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[SECTION 4]   4 MERCHANT SHIPPING (MINIMUM STANDARDS) CONVENTION, 1976 (ILO CONVENTION NO. 147)

4.1. Inspections on board ships under the Merchant Shipping (Minimum Standards) Convention 1976 (ILO Convention No. 147) shall relate to:

a) the Minimum, Age Convention, 1973 (No. 138); or the minimum Age (Sea) Convention revised, 1936 (No. 58), or the Minimum Age (Sea) Convention, 1920 (No. 7);
b) the Medical Examination (Seafarers) Convention, 1946 (No.73);
c) the Prevention of Accidents (Seafarers)Convention, 1970 (No. 134) (Articles 4 and 7);
d) the Accommodation of Crews Convention, 1949 (No.92);
e) the Food and Catering (Ship’s crews) Convention, 1946 (No.68) (Article 5);
f) the Officers’ Competency Certificates Convention, 1936 (No. 53) (Articles 3 and 4).

Inspection regarding certificates of competency is dealt with in Section 3 of this Annex. In the exercise of Control functions the PSCO, in the light of his general impression of the ship, will have to use his professional judgement to decide whether the ship shall receive a more detailed inspection. All complains regarding conditions on board should be investigated thoroughly and action taken as deemed necessary by the circumstances. He shall also use his professional judgement to determine whether the conditions on board give rise a hazard to the safety or health of the crew which necessitates the rectification of conditions, and may if necessary detain the ship until appropriate corrective action is taken.

4.2.  In so far as there are clear grounds for a more detailed inspection relating to the provisions of ILO Convention No. 147, the PSCO when carrying out an inspection shall take into account the previous paragraph in this section and the considerations given in the ILO publication “ Inspection of Labour Conditions on board Ship: guidelines for procedure”.

4.3.   The Conventions relevant in the framework of the provisions of paragraph 4.4. are:

a) the Seamen’s Articles of Agreement Convention, 1926 (No.22);
b) the Repatriation of Seamen Convention, 1926 (No 23);
c) the Ship owners’ Liability (Sick and Injured Seamen) Convention, 1936 (No.55)’ or the Sickness Insurance (Sea) Convention, 1936 (No. 56); or the Medical Care and Sickness Benefits Convention, 1969 (No. 130);
d) the Freedom of Association and Protection of the Right to organise Convention, 1948 (No. 87);
e) the Right to organise and Collective Bargaining Convention, 1949 (No. 98).

4.4.   If the PSCO receives a complaint to the effect that the standards laid down in the Conventions listed in paragraph

4.3.   are not met, the matter should be reported to the nearest maritime, consular or diplomatic representation of the flag State for further action.. If deemed necessary, the appropriate Authority may prepare a report to the Flag State, if possible with evidence, with a copy to the ILO.

4.5.   Those parts of the ILO publication “Inspection of Labour Conditions on board Ship: Guidelines for procedure” which deal with:

a) control procedures for national flag ships;
b) vocational training;
c) officer’s certificates of competency;
d) hours of work manning;

should not be considered as relevant provisions for the inspection of ships but as information to PSCOs only.

[SECTION 5]   GUIDELINES FOR SURVEYORS TO BE OBSERVED IN THE INSPECTION OF CARGO SHIPS BELOW 500 GROSS TONNAGE AND SHIPS OF TRADITIONAL BUILT.

1. Cargo ships of non-convention sized ships,

1.1 The following is a guide for the application of Section 2.5 in respect of cargo ships of non-convention sized ships.

1.2 To the extent a relevant instrument is not applicable to a ship below 500 gross tonnage, the PSCO shall be guided by the provisions of the “:Safety Regulations for Non-Conventional Sized Ships”.

2. Ships of traditional build

2.1 The following is a guide for the application of Section 2.5. in respect of ships of Traditional build.

2.2 To the extent a relevant instrument is not applicable to a ship of traditional build, the PSCOs Task will be to assess whether the ship is of an acceptable standard in regard to safety, health or the environment. In making that assessment, the PSCO shall take due account of such factors as the length and nature of the intended voyage or service, the size and type of the ship, the equipment provided and the nature of the cargo.

2.3 In the exercise of his functions under paragraph 2.2, the PSCO should be guided by any certificates and other documents issued by the flag State. The PSCO will, in the light of such certificates and documents and in his general impression of the ship, use his professional judgement in deciding whether and in what respects the ship shall receive a more detailed inspection, taking into account the factors mentioned in paragraph 2.2., the PSCO shall, to the extent he deems necessary, pay attention to the items listed in paragraph 2.4. The list is not considered exhaustive but is intended to give an exemplification of relevant items.

2.4 Items of general importance

2.4.1 Items related to the conditions of assignment of load lines:

- weathertight (or watertight as the case may be) integrity of exposed decks;
- hatches and closing appliances;
- weather tight closures to opening in superstructures;
- freeing arrangements;
- side outlets;
- ventilators and air pipes;
- stability information.

2.4.2 Other items related to the safety of life at sea:

- life-saving appliances;
- fire-fighting appliances;
- general structural conditions (i.e. hull, deck,, hatch covers etc,);
- main machinery and electrical installations;
- navigational equipment including radio installations.

2.4.3 Items related to the prevention of pollution from ships;

- means for the control of discharge of oil mixtures, e.g,. oily water separating or other equivalent means (tanks(s) for retaining oil, oily mixtures, oil residues;
- presence of oil in the engine room bilges.
2.5 In the case of deficiencies which are considered dangerous to safety. Health or the environment the PSCO shall take such action, which may include detention as may include detention as may be necessary, having regard to the factors mentioned in paragraph 2.2, to ensure that the deficiency is rectified or that the ship, if allowed to proceed to another port, does not present a clear hazard to safety, health or the environment.

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