Article IV of MLC, 2006 lays down the seafarers' employment and social rights. It is the responsibility of each Administration to ensure that the seafarers' rights provided under titles 1, 2, 3 and 4 of MLC, 2006 are fully implemented in accordance with the requirements of the Convention.

Many of the requirements of the Convention are implemented through national rules and regulations and collective bargaining agreements and can be inspected through a review of the records on board, such as the records of hours of work or rest and payment of wages. However some requirements such as those like fatigue, stress, health and the over-all well-being of seafarers, which are related to the human element, may not be readily inspected through records and paper-work.

That is why inspectors carrying out maritime Labour inspections should not only be aware of the visible evidence of compliance with the seafarers' social and employment rights, but also of the hidden factors related to the wellbeing of seafarers, such as their culture, attitude and beliefs. Inspectors should be able to see the broader picture during a Maritime Labour inspection and be able to effectively communicate with seafarers including listening to complaints and where possible, resolving complaints on board.

Inspectors are not psychologists, doctors, social workers or lawyers who can solve all problems related to seafarers wellbeing, but being the representative of the Administration, they can, where required certainly listen to seafarers and transmit the information to the Administration.

Inspectors are and must be persons of authority, integrity, discernment and
independence. An inspector must be able to recognize deficiencies and seek shipowners to propose remedies to deficiencies.

The standard of safety on a ship is dependent not only on the health of the ship but more on the health of the seafarers in charge of the operation of the ship - (M Fuazadeen of IMO) Mariners who have seen ships become harder worked, meaner places, with insufficient attention given to anything other than revenue generation might be a little skeptical at any enthusiasm for 'softer values' - (Michael Grey) Investment in crew will provide returns far in excess of the cost involved, but to achieve this, you have to design ships that fit snugly around their human operators - not just fitting people in where they won't interfere with the cargo or propulsion machinery at the very end of the design process - (Michael Grey)

The competency and professionalism of seafarers are seriously undermined by personal concerns and emotional debilitation. Lack of well-being impacts upon performance and introduces unacceptable risks that detract from the
safe operation of the vessel.

Even on the best run ships, modern shipping operations contribute to
isolation and stress for seafarers. The ILO Commission was told of social and mental problems arising from long absences from home and the lack of means to contact families for extended periods and social isolation on board arising from the use of mixed crews with widely different cultural, linguistic and other requirements.

These problems are compounded by the remoteness of many modern ports and terminals from sources of social interaction. Shorter stays in port, with minimal time for rest and recreation add to fatigue. MLC, 2006 requires that seafarers working on board a ship have access to shorebased facilities and services to secure their health and well-being.

In addition to inspecting and certifying ships for compliance with the requirements of MLC, 2006, Administrations should also ensure that their inspectors are able to address welfare concerns of seafarers such as those related to: paying to obtain jobs; non-payment of wages; abandonment; denial of medical care; restrictions and/or denial of shore leave; fatigue and stress; blacklisting; and denial of repatriation. All of these have a significant impact on the well-being of seafarers, have implications for their health and safety and the safe navigation of ships.

Liberia has been the front runner in preparing its Maritime Labour Inspectors
with specialized training provided by the Missions to Seafarers, in addressing the human element during Maritime Labour inspections, having trained over 100 inspectors to date.

Cedric D'Souza, Liberian International Ship and Corporate Registry - LISCR

The Reverend Canon Ken Peters, Mission to Seafarers

Article was initially published at Alert! - The International Maritime Human Element Bulletin (Issue 28. Jan 2012)  and reproduced with permission.