Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147) - United States of America (Ratification: 1988)

Article 2(a)(i) of the Convention. Safety standards. Medical examination. The Committee has been commenting for over ten years on the need to amend existing legislation which continues to require medical examinations only every five years. In its latest report, the Government reiterates its view that law and practice constitute substantial equivalence with the general goal of the Convention and indicates that the Coast Guard continues to examine the requirements for medical and physical examinations with the intent to update them as necessary. The Committee feels obliged to draw once more the Government’s attention to paragraph 118 of the 1990 General Survey on Convention No. 147, in which the Committee concluded that conducting medical examinations once every five years may under no construction be deemed substantially equivalent to the requirement for compulsory medical examination for seafarers once every two years as required by the Medical Examination (Seafarers) Convention, 1946 (No. 73). In addition, the Committee recalls that the same two-year maximum period of validity of the seafarer’s medical certificate has been incorporated in Standard A1.2(7)(a) of the Maritime Labour Convention, 2006 (MLC, 2006). The Committee therefore once again asks the Government to take the necessary measures to ensure that national laws or regulations require medical examinations for seafarers to be carried out at shorter intervals so as to ensure substantial equivalence with the requirements of Article 5(1) of Convention No. 73.

Article 2(a)(iii). Shipboard conditions of employment. Articles of agreement. The Committee recalls its previous comment in which it noted that in its current reading, Title 46 of the United States Code fails to ensure substantial equivalence with several requirements of the Seamen’s Articles of Agreement Convention, 1926 (No. 22), namely, the obligation to make adequate provision to ensure that the seafarer has understood the agreement; the inclusion in all cases of certain mandatory agreement details, including the conditions for termination and immediate discharge and seafarer’s entitlement to annual leave with pay; and, the seafarer’s right to request and receive a separate certificate as to the quality of the seafarer’s work. In its reply, the Government states that, based on the tripartite review of US laws and regulations prior to the ratification of the Convention, it is satisfied that these laws adequately address the objects and purposes of all the international labour Conventions listed in the appendix of Convention No. 147. Under the circumstances, the Committee is obliged to once again refer to paragraph 186 of its General Survey on Convention No. 147, in which it considered that the essential features of Convention No. 22 on which substantial equivalence would have to be established, including the provision of a document containing all of the main particulars listed in Article 6(3) and adequate protection on termination as provided for in Articles 10–14. Moreover, the Committee recalls that most of the provisions of Convention No. 22 on which the Committee has been commenting have been incorporated in Standards A2.1(1), (4) and (5) of the MLC, 2006. The Committee therefore once again asks the Government to take the necessary measures to ensure that national laws or regulations prescribe conditions for signing seafarers’ articles of agreement that are substantially equivalent to the requirements of Articles 3(4), 6(3) and 14(2) of Convention No. 22.

Article 2(d). Adequate procedures for the engagement of seafarers and the investigation of complaints. The Committee recalls the Government’s earlier statement that, with respect to the engagement of seafarers, the Coast Guard has ceased to perform the duties of the Shipping Commissioner and that these duties are now performed by ships’ masters. In its latest report, however, the Government indicates that the Coast Guard has the statutory enforcement authority for the laws and regulations regarding the engagement of seafarers on US registered vessels and the investigation of complaints and that it issues procedures to this effect. The Committee requests the Government to provide additional clarifications in this respect, and to transmit copies of any relevant procedures that the Coast Guard may have issued in these matters.

Articles 2(f) and 4, and Part IV of the report form. Ship inspections. Practical application. The Committee notes the statistical information provided by the Government concerning the number of ship inspections carried out in the period 2005–10. The Committee requests the Government to continue to provide detailed information regarding the practical application of the Convention, including, for instance, the number of seafarers covered by the relevant legislation, statistics on flag State and port State inspections, the number and nature of any complaints considered and the action taken, as well as copies of any standardized inspection checklist or inspection report form, relevant extracts from official publications, such as US Coast Guard activity reports, notices, circulars or procedures.

Finally, the Committee takes this opportunity to recall that Convention No. 147, as well as 67 other international maritime labour instruments, is revised by the MLC, 2006. It also recalls that the notion of substantial equivalence has been incorporated and further defined in Article VI(3) and (4) of the MLC, 2006, and therefore ensuring compliance with Convention No. 147 would facilitate the implementation of the provisions of the MLC, 2006. Noting that the United States has initiated the review and consultation process with a view to the future ratification of the MLC, 2006, the Committee requests the Government to keep the Office informed of any further developments with respect to the possible ratification of the MLC, 2006.