Фрагмент документа "КОНВЕНЦИЯ 2006 ГОДА О ТРУДЕ В МОРСКОМ СУДОХОДСТВЕ".
Guideline B5.1.4
Inspection and enforcement
1. The competent authority and any other service or authority
wholly or partly concerned with the inspection of seafarers` working
and living conditions should have the resources necessary to fulfil
their functions. In particular:
(a) each Member should take the necessary measures so that duly
qualified technical experts and specialists may be called upon, as
needed, to assist in the work of inspectors; and
(b) inspectors should be provided with conveniently situated
premises, equipment and means of transport adequate for the efficient
performance of their duties.
2. The competent authority should develop a compliance and
enforcement policy to ensure consistency and otherwise guide
inspection and enforcement activities related to this Convention.
Copies of this policy should be provided to all inspectors and
relevant law-enforcement officials and should be made available to the
public and shipowners and seafarers.
3. The competent authority should establish simple procedures to
enable it to receive information in confidence concerning possible
breaches of the requirements of this Convention (including seafarers`
rights) presented by seafarers directly or by representatives of the
seafarers, and permit inspectors to investigate such matters promptly,
including:
(a) enabling masters, seafarers or representatives of the
seafarers to request an inspection when they consider it necessary;
and
(b) supplying technical information and advice to shipowners and
seafarers and organizations concerned as to the most effective means
of complying with the requirements of this Convention and of bringing
about a continual improvement in seafarers` on-board conditions.
4. Inspectors should be fully trained and sufficient in numbers
to secure the efficient discharge of their duties with due regard to:
(a) the importance of the duties which the inspectors have to
perform, in particular the number, nature and size of ships subject to
inspection and the number and complexity of the legal provisions to be
enforced;
(b) the resources placed at the disposal of the inspectors; and
(c) the practical conditions under which inspections must be
carried out in order to be effective.
5. Subject to any conditions for recruitment to the public
service which may be prescribed by national laws and regulations,
inspectors should have qualifications and adequate training to perform
their duties and where possible should have a maritime education or
experience as a seafarer. They should have adequate knowledge of
seafarers` working and living conditions and of the English language.
6. Measures should be taken to provide inspectors with
appropriate further training during their employment.
7. All inspectors should have a clear understanding of the
circumstances in which an inspection should be carried out, the scope
of the inspection to be carried out in the various circumstances
referred to and the general method of inspection.
8. Inspectors provided with proper credentials under the national
law should at a minimum be empowered:
(a) to board ships freely and without previous notice; however,
when commencing the ship inspection, inspectors should provide
notification of their presence to the master or person in charge and,
where appropriate, to the seafarers or their representatives;
(b) to question the master, seafarer or any other person,
including the shipowner or the shipowner`s representative, on any
matter concerning the application of the requirements under laws and
regulations, in the presence of any witness that the person may have
requested;
(c) to require the production of any books, log books, registers,
certificates or other documents or information directly related to
matters subject to inspection, in order to verify compliance with the
national laws and regulations implementing this Convention;
(d) to enforce the posting of notices required under the national
laws and regulations implementing this Convention;
(e) to take or remove, for the purpose of analysis, samples of
products, cargo, drinking water, provisions, materials and substances
used or handled;
(f) following an inspection, to bring immediately to the
attention of the shipowner, the operator of the ship or the master,
deficiencies which may affect the health and safety of those on board
ship;
(g) to alert the competent authority and, if applicable, the
recognized organization to any deficiency or abuse not specifically
covered by existing laws or regulations and submit proposals to them
for the improvement of the laws or regulations; and
(h) to notify the competent authority of any occupational
injuries or diseases affecting seafarers in such cases and in such
manner as may be prescribed by laws and regulations.
9. When a sample referred to in paragraph 8 (e) of this Guideline
is being taken or removed, the shipowner or the shipowner`s
representative, and where appropriate a seafarer, should be notified
or should be present at the time the sample is taken or removed. The
quantity of such a sample should be properly recorded by the
inspector.
10. The annual report published by the competent authority of
each Member, in respect of ships that fly its flag, should contain:
(a) a list of laws and regulations in force relevant to
seafarers` working and living conditions and any amendments which have
come into effect during the year;
(b) details of the organization of the system of inspection;
(c) statistics of ships or other premises subject to inspection
and of ships and other premises actually inspected;
(d) statistics on all seafarers subject to its national laws and
regulations;
(e) statistics and information on violations of legislation,
penalties imposed and cases of detention of ships; and
(f) statistics on reported occupational injuries and diseases
affecting seafarers.
|
Фрагмент документа "КОНВЕНЦИЯ 2006 ГОДА О ТРУДЕ В МОРСКОМ СУДОХОДСТВЕ".