1 Hviletidsbestemmelser i STCW-konvensjonen/STCW-koden 2010 og Maritime Labour Convention (MLC), 2006

Chapter VIII

Standards regarding watchkeeping

Section A-VIII/1

Fitness for duty

• 1 Administrations shall take account of the danger posed by fatigue of seafarers, especially those whose duties involve the safe and secure operation of a ship.

• 2 All persons who are assigned duty as officer in charge of a watch or as a rating forming part of a watch and those whose duties involve designated safety, prevention of pollution and security duties shall be provided with a rest period of not less than:

  • .1 a minimum of 10 hours of rest in any 24-hour period; and

  • .2 77 hours in any 7-day period.

• 3 The hours of rest may be divided into no more than two periods, one of which shall be at least 6 hours in length, and the intervals between consecutive periods of rest shall not exceed 14 hours.

• 4 The requirements for rest periods laid down in paragraphs 2 and 3 need not be maintained in the case of an emergency or in other overriding operational conditions. Musters, fire-fighting and lifeboat drills, and drills prescribed by national laws and regulations and by international instruments, shall be conducted in a manner that minimizes the disturbance of rest periods and does not induce fatigue.

• 5 Administrations shall require that watch schedules be posted where they are easily accessible. The schedules shall be established in a standardized format1 in the working language or languages of the ship and in English.

• 6 When a seafarer is on call, such as when a machinery space is unattended, the seafarer shall have an adequate compensatory rest period if the normal period of rest is disturbed by call-outs to work.

• 7 Administrations shall require that records of daily hours of rest of seafarers be maintained in a standardized format, in the working language or languages of the ship and in English, to allow monitoring and verification of compliance with the provisions of this section. The seafarers shall receive a copy of the records pertaining to them, which shall be endorsed by the master or by a person authorized by the master and by the seafarers.

• 8 Nothing in this section shall be deemed to impair the right of the master of a ship to require a seafarer to perform any hours of work necessary for the immediate safety of the ship, persons on board or cargo, or for the purpose of giving assistance to other ships or persons in distress at sea. Accordingly, the master may suspend the schedule of hours of rest and require a seafarer to perform any hours of work necessary until the normal situation has been restored. As soon as practicable after the normal situation has been restored, the master shall ensure that any seafarers who have performed work in a scheduled rest period are provided with an adequate period of rest.

• 9 Parties may allow exceptions from the required hours of rest in paragraphs 2.2 and 3 above provided that the rest period is not less than 70 hours in any 7-day period.

  Exceptions from the weekly rest period provided for in paragraph 2.2 shall not be allowed for more than two consecutive weeks. The intervals between two periods of exceptions on board shall not be less than twice the duration of the exception.

  The hours of rest provided for in paragraph 2.1 may be divided into no more than three periods, one of which shall be at least 6 hours in length and neither of the other two periods shall be less than one hour in length. The intervals between consecutive periods of rest shall not exceed 14 hours. Exceptions shall not extend beyond two 24-hour periods in any 7-day period.

  Exceptions shall, as far as possible, take into account the guidance regarding prevention of fatigue in section B-VIII/1.

• 10 Each Administration shall establish, for the purpose of preventing alcohol abuse, a limit of not greater than 0.05% blood alcohol level (BAC) or 0.25 mg/l alcohol in the breath or a quantity of alcohol leading to such alcohol concentration for masters, officers and other seafarers while performing designated safety, security and marine environmental duties.

Section A-VIIL/2

Watchkeeping arrangements and principles to be observed

Part 1 - Certification

• 1 The officer in charge of the navigational or deck watch shall be duly qualified in accordance with the provisions of chapter II or chapter VII appropriate to the duties related to navigational or deck watchkeeping.

• 2 The officer in charge of the engineering watch shall be duly qualified in accordance with the provisions of chapter III or chapter VII appropriate to the duties related to engineering watchkeeping.

Part 2 - Voyage planning

General requirements

• 3 The intended voyage shall be planned in advance, taking into consideration all pertinent information, and any course laid down shall be checked before the voyage commences.

• 4 The chief engineer officer shall, in consultation with the master, determine in advance the needs of the intended voyage, taking into consideration the requirements for fuel, water, lubricants, chemicals, expendable and other spare parts, tools, supplies and any other requirements.

Planning prior to each voyage

• 5 Prior to each voyage, the master of every ship shall ensure that the intended route from the port of departure to the first port of call is planned using adequate and appropriate charts and other nautical publications necessary for the intended voyage, containing accurate, complete and up-to-date information regarding those navigational limitations and hazards which are of a permanent or predictable nature and which are relevant to the safe navigation of the ship.

Verification and display of planned route

• 6 When the route planning is verified, taking into consideration all pertinent information, the planned route shall be clearly displayed on appropriate charts and shall be continuously available to the officer in charge of the watch, who shall verify each course to be followed prior to using it during the voyage.

Deviation from planned route

• 7 If a decision is made, during a voyage, to change the next port of call of the planned route, or if it is necessary for the ship to deviate substantially from the planned route for other reasons, then an amended route shall be planned prior to deviating substantially from the route originally planned.

Part 3 - Watchkeeping principles in general

• 8 Watches shall be carried out based on the following bridge and engine-room resource management principles:

  • .1 proper arrangements for watchkeeping personnel shall be ensured in accordance with the situations;

  • .2 any limitation in qualifications or fitness of individuals shall be taken into account when deploying watchkeeping personnel;

  • .3 understanding of watchkeeping personnel regarding their individual roles, responsibility and team roles shall be established;

  • .4 the master, chief engineer officer and officer in charge of watch duties shall maintain a proper watch, making the most effective use of the resources available, such as information, installations/equipment and other personnel;

  • .5 watchkeeping personnel shall understand functions and operation of installations/equipment, and be familiar with handling them;

  • .6 watchkeeping personnel shall understand information and how to respond to information from each station/installation/equipment;

  • .7 information from the stations/installations/equipment shall be appropriately shared by all the watchkeeping personnel;

  • .8 watchkeeping personnel shall maintain an exchange of appropriate communication in any situation; and

  • .9 watchkeeping personnel shall notify the master/chief engineer officer/officer in charge of watch duties without any hesitation when in any doubt as to what action to take in the interest of safety.

Chapter VIII

Guidance regarding watchkeeping

Section B-VIII/1

Guidance regarding fitness for duty

Prevention of fatigue

• 1 In observing the rest period requirements, “overriding operational conditions” should be construed to mean only essential shipboard work which cannot be delayed for safety, security or environmental reasons or which could not reasonably have been anticipated at the commencement of the voyage.

• 2 Although there is no universally accepted technical definition of fatigue, everyone involved in ship operations should be alert to the factors which can contribute to fatigue, including, but not limited to, those identified by the Organization2, and take them into account when making decisions on ship operations.

• 3 In applying regulation VIII/l, the following should be taken into account:

  • .1 provisions made to prevent fatigue should ensure that excessive or unreasonable overall working hours are not undertaken. In particular, the minimum rest periods specified in section A-VI1I/1 should not be interpreted as implying that all other hours may be devoted to watchkeeping or other duties;

  • .2 the frequency and length of leave periods, and the granting of compensatory leave, are material factors in preventing fatigue from building up over a period of time; and

  • .3 the provisions may be varied for ships on short sea voyages, provided special safety arrangements are put in place.

• 4 Exceptions provided for in section A-VIII/1, paragraph 9, should be construed to mean the exceptions laid down by the ILO Convention on Seafarers’ Hours of Work and the Manning of Ships, 1996 (No. 180) or the Maritime Labour Convention, 2006, when it enters into force. The circumstances under which such exceptions are applied should be defined by the Parties.

• 5 Based on information received as a result of investigating maritime casualties, Administrations should keep their provisions on prevention of fatigue under review.

Prevention of drug and alcohol abuse

• 6 Drug and alcohol abuse directly affect the fitness and ability of a seafarer to perform watchkeeping duties or duties that involve designated safety, prevention of pollution and security duties. Seafarers found to be under the influence of drugs or alcohol should not be permitted to perform watchkeeping duties or duties that involve designated safety, prevention of pollution and security duties, until they are no longer impaired in their ability to perform those duties.

• 7 Administrations should ensure that adequate measures are taken to prevent alcohol and drugs from impairing the ability of watchkeeping personnel and those whose duties involve designated safety, prevention of pollution and security duties, and should establish screening programmes as necessary which:

  • .1 identify drug and alcohol abuse;

  • .2 respect the dignity, privacy, confidentiality and fundamental legal rights of the individuals concerned; and

  • .3 take into account relevant international guidelines.

• 8 Companies should consider the implementation of a clearly written policy of drug and alcohol abuse prevention, including prohibition to consume alcohol within four hours prior to serving as a member of a watch either by inclusion in the company’s quality-management system or by means of providing adequate information and education to the seafarers.

• 9 Those involved in establishing drug and alcohol abuse prevention programmes should take into account the guidance contained in the ILO publication Drug and Alcohol Prevention Programmes in the Maritime Industry (A Manual for Planners)3, as may be amended.

Section B-VIII/2

Guidance regarding watchkeeping arrangements and principles to be observed

The following operational guidance should be taken into account by companies, masters and watchkeeping officers.

Part 1 - Guidance on certification

(No provisions)

Part 2 - Guidance on voyage planning

(No provisions)

ParT 3 - Watchkeeping principles in general

(No provisions)

Maritime Labour Convention, 2006

• 5. Each Member should, after consulting with representative shipowners’ and seafarers’ organizations, have procedures to investigate complaints relating to any matter contained in this Guideline.

Guideline B2.2.3 — Minimum wages

• 1. Without prejudice to the principle of free collective bargaining, each Member should, after consulting representative shipowners’ and seafarers’ organizations, establish procedures for determining minimum wages for seafarers. Representative shipowners’ and seafarers’ organizations should participate in the operation of such procedures.

• 2. When establishing such procedures and in fixing minimum wages, due regard should be given to international labour standards concerning minimum wage fixing, as well as the following principles:

  • (a) the level of minimum wages should take into account the nature of maritime employment, crewing levels of ships, and seafarers’ normal hours of work; and

  • (b) the level of minimum wages should be adjusted to take into account changes in the cost of living and in the needs of seafarers.

• 3. The competent authority should ensure:

  • (a) by means of a system of supervision and sanctions, that wages are paid at not less than the rate or rates fixed; and

  • (b) that any seafarers who have been paid at a rate lower than the minimum wage are enabled to recover, by an inexpensive and expeditious judicial or other procedure, the amount by which they have been underpaid.

Guideline B2.2.4 — Minimum monthly basic pay or wage figure for able seafarers

• 1. The basic pay or wages for a calendar month of service for an able seafarer should be no less than the amount periodically set by the Joint Maritime Commission or another body authorized by the Governing Body of the International Labour Office. Upon a decision of the Governing Body, the Director-General shall notify any revised amount to the Members of the Organization.

• 2. Nothing in this Guideline should be deemed to prejudice arrangements agreed between shipowners or their organizations and seafarers’ organizations with regard to the regulation of standard minimum terms and conditions of employment, provided such terms and conditions are recognized by the competent authority.

Regulation 2.3 — Hours of work and hours of rest

Purpose: To ensure that seafarers have regulated hours of work or hours of rest

• 1. Each Member shall ensure that the hours of work or hours of rest for seafarers are regulated.

• 2. Each Member shall establish maximum hours of work or minimum hours of rest over given periods that are consistent with the provisions in the Code.

Standard A2.3 — Hours of work and hours of rest

• 1. For the purpose of this Standard, the term:

  • (a) hours of work means time during which seafarers are required to do work on account of the ship;

  • (b) hours of rest means time outside hours of work; this term does not include short breaks.

• 2. Each Member shall within the limits set out in paragraphs 5 to 8 of this Standard fix either a maximum number of hours of work which shall not be exceeded in a given period of time, or a minimum number of hours of rest which shall be provided in a given period of time.

• 3. Each Member acknowledges that the normal working hours’ standard for seafarers, like that for other workers, shall be based on an eight-hour day with one day of rest per week and rest on public holidays. However, this shall not prevent the Member from having procedures to authorize or register a collective agreement which determines seafarers’ normal working hours on a basis no less favourable than this standard.

• 4. In determining the national standards. each Member shall take account of the danger posed by the fatigue of seafarers, especially those whose duties involve navigational safety and the safe and secure operation of the ship.

• 5. The limits on hours of work or rest shall be as follows:

  • (a) maximum hours of work shall not exceed:

    • (i) 14 hours in any 24 hour period; and

    • (ii) 72 hours in any seven-day period;

    or

  • (b) minimum hours of rest shall not be less than:

    • (i) ten hours in any 24-hour period; and

    • (ii) 77 hours in any seven-day period.

• 6. Hours of rest may be divided into no more than two periods, one of which shall be at least six hours in length, and the interval between consecutive periods of rest shall not exceed 14 hours.

• 7. Musters, fire-fighting and lifeboat drills, and drills prescribed by national laws and regulations and by international instruments, shall be conducted in a manner that minimizes the disturbance of rest periods and does not induce fatigue.

• 8. When a seafarer is on call, such as when a machinery space is unattended, the seafarer shall have an adequate compensatory rest period if the normal period of rest is disturbed by call-outs to work.

• 9. If no collective agreement or arbitration award exists or if the competent authority determines that the provisions in the agreement or award in respect of paragraph 7 or 8 of this Standard are inadequate, the competent authority shall determine such provisions to ensure the seafarers concerned have sufficient rest.

• 10. Each Member shall require the posting, in an easily accessible place, of a table with the shipboard working arrangements, which shall contain for every position at least:

  • (a) the schedule of service at sea and service in port; and

  • (b) the maximum hours of work or the minimum hours of rest required by national laws or regulations or applicable collective agreements.

• 11. The table referred to in paragraph 10 of this Standard shall be established in a standardized format in the working language or languages of the ship and in English.

• 12. Each Member shall require that records of seafarers’ daily hours of work or of their daily hours of rest be maintained to allow monitoring of compliance with paragraphs 5 to 11 inclusive of this Standard. The records shall be in a standardized format established by the competent authority taking into account any available guidelines of the International Labour Organization or shall be in any standard format prepared by the Organization. They shall be in the languages required by paragraph 11 of this Standard. The seafarers shall receive a copy of the records pertaining to them which shall be endorsed by the master, or a person authorized by the master, and by the seafarers.

• 13. Nothing in paragraphs 5 and 6 of this Standard shall prevent a Member from having national laws or regulations or a procedure for the competent authority to authorize or register collective agreements permitting exceptions to the limits set out. Such exceptions shall, as far as possible, follow the provisions of this Standard but may take account of more frequent or longer leave periods or the granting of compensatory leave for watchkeeping seafarers or seafarers working on board ships on short voyages.

• 14. Nothing in this Standard shall be deemed to impair the right of the master of a ship to require a seafarer to perform any hours of work necessary for the immediate safety of the ship, persons on board or cargo, or for the purpose of giving assistance to other ships or persons in distress at sea. Accordingly, the master may suspend the schedule of hours of work or hours of rest and require a seafarer to perform any hours of work necessary until the normal situation has been restored. As soon as practicable after the normal situation has been restored, the master shall ensure that any seafarers who have performed work in a scheduled rest period are provided with an adequate period of rest.

Guideline B2.3 — Hours of work and hours of rest

Guideline B2.3.1 — Young seafarers

• 1. At sea and in port the following provisions should apply to all young sea farers under the age of 18:

  • (a) working hours should not exceed eight hours per day and 40 hours per week and overtime should be worked only where unavoidable for safety reasons;

  • (b) sufficient time should be allowed for all meals, and a break of at least one hour for the main meal of the day should be assured; and

  • (c) a 15-minute rest period as soon as possible following each two hours of continuous work should be allowed.

• 2. Exceptionally, the provisions of paragraph i of this Guideline need not be applied if:

  • (a) they are impracticable for young seafarers in the deck, engine room and catering departments assigned to watchkeeping duties or working on a rostered shift work system; or

  • (b) the effective training of young seafarers in accordance with established programmes and schedules would be impaired.

• 3. Such exceptional situations should be recorded, with reasons, and signed by the master.

• 4. Paragraph 1 of this Guideline does not exempt young seafarers from the general obligation on all seafarers to work during any emergency as provided for in Standard A2.3, paragraph 14.

Regulation 2.4 — Entitlement to leave

Purpose: To ensure that seafarers have adequate leave

• 1. Each Member shall require that seafarers employed on ships that fly its flag are given paid annual leave under appropriate conditions, in accordance with the provisions in the Code.

• 2. Seafarers shall be granted shore leave to benefit their health and well-being and with the operational requirements of their positions.

Standard A2.4 — Entitlement to leave

• 1. Each Member shall adopt laws and regulations determining the minimum standards for annual leave for seafarers serving on ships that fly its flag, taking proper account of the special needs of seafarers with respect to such leave.

• 2. Subject to any collective agreement or laws or regulations providing for an appropriate method of calculation that takes account of the special needs of seafarers in this respect, the annual leave with pay entitlement shall be calculated on the basis of a minimum of 2.5 calendar days per month of employment. The manner in which the length of service is calculated shall be determined by the competent authority or through the appropriate machinery in each country. Justified absences from work shall not be considered as annual leave.

• 3. Any agreement to forgo the minimum annual leave with pay prescribed in this Standard, except in cases provided for by the competent authority, shall be prohibited.

Guideline B2.4 — Entitlement to leave

Guideline B2.4.1 — Calculation of entitlement

• 1. Under conditions as determined by the competent authority or through the appropriate machinery in each country, service off-articles should be counted as part of the period of service.

• 2. Under conditions as determined by the competent authority or in an applicable collective agreement, absence from work to attend an approved maritime vocational training course or for such reasons as illness or injury or for maternity should be counted as part of the period of service.

• 3. The level of pay during annual leave should be at the seafarer’s normal level of remuneration provided for by national laws or regulations or in the applicable seafarers’ employment agreement. For seafarers employed for periods shorter than one year or in the event of termination of the employment relationship, entitlement to leave should be calculated on a pro-rata basis.

• 4. The following should not be counted as part of annual leave with pay: