/

Checklist

-Maritime Labour Act Fisheries- / Dienststelle Schiffssicherheit
BG Verkehr
Name of ship: / Place and date of inspection:
Scope of inspection:
Initial Intermediate Renewal Additional Ships non-mandatory to certification

I. Relevant recordsanddocumentsfor the inspection

Description / √ / Description / √
Maritime Labour Act (No. 16-01) / Records of hours of work (No. 7-10)
Ship's log book (various No.) / Certificates for private placement services(No. 4-02, 4-03, 4-04)
Crew list (No. 10-02) / Financial security declaration for cases of repatriation (No. 9-02)
Minimum Safe ManningDocument (No. 10-01) / Certificate of drinking water analysis (No. 12-02)
Certificates of Competency (No. 3-01) / Evidence of medical refresher training (No. 13-04)
Certificate ship's cook (No. 12-09) / Medical report form (No. 13-05)
Medical certificates (No. 2-01) / Evidence of internal checks of the medical equipment and medical spaces (No. 13-10)
Copies of employment agreements or agreements on vocational training on board (No. 5-03) / Evidence of risk assessment (No. 14-01)
Copies of collective bargaining agreements (No. 5-04) / Other evidence of implementing health and safety measures (No. 14-02)
On-board complaint procedure (No. 15-01) / Protocols of the ship safety committee (No. 14-08)
Evidence of the plan approval of accommodation and recreational facilities (No. 11-01) / "Handbuch See" (No. 14-02)
Table with the shipboard working arrangements (No. 7-09)

II. Requirements

No. / Specification / Reference MLA / Fulfilled /

N/A

/

Deficiency

1-00 / Minimum age
1-01 / All crew members on board are at least 16 years old. (Within an apprenticeship crew members might be occupied from the age of 15). / § 10 (1), (3)
1-02 / Young crew members (crew members under 18 years) will not be employed as a ship's cook. / § 10 (2)
1-03 / Young crew members are not employed with work which poses a risk to their health or safety.
They are not allowed to be occupied with:
  1. works exceeding their physical or psychic capability;
  2. works exposing them to moral hazards;
  3. works connected with accident risk if there is good reason that young crew members are not able to identify or to avoid them because of their lack of safety awareness or experience;
  4. works jeopardizing the health by extreme heat or coldness or intense wetness;
  5. works exposing them to harmful noise, vibration or radiation;
  6. works exposing them to harmful exposure to hazardous substances according to Ordinance on Hazardous Substances;
  7. works exposing them to harmful exposure to biological working material according to Ordinance on Biological Agents;
  8. engine service if they have not already passed the examination of the recognized apprenticeship for engine service.
Numbers 3 and 8 are not applicable to the employment of young crew members if it is necessary to achieve their education targets and if there is a guarantee that there is supervision by a knowledgeable person and the air threshold limit for hazardous substances is not exceeded (No. 6).
The master has to verify in particular the following activities whether an employment of young crew members must be excluded:
  1. lifting, carrying or moving of heavy loads or objects;
  2. entering of boilers, tanks and cofferdams;
  3. operation of lifting appliances and other power-driven equipment and tools, or providing signals for communication with persons who operate this equipment;
  4. handling of mooring and towing cables or anchor gear;
  5. rigging;
  6. working aloft or on deck in heavy weather;
  7. watch keeping during night time
  8. maintenance of electric facilities or equipment;
  9. cleaning of catering equipment;
  10. handling of tenders or taking responsibility of them.
/ § 117 (1) - (4)
1-04 / Young crew members are not employed in the time between 20 hours and 6 hours.
Possibleexceptions:
During watch keeping duties at sea young crew members may be employed from 5 hours.
The beginning of work may be put forward to 4 hours if otherwise the effective training of the young crew members is affected.
Based on a collective bargaining agreement young crew members may be employed from 20 hours to 24 hours once in a week..
The Dienststelle Schiffssicherheit may accept other exemptions from prohibition of night work. / § 53(4), (6)
§ 54 (1)
2-00 / Medical certificate
2-01 / All crew members on board are in possession of a valid medical certificate, attesting that they are medically fit for the duties they have to perform. / § 11
§ 12 (1)
2-02 / The validity of the medical certificates is two (2) years, for young crew members one (1) year.
However, anauthorized medical practitioner may determine a shorter period of validity / § 12 (5)
2-03 / The medical certificates comply with the published model and are issued by a medical practitioner authorized by the BG Verkehr.
List of authorized medical practitioners:
Model of the medical certificate: see Annex MLC-Guideline / § 12 (1)
2-04 / Recognition of foreign medical certificates: The certificates comply with the requirements of the STCW Convention (STCW section A-I/9).
The certificates contain at least the information required under STCW section A-I/9 paragraph 7 / § 12 (7)
2-05 / Medical certificates for crew members of the deck department include a record of their colour vision. / MarMedV
2-06 / If the period of validity of a certificate of medical fitness expires in the course of a voyage, the certificate continues to be in force until the next port of call where the crew member can obtain a medical certificate from a qualified medical practitioner, provided that the period shall not exceed three months. / § 12 (6)
2-07 / Medical certificates issued in accordance with nos. 2-03 and 2-04 above are issued in English on ships in international voyages. / MarMedV
3-00 / Training and qualifications
3-01 / All crew members are trained for their duties on board and in possession of the necessary and valid certificates and qualifications in accordance with STCW and the Minimum Safe Manning Document. / § 23
3-02 / Before being assigned to shipboard duties, all crew members receivedfamiliarization training in accordance with section A-IV/1 paragraph 1 of the STCW Code documented in the ship's log book. / § 23
4-00 / Recruitment and placement
4-01 / Crew members are employed or placed by:
1. the shipowner
2. the Federal Employment Agency
3. a private placement provider in Germany (continue with 4-02)
4. a public placement agency based in a country that has ratified MLC
5. a private placement service based in a country that has ratified MLC (continue with 4-03)
6. a placement service based in a country in which MLC does not apply (continue with 4-04)
4-02 / Re no. 3.: The shipowner must provide a certificate issued by BG Verkehr that the placement provider complies with the requirements of the Maritime Labour Act. / § 24 (1)
4-03 / Re no. 5.: There is a certificate confirming that the private placement service is subject to a licensing system in the relevant MLC member state
4-04 / Re no. 6.: Private placement services based in countries that have not ratified the Maritime Labour Convention may only be used by the shipowner after having received a written confirmation by the service that it meets the requirements of regulation 1.4 of the Maritime Labour Convention. / § 24 (3)
4-05 / The used recruitment and placement services do not use means (e.g. Black Lists) intended to prevent seafarers from gaining employment. / § 25 (1)
4-06 / No fees for the placement are borne directly orindirectly by the crew members. / § 25 (1)
§ 39 (4)
5-00 / Seafarers' employment agreements
5-01 / Each crew member is in possession of a written employment agreement or agreement on vocational training on board signed by the shipowner and the crew member. / § 28 (1), § 81
5-02 / The crew members were handed out or submitted a draft agreement including the applicable collective agreements, works agreements or shipboard agreements well in time before conclusion of the agreement. / § 28 (1) ,
§ 82 (1)
5-03 / Copies of the signed individual employment agreements and agreements on vocational training on board are available on board (electronic copies are allowed). / § 29 (1)
5-04 / If the employment agreements refer to them:There are copies of the collective agreements, works or shipboard agreements on board. / § 29 (2)
5-05*) / On ships engaged in international voyages: The documents referred to in no. 5-04 and a standard form of the employment agreement are available in English translation on board. / § 29 (3)
The employment agreements include the following information (5-06 to 5-18)
The particulars under nos. 5-11 to 5-15 and 5-17 may be replaced by giving information on any applicable collective agreement, works agreement and shipboard agreement. / § 28 (2)
§ 28 (4)
5-06 / Name and address of the shipowner, in the case of another employer the full name and address of the employer and the shipowner / § 28 (2) No.1
5-07 / Name, date of birth, place of birth and address of the crew member / § 28 (2) No.2
5-08 / The description of the duties the crew member has to perform, if applicable, any limitations of duties to particular ships or trade areas, the ship's name or names and the registration number(s) of the fishing vessel(s) on which the crew member is to work. any limitations of duties to particular ships or trade areas / § 28 (2) No.3, (3) Nr. 1
5-09 / The date of the commencement of the crew member's employment engagement, the place and date of the commencement of duties on board under specification of the ship, and the voyages which are to be undertaken if known at the time of the conclusion of the engagement. / § 28 (2) No.4, (3) Nr. 2
5-10 / In case of a fixed-term crew member's employment agreement, the intended period of the crew member's employment engagementintended period of the crew member's employment engagement intended period of the crew member's employment engagement / § 28 (2) No.5
5-11*) / The composition and the amount of the wages including the surcharges, bonuses, awards and special paymentsor the formula used for calculating the wages, as well as the due date of the wages or the minimum wage and the amount and/or the amount of the share and its formula used for calculation. / § 28 (2) No.6, (3) Nr.3
5-12 / The agreed hours of work and hours of rest / § 28 (2) No.7
5-13*) / The duration of paid annual leave / § 28 (2) No.8
5-14 / In case of an unlimited employment agreement or if the termination of a fixed-term employment agreement is agreed: the conditions, notice periods and dates for termination / § 28 (2) No.9
5-15 / The crew member's entitlement to repatriation / § 28 (2) No.10
5-16*) / Reference to collective bargaining agreements, company- or shipboard agreements, which are applicable to the employment agreement / § 28 (2) No.11
5-17 / The health and social security protection benefits provided or to be provided to the crew member by the shipowner or other employer
Principles of the social security insurance
  1. Accident insurance: All crew members are covered by the statutory accident insurance
  2. Pension insurance: Basically, all crew members are compulsorily insured in the pension insurance. Non-German crew members with a foreign residence may be exempted from the compulsory pension insurance upon application. Nationals of EC- and EEA-Member States, and possibly nationals of countries, with which a social security treaty exists, are excluded from exemption.
  3. Health and long-term care insurance: German crew members have to be covered by a public or private health insurance. A compulsory insurance does not apply to non-German crew members with a foreign residence and crew members who are covered by a sickness insurance scheme of the EC. Different requirements apply to crew members who are nationals of countries with which a social security treaty exists.
  4. Unemploymentinsurance: German crew members and crew members who are nationals of an EC-member state have to be covered by public unemployment insurance. A compulsory insurance does not apply to third country nationals with a foreign residence. Different requirements apply to crew members, who are nationals of countries with which a social security treaty exists.
Medical care at the cost of the shipowner
  1. The medical care for every crew member at the cost of the shipowner ends with the expiry of the 26. week at the latest after he left the ship.
  2. Medical care at the cost of theshipowner lapses when the crew member who is covered by statutory health insurance or private substitutive health insurance has returned to Germany.
  3. In the event of an injury caused by an occupational accident, medical care ends when the competent accident liability insurance begins with its payments.
  4. A crew member who is unfit for work because of illness or injury is entitled to continuation of payment of full wages from the beginning of the inability to work at least until the day on which the crew member leaves the ship. When leaving the ship the crew member is entitled to receive full wages for a period of up to six weeks from the beginning of the incapacity.
  5. An ill or injured crew member who has no longer an entitlement to continuation of payment of wages is entitled to receive sick pay according to SGB V up to a period of 16 weeks counting from the beginning of the inability to work or treatment in a hospital.The entitlement lapses for a crew member who has left the ship and who is entitled in Germanyto sick pay by the public health insurance in Germany.
/ § 28 (2) No.12
5-18 / The place and date of conclusion of the crew member's employment agreement / § 28 (2) No.13
5-19 / Signature of the shipowner (or representative of the shipowner) and of the crew member / § 28 (1)
5-20*) / Crew members receive a written record in German and English language of their employment on board latest at the end of service on board:
Minimum content:
the crew member's name, date of birth, place of birth and address;
the shipowner's name and address, in case of a different employer the name and address of the employer and the shipowner;
the ship's name, the ship type, the IMO identification number, gross tonnage, engine capacity and trade area;
the date of the beginning and the end of duties on board;
type and duration of the service rendered.
Remark:
On board of ships on which the crew changes at short intervals or on ships calling regularly at the same ports (e.g. ferries and tugs) the record of employment needs to be handed out or to be submitted only at the request of the crew member and on termination of the employment engagement. / § 33 (1), (2)
5-21 / The records of employment do not contain any statement to the quality of the crew members' work or to their wages. / § 33 (4)
5a-00 / Particularities for agreements about apprenticeship on board (if applicable)
The agreements about apprenticeship on board contain the following particulars:
The particulars under nos. 5a-07, 5a-09 to 5a-11, 5a-13 and 5a-14 17 may be replaced by giving information onany applicable collective agreement, works agreement and shipboard agreement. /
§ 82 (3)
5a-01 / the shipowner's (trainer's) name and address, in case of another trainer the name and address of the trainer as well as the name and address of the shipowner / § 82 (3) No.1
5a-02 / The full name, date of birth, place of birth and address of the apprentice / § 82 (3) No.2
5a-03 / The date of the commencement of the agreement about apprenticeship / § 82 (3) No.3
5a-04 / The name(s) and registration number(s) of the fishing vessel(s), the employment takes place. / § 82 (4) Nr.1
5a-05 / The voyage which will be undertaken if known at the time of conclusion of the engagement,
5a-06 / The nature, functional and chronological structure and objectives of the apprenticeship, especially the profession the apprenticeship is stipulated for / § 82 (3) No.4
5a-07 / The period of apprenticeship / § 82 (3) No.5
5a-08 / The training measures outside the training site / § 82 (3) No.6
5a-09 / The period of the regular daily hours of training and hours of rest / § 82 (3) No.7
5a-10 / The probationary period / § 82 (3) No.8
5a-11 / The due date and amount of remuneration and the amount of share and its formula used for calculation, if a share has been agreed / § 82 (3) No.9, (4) Nr.3
5a-12 / The duration of the annual leave / § 82 (3) No.10
5a-13 / The prerequisites under which the agreement about apprenticeship on board may be terminated / § 82 (3) No.11
5a-14 / Reference to collective bargaining agreements, company or shipboard agreements which apply to the agreement about apprenticeship on board / § 82 (3) No.12
5a-15 / The health and social security protection benefits to be provided to the apprentice by the shipowner (trainer) or the other trainer / § 82 (3) No.13
5a-16 / The apprentice's entitlement to repatriation / § 82 (3) No.14
5a-17 / The date when and the place where the agreement about apprenticeship has been concluded. / § 82 (3) No.15
5a-18 / Signature of the shipowner (or representative of the shipowner), the other trainer, if applicable, and the apprentice / § 82 (1)
5a-19 / The probationary period is at least one month but not more than five months. / § 86
6-00*) / Payment of wages
6-01 / The crew members receive their agreed wages at the end of each calendar month and on termination of the employment engagement. / § 37 (1),
§ 38 (2)
6-02 / The crew members are paid for overtimes
Payment for overtimes accordingto § 51 SeeArbG, or
Payment for overtimes (lump sum or single hours) according to CBA / § 51
6-03 / Before the commencement of the employment engagement the crew members also receive wages for the duration of necessary travel to the agreed place of taking up service. / § 37 (2)
6-04 / The crew members receive immediately at the end of each calendar month and at the end of the employment engagement an account of payments in text form. (possible in electronicfiling). / § 40 (1)
6-05 / The accounts contain the relevant accounting period as well as information on the composition of wages (additional payments, allowances, premiums, bonuses, deductions and partial payments or information about the exchange rate, provided that payments are made in a currency other than agreed). / § 40 (2)
6-06 / The exchange rate complies with the rate published by the European Central Bank. / § 39 (1)
6-07 / At the request of the crew member wages or a part of them will be transferred cashless to the crew member or to a person nominated by the crew member (e.g. family or dependants). / § 39 (2)
6-08 / The shipowner does not charge the crew member for the service referred to in section 6-07. / § 39 (3)
6-09 / No deductions are made from wages for obtaining or retaining employment. / § 39 (4)
7-00 / Hours of work and hours of rest
7-01*) / The daily hours of work (Maritime hours of work and hours of work in port) will only be extended in other urgent cases. The same shall apply to watch keeping in the port.
For example, arrival and departure of the ship and necessary work to ensure the ship's operation / § 47 (4)
7-02*) / The restrictions of Maximum hours of work are observed
14 hours in any 24 hour period and
72 hours in any 7 day period / § 48 (1) No.1
7-03 / The requirements to the minimum hours of rest are observed
10 hours in any 24 hour period and
77 hours in any 7 day period / § 48 (1) No.2
7-04 / The minimum hours of rest are not divided into more than 2 periods, one of which shall be at least 6 hours and the other shall be at least 1 hour in length. The interval between two consecutive periods of rest does not exceed 14 hours. / § 45 (3)
7-05 / In the case of individual or general exceptions from the requirements of hours of work and rest granted by the Dienststelle Schiffssicherheit:
The requirements according to the individual or general exception are complied with.
For example: general exception for coastal fishing and high sea fishing as applicable / § 49 (1)Nr.2 bis 4
i.v.m.§ 49 (3)
7-06 / Masters not going watches: The provisions in respect of the minimum hours of rest are adhered to. / § 42 (4)