to the Chamber of Shipping asking ship owners to forward plan these inspection requirements. The following are a range of options which will be available to them:


  • Complete the inspection on more than one visit (more likely in the UK only)

  • Complete the inspection in one port visit, even if this involves a slight delay.

  • Surveyor may sail with the ship, for a short voyage, to complete their inspection.

  • Request attendance of more than one surveyor (resources permitting), which may require allocation of more officers and crew for the inspection.


The key message is to remain flexible and work with the owner to achieve a suitable solution, which will allow adequate time for inspection.
4. REPORTING
New form MSF 1656


  • MSF 1656 is a triplicate form which should be completed in the normal manner. All 16 items must be checked and recorded to constitute a proper inspection. This should be married up with MSF 1602 (Form A) and MSF1603 (Form B) which will also be completed at the same time. ,




  • It may be helpful to refer to the appropriate ILO topic in the text of each deficiency if not clear. All defects relating to ILO should be kept on separate pages to those of other categories, because the report (MSF 1656 and 1603) should be posted on the Ships’ Notice Board. Also on MSF 1656 refer to the relevant page of Form B, so that there is an easy to see link between the two documents;




  • The first version of MSF 1656 will be amended to include provision for the recording of a complaint triggered Inspection. These are likely to be few and far between but scope to record them is provided on the MCA Copy Only and it should not be left on board. An associated Pro Forma - MSF 1656A ( new –Annex III) should also be completed and stapled to the MCA Copy .




  • Examples of completed MSF 1656, MSF 1602 and MSF 1603 were included with ILO 178 training packs.. A list of the deficiency codes to be used is attached at Annex IV



Maritime and Coastguard Agency
Operations Advice Note

Document

Number:
OAN 378

Revision: 01

ILO 178 INSPECTIONS

Page 3 of 21

Date: 25 Oct 04

Distribution A B D





5. RECTIFICATION OF DEFICIENCIES



  • When deficiencies have been rectified, the Master should confirm in writing to MCA, and a copy of this notification should also be attached to the Ship’s Notice Board, for the information of the crew. Following a suitable period of at least two weeks, the Master may then remove the report from the Notice Board and retain the report with his official ships documents, so it available for inspection at all times (The report must be retained on board for a period of at least three years).


6. RECORD KEEPING :
Ship files

  • For ILO – use CM 27/10 “International Labour Organisation – Ship Inspections ”for individual ship files. It is suggested that these are cross referenced with the corresponding ISM (SMC) CM file. Where no deficiencies are found use the existing ISM file.


SIAS Completion:

  • On Form A, record ILO 178 Inspections on MSF 1602 as Type of Survey = “ILO” using the usual R= Renewal or P= Part Renewal




  • It should also be recorded on the MSF 1603 as an “S” = Survey.




  • Where an ILO deficiency is identified at a time other than a full ILO 178 inspection, record the deficiency as “I” = Inspection



Complaints:
An option is provided on the MCA only copy to indicate if the inspection is carried out as a result of a complaint [ Was inspection triggered by a complaint (Y/N)?]) If Y complete MSF1656A – this is a new form.
. …




Maritime and Coastguard Agency
Operations Advice Note

Document

Number:
OAN 378

Revision: 01

ILO 178 INSPECTIONS

Page 4 of 21

Date: 25 Oct 04

Distribution A B D




.

The complaints Pro Forma contains the following

  • How was complaint received?



  • Who from – crew/officer/both?

  • Range of complaints (Form MSF 1656, items 1 to 16) ?

  • What action was taken ?

  • Was evidence found ?

  • Were samples taken ?

  • Was master informed ?

  • Union involvement ?

  • Was inspection undertaken on behalf of MCA ?



The SIAS operator will record from the MCA copy that the inspection was in response to a complaint. Further information from a drop down menu will provide complaint source options. At this point in time MSF 1656A data will be kept separate from SIAS and held on a database by Survey branch


7. CONTACT DETAILS OF THE SOCIAL PARTNERS
Welfare is an obvious point where contact with the unions/ITF may be appropriate. In the unlikely event that you feel this may be appropriate please contact Alex Steele in Survey Branch.
Where a complaint or any similar issue is involved, this should be directed to HQ who will take matters forward with the appropriate organisations. In any event it should be up to the complainant to inform their own union or organisation , not MCA.
8. E-TRACK
Number = 40715 – “ILO 178 Seafarer Conditions Survey”

This has been assigned as a Key Business Indicator.




Maritime and Coastguard Agency
Operations Advice Note

Document

Number:
OAN 378

Revision: 01

ILO 178 INSPECTIONS

Page 5 of 21

Date: 25 Oct 04

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  1. CHARGING REGIME

UK Flag

For UK flag vessels this inspection is free of charge until further notice. Inspection times for an ILO inspection are benchmarked at 2 hours as an average. This will clearly depend on the ship type and standards encountered. A better guide might be related to 25% of the ISM audit time. These inspections are free unless a revisit is required when normal charging is applied. All extra ILO survey time should be separately recorded from ISM work which remains chargeable. Extra time for ISPS is also free of charge and recorded separately. Where a combined (ISM, ILO and ISPS) survey is undertaken all travel time will be charged against the ISM audit job number. Where a free standing ILO inspection is undertaken at the shipowners request then this will be charged for in full including all travel time. This should be made clear to the owner in advance.
For a joint ISM/ILO/ISPS audit, it is estimated that on average 2 or 3 man days is required. This is apportioned approximately as:


  • ISM/SMC audit – 8 hours

  • ILO inspection - 2 hours

  • ISPS audit - 4 hours

  • Inspection/drill - 4 hours


This is an average benchmark, and will be greatly increased for example for passenger ships and reduced for small coasters.

Non UK Flag ( includes REG)
These inspections should be charged to the ship at normal surveyor rates. This Convention will be extended to REG flags, but Isle of Man and Bermuda already have reporting procedure in place. Where MCA is asked to undertake an inspection on their behalf, a report on any deficiencies identified to the flag administration is required.




Maritime and Coastguard Agency
Operations Advice Note

Document

Number:
OAN 378

Revision: 01

ILO 178 INSPECTIONS

Page 6 of 21

Date: 25 Oct 04

Distribution A B D





10. INPUT AND CONTROL

All Marine Office SIAS operators were issued with instructions about how to enter ILO 178 inspection data on to SIAS . Further guidance can be obtained from Rita Dixon in Inspection Branch on Tel: 023 80 320 219.
For the first six months from 2 July 2004 can all surveyors also arrange for a copy of all ILO 178 inspection reports to be sent by fax to Alex Steele in Survey Branch on Fax: 023 80 329 104 PLUS the associated Forms A and B. Where a policy issue or complaint occurs and a CM /27/10 file has been raised please forward to Alex Steele in Survey Branch in Bay 1/01 with details of the problem or the complaint along with the action already taken or further proposed course of action.


  1. CREW AGREEMENTS


Some ambiguity has already been experienced in this area. Section 25 of the Merchant Shipping Act 1995 requires that unless specifically exempted, there shall be an agreement in writing made between each person employed as a seaman on a UK ship and the person employing him. The employer in this context may well not be the shipowner. Section 25 also provides that the provisions and form of all crew agreement must be of a kind approved by the Secretary of State.
So far as the question of crew lists is concerned all persons who are parties to the crew agreement should sign the ALC1(a).This should be available for inspection and will show individual seafarers wages. The ALC1(b) is only to be signed by persons who are exempted from the requirement to have a crew agreement. This would normally be the Master, as the employers representative, plus any persons who are subject to a specific exemption issued by the MCA or contained in the Crew Agreement Regulations. The CITRIX database contains details of recent registered Exemptions. Exemptions are issued by Seafarer Health and Safety Branch (Contact: Mike Lines).


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