The guide to Superyacht law - Fourth edition

What paperwork is required? • Following an inspection, a certificate will be issued by the flag state certifying that the working and living conditions of crew satisfy the mandatory requirements • A declaration, as approved by the flag state, which states the national requirements for the working and living conditions for crew and sets out the measures adopted to ensure compliance You must carry on board the following: Maritime Labour Certificate, Declaration of Maritime Compliance, two copies of the most recent inspection, medical certificates for crew, employment contracts, records of hours of work and rest, complaints procedure. Is MLC really important? • Yes, penalties and corrective measures for breaches or obstructions will be imposed • The superyacht could be detained in port until breaches are rectified • Non-compliance of some parts of the MLC can lead to criminal sanctions on the captain and owner (for example breaches of hours of work and rest obligations) Is there anything new with the MLC? • As the MLC is known as a ‘living’ document, we can expect developments and amendments as issues arise and levels of compliance evolve • Since its implementation, the MLC has been amended to add a mandatory requirement that shipowners have financial security to cover abandonment of crew, as well as death or long-term disability of crew due to occupational injury and hazard, taking effect from 2017 • More recently, amendments have been agreed to give a greater emphasis on inspections to the health and safety risks of bullying and harassment of crew which will come into force in April 2018

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