August 13, 2013

LABOR ADVISORY NO. 004-13

REQUIREMENTS ON MEDICAL CERTIFICATES, CERTIFICATES ON CATERING SERVICES, AND CERTIFICATE OF INSPECTION OF CREW ACCOMMODATION PURSUANT TO THE MARITIME LABOUR CONVENTION, 2006 AND THE PHILIPPINE MARITIME OCCUPATIONAL SAFETY AND HEALTH GUIDELINES

Pursuant to the Maritime Labour Convention 2006, which will come into force on 20 August 2013, notice is hereby given on the following:

1. Medical Certificates issued by the Department of Health (DOH)

 On 8 August 2013, the DOH has issued Department Circular No. 2013-0276 entitled "Reiteration on the Use of the New Pre-employment Medical Examination (PEME) Certificate for Service at Sea Issued by the Department of Health (DOH) in Compliance to the Maritime Labour Convention (MLC) 2006".

 The said Circular provides, among others, that "Seafarers currently on board vessels and are in possession of the old DOH Medical Examination Report format may be re-issued a Medical Certificate in the new DOH MLC 2006 compliant Medical Certificate, provided that:

1. The seafarer was issued a FIT for duty Medical Certificate.

2. The date of validity shall start on April 1, 2013 and up to the termination of the contract of employment of the seafarer. DcICEa

3. Any medical certificate utilizing the new form issued before April 1, 2013 is not valid".

 Accordingly, shipowners and/or manning agencies are advised to facilitate on behalf of their seafarers currently onboard ships the re-issuance of their respective Medical Certificates to be compliant with the requirements of the Maritime Labour Convention (MLC), 2006.

2. National Certificates on Ship's Catering Services for Cook, Messman and Chief Steward issued by Technical Education and Skills Development Authority (TESDA)

 TESDA, an attached agency of the Department of Labor and Employment (DOLE), issued Resolution 2013-03 on 17 May 2013, promulgating the Training Regulations for the following:

a. Ship Catering Services NC I (Messman)

b. Ship Catering Services NC II (Ships' Cook)

c. Ship Catering Services NC III (Chief Steward)

 TESDA issued Circular No. 09, Series of 2013, issued on 17 July 2013, providing the implementing Guidelines for the deployment of the abovementioned newly promulgated Training Regulations in compliance with the MLC, 2006 requirements.

 Effective 20 August 2013, all seafarers to be engaged, employed or works onboard ships as catering staff (Messman, Cook, or Chief Steward) are required to be trained and/or certified pursuant to the TESDA Training Regulations.

 The DOLE, being the competent authority, grants dispensation to seafarers currently onboard ships and employed as catering staff prior to entry into force of the MLC, 2006 and in possession of any of the following: EISCaD

a. Certificates of Competency as Messman, Cook or Steward subject to their validity dates, a recognized valid certificates from the government of the Philippines;

b. Certificates of Training issued by Technical Vocational Institutions (TVIs) with TESDA registered programs on Messman, Cook or Steward. The list of the TVIs with TESDA registered programs can be accessed at www.tesda.gov.ph/inc/tvi.aspx; and

c. A documented attestation from the shipowner or representative of the shipowner that the seafarer engaged or employed has seagoing service experience as ship's messman, cook or steward of at least two (2) years and is trained onboard, qualified and found competent for the position which are sufficient to guarantee normal safety conditions. A sample format of the Attestation is downloadable at DOLE website: www.dole.gov.ph.

3. Issuance of Certificate of Inspection of Crew Accommodation for Ships Engaged in International Voyages.

 To expedite the inspection of Philippine Registered Ships by other Port State authorities requiring Certificate of Inspection of Crew Accommodation for Ships Engaged in International Voyages, the following Recognized Organizations are hereby authorized to issue the said Certificate upon request of the shipowner:

1. BUREAU VERITAS

2. DET NORSKE VERITAS AS

3. GERMANISCHER LLOYD

4. KOREAN REGISTER OF SHIPPING

5. NIPPON KAIJI KYOKAI (CLASSNK)

6. LLOYD'S REGISTER GROUP LIMITED

7. REGISTRO ITALIANO NAVALE SERVICES S.p.A.

8. AMERICAN BUREAU OF SHIPPING

9. HELLENIC REGISTER OF SHIPPING

 The applicable provisions of Title 3, Regulation 3.1 of MLC, 2006 on Accommodation, Recreational Facilities, Food and Catering shall govern the issuance of the said Certificate of Inspection.

4. Issuance of the Philippine Maritime Occupational Safety and Health (MOSH) Guidelines

 The MOSH Guidelines was issued on 08 August 2013, posted at the DOLE website www.dole.gov.ph, and is immediately effective upon its publication on 16 August 2013 in the Philippine Daily Inquirer. The Guidelines provides the following: cSaCDT

a. Implementation of Occupational Safety and Health policies and programs on ships;

b. Establishment of Safety and Health Committee;

c. Designation of Safety and Health Officer which is required to have a Basic Occupational Safety and Health (BOSH) Certificate and training in first aid and medical care. For the DOLE list of accredited Occupational Safety and Health (OSH) training organizations which provides BOSH training visit www.oshc.dole.gov.ph/UserFiles/oshc2010/file/List_of_Accredited_STO-SCO-05_21_2013.pdf. BOSH training may be also availed on-line at www.e-osh.com.ph/lms/www/index.php.

d. Requirement to all seafarers currently onboard ships and designated as Safety and Health Officers without the BOSH Certificate and training on first aid and medical care to secure the necessary training and certification within one (1) year after the effectivity of the said guidelines. For inquiries on the Guidelines you may call the Occupational Safety and Health Center (OSHC) at telephone number +63 2 924-2412 or e-mail at [email protected].

e. Submission to DOLE of the following:

1. Report on Safety and Health Organization

2. Shipowners Work Accident and Illness report

 Templates for the reports are downloadable at the DOLE website.

Please be guided accordingly.

Manila, Philippines, August 13, 2013.

 

(SGD.) ROSALINDA DIMAPILIS-BALDOZSecretary