КОНВЕНЦИЯ 2006 ГОДА О ТРУДЕ В МОРСКОМ СУДОХОДСТВЕ. Конвенция. Международная организация труда. 23.02.06

Guideline B5.2.1
                         Inspections in port

     1.  The  competent  authority should develop an inspection policy
for  authorized  officers  carrying  out  inspections under Regulation
5.2.1. The objective of the policy should be to ensure consistency and
to  otherwise  guide  inspection and enforcement activities related to
the  requirements  of  this  Convention (including seafarers` rights).
Copies  of  this  policy should be provided to all authorized officers
and should be available to the public and shipowners and seafarers.
     2.  When  developing  a  policy  relating  to  the  circumstances
warranting a detention of the ship under Standard A5.2.1, paragraph 6,
of  the  competent authority should consider that, with respect to the
breaches  referred  to  in  Standard  A5.2.1,  paragraph  6  (b),  the
seriousness  could  be  due to the nature of the deficiency concerned.
This  would  be  particularly relevant in the case of the violation of
fundamental  rights and principles or seafarers` employment and social
rights  under  Articles  III  and IV. For example, the employment of a
person  who is under age should be considered as a serious breach even
if  there is only one such person on board. In other cases, the number
of  different  defects  found during a particular inspection should be
taken into account: for example, several instances of defects relating
to  accommodation or food and catering which do not threaten safety or
health   might   be   needed  before  they  should  be  considered  as
constituting a serious breach.
     3. Members should cooperate with each other to the maximum extent
possible  in  the  adoption  of  internationally  agreed guidelines on
inspection  policies,  especially  those relating to the circumstances
warranting the detention of a ship.